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HomeMy WebLinkAbout2010/01/05 Item 5ITY COUNCIL STATEMENT ~~ CITY OF CHULAVISTA 1/OS/10, Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH SOUTHERN CONTRACTING 1NC. FOR THE MUNICIPAL SOLAR PHOTOVOLTAIC PROJECT (GG208 SUBMITTED BY: DIRECTOR OF PUBLIC WORKS DIRECTOR OF CONE NATION & NVIlZONMENTAL SER REVIEWED BY: CITY MANAGER ~\- ~• n`r*1 ASSISTANT CITY ANAGER ~~ 4/STHS VOTE: YES ^ NO SUMMARY As part of the American Recovery & Reinvestment Act of 2009, the City of Chula Vista has been allocated $1,974,300 of Energy Efficiency & Conservation Block Grants (EECBG) to implement strategies to reduce energy use and lower fossil fuel emissions. Specifically, $874,300 of the EECBG funds has been allocated to be used to expand on-site solar photovoltaic energy systems at multiple municipal facilities. The City will use the EECBG funds to maximize the opportunity to reduce greenhouse gas emissions and lower energy demand in Chula Vista. On April 3, 2009 an RFP for City-wide Municipal Solar Photovoltaic Projects was issued. Southern Contracting Inc. was chosen as the candidate that best met all the qualifications outlined in the RFP. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 8 categorical exemption pursuant to Section 15308 [Actions by Regulatory Agencies for Protection of the Environment] of the State CEQA Guidelines. Thus, no further CEQA environmental review is necessary. In addition, the Environmental Review Coordinator has reviewed the proposed project for compliance with the National Environmental Policy Act (NEPA) since federal monies are involved and has determined the project qualifies for a Categorical Exclusion pursuant to Section B5.1 [Actions to conserve energy, demonstrate potential energy conservation, and promote energy-efficiency] of Subpart D, Part 1021 of the U.S. Department of Energy (DOE) Environmental Policy Act Implementing Procedures. Thus, no further NEPA environmental review is necessary. 5-1 1/OS/10, Item S Page 2 of 3 RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Although the Resource Conservation Commission did not take formal action, the Commission expressed general support for staff's EECBG strategy at their April 27, 2009 meeting. DISCUSSION As part of the Federal Energy Independence & Security Act of 2007, Congress authorized a new Department of Energy program entitled Energy Efficiency & Conservation Block Grants (EECBG) which was designed to provide local governments funding to implement strategies to reduce energy use and lower fossil fuel emissions. Although the original 5-year EECBG program never received federal appropriations, the American Recovery & Reinvestment Act of 2009 did include $3.2 billion to support limited EECBG funding throughout the nation. As a result, the City of Chula Vista has been allocated $1,974,300 in EECBG funding based on its population (daytime and fulltime) size. At their May 12, 2009 meeting, the City Council approved staff's strategy for using the grant funds and authorized the City Manager to execute all documents necessary to obtain and manage EECBG grant funds (Resolution #2009-116). On November 3, 2009 the City Council accepted EECBG grant funds for energy projects, a portion of these funds has been allocated for Municipal Solar Installations. Municipal Solar Installations ($874,300) -EECBG funds, combined with other non-General Funds, will be used to expand municipal on-site solar photovoltaic (PV) capacity up to 1 MW and will allow the City to produce at least 10% of its energy demand with renewable energy. As outlined in the Chula Vista Municipal Building Energy Efficiency Policy, the City's overall goal is to provide 20% or more of the total energy demand for City-owned facilities with renewable energy. This project contributes to the goals outlined in Climate Measures Implementation Plans' Measure #5. These projects balance the City's goals of reducing annual municipal energy costs by installing more energy efficient technologies and renewable energy systems at municipal facilities with supporting acommunity-focused energy efficiency and solar conversion program to help residents and businesses reduce monthly energy use and costs. As previously approved by City Council (Resolution #2007-241 & #2009-116), the federal EECBG funds will be leveraged with over $8 million in California Energy Commission Loans (3.0% or lower interest rate) or San Diego Gas & Electric On-Bill Financing (0% interest rate) to implement additional municipal retrofit projects which would further reduce municipal energy use and generate General Funds savings (once the loans are repaid in typically 4-7 years). In addition, the EECBG funds will be supplemented with over $20 million in private, property-secured financing which Home Upgrade, Carbon Downgrade program participants can also access to fund building retrofit projects. Property-secured financing, commonly called AB811 financing, is emerging as a novel tool for local governments to facilitate the installation of water conservation, energy efficiency, and renewable energy upgrades in the community, and allows homeowners to finance carbon- saving improvements through a voluntary tax assessment on their property. The homeowners' new assessments are offset by their resulting utility savings. 5-2 1/OS/10, Item Page 3 of 3 On April 3, 2009 an RFP for City-wide Municipal Solar Photovoltaic Projects was issued and 13 proposals were received on May 1, 2009. A team of five City staff members reviewed all 13 proposals and six were designated to move forward for interviews as follows: Southern Contracting Company Sullivan Solar Power Highland Partnership/Borrego Solar Independent Energy Solutions AECOM Energy Solar Power Inc. In August 2009, all six respondents were interviewed and in September 2009, Southern Contracting Inc. was chosen as the candidate that best met all the qualifications outlined in the RFP. At this time, staff is recommending that Council enter into a Design Build Agreement with Southern Contracting for design and implementation of solar photovoltaic systems at twelve (12) sites city-wide as Phase 1 of the Municipal Solar Porject. DECISION MAKER CONFLICT Although some Councilmembers own property within a 500 foot radius of the potential properties involved in the decision making, pursuant to California Code of Regulations Section 18705.2(a)(1), no conflicts exist as the decision will have no financial effect on the Councilmembers' properties; therefore, the Councilmembers are not disqualified from participating in the decision making. CURRENT YEAR FISCAL IMPACT The City's implementation of identified projects would have no net impact on the City's General Fund for the current fiscal year. EECBG funds would cover all capital expenses; while staff time costs are funded through either the SDG&E Local Government Partnership or annual departmental budgets. CIP Projects Only Proposed Budgeted Amount GG208 Municipal Solar PV $874,300 Total $874,300 ONGOING FISCAL IMPACT All capital improvement and staff costs associated with the identified projects would be covered by the EECBG or other external funding sources (i.e. no General Fund costs). ATTACHMENTS Exhibit A. Agreement with Southern Contracting, Inc. Prepared by: Gordon Day, Building Project Manager, Public Works Dept. M: IEngineerL4GENDAICAS2009112-/5-091Solar RFP.doc 5-3 RESOLUTION N0.2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH SOUTHERN CONTRACTING INC. FOR THE MUNICIPAL SOLAR PHOTOVOLTAIC PROJECT (GG208) WHEREAS, on November 3, 2009 the City Council accepted EECBG grant funds for energy projects, a portion of these funds has been allocated for municipal solar installations; and WHEREAS, these projects balance the City's goals of reducing annual municipal energy costs by installing more energy efficient technologies and renewable energy systems at municipal facilities with supporting acommunity-focused energy efficiency and solar conversion program to help residents and businesses reduce monthly energy use and costs; and WHEREAS, on April 3, 2009 an RFP for City-wide Municipal Solar. Photovoltaic Projects was issued and 13 proposals were received on May 1, 2009. WHEREAS, a team of five City staff members reviewed all 13 proposals and six were designated to move forward for interviews as follows: Southern Contracting Company Sullivan Solar Power Highland Partnership/Borrego Solar Independent Energy Solutions AECOM Energy Solar Power Inc. WHEREAS, in August 2009, all six respondents were interviewed and in September 2009, Southern Contracting Inc. was chosen as the candidate that best met all the qualifications outlined in the RFP. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve a design build agreement with Southern Contracting Inc. for the Municipal Solar Photovoltaic Project (GG208). Presented by Approved as to form by Richard A. Hopkins Director of Public Works Bart Miesfeld ~ g ~ ~/`7 ~~ City Attorney 5-4 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY' S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~~°L7~~ Bart C. iesfeld City Attorney Dated: DESIGN BUILD AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SOUTHERN CONTRACTING, INC. FOR SOLAR PHOTOVOLTAIC PROJECT (GG208) 5-5 r DESIGN BUILD AGREEMENT FOR SOLAR/PHOTOVOLTAIC PROJECT THIS Agreement shall be for the design and construction of Solar Photovoltaic Systems and the payment of permitted costs therefore ("Agreement")..This Agreement is made and entered into this , by and between THE CITY OF CHULA VISTA, a municipal corporation ("City"), and Southern Contracting Corporation, a Subchapter S Corporation located in San Marcos, California ("Design Builder or DB"). City and DB, when referenced herein, maybe referred to individually as "Party" and collectively as "Parties." This Agreement is entered into with reference to the following facts: - RECITALS 1. As part of the American Recovery & Reinvestment Act of 2009, the City of Chula Vista has been allocated $1,974,300 of Energy Efficiency & Conservation Block Grants (EECBG) to implement strategies to reduce energy use and lower fossil fuel emissions. Specifically, $874,300 the EECBG fund has been allocated to be used to expand on-site solar photovoltaic energy systems at multiple facilities. 2. The City will use the EECBG funds to maximize the opportunity to reduce greenhouse gas emissions and lower energy demand in Chula Vista. 3. May 12, 2009 meeting, the City Council approved staffs strategy for using the grant funds and authorized the City Manager to execute all documents necessary to obtain and manage EECBG grant funds (Resolution #2009-116). On November 3, 2009 the City Council accepted EECBG grant funds for energy projects, a portion of these funds has been allocated for Municipal Solar Installations. 4. As part of that effort, on Apri13, 2009, the Department of Public Works, Engineering Division, issued a Public Request for Proposal (RFP), pursuant to § 2.57 of the City's Municipal Code, to design and construct structures ("Project") to qualified Design-Build firms. 5. The following companies submitted proposals; Southern Contracting Company, Sullivan Solar Power, Highland Partnership/ Borrego Solar, Independent Energy Solutions, AECOM Energy, Solar Power Inc, Bingham Construction Company Inc, Clean Power Systems, SPG Solar, Home Energy Systems Inc, Cornerstone CMS/FPT Group, Cenergy Power, and ASIT-Advanced Solar Integration Technologies. 6. The ranking of firms through the bid process qualified six (6) respondents for interviews. In a second and third round of interviews, Southern Contracting was selected as the respondent who best met the design, monetary, and time criteria of the project with whom City could negotiate an agreement. 5-6 7. As part of DB's proposal, DB submitted a "Not to exceed Gross Maximum Price" of the Project in the amount of ($ 874,300.00 ("Estimated Cost"/"EC")) to initiate the Phase I design and implementation of ~ to twelve (12) solar projects at multiple locations. 8. Following City's approval of 90% Construction Documents ("CD") and with the approval for funding through CEC loans, DB shall submit a guaranteed maximum price ("GMP"), at which-time staff will return to council for approval for each individual project's Guaranteed Maximum Price, for which each Project shall be designed and constructed. However, no expenses can be incurred.until the NEPA review process is completed by Department of Energy and EECBG funds are released for each particular project. 9. DB shall complete the Proj ect, as a public improvement, according to plans and specifications approved by City, and adhere to the Special Terms & Conditions of the Energy Efficiency & Conservation Block Grant program, including (but not limited to) procurement, labor, and reporting requirements (Exhibit "B") for an amount not to exceed the GMl': NOW THEREFORE, in consideration ofthe recitals, mutual obligations of the Parties, the covenants and conditions herein, and for other good and valuable, the sufficiency of which is hereby acknowledge, the Parties agree as follows: 2 5-7 ARTICLE I. DEFIlVITIONS ADA: The Americans with Disabilities Act of 1990 and any amendments thereto. Acceptance: Final approval by the City Inspection Team following the Final Inspection that Project Improvements are complete and work required on the Punch List has been finished. As-Builts: Project Record Documents that are the Contract plans modified from the original concept of the design to reflect the actual product built. CEQA: California Environmental Quality Act. CEC: California Energy Commission. Calendar Day(s): All days of the week, holidays and weekends included. Change Order: A written order, approved by City, authorizing a change in the work to be performed. City: The City of Chula Vista. Unless specifically provided otherwise, whenever this Agreement requires an action or approval by City, that action or approval shall be performed by the City representative designated by the Agreement. City Council: The City Council of the City of Chula Vista. City's Project Administration Costs: Charges that City incurs to: (i) administer the acquisition of the Property, (ii) review and approve the plans and specifications for the project improvements, and (iii) inspect the project improvements during construction, until completion and Acceptance of the Project. Contract Documents: Including, but not limited to: Contract Addenda, Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying Bid and any post-bid documentation submitted prior to Notice of Award), the Bonds, the general conditions, permits from other agencies, the Special Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all modifications issued after the execution of this Agreement. Contract Time: The number of Calendar Days permitted under this Agreement for D/B to achieve Substantial Completion. Defective Work: All work, material, or equipment that is unsatisfactory, faulty, incomplete, or does not conform to the Contract documents is defective. Design Build Team (DBT): Those individuals designated as being a part of the Design Build Team. See Exhibit C. Estimated Cost: The total cost of the Project as estimated in preliminary cost estimates as shown in Exhibit "A". Extra Work: Any City additions, modifications, or deletions to work or DB obligations under this Agreement not within the original Scope of Work contemplated by this Agreement. Final Completion: The point at which the last of the following has occurred: (1) recordation of a Notice of Completion for the Project; (2) acceptance of the Project by the City; (3) submission of all documents required to be supplied by DB to City under this Agreement, including but not limited to As-Built Drawings, warranties, and operating manuals; and (4) and delivery to City of a Certificate of Completion duly verified by DB. 3 5-8 Greenbook: The most recent edition of the Standard Specifications for Public Works Construction (including any City of Chula Vista standard special provisions). Guaranteed Maximum Price ("GMP"): The maximum compensation to which DB may be entitled for the performance of all Services, Work, and obligations and the satisfaction of all conditions under this Agreement, which amount shall include all authorized costs for labor, equipment, and material to design and build a fully functional Project in accordance with all applicable rules, regulations, and laws. Hard Construction Costs: Direct construction costs incurred in performing the work, including taxes, delivery and installation. Hard Construction costs shall not include DB markup, handling fees, overhead, or other charges, except as otherwise set forth in this Agreement. Hazardous Materials: Hazardous waste or hazardous substance as defined in any federal, state, or local statute, ordinance, rule, or regulation applicable to the Property, including, without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (Title 42 United States Code sections 9601-9675), the Resource Conservation and Recovery Act (Title 42 United States Code sections 69016992k), the Carpenter Presley- Tanner Hazardous Substance Account Act (Health and Safety Code sections 25300-25395.15), and the Hazardous Waste Control Law (Health and Safety Code sections 25100-25250.25). "Hazardous Materials" shall also include asbestos or asbestos containing materials, radon gas, and petroleum or petroleum fractions, whether or not defined as hazardous waste or hazardous substance in any such statute, ordinance, rule, or regulation. Holiday: The City-observed holidays. Law: All Federal, State, or local laws, regulations, ordinances, and/or policies. Milestones: Dates shown on the Project Schedule by which DB shall complete major tasks either during design or construction of the Project. NEPA: National Environmental Policy Act. Notice to Proceed: City's written notice authorizing DB to commence Work and/or Services on the Project. Notice of Termination: A written notice from City to D/B terminating the Agreement in accordance with Article XXVI. Project Site: The property located at (See list of sites) and further described in Exhibit "A", attached. Reimbursable Costs: All direct costs, including labor, materials, permit fees, insurance and bonds, general conditions, overhead and profit. Services: Professional services, including design and construction management of the Project that are required to design and construct the Project in accordance with the Contract Documents. Services does not include Work. Substantial Completion: That stage in the progress of the construction when all Work on the Project is sufFciently complete in accordance with the Construction Documents, so that City can fully utilize entire Project; Substantial Completion shall further mean that all goods, services and systems to be provided under the terms and conditions of the Construction Documents are in 4 5-9 place, have been initially tested, and are operationally functional, subject only to final testing, balancing and adjustments and normal Final Completion punch list work. Title 24: California Building Standards Code, California Code of Regulations, Title 24. Work: All labor, materials, supplies, and equipment that are necessary to construct the Project in accordance with the Contract Documents. Work does not include Services. Working Day(s): Monday through Friday, excluding City holidays. ARTICLE II. SCOPE OF THE AGREEMENT 2.1 General. Except as expressly provided in this Agreement, DB shall design and construct the Project in accordance with all the terms and conditions of this Agreement, approved Plans and Specifications, and the timeframes established by the Project Schedule, which will be determined at 90% construction documents, delivering a complete and functional Project within the Contract Time for an amount not to exceed the GMP. ARTICLE III. TERM 3.1 Term of Agreement. This Agreement shall be effective on the date it is executed by the last Party to sign the Agreement following City Council approval by Resolution. The term of this Agreement will extend from the date of execution until satisfaction of all terms and conditions herein, unless this Agreement is earlier terminated. ARTICLE IV. GENERAL PROJECT PERFORMANCE OBLIGATIONS 4.1 Standard of Care. Throughout the performance this Agreement, performed under this Agreement, DB agrees that all Services and Work provided as part of this Agreement shall be performed in accordance with the standards customarily adhered to by experienced and competent professional architectural, engineering, landscape architecture, and construction firms using the degree of care and skill ordinarily exercised by reputable professionals practicing in the same field of service in the State of California. 4.2 Compliance with all Laws. In the performance of this Agreement, DB shall comply with all laws, including but not limited to: 4.2.1 All City, County, State, and Federal laws, codes and regulations, ordinances, and policies, including, but not limited to, the following: 4.2.1.1 Environmental Regulations (i.e. CEQA/ NEPA). 4.2.1.2 The Americans with Disabilities Act ("ADA") and Title 24 of the California Building Code. It is the sole responsibility of DB to comply with all ADA and Title 24 regulations. 4.2.1.3 The California Fair Employment and Housing Act and all other State, Federal and local laws including, but not limited to, those prohibiting discrimination on account of race, color, national origin, religion, age, sex or handicap 5 5-10 4.2.1.4 The Clean Air Act of 1970, the Clean Water Act (33 USC 1368)- Executive Order 11738, and the Stormwater Management and Discharge Control-Ordinance No. 0-17988. 4.2.1.5 DB shall comply with the Essential Services Building Seismic Safety Act, SB 239 & 132. 4.2.1.6 DB shall comply immediately with all directives issued by City or its authorized representatives under authority of any laws, statutes, ordinances, rules, or regulations. 4.2.1.7 D/B shall obtain and comply with all permits necessary top complete the Project, including, but not limited to~Development Services Department permits and hazardous material permits. 4.2.1.8 Zoning, environmental, building, fire and safety codes and. coverage, density and density ratios and lien laws. 4.2.2 Implied Knowledge of Laws. DB shall be responsible for all amendments or updates to standards and of all amendments or updates to standards, whether local, state, or federal, and such knowledge will be imputed to DB to the extent allowed by law. 4.3 Design and Construction Standards.. In the performance of the Services and Work covered by this Agreement, DB shall comply the most current versions of design and construction specifications, all of which shall be incorporated herein by this reference. 4.3.1 Standard Specifications. 4.3.1.1 Greenbook. The 2000 Edition of the Standard Specifications for Public Works Construction. 4.3.1.2 California Department of Transportation Manual of Traffic Controls for Construction and Maintenance Work Zones. 4.3.2 City Specifications. 4.3.2.1 The 2000 Edition of the Chula Vista Standard Special Provisions. 4.3.2.2 The 2000 Edition of the Regional Standards. 4.3.2.3 The 2002 Edition of the Chula Vista Construction Standards. 4.3.2.4 The City's facility program, performance and design criteria, concept drawings, and reports. 4.3.3 Energy Conservation Standards. N/A 4.3.4 Materials Standards. D/B shall use industrial grade, not residential grade, equipment and accessories for all facets of design and construction. 4.4 Obtain City Approval. For any and all actions under this Agreement that require City approval, including, but not limited to, changes or additions to Agreement, DB shall obtain approval in writing from the designated City Representative, or when required by Law, from the City Council. DB acknowledges that approval from any individual other 6 5-11 than the designated City Representative or City Council, where required, shall not be valid. 4.4.1 Failure to Obtain Approval. Any costs or delays resulting from or associated with additions or modifications implemented without the written authorization of the City Representative shall be borne exclusively by DB and not be grounds for an increase in GMP or Contract Time. 4.4.1.1 Emergency. In the event of an emergency, DB shall take all reasonable actions necessary to protect public health, safety or property. Such action shall not require advance City approval; however, DB shall notify the City immediately of the emergency and as soon as reasonably possible provide a written statement to the City explaining the emergency and the reasonable actions taken. Provided the emergency was not caused by or its creation contributed to by the DB, its employees, agents, or subcontractors, DB may be entitled to reasonable compensation for such actions. 4.4.2 No Release From Obligations. City approval shall be a general approval only, and such approval shall in no way release or relieve DB of responsibility for complying with all applicable laws, codes, and good consulting, design, or construction practices. 4.5 Decision Makin. DB shall make decisions with reasonable promptness to avoid delay in the orderly progress of DB's obligations under this Agreement and pursuant to the Project Schedule., which will be determined at 90% construction documents. 4.6 Perform Services and Work in Phases. The Services and Work under this Agreement shall be performed three (3) "Phases" in the manner and order described herein. ARTICLE V. PHASE I -DESIGN DEVELOPMENT 5.1 Design Team. City has awazded this Agreement based on the specific qualifications of DB to perform the design services required under this Agreement. All such services shall be provided by DB unless the City has approved of the use of Subconsultants in the manner identified in Article VIII. 5.2 Services. In Phase I, DB shall perform Services including, but not limited to, the following: 5.2.1 Project Development. Develop and refine Project requirements. 5.2.2 DDD. Prepare complete DDDs, such that the DDDs include, without limitation, the following: 5.2.2.1 Site Plans. Site plan with pertinent notes and dimensions indicating property line; existing public streets, sidewalks and site elements as applicable. 5.2.2.2 Floor Plans 5.2.2.3 Roof Plans. Solaz PV Roof Installation plans including detailed notes, dimensions, mechanical equipment locations, mounting methods, skylights and roof access. 7 5-12 5.2.2.4 Building Plans. N/A - 5.2.2.5 Elevations. Exterior elevations, including material references and extent, and visible roof top elements: as applicable. 5.2.2.6 Wall Sections. N/A 5.2.2.7 Outline specifications, written description of each project by address and components including site work. 5.2.2.8 Traffic circulation and landscaping should also be indicated at this stage if applicable 5.2.3 Code Compliance. N/A -- 5.2.4 Submittals. Prior to proceeding with Phase II, DB shall prepare and submit the following to the City for review and written approval. 5.2.4.1 DDDs. Completed DDD. . 5.2.4.1.1 Conditional Approval. In the event that City grants conditional approval, DB shall address all City comments or issues and make associated revisions in the next set of drawings developed and submitted. 5.2.4.1.2 Delay/Costs. Any delay or additional costs resulting from this submittal shall be borne exclusively by DB and not be grounds for an increase in the GMP or Contract Time. 5.2.4.2 Other Deliverables. NA ARTICLE VI. PHASE II 6.1 Phase II Services. In Phase II of the Project, DB's shall perform Services including, but are not limited to, the following: 6.1.1 Project Development. DB shall diligently prosecute the development and refinement of Project requirements and review such requirements with City; .6.1.2 Digital Documentation. DB shall prepare CD's which shall include, without limitation, the following: 6.1.2.1 Architectural plans and details, including: 6.1.2.1.1 Site plan indicating general location and nature of on-site and the necessary off-site improvements. 6.1.2.1.2 Floor plans, including roof, showing space assignments, sizes, and location of installed or fixed and movable equipment that affects the design of the spaces. NA 6.1.2.1.3 Building elevations indicating exterior design elements and features, mechanical and electrical features appearing on the walls, roofs, and adjacent areas. 6.1.2.1.4 Interior elevations to establish functional requirements, equipment, and all systems locations.. N/A 8 5-13 6.1.2.1.5 Typical building sections showing primary structural members, dimensions, and accommodations of functional systems. NA 6.1.2.1.6 Typical wall sections sufficient to indicate materials, openings, and major features. N/A 6.1.2.2 Structural drawings including plans and sections of sufficient clarity and detail to show the extent and type of structural system and dimensions, final structural design criteria, foundation design criteria, preliminary sizing of major structural components, critical coordination clearances and applicable material lists. 6.1.2.3 Mechanical plans and details. N/A- 6.1.2.4 Landscape and Irrigations plan details. N/A 6.1.2.5 Electrical plans and details, including Electrical Single Line Diagrams, and Point-To-Point DC Wiring Diagram (indicates which panels relate to which strings). 6.1.2.6 Structural Calculations (for wind loading and seismic). 6.1.2.7 Plans showing installation of major systems, equipment fixed furnishings and graphics. N/A 6.1.2.8 Electrical Installation specifications. 6.1.2.9 All other technical drawings, schedules, diagrams and specifications, to set forth in detail the requirements for construction of the Project which, at a minimum, include: 6.1.2.9.1 Information customarily necessary for the use of those in the building trades. 6.1.2.9.2 Documents customarily necessary to obtain regulatory agency approvals. 6.1.2.9.3 Color board and architectural rendering for required presentations. N/A 6.1.2.10 Mechanical design documentation consisting of continued development and expansion of schematic mechanical design consisting of : N/A 6.1.2.10.1 Single line layouts and the approximate sizing of all equipment and capacities, preliminary equipment layouts. N/A 6.1.2.10.2 Required space requirements for the equipment, required chases and clearances, acoustical and vibrations control, visual impacts and energy conservation measures. N/A 6.1.2.11 Electrical design documentation consisting of continued expansion of the schematic electrical design consisting of: 6.1.2.11.1 Criteria for electrical systems typical to solar photovoltaic systems, the approximate sizes and capacities of major components inverters- and disconnect switches and combiner 9 5-14 boxes; 6.1.2.11.2 Preliminary equipment layouts, required space for equipment, required chases and clearances. 6.1.2.12 Sections through critical areas showing coordination of architectural, structural, mechanical and electrical elements. N/A 6.1.2.13 Final specifications, including but not limited to, the following: 6.1.2.13.1 Architectural. N/A 6.1.2.13.2 Mechanical. N/A 6.1.2.13.3 Electrical. Description of Solar Photovoltaic system and components. 6.1.2.13.4 Landscape. N/A 6.1.2.13.5 Play Areas. N/A 6.1.2.13.6 Site Work. N/A Other. Such other documents to fix and describe the size, quality and character of the entire Project, its materials, and such other elements as shall be appropriate. 6.1.2.14 Plumbing drawings, including location and quantity of fixtures, equipment sizes, room sizes for plumbing equipments, and final specifications as appropriates. N/A 6.1.3 Project Sequencing. DB shall determine and establish the sequence of construction, and if appropriate, identify separate bid packages to accomplish phased construction of the Project. 6.1.4 Critical Path. DB shall prepare a detailed Critical Path Method schedule for all construction components of the Project ("Detailed Construction Schedule") utilizing Microsoft Project software, showing all major milestones, bid dates for the major bid packages, commencement of construction, sequence of construction, completion of structural elements, and completion of the Solar Photovoltaic Structures, all of which shall conform with the dates of Substantial Completion and Final Completion for each Project. 6.1.5 Governmental Review. DB shall review, as needed, the CD's with the governmental authorities having jurisdiction over the Project. 6.1.6 Accounting System. D/B shall provide a master accounting system and matrix on Microsoft Excel that will be updated, expanded, and provided to the City monthly as the Project develops. 6.1.7 Project Management Plan. DB shall develop and implement a Project Management Plan and Procedures including: 6.1.7.1 Project status reports. 6.1.7.2 Coordination interface with the City and its other consultants/contractors 10 5-15 6.1.7.3 Initial Design kickoff meeting to be held no later than five Date of Agreement. 6.1.7.4 Bi-weekly (twice a month) Design and Construction meetings 6.1.7.5 Interface and communications with other agencies 6.1.7.6 Vendors and subcontractors management 6.1.7.7 Document control 6.1.7.8 Schedule and budget control 6.1.7.9 Quality assurance and quality control.D/B shall establish and maintain a quality control program with appropriate reviews and independent testing procedures to ensure compliance with the Construction Documents during the construction phase. 6.1.7.1 OScheduling and cost control reports, which shall be provided monthly throughout the design phase 6.1.8 Construction Drawings and Specifications. DB shall prepare construction drawings and specifications suitable for obtaining City-approved permits and to allow construction. 6.1.9 -City Approval. D/B shall submit Construction Documents and obtain City approval in writing of the Construction Documents at fifty percent (50%), seventy percent (70%), and ninety percent (90%)completion. 6.1.9.1 Condition Precedent. City approval of the Construction Documents is a condition precedent to authorization to proceed with subsequent work on the Project. 6.1.9.2 Notification, Modification, and Resubmittal. At 50%, 70% and 90% Completion, City will notify DB in writing within the timeframes established in the Project Schedule following receipt of Construction Drawings of City approval, or of request for modifications. If modifications are requested, DB shall modify and resubmit Construction Drawings for City approval. 6.1.9.3 D/B Support. DB shall provide support to a City Constructability Review Team for the review of the Construction Documents at all stages of required submission. 6.1.10 Materials and Equipment Specifications. DB shall prepaze technical materials and equipment specifications for pre-purchase. 6.1.11 urveying and Testing. DB shall coordinate, perform, and complete all surveying, materials testing, and special testing for the Project at the Project site as required by this Agreement, the State Building Code; or any other law or regulation, in accordance with and considering the following: 6.1.11.1 Technical Guidelines. N/A 6.1.11.2 Existing Conditions. N/A 5-16 6.1.11.3 Utilities. N/A 6.1.11.4 Geotechnical Information. DB shall obtain all necessary geotechnical information required for the design and construction of the Project. The Project Engineering Geologist and/or Project Soils Engineer (qualified R.C.E, or R.G.E.) shall prepare a statement that will be included in the Bidding Documents, to address existing geotechnical conditions of the site that might affect construction. 6.1.11.5 Additional Surveys. N/A 6.1.11.6 No Reliance. DB shall not rely on City survey information as it is intended to be preliminary in nature and may not have sufficient accuracy or scope to support final design. 6.1.12 SWPPP. Where applicable, DB shall prepare and incorporate into the Construction Documents a Stormwater Pollution Prevention Plan ("SWPPP") to be implemented by the DB during Project construction. Where applicable, the SWPPP shall comply with both the California Regional Water Quality Control Board Statewide General Construction Storm Water permit and National Pollution Discharge Elimination System permit requirements and any municipal regulations adopted pursuant to the permits. 6.1.12 Alternatives. N/A 6.1.13 Permits. DB shall obtain general building permit and all ancillary permits and licenses, including but not limited to, demolition permits, improvement permits and grading permits City shall be responsible for all permit fees. 6.1.14 Updated Costs. DB shall provide updated construction cost estimates in conjunction with the submittals required in Section 6.1.9 to support constructability reviews. 6.1.15 Final Review and Approval of Plans and Specifications. DB shall deliver to City complete Construction Documents, including Construction Drawings, Plans and Specifications for the design and construction of the Project. City agrees to review the Construction Documents and provide City's written comments to DB within five (5) Business Days of the date such Construction Documents are delivered to City in accordance with the notice provisions in Article XXVIII. Approval shall not be unreasonably withheld. If requested by City, D/B shall make changes to the Construction Documents. 12 5-17 ARTICLE VII. PHASE III. -CONSTRUCTION PHASE WORK AND SERVICES 7.1 Phase III. Work and Services. The DB shall construct the Project in accordance with City- approvedplans and specifications prepared by the DB to meet or exceed all requirements of the City provided program, schematic design and the performance criteria. The DB shall: 7.1.1 Bidding. DB shall prepare and submit to the City for review separate bid packages, such bid packages shall be organized in the manner that DB determines is appropriate ensure the efficient and cost effective construction of the Project. 7.1.1.1 Competitive Bidding. N/A __ _ 7.1.1.2 Pre-Bid Conferences. DB shall schedule and conduct pre-bid conferences to answer questions posed by bidders. Said answers and any other information required to provide clarification to the Construction Documents during the bidding process shall be issued as written addenda and provided to all prospective bidders. 7.1.1.3 Scheduling. D/B shall coordinate scheduling of bid packages, submittals. 7.1.1.4 Bid Results. DB shall submit to the City a summary of bid results for each bid package. 7.1.1.5 Bid Protests. DB shall hear and decide bid protests and shall develop and maintain bid protest procedures for that purpose. City shall be timely informed of all bid protests (prior to resolution) and the outcome of said protests. 7.1.1.6 Equal Opportunity Contracting/Nondiscrimination. DB shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, age, or disability in the solicitation, selection, hiring or treatment of subcontractors, vendors, or suppliers. DB shall provide equal opportunity for subcontractors to participate in subcontracting opportunities. DB understands and agrees that violation of this Subsection shall be considered a material breach of this Agreement and may result in contract termination, debarment, or other sanctions. The language of this Subsection shall be inserted in contracts between DB and any subcontractors, vendors, or suppliers. 7.1.1.7 Executing Contracts. DB shall be responsible for entering into subcontracts, in DB's own name, with the bidder who in DB's discretion and professional opinion best meets the monetary, time, and performance requirement of the Project. DB shall be responsible for ensuring that these contracts fully comply with all applicable local, state and federal laws, some but not all of which are listed below. 7.1.1.8 Additive Alternatives. N/A 7.1.2 Meetings. DB shall conduct meetings identified below: 7.1.2.1 Pre-construction Meeting. DB shall conduct apre-construction meeting with its officers, agents and employees and City. The purpose of this 13 5-18 meeting is to discuss: (i) the Agreement conditions, (ii) Scope of Work clarifications, and (iii) City policies, inspection requirements, and procedures. 7.1.2.1.1 Attendance. DB shall ensure that the pre-construction meeting is attended by DB's construction contractor, project manager, all DB's major subcontractors, the City's designated Representative, and all other persons necessary as determined by DB or City. 7.1.2.2 Progress Meetings.. DB shall conduct bi-weekly progress meetings with the City and appropriate design and construction members. 7.1.2.3 Contractor Meetings. DB shall conduct contractor meetings, as necessary, to provide technical input. 7.1.2.3.1 DB shall provide interpretation of technical specifications and drawings. 7.1.2.4 Rescheduling. Progress Meetings maybe rescheduled if rescheduled meeting times are convenient for all necessary parties, and DB has given no less than five (5) Calendar Days prior written notice of the rescheduled meeting. 7.1.2.5 Minutes. DB shall take corresponding meeting minutes and distribute copies to all attendees. 7.1.2.6 Reporting. DB shall monitor and report to the City on actual performance compared to the Project Schedule, provide updated As-Builts, and verify that the latest changes to the Project, if any,. have been made. 7.1.3 Construction Management. During construction of the Project, DB .shall perform and be responsible for construction management, supervision, and administration services, including, but not limited to, tracking and reporting all expenses and all aspects of the construction and coordinating all construction means, methods, techniques, sequences and procedures to ensure the efficient and orderly sequence of the construction of the Project. 7.1.3.1 Resident Management. N/A 7.1.3.2 Records Management. DB shall implement and maintain an internal records management and document control system as required to support project operations. The DB shall provide records management and document control information in a manner consistent with the City's reporting system. 7.1.3.3 Cash Flow. DB shall develop aproject-specific Plan for defining, tracking and reporting cash flow activity requirements and submit such plan to the City for review and approval prior to implementation. 7.1.3.4 Reporting. DB shall keep City informed of the progress and quality of the design and construction of the Project. 7.1.3.5 Documents On-Site. DB shall maintain a complete and up-to-date set of Construction Documents in the Projects field office at all times during 14 5-19 construction that reflect all changes and modifications. 7.1.3 Site Safety, Security, and Compliance. DB shall be responsible for site safety, security, and compliance with all related laws and regulations. 7.1.3.1 Persons. DB shall be fully responsible for the safety and security of its officers, agents, and employees, City's officers, agents, and employees, and third parties authorized by DB to access the Project site. 7.1.3.2 Environmental. DB shall administer and enforce the Environmental Mitigation Monitoring and Reporting Plan for the Project, if any. In addition, DB shall report environmental issues to the City in a manner consistent with the City's reporting-system. DB shall be responsible for the environmental consequences of the Project construction and shall comply with all related laws and regulations, including the Clean Air Act of 1970, the Clean Water Act, Executive Order number 11738, and the Stormwater Management and Discharge Control Ordinance No. 0-17988 and any and all Best Management Practice guidelines and pollution elimination requirements as may be established by the Enforcement Official. 7.1.3.3 Risk of Loss. D/B is responsible for the Project, project site, materials, equipment, and all other incidentals until the Project has been Accepted by the City and shall bear any costs or expenses associated with the loss thereof or damage thereto, including by theft, fire, or other casualties.. If a site is constructed over a period exceeding one year, there may be additional builders risk insurance for that site. 7.1.4 Public Right-of--Way. N/A 7.1.4.1 Materials Testing. N/A 7.1.4.2 Surveying. NA 7.1.4.3 Follow all Laws, Rules, and Regulations. DB agrees to follow all City standards and regulations while working in the Public right of way, including but not limited to, utilizing proper traffic control and obtaining necessary permits. 7.1.5 Traff c Control. DB shall address all traffic control requirements for the Project including, if necessary, separate traffic control plans and/or notes. 7.1.6 Abatement. DB shall develop a mutually agreed upon program to abate and minimize noise, dust, and disruption to access for parking and services at all times for adjacent business entities and residences. 7.1.7 Inspections. DB shall coordinate any and all required inspections, including special inspections; in such a manner that the progress of construction is not affected or impacted. The DB shall provide surveying, and other contracted services as required to complete project construction inspection and testing tasks. The City will provide inspection, special inspection, re-inspection services, and periodic building inspections. 15 5-20 7.1.8 Permits. The Parties acknowledge that the construction work to be performed on the Project by DB in compliance with this Agreement is subject to the prior issuance of building, land development, and/or public improvement permits paid for by the City and obtained by DB. In the event that City, or any other governmental agency, unreasonably refuses to issue the permit(s) necessary to authorize the work to be performed or if the permit(s) are unreasonably canceled or suspended, then DB is relieved from its obligation to construct those improvements covered by the denial of said permit(s). City shall, under such circumstances, pay DB the reasonable costs, not to exceed the amounts identified in this Agreement, for all work completed up to the date of denial of said permit(s). All plans, specifications and improvements completed to the date of the denial, suspension or cancellation of said permit(s) shall become the property of City upon DB's receipt of payment in full as described above. 7.1.9 Maintenance. DB shall ensure Project is maintained in a clean, neat, sanitary and safe condition free from accumulation of waste materials or rubbish. Prior to Final Completion, DB shall cause to be removed from and about the Project all tools, construction equipment, machinery, surplus materials, waste materials and rubbish and deliver the site to the City in a clean, neat, sanitary and safe condition. 7.1.9.1 Waste Removal. Please be advised that Chula Vista Municipal Code 8.24.070 provides for an exclusive franchise for the removal and conveyance of all solid waste for hire (including recyclables) within City limits. The exclusive franchise agreement covers any hauling activity that requires the generator or their agent to pay a fee for any service connected with removing or conveying waste. The City's franchise hauler is Allied (formerly Pacific) Waste Services and may be reached at (619) 421-9400. 7.1.10 Request for Information ("RFI"). Parties acknowledge that the RFI process is solely for correspondence between DB and its agents; However, DB shall submit copies of each RFI to City at the within twenty-four (24) hours of receipt. DB shall issue responses to RFIs. Unless DB specifically requests a City response, City will not respond to RFIs. 7.1.11 Review and Approval. DB shall provide timely review and approve shop drawings, samples of construction materials, product data, schedule submittals, and other submittals for compliance with the Construction Documents. DB shall keep the City advised of all such matters being reviewed and approved by DB and forward copies of such documents to City for review. 7.1.12 Royalties and Other Fees. DB shall pay royalties and license fees, if applicable. DB shall defend suits or claims for infringement of patent rights and shall defend and hold City and City's agents harmless from loss on account thereof. 7.1.13 Provide City with a Detailed Construction Schedule (DCS) on a disc (CD) within fifteen (15) working days after receiving Notice to Proceed with Phase IV, provide updated versions of DCS on a monthly basis, and provide immediate 16 5-21 notice of any impact on critical path items. ARTICLE VIII. SUBCONTRACTING 8.1 Subcontracting. 8.1.1 Design Services. D/B shall perform or obtain the prior written consent of the City to subcontract all design services for the Project utilizing qualified, licensed and sufficiently experienced architects, engineers and other professionals (herein jointly "Design Consultants") as identified in Exhibit "C" D/B shall not be permitted to substitute any Design Consultant unless authorized by City. 8.1.2 Construction Services. DB shall perform all construction on the Project utilizing subcontractors procured through a competitive bidding process or its own qualified electrical work forces appropriately licensed by the California Contractors State License Board or other required agency. ARTICLE IX. PROJECT SCHEDULE 9.1 Proiect Schedule. DB shall perform and complete the Services and Work under this Agreement according to the timeframes set forth in the Project Schedule. Said Project Schedule shall be prepared at 90% construction documents and submitted to the City with the GMP. Within 15 working days of receiving a written Notification To Proceed from the City, the DBT shall submit a revised Project Schedule in such a manner that the GNIP or Contract Time of the Project shall not be exceeded and that is consistent with the Standard of Care identified in Section 4.1. 9.1.1 Project Schedule. See above. 9.1.2 D/B's Obligation. Subsequent to the effective date of this Agreement, DB shall provide, coordinate, revise, and maintain the Project Schedule for all phases of the Project. 9.1.2.1 During the Project initiation and design phases, the D/B shall submit an updated Project Schedule monthly to the City for approval. 9.1.2.2 During Construction, DB shall submit an updated Project Schedule monthly to the City and shall include: 9.1.2.2.1 Forecast Data with the intended plan for the remainder of the contract duration. 9.1.2.2.2 Actual Data with indications of when and how much Work and/or Services was performed (% complete). 9.1.2.2.3 Logic changes or other changes required to maintain the Project Schedule. 9.1.3 Detail and Format. The Project Schedule shall be substantially similar in detail and form to Exhibit "A", or it shall be in the form subsequently agreed to by the Parties. 17 5-22 9.1.4 Submittal. Project Schedule shall be submitted to City on a computer disk in a version of Microsoft Project. 9.2 Project Completion. DB acknowledges that all work on the Project under this Agreement will be complete and ready for its intended use by the Project Completion Date as stated in the Project Schedule. 9.3 Changes in Project Schedule. Changes in Project Schedule, whether to logic, definition, or relationship must be approved by the City in writing as a Change Order pursuant to the manner identified in Article XII. ARTICLE X. DELAY IN PERFORMANCE 10.1 Time of Essence. Time is of the essence for this Agreement and each provision of this Agreement, including the Project Schedule, Start Date, and Project Completion Date contained herein, unless otherwise specified in this Agreement. D/B shall perform all Services and Work as expeditiously as is consistent with standard of care identified in Section 4.1. 10.2 Notification of Delay. If the D/B anticipates or has reason to believe that the performance of Services and/or Work under this Agreement will be delayed, the DB shall immediately notify the City. A written notice of the delay must be delivered to the City within five (5) Calendar Days of the initial notification, unless the City allows an additional period of time to ascertain more accurate data in support of the request. The written notice shall include an explanation of the cause of the delay, a reasonable estimate of the length of the delay, and all supporting data. The DB shall include a written statement that the time adjustment requested is the entire time adjustment to which DB has reason to believe it is entitled as a result of the cause of the delay. An increase in time for completion does not necessarily mean that DB is entitled to an increase in GMP. If in the opinion of the City, the delay affects a material part of the Project, the City may exercise its rights under Article XXVI of this Agreement or any other remedy available in law or equity. 10.3 Dela . If delays in the performance of Services or Work required under this Agreement aze caused by unforeseen events beyond the control of the Parties, such delay may entitle the D/B to a reasonable extension of time or to additional compensation. Any such extension of time must be approved in writing by the City. The following conditions may justify such a delay: waz; changes in law or government regulation; labor disputes; strikes; fires, floods, adverse weather or other similar condition of the elements necessitating cessation of the DB's work; inability to obtain materials, equipment, or labor; required additional Professional Services; or other specific reasons agreed to between the City and the DB; provided, however, that: (i) this provision shall not apply to, and the DB shall not be entitled to an extension of time, additional costs, or expenses for, a delay caused by the acts or omissions of the DB, its consultants, contractors, employees, or other agents; and (ii) a delay caused by the inability to obtain materials, equipment, or labor shall not entitle the DB to an extension of time unless the DB furnishes the City, in a timely manner, documentary proof satisfactory to City of the DB's inability to obtain materials, equipment, or labor. 18 5-23 10.3.1 Caused by City. If DB reasonably believes that any action, inaction, decision or direction by City or agent for the City will likely result in the GMP or Contract Time being exceeded or the Project being completed late, DB will notify City at Project Team meeting and in writing within five (5) calendar days of discovering such action, inaction, decision, or direction. Included in such notice will be an estimate of the cost and time impact resulting from such action, inaction, decision or direction. DB shall provide complete and accurate pricing within ten (10) calendar days of said discovery. 10.4 Costs of Delay/Liguidated Damages. City and DB recognize that time is of the essence in this Agreement and that City will suffer financial loss if the Project is not completed by the Substantial Completion Date identified in the Project Schedule or any extensions subsequently approved. As the exact amount of financial loss cannot be accurately forecasted, the Parties have used their best efforts to establish an estimate of such loss. In doing so, the Parties have examined all of the circumstances and factors associated with a delay and have determined an amount that is fair and reasonable as liquidated damages. City and DB agree that DB shall pay as liquidated damages (but not as a penalty) for each calendar day of delay beyond the time specified for Substantial Completion of the Project, the following amounts which DB expressly agrees are "not unreasonable under the circumstances" as defined in California Civil Code § 1671(b): $100 for each calendar day. Liquidated Damages shall not be assessed after the date on which Substantial Completion is achieved. In lieu of paying damages to the City, the Parties agree that City may choose to reduce the GMP by the amount of the liquidated damages. ARTICLE XI. PROJECT COSTS 11.1 Estimated Cost. The Estimated Cost of all Projects, $3,226,402.00- based on Maximum Price for pending approved projects. The City's obligation under this Agreement shall not exceed the Estimated Cost for design work; however, once a GMP is determined and approved, the GMP shall become the not to exceed amount of the City's obligation. GMP is subject to change pursuant to methods established in this Agreement. 11.1.1 Cost Schedule. The EMP has been allocated among each activity or portion of the Project ("Itemized Cost(s)"). The Itemized Costs are included in Exhibit "A", attached. The cost incurred by the DB for a specific activity or portion of the Project shall not exceed the associated Itemized Cost. 11.2 GMP. At 90% complete construction documents, DB shall establish a GMP and submit such GMP to the City for approval. 11.2.1 Not to Exceed Amount. The GMP shall not exceed $3,226,402.00. Any costs incurred by DB in excess of said GMP shall be the sole responsibility of the DB, unless the City pursuant to Article XII of this Agreement approves a Change Order. 11.2.1.1 Included Costs. In calculating the GMP, DB shall include costs of the following: 11.2.1.1.1 All Design Consultants, including but not limited to 19 5-24 architectural, structural, civil, mechanical, electrical, communications, graphics and art consultants, landscape architects, and acoustical, audio visual, lighting, and security consultants. 11.2.1.1.2 Estimating, value engineering and construction management. 11.2.1.1.3 Construction supervision and project management personnel, including but not limited to superintendents, Project managers, Project secretaries, Project engineers, Project accountants, and all other DB personnel wherever located. 1 i .2.1.1.4 All on-site and off-site-equipment, supplies and facilities, including but not limited to, computers, estimating, dictating, communication and accounting equipment, office space, trailers, field equipment and storage facilities. 11.2.1.1.4.1 Option to Purchase. In no case shall the cumulative monthly rental charges to the Project for equipment and Small Tools used by the DB exceed 90% of the fair market value of any one piece of equipment or Small Tools. At City's option, the full price for equipment or Small Tools may be paid, and City may take possession upon completion of the Work. 11.2.1.1.5 All Hazd Construction Costs See Exhibit " A" 11.2.1.1.6 DB Contingency Fund, which shall not exceed 5% of Hard Construction Costs ($ 147,417.00). 11.2.1.1.7 Reimbursable Costs. Example: Utility Permit & fees. 11.2.1.1.8 DB Fixed Fee for the complete design arid construction of the entire Project as specified in the 90% CD's. 11.2.1.1.9 No more than $88,450.00 for General Conditions. 11.2.1.1.9.1 General Conditions. General Conditions shall be estimated and established as part of the GNIP at 90% design completion. N/A 11.2.1.1.10 All home-office and field overhead costs of any type including document control and retention; 11.2.1.1.11 All business license costs; 11.2.1.1.12 All profit DB intends to earn under this Agreement. 11.2.1.1.13 All direct and incidental costs incurred by D/B, except for those specifically identified under the General Conditions section. 11.2.1.1.14 Other. N/A 11.2.1.2 Full Compensation. Unless otherwise expressly provided in this 20 5-25 Agreement, GMP shall be the maximum amount of compensation to due to DB for all permitted costs of any type incurred by DB in performing all services and obligations under this Agreement. 11.2.2 Itemization. DB shall provide City with an itemization of the GMP that reconciles the GMP with the itemized costs. The itemization shall include the following: 11.2.2.1 DB Fixed Fees. The fees charged by the contractor for staff, equipment, office space and overhead during the term of the project. 11.2.2.2 Hard Construction Costs. Hard Construction Costs broken down into categories for each of the major trades for the Project, which will include labor, material expenses, equipment costs, and a reasonable DB Contingency Fund. 11.2.2.3 Bonds, Permits, and Insurance 11.2.3 Alternate Bid Items. DB shall prepare, with the cooperation of the City, alternate bid items to assure that the cost of the Project will not exceed the GMP. 11.2.4 Adjustments to GMP Based on Approved Change Orders. GMP may be changed, increased or decreased, based on Change Orders approved pursuant to Article XII. 11.2.5 Adjustments Based on Other Cost Increases. GMP may be increased due to: (i) acts of God, acts of any governmental authority, the elements, waz, litigation, shortages of material, labor strikes, inflation, later commonly accepted or adopted higher standards and specifications of construction, concealed or unknown conditions encountered in the completion of the Project, or other cause beyond DB's control, (ii) actual bids received being greater than estimated, or (iii) other factors not the result of unreasonable conduct by DB. The GMP may be increased by the amount of such increases; however, if GMP as proposed to be increased shall exceed the Estimated Costs, such change to GMP shall be subject to approval by City Council 11.3 Duty to Advance Costs. DB shall advance all costs for Project subject to Reimbursement in the manner described in Article XV. 11.4 Use of Project Contingency. Project Contingency shall not be used without prior, written City approval and shall not be used for: (i) work required due to DB's, its officers', agents' or employees' failure to perform Work or Services according to the terms of this Agreement, in compliance with the Construction Documents, and/or Law; or (ii) uninsured losses resulting from the negligence of DB, its officers, agents, or employees. 11.5 Notification of Increased Costs. If, at any time, the DB anticipates that the amount expended on the Project will exceed the Estimated Cost or the GMP, when established, the DB shall immediately, not more than ten (10) Working Days from becoming aware of the potential increase, notify the City in writing. This written notification shall include an itemized cost estimate and a list of recommended revisions that the DB believes will bring the Project cost to within the Estimated Cost or GMP. Following the delivery of the Notice, DB shall assist the City in reviewing the itemized cost breakdown and adjusting 21 5-26 the Scope of Work and establishing a revised Project, the cost of which will not exceed the Estimated Cost or GNIP, once establish. 11.5.1 City Action. Following consultation with the DB, the City may choose to: (i) approve an increase in the amount authorized for the Project; (ii) delineate a project, which may be constructed for the budget amount; (iii) any combination of (i) and (ii); or terminate the Project subject to the termination provisions in Article XXVI. 11.6 Submittals. Prior to the bidding process, DB shall submit for City approval a list of products intended for use in the Project. Upon DB's. completion of plans and specifications, City will review and approve products specified therein. DB shall provide City a copy of each submittal for City approval throughout the duration of construction within twenty (20) Calendar Days of DB's receipt of submittal. Approval is general approval only and in no way relieves DB of its sole responsibilities under this Agreement or any and all laws, codes, permits or regulations. ARTICLE XII. CHANGE ORDERS 12.1 When Required. Change Orders shall be required in the following instances: 12.1.1 GMP. Any adjustment in GNIP. 12.1.2 Contract Time. Any adjustment in Contract Time of Completion Date. 12.1.3 Use of Contingency Fund. At any time D/B seeks to use the Contingency Fund, irrespective of impact on the GMP or Contract Time. 12.1.4 City Requests. The City directs DB to perform Additional Services. 12.1.5 Other. Any other instance for which this Agreement expresses that a Change Order shall be used. 12.2 Process for Approval of Change Orders. Within five (5) Calendar Days of any event that gives rise to the need for a Change Order, the DB shall provide the City with written notice of the need for the same. The Change Order must indicate whether the change will affect, in any way, by increasing or decreasing, the GMP, Project Schedule, or project quality established during the design and submittal review process. In addition, it shall be accompanied by a detailed and complete estimate of cost impact associated with the Change Order, including all appropriate direct and indirect costs and credits. All such costs and credits shall be accurately categorized into DB Fixed Fee, Reimbursable Costs or Hard Construction Costs. DB shall also provide City with a realistic estimate of the impact, if any, the Change Order will have on the Contract Time. . 12.2.1 Project Manager Approval. If the Change Order request does not result in an increase in the Estimated Cost, the City Representative shall either approve or reject the Change Order in writing within ten (10) Working Days of receiving DB's written notice, provided DB has submitted complete documentation 22 5-27 substantiating the need for such Change Order. If City fails to respond to DB's written notice within the ten (10) Working Days, the Change Order request shall be deemed approved. 12.2.2 City Council Approval. For Change Orders not subject to section 12.2.1, City Council approval is required. The City .Council may either approve, reject, or approve in part such Change Orders. Council Approval shall not be subject to the ten (10) Working Day response time provided for in section 12.2.1. 12.3 Written Approval of Change Orders. DB shall not proceed on work requested under a Change Order, absent written approval from the appropriate authority. Any Services or Work, which require t he approval of a Change Order, perform by DB prior to approval shall not be reimbursed. 12.4 Failure to Agree on Cost of Change Order or Time. In the event there is any disagreement or dispute between the Parties as to whether the DB is entitled to a Change Order, the amount of the Change Order or any increase in Contract Time requested through the Change Order, the dispute shall be resolved by the Director of Public Services. If the determination of the Director of Public Works is challenged, such challenge shall be address in the manner identified in Section 29.17. DB shall not have the right to stop or delay in the prosecution of any services or work; including services or work that is the subject of the Change Order (if directed by.the City), pending the determination of the Director of Public Services or, if applicable, final resolution. Instead, D/B shall continue diligently prosecuting all such services and work. 12.5 Full Compensation. Payment to DB for Change Orders shall provide full compensation for all equipment, materials, labor, field and home office overhead, mark-ups, and profit necessary to complete the work. By executing a Change Order, the DB or DB's representative acknowledges that no additional compensation or claims for items of work listed in the Change Order will be allowed. 12.6 Errors and Omissions. DB shall not be reimbursed for any costs or expenses of a Change Order resulting from a design error or omission, DB's negligence, or the negligence of any of DB's agents or subagents. DB shall be reimbursed for any costs or expenses of a Change Order resulting from a design error or omission that is the direct result of a City request for such design or omission. The City reserves the right to seek reimbursements for any funds used due to errors or omissions of the Design Consultants, DB's negligence, or the negligence of any of DB's agents, or subcontractors. 12.7 City Refusal to Approve Change Order. DB shall not have the right to terminate this Agreement for the City's refusal to approve a Change Order pursuant to Sections 12.2.1 or and 12.2.3 ARTICLE XIII. EXTRA WORK 13.1 City Authority to Order Egtra Work. City may at any time prior to Project Completion order Extra Work on the Project. The sum of all Extra Work ordered shall not exceed five 23 5-28 percent (5%) of the Estimated Cost at the time of the Bid Award, without invalidating this Agreement and without notice to any surety. 13.1.1 Requests in meriting. All requests for Extra Work shall be in writing, shall be treated as, and are subject to the same requirements as Change Orders. DB shall not be responsible for failure to perform Extra Work, which was requested in a manner inconsistent with this section. 13.2 Bonds Required for Extra Work. DB's and its agents' bonds, required under Article XXXIII, shall cover any Extra Work provided that the Extra Work is paid for by the Project Budget 13.3 Reimbursement for Extra Work. Work performed by DB as Extra Work is reimbursable in the same manner described in Article XV. The Project contingency as described in Article X, will be used first to cover the costs of Extra Work. 13.4 Markuu. DB will be paid a reasonable allowance for overhead and profit for Extra Work. The allowance shall not exceed five percent (5%) of the approved costs for the Extra Work. ARTICLE X1V. CHANGED CONDITIONS 14.1 Changed Conditions. Changed Conditions shall be addressed as applicable under the Greenbook section 3-4; however, Parties acknowledge that even if Changed Conditions are found to be present, the Project shall not exceed the GMP without express City Council approval of an increase to the Project Budget. Absent such express approval of additional funds, DB shall provide City with value engineering and Parties will return Project to within the total Project cost. ARTICLE XV. PAYMENT TERMS 15.1 Payment 15.1.1 Funds for Payment. DB shall only be entitled to payment for Services and Work performed under this Agreement from the funds appropriated for the Project. 15.1.2 Maximum Payment. DB shall be entitled to payment in an amount not to exceed the GMP or subsequently approved increase in GNIP. DB is not entitled to payment for unapproved expenses, unapproved increases in costs, or other increases caused by DB negligence, omissions, or failure to seek approval for additional or increased costs. 15.1.3 Application for Payment. DB shall submit to City a certificate and application for payment on or before the 5 day of each calendar month ("Payment Application"). The Payment Application shall be based upon the percentage of completion of the Schedule of Values plus any Reimbursable Costs, less any payments previously made by the City, incurred or advanced for the Project for which DB was has not previously received payment. The Payment Application must include all relevant documents in accordance with Section 15.1.6. If the City 24 5-29 determines that all relevant documents have not been submitted, City shall request that DB provide additional documentation. DB shall provide additional documentation within ten (10) Working Days of request. City is not obligated to make payment to DB until City has received all relevant documentation to support Reimbursement Request. After all appropriate cost documentation has been received and City approves the Payment Application, City shall make payment to DB of all uncontested charges within sixty (60) Calendar Days of receipt of a complete Payment Application. 15.1.3.1 Withholding. From each payment, ten percent (10%) will be deducted and retained by the City, and the remainder will be paid in accordance with the terms and conditions of this Agreement. No payment made to DB or its sureties will constitute a waiver of any rights the City has under this Agreement. This section is not intended to limit any rights the City may have under the Performance or Payment Bond. In lieu of withholding retention under this Agreement, at the election of DB, City will deposit retention amounts into escrow and/or the substitution of securities for money as provided in California Public Contract Code Section 22300. 15.1.3.2 Payment of Withholding. The City will pay the DB for the amounts withheld forty-five (45) Calendar Days from recordation of the Notice of Completion, providing that no Stop Notices or Mechanic's Liens have been filed since the recordation of the Notice of Completion. 15.1.5.2.1 Where a Stop Notice or Mechanic's Lien has been filed following the recordation of the Notice of Completion, the amount in controversy shall continue to be withheld until a fully executed release of Stop Notice or Mechanic's Lien has been filed and a conformed copy delivered to the City. 15.1.3.3 Contested Charges. In the event City contests any charges contained in the Payment Application, the dispute shall be resolved in the manner identified in Section 21.6. DB shall not have the right to stop or delay in the prosecution or any Services of Work, pending the determination of the Director of Public Services or, if applicable, final resolution. Instead DB shall continue to diligently prosecute all Work and Services. During the time of the dispute, the City shall withhold the amount of the charge in question. 15.1.3.4 Cutoff for Submission of Reimbursement Requests. DB shall submit all Reimbursement Requests within six (6) months of the date on which Final Completion occurs and City accepts the Project. Any Reimbursement Request submitted after the Cutoff Date shall not be reviewed or included in Reimbursable Cost. . 15.1.4 Verification of Reimbursement Request. DB shall supply documentation to support the Reimbursement Request including, but not limited to, proof that all mechanic liens have been released, copies of invoices received and copies of cancelled checks, substitute checks, or image replacement documents showing 25 5-30 that payment has been made in connection with the Reimbursement Request in the following manner: 15.1.4.1 DB shall submit two (2) copies of a Reimbursement Request (cover letter, invoice, and documentation) to the City. 15.1.4.2 After review and approval, the City shall prepare a memorandum to the Financing Department that the invoice is appropriate to pay. The memorandum shall indicate any costs to be disallowed and the reason for the disallowance. 15.1.4.3 Prior to the approval of the Reimbursement Request, City has the right to verify whether or not the materials and work for which reimbursement is being requested have been installed and performed as represented in the Reimbursement Request. 15.1.5 Non-reimbursable Costs. Except to the extent that City expressly assumes the risk of loss under this Agreement, City shall exclude from the amounts payable to DB the fair value, as determined by City, of property that is destroyed, lost, stolen, or damaged rendering it undeliverable or unusable for City. In addition, DB is not entitled to reimbursement for any cost or expenditure that has not been approved by the City in the manner required by this Agreement or the City Charter and rules, regulations, or laws promulgated there-under. ARTICLE XVI. INSPECTION 16.1 Inspection Team. The Project shall be inspected by a team composed of, at a minimum, the following: i.) Representatives of the City, ii.) Representative from DB's Design Team, iii.) the Construction Manager, and iv. Representative, (iii) DB's Consultant(s), and (e) the DB's construction superintendent [Inspection Team] 16.2 Inspection Stages. The Project shall be inspected by the Inspection Team at minimum during the following stages: (i) when required by code, (ii.) as directed by the "Special Inspections" provision, (iii) bi-weekly. 16.3 Access. City, its consultants, subcontractors, independent testing laboratories as well as other governmental agencies with jurisdictional interests will have access at reasonable times with the project managers approval for this observation, inspecting and testing. DB shall provide them proper and safe conditions for such access and advise them of DB's safety procedures and programs so that they may comply. 16.4 Additional Inspections. City will make, or have made, such inspections and tests, as the City deems necessary to see that the Work is being accomplished in accordance with the requirements of the Construction. 16.5 Notice. DB shall give City timely notice of readiness of the Work for all required on and off-site inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. DB shall give at least 24 hours notice for on-site inspection and five (5) days notice for off-site inspection. 16.6 Costs of Inspection. Unless otherwise specified, the cost of inspection and testing will be 26 5-31 borne by the City. Any expenses associated with re-inspection shall be borne by DB. 16.7 Concealin6 Work. Prior to concealing work, DB shall obtain approval of work from the City and as required by all State Building Codes. City has the right to stop or suspend Work activities which will conceal or cover up DB Work product which is to be inspected or tested, or which will interfere with the inspection or testing activities, for a reasonable time and DB will have no right to additional cost or time it may incur as a result of the Work stoppage. 16.8 Defective Work. In the event such inspections or tests reveal non-compliance with the requirements of the Construction Documents or defective work, the provisions and process of Article XXI shall apply. .__. 16.9 Not a Waiver of Obligations. Neither observations by the City nor inspections, tests, or approvals by City or others shall relieve DB from DB's obligations to perform the Work in accordance with the Construction Documents. This approval is general approval only and in no way relieves DB of its sole responsibilities under this Agreement or any and all laws, codes, permits or regulations. XVII. PROJECT COMPLETION 17.1 Notice to City. When DB determines that the Project is complete, DB shall notify the City in writing of the Projects status within seven (7) Calendar Days of the DB's determination. The notice shall certify to City that the Project has been completed in accordance with the Construction Documents, all applicable building codes and regulations, all permits, licenses, and cerkificates of inspection, use and occupancy, and ordinances relating to the Project. 17.2 Walk-Through Inspection. A preliminary Walk-Through Inspection shall be conducted by City within ten (10) Working Days following DB's notice to City of completion ("Walk-Through Inspection"). The Walk-Through Inspection will be conducted by the Inspection Team identified in Article XVI, Section 16.1. 17.2.1 Punch List. A Punch List, if necessary, shall be prepared by City during the Walk- - Through Inspection. The Punch List shall be presented to DB by the RE within three (3) Working Days of the Walk-Through Inspection. DB shall correct the items listed on the Punch List within thirty (30) Calendar Days of receipt of the punch list and prior to the Final Inspection. 17.2.2 Failure to Identify Items. As to any items not included on the Punch List or later discovered, nothing in this section is intended to Iimit DB's obligations under this Agreement and City will maintain all remedies available under this Agreement and the law. 17.3 Equipment Demonstration. Prior to final inspection, DB shall demonstrate to City the operation of each system in the Project, and instruct City personnel in operation, adjustment and maintenance of equipment and systems, using the operation and maintenance data. 17.3.1 Startup. The DB shall supervise, manage, and coordinate all project startup and testing 27 5-32 activities for mechanical systems within the provisions of the project Contract Documents. 17.3.2 Reporting. The DB shall report progress of project startup and testing to the City in a manner consistent with the City's reporting system. 17.4 Final Inspection. Provided DB has corrected the Punch List items and notified the City of the correction ("Notice of Correction"), the Final Inspection for the Project shall be scheduled and conducted within ninety (90) Calendar Days of the Notice of Correction. 28 5-33 XVIII. PROJECT ACCEPTANCE AND FINAL COMPLETION 18:1 Acceptance. Upon approval by the Inspection Team during the Final Inspection that Project improvements are complete and that work required on the Punch List has been finished, City shall accept the Project ("Acceptance"). Upon Acceptance, DB shall do all of the following: 18.1.1 Notice of Completion. DB shall execute and file a Notice of Completion with the County Recorder of San Diego County and shall provide the RE with a conformed copy of the recorded Notice of Completion. 18.1.2 Lien and MateYial Releases. DB shall cause all contractors and subcontractors to provide lien and material releases as to the Project and provide copies of such lien and material releases to the City or, upon approval of City which shall not be unreasonably withheld, provide bonds in lieu of lien and material releases in a form reasonably acceptable to City for all such work. 18.2 Final Completion. Final Completion of the Project shall be deemed to occur on the last date of the following events: (i) recordation of the Notice of Completion with a conformed copy to City; (ii) submission of all documents required to be supplied by DB to City pursuant to this Agreement, including As-Built Drawings, warranties, and operating and maintenance manuals; or issuance of a final certificate of occupancy. 18.2.1 As-Builts. City will evaluate the submitted As-Builts for accuracy and completeness and may return comments. DB shall meet with City until all issues are resolved. Upon issue resolution, in accordance with disputed work procedures in Section 21.6, DB shall submit a mylar set and three (3) final blueline sets of As-Builts stamped by the architect/engineer of record as required by law. 18.3 No Waiver. DB's obligation to perform and complete the work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress payment or acceptance of work, nor any payment by City to DB under the Contract Documents, nor any use or occupancy of the Project or any part thereof by City, nor any act of acceptance by City, nor any failure to do act, nor any review of a shop drawing or sample submittal, will constitute an acceptance of work, which is not in accordance with the Contract Documents. ARTICLE XIX. PROJECT DELIVERABLES 19.1 Proiect Deliverables. Prior to Acceptance, DB shall deliver all of the following to the City in the format required: 19.1.1 As-Builts. DB shall provide As-Builts in 3 sets of paper and electronic format (pdf) or CAD files on CD disks. 19.1.1.1 As-Builts shall show by dimension accurate to within one (1) inch, the centerline of each run of conduits and circuits, piping, ducts, and other similar items as determined by City, both concealed and visible. DB shall clearly identify the item by accurate note such as "cast iron drain," 29 5-34 galvanized water, etc. DB shall clearly show, by symbol or note, the vertical location of the item ("under slab", "in ceiling", "exposed", etc.), and make all identification sufficiently descriptive that it may be related reliably to the specification. DB shall thoroughly coordinate all changes on the As-Builts making adequate and proper entries on each page of specifications and each sheet of drawings and other documents where entry is required to properly show the change. 19.1.1.2 DB shall include all of the following on the As-Builts: 19.1.1.2.1 Depth of foundation in relation to fmished first floor. 19.1.1.2.2 Horizontal and vertical locations of underground utilities and appurtenances, with references to permanent surface improvements. 19.1.1.2.3 Locations of internal utilities and appurtenances, with references to visible and accessible features of the structure. 19.1.1.2,4 Field changes of dimensions and details. 19.1.1.2.5 Changes authorized by approved proposal requests, construction Change Orders, discussion with City that resulted in any change/deviation from City's program, specifications, approved plans, equipment or materials. 19.1.1.2.6 Details not issued with original Construction Drawings, design/build plans deferred approvals, etc. 19.1.1.2.7 Upon completion of work, obtain signature of licensed surveyor or civil engineer on the Project record set verifying layout information. 19.1.1.2.8 Show locations of all utilities on-site with size, and type of pipe, if different than specified, and invert elevations of pipe at major grade and alignment changes. 19.1.1.2.9 The title "PROJECT RECORD" in 3/8" letters. 19.1.1.3 DB shall maintain a set of As-Builts at the Project site for reference. DB shall ensure that changes to the As-Builts are made within twenty- four (24) hours after obtaining information. Changes shall be made with erasable colored pencil (not ink or indelible pencil), shall clearly describe the change by note (note in ink,. colored pencil. or rubber stamp) and by graphic line, shall indicate the date of entry, shall circle the area or areas affected and, in the event of overlapping changes, use different colors for each change. 19.1.2 Operation and Maintenance Manuals. DB shall submit all Operation and 30 5-35 Maintenance manuals prepared in the following manner: 19.1.2.1 In triplicate, bound in 81/2 x 11 inch (216 x 279 mm) three-ring size binders with durable plastic covers prior to City's Final Inspection. 19.1.2.2 A separate volume for each system, including but not limited to, mechanical, electrical, plumbing, roofing, imgation, and any other system as determined by City, with a table of contents and index tabs in each volume as follows: 19.1.11.2.1 Part 1: Directory, listing names, addresses, and telephone numbers of DB's subcontractors, agents, suppliers, manufacturers, and installers. 19.1.11.2.2 Part 2: Operation and Maintenance Instructions; arranged by specification division or system. For each specification division or system, provide names, addresses and telephone numbers of DB's agents, suppliers, manufacturers, and installers. In addition, list the following: (i) appropriate design criteria; (ii) list of equipment; (iii) parts list; (iv) operating instructions;(v) maintenance instructions, equipment; (vi) maintenance instructions, fmishes; (vii) shop drawings and product data; and (viii) warranties. 19.2 Ownershiy of Proiect Deliverables. Upon Final Completion or Termination, Project Deliverables shall become the property of the City. DB and City mutually agree that the Contract documents for the Project shall not be used on any other work without the consent of each Party. Assemble and deliver to City upon Final Completion all records, documents, warranties, bonds, guarantees, maintenance/ service contracts, and maintenance and operating manuals ARTICLE XX. WA,RR.ANTIES 20.1 Warranties Required. DB shall provide and require its agents to provide the warranties listed below. This warranty requirement is not intended to exclude, and shall not exclude, other implicit or explicit warranties or guarantees required or implied by law. 20.1.1 Materials and Workmanship. DB shall guarantee, and shall require its agents to guarantee, all work on the Project against defective workmanship and materials furnished by DB for a period of two (2)years from the date of Project's Final Completion. DB shall replace or repair any such defective work in a manner satisfactory to City, after notice to do so from City, and within the time specified in the notice. 20.1.2 New Materials and Equipment. DB shall warrant and guarantee, and shall require its agents to warrant and guarantee, to City that all materials and equipment incorporated into the Project are new unless otherwise specified. 20.1.3 Design, Construction, and Other Defects. D/B shall warrant and guarantee, and 31 5-36 shall require its agents to warrant and guarantee to City that all work is in accordance with the Plans and Specifications and is not defective in any way in design, construction or otherwise. 20.2 Form and Content. Except manufacturer's standard printed warranties, all warranties shall be on DB's and DB's agent's, material supplier's,_installer's or manufacturer's own letterhead, addressed to City. All warranties shall be submitted in the format specified in this section, modified as approved by City to suit the conditions pertaining to the warranty. 20.2.1 Durable Binder. Obtain warranties, executed in triplicate by DB, DB's agents, installers, and manufacturers. Provide Table of Contents and assemble in binder with durable plastic cover. 20.2.2 Table of Contents. All warranties shall be listed and typewritten in the sequence of the Table of Contents of the Project manual, with each item identified with the number and title of the specification section in which specified, and the name of product or work item. 20.2.3 Index Tabs. Separate each warranty with index tab sheets keyed to the Table of Contents listing. 20.2.4 Detail. Provide full information, using separate typewritten sheets, as necessary. List D/B's agents, installer, and manufacturer, with name, address and telephone number of responsible principal. 20.2.5 Warranty Start Date. Except for items put into use with DB's permission with date mutually agreed upon in writing, leave date of beginning of time of warranty open until the date of Final Completion. 20.2.6 Signature and Notarization. All warranties shall be signed and notarized. Signatures shall be required from DB's construction contractor and where appropriate, the responsible subcontractor. 20.3 Term of Warranties. Unless otherwise specified or provided by law, warranties shall extend for a term of one (1) year from the date of Final Completion. 20.3.1 Plants, Trees, and Shrubs. N/A 20.4 Meetings. During the two (2) year warranty period described in Section 20.3, DB shall meet, and shall require its design Consultant, construction contractor, and key subcontractors to meet, with the City representatives, on a monthly basis, if requested by City. This meeting shall be held to discuss and resolve any problems that City discovers in design, construction, or furnishing, fixtures, and equipment of the Project during the two (2) year warranty period. 20.5 Warranty Inspection. At 180. and 360 days following Final Completion, during the one- year general building warranty period, DB shall inspect each component of the Project, identify items requiring repair, and oversee and complete such repairs. Findings of such inspections shall be reported to the City. 32 5-37 ARTICLE XXI. DEFECTIVE WORK 21.1 Correction, Removal, or Replacement. If within the designated warranty period, or such additional period as maybe required by law or regulation, the Project is discovered to contain Defective Work, the D/B shall promptly and in accordance with the City's written instructions and within the reasonable time limits stated therein, either correct the Defective Work; or if it has been rejected by City, remove it from the site and replace it with non-defective and conforming work. 21.2 City's Right to Correct. If circumstances warrant, including but not limited to an emergency or DB's failure to adhere to section 21..1, City may correct, remove, or replace the Defective Work. In such circumstances, DB shall not recover costs associated with the Defective Work and shall reimburse the City for all City's costs, whether direct or indirect, associated with the correction or removal and replacement. 21.3 Non-Reimbursable Costs. All costs incurred by D/B or DB's agents to remedy defects are non-reimbursable costs. If the City has already reimbursed the DB for the defective work, City is entitled to an appropriate decrease in Reimbursable Costs, to withhold a setoff against the amount, or to make a claim against DB's bond if D/B has been paid in full. 21.4 Extension of Warranty. N/A. 21.5 No Limitation on other Remedies. Exercise of the remedies for defects pursuant to this Article shall not limit the remedies City may pursue under this Agreement or law. 21.6 Disputes. If DB and City are unable to reach agreement on disputed work, City may direct DB to proceed with the work and compensate DB for undisputed amounts. Payment of disputed amounts shall be as later determined by the Director of Public Services. If this decision is contested, the claims procedure in 29.17 shall be followed. DB shall maintain and keep all records relating to disputed work for a period of three (3)years in accordance with Article XXVII. ARTICLE XXII. MAINTENANCE OF LANDSCAPING & IRRIGATION WORK 22.1 Maintenance Period. N/A 22.2 Maintenance Area. N/A 22.3 Maintenance Required. N/A 22.4 Landscape and Irrigation Inspection. N/A 22.5 Extension of Maintenance Period. N/A 22.6 Replacement. N/A 22.6.1 Same Sind and Size. N/A 33 5-38 ARTICLE XXII. PRODUCTS 22.7 ~ Submittals. Prior to the bidding process, DB shall submit for City approval a list of products intended for use in the Project. Upon DB's completion of plans and specifications, City will review and approve products specified therein. DB shall provide City a copy of each submittal for City approval throughout the duration of construction within twenty (20) Calendar Days of DB's receipt of submittal. Approval is general approval only and in no way relieves DB of its sole responsibilities under this Agreement or any and all laws, codes, permits or regulations. 22.8 Substitutions. DB shall submit all requests for product substitutions to City in writing within thirty (30) Calendar Days after the date of award of the construction contract. After expiration of the thirty (30) Calendar Days, City will allow substitution only when a product becomes unavailable due to no fault of DB's contractor. City shall review substitution requests within thirty (30) Calendar Days of submission of such requests. DB agrees that City requires Consultant's input and as such DB shall coordinate a five (5) Working Day review by its Consultant. 22.8.1 Substantiate Request. DB shall include with each substitution request complete data substantiating that the proposed substitution conforms to requirements of the Contract Documents. 22.8.2 D/B Representations. By submitting a substitution request, DB is representing to City all of the following: (i) DB has investigated proposed product and determined that in all respect the proposed product meets or exceeds the specified product; (ii) DB is providing the same warranty for the proposed product as was available for the specified product; (iii) DB shall coordinate installation and make any other necessary modifications which may be required for work to be complete in all respects; and (iv) DB shall waive any claims for additional costs related to the substituted product, unless the specified product is not commercially available. 22.8.3 Separate Written Request. City will not consider either substitutions that aze implied in the product data submittal without a separate written request or substitutions that will require substantial revision of construction contract documents. 22.9 Samples 22.9.1 Postage. Sample shall be sent to DB's office carriage prepaid or hand delivered. 22.9.2 Review. DB shall furnish to City for review, prior to purchasing, fabricating, applying or installing, (2) two samples (other than field samples) of each required material with the required finish. 22.9.2.1 Where applicable, all samples shall be 8" x 10" in size and shall be limited in thickness to a minimum consistent with sample analysis. In lieu thereof, the actual full-size item shall be submitted. 22.9.2.2 DB shall assign a submittal number. DB shall include with each submission a list of all samples sent, a statement as to the usage of each 34 5-39 sample and its location in the Project, the name of the manufacturer, trade name, style, model, and any other necessary identifying information. 22.9.2.3 All materials, finishes, and workmanship in the complete building shall be equal in every respect to that of the reviewed sample. 22.9.2.4 City will return one submitted sample upon completion of City review. 22.9.2.5 DB's, or DB's agent's, field samples shall be prepared at the site. Affected finish work shall not commence until D/B or its agents have been given a written review of the field samples. 22.9.3 Not a Release of Liability. City's review of samples in on way relieves DB of D/B's responsibility for construction of Project in full compliance with all Contract Documents. 22.10 Observe Testing. When appropriate, DB shall witness testing and review materials and equipment testing results and provide comments regarding conformance with specification requirements. ARTICLE XXIII. BONDS 23.1 Payment Bond. DB shall provide or require its Construction Contractor to provide City with a Payment (material and labor) Bond in favor of City for one hundred percent (100%) of the Hard Construction Costs. 23.2 Performance Bond. DB shall provide or require its Construction Contractor to provide City with a Faithful Performance Bond in favor of the City for one hundred percent (100%) of the GMP. 23.3 Term. The Payment Bond shall remain in full force and effect at least until the Project is accepted by the City and all claims for materials and labor are paid, for a minimum of forty- .five (45) Calendar Days after the filing of the Notice of Completion, except as otherwise provided by law or regulation. The Performance Bond shall remain in full force for thirty (30) Calendar Days following the filing date of the Notice of Completion and Acceptance, at which time it will convert to a ten percent (10%) warranty bond, which shall remain in place until the end of all warranty periods set forth in this Agreement. 23.4 Certificate of Agency. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 23.5 Licensing and Rating. The bonds shall be duly executed by responsible surety companies admitted to do business in the State of California, licensed or authorized in the jurisdiction in which the project is located to issue bonds for the limits required by this agreement, listed as approved by the United States Department of Treasury Circular 570, and whose underwriting limitation is sufficient to issue bonds in the amount required by this agreement and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations, secured through an authorized agent with an office in California, and have a minimum AM Best rating of "A-". 35 5-40 23.6 Form. All bonds shall be in the form prescribed by City Attorney. 23.7 Insolvency or Bankruptcy. If the surety on any bond furnished by the Construction Contractor is declared bankrupt or becomes .insolvent or its right to do business is terminated in any state where any part of the Project is located, DB shall within seven (7) Calendar Days thereafter substitute or require the substitution of another bond and surety, acceptable to the City. ARTICLE XXI. INDEMNITY & DUTY TO DEFEND 24.1 Indemnity Defense and Hold Harmless -General Requirement. Except for liability for Professional Services covered under Section 24.2, DB shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of DB, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Defined Services or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the negligence or willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which maybe in combination with the active or passive negligent acts or omissions of the DB, its employees, agents or officers, or any third parry. 24.2 Professional Services. For those professionals who are required to be licensed by the state (e.g. architects, landscape architects, surveyors and engineers) ("Design Professionals"), Design Professionals shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or omissions recklessness, or willful misconduct of Design Professional, its officials, officers, employees, agents, DBs, and contractors arising out of or in connection with the performance of the Design Professional's Services. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Design Professional, its employees, agents or officers, or any third parry. The Design Professional's duty to indemnify, protect and hold harmless shall not include. any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Design Professional's obligation and duties under this Agreement. 24.3 Indemnification for Liens and Stop Notices. The DB shall keep the Project and Property free of any mechanic's liens and immediately secure the release of any stop 36 5-41 notices. The DB shall defend, indemnify, protect, and hold harmless, the City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorney fees, arising from or attributable to a failure to pay claimants. DB shall be responsible for payment of all persons entitled to assert liens and stop notices. 24.4 Indemnification for Hazardous Materials. DB agrees to defend, indemnify, and hold harmless, the City, its agents, officers and employees from and against any and all costs, damages, claims, and liabilities, including reasonable attorney fees, foreseeable or unforeseeable, directly or indirectly, arising from or related to the Hazardous Materials identified in the Phase I or Phase II Reports, if any, conducted pursuant to Article V. DB-s indemnity shall survive the close of escrow. Seller expressly preserves its rights against other parties and does not release, or waive its rights to contribution against, any other parry. NA 24.5 -Costs of Defense and Awazd. Included in the obligations in Sections 24.1 through 24.4, above, is the DB-s obligation to defend, at DB-s own cost, expense and risk, any and all aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its directors, officials, officers, employees, agents and/or volunteers. DB shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expense and cost incurred by each of them in connection therewith. 24.6 •Insurance Proceeds. DB's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, and/or volunteers. N/A 24.5.1 Cost of Defense and Award. Included in the obligations in Sections 24.1 through 24.4 above, is the D/B's obligation to defend, at DB's own cost, expense and risk, any and all aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its directors, officials, officers, employees, agents and/or volunteers. DB shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expense and cost incurred by each of them in connection therewith. 24.5.2 Insurance Proceeds. DB's obligation to indemnify shall not be restricted to insurance proceeds if any, received by the City, its directors, officials, officers, employees, agents, and/or volunteers. 24.7 Enforcement Costs. DB agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in this Article X~V. N/A 24.8 Survival. Consultant's obligations under this Article XXIV shall survive the termination of this Agreement. ARTICLE XXV. INSURANCE =- 25.1 General. DB shall not begin work under this Agreement until it has: (i) obtained, and upon the City's request provided to the City, insurance certificates reflecting evidence of all insurance required in section 25.2; (ii)obtained City approval of each company or companies; and (iii) confirmed that all policies contain the specific provisions required by 37 5-42 section 25.4. 25.2 Types of Insurance. At all times during the term of this Agreement, DB shall maintain insurance coverage as follows: 25.2.1 Commercial General Liability. Contractor shall provide at its expense a policy or policies of Commercial General Liability [CGL] Insurance written on an ISO Occurrence form CG 00 O1 07 98 or an equivalent form providing coverage at least as broad and which shall cover liability arising from premises and operations, XCU (explosions, underground, and collapse) independent contractors, products/completed operations, personal injury and advertising injury, bodily injury, property damage, and_liability assumed under an insured's contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the CGL Insurance limiting the scope of coverage for either "insured vs. insured" claims or contractual liability. Contractor shall maintain the same or equivalent CGL Insurance as described herein for at least ten (10) years following substantial completion of the work. All costs of defense shall be outside the policy limits. The Policy shall provide for coverage in amounts not less than two million dollars ($2,000,000) per occurrence for Bodily Injury, Personal Injury, or Property Damage. If Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this project/location, the general aggregate limit shall be twice the required occurrence limit. 25.2.2 Commercial Automobile Liability. For all of DB's automobiles used in conjunction with the Project including owned, hired and non-owned automobiles, DB shall keep in full force and effect, a policy or policies of Commercial Automobile Liability Insurance written on an ISO form CA 00 O1 12 90 or a later version of this form or equivalent form providing coverage at least as broad in the amount of one million dollars ($1,000,000) combined single limit per occurrence, covering bodily injury and property damage for owned, non-owned and hired automobiles ["Any Auto"]. All costs of defense shall be outside the policy. 25.2.3 Architects and Engineers Professional Liability. For all of DB's employees who are subject to this Agreement, DB shall keep in full force and effect, or DB shall require that its architect/engineer(s) of record keep in full force and effect errors and omissions insurance providing coverage for professional liability with a combined single limit of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) annual aggregate. DB shall ensure both that (i) this policy retroactive date is on or before the date of commencement of the Project; and (ii) this policy has a reporting period of three (3) years after the date of completion or termination of this Agreement. DB agrees that for the time period defined above, there will be no changes or endorsements to the policy that increases the City's exposure to loss. 25.2.4 Excess Liability. DB shall provide Excess Liability Insurance affording three million dollars ($3,000,000) in excess of General Liability and Employer's Liability limits afforded on primary policies. The coverage will be subject to the 38 5-43 same terms, conditions, and exclusions found in the primary policies. 25.2.5 Contractors Pollution Liability . If the DB or its Contractors' Work includes cleanup, removal, storage, or otherwise handling of hazardous or toxic chemicals, materials, substances, or any other pollutants, Contractor shall provide at their expense Contractors Pollution Liability Insurance appropriate to cover such activities in an amount not less than $1,000,000 Combined Single Limit per occurrence/aggregate for bodily injury, property damage and remediation. 25.2.5.1 Claims made policies will include a five (5) year Extended Claims Discovery Period applicable to this Agreement, if reasonably available. 25.2.5.2 The policy for this insurance shall include Contractual Liability coverage. Such policy shall be endorsed to specifically provide for Work performed under the Agreement. 25.2.5.3 The DB or its Contractors of any tier shall furnish to the City a policy or Certificate of Contractors Pollution Liability Insurance in which the City, its elected and appointed officers, employees, and agents, and the DB are named as additional insureds. The policy or Certificate must plainly designate the name of the Project, name of the Disposal -Site, and the permits secured for its disposal. This Certificate must be furnished to the City, evidencing compliance with the outlined requirements, prior to the DB or Contractor beginning their Work on the Project. Any failure to furnish this policy or Certificate of Insurance shall not relieve the DB or Contractor from their obligations under this Section. 25.2.6 Hazardous Transporters Pollution Liability. If the DB's or its contractors' Work includes transportation of hazazdous or toxic chemicals, materials, substances or any other pollutants the DB or its Contractor of any tier shall provide, at their expense, Transporters Pollution Liability Insurance in an amount not less than $1,000,000 Combined Single Limit per occurrence/Aggregate for bodily injury, property damage and remediation. 25.2.6.1 Claims Made policies will include a five (5) year Extended Claims Discovery Period applicable to this Agreement, if reasonably available. 25.2.6.2 Such policy shall be endorsed to specifically provide coverage for Work performed under this Agreement. The D/B or its. contractors of any tier shall furnish the City with a policy or Certificate of Hazazdous Transporters Pollution Liability Insurance in which the City, its elected and appointed officers and employees, and agents, the DB, and any upper tiered contractor are named additional insureds. 25.2.6.3 The policy or Certificate must plainly designate the name of the Project, name of the Disposal Site, and the permits secured for its disposal. This Certificate must be furnished to. the City, evidencing compliance with the outlined requirements, prior to the DB or Contractor beginning their Work on the Project. Any failure to furnish this policy or Certificate of Insurance shall not relieve the D/B or Contractor from their obligations under this Section. 25.2.7 Worker's Compensation. For all of D/B's employees who are subject to this Agreement and to the extent required by the State of California, DB shall keep in 39 5-44 25.2.7 Worker's Compensation. For all of DB's employees who are subject to this Agreement and to the extent required by the State of California, DB shall keep in full force and effect, a Workers' Compensation Insurance and Employers' Liability Insurance to protect DB against all claims under applicable state workers' compensation laws. The City, its elected officials, and employees will not be responsible for any claims in law or equity occasioned by the failure of the DB to comply with the requirements of this section. That policy shall provide at least the statutory minimums of one million ($1,000,000) for Bodily Injury by Accident for each accident, one million dollars ($1,000,000) for Bodily Injury by Disease each employee, and a one million dollars ($1,000,000) for Bodily Injury by Disease policy limit. ,- 25.2.7.1 Prior to the execution of the Agreement by the City, the DB shall file the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance, in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of the Contract." 25.2.8 Builder's Risk. To the extent commercially available, the City shall provide a policy of "all risk" Builders Risk Insurance. Coverage will be provided for the Replacement Cost of Materials, Equipment and Fixtures destined to become a permanent part of the structure, and coverage will include Property in Transit and Property in Offsite Storage. 25.2.9 The limit for this policy shall be a minimum of $3,226,402.00 GMP dollar amount to reflect project soft and hard costs). It shall be DB's responsibility to bear the expense of any deductible. The coverage shall expire at the time such insured property is occupied by City, or a Notice of Completion is filed, whichever occurs first. Contractor and its Subcontractors will be solely responsible for any loss or damage to their personal property, including contractor's tools and equipment owned, used, leased or rented by the Contractor or Subcontractor. 25.3 Rating Requirements. Except for State Compensation Insurance Fund, all insurance required by express- provision of this Agreement shall be carried only by responsible insurance companies that have been given at least an "A" or "A--" and "V" rating by AM BEST, that are authorized by the California Insurance Commissioner to do business in the State of California, and that have been approved by the City. 25.3.1 Non-Admitted Carf-iers. The City will accept insurance provided bynon-admitted, "surplus lines" carriers only if the carrier is authorized to do business in the State of California and is included on the List of Eligible Surplus Lines Insurers [LESLI list] with a current AM BEST rating of no less than A:X. 40 5-45 25.4 Endorsements Required. Each policy required under Article XXV, section 25.2 of this Agreement shall expressly provide, and an endorsement shall be submitted to the City, that: 25.4.1 Additional Insured. Except as to Architects and/or Engineers professional liability insurance and Workers Compensation, the City of Chula Vista and its respective elected officials, officers, employees, agents, and representatives shall be named as additional insured. 25.4.1.1 Commercial General Liability. The policy or policies must be endorsed to include as an Additional Insured the City of Chula Vista and its respective elected officials, officers, employes, agents, and representatives. Liability Additional Insured Endorsement must be provided on ISO form CG 2010 (11/85) or equivalent, specifically, coverage afforded City must be Primary and must not exclude Completed Operations. The coverage for Projects for which the Engineer's Estimate is one million dollars ($1,000,000) or more shall include liability arising out of: (i) Ongoing operations performed DB or on DB's behalf, (ii} DB's products, (iii) DB's work, including but not limited to completed operations performed by DB or on DB's behalf, or (iv) premises owned, leased, controlled, or used by DB; the coverage for Projects for which the Engineer's Estimate is less than one million dollars ($1,000,000) shall include liability arising out of: (i) Ongoing operations performed by DB or on DB's behalf, (ii) DB's products, work, including but not limited to completed operations performed by DB or on DB's behalf, or (iii) premises owned, leased, controlled, or used by you; Except that in connection with, collateral to, or affecting any construction contract to which the provisions of subdivision (b) of Section 2782 of the California Civil Code apply, these endorsements shall not provide any duty of indemnity coverage for the active negligence of the City of Chula Vista and its respective elected officials, officers, employees, agents, and representatives in any case where an agreement to indemnify the City of Chula Vista and its respective elected officials, officers, employees, agents, and representatives would be invalid under subdivision (b) of Section 2782 of the California Civil Code. In any case where a claim or loss encompasses the negligence of the Insured and the active negligence of the City of City of Chula Vista and its respective elected officials, officers, employees, agents, and representatives that is not covered because of California Insurance Code Section 11580.04, the insurer's obligation to the City of San Chula Vista and its respective elected officials, officers, employees, agents, and representatives shall be limited to obligations permitted by California Insurance Code Section 11580.04. 25.4.1.2 Commercial Automobile Liability Insurance. Unless the policy or policies of Commercial Auto Liability Insurance are written on an ISO form CA 00 O1 12 90 or a later version of this form or equivalent form providing coverage at least as broad, the policy or policies must be endorsed to include as an Additional Insured the City of Chula Vista and 41 5-46 its respective elected officials, officers, employees, agents, and representatives, with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; Except that in connection with, collateral to, or affecting any construction contract to which the provisions of subdivision (b) of Section 2782 of the California . Civil Code apply, this endorsement shall not provide any duty of indemnity coverage for the active negligence of the City of Chula Vista and its respective elected officials, officers, employees, agents, and representatives in any case where an agreement to indemnify the City of Chula Vista and its respective elected officials, officers, employees, agents, and representatives would be_ invalid under subdivision (b) of Section 2782 of the California Civil Code. In any case where a claim or loss encompasses the negligence of the Insured and the active negligence of the City of Chula Vista and its respective elected officials, officers, employees, agents, and representatives that is not covered because of California Insurance Code Section 11580.04, the insurer's obligation to the City of Chula Vista and its respective elected officials, officers, employees, agents, and representatives shall be limited to obligations permitted by California Insurance Code Section 11580.04. 25.4.2 Primary and Non-Contributory. The policies are primary and non-contributing to any insurance or self-insurance that may be carved by the City of Chula Vista, its elected officials, officers, employees, agents, and representatives with respect to operations, including the completed operations if appropriate, of the Named Insured. Any insurance maintained by the City of Chula Vista and its elected officials, officers, employees, agents, and representatives shall be in excess of D/B's insurance and shall not contribute to it. 25.4.3 Waiver of Subrogation. Consultant's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage for the term required by this Agreement. 25.4.4 Project General Aggregate Limit. The CGL policy or policies must be endorsed to provide a Designated Construction Project General Aggregate Limit that will apply only to the Work performed under this Agreement. Claims payments not arising from the Work shall not reduce the Designated Construction Project General Aggregate Limit. The Designated Construction Project General Aggregate Limit shall be in addition to the aggregate limit provided for the products-completed operations hazard. 25.4.5 Written Notice. Except as provided for under California law, the policies cannot be canceled, non-renewed or materially changed except after thirty (30) Calendar Days prior written notice by D/B to the City by certified mail, as reflected in an endorsement which shall be submitted to the City, except for non-payment of premium, in which case ten (10) Calendar Days notice shall be provided. 25.4.S.1The words "will endeavor" and "but failure to mail such notice shall 42 5-47 impose no obligation or liability of any kind upon the company, its agents, or representatives" shall be deleted from all certificates. 25.4.6 Additional Insurance. DB may obtain additional insurance not required by this Agreement. 25.4.7 Prior to Starting Work. Before performing any work, DB shall provide the City with all Certificates of Insurance accompanied by all endorsements. 25.5 Subcontractors. All coverages for subcontractors or subconsultants shall be subject to all of the requirements stated herein. Subcontractors and Subconsultants shall be protected against risk of loss by maintaining insurance in the-categories and at the limits required herein. Subcontractors and Subconsultants shall name City and DB as additional insureds under its policies. 25.6 Obligation to Provide Documents. The DB shall provide copies of documents including but not limited to certificates of insurance and endorsements, and shall furnish renewal documentation prior to expiration of insurance. Each required document shall be signed by the insurer or a person authorized by the insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all insurance policies required herein. 25.6.1 Cooperation. The D/B and its Contractors shall cooperate fully with and provide any information or records requested by the City or regarding all.aspects of the insurance and project, including but not limited to claims, audit, payroll, insurance records and safety. Delays in reporting information to the City may result in delays in progress payments to the DB. 25.7 Deductibles/Self Insured Retentions. All deductibles and self-insurance retentions on any policy shall be the responsibility of DB. Deductibles and self-insurance retentions shall be disclosed to and approved by the City at the time the evidence of insurance is provided. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the DB shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 25.8 Policy Chan~es_ DB shall not modify any policy or endorsement thereto which increases the City's exposure to loss for the duration of this Agreement. 25.9 Reservation of Rights. The City reserves the right, from time to time, to review the Contractor's insurance coverage, limits, deductible and self-insured retentions to determine if they are acceptable to the City. The City will reimburse the Contractor for the cost of the additional premium for any coverage requested by the City in excess of that required by this Agreement without overhead, profit, or any other markup. 25.10 Not a Limitation of Other Obli ations. Insurance provisions under this section shall not be construed to limit the DB's obligations under this Agreement, including Indemnity. 43 5-48 25.11 Material Breach. Failure to maintain, renew, or provide evidence of renewal during the term of this Agreement maybe treated by the City as a material breach of contract. ARTICLE XXVI. TERMIl~TATION/SUSPENSION OF WORK 26.1 Sus ension of Work for Archaeological and/or Paleontological Discoveries. If a discovery is made of an archaeological or paleontological interest, DB shall immediately cease operations in the area of the discovery and shall not continue until ordered by City. When resumed, operations within the area of the discovery shall be as directed by City. 26.1.1 Discoveries which maybe encountered may include, but are not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, fossils or any item with cultural significance. 26.1.2 DB shall be entitled to an extension of time and compensation in accordance with the provisions of this Agreement. 26.2 Termination of Agreement by City for Cause. If, through any cause, DB shall fail to fulfill in a timely and proper manner DB's obligations under this Agreement, or if DB shall violate any of the covenants, conditions, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to D/B of such termination and specifying the effective date thereof at least five (5)Calendar Days before the effective date of such termination. 26.3 Termination or Suspension for Convenience by City. City may terminate or suspend this Agreement at any time and for any reason, by givuZg specific written notice to DB of such termination or suspension and specifying the effective date thereof, at least seven (7) Calendar Days before the effective date of such suspension or termination. In the event of an emergency, advance notice shall not be required under this provision. 26.4 Termination of Agreement by DB. DB may terminate the Agreement upon ten (10) days written notice to City, whenever either of the following occur: 26.4.1 Project Suspension. If the Project has been suspended under the provisions of Section 26.1 or 26.3, for more than niriety (90) consecutive days through no fault or negligence of DB, and notice to resume Work or to terminate the Agreement has not been received from City within this time period; or, 26.4.2 Failure to Pay Amounts Due and Not in Dispute. If City fails to pay D/B any monies due and not in dispute in accordance with the terms of this Agreement within ninety (90) Calendar Days, plus the ten (10) Calendar Days afforded the City to remedy the failure, after presentation to City by D/B of a requesf therefore. 26.5 DB Action Required. Upon receipt of the Notice of Termination, DB shall take any and all action that maybe necessary, or that the City Manager may direct, for the protection and preservation of the property related to this Agreement that is in the possession of DB and in which City has or may acquire an interest. 44 5-49 26.6 Possession, Ownership, and Control of Documents. In the event that this Agreement is terminated in accordance with Sections 26.2 through 26.4, all finished or unfinished documents, data, studies, drawings, maps, plans, specifications, reports and other materials prepared by DB, or any of its agents, Design Consultants or Subcontractors, shall, at the option of the City, become the sole and exclusive property of the City. 26.7 City Right to Complete Project. In the event that the Agreement is terminated pursuant to this Article XXVI, City may take possession of the Project and may complete the Project by whatever method or means City may select. 26.7.1 Excess Costs. In the event that the costs to complete the Project exceed the balance of funds, which had the Project been completed in accordance with this Agreement would have been due, the DB shall be liable for and pay such excess costs to the City. 26.8 Payment to DB Due to Termination. Upon termination, DB shall be entitled.to receive just and equitable compensation for satisfactory Work completed. In no event shall such amount exceed the total dollar amount authorized by City, reduced by the amount of payments previously made and any deductions permitted herein. The fair and reasonable amount shall be determined in good faith by City considering the following: 26.8.1 The price for completed services accepted, including any retention, by City not previously paid. 26.8.2 The costs incurred in the performance of the Project terminated, including initial costs and preparatory expense allocable thereto. These costs are only for Work completed and accepted by the City based on an audit of all Contractors' bills of materials and the timecards for Work actually performed. 26.8.3 A portion of the DB Fixed Fee (overhead and profit) based on the percentage of Work completed on the Project; however, if DB would have sustained a loss on the entire Agreement had it been completed, City shall allow no profit under this section and shall reduce the amount payable to reflect the indicated rate of loss. 26.8.4 DB and Design Subcontractor services through the date of termination based on actual time spent as documented on timecards. Expenses shall be paid based on invoice and receipts provided by DB. 26.8.5 Any amounts for Work or Services agreed to by the City Manager and DB, but without duplication of any amounts agreed to above. 26.8.6 Reasonable demobilization costs, to the effective date of such termination. 26.8.7 If termination occurs during Phase I, II, or III, D/B shall only be entitled to the Fees for Phases I, II, or III, associated therewith, or the respective portion thereof. 26.9 Lost Profits. Under no circumstances will DB be entitled to any consideration for lost profit or lost opporhznity costs. 45 5-50 26.10 Deductions. The amount due DB shall be reduced by amounts including the following: 26.10.1 Any claim that City has against D/B under this Agreement. 26.10.2 The agreed price for, or the proceeds of sale of, materials, supplies, or other things acquired by DB or sold under the provisions of this clause and not recovered by or credited to City. 26.10.3 Damages caused by DB's breach, including Excess Costs pursuant to Section 26.7.1. 26.10.4 Property Destroyed, Lost, Stolen or Darriagecl.Except to the exterit that City expressly assumed the risk of loss, the City Manager shall exclude from the amounts payable to DB, the fair value, as determined by the City Manager, of property that is destroyed, lost, stolen, or damaged so as to become undeliverable to City. 26.11 Disputes. If DB does not agree that the amount determined by the City Manager is fair and reasonable. DB shall within thirty (30) Calendar Days of receipt of payment, shall gives notice of such disagreement to City. The dispute shall be resolved in the manner provide for in Section 21.6. 26.12 Waiver of Claims. In the event of termination under this Article XXVI, failure of DB to dispute amounts paid in the manner and within the timeframe provided in Section 26.11 shall act as a waiver of any and all claims for damages or compensation arising under this Agreement for any and all Work and Services performed under this Agreement up to the effective date of Notice of Termination. DB hereby expressly acknowledges and agrees that such claims shall be waived as herein provided. 26.13 Rights of City Preserved. In the event that the Agreement has been terminated, the termination shall not affect any rights or remedies of City against DB then existing or which may thereafter accrue.. Any retention or payment of moneys due DB by City will not release DB from liability. It is agreed that termination hereafter will not in any way release, waiver, or abridge any rights the City has against DB's performance bond surety. ARTICLE XVII. RECORDS AND AUDITS 27.1 Record Svstem - Reimburseable Costs. DB shall develop and maintain an accurate system for tracking all Reimbursable Costs. Utilizing this system, DB shall include with each month payment application an itemization of all such Reimbursable Costs actually incurred by DB, during the previous month. If requested by the City, DB shall provide all backup documentation supporting such Reimbursable Costs. 27.2 Record Svstem -Hard Construction Costs. D/B shall develop and maintain an accurate system for tracking all Hard Construction Costs it incurs on the Project. Utilizing this system, DB shall include with each monthly application for payment an itemization of all Hard Construction Costs actually incurred by D/B during the previous 46 5-51 month. 27.3 Retention of Records. DB, contractors, and subcontractors shall maintain data and records related to this Agreement for a period of not less than three (3) years following receipt of final payment under this Agreement or three (3) years following final settlement associated with the termination of this Agreement pursuant to Article XXVI, above. 27.4 Audit of Records. At any time during normal business hours, during the term of the contract plus and record retention period and as often as the City deems necessary, DB and any or all Contractors or subcontractors shall make available to the City for examination at reasonable locations within the City/County of San Diego all of the data and records with respect to all matters covered by this Agreement. DB and all contractors or subcontractors will permit the City to make audits of all invoices, materials, payrolls, records of personnel, and other data and media relating to all matters covered by this Agreement. If records are not made available within the City/County of San Diego, then DB shall pay all the City's travel related costs to audit the records associated with this Agreement at the location where the records are maintained. Such costs will not be Reimbursable Costs. 27.4.1 Costs. DB and DB's agents shall allow City to audit and examine books, records, documents, and any and all evidence and accounting procedures and practices that City determines are necessary to discover and verify all costs of whatever nature, which are claimed to have been incurred, anticipated to be incurred, or for which a claim for additional compensation or for Extra Work have been submitted under this Agreement. ARTICLE XXVIII. NOTICES 28.1 Writin .Any demand upon or notice required or permitted to be given by one Party to the other Party shall be in writing. 28.2 Effective Date. Except in relation to Change Orders as provided for in section 28.4 or as otherwise provided by law, any demand upon or notice required or permitted to be given by one Party to the other Party shall be effective: (i) on personal delivery, (ii) on the second business day after mailing by certified or registered U.S. Mail, return receipt requested, (iii) on the succeeding business day after mailing by Express Mail or after deposit with a private delivery service of general use (e.g., Federal Express) postage or fee prepaid as appropriate, or (iv) upon successful transmission of facsimile. 28.3 Recipients. Except in relation to Change Orders, all demands or notices required or permitted to be given shall be sent to all of the following: 28.3.1 James Filanc, Southern Contracting 28.3.2 City Of Chula Vista -Gordon Day, Project Manager 28.3.3 (reserved) 28.4 Recipients of Change Orders. 47 5-52 28.4.1 James Filanc, Southern Contracting 28.5 Change of Address(es).. Notice of change of address shall be given in the manner set forth in this Article. ARTICLE XX1X. MISCELLANEOUS PROVISIONS 29.1 Headings. All article headings are for convenience only and shall not affect the interpretation of this Agreement. 29.2 Gender & Number. Whenever the context requires; the use herein of (i)-the neuter gender includes the masculine and the feminine genders and (ii) the singular number includes the plural number. 29.3 Reference to Paragraphs. Each reference in this Agreement to a section refers, unless otherwise stated, to a section in this Agreement. 29.4 Incorporation of Recitals. All recitals herein are incorporated into this Agreement and are made a part hereof. 29.5 Covenants and Conditions. All provisions of this Agreement expressed as either covenants or conditions on the part of the City or the Consultant, shall be deemed to be both covenants and conditions. 29.6 Integration. This Agreement and the Exhibits and references incorporated into this Agreement fully express all understandings of the Parties concerning the matters covered in this Agreement. No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless made in the form of a written change agreed to in writing by both Parties or an amendment to this Agreement agreed to by both Parties. All prior negotiations and agreements are merged into this Agreement. 29.7 Severability. The unenforceability, invalidity, ~or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal. 29.8 Drafting Ambiguities. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement. . 29.9 Conflicts Between Terms. If an apparent conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code 48 5-53 shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement. 29.10 Prompt Performance. Time is of the essence of each covenant and condition set forth in this Agreement. 29.11 Good Faith Performance. The parties shall cooperate with each other in good faith, and assist each other in the performance of the provisions.of this Agreement. 29.12 Further Assurances. City and DB each agree to execute and deliver such additional documents as may be required to effectuate the purposes of this Agreement. 29.13 Exhibits. Each of the following Exhibits is attached hereto and incorporated herein by this reference: 29.13.1 Exhibit A - List of sites and proposed Schedule of Values, and Cost Schedule. 29.13.2 Exhibit B -Contract Terms and Requirements as specified in the RFP, All Federal Stimulus Plan requirements (EECBG Special Terms and Conditions). 29.13.3 Exhibit C -Southern Contracting Company RFQ 29.14 Compliance with Controlling Law. The Consultant shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this Agreement, including California Labor Code section 1720 as amended in 2000 relating to the payment of prevailing wages as stated in the RFP and Federal guidelines, during the design and preconstruction phases of a project, including inspection and land surveying work. In addition, the Consultant shall comply immediately with all directives issued by the City or its authorized representatives under authority of any laws, statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement. 29.15 Jurisdiction, Venue, and Attorney Fees. The venue for any suit or proceeding concerning this Agreement, the interpretation or application of any of its terms, or any related disputes shall be in the County of San Diego, State of California. The prevailing party in any such suit or proceeding shall be entitled to a reasonable award of attorney fees in addition to any other award made in such suit or proceeding. 29.16 Municipal Powers. Nothing contained in this Agreement shall be construed as a limitation upon the powers of the- City as a chartered city of the State of California: 29.17 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same 49 5-54 may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet 'and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 29.18 Third Party Relationships. Nothing in this Agreement shall create a contractual relationship between City and any third party; however, the Parties understand and agree that City, to the extent permitted by law, is an intended third party beneficiary of all DB's contracts, purchase orders and other contracts between D/B and third party services. DB shall incorporate this provision into its contracts, supply agreements and purchase orders. 29.19 Non-Assignment. The DB shall not assign the obligations under this Agreement, whether by express assignment or by sale of the company, nor any monies due or to become due, without the City's prior written approval. Any assignment in violation of this paragraph shall constitute a Default and is grounds for immediate termination of this Agreement, at the sole discretion of the City. In no event shall any putative assignment create a contractual relationship between the City and any putative assignee. 29.20 Successors in Interest. This Agreement and all rights and obligations created by this Agreement shall be in force and effect whether or not any Parties to the Agreement have been succeeded by another entity, and all rights and obligations created by this Agreement shall be vested and binding on any Party's successor in interest. 29.21 Independent Contractors. The DB, any consultants, contractors, subcontractors, and any other individuals employed by the DB shall be independent contractors and not agents of the City. Any provisions of this Agreement that may appear to give the City any right to direct the DB concerning the details of performing the Services under this Agreement, or to exercise any control over such performance, shall mean only that the DB shall follow the direction of the City concerning the end results of the performance. 29.22 Approval. Where the consent or approval of a party is required or necessary under this Agreement, the consent or approval shall not be unreasonably withheld. 29.23No Waiver. No failure of either the City or the Consultant to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach. 29.24Signing Authority. The representative for each Party signing on behalf of a corporation, partnership, joint venture or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist. 50 5-55 IN WITNESS WHEREOF, this Agreement the City of Chula Vista and Southern Contracting Corporation have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms and through its City Manager pursuant to Resolution No. R- ,authorizing such execution, and by This Agreement is dated , 2009 and this date shall constitute the effective date of this Agreement. CITY OF CHULA VISTA, A Municipal Corporation Southern Contracting Corporation By: Y~ ~~~'~!i-G CHERYL COX, Mayor Name of thorized Representative] Approved as to form and legality: By: BART MIESFELD, City Attorney 51 5-56 Exhibit A 52 5-57 ;(tiling` .. ~;/ 6-- z. ~-1o-.y 1 ~. ,~~x s~~~Gi',~u2 LIC N0.222252 559 Twin Oaks Valley Road P.O. Box 445 San Marcos, CA 92079 Phone 760-744-0760 Fax 760-744-6475 December 3, 2009 Mr. Gordon Day Project Manager City of Chula Vista Public Services Building 200 276 Fourth Avenue Chula Vista, California 91910 Public Works Department, Engineering Building Subject: Schedule of Values Dear Gordon, Please find attached Southern Contracting's proposed Schedule of Values for the Solar Photovoltaic Design-Build Project. The Schedule of Values is based on the revised list of city sites, including the proposed Solar PV size: 1. Public Works Yard, 56 kW; 2. Norman Park Center, 36 kW; 3. Veterans Park, 56kW 4. Animal Shelter, 20 kW; 5. Parkway Community Center, 39 kW; 6. Heritage Park, 16 kW; 7. Montevalle Park, 56 kW; 8. Civic Center, 56 kW; 9. Loma Verde Recreation Center, 56 kW, 10. Otay Recreation Center, 43 kW; and 11. Salt Creek Recreation Center, 56 kW The estimated maximum value for the above sites is $3,226,402. This is shown in the spreadsheet forwarded to Brendan Reed on Monday, and forms the basis of the Schedule of Values. Each site has a separate Schedule of Values and is further broken down by project phase 1. Phase One -Conceptual Engineering, 2. Phase Two -Detailed Engineering /Guaranteed Maximum Price Estimate, 3. Phase Three -Construction. 5-58 Schedule of Values, Page 2 of 2 Please contact me if you need additional information or assistance. Sincerely, . ~~~~ ames Filanc, LEED AP Project Manager Southern Contracting Company txy as' .+.... 5-59 Exhibit B 53 5-60 ~t~r~ CITY OF CHULA VISfA REQUEST FOR PROPOSAL (RFP) TO PROVIDE DESIGN BUILD SERVICES FOR THE DESIGN AND CONSTRUCTION OF THE MUNICIPAL SOLAR PROJECT IN THE CITY OF CHULA VISTA, CA RFP ISSUED: April 3~ 2009 SUBMITTALS ARE D UE BY: May 1 ~` 2009 City of Chula Vista Engineering Department 276 Fourth Avenue Building 200 Chula Vista, CA 91910 5-61 TABLE OF CONTENTS I. INTRODUCTION ................................................................................................................1 II SCOPE OF SERVICES ......................................................................................................2 A. Project Control (All Phases) ..........................................................................................2 B. Design Phase Services ...........:.......................................................................................2 C. Construction Phase Services ..........................................................................................4 D. Operations and Startup Phase Services ...........::.:..:........................................................5 III DESIGN BUII.,DER SELECTION PROCESS ....................................................6 IV REQUEST FOR PROPOSALS SCHEDULE .....................................................7 V PUBLIC DISCLOSURE ..............................................................................7 VI SUBMITTAL REQUIREMENTS ..................................................................7 VII CONTRACT TERMS AND CONDITIONS ....................................................9 ATTACHMENT A -ELECTRICAL SAFETY & TRAINING SPECIFICATIONS ATTACHMENT B -POTENTIAL SITES' INFORMATION ATTACHMENT C - SDG&E NET-METERING INTERCONNECTION AGREEMENT ATTACHMENT D -SAMPLE DESIGN BUILD AGREEMENT 5-62 THE FOLLOWING REQUEST FOR PROPOSAL (RFP) PERTAINS TO THE DESIGN, CONSTRUCTION AND INSTALLATION OF MULTIPLE SOLAR/PHOTOVOLTAIC GENERATION SYSTEMS AT SELECTED CITY OF CHULA VISTA FACILITIES. FIRMS WITH DESIGN BUILD EXPERIENCE A.RE BEING SOLICITED TO PRESENT PROPOSALS FOR REVIEW. BASED UPON THE SUBMITTED INFORMATION, QUALIFIED CANDIDATES MAY BE INTERVIEWED AND PRESENTATIONS WILL BE GRADED AS OUTLINED IN THE SCOPE OF WORK SECTION OF THIS DOCUMENT. I. INTRODUCTION The City of Chula Vista is circulating this RFP to firms qualified to provide design build services to the City with: community out-reach, value engineering, conceptual design, programming, design services, construction and construction management for the design and installation of Photovoltaic Generation Systems in the City of Chula Vista. 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 services, the selection process, and the minimum information that must be included in the proposal submittal. This RFP is intended to allow for the following scenarios: • DBT will combine work efforts with the City's current management team that has previously prepared the planning and/or conceptual documents. • DBT, created by the DB, prepares all planning and/or conceptual documents. • DBT, created by the DB, uses previously prepared plaruiing and/or conceptual documents. All scenarios will result in continuing with design development, community out-reaches, - construction document preparation and construction of the project. This RFP does not commit the City to awazd 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 reserves the right to accept or rej ect 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 reserves the right to reject any or all proposals in the City's sole discretion at any time prior to an award. II SCOPE OF WORK The City of Chula Vista (City), the 2nd largest municipality in San Diego County, has been a regional and national leader in climate protection policies and programs focused on reducing greenhouse gas emissions from municipal operations and the broader community. A cornerstone of the City's 5-63 1 climate protection efforts have been energy efficiency retrofit projects at existing municipal facilities as well as the design and construction of new City buildings which exceed California energy efficiency standards (Title-24) by at least 20%: To complement these efficiency accomplishments, the City established a goal to provide at least 20% of municipal energy demand with renewable energy generation. To date, approximately 75 kW of renewable energy systems have been installed on municipal buildings. Chula Vista now seeks to greatly expand its renewable energy portfolio with the installation of multiple solar photovoltaic (PV) energy systems on its properties. The City of Chula Vista is circulating this Request for Proposals (RFP) for the turnkey design, engineering, materials, delivery, installation and commissioning of solar photovoltaic systems at municipal facilities and properties. Each proposal shall include at least three options to achieve the City's primary objectives; 1) Reducing the City's carbon footprint by maximizing the cost effective transition to fossil free renewable energy, and 2) Reducing the City's general fund energy costs as soon as possible (the Proposals shall rank their recommendations), and 3) At least one option shall have a cost of $3 million or less and a simple payback period of less than 10 years. All proposal options should maximise the renewable energy generation potential during peak demand hours. Design/Build Teams (DBT) for proj ects of 10 kW and larger shall include an Energy Engineer and a Contractor possessing at least a B or C-10 California Contractors License. All electrical work on the project executed by a B Contractor shall be done by C-10 State-certified electricians. The DBTs for 9 kW and smaller projects shall include an Energy Engineer and a contractor possessing at least a C-10 or C-46 license. All contractors shall abide by the attached Electrical Safety and Training Specifications (ATTACHMENT A). All DBT members shall be licensed/registeredtyith the State of California and shall demonstrate 5 years experience. All RFP responses should include DBT resumes, references and examples of previous installations. DBTs bidding on 10 kW and larger projects shall have at least three years of that five years experience with large-scale (defined as 30 kW and above) solar energy installations. All bids for facilities of 9 kW and less shall be certified through the North American Board of Certified Energy Practitioners (NABCEP). This RFP describes all the elements of the project, the required scope of services, the design/build consultant selection process and the minimum information that must be included in the proposal. Failure to submit information in accordance with the RFP's requirements and procedures may be a cause for disqualification. Proposal Selection Award will be based on the best-qualified proposal for the proposed design fees, general conditions, installation fees, warranty length and. quality and demonstrated service record, total cost per kWh, direct savings and length of payback period. The net cost per kWh and length of payback period will be primary factors, but not the sole considerations for award. A contract(s) will be awarded in accordance with the Chula Vista Municipal Code and the Design/Build Ordinance as outlined in Section 2.57 of the Chula Vista Municipal Code. 564 Additional credits toward qualification will be applied to applicants that: • Demonstrate a partnership with Chula Vista retailers for the purchase of supplies and materials, • Demonstrate a partnership with Chula Vista manufacturers for the purchase and supply of materials and the development of Chula Vista manufacturing jobs, • Demonstrate partnerships that foster the creation of quality local jobs and training opportunities with the Sweetwater Union High School District, Southwestern College and/or other qualified Chula Vista educational and not-for-profit institutions, • Demonstrate an effort to reduce their corporate carbon footprint and select vendors that make an effort to reduce their carbon footprint, • Demonstrate corporate waste and water reduction practices, and • Any environmental benefits unique to your agency. The RFP review process will use the following guidelines: • 40% to 45% design build and installation costs • 40% to 45% length of payback period and final net kWh cost to city • Up to 10% collaborative local purchasing and job creation • Up to 5% collaborative local training and educational opportunities • Up to 5% Environmental stewardship of resources applied to the design, manufacture, purchase, installation and operational phase of the project. Project Description The City of Chula Vista owns and manages over 90 different buildings and facilities including administrative buildings, fire stations, recreation centers, libraries, community parks and parking structures/lots. The City is seeking to install ground level, parking lot canopies and/or rooftop solar photovoltaic systems (<1 MW each) at these sites (referred to hereafter as "Project"). The City expects successful respondents to compare available financing and incentives to demonstrate how the City can best take advantage of the California Energy Commission loan program, California Solar Initiative rebates, San Diego Gas & Electric's Net Energy Metering tariff, Assembly Bill 2466 (which allows local governments to apply credits from excess renewable energy generation to other accounts) and/or Assembly Bill 1969 (which provides afeed-in tariff for excess renewable energy production). In addition, submitted proposals shall include consideration of utilizing State and Federal tax credits and accelerated Federal depreciation tax credits to reduce initial capital costs and final per kilowatt hour costs, and shorten the final payback period. Project Objectives Services required of Design/Build Teams (DBT) include providing design, installation and commissioning ofcost-effective solar photovoltaic systems at municipal facilities and properties in order to reduce municipal energy costs and lower Chula Vista's greenhouse gas emissions. Additional project objectives 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, 565 • Provide at least one installation option that demonstrates a <10 year simple payback period and an initial capital investment of <$3 million, • Provide an incremental cost per additional kW/kWh for each option to help compare installation and warranty period value, • Ensure that installed systems do not negatively impact daily operational and maintenance activities, • Improve the visibility of renewable energy generation in the community, and • Provide replicable development and installation models for small and large commercial operations for future phases of the City's program. Annually, municipal operations consume approximately 21 million kWh of electricity with approximately 12 million kWh being attributable to City buildings, which have a maximum monthly on-peak demand of 2,800 kW (Time-of--Use meters only). The City's overall goal is to initially offset at least 20% of City buildings' total monthl on-peak demand and offset at least 20% of City buildings' total annual energy consumption. Therefore, each proposal's solar PV installation options should be sized, sited and oriented to maxi_mi~e the renewable energy generation potential during peak demand hours, while also minimising the project's payback period. Each proposal should also include a maximum cost per kWh (annual price adjustments after 18 months of bid date not to exceed San Diego Consumer Price Index) to expand installations over the next 5 years to further offset City electricity demand and consumption. For respondents proposing individual projects of 9 kW or smaller in size, proposals should include PV system options for the following three sites: Parkway Recreation Center, Fire Station 7 and Fire Station 8. For respondents proposing larger systems, proposals should include system installation options in all of the following system size classes and locations: 1-9 kW -Parkway Recreation Center, Fire Station 7 and 8; 10-100 kW -Salt Creek Recreation Center, & Montevalle Recreation Center and Third Avenue-Pazking Structure; and 500 kW-1 MW -Public Works Corp Yard. The City has made every effort to select sites where it would likely install alternative energy systems, however, if the bid responses demonstrate that other location options aze more cost effective, these specific sites will still allow the City to more equitably compare submitted proposals without requiring a specific site design for each of the almost 100 potential sites. As stated previously, all proposals should include at least one option having a cost of $3 million or less and a simple payback period of less than 10 years. All project options should be able to be completed and fully operational by the end of October 2009. The addresses, monthly energy profiles (Calendar Yeaz 2008), gross roof area and gross parking lot area estimates of potential project sites are outlined in ATTACHMENT B. Proposal Guidelines The DBT should include in the proposed scope all permits and approvals from governing agencies, all labor, taxes, incentives, services and equipment to produce fully functional and operational solar PV systems. In addition, the proposal should include the following content: Site Selections & System Designs The DBT shall review the potential project sites (listed in Attachment B) to design multiple solar PV systems that meet the project's objectives and take into consideration the City's 5-66 overall electrical demand and load patterns, .site-specific conditions, available solar resources, applicable zoning ordinances and other relevant factors. The design documents will detail: • System description • Equipment details, descriptions, maintenance requirements and warranties • Layout of installation site(s) • Layout of equipment • Specifications for equipment procurement anal installation • Power and energy output _ • Value of energy output • Performance monitoring equipment • Electrical grid interconnection requirements The DBT shall provide design documents in hard copy and electronic format using AutoCAD software and be suitable for submittal to the City for review and approval. The design drawings shall include the dimensions and layout of equipment and address all code, utility interconnect, utility shut-off and fire safety issues. The DBT shall incorporate any cost for relocating trees or replacing any and all trees that need to be moved to accommodate solar installations or to eliminate shading issues into their bid. System Installations The DBT shall posses at least a B or C-10 Contractors license and use C-10 certified electricians for projects of 10 kW and larger and at least C-46 Solar Contractors for projects of 9 kW and smaller. The DBT shall supply all equipment, materials and labor necessary to install fully commissioned solar PV systems. The DBT shall be responsible for complying with any and all State of California and Energy Efficiency Community Block Grant product requirements. The selected DBT will provide the City with an installation schedule that details the permitting process, delivery of materials, construction and inspections. The DBT shall provide real-time displays at all installation sites allowing City staff to monitor the performance of the systems. Working with City staff, the DBT will design and produce signage to accompany the real-time displays and to help promote the benefits of solar PV to the community. The display monitors should be at a minimum 18" in size and provide at least the following information: daily, yearly and cumulative energy totals (kWh), cost savings totals, greenhouse gas/carbon reduction totals (lbs. COZe), power output (kW) and capacity percentage. The monitors shall also identify inverter and panel section failures whenever technically feasible. These performance metrics should also be able to be monitored remotely at three (3) different City locations for all installed PV systems. The DBT shall supply and install all materials and equipment necessary to interconnect the solar PV systems with SDG&E's local distribution system. The DBT shall fulfill all application, study and testing procedures necessary to complete the interconnection process. All direct and associated costs including, but not limited to, application and facility interconnection fees and other costs paid to SDG&E shall be the responsibility of the DBT. 5567 A SDG&ENet-Metering Interconnection Agreement is included in ATTAC)FINIENT C for reference. If your proposed system requires roof penetrations, you will be required to utilize a roofing subcontractor that is approved, authorized or licensed by the roof system manufacturer in the installation and repair of the roofing system. The roof system manufacturer must pre- approve all roof penetrations and provide the DBT and the City with a written "Acceptance of Work" that maintains the existing roof system warranty. System Commissioning The DBT shall be responsible for commissioning -the systems once installed to ensure maximum performance. Commissioning-will include preparing the systems for operation, cleaning the systems, measuring the systems' output, testing each panel for proper function and passing final inspections to comply with permit and/or code requirements and to meet applicable incentive program performance requirements. Operations & Performance The DBT shall provide the City three (3) sets of site-specific operation, maintenance and parts manuals for the installed solar PV systems. The manual's scope should include maintenance schedules,trouble-shooting tips and safety precautions specific to each site and its specific equipment. Within ten (10) days of completing the commissioning of the new solar PV systems, the DBT shall train City personnel in all aspects of routine operation, maintenance and safety of the PV system(s), as well as the monitoring systems. The DBT shall guarantee the performance of the entire solar PV system package (i.e. panels, inverters, wiring, monitors, support structures etc.) for at least the length of the full payback period after successful commissioning of the systems. In addition, the City expects all materials to meet minimum applicable federal and state warranty standards with minimum inverter warranties often years and solar cell warranties of at least 25 years. A. Project Control (All Phases) The DBT shall develop and implement the following Project Management Plan and Procedures: 1. Monthly project status reports (including schedule and budget updates) 2. Coordination/interface with the City and its other consultants/contractors 3. Progress meetings. 4. Interface and communicate with other agencies, as directed by the City. 5. Vendors and subcontractors management 6. Document control 7. Schedule and budget control 8. Quality assurance and quality control 568 B. Design Phase Services Utilizing the City's required standard specifications, facility program requirements, Federal, State and local laws, and City performance and design criteria, approved planning documents (if available), and reports that will be identified in the Design/Build contract, for a typical project, the DBT will:. 1. Prepare, submit and receive City approval for any site-specific planning/environmental documents, if required. 2. Prepare design development and construction drawings and specifications suitable for obtaining City approval and issuance of permits to allow for construction. 3. Complete the design for all elements of the projects, including but not limited to: landscape architectural, architectural design, civil engineering, structural engineering, mechanical design, electrical design and any specialty consulting area. 4. Incorporate the requirements of permitting agencies as may become apparent in the course of design. The DBT shall apply for and secure all permits and provide all necessary reports, studies and support required to obtain all required permits. In addition, the DBT shall research Air Pollution Control District and noise abatement requirements, along with any hazardous materials management requirements of NFPA, Cal-OSHA and the City Fire Department. The DBT shall develop all appropriate environmental plans, including but not limited to, an air pollution control plan, a noise abatement plan and a hazardous materials management plan. The DBT shall submit and obtain approval of an application for Storm Water Pollution Prevention Plan to the appropriate authority. If required, the DBT shall incorporate appropriate facilities in the design. 5. Conduct site surveys and geotechnical investigations to the extent necessary for final design. Survey and geotechnical information to be provided by the City may be preliminary in nature and may not have sufficient accuracy or scope to support final design. 6. Prepare cost estimates throughout all phase of project development. 7. Perform avalue-engineering reviews to reduce cost/and or add value, utilizing all team members and City resources. Include recommendations to maximize energy efficient and build a "green" or low-pollution project. Prepare a Value Engineering Report of all considerations, recommendations and decisions. The goal is to maximize the quality of construction at a cost equal to or below the Project Budget. 8. Perform Quality Control (QC) Review of the Drawings and Specifications 569 throughout all phases in order to correct errors and omissions and reduce the quantity of Change Orders during the course of construction. Include a detailed review of drawings. and designs relative to Code Compliance Laws. Organize and publish detailed QC Reports based on all findings. 9. Establish a Critical Path Method (CPM) Construction Schedule. Monitor and update to keep the project on schedule. 10. -Establish a bidding strategy. Identify, contract, and procure long lead items. Create early bid packages where applicable. 11. Provide construction cost control estimates during the design to support value engineering and constructability reviews. 12. Identify all permit requirements and prepaze applications and support documents necessary for obtaining all permits. Permit fees are not a part of the cost of construction of the project. 13. The DBT shall be required to provide a cost estimate that will be used to establish a Guaranteed Maximum Price (GMP). Any savings at the end of the project will be deducted from the GMP and returned to the owner. 14. During the bidding of the Project, the DBT shall perform if appropriate: a. Create appropriate subdivisions of work into Bid Packages that reflect the major items of work. A detailed scope of work will be included with all bid packages. b. Secure a minimum of three complete and competitive bids for each package. c. Receive and resolve all RFI's and bid questions. d. Schedule meetings with the City. to open and review bids for each subdivision of work. Review bids in detail. Clarify Scopes of Work, exclusions, etc. Ensure bids match DBT Scope of Work. e. Provide cost spreadsheets which compare actual bids to cost estimates. 15. Prepaze draft Operations Manual Index to serve as the basis for preparing the final operations Manual during the construction phase. C. Construction Phase Services The DBT shall construct the facility in accordance with the approved construction drawings, specifications and associated permits. The DBT shall also: 5$70 1. Conduct weekly team meetings with the City and appropriate design team members during the course of construction to review the status of the project. 2. Ensure the workmanship and materials provided are in accordance with the Project Specifications and the Architects meet or exceed quality construction industry standards for this type of work. 3. Provide list of required shop drawing submittals. Review shop-drawing submittals for technical and code compliance. Provide copy to the City for review and comment. 4. Provide resident engineering, contract administration, and inspection staff, including specialists necessary for the functional, safe, on budget and on- schedule completion of the Project, starting with the issuance of aNotice to Proceed from the City and extending through issuance of Notice of Completion and Acceptance. City staff will also perform inspection to verify compliance with the plans and specifications, permits and contract documents. 5. Ensure construction compliance with applicable local, state, and federal codes, building and environmental permit requirements, and construction mitigation documents and enforcement of the Contract Documents. 6. Purchase and install all necessary equipment and witness all factory and field component, equipment and system testing as required by the proj ect Contract Documents. 7. Submit the proposed QA/QC Plan to the City for review. The Plan shall not be implemented without written approval of the City. 8. Provide surveying, and other contracted services as required completing projects construction. Coordinate City contracted testing and inspection services during the course of construction. 9. Develop, implement and manage a construction phase Quality Assurance/Quality Control (QA/QC). The Plan shall include but not be limited to; 1) a statement and definition of QA/QC goals; 2) an identification of QA/QC criteria and elements; 3) development of the project QA/QC implementation plan; 4) development of the QA/QC materials, components, equipment and system testing plans; and, 5) enforcement of the plans and specifications. 10. Be responsible for preparing the Critical Path Method (CPM) schedule utilized during the project construction and startup activities. Use Microsoft Project scheduling software consistent with the City reporting system. 11. Develop aproj ect-specific Plan for defining, tracking and reporting cash flow activity requirements and submit such plan to the City for review and approval prior to implementation. 12. Develop aproject-specific Change Order Administration Plan for review and approval by the City. Upon written approval of the Plan, the DBT shall 5-71 initiate implementation. The Plan shall define the required Change Order procedures, including requirements for requesting, developing, approving, and filing. 13. Implement and maintain an internal records management and document control system as required to support project operations. The DBT shall provide records management and document control information in a manner consistent with the citywide Prolog Management reporting/filing system. 14. The DBT shall develop an on-site Project Safety Plan for review and approval by the City. The DBT shall administer and enforce the City approved on-site Project Safety Plan for the Project. The DBT shall monitor and enforce construction responsibility for safety and health issues relating to all workers at the Project Site. This shall include workers in direct employment to the Contractor and workers involved in a subcontracting, equipment supply, or any other project-related oral or written arrangement with the DBT. 15. Report accidents, claims, and other on-going safety related issues to the City in a manner consistent with Citywide reporting systems. D. Operations and Startup Phase Services 1. The DBT shall prepare, submit for City review and written approval a Proj ect Startup and Testing Plan for the Project. The DBT shall fully implement the plan. 2. The DBT shall conduct Operator Training Sessions for personnel. 3. The DBT shall supervise, manage, and coordinate all project startup and testing activities for all systems. 4. Provide operation and maintenance manuals for equipment purchase and " installed by DBT. 5. The DBT shall report progress of project startup and testing to the City in a manner consistent with the City's reporting system. 6. The DBT shall coordinate and expedite record drawings and specifications. 7. The DBT shall prepare final accounting and close out reports. 8. The DBT shall prepare occupancy plan reports. 9. Post Construction: DBT shall coordinate an 11-month walk through of the Project to review guarantee/warranty items. DBT shall coordinate all corrective work with the responsible parties and the City. The DBT shall report to the City all guarantee/warranty disputes. The DBT shall proceed to resolve such disputes after having submitted to the City for review and approval the DBTs approach for obtaining resolution of the dispute. 5 X12 Tu IV V VI DESIGN BUILDER SELECTION PROCESS Candidates will compete first on the basis of experience, design talent, past performance, resources, construction and management skills. Contracts will be awarded in accordance with the Chula Vista Municipal code and the Design/Build ordinance as outlined in Section .257 of the Chula Vista Municipal Code. REQUEST FOR PROPOSALS SCHEDULE The following schedule applies to the solicitation, receipt and evaluation of the Proposals, Statement of Qualifications (SOQ) and-the selection of the DB. This RFP schedule is subject to modification in the City's sole discretion: Advertise and Issue RFP Apri13, 2009 Mandatory Pre-Bid Workshop April 14, 2009 Proposals & SOQ Due May 1, 2009 City conducts Interviews with Qualified Candidates May 18-22, 2009 City Council Certifies DB June 2, 2009 PUBLIC DISCLOSURE Under the California Public Records Act Under the California Public Records Act (California Government Code Section 6250 et seq.) records in the custody of a public entity generally have to be disclosed unless the information being sought falls into one or more of the exemptions to disclosure set out in Government Code Sections 6254 through 6255. The cover letter of the submittal should contain a paragraph that states whether or not DBT believes that its submittal does or does not contain information that falls into one of the exemptions of Government Code Sections 6254 through 6255 and whether or not DBT considers such information to be confidential. In the absence of a declaration, City maybe obligated to disclose proposal to any party that requests it. Regardless of assertions of confidentiality, proposal contents may still be disclosed if City, or a court with jurisdiction, determines that such proposal is a public record requiring disclosure. SUBMITTAL REQUIREMENTS 573 All potential bidders must attend a mandatory Pre-Bid Workshop on April 14, 2009. The workshop, which will take place at 11 am at the Chula Vista Civic Center (276 Fourth Avenue, Chula Vista), will allow the City to clarify any questions from potential bidders about the RFP's scope and content. 2. The submittal deadline is May 1St 2009, no later than 5 :00 P.M. (PST) at the City of Chula Vista, Public Services Building -Engineering Department, 276 Fourth Avenue Bldg. 200 Chula Vista, CA 91910. 3. Five (5) single-spaced copies, no more than 50 pages in length excluding exhibits and appendices, are required for submittal. Submittals should be as brief as possible, while adequately describing how the DBT will approach the design build work program. Statement of Qualifications (SOQ) shall include: A letter of interest Understanding the project development process Summary of Qualifications Organizational Chart for project Team Design Build fee structure Resume (of key DB members) Detailed Design Build experience Client References Schedule of Rates Insurance Certification 4. The submittal should focus on previous experience developing public projects as well as knowledge of issues germane to large scale development projects, a demonstrated ability to implement creative solutions to complex planning issues and a demonstrated ability to complete complex tasks within the parameters of a fast-paced performance schedule and within the terms of the contract. The submittal shall also provide the name, title, address, and telephone number of individual(s) with authority to negotiate for the candidate and also who may be contacted during the period of submittal evaluation. 6. Statement of the DBT's ability, if selected, to enter into a City contract with the City of Chula Vista, and ability to avoid conflicts of interest on this or any other public or private projects. 7. Other Information 574 a. Description of insurance coverage for prime respondent and co- venture partner(s) (types of coverage and policy limits, deductible, exclusions, and outstanding claims). b. Description of in-house resources for prime respondent and co- venturepartner(s) (i.e., computer capabilities, software applications, model protocol, and modeling programs, etc.) c. Respondents should provide, on a strictly confident basis, the following information: 1) Audited financial statement for the last three years 2) List of prof ects completed in the last 5 years 3) List of projects currently under development, or construction with status, development schedule and financial commitment 4) List of prof ects currently involved in litigation or unresolved claims for the contract 7. Incomplete submittals, incorrect information, or late submittals may be cause for immediate disqualifications. VII CONTRACT TERMS AND CONDITIONS City retains the right to reject any or all submittals. All respondents should note that the execution of any contract pursuant to this RFP is dependent upon the approval of the Chula Vista City Council in its sole discretion. Selection is also dependent upon the negotiation of a mutually acceptable contract with the successful respondent. The contract shall be prepared on a form acceptable to the City. The form of compensation shall be negotiated. The City reserves the right to propose a variety of compensation structures, including: 1) time and materials not to exceed, 2) guaranteed lump sum, and 3) percentage of project costs. City reserves the right on a project specific basis to request insurance including but not limited to increased limits of Liability coverage, CA admitted carriers A.M. Best rated no less than A V, Additional Insured Endorsement which does not exclude Completed Operations, Excess Liability, Pollution Liability, E&0 /Professional Liability Extended Reporting Period excess of 2 years, Completed Operations Coverage of up to ten years, Contractor Controlled or "Wrap Up" Insurance Program, Bonds. Each submittal shall be valid for not less than one hundred and twenty (120) days from the date of receipt. The firm(s) selected to perform the work described in this RFP will be required to provide minimum evidence of insurance as follows: . g~75 1. Commercial General Liability insurance, ISO CG 0001 Occurrence form, with limits of not less than $1,000,000 per occurrence per project. Policy to include endorsement naming City of Chula Vista, its officers, officials, employees and volunteers as Additional Insured against all liability of the DB, its subcontractors, and its authorized representatives, arising out of, or in connection with, the performance of work under the contract with the City. Policy is to be endorsed to state it is Primary to any other insurance available to the City of Chula Vista and that insurer will provide THIRTY (30) days written notice to the City Clerk of the City of Chula Vista of cancellation or material change. 2. Commercial Automobile Liability Insurance, ISO CA 0001 form, Any Auto code, with a combined single limit of not less than $1,000,000,_covering bodily injury and property damage for owned, non-owned and hired automobiles, and name the City, its officers, officials, employees and volunteers as additional insureds. 3. Workers' Compensation and Employer's Liability insurance, for all employees who are normally engaged in Work at the Project Site, with Statutory Limits for Workers' Compensation and not less than Employer's Liability limit for Bodily injury by Accident $1,000,000, each accident Bodily Injury by Disease $1,000,000, Bodily Injury by Disease $1,000,000. A Waiver of Subrogation shall be endorsed to the policy naming the City of Chula Vista. 4. Professional Liability insurance shall be required of said firm for professional liability or errors and omissions insurance with a per claim limit of not less than $2,000,000 for services performed by the Design contractors and any subcontractors performing design services. The policy shall contain an extended reporting period of not less than 2 years. 5. Builder's Risk Property Insurance may be provided by the DB. The DB will add the City, its officials, officers, employees and volunteers as Loss Payee. The insurance shall waive any right of recovery under subrogation for those insured under this policy. The limit is to reflect full replacement cost of hard cost construction values. Perils are to be all risk excluding Earthquake and Flood. Perils are to include any transportation risk but is to exclude any equipment, machinery, tools, or property of similar nature, owned, rented or used by DB or contractors. 6. Other Provisions. Prior to beginning Work under the Agreement, each and every contractor of any tier shall furnish Certificates of Insurance satisfactory to the City. All such certificates will contain at least the following provisions: 5 ~7 6 a. Thirty (30) days written notice to the City prior to any cancellation, non-renewal or materials reduction in coverage. b. The words "will endeavor" and "but failure to mail such notice shall impose no such obligation or liability of any kind upon the company, its agents or representatives" will be deleted from the certificate. c. Throughout the life of the Agreement, each and every contractor of any tier shall pay for and maintain in full force and effect, with an insurer authorized by the California Insurance Commissioner to do business in the State of California, the policies evidenced herein. The City reserves the right to modify the insurance requirements or to substitute project insurance during contract negotiations. Bonds maybe required for individual projects as required by City Policy. End of Request for Proposals 5K77 ATTACHMENT D SAMPLE DESIGN BUILD AGREEMENT 5~7 8 083109 SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM -FORMULA GRANTS Table of Contents 1. RESOLUTION OF CONFLICTING CONDITIONS ..................................................................................1 2. AWARD AGREEMENT TERMS AND CONDITIONS ............................................................................1 3. AWARD PROJECT PERIOD AND BUDGET PERIODS .........................................................................1 4. STAGED DISBURSEMENT OF FUNDS ..................................................................................................1 5. PAYMENT PROCEDURES -ADVANCES THROUGH THE AUTOMATED STANDARD APPLICATION FOR PAYMENTS (ASAP) SYSTEM ..............................................................................2 6. INCREMENTAL FUNDING AND MAXMJM OBLIGATION -COEXTENSIVE BUDGET PERIOD AND PROJECT PERIOD, ...........................................................................................................................2 7. COST SHARING FFRDC'S NOT INVOLVED ..........................................................................................2 8. REBUDGETING AND RECOVERY OF INDIRECT COSTS ................................................:.................3 9. CEILING ON ADMINISTRATIVE COSTS ...............................................................................................4 10. LMTATIONS ON USE OF FUNDS .........................................................................................................4 11. PRE-AWARD COSTS .................................................................................................................................4 12. USE OF PROGRAM INCOME -ADDITION ............................................................................................4 13. STATEMENT OF FEDERAL STEWARDSHIP ........................................................................................4 14. SITE VISITS ................................................................................................................................................5 15. REPORTING REQUIItEMENTS ................................................................................................................5 16. PUBLICATIONS .........................................................................................................................................5 17. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS ....................................................................6 18. INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION ................................6 19. LOBBYING RESTRICTIONS .......................................................:............................................................6 20. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS - - SENSE OF CONGRESS ...........................................................................................................................6 21. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP ............................................................................6 22. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS ........................................6 23. DECONTAMINATION ANDlOR DECOMMISSIONING (D&D) COSTS ...............................:..............7 24. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) .........................................................................................7 25. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE RECOVERY ACT (MAY 2009) ...............................................................................................................11 26. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS -- SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) .........11 27. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS)-SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) ...........................................................................13 28. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT (MAY 2009)16 29. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECJPIENTS (MAY 2009) ..........................................................................:...............................................................................17 30. DAVIS BACON ACT REQUIREMENTS INLAY 2009) ..........................................................................17 31. HISTORIC PRESERVATION ..................................................................................................................25 ATTACHMENT 1-INTELLECTUAL PROPERT~C PROVISIONS ................................................................26 Not Specified/Other 5-79 083109 SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM -FORMULA GRANTS 1. RESOLUTION OF CONFLICTING CONDITIONS Any apparent inconsistency between Federal statutes and regulations and the terms and conditions contained in this award must be referred to the DOE Award Administrator for guidance. 2. AWARD AGREEMENT TERMS AND CONDITIONS This award/agreement consists of the Grant and Cooperative Agreement cover page, plus the following: a. Special terms and conditions. b. Attachments: Attachment No. Title Intellectual Property Provisions Project Activity Worksheet(s) are attached. If the Worksheet is for the Strategy, the grant will be amended to include additional Worksheets as activities are approved. Federal Assistance Reporting Checklist Budget Pages are attached. For Strategy, the SF-424A is attached, if it was included in the application. The grant will be amended to include additional Budget Pages as activities are approved. Davis-Bacon Act Wage Determination(s), if applicable. For Strategy awards, the Wage Determination will be included when activities are approved. Special Requirements, if applicable c. Applicable program regulations: Title V, Subtitle E of the Energy Independence Security Act (EISA) of 2007, Public Law 110-140. d. DOE Assistance Regulations, 10 CFR Part 600 at http://ecfr.gpoaccess.gov and if the award is for research and to a university or non-profit, the Research Terms & Conditions and the DOE Agency Specific Requirements at http://www.nsfgov/bfa/dias/policy/rtc/index jsp. e. Application/proposal as approved by DOE. f. National Policy Assurances to Be Incorporated as Award Terms in effect on date of award at http•//management energy.aov/business doe/1374.htm 3. AWARD PROJECT PERIOD AND BUDGET PERIODS The Project and Budget Periods for this award are concurrent fora 36-month period as indicated in Item No. 7 of the Assistance Agreement Face Page. 4. STAGED DISBURSEMENT OF FUNDS IXl IF MARKED THIS TERM IS APPLICABLE The tctal funding allocation for this award is shown in Block 13 of the Assistance Agreement Cover Page. However, funds will be released according to a staged disbursement schedule. All funds must be expended within 36 months of the effective date of the award. Not Specified/Other 5-80 083109 [ ]For Energy Efficiency Conservation Strategy (EEGs) Only awards, funds in the amount of $ [ ] is released to the Recipient to begin work on the EECS. The approved activities are listed in Attachment 2, Project Activity Worksheets. The remaining funds will be released for disbursement upon DOE approval of the EECS and amendment of the award to include the authorized Project Activity Worksheets. [X] Funds in the amount of $1,100,000 is released to the Recipient to begin work on the activities listed in Attachment 2, Project Activity Worksheets. The remaining funds will be released for disbursement upon DOE approval of additional activities and amendment of the award to include the authorized Project Activity Worksheets. j ]Funds in the amount of $ [ ] is released to the Recipient to begin work on administrative duties pending resolution of problematic issues such as eligibility, technical issues, NEPA, historic preservation, budgetary items, or similar issues. The remaining funds will be released upon successful resolution of these issues and amendment of the award. 5. PAYMENT PROCEDURES -ADVANCES THROUGH THE AUTOMATED STANDARD APPLICATION FOR PAYMENTS (ASAP) .SYSTEM IF MARKED THIS TERM DOES NOT APPL Y -SEE ATTACHMENT 6 a. Method of Payment. Payment will be made by advances through the Department of Treasury's ASAP system. b. Requesting Advances. Requests for advances must be made through the ASAP system. You may submit requests as frequently as required to meet your needs to disburse funds for the Federal share of project costs. If feasible, you should time each request so that you receive payment on the same day that you disburse funds for direct project costs and the proportionate share of any allowable indirect costs. If same-day transfers are not feasible, advance payments must be as close as is administratively feasible to actual disbursements. c. Adjusting payment requests for available cash. You must disburse any funds that are available from repayments to and interest earned on a revolving fund, program income, rebates,. refunds, contract settlements, audit recoveries, credits, discounts, and interest earned on any of those funds before requesting additional cash payments from DOE/NNSA. d. Payments. All payments are made by electronic funds transfer to the bank account identified on the ASAP Bank Information Form that you filed with the U.S. Department of Treasury. 6. INCREMENTAL FUNDING AND MAXIMUM OBLIGATION -COEXTENSIVE BUDGET PERIOD AND PROJECT PERIOD APPLICABLE ONL Y TO INCREMENTALL Y FUNDED AWARDS. This award is funded on an incremental basis. The maximum obligation of the DOE/NNSA is limited to the amount shown on the Agreement Face Page. You are not obligated to continue performance of the project beyond the total amount obligated and your pro rata share of the project costs, if cost sharing is required. Additional funding is contingent upon the availability of appropriated funds and substantial progress towards meeting the objectives of the award. 7. COST SHARING FFRDC'S NOT INVOLVED APPLICABLE ONL Y IF COST SHARING IS INCL UDED IN THE AWARD. a. Total Estimated Project Cost is the sum of the Government share and Recipient share of the estimated Not Specified/Other 5-81 083109 project costs. The Recipient's cost share must come from non-Federal sources unless otherwise allowed by law. By accepting federal funds under this award, you agree that you are liable for your percentage share of total allowable project costs, on a budget period basis, even if the project is terminated early or is not funded to its completion. This cost is shared as follows: Budget Budget Government Share Recipient Share Total Estimated Cost Period Period Start $/% $/% No. 1 09/21/2009 $1,974,300 / 59% $1,395,000 / 41% $3,369,300 Total Pro'ect b. If you discover that you may be unable to provide cost sharing of at least the amount identified in paragraph a of this article, you should immediately provide written notification to the DOE Award Administrator indicating whether you will continue or phase out the project. If you plan to continue the project, the notification must describe how replacement cost sharing will be secured. c. You must maintain records of all project costs that you claim as cost sharing, including in-kind costs, as well as records of costs to be paid by DOE/NNSA. Such records are subject to audit. d. Failure to provide the_ cost sharing required by this Article may result in the subsequent recovery by DOE/NNSA of some or all the funds provided under the award. 8. REBUDGETING AND RECOVERY OF INDIRECT COSTS THE APPLICABLE TERM IS MARKED BELOW. [ J REBUDGETING AND RECOVERY OF INDIRECT COSTS - REIlVIBURSABLE INDIRECT COSTS AND FRINGE BENEFITS a. If actual allowable indirect costs and fringe benefits are less than those budgeted and funded under the award, you may use the difference to pay additional allowable direct costs during the project period. If at the completion of the award the Government's share of total allowable costs (i.e., direct, indirect, fringe benefits), is less than the total costs reimbursed, you must refund the difference. b. Recipients are expected to manage their indirect costs and fringe benefits. DOE will not amend an award solely to provide additional funds for changes in indirect costs and fringe benefits. DOE recognizes that the inability to obtain full reimbursement for indirect costs and fringe benefits means the recipient must absorb the underrecovery. Such underrecovery may be allocated as part of the organization's required cost sharing. [XJ REBUDGETING AND RECOVERY OF INDIRECT COSTS -REIMBURSABLE ]NDIItECT COSTS a. If actual allowable indirect costs are less than those budgeted and funded under the award, you may use the difference to pay additional allowable direct costs during the project period. If at the completion of the award the Government's share of total allowable costs (i.e., direct and indirect), is less than the total costs reimbursed, you must refund the difference. b. Recipients are expected to manage their indirect costs. DOE will not amend an award solely to provide additional funds for changes in indirect cost rates. DOE recognizes that the inability to obtain full reimbursement for indirect costs means the recipient must absorb the underrecovery. Such underreeovery may be allocated as part of the organization's required cost sharing. c. The budget for this award includes indirect costs, but does not include fringe benefits. Therefore, fringe benefit costs shall not be charged to nor shall reimbursement be requested for Not Specified/Other 5-82 083109 this project nor shall the fringe benefit costs for this project be allocated to any other federally sponsored project. In addition, fringe benefit costs shall not be counted as cost share unless approved by the Contracting Officer. [ ] REBUDGETING AND RECOVERY OF INDIRECT COSTS -INDIRECT COSTS AND FRINGE BENEFITS ARE NOT REIlVIBURSABLE The budget for this award does not include indirect costs or fringe benefits. Therefore, these expenses shall not be charged to nor reimbursement requested for this project nor shall the fringe and indirect costs from this project be allocated to any other federally sponsored project. In addition, indirect costs or fringe benefits shall not be counted as cost share unless approved by the Contracting Officer. - 9. CEILING ON ADMINISTRATIVE COSTS a. Recipients may not use more than 10 percent of amounts provided under this program, or $75,000, whichever is greater (EISA Sec 545(b)(3)(A), for administrative expenses, excluding the costs of meeting the reporting requirements under Title V, Subtitle E of EISA. These costs should be captured and summarized for each activating under the Projected Costs Within Budget: Administration. b. Recipients are expected to manage their administrative costs. DOE will not amend an award solely to provide additional funds for changes in administrative costs. The Recipient shall not be reimbursed on this project for any final administrative costs that are in excess of the designated 10 percent administrative cost ceiling. In addition, the Recipient shall neither count costs in excess of the administrative cost ceiling as cost share, nor allocate such costs to other federally sponsored projects, unless approved by the Contracting Officer. 10. LIMITATIONS ON USE OF FUNDS a. Recipients may not use more than 20 percent or $250,000, whichever is greater (EISA Sec 545(b)(3)(B), for the establishment of revolving loan funds. b. Recipients may not use more than 20 percent or $250,000, whichever is greater (EISA Sec 545(b)(3)(C), for subgrants to nongovernmental organizations for the purpose of assisting in the implementation of the energy efficiency and conservation strategy of the eligible unit of local government. 11. PRE-AWARD COSTS APPLICABLE ONLYIF COMPLETED BELOW. You are entitled to reimbursement for preaward costs in the amount of $[ ]for the period from [MonthDayYear] to [MonthDayYear] in accordance with your request dated [NlonthDayYear] if such costs are allowable in accordance with the applicable Federal cost principles referenced in 10 CFR Part 600. 12. USE OF PROGRAM INCOME -ADDITION If you earn program income during the project period as a result of this award, you may add the program income to the funds committed to the award and use it to further eligible project objectives. 13. STATEMENT OF FEDERAL STEWARDSHIP DOE/NNSA will exercise normal Federal stewardship in overseeing the project activities performed under this award. Stewardship activities include, but are not limited to, conducting site visits; reviewing performance and financial reports; providing technical assistance and/or temporary intervention in unusual Not Specified/Other 5-83 083109 circumstances to correct deficiencies which develop during the project; assuring compliance with terms and conditions; and reviewing technical performance after project completion to ensure that the award objectives have been accomplished. 14. SITE VISITS . DOE's authorized representatives have the right to make site visits at reasonable times to review project accomplishments and management control systems and to provide technical assistance, if required. You must provide, and must require your subawardees to provide, reasonable access to facilities, office space, resources, and assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations must be performed in a manner that does not unduly interfere with or delay the work. _ _ 15. REPORTING REQUIREMENTS a. Requirements. The reporting requirements for this award are identified on the Federal Assistance Reporting Checklist, DOE F 4600.2, attached to this award. Failure to comply with these reporting requirements is considered a material noncompliance with the terms of the award. Noncompliance may result in withholding of future payments, suspension, or termination of the current award, and withholding of future awards. A willful failure to perform, a history of failure to perform, or unsatisfactory performance of this and/or other financial assistance awards, may also result in a debarment action to preclude future awards by Federal agencies. b. Dissemination of scientific/technical reports. Scientific/technical reports submitted under this award will be disseminated on the Internet via the DOE Information Bridge (www.osti.gov/bridge), unless the report contains patentable material, protected data, or SBIR/STTR data. Citations for journal articles produced under the award will appear on the DOE Energy Citations Database (~vww osti Gov/enerwcitations). c. Restrictions. Reports submitted to the DOE Information Bridge must not contain any Protected Personal Identifiable Information (PII); limited rights data (proprietary data), classified information, information subject to export control classification, or other information not subject to release. 16. PUBLICATIONS a. You are encouraged to publish or otherwise make publicly available the results of the work conducted under the award. b. An acknowledgment of Federal support and a disclaimer must appear in the publication of any material, whether copyrighted or not, based on or developed under this project, as follows: Acknowledgment: "This material is based upon work supported by the Department of Energy under Award Number DE-S00002295" Disclaimer: "This report was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor any agency thereof, nor any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Government or any agency thereof. The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof." Not Specified/Other 5-84 083109 17. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS You must obtain any required permits and comply with applicable federal, state, and municipal laws, codes, and regulations for work performed under this award. 18. INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION a. The intellectual property provisions applicable to this award are provided as an attachment to this award or aze referenced on the Agreement Face Page. A list of all intellectual property provisions may be found at http•//wvvw sc doe 2ovifinancial assistance awazds.htm. b. Questions regarding intellectual property matters should be referred to the DOE Award Administrator and the Patent Counsel designated as the service provider for the DOE office that issued the award. The IP Service Providers List is found at htip//www ec doe gov/documents/Intellectual Property (IPl Service Providers for Acquisition.pdf 19. LOBBYING RESTRICTIONS By accepting funds under this award, you agree that none of the funds obligated on the awazd shall be expended, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913. This restriction is in addition to those prescribed elsewhere in statute and regulation. 20. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS -- SENSE OF CONGRESS It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this award should be American-made. 21. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP a. You shall immediately notify the DOE of the occurrence of any of the following events: (i) you or your pazent's filing of a voluntary case seeking liquidation or reorganization under the Bankruptcy Act; (ii) your consent to the institution of an involuntary case under the Banlo-uptcy Act against you or your parent; (iii) the filing of any similaz proceeding for or against you or your pazent, or its consent to, the dissolution, winding-up or readjustment of your debts, appointment of a receiver, conservator, trustee, or other officer with similaz powers over you, under any other applicable state or federal law; or (iv) your insolvency due to your inability to pay your debts generally as they become due. b. Such notification shall be in writing and shall: (i) specifically set out the details of the occurrence of an event referenced in paragraph a; (ii) provide the facts surrounding that event; and (iii) provide the impact such event will have on the project being funded by this award. c. Upon the occurrence of any of the four events described in the first paragraph, DOE reserves the right to conduct a review of your awazd to determine your compliance with the required elements of the awazd (including such items as cost share, progress towards technical project objectives, and submission of required reports). If the DOE review determines that there aze significant deficiencies or concerns with your performance under the awazd, DOE reserves the right to impose additional requirements, as needed, including (i) change your payment method; or (ii) institute payment controls. d. Failure of the Recipient to comply with this provision may be considered a material noncompliance of this financial assistance awazd by the Contracting Officer. 22. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS You are restricted from taking any action using Federal funds, which would have an adverse effect on the Not Specified/Other 5-85 083109 environment or limit the choice of reasonable alternatives prior to DOE/NNSA providing either a NEPA clearance or a final NEPA decision regarding this project. PROHIBITED ACTIONS INCLUDE ANY ACTIVITIES RELATED TO THE MUNIPAL SOLAR INSTALLATION PROJECT EXCEPT THE ASSESSMENT. Other prohibited activities include any project activities that are not included in Attachment 2 of this award. This restriction does not preclude you from approved project activities included in Attachment 2 of this award. HOWEVER, FURTHER ACTIVITIES RELATED TO THE MUNICIPAL SOLAR INSTALLATION PROJECT REQUIRE PRIOR APPROVAL BY THE DOE NEPA COMPLL~NCE OFFICER AND UNILATERAL MODIFICATION OF THE AWARD AGREEMENT. EECBG FUNDING ($874,300.00) WILL BE WTTHHELD FOR MUNICPAL SOLAR INSTALLATION UNTIL THIS CONDITION HAS BEEN SATISFIED. If you move forward with activities that are not authorized for federal funding by the DOE Contracting Officer in advance of the final NEPA decision, you are doing so at risk o_f not receiving federal funding and such costs may not be recognized as allowable cost share. If this award includes construction activities, you must submit an environmental evaluation report/evaluation notification form addressing NEPA issues prior to DOE/NNSA initiating the NEPA process. 23. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS Notwithstanding any other provisions of this Agreement, the Government shall not be responsible for or have any obligation to the recipient for (i) Decontamination and/or Decommissioning (D&D) of any of the recipient's facilities, or (ii) any costs which may be incurred by the recipient in connection with the D&D of any of its facilities due to the performance of the work under this Agreement, whether said work was performed prior to or subsequent to the effective date of this Agreement. 24. SPECL4L PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) Preamble The American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act) was enacted to preserve and create jobs and promote economic recovery, assist those most impacted by the recession, provide investments needed to increase economic efficiency by spurring technological advances in science and health, invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits, stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive State and local tax increases. Recipients shall use grant funds in a manner that maximizes job creation and economic benefit. The Recipient shall comply with all terms and conditions in the Recovery Act relating generally to governance, accountability, transparency, data collection and resources as specified in Act itself and as discussed below. Recipients should begin planning activities for their first tier subrecipients, including obtaining a DUNS number (or updating the existing DUNS record), and registering with the Central Contractor Registration (CCR). Be advised that Recovery Act funds can be used in conjunction with other funding as necessary to complete projects, but tracking and reporting must be separate to meet the reporting requirements of the Recovery Act and related guidance. For projects funded by sources other than the Recovery Act, Contractors must keep separate records for Recovery Act funds and to ensure those records comply with the requirements of the Act. The Government has not fully developed the implementing instructions of the Recovery Act, particularly concerning specific procedural requirements for the new reporting requirements. The Recipient will be provided these details as they become available. The Recipient must comply with all requirements of the Not Specified/Other 5-86 083109 Act. If the recipient.believes there is any inconsistency between ARRA requirements and current award terms and conditions, the issues will be referred to the Contracting Officer for reconciliation. Definitions For purposes of this clause, Covered Funds means funds expended or obligated from appropriations under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5. Covered Funds will have special accounting codes and will be identified as Recovery Act funds in the grant, cooperative agreement or TIA and/or modification using Recovery Act funds. Covered Funds must be reimbursed by September 30, 2015. Non-Federal employer means any employer with respect to covered funds -the contractor, subcontractor, grantee, or recipient, as the case may be, if the contractor, subcontractor, grantee, or recipient is an employer; and any professional membership organization,. certification of other professional body, any agent or licensee of the Federal government, or any person acting duectly or indirectly in the interest of an employer receiving covered funds; or with respect to covered funds received by a State or local government, the State or local government receiving the funds and any contractor or subcontractor receiving the funds and any contractor or subcontractor of the State or local government; and does not mean any department, agency, or other entity of the federal government. Recipient means any entity that receives Recovery Act funds directly from the Federal government (including Recovery Act funds received through grant, loan, or contract) other than an individual and includes a State that receives Recovery Act Funds. Special Provisions A. Flow Down Requirement Recipients must include these special terms and conditions in any subaward. B. SesreQation of Costs Recipients must segregate the obligations and expenditures related to funding under the Recovery Act. Financial and accounting systems should be revised as necessary to segregate, track and maintain these funds apart and separate from other revenue streams. No part of the funds from the Recovery Act shall be commingled with any other funds or used for a purpose other than that of making payments for costs allowable for Recovery Act projects. Prohibition on Use of Funds None of the funds provided under this agreement derived from the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may be used by any State or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. C. Access to Records With respect to each financial assistance agreement awarded utilizing at least some of the funds appropriated or otherwise made available by the Americari Recovery and Reinvestment Act of 2009, Pub. L. 111-5, any representative of an appropriate inspector general appointed under section 3 or 8G of the Inspector General Act of 1988 (5 U.S.C. App.) or of the Comptroller General is authorized - (1) to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agency administering such contract that pertain to, and involve transactions relation to, the subcontract, subcontract, grant, or subgrant; and Not Specified/Other 5-87 083109 (2) to interview any officer or employee of the contractor, grantee, subgrantee, or agency regarding such transactions. D. Publication An application may contain technical data and other data, including trade secrets and/or privileged or confidential information, which the applicant does not want disclosed to the public or used by the Govemment for any purpose other than the application. To protect such data, the applicant should specifically identify each page including each line or paragraph thereof containing the data to be protected and mark the cover sheet of the application with the following Notice as well as referring to the Notice on each page to which the Notice applies: Notice of Restriction on Disclosure and Use of Data The data contained in pages ---- of this application have been submitted in confidence and contain trade secrets or proprietary information, and such data shall be used or disclosed only for evaluation purposes, provided that if this applicant receives an award as a result of or in connection with the submission of this application, DOE shall have the right to use or disclose the data here to the extent provided in the award. This restriction does not limit the Government's right to use or disclose data obtained without restriction from any source, including the applicant. Information about this agreement will be published on the Internet and linked to the website www.recovery.gov ,maintained by the Accountability and Transparency Board. The Board may exclude posting contractual or other information on the website on a case-by-case basis when necessary to protect national security or to protect information that is not subject to disclosure under sections 552 and 552a of title 5, United States Code. E. Protecting State and Local Government and Contractor Whistleblowers The requirements of Section 1553 of the Act are summarized below. They include, but are not limited to: Prohibition on Reprisals: An employee of any non-Federal employer receiving covered funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing, including a disclosure made in the ordinary course of an employee's duties, to the Accountability and Transparency Board, an inspector general, the Comptroller General, a member of Congress, a State or Federal regulatory or law enforcement agency, a person with supervisory authority over the employee (or other person working for the employer who has the authority to investigate, discover or terminate misconduct, a court or grant jury, the head of a Federal agency, or their representatives information that the employee believes is evidence of: • gross management of an agency contract or grant relating to covered funds; • a gross waste of covered funds • a substantial and specific danger to public health or safety related to the implementation or use of covered funds; • an abuse of authority related to the implementation or use of covered funds; or • as violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) or grant, awarded or issued relating to covered funds. Agency Action: Not later than 30 days after receiving an inspector general report of an alleged reprisal, the head of the agency shall determine whether there is sufficient basis to conclude that the non-Federal employer has subjected the employee to a prohibited reprisal. The agency shall either issue an order denying relief in whole or in part or shall take one or more of the following actions: • Order the employer to take affirmative action to abate the reprisal. • Order the employer to reinstate the person to the position that the person held before the reprisal, together with compensation including back pay, compensatory damages, employment benefits, Not Specified/Other 5-88 083109 and other terms and conditions of employment that would apply to the person in that position if the reprisal had not been taken. • Order the employer to pay the employee an amount equal to the aggregate amount of all costs and expenses (including attorneys' fees and expert witnesses' fees) that were reasonably incurred by the employee for or in connection with, bringing the complaint regarding the reprisal, as determined by the head of a court of competent jurisdiction. Nonenforceablity of Certain Provisions Waiving Rights and remedies or Requiring Arbitration: Except as provided in a collective bargaining agreement, the rights and remedies provided to aggrieved employees by this section may not be waived by any agreement, policy, form, or condition of employment, including any predispute arbitration agreement. No predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a dispute arising out of this section. Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, shall post notice of the rights and remedies as required therein. (Refer to section 1553 of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, www.Recovery.gov, for specific requirements of this section and prescribed language for the notices.). F. Request for Reimbursement Reserved G. False Claims Act Recipient and sub-recipients shall promptly refer to the DOE or other appropriate Inspector General any credible evidence that a principal, employee, agent, contractor, sub-grantee, subcontractor or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict or interest, bribery, gratuity or similar misconduct involving those funds. H. Information in supportive of Recovery Act Reportine Recipient may be required to submit backup documentation for expenditures of funds under the Recovery Act including such items as timecards and invoices. Recipient shall provide copies of backup documentation at the request of the Contracting Officer or designee. I. Availabilit~of Funds Funds appropriated under the Recovery Act and obligated to this award are available for reimbursement of costs until September 30, 2015. 7. Additional Funding_Distribution and Assurance of Appropriate Use of Funds Applicable if award is to a State Government or an Aaencv Certification by Governor -- Not later than Apri13, 2009, for funds provided to any State or agency thereof by the American Reinvestment and Recovery Act of 2009, Pub. L. 111-5, the Governor of the State shall certify that: 1) the state will request and use funds provided by the Act; and 2) the funds will be used to create jobs and promote economic growth. Acceptance by State Legislature -- If funds provided to any State in any division of the Act are not accepted for use by the Governor, then acceptance by the State legislature, by means of the adoption of a concurrent resolution, shall be sufficient to provide funding to such State. Distribution -After adoption of a State legislature's concurrent resolution, funding to the State will be Not Specified/Other 10 5-89 083109 for distribution to local governments, councils of government, public entities, and public_private entities within the State either by formula or at the State's discretion. K. Certifications With respect to funds made available to State or local governments for infrastructure investments under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, the Governor, mayor, or other chief executive, as appropriate, certified by acceptance of this award that the infrastructure investment has received the full review and vetting required by law and that the chief executive accepts responsibility that the infrastructure investment is an appropriate use of taxpayer dollars. Recipient shall provide an additional certification that includes a description of the investment, the estimated total cost, and the amount of covered funds to be used for posting on the Internet. A State or local agency may not receive infrastructure investment funding from funds made available by the Act unless this certification is made and posted. 25. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE RECOVERY ACT (MAY 2009) a. This award requires the recipient to complete projects or activities which are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act) and to report on use of Recovery Act funds provided through this award. Information from these reports will be made available to the public. b. The reports are due no later than ten calendar days after each calendar quarter in which the recipient receives the assistance award funded in whole or in part by the Recovery Act. c. Recipients and their first-tier recipients must maintain current registrations in the Central Contractor Registration (http://www.ccr.gov) at all times during which they have. active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (http://www.dnb.com) is one of the requirements for registration in the Central Contractor Registration. d. The recipient shall report the information described in section 1512(c) of the Recovery Act using the reporting instructions and data elements that will be provided online at http:l/www.FederalReporting.gov and ensure that any information that is pre-filled is corrected or updated as needed. 26. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS -- SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) THISAWARD TERM IS APPLICABLE TO ANYRECOVERYACT FUNDS FOR CONSTRUCTION ALTERATION MAINTENANCE OR REPAIR OFA PUBLICBUILDING OR PUBLIC WORK AND THE TOTAL PROJECT VALUE IS ESTIMATED LESS THAN $7 443 000. THIS AWARD TERM ALSO APPLIES TO ALL SUBGRANTS AND CONTRACTS. a. Definitions. As used in this award term and condition-- (1) Manufactured good means a good brought to the construction site for incorporation into the building or work that has been- (i) Processed into a specific form and shape; or (ii) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. (2) Public building and public work means a public building of, and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor Not Specified/Other 11 5-90 083109 outlying islands of the United States; State and local governments; and multi-State, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. (3) Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. b. Domestic preference. (1) This award term and condition implements Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111-5), by requiring that all iron, steel, and manufactured goods used in the project are produced in the United States except as provided in paragraph (b)(3) and (b)(4) of this section and condition. (2) This requirement does not apply to the material listed by the Federal Government as follows: None (3) The award official may add other iron, steel, and/or manufactured goods to the list in paragraph (b)(2) of this section and condition if the Federal Government determines that-- (i) The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of domestic iron, steel, or manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the cost of the overall project by more than 25 percent; (ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public interest. c. Request for determination of inapplicability of Section 1605 of the Recovery Act . (1) (i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph (b)(3) of this section shall include adequate information for Federal Government valuation of the request, including- . (A) A description of the foreign and domestic iron, steel, and/or manufactured goods; (B) Unit of measure; (C) Quantity; (D) Cost; (E) Time of delivery or availability; (F) Location of the project; (G) Name and address of the proposed supplier; and (I~ A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in accordance with paragraph (b)(3) of this section. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this section. (iii) The cost of iron, steel, and/or manufactured goods material shall include all delivery costs to the construction site and any applicable duty. (iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a project for construction, alteration, maintenance, or repair shall explain why the recipient could not reasonably foresee the need for such determination and could not have requested the determination before the funds were obligated. If the recipient does not submit a satisfactory explanation, the award official need not make a determination. Not Specified/Other 12 5-91 083109 (2) If the Federal Government determines after funds have been obligated for a project for construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award official will amend the award to allow use of the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is nonavailability or public interest, the amended award shall reflect adjustment of the award amount, redistribution of budgeted funds, and/or other actions taken to cover costs associated with acquiring or using the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, the award official shall adjust the award amount or redistribute budgeted funds by at least the differential established in 2 CFR 176.110(a). (3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods is noncompliant with section 1605 of the American Recovery and Reinvestment Act. d. Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cost, the Recipient shall include the following information and any applicable supporting data based on the survey of suppliers: Foreign and Domestic Items Cost Comparison Description Unit of Measure Quantity Cost dollars Item 1: Forei steel, iron, or manufactured ood Domestic steel, iron, or manufactured ood Item 2: Forei steel, iron , or manufactured ood Domestic steel, iron, or manufactured ood List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary. Include other applicable supporting information. *Include all delivery costs to the construction site. 27. REQUIRED USE OF AMERICAN IRON, STEEL, AND ivIANUFACTURED GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS)--SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) THIS AWARD TERM IS APPLICABLE TO ANY RECOVERYACT FUNDS FOR CONSTRUCTION. ALTERATION MAINTENANCE OR REPAIR OFA PUBLIC BUILDING OR PUBLIC WORK WITHA TOTAL PROJECT VALUE OVER $7 443 000 THAT INVOLVES IRON. STEEL. AND/OR MANUFACTURED GOODS MATERIALS COVERED UNDER INTERNATIONAL AGREEMENTS THIS AWARD TERM ALSO APPLIES TO ALL SUBGRANTS AND CONTRACTS. a. Definitions. As used in this award term and condition- Not Specified/Other 13 5-92 083109 Designated country - (1) A World Trade Organization Government 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, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and United Kingdom; (2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore); or _ . (3) A United States-European Communities Exchange of Letters (May 15, 1995) country: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden; and United Kingdom. Designated country iron, steel, and/or manufactured goods - (1) Is wholly the growth, product, or manufacture of a designated country; or (2) In the case of a manufactured good that consist in whole or in part of materials from another country, has been substantially transformed in a designated country into a new and different manufactured good distinct from the materials from which it was transformed. Domestic iron, steel, and/or manufactured good - (1) Is wholly the growth, product, or manufacture of the United States; or (2) In the case of a manufactured good that consists in whole or in part of materials from another country, has been substantially transformed in the United States into a new and different manufactured good distinct from the materials from which it was transformed. There is no requirement with regard to the origin of components or subcomponents in manufactured goods or products, as long as the manufacture of the goods occurs in the United States. Foreign iron, steel, and/or manufactured good means iron, steel and/or manufactured good that is not domestic or designated country iron, steel, and/or manufactured good. Manufactured good means a good brought to the construction site for incorporation into the building or work that has been-- (1) Processed into a specific form and shape; or (2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. Public building and public work means a public building of, and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State arid local governments; and multi-State, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. Not Specified/Other 14 5-93 083109 Steel means an alloy that includes at least 50 percent iron, between .02~and 2 percent carbon, and may include other elements. b. Iron, steel, and manufactured goods. (1) The award term and condition described in this section implements-- (i) Section 1605(a) of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111--5) (Recovery Act), by requiring that all iron, steel, and manufactured goods used in the project are produced in the United States; and (ii) Section 1605(d), which requires application of the Buy American requirement in a manner consistent with U.S. obligations under international agreements. The restrictions of section 1605 of the Recovery Act do not apply to designated. country iron, steel, and/or manufactured goods. The Buy American requirement in section 1605 shall not be applied where the iron, steel or manufactured goods used in the project aze from a Party to an international agreement that obligates the recipient to treat the goods and services of that Party the same as domestic goods and services. This obligation shall only apply to projects with an estimated value of $7,443,000 or more. (2) The recipient shall use only domestic or designated country iron, steel, and manufactured goods in performing the work funded in whole or part with this award, except as provided in pazagraphs (b)(3) and (b)(4) of this section. (3) The requirement in paragraph (b)(2) of this section does not apply to the iron, steel, and manufactured goods listed by the Federal Government as follows: None (4) The award official may add other iron, steel, and manufactured goods to the list in paragraph (b)(3) of this section if the Federal Government determines that-- (i) The cost of domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of domestic iron, steel, and/or manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the overall cost of the project by more than 25 percent; (ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality; or (iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public interest. c. Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy American Act. (1) (i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph (b)(4) of this section shall include adequate information for Federal Government evaluation of the request, including-- (A) A description of the foreign and domestic iron, steel, and/or manufactured goods; (B) Unit of measure; (C) Quantity; (D) Cost; (E) Time of delivery or availability; (F) Location of the project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in accordance with paragraph (b)(4) of this section. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this section. (iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to the Not Specified/Other 15 5-94 083109 construction site and any applicable duty. (iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a prof ect for construction, alteration, maintenance, or repair shall explain why the recipient could not reasonably foresee the need for such determination and could not have requested the determination before the funds were obligated. If the recipient does not submit a satisfactory explanation, the award official need not make a deternnation. (2) If the Federal Government determines after funds have been obligated for a project for construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award official will amend the award to allow use of the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is nonavailability or public interest, the amended award shall reflect adjustment of the award amount, redistribution of budgeted funds, and/or other appropriate actions taken to cover costs associated with acquiring or using the foreign iron, steel, and/or relevant manufactured goods.. When the basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, the award official shall adjust the award amount or redistribute budgeted funds, as appropriate, by at least the differential established in 2 CFR 176.110(a). (3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods other than designated country iron, steel, and/or manufactured goods is noncompliant with the applicable Act. d. Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cost, the applicant shall include the following information and any applicable supporting data based on the survey of suppliers: Foreign and Domestic Items Cost Comparison Description Unit of Measure Quantity Cost dollars Item 1: Forei steel, iron, or manufactured ood Domestic steel, iron, or manufactured ood Item 1: Forei steel, iron , or manufactured ood T~omestic steel. iron, or manufactured ood List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary. Include other applicable supporting information. *Include all delivery costs to the construction site. 28. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF TAE RECOVERY ACT (MAY 2009) THIS AWARD TERM IS APPLICABLE TO RECOVERY ACT PROGRAMS OR ACTIVITIES THAT MAY INVOL VE CONSTRUCTION ALTERATION MAINTENANCE OR REPAIR. THIS AWARD TERM ALSO APPLIES TO ALL SUBGRANTS AND CONTRACTS. Not Specified/Other 16 5-95 083109 a. Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter N of chapter 31 of title 40, United States Code. Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued regulations at 29 CFR parts 1, 3, and 5 to implement the Davis-Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis-Bacon contract clauses set forth in that section. Federal agencies providing grants, cooperative agreements, and loans under the Recovery Act shall ensure that the standard Davis-Bacon contract clauses found in 29 CFR 5.5(a) are incorporated in any resultant covered contracts that are in excess of $2,000 for construction, alteration or repair (including painting and decorating). b. For additional guidance on the wage rate requirements of section 1606, contact your awarding agency. Recipients of grants, cooperative agreements and loans should direct their initial inquiries concerning the application of Davis-Bacon requirements to a particular federally assisted project to the Federal agency funding the project. The Secretary of Labor retains final coverage authority under Reorganization Plan Number 14. 29. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS (MAY 2009) a. To maximize the transparency and accountability of funds authorized under the American Recovery and Reinvestment Act of 2009 (Pub. L. 111--5) (Recovery Act) as required by Congress and in accordance with.2 CFR 215.21 "Uniform Administrative Requirements for Grants and Agreements" and OMB Circular A-102 Common Rules provisions, recipients agree to maintain records that identify adequately the source and application of Recovery Act funds. OMB Circular A--102 is available at http://www.whitehouse.gov/omb/circulars/a102/a102.htm1 b. For recipients covered by the Single Audit Act Amendments of 1996 and ONIB Circular A--133, "Audits of States, Local Governments, and Non-Profit Organizations," recipients agree to separately identify the expenditures for Federal awazds under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF--SAC) required by OMB Circular A-- 133. OMB Circular A--133 is available at http://www.whitehouse.gov/omb/circulars/a133/a133.htm1. This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF--SAC by CFDA number, and inclusion of the prefix "ARRA-" in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF--SAC. c. Recipients agree to separately identify to each subrecipient, and document at the time of subawazd and at the time of disbursement of funds, the Federal award number, CFDA number, and amount of Recovery Act funds. When a recipient awards Recovery Act funds for an existing program, the information furnished to subrecipients shall distinguish the subawazds of incremental Recovery Act funds from regulaz subawazds under the existing program. d. Recipients agree to require their subrecipients to include on their SEFA information to specifically identify Recovery Act funding similar to the requirements for the recipient SEFA described above. This information is needed to allow the recipient to properly monitor subrecipient expenditure of ARRA funds as well as oversight by the Federal awarding agencies, Offices of Inspector General and the Government Accountability Office. 30. DAVIS BACON ACT REQUIREMENTS (MAY 2009) THIS AWARD TERM IS APPLICABLE TO ARRA AWARDS WHEN WAGE RATE Not Specified/Other 17 5-96 083109 REQUIREMENTS UNDER SECTION 1606 OF THE RECOVER YACT TERM IS APPLICABLE. THIS AWARD TERM IS ALSO APPLICABLE TO SUBGRANTS AND CONTRACTS. Note: Where necessary to make the context of these articles applicable to this award, the term "Contractor" shall mean "Recipient" and the term "Subcontractor" shall mean "Subrecipient or Subcontractor" per the following definitions. Recipient means the organization, individual, or other entity that receives an award from DOE and is financially accountable for the use of any DOE funds or property provided for the performance of the project, and is legally responsible for carrying out the terms and conditions ofthe award. Subrecipient means the legal entity to which a subawazd is made and which is accountable to the recipient for the use of the funds provided. The term may include foreign or international organizations (such as agencies of the United Nations). Davis-Bacon Act (a) Definition.-"Site of the work"- (1) Means-- (i) The primary site of the work. The physical place or places where the construction called for in the award will remain when work on it is completed; and (ii) The secondary site of the work, if any. Any other site where a significant portion of the building or work is constructed, provided that such site is- (A) Located in the United States; and (B) Established specifically for the performance of the award or prof ect; (2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided- (i) They are dedicated exclusively, or nearly so, to performance of the awazd or project; and (ii) They are adjacent or virtually adjacent to the "primary site of the work" as defined in paragraph (a)(1)(i), or the "secondary site of the work" as defined in paragraph (a)(1)(ii) of this definition; (3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a Contractor or subcontractor whose locations and continuance in operation are determined wholly without regazd to a particular Federal award or project. In addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which aze established by a supplier of materials for the project before opening of bids and not on the Project site, are not included in the "site of the work." Such permanent, previously established facilities are not a part of the "site of the work" even if the operations for a period of time may be dedicated exclusively or nearly so, to the performance of a award. (b) (1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as aze permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, or as may be incorporated for a secondary site of the work, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Any wage determination incorporated for a secondary site of the work shall be effective from the first day on which work under the award was performed at that site and shall be incorporated without any adjustment in award price or estimated cost. Laborers employed by the construction Contractor or construction subcontractor that are transporting portions of the building or work between the secondary site of the work and the primary site of the work shall be Not Specified/Other 18 5-97 083109 paid in accordance with the wage determination applicable to the primary site of the work. (2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, sub}ect to the provisions of paragraph (e) of this article; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such period. (3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in the article entitled Apprentices and Trainees. Laborers or mechanics performing work in more than one classification maybe compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. (4) The wage determination (including any additional classifications and wage rates conformed under paragraph (c) of this article) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. c. (1) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the award shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when all the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination. (ii) The classification is utilized in the area by the construction industry. (iii) The proposed wage rate, including any. bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives and the Contracting Officer agree on the classification and wage rate (including the amount designated for fi-inge benefits, where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the: Wage and Hour Division Employment Standards Administration U.S. Department of Labor Washington, DC 20210 The Administrator or an authorized representative will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. (3) In the event the Contractor, the laborers or mechanics to be employed in the classification, or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. Not Specified/Other 19 5-98 083109 (4) The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs (c)(2) and (c)(3) of this article shall be paid to all workers performing work in the classification under this award from the first day on which work is performed in the classification. (d) Whenever the minimum wage rate prescribed in the award for a class of laborers or mechanics includes a fi-inge benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fi-inge benefit or an hourly cash equivalent thereof. (e) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer of mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. Rates of Wages The minimum wages to be paid laborers and mechanics under this award involved in performance of work at the project site, as determined by the Secretary of Labor to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the pertinent locality, are included as an attachment to this award. These wage rates are minimum rates and are not intended to represent the actual wage rates that the Contractor may have to pay. Payrolls and Basic Records (a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under paragraph (d) of the article entitled Davis-Bacon Act, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (b) (1) The Contractor shall submit weekly for each week in which any award work is performed a copy of all payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph (a) of this article. This information may be submitted in any form desired. Optional Form WH-347 (Federal Stock Number 029-005-00014-1) is available for this purpose and may be purchased from the -- Superintendent of Documents U.S. Government Printing Office Washington, DC 20402 The Prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the award and shall certify -- (i) That the payroll for the payroll period contains the information required to be maintained under Not Specified/Other 20 5-99 083109 paragraph (a) of this article and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the award during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR Part 3; and (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the awazd. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph (b)(2) of this article. (4) The falsification of any of the certifications in this article may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code. (c) The Contractor or subcontractor shall make the records required under paragraph (a) of this article available for inspection, copying, or transcription by the Contracting Officer or authorized representatives of the Contracting Officer or the Department of Labor. The Contractor or subcontractor shall permit the Contracting Officer or representatives of the Contracting Officer or the Department of Labor to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit required records or to make them available, the Contracting Officer may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. Withholding of Funds The Contracting Officer shall, upon his or her own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this award or any other Federal awazd with the same Prime Contractor, or any other federally assisted award subject to Davis-Bacon prevailing wage requirements, which is held by the same Prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including"apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the award. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the. work, all or part of the wages required by the award, the Contracting Officer may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. Apprentices and Trainees (a) Apprentices. (1) An apprentice will be permitted to work at less than the predetermined rate for the work they performed when they are employed- (i) Pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship and Training, Employer, and Labor Services (OATELS) or with a State Apprenticeship Agency recognized by the OATELS; or (ii) In the first 90 days of probationary employment as an apprentice in such an apprenticeship program, even though not individually registered in the program, if certified by the OATELS or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. Not Specified/Other 21 5-100 083109 (2) The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. (3) Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph (a)(1) of this article, shall be paid not less than the applicable wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (4) Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. (5) Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fi-inge benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fi-inges shall be paid in accordance with that determination. (6) In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws approval of an apprenticeship program, the Contractor will no longer be pemutted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (b) Trainees. (1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by -the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer, and Labor Services (OATELS). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by OATELS. (2) Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fi-inge benefits listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate in the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the OATELS shall be paid not less than the applicable wage rate in the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate in the wage determination for the work actually performed. (3) In the event OATELS withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed Not Specif~ed/Other 22 5-101 083109 until an acceptable program is approved. (d) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this article shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. Compliance with Copeland Act Requirements The Contractor shall comply with the requirements of 29 CFR Part 3, which are hereby incorporated by reference in this award. Subcontracts (Labor Standards) _ (a) Definition. "Construction, alteration or repair," as used in this article means all types of work done by laborers and mechanics employed by the construction Contractor or construction subcontractor on a particular building or work at the site thereof, including without limitation- (1) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off- site; (2) Painting and decorating; (3) Manufacturing or ftunishing of materials, articles, supplies, or equipment on the site of the building or work; (4) Transportation of materials and supplies between the site of the work within the meaning of paragraphs (a)(1)(i) and (ii) of the "site of the work" as defined in the article entitled Davis Bacon Act of this awazd, and a facility which is dedicated to the construction of the building or work and is deemed part of the site of the work within the meaning of paragraph (2) of the "site of work" definition; and (5) Transportation of portions of the building or work between a secondary site where a significant portion of the building or work is constructed, which is part of the "site of the work" definition in paragraph (a)(1)(ii) of the Davis-Bacon Act article, and the physical place or places where the building or work will remain (paragraph (a)(1)(i) of the Davis Bacon Act article, in the "site of the work" defmition). (b) The Contractor or subcontractor shall insert in any subcontracts for construction, alterations and repairs within the United States the articles entitled- (1) Davis-Bacon Act; (2) Contract Work Hours and Safety Standards Act -- Overtime Compensation (if the article is included in this awazd); (3) Apprentices and Trainees; (4) Payrolls and Basic Records; (5) Compliance with Copeland Act Requirements; (6) Withholding of Funds; (7) Subcontracts (Labor Standards); (8) Contract Termination -Debarment; Not Specified/Other 23 5-102 083109 (9) Disputes Concerning Labor Standards; (10) Compliance with Davis-Bacon and Related Act Regulations; and (11) Certification of Eligibility. (c) The Prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor performing construction within the United States with all the award articles cited in paragraph (b). (d) (1)Within 14 days after issuance of the award, the Contractor shall deliver to the Contracting Officer a completed Standard Form (SF) 1413, Statement and Acknowledgment, for each subcontract for construction within the United States, including the subcontractor's signed and dated acknowledgment that the articles set forth in pazagraph (b) of this article have been included in the subcontract. Within 14 days after the award of any subsequently awarded subcontract the Contractor shall deliver to the Contracting Officer an updated completed SF 1413 for such additional subcontract. (e) The Contractor shall insert the substance of this article, including this paragraph (e) in all subcontracts for construction within the United States. Contract Termination -Debarment A breach of the award articles entitled Davis-Bacon Act, Contract Work Hours and Safety Standards Act -- Overtime Compensation, Apprentices and Trainees, Payrolls and Basic Records, Compliance with Copeland Act Requirements, Subcontracts (Labor Standazds), Compliance with Davis-Bacon and Related Act Regulations, or Certification of Eligibility maybe grounds for termination of the whole award or in part for the Recovery Act covered work only, and for debarment as a Contractor and subcontractor as provided in 29 CFR 5.12. Compliance with Davis-Bacon and Related Act Regulations All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 aze hereby incorporated by reference in this award. Disputes Concerning Labor Standards The United States Department of Labor has set forth in 29 CFR Parts 5, 6, and 7 procedures for resolving disputes concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and not the Disputes and Appeals as defined in 10 CFR 600.22. Disputes within the meaning of this article include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. Certification of Eligibility (a) By entering into this awazd, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government awards by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (b) No part of this award shall be subcontracted to any person or firm ineligible for award of a Government award by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (c) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Approval of Wage Rates Not Specified/Other 24 5-103 083109 All straight time wage rates, and overtime rates based thereon, for laborers and mechanics engaged in work under this award must be submitted for approval in writing by the head of the contracting activity or a representative expressly designated for this purpose, if the straight time wages exceed the rates for corresponding classifications contained in the applicable Davis-Bacon Act minimum wage determination included in the award. Any amount paid by the Contractor to any laborer or mechanic in excess of the agency approved wage rate shall be at the expense of the Contractor and shall not be reimbursed by the Government. If the Government refuses to authorize the use of the overtime, the Contractor is not released from the obligation to pay employees at the required overtime rates for any overtime actually worked. 31. HISTORIC PRESERVATION Prior to the expenditure of Federal funds to alter any structure or site, the Recipient is required to comply with the requirements of Section 106 of the National Historic Preservation Act (NHPA), consistent with DOE's 2009 letter of delegation of authority regarding the NHPA. Section 106 applies to historic properties that are listed in or eligible for listing in the National Register of Historic Places. In order to fulfill the requirements of Section 106, the Recipient must contact the State Historic Preservation Officer (SHPO), and, if applicable, the Tribal Historic Preservation Officer (THPO), to coordinate the Section 106 review outlined in 36 CFR Part 800. SHPO contact information is available at the following link: http•//www ncsh~o org/find/index.htm. TH)?PO contact information is available at the following link: http•//www nath~o org/map html. Section 110(k) of the NHPA applies to DOE funded activities. Recipients shall avoid taking any action that results in an adverse effect to historic properties pending compliance with Section 106. Recipients should be aware that the DOE Contracting Officer will consider compliance with Section 106 of NHPA complete only after the Recipient has submitted adequate background documentation to the SHPO/THPO for its review, and the SHPO/THPO has provided written concurrence to the Recipient that it does not object to its Section 106 finding or determination. Recipient shall provide a copy of this concurrence to the Contracting Officer. Not Specified/Other 25 5-104 083109 ATTACHMENT 1-INTELLECTUAL PROPERTY PROVISIONS Intellectual Property Provisions (NRD-1003) Nonresearch and Development. Nonprofit organizations are subject to the intellectual property requirements at 10 CFR 600.136(a), (c) and (d). All other organizations are subject to the intellectual property requirements at 10 CFR 600.136(a) and (c). 600.136 Intangible property. (a) Recipients may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under an award. DOE reserves aroyalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use the work for Federal purposes, and to authorize others to do so. (c) DOE has the right to: (1) Obtain, reproduce, publish or otherwise use the data first produced under an award; and (2) Authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. (d) In addition, in response to a Freedom of Information act (FOIA) request for research data relating to published research findings produced under an award that were used by the Federal Government in developing an agency action that has the force and effect of law, the DOE shall request, and the recipient shall provide, within a reasonable time, the research data so that they can be made available to the public through the procedures established under the FOIA. If the'DOE obtains the research data solely in response to a FOIA request, the agency may charge the requester a reasonable fee equaling the full incremental cost of obtaining the research data. This fee should reflect the costs incurred by the agency, the recipient, and applicable subrecipients. This fee is in addition to any fees the agency may assess under the FOIA (5 U.S.C. 552(a)(4)(A)). Not Specified/Other 26 5-105 Exhibit C 54 5-106 LIC NO. 222252 May 8, 2009 ~ar~ ~r~arcos, ~A 9~~G79-0~4$ ~ d21 750-7~~-0780 4 Fax 760-74~-8475 4!!z®si~a: www.soufhasncontracting.com Ssnail: i~6aii@sou3herrecflntracting.com Mr. Gordon Davis Project Manager City of Chula Vista Public Services Building 200 276 Fourth Avenue Chula Vista, California 91910 Public Works Department, Engineering Building Subject -Statement of Qualifications to Provide Design Build Services for the Design and Construction of Solar Photovoltaic Systems in the City of Chula Vista Dear. Mr. Davis, Please find enclosed the attached proposal for your consideration for design-build services for the City of Chula Vista. We have taken great care to address every requirement in the request for proposal. Please note we have no outstanding claims or litigation on any current projects. This solar photovoltaic project for the City of Chula Vista poses great challenges and opportunities in these times of economic uncertainty. We have paid special attention to incorporating a community outreach program designed to tie our efforts local schools and community colleges. We have a plan to involve local businesses as well. As an environmentally conscious contractor, we seek to recycle waste, and reduce our own carbon footprint. For example, we have installed our own energy management system on our corporate building to reduce energy demand and related greenhouse gas emissions. We look forward to hearing from Chula Vista and are prepared to present our team at any up-coming face-to-face oral presentation requested by you. 1 Sincerely, James Fil~rtc Director of Government Relations Southern Contracting Company Ushering in the Post CaYbon Era 5-107 ~"' '~4rIP~e ~g ~r ~: V i '~ ~ i.. ~ ~~' ~,~~~ . ~, . PROPOSAL TO PROVIDE DESIGN BUILD SERVICES FOR THE DESIGN AND CONSTRUCTION OF SOLAR PHOTOVOLTAIC SYSTEMS FOR THE CI7Y OF CHULA VISTA ~~~F~ City of Chula Vista -~. ~~~~- ~~$ . A~":_ esq. ~~~ ~~~~° I~d~~~~~~~ce ~, Presented by: Southern Contracting Company ,~ . `' /%~t~~~~' Date Prepared May B, 2009 THE SOUTHERN PHOTOVOLTAIC DESIGN/BUILD TEAM ~~~ ~~ ~ ~- -~ ~_: `~t~~1t~` 5 T E L L A [~t 5-108 E r.~ ~~~C~1TI SI~I~ 1 S~~tI~~ ~ PI~~~C'I` I)~~~I,~P1~~T~~' P~~C~~S ~ S~CtI~~ Z SI11`~~~~ ®P QI~~I,IPIC~'I'I~~1S ~5 S~C~~ ~ I~~~I~~ ~I~II,I~ ~~~~~I~~'~I{I~1 Zfl SeCtI~~ ~ I~ P~~~~~~~I, Z~ S~C~~~ ~ i3~'~AIIJCI~ I~~SI~~ ~I~II,I~ ~P~~I~~1C~ ~b Se~i~~ 6 C~I~IE~CI~L P~~P~S~L 3~ SeC~I~~ 7 S®I,~~ PST FI~1A~dCI~i~ ®P'I'I~l~S 41 APP~1~1I~~ 4~ ii ~ Page Table of Contents 5-109 -~ ~~;xstitt~ ~ ~. r 1063 ~~• ~~ ~Y ~~ ~++~ ~ ~~ ~~ ' e ?~~ e ,. ~~~~~ ~~~ ~~~~~~~~~~~~ ~~~~~~~~~ C~~~is~ 1. Letter of Interest • Cover transmittal letter 2. Understanding the Project Development Process • Section 1, Project Development Process, Page 5 3. Organization Chart for Project Team • Section 3, Design Build Organizati©n, Page 24 4. Design Build Fee Structure • Section 6, Commercial Proposal, Page 40 5. Resumes of Key Design Build Members • Section 4, Key Personnel, Page 25 • Appendix C 6. Detailed Design Build Experience • Section 2, Summary of Qualifications, Page 17 • Section 5, Detailed Design Build Experience, Page 28 • Appendix D, Relevant Experience Supplement 7. Client References • Otay River Project, City of San Diego, Page 30 • Colorado River Authority, Metropolitan Water District, Page 30 • Ormond Beach, Reliant Energy, Page 31 8. Schedule of Rates • Commercial Proposal, Page 41 9. Insurance Certification • • Appendix E 30, Other Requirements • Partnership with Chula Vista Retailers, Page 6 • Partnership with Chula Vista Manufacturers,- Page 6 • ]ob Training Opportunities With Southwestern Community College, Page 6 • Commitment to Carbon Footprint Reduction, Cover Letter. • Corporate Waste and Water Reduction Practices, Page Cover Letter 11. System Costs • Design-Build Costs, Page 43 • 10-Year Payback Proposal, Page 45 • Installation Costs, Appendix A Page 43 • Payback Period, Appendix A, Page 44 • Net kWh Cost to Chula Vista, Pages 44, 45 12. Signed Addendum Acknowledgements, Appendix F iii ~ page Tabfe of Contents 5-110 t~,;~ +- z ~+ ~~~~~~T~ ~~~~~' The City of Chula Vista ("Chula Vista") has taken a leadership role in reducing its carbon footprint and utility energy bills by selecting a qualified design-build team to design and install solar photovoltaic systems on city buildings. The successful design-build team wilt not only need to understand how to design and build such systems, but understand how to financially engineer these PV systems to produce the lowest cost per kWh of electricity to the City with the shortest average payback period. With the maze of available financial programs and tax credits, this is a daunting challenge. T~~ S®u'~~e;r~ D~sig~-~~~~d Teams The Southern Design-Build Team has been assembled to provide experienced photovoltaic design-build services for Chula Vista. The combined team approach and associated contracting plan can be summarized as follows: Thi aSouttsam Era®rgyT®am ~ -:w Southern Contracting is a proven design-builder serving the San Diego market for more than 45 years. Stellar Energy is a highly seasoned solar integrator, having installed more than five megawatts of solar PV in the past four years for commercial and public entities. Engineering Partners Inc is a local electrical engineering that has designed dozens of solar PV systems throughout California and headquartered in San Diego County. 1~Page Executive Surr~mary 5-111 ,+,F,tSl~tffr, `'~,.` ,~~t ~'taly4'~` . ~~ The combined experience of each team member, directed by Southern's proven design-build management process, will result in awell-managed program for Chula Vista. Sa~~~~e;rn's R~n~wab~~ En~rg~ A~~r®ac~ Chula Vista's Road To Energy Independence starts with its stated goal of reducing energy demand citywide by 20% through renewable energy generation. By the City's own calculations, it currently consumes approximately 21 million kWh of electricity citywide, including about 12 million kWh for city buildings. Renewable Energy Plan The City currently consumes about 21 million kWh of electricity every year. The City's strategic 20% renewable energy goal is calculated to be: 20% x 21 million kWh = 4.2 million kWh of annual renewable energy production. Since the City has installed 75 kW of PV to date, producing an estimated 165 kWh per year, it will need to produce an additional 4.05 million kWh to achieve its goal. Southern proposes to achieve this overall goal in a phased approach- starting with installing solar PV systems on six of the targeted seven city-owned sites: 2 ~ Page iExecutive S~rnrnary 5-112 Our goal is to exceed the City's objective, thus allowing for the average projected system performance over the expected life of the installed systems to achieve the City's objective. a~°*°~ . ~~ ~,a~• . Fr.~ Southern proposes to install solar PV on six of the seven targeted City-owned sites and annually produce 2.5 million kWh, or about 60% of the City's stated goal. l~ie~ ~~~~ ~~~~g3r ~~~~~~~gs ~~~ ~~s~i~~e T®~~y The City is in a unique position to integrate its energy efficiency improvements plans with its renewable energy plans and achieve a strategic milestone.- By combining solar PV production on these first six buildings with modest energy efficiency improvements, the City can achieve Net Zero Energy status across these first six buildings, a major step toward reaching the state's ambitious AB 32 goals. Southern proposes to accomplish this through implementing a carefully crafted plan combining renewable energy implementation with energy efficiency measure implementation on these first six buildings. These six buildings currently use about 2.9 million kWh oer year. By combining solar PV production with additional energy efficiency measures and use of SDG&E's Net Energy Metering DGER program, the City is in position to "Net Out"its energy demand on these six buildings by: Net ZERO Energy Buildings Plan • An Existing Design-Build Team is already in place -- By combining the current design-build efforts currently underway between the City and the Southern Contracting Energy Team, integrating energy efficiency design with solar PV design 3 ~ Page ~ Executive Summary 5-113 This goal is within the City's reach because: ~;a~ ,. sr_r can maximize savings to the City by reducing contracting overhead costs, while linking these two interrelated efforts. • The 14% energy efficiency goal is modest and achievable. Typical energy efi•tciency measures often achieve 20-30% energy demand reduction. Therefore this modest goal is most likely achievable. ~~~~~~i~~ ~~~~~er~~g - St~~~~g~~ ~~~~o~~~ - With the maze of financing options and "pots of money" available today, financial engineering is as essential to project success as technical engineering. There a number of these financial "pots" currently available to the City to achieve its renewable energy production goals. After careful review of each funding source Southern recommends the City utilize the Power Purchase Agreement (PPA) mechanism to install the planned solar PV systems on the first six buildings. This will produce the lowest cost of energy to the City because it takes advantage of: • California Solar Initiative Rebates valued at $3.9 million • Federal Investment tax Credits valued at $3.6 million • SDG&E Net Energy Metering DGR Program • The City retains the Renewable Energy Credit The other "pots" have significant limitations, making them less financially attractive. We have developed a detailed financing plan crafted around optimum utilization of existing financing tools and incorporated our estimated solar PV cost for each site. The details of this approach are found in Section Y, Project Development Process where we discuss our proposed design and financial approach in greater detail. Su~~a~~y Southern has taken great care and considerable effort to evaluate each suggested City- owned site and recommend the best way for it to proceed to achieve its renewable energy goals and related green house gas emission reduction targets. We have developed a preliminary design for each site, including associated costs, and solar production. We have compared financing options in detail and present our findings in this proposal. By combining our experienced team with our implementation strategy, The City of Chula Vista can be well on its way to achieving energy independence. 4 ~ Page Executive Summary 5-114 r~~~ ~~~~~~~ ~. 5~~~~~ ~ ~~e~~ Understanding the project development process within the context of the extraordinary moment in history we are all facing takes on a whole new meaning. As design-builders we normally approach the process from conceptual design /detailed design /budget / execution approach, or pretty straight forward. However, before we jump into our understanding of the specifics of the design-build process for PV projects, it is important to establish up front the importance and steps that need to be taken to put people back to work. From our perspective, it is not only a duty to be forward thinking on these issues, but establish a meaningful plan that can link training and education opportunities with the new "green collar" jobs we will be creating. To this end, we start with a review of our proposed Community Outreach Plan. Following this narrative, we will discuss our technical approach to the work. C~~~~~i~r fl~tire~~~ Chula Vista is facing its most difficult economic times since the Great Depression. In the face of these extraordinary times, we also have an extraordinary opportunity to set an example for the state and the nation. Southern is proposing to involve the entire community at various levels, using this program as an educational opportunity to prepare the City's citizens for their role and responsibility to achieve energy independence and reduce green house gas emissions. Chula Vista is planning to utilize tools such as AB 811 to underwrite PV and EE measures in commercial and residential businesses citywide. Through Southern's proposed integration of the EE and PV programs we are in a position to create a meaningful model of the "roadmap to energy independence", one building and residence at a time. Southern is currently working closely with the statewide California Community College System and the University of California, Davis to develop such a roadmap. We have started dialog with Southwestern Community College to systematically validate the road map process for ~ ~ Page Project ©evelopment Process 5-115 ~`i5{Vt~ ~ ~~ 3 ~~. ET1 community colleges, and in turn all building owners statewide. We are in a unique position to mesh our efforts with Southwestern with the City on this exciting program. Supporting this basic strategy is our proposed approach, which includes: • Utilization of Local Suppliers. Southern has open accounts with Grainger, Graybar and Consolidated Electrical Supply. Each of these businesses has storefronts in Chula Vista. We will maximize procurement of electrical and completing materials from these local businesses. • Targeted Workforce Development utilizing PV and energy efficiency training programs offered through the San Diego Electrical Training Center. We will give preference to for graduates of this training program called up from IBEW Local 569 who live in Chula Vista. If employed by Southern, we will give preference to retaining these Chula Vista citizens to the end of our work. • Energy Efificiency Lighting Training. We propose to work with Southwestern Community College to implement The CaICTP Advanced Control Lighting Training Program developed and implemented in 2008/2009 in partnership with the major investor-owned utilities, including SDG&E. We will give preferential opportunity to these certified graduates from Southwestern Community College. We will use these workers on energy efficiency lighting retrofit projects where these skills apply. • High School Program. We will coordinate with Chula Vista high schools the introduction of a new program sponsored by the San Diego Electrical Training Center and entitled the Electrical Renewable Energy Leadership Institute. This program is designed to prepare high school juniors and seniors for a career in the renewable energy / sustainability market. To be introduced in the fall of 2009, we will also give preference to local students who graduate with this core training. • Community Outreach. We propose to work closely with the City to define and publish a practical "energy independence roadmap" based on determining what works and what doesn't work through our pioneering energy independence efforts. We propose that the City establish a webpage on its site where Chula Vista citizens can follow along with our progress, and understand how this work will generate meaningful employment opportunities. 5 ~ Page Project Development Process 5-1 1 6 ~~ f'-~ - . er.~ Southern is an active member of the CPUC-sponsored statewide Workforce Education and Training Taskforce. In fact we are co-chairs of the sub-task force charged with developing the procurement specification to develop such a web portal for California citizens. We are in a unique position to provide Chula Vista with abirds-eye view of this program as it is implemented later this year, '1'ecl~nlcal Apprn~ch The Project Development Process is divided into two distinct phases: 1. Project Scope Development, and 2. Project Design and Construction. For The City of Chula Vista, this first phase is where all critical design constraints, major decisions and financial r_onsiderations need to be addressed. The following narrative describes both phases in greater detail, with an emphasis on Project Scope Development. Project Scope Development The City has asked the bidders to evaluate seven potential sites to design and install solar photovoltaic (PV) systems. Our assessment for PV potential is shown in the table below: ~. - Ax, ~~~. a4. Parkway Recreation Center - ~~ / 1-9 kW - 34kW Fire Station 7 1-9 kW 63 kW Fire Station 8 1-9 kW 61 kW Salt Creek Recreation Center 10-100 kW 145 kW Montevalle Recreation Center 10-100 kW 171 kW Third Avenue Parking Structure 10-100 kW N/RZ Public Works Corp Yard 500kW 1 mW 957 kW TOTAL N1,300 kW 1,432 kW 1 Calculation in AC kW Equivalent. z The proforma financial projections for this site are not feasible (See below). . ... 7 ~ Page Project ®eveloplrnent Process 5-117 ~E;t5P~9r r, ~ ~~, ~ ;gin ~'~ ~~ ~ ~~~~~ ~ -- ~. As can be seen in the above table, Southern's preliminary design and kW production calculation exceeds the City's initial assessment by 10%. This takes into consideration that the Third Avenue Parking Structure does not "pen out." Financial Considerations Southern looked at all financing options by site, including the application of ABZ466, AB1969, SDG&E Net Energy Metering (NEM) DGR program, CEC Loan Program, REC ownership, utilization of the California Solar Initiative, Accelerated Depreciation and Federal Tax Incentives. Summarized below are the various financing tools available to Chula Vista. Chula Vista PV Financing Matrix with "1" being lowest value, and "3" being best value. ':` :::: ` ; ~. AB 466 and AB1969 financing options are not a good deal for the City as they do not provide sufficient per kW incentives, paying only for generation, not transmission costs. Though AB1969 pays a better feed-in tariff rate, this is offset by loss of Renewable Energy Credits (RECs), which ,have a monetary value. The only sites where this made any real sense would have been Third Avenue Parking and Public Works Corp Yard, sites where excess space provides for excess power generation. And these programs may not be used in conjunction with the California Solar Initiative rebates. We took the additional step of contacting Scott Anders, Director, Energy Policy Initiatives Center, University of San Diego School of Law and here is what he had to say about AB2466 and A61969: 8 ~ page Project ®evel©pn~ent Process 5-118 ,.; ` YE5 NO N/A . ` `. Ene~ Credit ,. ; . gY .: The values, ranging from 1-3, are a simple assessment of the relative benefit to Chula Vista, ~ - ~,~~_ ~'yc~ ~~y \`s'a ~. ~. "I am following up on our recent phone conversation about AB 2466 and AB 1969 "feed-in" tariff options. While these are available for local governments today, for one reason or another, they are not very attractive. In some cases the rate available for excess generation is not compelling; in others customers who use the feed-in option cannot receive incentives or participate in net metering." The CEC Loan Program provides up to $3 million in funds at 3.95% for communities to invest in energy efficiency measures and renewable energy facilities. Because of the limits on a 10-year payback, we recommend this be used first for energy efficiency measures as these investments generally outperform solar PV investments, and the net savings can be reinvested into the balance of the City's energy independence plan. With SDG&E's NEM DRG Program, the City earns full credit for excess production at time of use rates, thus a full offset at other sites with TOU meters. As a result, this program makes sense for balancing excess production from these six sites across other City-owned sites. Because the Third Street Parking structure requires supports to create shaded parking, this adds about $0.60/watt of installed cost. This has a 10% negative impact on the proforma cost projection. Therefore utilizing this the Third Street Parking structure is not in the best interest of the City at this tune, given the opportunity to exceed preliminary PV production calculations the remaining six sites by 10%. Power Purchase Agreement Recommendation After careful review of all financial funding sources, and the need to maximize use of federal tax credits, accelerated depreciation, and the California Solar Initiative, Southern recommends the City of Chula Vista finance the proposed 1.4 mW through a PPA. With that said, depending on a variety of assumptions, the City may explore how to best invest its purchasing power and/or available funds to reduce payback period and obtain the best possible terms in the marketplace. Additional benefits that accrue from utilizing a PPA include: The City will only pay for the power that is produced; ... 9 ~ Page ~ Project ®eveiopment Process 5-119 Gt~S~ ,.,z ,y s ~~ -~~, c~ a '°rl%~lf~ . era • The PPA financier will be responsible for all system performance under warranty and throughout the entire PPA contract period; The City will not have any maintenance responsibility as this will be maintained by the PPA financier. • The City can negotiate to retain ownership of the Renewable Energy Credit. Though a lease option may be considered by the City, the majority of these additional benefits will not accrue to the City, thereby making it less attractive. American Recovery and Reinvestment Act (ARRA) In addition to the above Southern has learned that the recently enacted American Recovery and Reinvestment Act provides the California Energy Commission with an additional $226 million, with a major portion earmarked for renewable energy projects, including photovoltaic projects. We have examined the filing requirements that can be found at http•//www energy ca oov/recovery/ and are in position to assist Chula Vista apply and take advantage of these targeted funds to augment its planned PV investment. This program is too new to determine the practical impact on financing the planned 2009 projects. Preliminary Layout and Design Presented in AppendixA is the preliminary solar array layout for each site. A brief system description will be presented for each site, including layout, manor equipment, including panel and inverter brochures, power and energy calculations, and value of energy output. Additional detail will be provided, including electrical grid interconnection requirements, once the full design is completed. City-Wide PV Survey Once the City has reviewed and approved to the scope, financing plan, and terms of the power purchase agreement described in our proposed PV configuration, Southern will receive a written Notice To Proceed and commence work. We propose to commence with a survey of all city-owned buildings to confirm the best initial sites to makimize the City's planned investment. The City has already conducted a preliminary assessment and provided all bidders with a list of the best seven sites the City buildings it believes may be candidates for PV installations. Using this as a starting point, we will financially pre-screen 1~ ~ Page Project ©evelopnaerat Process 5-120 ~, each site and come up with a short list of sites to conduct a site survey. At each of these sites we will note proposed inverter locations and conduit routing,.while evaluating the following: 1. PV Production Potential. We will calculate the nominal kW size and PV kWh production.. We will confirm the preliminary design for the six proposed sites. 2. Formal Value Engineering Review. Conduct acomparative cost analysis, considering ground-mount, parking structures, and roof-mounted options. 3. Calculated Costs. Calculate preliminary cost per installed watt, and $/kWh to the City. Key yardstick to judge best mix of sites. 4. Financial Review. Evaluate finance options and recommend /firm up best use of city-applied funds. By confirming the City's initial assessment, we will be able to zero in on the best sites and commence with design of targeted buildings. We might determine other sites, beyond these initial seven sites, are better candidates. Project Initiation Upon receiving Chula Vista's written Notification To Proceed ~'NTP") we will commence with a Kickoff Meeting with Chula Vista representatives, convening The Green Team (see Section 3, Design Build Organization for more information about the proposed intent and structure of The Green Team). At this meeting we will confirm the City's intent and financial constraints to develop its solar PV program, review and confirm major schedule milestones, while opening all lines of communication with Chula Vista and SDG&E Representatives. All Chula Vista operational constraints will be identified, and adjustments made to the milestone schedule as appropriate. Within two weeks of this kickoff meeting a Project Management Plan ("PMP") will be published to Chula Vista. Once we confirm the candidate sites and PV production potential, we will start detailed design. _.. 11 ~ Page Project 9~evelopment Process 5-121 K y63trrf~, ~ F j~ `~,~~- :~, Detailed Design -- Drawings and Specifications This phase will be performed as follows: 1. Detailed construction drawings and specifications. We will develop detailed design documents for City review, incorporating City maintenance and operations requirements. Documents will include: • Single lines, • Equipment Arrangements, • Manufacturer specification sheets, • Warranty and maintenance requirements, • Operations and commissioning requirements, • Performance measurement and Recording System (PMRS) documentation, a requirement for the California Solar Initiative rebate, • SDG&E Interconnection requirements. 2. Obtain firm pricing for performing the work, and negotiating with the City to finalize a Power Purchase Agreement based on the terms and conditions of the design-build agreement. Three bids will be obtained from all suppliers and subcontracted work, broken down by standard division of work. The information will be assembled into the Budget Proposal presented to the City. It will also form the basis of the PPA, or other chosen financial mechanism opted by the City. This report will be the master plan for implementing all approved measures, and form the basis for negotiating the construction phase contract between Chula Vista and Southern Contracting. 3. Secure Financing. Once the financial institution /investor has firm pricing and terms are agreed upon between the City and the financial institution, a financing contract will be signed, including construction budgets, payment schedules and specific terms and conditions that will flow through all contractual documents. 4. Permits Pulled and Construction Starts. After financing is in place, the design documents will be finalized and submitted for approval by the City planning department, who will in turn issue construction permits. An additional step will involve working closely with SDG&E and the City to finalize all interconnection requirements, including inspection points. 12 ~ Page Pro3ect Development Process 5-122 1 q.Nf ~'~c ~ wN ~!s~t~ . er. Construction Overview Construction starts with updating Project Management Plan to incorporate the approved design, including CPM project schedule. This updated plan will confirm the lines of communication, the updated project milestone schedules and incorporate the detailed safety plan, QA/QC requirements, and billing requirements. The plan will be reviewed at the kick-off meeting involving City operations personnel as necessary, management and superintendent personnel, and subcontractors. At this meeting, we will review all access restrictions, temporary storage space, and notification process for each building according to the Master CPM Schedule. Project Mobilization Each city building will have unique requirements. How, where, and when we stage the work will need to be defined with direction from Chula Vista with special input by each city- designated representative. We need to maintain productivity, preserve construction security, and provide a safe working environment for our workers and city employees. How we set up our work areas will be a major factor. Project Safety Plan At Southern we take Safety seriously. We have a full time Safety Director who oversees the safe practices of our work force. He will develop aproject-specific Safety Plan to address all city safety requirements while ensuring all workers go home safely. For example, we conduct a weekly safety tailgate meeting when we review the planned work and identify potential risks, and then discuss safe practices to protect everyone from injury. =: .. ,; - :;,; ..~ .;E~. v ~` ~s: 13 ~ Page Project ®evelopme~t Process 5-123 '~ llfltCiN sygq~ ~~ ~71/ C'~/ iV'7 ~~..~ S. \ Ly~ ~s i ~ ~ / r /. a •7, • ' ~ , -.. .~~ Tom, s- ~~~~~~ rF~t~ ~? ~_; ' ~, The success of our safety program is exemplified by the award we received far our safety performance in 2007. We were recognized as one of the top five safest electrical contractors in the United States by the National Electrical Contractors Association. Project Execution Plan Working in a public facility environment has its unique challenges. Understanding operating hours is a key factor as it relates to where and when the public and employees will use facilities. The following are elements of our project management approach: 1. Critical Path Method ("CPM") Schedule -- We will develop a detailed Critical Path Method Schedule to drive the execution of the entire program, detailed by city building and measure. As the Comprehensive Energy Audit is completed, we will develop and submit to The Green Team a detailed plan by building when we plan to audit each building. We will look to Chula Vista's Director of Facilities O&M to approve the sequence of buildings. We propose at least a 30-day notice to each facility representative and The Green Team before we mobilize on site to ensure adequate advance preparations are made. 2. Procurement - We have afull-time, professional procurement team at Southern. Our team has experience issuing purchase orders and subcontracts for all the- building materials and systems that are anticipated to be implemented for this project. The Procurement Plan consists of the following: a. Competitive Bidding - We will competitively obtain at least three qualified bids for each sub-project or measure, combining like measures across all buildings by construction category to take advantage of bulk purchasing. In today's economic climate, we are seeing significant cost reductions for materials and tabor. These savings will accrue to the benefit of Chula Vista. b. Buy Local - As suppliers are selected, preference will be given to Chula Vista businesses or businesses that have a large portion of their employees using living and working in Chula Vista. With all things being equal, we will recommend Chula Vista First! c. Diversity Plan - We want to promote disadvantaged business participation. We have specific disadvantaged business goals with SDG&E. We will apply .. _ . 14 j Page Project Development Process 5-124 -.. yF~s~hr~ ~ ~ ~ . . Erg these same standards to the vendor /subcontractors selection process. We will implement our diversity outreach process where we will advertise in appropriate trade journals and/or with existing diversity programs to reach out. 3. Material Handling -- Understanding where we can stage materials and what steps we need to take in advance will be important not just to protect from theft, but more importantly, how we will maintain a safe working environment for city employees and the general public. We have our two acre storage yard and material handling facility 45 minutes north of Chula Vista to stage major equipment items, and related completing materials. This will minimize the on-site storage requirements and impact on city operations. Depending on the scope and nature of the work, we may set up a temporary, secure storage yard in Chula Vista. We would like to explore this with Chula Vista early on. 4. Hazardous Materials Handling -- A key element will be rigorous enforcement of good housekeeping practices which promotes improved productivity but also environmental health and safety. We have well-defined hazardous materials handling and disposal process that will play an important role in ensuring good housekeeping practices. It is the same hazardous materials handling plan that we utilize for our SDG&E Master Contract Work. 5. Workforce Coordination -This important step will involve close coordination with Chula Vista representatives, including individual facilities representatives. We need to define working hours and plan accessibility requirements in advance of each day's work, often weeks in advance, to avoid disruption to city activities. We propose to issue a two week look-ahead task planner to the Green Team, each building and the Chula Vista Point-Of-Contact, updated weekly, to carefully plan after-hour access to public buildings, administrative and maintenance buildings. We will update the list weekly, and then meet weekly to publish and review with appropriate Chula Vista Green Team Members. 6. Acceptance and Training - We build the commissioning and start-up process into the entire planning process. We will provide the manufacturer's checklist of system requirements, and review with installation crews before installation work, thus -.. - ~5 ~ Page .Project ®eveloprnent Process 5-125 ~...., ~; ~r{~` . ~. minimizing or eliminating costly re-work and associated delays. We will identify all training requirements and schedule training with appropriate Chula Vista personnel, incorporating all manufacturer operating and training instructions. Where appropriate, we will utilize manufacturer trainers to ensure quality training results. Warranty and Maintenance Support Southern's normal warranty includes manufacturer's equipment warranty, typically 30 days to one year, depending on the product, and our standard one year labor installation workmanship warranty. PV panels are normally warranted for 25 years. Should the City elect to utilize a PPA, all warranty and maintenance is assumed by the PPA provider. Please see Appendix B for more details on our maintenance support program. _... _ 15 ~ Page Project ©eveiopmer+t process 5-126 ~ . .,~= ~ ~~~ ~% 5483 ``-' ~ ~~~~3r~ ~~.,: ~ - ~ v'S ~$.- ~~~~~~ ~ ~~~ ~~ ~~~~~~~~~~~5 Overview The Southern Energy Team has deep experience in all facets of design-build project execution. Below are the Southern Energy Team members, and the highlights of their capabilities. Southern Contracting - we have a strategic commitment to the energy efficiency and renewable energy markets. Overall design-build team manager, energy auditing management, electrical construction, construction management. • Engineering Partners, Inc. -Our electrical design team leader. Design document and permitting of electrical energy efficiency measures, and general electrical design. Stellar Energy -Solar Integration. Provide solar design, permitting, competitive pane! procurement, Power Purchase Financing support, and QA/QC of solar photovoltaic installations. In the following we present a greater look at the capabilities of each team member, illustrating the depth of capabilities Chula Vista will be able to draw upon. E.A. $+~v,, Southern Contracting ~F.~;~'w , •~ ~~: Design-Build Capabilities Southern Contracting specializes in the design-build project delivery system. Our team provides expert planning and implementation of cost-effective, intuitive designs to meet a variety of client needs such as: Value Engineering o Subcontract Administration o ROI vs. Life Cycle Cost and Control o Constructability o Quality Assurance and Control o Maintainability • Design Construction Management o Auto CAD o Project Safety o Quality Assurance and Control .. 17 ~ Page Surnrtaary of Quali#icati®ns 5-127 G`V~ f :x aT~ • Cost and Scheduling o Primavera Scheduling or Microsoft Project for CPM network schedules o Expedition for document control and change management o Estimating and Budgeting • Procurement o Major Equipment, PV Panels o Field Materials Electrical Construction Capabilities Southern Contracting offers depth and experience in multiple capacities such as: variable frequency drives; motor control centers; high, medium and low voltage switch gear; process logic control panels; instrumentation; SCADA; fiber optics; communication and data; UPS systems; lighting; building automation; security systems, CCTV, Access controls, fire alarm; photovoltaic systems; low, medium, high voltage splicing and testing for the following: • Solar Photovoltaic Installation Military Installations Lighting Maintenance and Retrofits • Distributed Generation / Co- Generation Marine Ship to Shore Power Systems Substations • Power Generation Line Clearance /Tree Trimming • Co-Generation Facilities Water Filtration Systems Communications /Data (External) • Site Distribution Systems Street Lighting • Energy Management /Power Traffic Controls Quality 20 A and 20 B Overhead to • Transmission Underground Conversions • Underground Distribution Conduit and Substructure Construction • Overhead Distribution Directional Boring • Pump Stations Cable Replacement • Sewage Treatment Plants Commercial and Residential • Hydro-Electric Service Conversions • Micro-Turbine Facilities Above Grade and Below Grade • Desalinization Facilities Substation Site Preparation • Facility Power Lighting • Substations From small jobs to large complex projects, Southern Co ntracting is capable of meeting our clients' specifications and performance goals 18 ~ Pa9e S~ara~rnary of Qualificati©ns 5-128 r .:_ - ~a~~ ' - - . ~,. Engineering Partners Inc. Since 1985, EPI has been assisting clients rehabilitate and upgrade existing systems and devices within existing structures and buildings, plus design new systems. Their capabilities include: General Capabilities Power_System Engineering • Electrical engineering • Construction observation • Field surveys • Electrical, communications, and fire protection engineering • Specifications development • Construction cost estimating. Specific areas of expertise include: Computer Software and Modeling Capabilities • Autocad for drawings • Microstation (Intergraph) for drawings • Microsoft Office • SKM Power Tools -Short Circuit Analysis, Power Load Flow, Acr Flash Energy Model • HAP and DOE Building Energy Modeling and Analysis Programs • Electrical Meters and Fluid Flow Gages • Data Loggers for Consumption Data • Solar Photovoltaic Design • 600 volt Building Power systems • Underground Distribution and Sub Transmission Lines to 69kV • SkV, 15kV, 69kV, and 230kV Substations and Switchyards • Short Circuit & Coordination Studies • Power Quality Analysis • Power System Master Planning • Power Generation Systems • Emergency Back-Up and UPS Systems Technology and Signal System Engineering • Instrumentation and Control (P&ID) Systems • Variable Speed Drive Systems • Motor Control Systems to 12,500hp • Voice and Data Systems • Fire Alarm Systems .._ . . 19 ~ Page Su~r~ary of Q~alificati©ras 5-129 ~.. f 1~~~~~ ~~~~~~~~ ~IC~_~a `~ . ~. Intrusion Detection and Access Sports Lighting Indoor Control Systems (Gymnasium) and Outdoor Fiber Optic Transmission (Soccer/Football/Baseball) Lighting and System Engineering • Airfield, Area and Street Lighting • High Security Area Lighting • Interior Building Lighting -General and Decorative • Day Lighting Control including Dimming and Automatic Window Shading • Motion Sensor and Override Automatic Lighting Controls Additional engineering capabilities include: • Load Studies -Forecasting of demands, load profiling, load factors, load characteristics. • Substations -Studies, planning and design of distribution substations for transformation, switching and system protection. • Distribution Systems -Studies, planning and design of overhead and underground electrical distribution systems, switching and system protection (12kV, 4.16kV, 35kV). Stellar Energy S78 LLAR Stellar Energy (www.stellarenergy.com) has been a leading solar integrator in California and the United States for over seven years. They bring a deep understanding of the entire photovoltaic delivery process, utilizing design-build techniques to deliver projects on time and within budget. Their capabilities include: Site assessment Analyze energy use to determine system size • On-site evaluation to determine best areas for deployment ZD ~ Page • Discussion of system options such as covered parking vs: roof mounted • Inspect current electrical systems for appropriateness for solar Sura~mary of Qualifications 5-130 ~_;t5t~cF,~ e • Rebate processing Engineering and Design System Construction • Review building plans to determine if the existing structures are suitable • Create a full set of plans and submit for all necessary permits • Experience with and access to a wide range of solar products • Expert design to choose the right mix of system components System Funding • Present the various financial solutions. • In-house Power Purchase Agreements • Turn-key full service installation • Experienced solar project management • QA/QC System Commissioning • Full set of as-built documents • Complete owner's manual • Training of personnel • O&M agreements if applicable • System monitoring including reception area kiosks and remote desktop connections. 21 ~ Page Surnra~ary of Qualifications 5-131 yF, 6lr'lcps ~-~-~' Y max'-, ~ fi: E;' ~. S~~t~~~ ~ Overview A design-build team is distinctly different than aconstruct=only team. When focusing on client needs, addressing the performance specifications is the primary challenge that affects the bottom line delivered cost. As a result, how adesign-build team approaches overall project management, incorporating the design from two levels, preliminary and detailed, can dramatically affect project success, and in turn, client satisfaction. Often design-build teams are challenged with not only coming with an innovative, cost-effective solution, but also an approach that is able to implement fast-track project execution, with various team groups working in parallel. As a result, the communication process is of paramount importance. The Southern Design-Build Team addresses these challenges not only through our proposed organizational approach, but how we keep all team members informed during the project development process. An informed team will make optimum design solutions. The Green Team For the energy ef1=<ciency design-build program recently awarded to Southern, we proposed the formation of The Green Team (shown at the top of the following page). To emphasize the opportunity to integrate energy efficiency work and solar PV work into a unified contracting strategy we are proposing to implement this same Green Team. The Green Team should involve stakeholders across the City, including Chula Vista's sustainability, Michael Meacham, The Director of Facilities Operations and Maintenance, and select representatives from the various facilities or city departments that will be impacted by the energy efficiency retrofit or solar PV installation of city buildings. Please note the emphasis on the Lead Electrical Engineer and Director of Facilities O&M. They will have the key role in defining the project scope. To incorporate coordinating On-Bill Financing and Rebate funding sources, we also encourage a representative from SDG&E. Also, note the dotted lines relationship among SDG&E, representatives and UC Davis. These groups are called on ass needed, depending on whether the project is general electrical infrastructure, or energy efficiency related. 22~Page Design-03~ild Organization 5-132 r~L~~ ~. The charter of The Green Team is to monitor progress, assure goals and objectives are met, and foster open communication. We propose The Green Team meet bi-weekly. Phased Organizational Approach The Southern Energy Team is proposing to implement traditional electrical infrastructure projects. Good management practices apply to both traditional and energy efficiency projects, but may require a slightly different cast of supporters, depending on the performance specifications, and Chula Vista's overall goals and objectives. As a result, we are proposing athree-phased approach to project implementation; with additional phases. 1. Phase One -Project Development. Defines the client requirements. This is when we perform the site assessment and confirm the City's initial site selection. The design-build team translates stated goals and objectives into a preliminary design, with calculations and equipment layouts forming the basis. Cost estimates are factored and based on historical data. Preliminary schedules created. Proposed overall project management plan published. Z. Phase Two -Detailed Design /Long Lead Procurement. Creates construction documents for permit and final customer approval. Equipment sizing and hard construction costs are bid out/included to firm up the final cost to a 5-10% level of confidence. If there are schedule constraints (client or market-driven), then long lead equipment items are bid, and purchase orders issued. Client controls risk by negotiating /approving cost estimates to fix cost risk. .. 23 ~ Page Design-Build Organization 5-133 The Greece ~°ea Fr T9~63 ~4. 3. ~ -~. ~, 3. Phase Three -Construction. Though this is defined as a separate phase, depending on schedule constraints and other factors, work may start before design ins complete. During this preliminary design phase, the emphasis is on the process or selecting the appropriate energy efficiency measure. For traditional electrical infrastructure projects, the Lead Electrical Engineer will guide the conceptual design solution, laying out and calculating equipment configurations that meet Chula Vista's performance intent. Project Organization The project organization will evolve from the Green Team to the Design Team for the first two phases of work as shown at right. When the PPA is in place and Notification To Proceed received, field staff will be brought on to install the PV arrays and electrical equipment. The organization will then expand to the organization as shown here. 24~Page ~~~ ~~~ _ ~~ ate:;. .z ~ -i -N-~---}.. "S l i'"" ~ . c ~.~. ~ ----~ ..,~.; ~. ~.... i .e., :-..,~.., ,... ,.o-.,. g ~-°.av-,; b.. _ _. ~~ ~ ~~, ®esigr~-Build ®rganizat.ion 5-134 ~: ~~~~racF,~. ~ i ~~:u.~-.,-. .~ .,,4. . Fr., ~~~~1~ ~ ~~ ~~~~~~ Overview Described below are the key personnel we propose for the Southern Energy Team. Detailed resumes are presented in Appendix C. • James Filanc, Project Manager • Philip Waterman, Construction Manager, Chief Estimator • Pat Baker, Safety and Quality • John Wheeler, Superintendent Matt Long, Lead Electrical Engineer • Jim Nash, Construction Management QA/QC • Chris Gustafson, Stellar Project Manager, Project Coordination James Filanc Project Manager Southern Contracting will be led by Mr. James Filanc. Mr. Filanc has more than 30 year's _ industry experience as a project manager, cost and schedule engineer, and systems developer. He has designed and implemented complex technology solutions for major international companies, including CF Braun, Brown and Root and Jacobs Engineering. He has managed budgets in excess of $400 million and is well versed in all facets in all areas of professional project management. He is currently responsible for developing and implementing new energy efficiency projects for Southern es part of its broad diversification plans to become a leader in the emerging energy efficiency market. With a B.S. in Finance from San Diego State University, Mr. Filanc will oversee the project for Chula Vista, ensuring all project quality, safety, budget and schedule goals are met. He will be Chula Vista's primary point of contact. Philip Waterman Construction Manager Mr. Filanc will be supported by Mr. Philip Waterman, Southern's Director of Operations. With over 20 years of electrical and general construction experience, Mr. Waterman will be the Construction Manager on the project, organizing the installation team, supported by his 25 ~ Page Key Personnel 5-135 cySjVe~; ~ ~,. a , ~~~~~ ~~ ~~ ~~ ~~~~ ~ 1~ ~, ~: .~~ ers field superintendents. He was the Construction Manager on numerous, shovel-ready, public works projects, including electrical distribution, substations, pump stations, waste water treatment plants, and power generation facilities. He oversees a combined workforce of more than 80 journeymen, foremen, general foremen and superintendents. Mr. Waterman will oversee all construction activity, including field supervision, field safety, QA/QC, subcontract administration and field procurement. Pat Baker Safety and Quality Manager Southern will also be supported by Mr. Pat Baker, Southern's Safety Director. Mr. Baker has built a working relationship with the superintendents, foremen, and crews, instilling safe practices and awareness. Over the past 5 years our employees have developed a solid safety mind set, with the company's overall safety record improving every year. In 2007, Southern was recognized as one of the top five safest electrical contractors in the United States. The employees and Safety Director work to hand in hand to make sure that the employees have all the safety equipment and training needed to do the job correctly and safely. John Wheeler Superintendent As General Superintendent, Superintendent. and Electrical Foreman, Mr. Wheeler has over 20 years of direct relevant project experience in the construction of electrical systems, electrical power distribution systems, data/communication systems and process control and instrumentation monitoring systems. For Chula Vista, Mr. Wheeler's responsibilities include overall project safety compliance; quality control compliance; owner/designer/contractor relations; project coordination and progress meetings; labor and equipment resource planning and allocation; subcontractor scheduling; equipment installation and maintenance; technical and administrative oversight of manufactured equipment; technical and administrative oversight of subcontractors; and Electrical Foreman duties. Matt Long Principal Electrical Engineer Matt Long has been a consulting electrical engineer for 24 years. His responsibilities cover all phases of project development, including electrical design, project costing, field 2~ ~ Page Key Personnel 5-136 Y ~ ' ~. ~ +6 ,~, investigations, and construction administration, among others. Mr. Long will be responsible for all electrical design and permitting work. Romeo Flores Lead Electrical Engineer Mr. Flores has been a consulting electrical engineer for 24 years. His design experience includes solar PV system design, lighting systems, power., communications, energy efficiency analysis, alternative lighting systems, Photovoltaic Systems, high, medium, and low voltage power distribution, motor protection and industrial control systems, coordination studies, short circuit and load flow analysis, fire alarm, and security systems. He is also experienced in utility assessments. He will be responsible for the detailed design and construction documents for the project. Jim Nash Construction Management QA/QC Mr. Nash has 20 plus years of experience, with the past five years overseeing and installing solar PV systems. Mr. Nash will provide construction support, including estimating, scheduling, constructability and field assembly coordination. Chris Gustafson Stellar Project Manager /Project Coordination Mr. Gustafson has over 20 years experience, having overseen the installation of over $38 million in solar PV systems in 2008 alone. Mr. Gustafson will assure all Stellar resources are brought to bear, including design and layout support, constructability, panel procurement and PPA financing assistance. The resumes of Southern's team members are shown in Appendix C. 2~~Page Key Persora~ael 5-137 ~QiF51,YP' ~^+ y~~'j~~3A~g ~J~3 ~~ VV Es7. ~o ~ ~~y ,~ ~ ~~~~t ~~. E,. ~.r tom{ `~~at- Overview Southern has been executing design-build projects for more than 30 years. Starting with Project Housing on Camp Pendleton in 1977, Southern executed the work as a design-build project for power distribution around base housing, electrifying more than 200 housing units. Southern's most relevant design-build experience has been in partnership with Engineering Partners, Inc. (EPI). The following projects were performed as design-build, with the * ones performed with EPI. • Otay River Pump Station* • CRA Aqueduct Project* • Ormond Beach • Substation C • 29 Palms Media Transmission • Camp Pendleton LCAC Project Olivenhain-Hodges Pump Station Our past performance for the last three years and current experience can be found in Appendix D. Otay River Pump Station, City of San Diego For this design-build project, completed in July, 2003, Southern furnished labor, materials, equipment and supervision required for the electrical and instrumentation construction work complete for the Otay River Pump Station/South Metro Interceptor Sewage Lift Station CORPS) as described below: Performed 1'Inal electrical connections to J. R. Filanc Construction Company (JRF) furnished equipment; i.e. electric pumps/motors, electric operated valves, electric operated sluice gate, pump seal water systems, sump pump systems, hoists, odor control systems, ventilation fans, and air conditioners for the ORPS. Performed all necessary and incidental electrical and instrumentation. work for the ORPS including furnishing; SDG&E main service equipment, main switchboard, 2~ ~ Page Detailed ®esign Build Experience 5-138 -~ ~,... r A kia t~T, ~ ~e e ~ ~''~~ryy ~'r!'vi~v~ pT1 automatic transfer switch, motor control center, variable frequency drives, engine- generator system, gas monitoring system, pump/motor vibration & temperature monitoring system, pressure switches, wet-well level instruments, ORPS control system panel, Westinghouse DCS Integration. • Performed the electrical and instrumentation work for the duplex pumping system provided as a Temporary Pump Station (2-25hp).constructed by 7RF to bypass the ORPS structure. ]RF will furnish; electric pumps/motors and a duplex pumping system controller. THE DIVERSION STRUCTURE • Furnished all labor, materials, equipment and supervision required for the electrica{ and instrumentation work complete for the Diversion Structure as described below: • Performed final electrical connections to ]RF furnished equipment; i.e. electric operated sluice gates. SCC will perform all necessary and incidental electrical and instrumentation work for the Diversion Structure including furnishing; SDG&E main service equipment, Diversion Structure control system panel, Fiber Optic System to ORPS, Westinghouse DCS Integration. FIBER OPTIC SYSTEM TO GROVE AVENUE PUMP STATION • Furnished all labor, materials, equipment and supervision required for the Fiber Optic System to the Grove Avenue Pump Station. • Coordinated installation of the Fiber Optic System conduit in the pipeline right-of- way during Erreca's pipeline work activity. Erreca's will provide all traffic control labor, equipment and materials for SCC's work activity. Furnish trench excavation, slurry backfill, pull boxes and fiber optic system materials. Erreca's will haul all excess trench excavation spoils made by SCC. Z~ ~ Page I3e'tailed ®esign Build Experience 5-139 ~- ~~ ~ r~ ~~ ~~ ~ i~~~ 3 ~~t~~~ Reference: HDR Engineering, Inc. AI Binsfield 9444 Farnham Street, Suite 300 San Diego, CA 92123-1300 Phone (858) 712-8400 Fax (858) 715-8333 - abinsfie@hdrinc.com CRA Aqueduct This design-build project, in partnership with EPI, valued at $9.2 million for Southern, consisted of the following: Removal and disposal of existing nine 230kV and ten 69kV oil circuit ,breakers with associated power cables, control cables, and breaker appurtenances at all five pumping plants; furnishing, installing and commissioning of new eight 230kV and four 69kV SF6 gas insulated circuit breakers including station power cables, CB control cables, overhead line connections, equipment anchorage, and design drawings necessary to complete the installation of circuit breakers at all five pumping plants; replacing existing Peddler 34.5kV 1000kVA Substation with a complete new substation including structural steel supports and foundations at Gene Pumping Plant; replacing three hundred (300) instrument transformers for existing 6.9kV switches in pump switching house at all pumping plants; designing and installing of 15 VFDs for head gate motor controls at all five pumping plants; and complete head gate mechanical refurbishing work completed by a subcontractor at all pumping plants. Project also included disposal of total 148,000 gallons of PCB contaminated oil removed from 230kV and 69kV circuit breakers to be demolished. Work was completed in April, 2004. Reference: David Yanez, Metropolitan Water District (951) 992-8539 ... .. .__ ._-....-.. _ _ _.. 9 ~.. ....._.. ..... 3I3 (Page ©etailed ®esi n Build IEx erience 5-140 P i~ 3 t' ~r~y J. ~'_~ !.. - ~r+ - , rr.~ Ormond Beach Southern and EPI design-built this $560K project, providing new 66kV transmission line while replacing old underground feeder in the generating plant. Project scope of work included designing of transmission line; concrete pile driving, concrete foundations, furnishing and installation of structural steel towers, installation of ACSR cable with disconnect switches, cable tray system, and installation of Kerite cables with terminations. Work was completed in March, 2007. Reference: Matt Haskell, Reliant Energy (Owner) (805)207-5985 Olivenhain Hodges Pump Station (Underway) This project, valued at $6.8 million to Southern, consists of a pump station, and 69kV switchyard. The switchyard, executed as a Design-Build Project by Southern Contracting, will tie into the exiting 69kV switchyard owned and operated by SDG&E. • .Other key project components installed by Southern Contracting include: • 12kVa Switchgear • Bus Duct • Two (2) 25 mVa transformers • Fire Alarm • Security System • Area Lighting • Balance of plant electrical components - Reference: 33. ~ Page Detained Design B~iid IExg~eriea~ce 5-141 ~$ r yHgq~ g}~~py~~ ~ ~, Unique Challenge Met The key challenge with this project has been excavating a deep pit where the pump station will be housed below the bottom of the fake, allowing for pump station to efficiently draw water as required. A temporary coffer dam was built to allow construction and blasting to proceed, and allow for underground tunneling to be performed to tie into the outfall structure erected in the middle of the lake. Southern Design-Build Team Members Relevant Experience The balance of the Southern Energy Team has performed direct and relevant experience related to the planned work outlined by Chula Vista in the Request For Qualifications. This experience is presented in the following order: • Engineering Partners, Inc. • Stellar Energy Additional references for Southern's team members can be furnished upon request. Engineering Partners, lnc. Engineering Partners has been designing solar PV systems for many years. Below is a description their PV design work. Design Roof Mounted PV Power System B25, Naval Medical Center, San Diego, California (2008) Design of one roof mounted solar photovoltaic (PV) power system with power generation capacity of 82 KWAC. Provided drawings, specifications, engineering calculations, cost estimate, energy savings calculations, life cycle cost analysis, and construction support services. Cost: $950K Contact: Jorge Perez, Project Engineer NAVFAC Southwest (619) 53Z-3278 32~Page ®etailed ®esign build €xperier~ce 5-142 ~~ t~, ~~ ~~ 3! ~~i 9 ~ID 7 moo/ _.-.t-; f.. ' J . e'ri ~~ Design PV System at B23208 and Exterior Lighting Phase II, MCB, Camp Pendleton, California (2008) Prepared design plans and specifications to provide a turnkey installation of a 75 kW grid connected Solar Photovoltaic Power System (SPVPS) on the roof of Building 23208. Provided the design for the replacement of exterior lighting. Provided energy and operation cost savings calculations, cost estimate and life cycle cost analysis. Cost: $1M Contact: Tuan Lai, Electrical Project Engineer NAVFAC Southwest (619) 532-1989 97 KW Solar PV Rooftop Power System Design, Twentynine Palms, California (2008) Provided design plan and technical specification for a Solar Photovoltaic Rooftop Power System (SPVPS) to provide a total of 97 kW alternate current (AC) power to deliver the base power grids. Design for the replacement of exterior lighting. Provided energy and operation cost savings calculations, cost estimate and life cycle cost analysis. Cost: $1.iM Contact: Tuan Lai, Electrical Project Engineer NAVFAC Southwest (619) 532-1989 Solar PV Rooftop Systems Installation, Utility Meters Installation, and Irrigation Water Supply Replacement Projects, MCAS, Yuma, Arizona (2008) Provide design options and recommendations, and provide RFP design/build packages that include the scope of work, conceptual engineering plans, technical specifications, design and construction cost estimate for Solar Photovoltaic (PV) Systems on the Roof of various structures; installation of utility meters to 42 facilities at MCAS, Yuma. Construct and installation of approximately 200 lineal feet of new PVC non-potable irrigation water supply line from the raw water (non-potable) head works and pumping facility at the water treatment plant. - Cost: $2.5M Contact: Tuan Lai, Electrical Project Engineer NAVFAC Southwest . _... .. 33) Page ©etailed ®esign Build Experience 5-143 1~~~ ~:, . ~ ~„ (619) 532-1989 Solar Heating, Heat Recovery, and Photovoltaic Systems Design, Naval Air Warfare System, (NAWS) China Lake, California (2008) Provided grid tied photovoltaic system, new solar thermal swimming pool, heating system, shade structure and motorized pool cover system, new solar thermal domestic hot water system, and solar panel support structure. Cost: $1.8M Contact: Tuan Lai, Electrical Project Engineer NAVFAC Southwest (619)532-1989 50 kW Solar Array at Building 2251, MCB, Camp Pendleton, California (2007) Design of a roof mounted, grid-tied photovoltaic (PV') system with a peak power generation capacity of 50 kW. Cost: $974K Contact: Tuan Lai, Electrical Project Engineer NAVFAC Southwest (619)532-1989 200 kW Solar Hybrid System at Naval Weapons Station (NAWS), China Lake California (2007) Design of a ground mounted, non-grid tied hybrid photovoltaic (PV) system with a peak power generation capacity of 200 kW. System is paralleled with generator and battery storage. Cost: $2.8M Contact: Tuan Lai, Electrical Project Engineer NAVFAC Southwest (619) 532-1989 Pool Structure with 17 kW Solar Array, Area 14, Camp Pendleton, California (2006) Design of pool shade structure with solar array on roof. Cost: $500K Contact: Tim Belmont, Project Engineer San Diego Gas & Electric 34 ~ Page ®ettailed 13esign !Build experience 5-144 ~ - , 1~: ' ._., L . Ertl (858) 654-1679 Pool Structure with 17 kW Solar Array, Area 53, Camp Pendleton, California (2007) Design of pool shade structure with solar array on roof. Cost: $600K Contact: Tim Belmont, Project Engineer San Diego Gas & Electric (858) 654-1679 Pool Structure with 17 kW Solar Array, Area 62, Camp Pendleton, California (2007) Design of pool shade structure with solar array on roof. Cost: $500K Contact: Tim Belmont, Project Engineer San Diego Gas & Electric (858) 654-1679 Stellar Energy Overview Stellar Energy Solutions is headquartered in Healdsburg, California and has extensive experience designing, permitting, managing and installing large scale photovoltaic (PV) solar energy systems. Since its incorporation in 2004, Stellar and its sister company, DC Power Systems, Inc. (DC Power) share executive management, accounting, HR and warehousing. DC Power is the largest distributor of PV modules in North America with more than 3000 dealers actively installing 35 ~ Page Detailed ®esigra Suild Experience 5-145 ;~~~ }~G:~6~t~~fn~ sue' ca {a~ ~:~ ~~'~~~"~. - ~~~~~~~ by ~. ~. solar energy systems from Alaska to Patagonia. The combined companies currently employ seventy-five people and gross revenue in excess of seventy-two million dollars in 2007. Stellar has assembled a highly competent PV system design and installation team. Our design staff specifies the most appropriate solar technology for the site. Our Project Management brings the best installation practices that assure each system performs to its maximum electricity production. __ Relevant Experience Stellar has demonstrated its success and expertise on large commercial solar PV projects. Our company has the experience in designing, permitting, supplying, installing and commissioning fully integrated and operational PV systems and provides licensed and experienced labor for the mechanical and electrical installation work. Below are descriptions of relevant projects demonstrating the experience of our team. Poster's Wine Estates, Napa and Sonoma County, California Stellar, SolarNet, and Sharp joined forces to design and construct the largest solar installation in the wine country. 2.8 MW of solar at four Poster's Wine Estates -Asti, Beringer, Etude and Stags' Leap. The 1.34MW array at Beringer is the largest total solar energy system in the U.S. wine industry. Using 12,900 solar modules from Sharp, the four installations combined will produce 3.8 million kilowatt hours (kWh) of renewable electricity per year. The four sites each presented difficult engineering and logistical challenges which were successfully managed. 3£ ~ Page __ ~etaiied resign i3~aild Experience 5-146 ~"~ a- + ~- ~ '" ~ a F 1453 ti . ' ~~~" ~>~~~.+~ ~ ~~ cr.. Much of the construction was conducted during the "grape crush" process, and because of careful plarining and coordination, there were no disruptions to production. City of Willits, CA This project is located at the water supply pumping station in the city's watershed. This project was completed in March 2008. The 294 kW of Sharp 208 watt modules are distributed over a hillside in several sub- arrays allowing for access and cleaning. Central Water Supply Station. 294 kW City of Willits, California Barrick Goldstrike Mine, Nevada This turn-key grid-tied PV solar system consists of one large single axis tracking array totaling 1,260 kW and a parking structure totaling 35.7 kW. The project included Sharp Solar 175 watt panels, two SatCon 500 kW inverters and web based monitoring. The system went live mid-year 2008. .. _ ... 37 ~ Page Detailed Design Guild Experience 5-147 Barrick Ga~idstrike_ Mime, !Nevada, 1,25fl kvU ~G;[E~E;YC f~~: `~~`~~~ ~_ QM141CA Graphic rendition of Garrick Goldstrike Mine project Construction of the tracking system ~m~~, ,.~~..~., ~ .,s~y-i ~~ ~ ~~ ~. This project reached substantial completion on December 28, 2007. The PV arrays are roof mounted. The North Point Water Pollution Control Plant incorporates anon-penetrating array system with 290 kW of Sharp 180 watt modules and the Central Distribution Building - uses building integrated Open Energy 450 watt modules. Each system includes SatCon inverters with a complete data acquisition monitoring system. 38 ~ Page ®etaiied i3esign Suild Experience 5-148 y " e eri Smucker Quality Beverages, Inc. This turn-key grid- k ~-r~:~,~--- tied roof mounted i PV system is a total ~~~~-~~~~-~ of 200.6 kW using "`"~~~°~~-~~°•~ ~~°~~ ' r~.a ,. ~ .... Evergreen 115 and ' ~~,u~~.:'~`~.._» 120 watt panels ~~"` ~, ~; along with a Xantrex u """"~''~•~"~'"`~ w ~~~ 225 KW inverter. This installation was placed on three separate buildings and also has a ~'~•"~~~`~"'~~ ~ °'" f k ~. - - j ~• ~~'~" age o complete pac monitoring, including web based data monitoring. This system will run parallel to their already existing wind turbines. The time line for construction was two months. 33 ~ Page ~ Detailed design Build experience 5-149 ~- E= y~.- s E~^! ' `~t~C3L~ ~z:. ~~~t~~ 6 Design-Build Fee Structure Overview The fee structure for design and construction services varies from job to job, depending on the scope of the work involved. We propose to separate the charges for the design and construction phases of the project. Financial5trength and Insurability Please find in Appendix E a copy of a Surety Bondability Letter from Travelers. This is strong indication of the financial strength and health of Southern Contracting, Inc. A copy of the insurance binder with the specified amounts is also included in Appendix F. We will provide a full set of reviewed financial statements upon request. Design Fees Generally the design fee will cover Southern's time and costs for developing the design ideas into a buildable plan. Design charges may be based on an hourly rate or a fixed fee (for the entire design or for each stage). We propose to utilize both methods, depending on the nature of the project. The appropriate method will be determined as each project is released for bidding by Chula Vista. During the design phase, fees may include a nonrefundable administrative fee; costs for design time (client meetings, preliminary sketches, design development, and specification development); and research and drafting time (measurement and drafting of existing site or home conditions, material research, construction cost estimating, and drafting and blueprinting). Construction Fees Construction fees sometimes are charged on a cost-plus (time and materials) or fixed fee basis. Cost-plus contracts may be used when the scope of work is uncertain, for example, if the exact location of utility lines is uncertain. A fixed fee arrangement may be used if the scope of work can be more precisely determined. We are proposing a fixed fee for 4i~ ~ Page Cornr~erciall Proposal 5-150 :5 ti ~'~ !,~' .. ~. ~, construction work of 5% of total project costs. We propose to negotiate our construction fee on aproject-by-project basis. This fee will be additive to recovery of our direct costs and represent our profit on the project. We will recover our overhead in our direct rates for professional services, and direct tabor. We are prepared to put a portion of this fee at risk based on mutually-defined goals and objectives. Direct Labor Fees For time and material projects, we propose to apply our in-place direct labor rates utilized by SDG&E under our Master Services Agreement. We have been a preferred contractor with SDG&E for over 20 years. We can make a copy of this rate sheet upon request. These rates will also form the basis of developing firm pricing for electrical work. Subcontractor, Material and Equipment Rental Fees We propose to recover our overhead costs as a percentage of direct subcontract and equipment rental costs, backed by invoices. We propose a fee of 15% to cover administrative overhead costs. For panel procurement, we propose to limit our markup to 5% to cover handling and insurance only. Schedule of Rates Below is the schedule of rates for professional services for the project: Management • Project Manager $160.00 •, Construction Manager $155.00 • Superintendents* $140.00 • Safety Manager $120.00 Procurement Manager $90.00 Engineering • Principal. $165.00 • Project Manager $135.00 Staff Engineer $115.00 Designer $95.00 Drafting $75.OQ • Administrative $65.00 41 ~ Page ... Conarnerciai (Proposal 5-151 ~~ ~' ~~~L~ it ~ ~. 4 ~~ ~~~~~ D E,. Miscellaneous Travel • Costs for approved travel will be invoiced at cost without markup. • Standard reimbursement of $0.55 /mile for vehicle travel to/from meetings for official project meetings at city facilities. _ _ Third party costs, including delivery and reproduction at cost without markup. 42 ~ Page ~ Correrraercial Proposal 5-152 ~~~~~ 3. ~? ~`' °~r~~~~" ~~~~~~ 7 ~~~~~~~ ~~ ,_ 00~ The City of Chula Vista is keenly interested in the bottom line cost for installing solar PV systems on buildings across the City. This is a primary selection criterion. In this section we present the following: 1. Budget cost per site and solar production calculations (kW and $); 2. Financing Options; 3. $3 million, SO-year payback approach. Since the City did not allow bidders full access to individual sites, firm design and construction costs cannot be determined with precision, given the uncertainty of inverter placement, value engineering outcomes, conduit routing and trenching. However, we have sufficient experience with similar sites to propose budgetary numbers for the proposed design presented in detail in Appendix A. B~~~e~ Cosh Per ~~~~ Below is a recap of the budgetary cost, estimated PV production, and CSI rebates. This table is based on the preliminary design and forms the basis for the financing options presented below. Site PV Size DC Watts PV Size Solar AC CEC Production kWhlyr Electric BiII Swings in yr 1 Project Cost CSI Rebate Value Total Reba e PUBLIC WORKS YARD PPA ~~~1,142,210 -957,000 ~ 1,72'1,825 ~~ ~ ~ $272,124.00~~ $6,804,240.00 _ AVG. _ $544,000.00 $2,720,000 PARKWAY COMM. CENTER _ ~ 39,740 __ __ ..... _........ _.. 34,470 58202 ....._..._.. _ .___._._ $10,000.00 _ ... ... _...._. $250,365.00 _ $76,497.00 __ $76,497 MONTEVALLE PARK 209,520 170,930 288,818 $54,812.00 _ $1,435,779.00 AVG _ $91,164.00 $455,820 FIRE STATION 8 71,280 61,129 97,930 $13,345.00 $441,170.00 AVG $31,024.00 $155,120 FIRE STATION 7 72,560 ~63,22'I~ ~ 99,971 $13,845.00 ~ $507,920.00 AVG _ $31,800.00 ~ ~~$159,000 SALT CREEK REC CENTS 167,184 145,029 231,452 $40,152.00 $1,036,540.00 AV G $73,001.00 ~~ $365,005 TOTAL 1,702,494 1,431,779 2,498,198 $404,278.00 - 510,476,014.00 -- Total Rebate $3,931,442 43 ~ Page Solar Ph©tovoitaic Financing Op ions 5-153 . ~ ~.,. ~» ~~~ ~'r7~ l4`~ ~. Third Avenue Parking Structure We looked at all seven City-recommended sites and determined six of the seven were suitable for PV installations, given the financing options available to the City. Because AB2466 and AB1969 are not economically attractive, the added cost of parking PV structures, and low electricity demand at that site, the economics just did not pencil out for the Third Avenue Parking Structure. With that said, we have been able to exceed PV production on the remaining six sites, when compared to the City's original assessment by about 10%. Therefore, the analysis presented here is for the remaining six sites. i~i~~ncing ®~~;<®ns Southern has looked at all financing options available to the City and recommends the use of a Power Purchase Agreement (PPA) to .maximize use of its available funds and borrowing capacity. Cash is scarce in today's economic climate and we recommend the City conserve its cash. The PPA does just that. We recommend the PPA for the following reasons: • Takes advantage of accelerated depreciation and federal investment tax credits. These have a combined effect of reducing the cost to the City by about 30%. • 1Morks with the SDG&E NEM DGR program; • Works with the California Solar Initiative, which may provide up to an additional $3.9 million in rebates, depending on actual electrical production values. • Eliminates concerns about warranties and maintenance as these responsibilities remain with the POA financier. • The City only pays for actual electricity produced! • Has a nominal payback period of about Y3 years. The proposed terms of this PPA fora 1.7 mW DC system across the six buildings are: • 3% escalation. on electricity purchased through PPA; • Z5 year term; $0.16 /kWh (this is the equivalent rate the Citv will pay when combinino with the SDG&E NEM DGR program.) Shown below is a table summarizing the proposed PPA terms and calculated savings to the City over the course of the PPA agreement. This table compares three levels of utility electricity escalation. This illustrates how sensitive the payback and financial performance 44~Page Solar iPhatoaoltaic financing Options 5-154 .;?;s~~r e ~ <x ~, 1553 ~- ~'~~~~~~ i~a~4~' f ~~° '`~ ~~ ~ ~4' ~" ~, are to assumed escalation. For example, by Year 25, a common PPA term, the cumulative difference is $5 million when comparing 4% escalation to 6% escalation, or about half the Pricing Schedule Start $ 0.160 0.60% kWh / yr Energy Costs Energy Costs Energy Costs Predictable YR 4.0°/6 5.0°/a 6.0%. Esc 3.0%a 1 2,498,198 $0.160 $ 399,711.68 $0.160 $ 399,711.68 $0.160 $ 399,711.68 $0.1600 $ 399,711.68 2 2,483,209 $0.1fi6 $ 413,205.95 $0.168 $ 417,179.08 $0.170 $ 421,152.21 $0.1648 $ 409,232.81 3 2,468,310 $0.173 $ 427,155.78 $0.176 $ 435,409.81 $0.180 $ 443,742.82 $0.1697 $ 418,980.74 4 2,453,500 $0.180 $ 441,576.56 $0.185 $ 454,437.21 $0.191 $ 467,545.18 $0.1748 $ 428,960.86 5 2,438,779 $0.187 $ 456,484.18 $0.194 $ 474,296.12 $Q.202 $ 492,624.31 $0.1801 $ 439,178.71 6 2,424,146 $0.195 $ 471,895.09 $0.204 $ 495,022.86 $0.214 $ 519,048.68 $0.1855 $ 449,639.94 7 2,409,601 $0.202 $ 487,826.27 $0.214 $ 516,655.36 $0.227 $ 546,890.45 $0.1910 $ 460,350.37 8 2,395,144 $0.211 $ 504,295.28 $0.225 $ 539,233.20 $0.241 $ 576,225.65 $0.1968 $ 471,315.91 9 2,380,773 $0.219 $ 521,320.29 $0.236 $ 562,797.69 $0.255 $ 607,134.39 $0.2027 $ 482,542.66 10 2,366,488 $0.228 $ 538,920.06 $0.248 $ 587,391.95 $0.270 $ 639,701.08 $0.2088 $ 494,036.82 11 352,289 2 $0237 $ 557,114.00 $0.261 $ 613,060.98 $0.287 $ 674,014.65 $0.2150 $ 505,804.78 12 , 338,175 2 $0.246 $ 575,922.17 $0.274 $ 639,851.74 $0.304 $ 710,168.79 $0.2215 $ 517,853.05 13 , 146 324 2 $0.256 $ 595,365.31 $0.287 $ 667,813.26 $0.322 $ 748,262.25 $02281 $ 530,188.31 14 , , 310,201 2 $0.266 $ 615,464.84 $0.302 $ 696,996.70 $0.341 $ 788,399.04 $0.2350 $ 542,817.40 15 , 340 296 2 $0.277 $ 636,242.93 $0.317 $ 727,455.46 $0.362 $ 830,688.76 $0.2420 $ 555,747.31 16 , , . 282,562 2 $0.288 $ 657,722.49 $0.333 $ 759,245,26 $0.383 $ 875,246.91 $0.2493 $ 568,985.21 17 , 268,867 2 $0.300 $ 679,927.20 $0.349 $ 792,424.28 $0.406 $ 922,195.15. $0.2568 $ 582,538.43 18 , 255,254 2 $0.312 $ 702,881.55 $0.367 $ 827,053.22 $0.431 $ 971,661.70 $0.2645 $ 596,414.50 19 , 241,722 2 $0.324 $ 726,610.83 $0.385 $ 863,195.45 $0.457 $ 1,023,781.63 $0.2724 $ 610,621.09 20 , 2,228,272 $0.337 $ 751,141.21 $0.404 $ 900,917.09 $0.484 $ 1,078,697.28 $0.2806 $ fi25,166.09 21 214,902 2 $0.351 $ 776,499.74 $0.425 $ 940,287.17 $0.513 $ 1,136,558.60 $0.2890 $ 640,057.54 22 , 201,613 2 $0.365 $ 802,714.37 $0.446 $ 981,377.71 $0.544 $ 1,197,523.60 $0.2976 $ 655,303:72 23 , 188,403 2 $0.379 $ 829,814.01 $0.468 $ 1,024,263.92 $0.577 $ 1,261,758.77 $0.3066 $ 670,913.05 24 , 273 175 2 $0.394 $ 857,828.53 $0.491 $ 1,069,024.25 $0.611 $ 1,329,439.51 $0.3158 $ 686,894.20 25 , , 2,162,221 $0.410 $ 886,788.82 $0.516 $ 1,115,740.61 $0.648 $ 1,400,750.64 $0.3252 $ 703,256.02 58,158,387 $ 15,314,429.13 3 17,500,842.09 $ 20,062,923.73 $ 13,446,511.20 cost of the system. $31`~~llion Ins~t~~lat~~n, ~®-Year S~ple Pay~ac~ ®p~g®n The City has requested the proposers to provide a $3 million, 10-year payback option. We looked at several scenarios and have come up with two candidate approaches: 1. Direct Purchase of a N500 kW, ground- mount system installed at the Public Works Corp Yard on the south-facing slopes. 2. Buy-Down of the Power Purchase Agreement. Direct Purchase Option The direct purchase option eliminates any third- party financing. It assumes that the actual engineered and firm cost of the system will be slightly under $3 million, and produce a first year energy savings of $124,660, and assumes N4% utility escalation. Based on these parameters, we have calculated a payback period of slightly over Cumulative Net Cash Flaw Details Yv Inuntlvas Gri 9aG°°BIO Net SaNn98 BaIMe 2009 5261,538 (f2,~ 1334) 5124,550 (52.596,7797 82.590.7391 m16 3256aw m s1a.51e 996,n5 (SZ3v3.sa7 m11 5285,194 9 5134,771 999,976 81,5°2,597 m1x 3293,Bm m 5140.131 5107.972 (f 1,788,716 m17 863,819 f0 3145,7 3108,327 8990.488 m14 9 9 3751,509 5181,40{ 8878,9617 m13 f0 9 8157,930 3157.90 Reet,4s1 mt8 EO 9 S1®,795 5187,795 8517,859) m17 9 9 5170.710 5170.710 (5347.316 m19 fa fo 1177.081 St77,OH (5776,2611 2019 b0 9 5164,1a 3164,tm b13,664 mm 9 50 5191,x63 7197,4,92 5205,318 m21 j0 SO jt99,087 5199,067 5404,767 2022 ip 9 3208.967 Sm6,965 5611,767 ma ED SQ 9215.217 3219,217 5828,565 m24 m m 83x.775 3lQ3,778 51,050,782. 2023 m w SZ]I,B78 52:72.878 :, X83,041 7016 f0 9 M41,99 f241,99 f1,524,47 m77 fo ~ 92s1,586 5251,SSa 87.770.975 mm 9 m 5287,962 Sm7,952 52,070,082 1029 SO SO f2n,9es 591,985 8710,057 mm m m 5257.79 5252,7® 52.592.510 3071 SO SO 3291,030 II94,070 52,566.671 m32 9 m 3ms,Im 9a6,7m 33.,93.396 ma 30 fo 5317,660 5317.565 9.910,162 m71 9 9 33m,570 5370.970 33.641.01 2076 m s9 j30.1,877 5317,577 j/, 184,665 2030 s9 9 5357.348 957,745 51,9,2, 7037 f0 9 3771.550 5371,SW 31,913. 2°78 50 m f380.336 900.776 88.299,933 45 ~ Page Solar (Photovoltaic Firrancirag S3ptio~s 5-155 yF;i613cF ~, a ~ 'G ,. s~•a _ 10 years. The cumulative cash flow is presented in the table at right. The pros of this approach are limited to achieving a simple 10-year payback, utilization of the CSI rebate, and immediate elimination of about $120K in annual energy bills. The minuses include full maintenance and operational responsibility and loss of application of federal tax credits and accelerated depreciation. PPA Buy-Down. Another approach the City may wish to consider is the buy-down of the proposed,PPA. This has a key benefit in that the proposed escalation rate will drop to 1%, a key ROI factor, and more important, the electricity rate the City will pay will drop to $0.07 as compared to the $0.16 in the above PPA offering. The impact is dramatic, resulting in an $8.8 million savings over the life of the PPA. This is illustrated below. Pricing Schedule start $ 0.070 0.60% kWh! r Ene Costs Ener Costs Ener Costs Predictable yR 4.0% 5.0%' 6.0% Esc 1.0% 1 2,498,198 $0.160 $ 399,711.68 $0.160 $ 399,711.68 $0.160 $ 399,711.68 $0.0700 $ 174,873.86 2 2,483,209 $0.166 $ 413,205.95 $0.168 $ 417,179.08 $0.170 $ 421,15221 $0.0707 $ 175,562.86 3 2,468,310 $0.173 $ 427,155.78 $0.176 $ 435,409.81 $0.180 $ 443,742.82 $0.0714 $ 176,254.58 4 2,453,500 $0.180 $ 441,576.56 $0.185 $ 454,437.21 $0.191 $ 467,545.18 $0.0721 $ 176,949.02 5 438,779 2 $0.187 $ 456,484.18 $0.194 $ 474,296.12 $0.202 $ 492,624.31 $0.0728 $ 177,64620 6 , 2,424,14fi $0.195 $ 471,895.09 $0.204 $ 495,02286 $0.214 $ 519,048.fi8 $0.0736 $ 178,346.13 T 2,409,601 $0.202 $ 487,826.27 $0.214 $ 516,655.3fi $0.227 $ 546,890.45 $0.0743 $ 179,048.81 8 2,395,144 $0.211 $ 504,295.28 $0225 $ 539,23320 $0.241 $ 576,225.65 $0.0750 $ 179,754.26 9 380 773 2 $0219 $ 521,320.29 $0.236 $ 562,797.69 $0.255 $ 607,134.39 $0.0758 $ 180,462.50 10 , , 366,488 .2 $0.228 $ 538,920.06 $0.248 $ 587,391.95 $0.270 $ 639,,701.08 $0.0766 $ 181,173.52 11 , 352,289 2 $0.237 $ 557,114.00 $0261 $ 613,060.98 $0.287 $ 674,014.65 $0.0773 $ 181,887.34 12 , 2,338,175 $0.246 $ 575,92217 $0.274 $ 639,851.74 $0.304 $ 710,168.79 $0.0781 $ 182,60$.98 13 324,146 2 $0.256 $ 595,365.31 $0287 $ 667,81326 $0.322 $ 748,26225 $0.0789 $ 183,323.44 14 , 310,201 2 $0.266 $ fi15,464.84 $0.302 $ 696,996.70 $0.341 $ 788,399,04 $0.0797 $ 184,045.73 15 , 340 296 2 $0277 $ 636,24293 $0.317 $ 727,455.46 $0.362 $ 830,688.76 $0.0805 $ 184,770.87 16 , , 282,562 2 $0.288 $ 657,72249 $0.333 $ 759,245.26 $0.383 $ 875,246.91 $0.0813 $ 185,498.87 1T , 268,867 2 $0.300 $ 679,927.20 $0.349 $ 792,42428 $0.406 $ 922,195.15 $0.0821 $ 186,229.74 18 , 254 255 2 $0.312 $ 702,881.55 $0.367 $ 827,053.22 $0.431 $ 971,661.70 $0.0829 $ 186,963.48 19 , , 241 722 2 $0.324 $ 726,610.83 $0,385 $ 863,195.45 $0.457 $ 1,023,781.fi3 $0.0837 $ 187,700.12 20 , , 272 228 2 $0.337 $ 751,141.21 $0.404 $ 900,917.09 $0.484 $ 1,078,697.28 $0.0846 $ 188,439.66 21 , , 214,902 2 $0.351 $ 776,499.74 $0.425 $ 940,287.17 $0.513 $ 1,136,558.60 $0.0854 $ 189,18211 22 , 613 201 2 $0.365 $ 602,714.37 $0.446 $ 981,377.71 $0.544 $ 1,197,523.60 $0.0863 $ 189,927.49 23 , , 188,403 2 $0.379 $ 829,814.01 $0.468 $ 1,024,263.92 $0.577 $ 1,261,758.77 $0.0871 $ 190,675.80 24 , 175 273 2 $0.394 $ 857,828.53 $0.491 $ 1,069,024.25 $O.fi11 $ 1,329,439.51 $0.0880 $ 191,427.06 25 , , 162,221 2 $0.410 $ 886,788-82 $0.516 $ 1,115,740.61 $0.648 $ 1,400,750.64 $0.0889 $ 192,181.28 , 58,158,387 ; 15,314,429.13 ; 17,500,842.09 ; 20,062,923.73 $ 4,584,928.72 A recap of the terms: • 1% escalation on electricity purchased through PPA; • 25 year term; $0.07 /kWh. 4t ~ Page Solar 13hotovoltaic Financing. Options 5-156 .. ~ ., ~c;6tYz~e., ~~•r ,~'~~ ~41P~~u~' #. cr.• The benefits of this approach are illustrated by comparing these two charts which compare utility escalation over the life of the PPA for the two scenarios: As can be seen, the impact is rather dramatic, as the actual cost to the City, once the $3 million is made, drops dramatically. With that said, we recommend the City evaluate all three options, (full PPA, PPA with abut'-down, and direct purchase), then draw its own conclusions. The key element to this story is that it compares a 500 kW scenario with a 1.7 mW scenario, two entirely different strategies. We feel a direct PPA financing of a 1.7 mW system, while spending the $3 million on energy efficiency measures, will produce superior financial results to the City. 47 ~ Page Scalar Phatovsaltaic Financing.. ©pti®ns 5-157 ~. ~ .~~-f: ~` ~~~ ~~t~. ~,. ~~~~~~~ o ~~~ ~ - ~~~~~~~~ ~~~~~~~r~,~ ~~~~~~ ~~~ ~a~~~~ a~~ ~~-~~~~~ ~~~~ Sta~~~~~~~ ~~~e~ ~r~~~a~~~i L~t~~~ a~~' I~s~~a~~~ o A~~~i~ ~ - ~~~~~c~A~~~~~~ Ack~~~~~t~~~r~~~ts 48 ~ Page.... Appendix 5-158 ,~,~ ;~ `~r~t~~ . ~, ~~~~~ ~ ®y~~e~ Southern has developed a preliminary solar PV design that is calculated to produce about 2.5 million kWh of annual electrical production. The system size is just under 1.7 mW, located at the following sites: 1. Public Works Corp Yard - 1.14 mW (ground mount system) 2. Parkway Recreation Center - 39.7 kW (rooftop system) 3. Montevalle Park Recreation Center - 209.5 kW (parking lot solar supports) 4. Fire Station 8 - 71.3 kW (ground mount system) 5. Fire Station 7 - 72.6 kW (parking lot solar supports) 6. Salt Creek Recreation Center - 167.2 kW (ground mount system and parking lot solar supports) A Google Earth Photo of each site is shown, indicating the likely location of the inverter and depicting the proposed solar arrays. This overall system was sized to optimize utilization of SDG&E's NEM DGR program while taking advantage of all other available financing options. Si~g~e Lees,1'V, Pa~~~s, dirawe~~er Br®c~a~~es, ~~€~ Park~~~ L®~ St~-uc;res Following the presentation of each site are single line drawings of the basic arrangement for each site and a single lien for rooftop units. Also included are brochures and design details of the proposed inverters and parking lot solar supports. We are proposing the Sharp 216W panel. This is Sharp's latest, most efficient panel to date. The brochure is included for your consideration. 4~ ~ Page Appendix 5-159 ' WO DA JrA ocr NL 000 l `6>"rIF , :`i l Ii �' w`i }� 1 IIi �I +,I I, rr wtP i,'iSiit�t}ft, �• , ,'y r ;1j,t 'fro-,: N a f• r 1 11 t t� 1 11 1 `' n k f yf I} 7, n' •, x'.11 , d 'it n .l i RIP � }i9� � 1 � 119' t '� 7 ,'•!iy Yg}if,a1,.N °?� � oi `11s. I, 11 a I aW u l l i i Il vi r• �i�Y ,� -�y� {d -��•t tai t1d � �rPl a 1 aS l II1 irN r i �', a•1 ,1 r T 't- ,! FP n 74 l e - I � riU' ",N, 1 P 1 1 Mr y ;t ail , a I n d r���wJa,Y lrb ti+ l r �W.����� L '�ik�i��i � 4 t � f .j r {.� I i 7 t �'t�'v' C �'�'r4y„`�i� •rit' j:• I yl Li ., r� 1 li j,N a +ai 5- 1r r��rryyy�"" 1.a o 1i �1�J�r -r�; ari 4'. +r_ '' " 1+ i•r " ell 11�,i� I 1�i', ,1 Ii1`+ Napy'{ Y'y,�1,N,. ,� , 71dy1; }�iPl�tp�lr ''l d I�,.Ir N:1 ,.Ji i+ + f �,pl, �� � t� � � � , �� I _ �i j y �,`�, �1 f, •: � r ti SS I 1 � 11 d , i r.. ? ;r N k..'I '. ��: 7��1 }tg ar7L .�J1 1 Y. 4�'ISt ,{ 1 rIG- ` '; 11 J1a >h'.IS� Y}I �'kfa,ti•v�l v � . ">.a} Id y�1 iillr*; f�•d4.f:a >" rr�e q '- r �>r;�y} MJ 'I',` j`'tie� , Yk ...j 7'' it ` 7'v� itv Iy j. ,�adli�d r' ` j Jur0. ,,,''h , 7u For J�4n r I•' �, l ' fr'4 Via ; 1 •tl�b� � J3 1 y ��{ #, >, N'it�� t ✓� ii1MY ti iV G 41 ", , � .��,• .� .� 1 .t4 � 1,.1 � � � 7 J fa �'�•, s r�'fv t!:��'�i -'t , J2f �j F'� ,��4 � INS! ' A�ASvIt„ ! ��' J4�t 1r �i`[7f�'f'N °i ��•. r({�}ry1 J f ��,� 4j �J�41 Gr � y�rift,iJli 4, 11 Y',1yh Y �� FJ 1•+ �'� t' r ^y�1 r, h`�r �� � r i y�iF' 1 .+',1 y q la 1f I I 1 x9 � 1 1 !I �I 6 tt �,fi;,� ��" �� •�a _ . : t �� �1�' � ', r>z �1 � j ti Ij -' ,,a a � !,};,, I, �y a w •I, f�i, I 7," - �. �R 7 Y� 1�P ,i r�.. � V � � I. Y -.1 1 � � I4' J 71a S '`�' 4. as�. y (�i I � �' � � (� •� 1 YiV V• i�l. a tl'.1. �. k' A � r1�1�,4�� { , � e � 4 't' �• - .y. v, err 1 i d� � , {a y�'r�sta� �u 'q1 I 1 u .''•I ♦ 1 ,�f { , r 11 ,,fft. •, � � , � +� + ��j �jG�r► I , a t �+ �4 ,1 � Js � � v r� , ��.[yy� 1 �- � + +� ♦' ��ty�. a�ij ���3�` A�sw � t ' `.:�• 1 N'� L �! �r�+ I� r,.���`��� i e tl �i /LS tI I � Y rr9t -e, Oil `7 7 r' LSa i INVERTER O TYPICAL PV ARRAY MCDUAL I I p~! {~ q lai '4'jl s t ~;~~,~F,, ~ ~ ~~ ~~{~fi ` t„~1~, • s ~. ~~ ~~" ~ ' j ~ a "~ ~ lrt d ,~~,~ '~'. '. e~ ~ ~ t. a ~~ t . ~~ t~ I~~~ I ~ ~1`k ~ ~Y ~ _ f ~rl ~ . `h i { ~. yy i qg ,I~~{~fi >'~~P ~.i. a~,.i.:..... .s r,r~t'6 e'~Eyc'~rt.. a~~1tik~~'~I$~6 ~ r y '~}~ 11 lava i ~ '~; ~''~ x ~,S c i ~~ i ~~~ k~_ ~ JY ~ u ~ !!~ I f ~ ,I 1 i 15 ~:l F ~ 1 ii k ~i {L~ 1 .. S _. ~ 1 ~ r ~> > -t r1 y . ~ ~ k1 i ~ 1 M1" ~ ~i ~f.4~d. . ~ d' r i ~ „ ~ ~~ ~~ a.µ~~n I T. ~ s ~ty, fy '' ~1stl~`i~fl ~ t ~ R1 ti's *; -:1 ~ i -- . ~ a 4>~~.. ,~ %. _.. ~'~ ~) - ...ice ~. ~.. ~I~"~'AY ~h.in -.. ENGINEERING PARTNEF 7670 OPPORTUNITY RO. STE. ' SAN DIEGO. CA 92111.2268 (ISlI SlidMl ~. ~«~~ C ; ~~ STELLAR CITY OF CF 1l11A V15 ~.~K9F4:?l.M!Mi. P~NI~'1~',~~' FtE~pE1~T1~1~ ($E~TER SCALE: 1"=40~ p", Aw? 4 J1 OF, 4g� Jai ki ji I I I I I I, I � I I 1 11 , q , , L ­3 k Ali If 'I B:u fj � ----------- uz mon 44 , A44t 31 q'N ol If 14' till: '4 IN V1. 4or a I , 114-1 '1 i 1 l' I " 4"' , "I 1� 11, 'Y' , , I if 4 - fjj 17. 4I 7A, JN71 4 'Al 0 "INA, ............. MY 'T P", ----------- C11I F%nUDUATF VANE m ,M> - MULTI-PURPOSE MODULE ~ ~~ ~ ~. ~; ~~ ~ ~~ - NEXT GENERATION. BREAKTHROUGH PERFORMANCE. POLY-CRYSTALLINE SILICON P~iOTOVOLTAIC MO®~7LE WITH 215W MAXlMIINI POWER This poly-crystalline 216 watt module features 13.3% module efficiency for an outstanding balance of size and weight to power and performance. Using breakthrough technology perfected by Sharp's 48 years of research and development.The ND-216U2 modules incorporate an advanced surface texturing process to increase light absorption and improve efficiency.. Common applications include commercial and residential grid-tied roof systems as well asground-mounted arrays. Designed to withstand rigorous operating conditions, Sharp's ND-216U2 modules offer high power output per square foot of solar array. 5-166 ~~~~§~~ Solder-coated grid results in high fill facfor Sharp mufti-purpose modules offer performance under four fight conditions. outstanding perfarmance.`or a variety of applications. MULTI-PURPOSE MODULE ~~ ~~ L)~ECT: ~~:C~aL C~?,'-'~3~~~TE~t~7iC~ 0211 Poly-crystalline silicon No. of Cells and Connections bo in series Open Circuit Voltage (Voc)' , 36.3 V Maximum Power Voltage (Vpm)'~ ze.7i v Short Circuit Current (Isc) I 8.35 A Maximum Power Current (Ipm) __i 7.53 A Rated Power (Pmax)___ ~ 216 W (+10 % / -5 %) Module Efficiency Maximum Power (rtm) I 13.3 Maximum System Voltage ~ 600VOC Series Fuse Rating' I5 A -- - - Type of Output Terminal I -- - I Lead Wire with MC Connector (STC) Standard Test Conditions 25°C,1 kW/m', AM 15 jLT~:C;-~;~~j3';.>~i>Cs-iI~nACTEf'ilSTICS ' Dimensions A_ x B x C (below) _ I boa"x39.Tx1.>~'ne4a„m xe94m_m x4_bmm- Weight 46.31hs/21kg Size Of (°.arton 1683'z432'x 4.s'/1735mmx1097mm x114mm Carton Quantity ~ z pa per carton PalleC Quantity ~29 pcs per pallet -_ __ Loading Capacity (48 ft container) 448 pcs (lb pallets) Loading Capacity (53 k container) I a76 pcs (17 pallets) >~s' ~ J f.3 ~ :3 T E id?: ;a X. } 1! t J i~.'~ ~ J'# ~ 3. n~ is Operating Temperature (min tomax,°F/°C) i-40 to+194'F/-40 to+90'C Storage Temperature (min to max,°F/°C) ~ -40 to +194'F / -40 to +90'C I CeIlTemperature: ZS'C I 9.0 240 - 1000CW/m~] I zza as ; - - - - --- - - I I zoo ZO - BOOCW/m~7= -. - ---- - 180 _- 6.0 -- I --' - 160 6000W/m~7~ - 140 ~s.a--' --(--- 3 I ., i ~ 120 i i 3 i a.a - -- a I ( l00 I i 3.0 ...__.. ... -- - .. I 80 i ~ 60 20 - ._... ---i-_.i 4o LO ~ ,~ k I 20 0.0 ~ 0 0 5 10 ]5 20 ZS 30 35 40 Voltage CV] - Current vs. Voltage - Power us. Voltage Curren, Power vs. Voltage Characteristics ~.t ~. !'~i~ i•~ 3 ~ ~ i~~3... G E F - ~ r H i e _ ~ ~v I A B 64.6'R640m 39.1'l994mm E F 15.s3'/395mm 27.8'/705mm C C D L8'/4bmm 7.87'/200mm G H I 72.3'/820mm 37.3'l943mm 43.3'l1100mm Desigq and specifcadons are subject to change without notice. __ _ Sharp is a registered trademark of Sharp Corporation. All other trademarks are property of their respective owners. Sharp takes na responsibility for any defects that may occur in equipment using any Sharp devices. Contact Sharp to obtain the latest product manuals before using any Sharp device. 0 SHARP ELECTRONICS CORPORATION • 5901 Bolsa Avenue, Huntington Beach, CA 92647 ;il Tel:-8C>r~ ~(~R-06 • E-mail: sharpsolar@sharpusa:con • wwwsharpusa.com/solar Cover photo: Solar installation by Padfic Power Management, Auhum CA ®2007 Sharp EleRrania Corporation. All rights reserved SESG-216U2-1007 Printed in the USA ,[ r,~ L F ` I j ~~ ti '~ ;fr Jan ~~ -.~ t ' 1 .. ~ - i Y Y~.,K it~t: [s~~,~a9 dpYlKllA ~ I' ~~ _ - - 1 ~~ f1 ~~>: ~ ~~ iS j i ~ y Fr~~yYP 1~ it+:s~~li sF 1 ~. <I 6..i~~i '~ Y ~'r °fN', t '~ ~ t ~ j~ i 'err{Y r r [7 'aa V ~ r I i- ~ l' i- i f l i M1t 5 ~ I I ~. # r 1~ Ii i ~ I ql;. 1 l -l 1 'rY=. r Y ~ ~ ~ k I a ! ~ I l ,' i; ~' ~ ~; kk 1' ~ ~ ~ y h ;~ s ~ ~~,~ ~ f a `~(~~ ~ i V+ ,~~~~ .Ff t `> 7 ~ n t~ f4 ~ ~ f t .~ ~_ n. ~r ~ fi ~~ ~ a,~n [ ~` z'Ft" F N` °.~": J w6 t !( ~ ~~T 1 ~~ r~~~~a*"i1 i ~.~ Itr. i5'~+~a Sr ~ , i :. a , ~~ [ ~ ~ ~ ~. t r .NYC }n a+~ ~r -7 i t~~ rZ r~ [p~ ~ [Y~ ~~t "5 4yi .~ IS 1d ~ ~r p I' -S Ll~tr ~f Ian ~1 K~~xy t~t ~~~`a~ A~~f u r ~ ~,,; ~4 r ~{r,l~ {, ,- i ~.~.4~ ~ f' ~~i i iy :~ I ;, ~ i ~ }: ~ ~ i ~ ` ' , C' W N` C ' y ~ ~~ ..~ Nv - 3 ° 3 ; '' ; ~~ ` u , • ~, ; -d,;~; ,~ , I ~ ~, ~ Via ~ °- !~, ~,~ i ~. ~ o O ~ , ~ - J _ .~ " " LJ c+. ~ ~ 1 V ~ C I .l ~ l ~. - O ~ LJ.1 .p. ~ ` ~ } v ~ ~,.I ~ . , ~ ~ i 'V ^ a ~ ..N $ . S~ ~ ~ v1 Q ~: ~ ' C O' V L -~ f ~ . ~ G) I ~, w ,, O K ~ A ~ ~ r I O Qis ~L ~ L ~. 0 ~. ~ ~ ~ rr~~ i t Y ~;~V W ~, ~-0 +sv` ~,,, ly l~ 1.~K ~ ~ ~ ~ h h ~. _Q.. .:~ _ _~ V ,• 3 s ,, ~ ~ ; V rn ~, .~.. I L 5 ~t i~ ~ ~ t ' ~ Q1 ! c ~~ ,, ~~ ~ o' a I s O v C C i~ ~ G +' f l `) ~ pl'~ N ~• `V ~' , ~.~ C _ C L.r V1 ~- ~ I y r l j ;~k~! 4 K ~I~~Jr2 ~ jK 1 k ~ ~ ' t _ - . t r x r ~, Recommended Max. PV Power (Module STC) 45.0 kW " - 52.5 kW _.._ Max. DC Voltage .. 600 V .. ...600 V.. ._..... Peak Power Trackin Volta e g 9 _ .. _ .. 250 - 480 V _,..-----. 250 - 480 V ' DC Max. Input Current 150 A 180 A ~'' DC VoltageRiPP~e. <5% _ ,. ..,... _ <5% ` Number of Fused String Inputs _ _ ,. 24 x 15 A (AC/DC disconnect) 24 x 15 A (AC/DC disconnect) ~ ~ ~ PV Start Voltage (adjustable) 300 V 300 V _ .. _ AC Nominal Power /Maximum Power . °, 36.0 kW / 36.0 kW .. ~ _.. 42.0 kW / 42.0 kW ,. ` . C Maximum Output Current (per phase @ 208, 240, 277 V) ,._ 1'00 A, 87 A, 44 A _ _~. ...... °- 117 A, 101 A, 51 A _ ` AC Nominal Voltage Range (3-Phase) 183 - 229 V @ 208 V Delta or WYE 183 - 229 V @ 208 V Delta or WYE 211 - 264 V @ 240 V Delta or WYE _ 211 - 264 V @ 240 V Delta or WYE 244 - 305 V @ 277 V WYE 244 - 305 V @ 277 V WYE ,. AC Frequency Range 60 Hz / 59.3 Hz - 60.5 Hz ' 60 Hz / 59.3 Hz - 60.5 Hz ' Power Factor 0,99 @ nominal power ~ 0.99 @ nominal power . ~ ` Peak Inverter Eificienry 97.0 % 971 % ' CEC wei tiled Efficien g cy 95.5 % @ 208 V, 240 V .._, s:. 95.5 % @ 208 V ' 46.0 % @ 277 V 96.0 q @ 240 V, 277 V Dimensions W x H x D in inches 43.3 x 70.5 x 39 _. _. 43.3 x 70 5 x 39 Weight: Tower / b Inverters /Total Shipping " 330 Ibs / 846Ibs / 1388 Ibs ;' _ .. ... 330Ibs / 846Ibs / 1388 Ibs : -: Ambient tem erature ran e P. ..9 ::. .. ,.. -13 to+113 °F `' _ . -13 to+113 °F Power Consumption: standby /nighttime .. . < 42 W / 0.6 W _ < 42 W/ 0.6 W _ Topology Low frequency transformer, ' Low frequenry hansformer, ~; ~~ true sinewave ~ true sinewave ` z Coaling Concept, . .: OptiCool, forced active cooling ~ OphCo o I, forced active cooling ~ ~- u Mounting Location Indoor/ Outdoor (NEMA 3R) _ •/• _ _ _ ~~~ u; r LCD Display -,:..,. _... _ _ _ _ . _ ~ , i Lid Color: aluminum /red /blue /yellow . ... _ •/O O/O ... •/O O(O ' Communicafion: RS485 /Wireless - ' O/O O/p z~ Warranty 10-year .- _ .,, ^ti • ~ .^,^ ,-. j __..... ;a . „ .... ~ .. __.,... ._ ,. _. ._.. Part 15 A 8~ B Cam Nance IEEE•929 IEEE 1547 UL 1741 UL 1998, FCC ..._ ...._... ,..., . . ..._._...._ ,. .~. .._-_.,,._.___.n-~._._.. __...__ ~},,~ .. ,.... .. .... _ _.._......._. .. ...... _ _,..... ,_. ,__.._._,._~:,_ ......._...._ _.._.._-.....,_~....__.. t, Specifications far nominal conditions • Included O Option -Not available L s ..~, ... _ ,.: EfFicienry Curves ,: _ v -- =• a~ u~~wwa..e~.n..i. ._ 9e 96 94 2E 97 / ~' ~~_~ / - uM - ur - u., -uavoc -ziovoc -aeovoc 1 se 9aoaus iaaa zaao sago 4aaa saga sooo 9aaa Pnc [W1 www.SMA-Americasom Phone 916 625 0870 Toll Free 888 4 SMA USA dwfi-.a.rK ~ _~,...~- ...~ .l ~rq-~..,.am ~ ' .q ~, _'~ ~ • ~. ~ ~Mri'.3i. W ~ 1 . i i - _ n° Y ~~~~~ - •. -a dab 5-169 T.#3~.i SIlAA America, Inc. ~i~, lN~a I~~. 4 ~~ ~ ~~ ~ ~ ~'r'~ I s ~;~Xy4' ~y ~.~ ~RS~Cifti~41 l~Yn ,,yI;I~~~ 4 ~' ~F~!~FliiS 1~f i ~~4 ~~ ~~~~ .1 ~, - _ .> > ; ~-- ~ i - #~ _ ~ ~ ~ ~ ~` SC 250U SC 5000 Inverter Technology True sine wave, hi h fre uenc PWM g q y True sine wave, hi h fre ue g q ncyPWM ~ , ,. s . with alvanic isolation ..... .... ....9.._. .. .. ..:.: with galvanic isolation ,. ~. ' ........._..._~......,.....__._._ AC Power Output (Nominal) , 250 kW 500 kW `~ -_,_ r. ~ , „ - . ....._. .~ _ AC Volta e Nominal .....:.-_.. _ .. __... ,, , __. f! „ 480 V c WYE .. ,, • _ ... 480 V,,c_WYE / ~T.a_, ... z-f=' AC Frequency-(Nominal)--~ .....................m_..._._....._,W ~__..,.._..,........._._..... 60 Hz 60 Hz .i`. CurrentTHD <5/ <5/a ~,- Power Factor (Nominal) > 0 99 ' . > 0.99 ._.~..., _....__..__„._._.,_._.,.,_....W..........,..,....__.~............_._. AC OutEiut Current Limit . _ _, . .:..eM .....................~......,......... . .......,.. .. ....,...., . , , _ 300 A,~ @ 480 V i .... .. . _ _ .., 600 A ~@ 480 V,~) ~'~ _~., ~ . . . ....,....~..... DC Input Voltage Range 300 600 Va 300 - 600 V°~ ,. . .. , . ,-; k; -.,+ ....,,-...~__..3...., _~__ , , __, , _..._. _....,..w._ ...... _.. , ,- _ , MPP Trackin 9 ,, ,, ,.. 300 - 600,V~ ., _ ... _ . 300- 600 V,~ .-...__._-r....~_... ~, ' -, .._,....m.__-.,...___-,.,..._...,._.........._w.__ _ .-,„,_-....--_.. 600 V ~) PV Start Voltage (Configurable from 300 - 400 V 400 Voc ~~' _. Maximum DC Current _ 800 A ~ 1600 A~ Peak Efficiency 975/ 97.5%~estimated) ~ CEC Weighted Efficiency , .- _.._.--.-.....,-,-v.,. _.,•, ..... ,.. . . ... -..,. . ,r 97°~ _.... ,. - 97% (estimated ._.._.-....._,.._.._........-...._._...___._.. "~? ~ .,~ . ..,, . _,. Power Consum hon 69 W Standby <1000 W with fans 69 W Standby, <1500 W.with fans - Ambient Operating Temperature -13 to 113 ° F at full power output -13 to 113 ° F at full power output "Y. u to 122 ° F at reduced ower - u to 122 ° F at reduced ower _._ ___ i. ,., „ -, ., ,,, , _ Cooling ,,,, _ _ Variable-speed forced air . Variable_speed.farced air .,_ . ,~ ,..._. ,. Enclosure NEMA 3R NEMA 3R Dimensions: W x H x D in inches ~....,...._._-.---... . -110 x 80 x 33 142 x 80 x 37 ..,......_r._..__...._.,.,.-.e.......~, _,... . ,..,. ._..v.__...r......-.._......-,..~ ................T.-.a,...._-,...... Weight 420016s 672516s _ Com liance UL 1741 IEEE 1547 UL 1741 IEEE-1547 (pending) e Optional Sunny WebBox ~~~=~~ ` -~ View daily and archived _ performance data T '~"'~~--~' graphically on ~' _ ... ~ '" Sunny Portal Memory expansion _ and data transmission -_ to a PC using a removable - ~ SD card Integrated web server ~.y"~ for remote online _ - access m all current ~ ~ =- I_ data from any PC ' '-= - Easi(y view data _ - in analysis programs e - o.. • o Integrated FTP server for data srorage and ~,,,~ dowload to a PC ®~ ®~ s a T Y a 3 3 g a 1 'a a '~ i I; I$ i~ {~ ~~ ~3 t~ ~~ ~a a ~~ vii ~a £ _. www.SMA-America.com Phone 916 625 0870 Toll Free 888 4 SMA USA 5-171 ~~~,14~7i~!'iCC9, ~~'9C. (~) M r I C INEB~aX. INVERTS WITH INTFGRAI n CO D1S~INE-G- UTILITY N SWITCH. CUSTO -GENERATI OUTPUT METER PER 5D UIREMENTS. ACCESS PATW BETWEEN PV A RAYS. ~RAL~NA~3~ REFER ~O ARRAY SCuF~ULES At1D SYSTEM SUMMA~OB~MDD M€~fT SIZES. REFER T SfTE`P~ANS-FDR PV ARRAY ANA FQUIPME~LYCOCA'TTDN S. g~ ,_,., ':. '~ • "m' r.~;_. 3• aY ~' 'P~..) . . ~».ra13~~ '~ iii ` S ""~~ ~" `~ji7~~~m.S,s'j~ fi F+ri°. ~'$~ `,, '^ ~: ~.,... ~N''''~C:!;: °r; a - . r--- , , _ ., . _. __ _ w:.: i' ' < <~ t ~ ti ~ 2d~1w ~~ o~~,+~5 ~qti i, ,. ~ ~ 4 ~p'pj M t S• iFf sr i . .. .- a' ~ r i~ _ ,, (i~ dt ~ ~F~~1 ,~ fi r - ~, i t~ vt. aI _ .. ~y d 9j! ~. ... '~ - p~ "" ~rh~ tJ ~_' , ', ... ~ felt ..: ~,...... '7: 33'x`-D/D BEAM 16'-9~~ „ I ' Z BEAM I ` ' 1~~,. 4 ' ~ 16 _g~~ ,. ~ .. 4 2 BEAM i 4'~~ .. ~ ~~~ n ' = ~~ .. 4 z o ~ ~ SD R PANELS o BY HERS ~ i BY BAJA) ~ r r - - - - - - - - - I to DF~~ATIVE I I U S CORBEL - ~ SEES D. UMN B JC~D CO `' ~ TAPER ~OX~D HE~ EAM ~I b~' ~ SEE SCHE ULE SEE SC U SPIER FOOTING SEE SCHE ULE ~A~ CROSS-SECTION G I . I '~' r ER SITE PLAN YS =~" ~ C TS - ~ ~ 18'x„ A DBL eURLINS 4 SEES 82 ~ ~ I ~ ~ ; ~ ~ I ~ I ~ ~ ~ ~ I~ ~ ~ I ~ ; " `. ~ ~ ~~ ; `. ~ ~i~ 1 3A 3 `~ ~ ~ s2 s2 s J ~ ~ ~ ~ ~ ~ ~ I ~ I ~ I ~ ~ ! ~ ~ `_ C~~N~D 2A RbO~BEAMS elE-R"F00 ING S2 SEE SL'H~D. SEE SCHE~. FRAMING PLAN -.TYPE "1" CQLC~ sr-D~ IF CCURS PURLIN BRACING ~~ BEAM BRACING AT PURLIN e TYPICAL S2 ~SO R PANELS (BY HERS N T BY BAJA) J 4~tG~~i~r ~~ ~~ ~® ~sl ~ ~~ J`T~/~aL 1:4 s :dam' _ `z ~~~~~ Appendix B ~~ .~~ . .a '.~ ,v~ ~~ '` , ers V~~rr~nty anal ~Iaint~r~a~ce S~p~~art Overview Southern's normal warranty includes manufacturer's equipment warranty, typically 30 days to one year, depending on the product, and our standard one year labor installation workmanship warranty. However, we strongly recommend that Chula Vista Maintenance and Operations look at this critical function from a different perspective. Integrating Maintenance and Operations (M&O") into Entire Project Execution Plan We strongly encourage Chula Vista to integrate Facilities M&O into the execution of this project from the outset as follows: 1. Pre-construction Planning - M&0 is a change agent and will ownership of the new facilities when the project is completed; Z. Planning -Review EE measures against existing M&O policies and equipment guidelines. Educate the Green Team on new policies and guidelines, tied to the EE performance improvement goals; 3. EE Measure Selection and Design -- Evaluate and assess each potential measure from a maintainability perspective; 4. Construction /Installation: a. Member of the inspection and commissioning team. b. Key member of the Green Team. c. Involved in new systems training. d. Become familiar with new equipment during installation, becoming aware of "hidden" components. e. Participate in the Punch List process. f. Receive/review all warranty and equipment operations documentation, and scheduled maintenance requirements g. Clarify O&M role under warranty. h. Receive appropriate training during first warranty year; 5. Post-Construction: 533 ~ Page Appendix 5-177 FRk"r, r~ ~' rw ~~~5 .,,. ~. a. Identify construction defects and coordinate repairs with Southern. b. Develop plan to routine test equipment and systems. c. Re-commissioning Plan d. Long-term M&0 plan. e, Maintenance for new /modified replacement schedules. f. Collect and store as-built documents. ~- On-Call Maintenance Support Due to the nature of the installation work, we strongly recommend establishing an on-call and routine maintenance program to keep all systems continuously commissioned. As a local electrical contractor with strong maintenance capabilities, we are offering to supply our 'Maytag" repair service to Chula Vista. We will be happy to propose a maintenance program and related costs upon request. If Chula Vista has an in-place Energy Enterprise Management System, we can electronically and integrate the energy monitoring, routine and emergency/on-call maintenance and repair functions. For example, if an air handling unit filter is clogged and we have installed flow sensors, an electronic alert may automatically generated and sent the designated Chula Vista Maintenance person at the same time it is sent to Southern's designated dispatch person. Then, depending on the importance of the affected system level of the emergency, we may either respond in: 1) Emergency -Immediately! -health and safety impact, 2) Within 24 hours -important but can be fixed during normal working hours, 3) Within 48-72 hours -cost effective repair, 4) Next normal routine schedule maintenance call. We can assist the Chula Vista maintenance supervisor evaluate and rank each system and the alert rating applied to various types of repair or maintenance situations. As an example, Southern is the street light maintenance contractor for SDG&E. We are part of an integrated maintenance program and, when combined with an automated notification system, will apply these lessons learned to keep Chula Vista's building continuously commissioned. _ _ ._ 51 ~ Page Appendix 5-178 ~G;~ai1~L~r ~~r. -r` ~ 1.aia `~ _ - `9 ~~~~~ ~ James Filanc, Project Manager Philip Waterman, Construction Manager, Chief Estimator • Pat Baker, Safety and Quality • John Wheeler, Superintendent Matt Long, Lead Electrical Engineer Jim Nash, Construction Management QA/QC Chris Gustafson, Stellar Project Manager . . 52 ~ Page Ap~er~dix 5-179 Ham' z r, RESUME FOR KEY PERSONNEL Name: JAMES FILANC Position: Project Manager Education 8~ Training BS, Finance, San Diego State University Masters Studies, CSU, Long Beach a+9' ~~._ .~ . er ~~~~ ~'.~~ ~~ ~- ~~ °YIL~;.`~~~ . Technical Writing, University of California Los Angeles LEED Course Preparation, AGC, San Diego Mr. Filanc has over 32 years of relevant in the energy, technology and healthcare industries. He has managed budgets in excess of $400,000, and been responsible for the development of complex, technical projects for Fluor Daniels, Brown & Root, and Jacobs Engineering. For Southern Contracting, Mr. Filanc is responsible for. the energy efficiency and renewable energy market project opportunities. He has overseen the development of energy efficiency retrofit projects, commercial solar photovoltaic projects and wind farm control cabling projects. Mr. Filanc currently holds the following positions: • State of California Workforce Education and Training Taskforce, Web portal Design, Chaired by the CPUC; • National Electrical Contractors Association Green Technology Task Force, national task force to promote best energy efficiency contracting practices across the United States; • Lawrence Berkeley National Laboratories Automated Demand Response Technical Advisory Group member. Assist LBNL implement demand response technology underwritten by California Energy Commission and USDOE for Waste Water and Food Processing industries; CALCTP Steering Committee -oversight of workforce development training program to develop green collar jobs around lighting automation technology. Supported by UC Davis, SCE, SDG&E, CPUC, CEC, and PG&E.; 53 ~ Page Appendix 5-180 ,~,~ 9 J. # f~..F.. <s,~, yo - , ~. • San Diego State University, Construction Management Advisory Committee to the school of JR Filanc School of Engineering and Construction Management. Providing green practices advice and curriculum development. Delegate, Washington International Renewable Energy Conference. Held every two years, this international event brings together the leading thinkers, policy makers and technologist from around the globe to promote and develop renewable energy policy and technology implementation. Past sessions held in Berlin, Germany, and Beijing, China His prior experience includes: Project Controls Manager, Mina Abdullah Refinery Expansion, Brown & Root, Kuwait. 1985-1987. Responsible for the home office cost and schedule team, managing a $167 million home office budget supporting Middle East field construction activities.. • Marketing Services Manager, Brown & Root, Western Region. 1987-1993. Responsible developing new business, organizing project teams, establishing project management plans, and setting up project controls systems for oil and gas projects in Saudi Arabia, Venezuela, Texas, and Alaska. • Marketing Services Manager, Jacobs Engineering, Western US. 1993-1997. Responsible for supporting business development activity in the energy, semiconductor, mining, petrochemical, and pharmaceutical industries. Organized project teams, developed project management plans and contracting strategies. Vice President, Business Development, Brinderson. 1997-2000. Responsible for overall business development of refinery, oil and gas, and commercial fueling station work. Implemented project controls tools /systems company-wide. • President, Care Path Informatics, 2000-2007. Built a healthcare software company in partnership with physicians and nurses to automate the patient charting process in emergency rooms. Director, Business Development and Government Affairs, Southern Contracting Company, (2006-present). Market leader for Green Technology implementation strategies. 54 ~ Page APPendix 5-181 . „ °~ ..,: r^` e'er \~^ .~ '~~~~ RESUME FOR KEY PERSONNEL .~x~;4~~ _~ ; ~: Name: Philip E. Waterman ~ rues ~.. F~r~ ~~: Position: Director of Electrical Operations Education & Training NECA Electrical Project Supervision Trainer Certification; NECA Project Management for Electrical Contractors Certification; OSHA Confined Space Entry-Competent Person; OSHA Trench Excavation and Shoring-Competent Person; OSHA CPR and First-Aid Certification for Construction; OSHA 30 Hour Safety Training Certification; NFPA 70E Training and Certification. Mr. Waterman has over 20 years of direct relevant project experience in the construction of electrical power distribution systems, data/communication systems and process control and instrumentation monitoring systems. His Project management and supervisory experience includes: • RP-1 Asset Management Items and Digester Nos 687 Repair. Expansion of Existing WWTP.2009. $750K • TVRWRF MCC-11A Replacement, Replacement of Existing Motor Control Center, 2008. EMWD, $358K. • UCI Electrical Step 3 Main Campus, Medium Voltage Power Distribution Installation, University of California Irvine, 2008. $1.664 million. • JB Lantham Treatment Plant Sodium HypochlorFite Upgrade, Addition of Chemical System. 2008. $263K RP-4 Regional Plant No. 4 Expansion to 14 MGD, Expansion of Existing WWTP. T&K Joint Venture. 2008. $4.060 million. • San Clemente Aeration System Replacement, Upgrade of Aeration System @ Existing WWTP. 2008. $374K Michelson WRP 2005 Phase 1 Upgrades, New Clarifier. 2008. $879K Perris VRWRF Tertiary Expansion 2005, Western Summit Constructors, Inc., $3,419K Mid Valley Water Reclamation Plant Phase No. 4,.Project Description: Expansion of Existing WWTP. CW Roen Construction Company. 2008. $2,261 K. • Twentynine Palms Transmission Media Upgrade Project. .Department of Defense. 2007. $1.226 million. • 450-1 Recycled Water Pump Station. Otay Water District. 2007. $1 million. • Ormond Beach 66kV. Reliant Energy. 2007. $560K. Trickling Filter Project, Orange County Sanitation District. 2007. $3.8 million. ..... ... 55 I Page _ Appendix 5-182 ~~-~ ~~Isldic . ~' ,.,.. ,_ :. ~ ~ . i -~ . era Groundwater Recovery Program Desalinization Facility. 2007. South Orange County Water Authority. $1.8 million. Irvine Desalter Project. Irvine Ranch Water District. 2007. $950K. Sunkist Substation, City of Corona. 2007. $530K. City of Corona Meter Panel Conversions, San Diego Gas and Electric. 2006. $2.6 millon. Leucadia Pump Station Upgrades, Leucadia Water District. 2006. $673K. Temecula Water Reclamation Facility Expansion, Eastern Municipal Water District. 2206. $1.833 million. CRA Switchyards 8~ Head Gate Rehab. Metropolitan Water District. 2005. $9.136 million. RP-4 Energy Reduction Modifications. Inland Empire Utility Agency. 2005. $1.747 million. 55 ~ Page Appendix 5-183 a f~- : ~ Ff TYLtii ' '~• . RESUME FOR KEY PERSONNEL ~tdSit~cgf. ~' . ~ c~ Name: Pat Baker ~ ~ ~` .i9fr3,l~~ `~~~~~}' Position: Safety and Quality Director Education 8~ Training: OSHA 500 8~ 502, EM 385-1-1 Certification, NFP 70E, NUCA Excavation Safety & Competent person training, SWPP Basic training, SWPP Management Training, Hazardous Materials Management Certification. Forklift Train the Trainer Certification, Flagger Train The trainer Certification. First Aid & CPR, NFPE Electrical Safety in the Workplace Seminar, NFPE Developing an Electrical Safety Program Seminar, Fleet Safety (Fleet Management) Certification As Southern's Safety Director for southern contracting Pat has built a working relationship with the Superintendents, Foremen, Crews, the employees know what their responsibilities are as far as safety and they know what the ramifications are if they do not follow the safety program. Over the past 5 years our employees have developed a good solid safety mind set. The employees and Safety Director work to hand in hand to make sure that the employees have all the safety equipment and training they need to do the job correctly and safely. The Safety Director has overseen the safety of Southern's employees for Water Treatment Plants, Sewer Treatment Plants, Water Pumping Plants, Overhead to Underground Conversion Projects. Wildfire Restoration Projects, Private Development projects and more. Pat is also responsible for keeping Southern Contracting up to date on regulatory changes, new training programs, tools, and best practices, as well as Quality Control and Assurance. Southern Contracting Experience • 2009 - RP-1 Asset Management Items and Digester No. 6&7 Repair, Riverside, CA • 2008 - Temecula TVRWRF MCC-11A Replacement, Temecula, CA • 2008 -University of California Irvine Electrical Step 3 Main Campus, Irvine, CA • 2008 - JB Latham Treatment Plant Sodium Hypochlonite Upgrade, Orange, CA • 2008 - RP-4 Regional Plant No. 4 Expansion to 14 MGD, San Bernardino, CA • 2008 -San Clemente Aeration Sys Replacement, San Clemente, CA _ _. . _.._ _.. 57 ~ Page Appendix 5-184 ~ ,. ~f+~ ;:. ~~t~ . ~. • 2008 -Michelson WRP 2005 Phase 1 Upgrades, Orange, CA • 2008 -Perris VRWRF Tertiary Expansion 2005, Perris, CA • 2008 -Mid Valley Water Reclamation Plant Phase No. 4, Coachella, CA • 2008 -Paradise Village PH1, National City, CA • 2008 -San Elijo Hills Area "T" Phase 4, San Marcos, CA • 2008 -Conduit Dry Utilities, Street Light Studio 5, San Diego, CA • 2008 -San Elijo Ave 20A Trenching and Conduit Job, Encinitas, CA • 2006 -San Elijo Hills Phase 3 & 5, Dry Utilities, Street Lights, San Marcos, CA • 2005 - Chollas Substation, 69KV UG; Trench Conduit, San Diego, CA; San Diego Gas & Electric • 2005 -Colorado River Aqueduct Switchyards and Headgates Rehabilitation, Metropolitan Water District Southern California • 2004 -Crown Hills, Dry Utilities, Line Work, Alpine, CA, San Diego Gas 8~ Electric • 2004 - Escala-Mission City North, Dry Utilities, Street Lights, San Diego, CA, Horton/Continental Residential, Inc., • 2004 - RP-4 Energy Reduction Modifications, Existing WWTP Facility Upgrade, Western Summit Constructors • 2004 -San Luis Rey Water Reclamation Plant Interim Expansion, Expansion of existing WWTP, Filanc Construction Co. • 2003 - CCDC Area 3, OH / UG Conversion, 121N Trench, Conduit, Substructures, Line Work, San Diego, CA, San Diego Gas & Electric • 2003 - IEUA Regional Plant No. 5, New 12MGD Wastewater Treatment Plant • 2003 -Valley View Casino WWTP -Zenon Upgrade, Design-Build, Existing Facility Upgrade • 2003 - Otay River Pump Station & Conveyance, Design-Build, New Sewage Pump Station ,. 58 ~ Page APPendix 5-185 ~1~L~~. RESUME FOR JOHN WHEELER Name: John Wheeler Position: Superintendent Education & Training '~~' '.~. :~ - . Sri y~,~1GIiiF~~, ~ ~ y~ a ~-'• 3~a3~:~ . ?i~~L~~'vr+ Journeyman Inside Wireman Certificate of Apprenticeship Training, San Diego Joint- Intemational Brotherhood of Electrical Workers/National Electrical Contractors Association Apprenticeship Training Program OSHA Confined Space Entry-Competent Person; OSHA Trench Excavation and Shoring-Competent Person; OSHA CPR and First-Aid Certification for Construction; NFPA 70E Training and Certification; Mr. Wheeler has over 21 years of direct relevant project experience in the construction of electrical power distribution systems, data/communication systems and process control and instrumentation monitoring systems. As a Superintendent Mr. Wheeler's responsibilities include: overall project safety compliance; quality control compliance; owner/designer/contractor relations; project coordination and progress meetings; labor and equipment resource planning and allocation; subcontractor scheduling; equipment installation and maintenance; technical and administrative oversight of manufactured equipment; technical and administrative oversight of subcontractors; and Electrical Foreman duties. Mr. Wheeler has substantial superintendent experience in the field of electrical construction. Typical projects that Mr. Wheeler has supervised include: Micro-turbine projects; Substations, both private and utility owned; Water and wastewater treatment plants and pumping station electrical power and process control and instrumentation monitoring systems; College campus facilities electrical power distribution upgrade projects; Grade school campus electrical power distribution and voice/data/video modernization projects. Recent experience includes: Meter Panel Services, San Diego Gas & Electric, Design-Build, San Diego, CA 4S Ranch Wastewater Treatment Plant Upgrade and Neighborhood Pump Station, Design-Build, County of San Diego, Rancho Bernardo, CA _. . _ . .. 5g ~ Page. Appendix - 5-186 ~"#~lir~i.. T~ yd`s.,.. i i ~' ~:. tTa s Sorrento Valley Trunk Sewer and Pump Station 89. HPS Mechanical, Inc., City of San Diego Temecula Water Reclamation Facility Expansion. ARB, Inc., Eastern Municipal Water Dist., Temecula, CA Leucadia Pump Station, Western Summit, Leucadia County Water District, Encinitas, CA _ _ - Encina Water Pollution Control Facility Phase V Expansion Project, Encina Wastewater Authority, Carlsbad, CA. - $9.6 Million. 2009. North Twin Oaks Pump Station Upgrade, TC Construction, Inc., San Marcos, CA Upgrade 5kv Electric System & Ballpark Lighting, Grossmont Union High School District, San Diego, CA San Luis Rey 1Nater Reclamation Plant Interim Expansion, J.R. Filanc Construction, Inc., City of Oceanside, Oceanside, CA 5C ~ Page _ Appendix 5-187 " ~~. z~t5tarf ~ ~,~ . ~~1~~~ ~~ ~~ ~~ ~~~~ ~ ~ ~~ ~~~~ ~. ~ 89 Education Bachelor of Science, Electrical Engineering San Diego State University, San Diego, GA, 1985 Professional Registered Electrical Engineer Ragistrafiorr California -1989 (#13441) Nevada -1995 (#011464) (RCDD) -2006 Experience Matt Long has peen a consulting electrical engineer for 24 years. His responsibilities include all phases of project development, i.e., electrical design, project costing, field investigations, construction administration, among others; and is responsible for overseeing all projects from fee negotiation through construction administration. Mr, Long has extensive experience in Photovoltaic Systems, High an:d Low Voltage Power Distribution Systems,: Motor Control Systems, Underground and Qyerhead 15kV Distribution Systems, Switchgear (SkV, 15kV, and 480V), Wiring Control Systems, Meters, Emergency Power, Fire Alarm and Life Safety SysterTls, Telecomrriunications and Data Systems. Project Experience: • 50 kW Solar Array at Building 2251, MCB Camp Pendleton; . Galiforriia + 200 kW Solar Hybrid System at Naval Weapons Station (NAWS) China Lake, California • Pool Structure with 17 kW Solar Array, Area 14; Camp Pendleton, Cal'rfornia • Pool Structure wlttT 17 kW Solar Array, Area 53, Camp Pendleton, California • Pool Structure with 17 kW Solar Array, Area 62, Camp Pendleton, California • Riverside Energy Demonstration Facility 17 kW Array, Riverside; California • Olivenhain Hodges ESPIPumped Storage Facility Projects • South Cummings 69 kV -12 kV Substation Upgrade, Naval Base San Diego, Califomia • Metropolitan Water District, 230 kV. and 69 kV Switchyards, Colorado Aqueduct and Headgates, Colorado River the Eriglneedng Parfiers. Imo. 7670 Opporhmlty Rpad.Ste, 165 Sari Dlegb. CA 9211.1-2266 ($SSi 541-0442 FaR (858) 541-0843 63, ~ Page Appendix 5-188 ,~ `~tlb`. S:v~ ~~. Ers Education Bachelor of Science, Electrical Engineering San Diego State University 1985 Professional ~- Registration Registered Electrical Engineer California - 1989 (#13381) Arizona - 2003 (#38931) Washington - 2004 (#40316) LEED Accredited Professional Experience Mr. Flores has been a consulting electrical engineer for 24 years. His design experience includes lighting systems, power, communications, energy efficiency analysis, alternative lighting systems, Photovoltaic Systems, high, medium, and low voltage power distribution, motor protection and industrial control systems, coordination studies, short circuit and load flow analysis, fire alarm, and security systems. He is also experienced in utility assessments. His professional experience includes a broad range of responsibilities such as: Planning, report preparation, design, economic analysis and construction management which included the preparation of plans, specifications, cost estimates, studies, and reports for electrical repair projects, new construction, rehabilitation, and installation of electrical utilities. Protect Experience: Design PV System 623208 and Exterior Lighting Phase II, Camp Pendleton, California Design Roof Mounted PV Power System B26, Naval Medical Center, San Diego, California 97 KW Solar PV Rooftop Power System Design, Twentynine Palms, Califomia Solar PV Rooftop Power Systems Installation, Utility Meters Installation, and Irrigation Water Supply Replacement Projects, MCAS Yuma, Arizona Solar Heating, Heat Recovery, and PV Systems Design, NAWS, China Lake, Califomia 200 kW Solar Hybrid System at Naval Weapons Station (NAWS) China Lake, California • 850-4 Reservoir', Otay Water District, Chula Vista, California _. 62 ~ Page APPe~dix 5-189 ~4~F1~9 ~~ ~~ ~~ ~~~~ ' l~t~ JAI~s 1![ASt~I PROJECT MANAGER STELLAR ENERGY SaLCI-LIONS, LP EDUCATION San Diego City College Accounting gad Business Administration Licenses & Certifications California State Real Estate License Emergencj: b3edicalTechnieian CErtifcation NationalAvaktnche School - Phase I and Phase II LT.S. Forest Service State License: Rack and Avalanche Blaster PROFESSIONAL EXPERIENCE STELLAR "°. ~ :_ s 3 $~`~ ~, Stellar EnerA' Solutions,l.P Project Manager 2008 -Present • Project Manager for lame, commercial solar PV installations, including plan evaluation and impiementation, materials acquisition, subeoatractor oversight, scheduling, cost control and safety training. Solar City Salar Sates Constiltant =ooh - _,QoB • Presented solar solutions to corporate and residential prospects. . Used On-Grid gad Sohnetric system to determine size and cost of ss~tem necessary to fulfil each prospect's electricity requirement, as well as site-specific soar access and shading. k+tanaged cusfomei• contacts and progress of each prospect ttiraugh Sales Force CX1Yi software. . Lised 1Vt5 Word gad Excel to compose bids For each prospect . Did marketing for sales through hanie improvement trade shows in Southern California. Garlwd Industries Business Deyelopment/Projec[ Manager aoo5 - 2oc)7 • Project Manager For Lemon Grove School District Solar Photovoltaic instapation tivhir#t included three schools for a total of ggo kilowatts installed, Oversaw subcontractors and handled all communication with the.District Superintendent. Chaired weekly progress meetings to see that project met required time-line. • bfanaged therehabilitation of Gundry Reservior (Signal Hill, Cr1) under strietr\W4VA Code. This included mobilizing, hiring and over-seehmg all st>heontractors, worldnawit$ architects, engineers and inspectors to keep the project emphasis on time and managing the~vhole groject from inception m wall:-through and sign-off. Chaired weekly meeting with city. officials to coordinate and communicate weekly timeline and expected work to be completed far the upmnring week. Maintained daisy logs far all aspects of the pTOject, including materials received and subcontractors time. 63 ~ Page Appendix 5-190 ~E~Gy~tf~ ~ 4~ - ~~ ~~ James Nash Page 2 ~y STELi.AR Uulwiited Energy Business Development/Yi~oject 14lanager xoo4=xoog - - • Worked as an independent contractor for one of California's first Solar Photovoltaic contractors. Stimulated business development throw cold calling and direct mail. ~~Vorked on the San Diego Cotmtry• Estates (3u laIowatts) account from initial mld call through the presentation, proposal and walk-thrgngh phases- • Managed and coordinated all the bid data from subcontractors for the Lemon Gro~~e School District proposal 3rd Rock Systems &'Fechnologv Business Development/Project. Manager 2003-200} • Responsible for'the sale and iinpleTaentntion ofSolar Photovoltaic systems in Southern California territory. • Facilitated meetings and developed business through cold calling and direct .mail. • Closed accounts including Lemon drove School District (S3o kilowatts): Alpine School District (bit total kilowatts), Zion Lutheran Ghureh & School (301.-ilowatts),PorvaySohool District (200 6'ilowatts), Cajon Valley School District (~ kilowatts)"as well as additional projects. • Coordinated a-.gnplementation and.installation pf solar projects. • Allocated resources.and prioritized details of projects. Goldtivell BanlerAssociates Realty Realtor xobi-xoo3 • Managed all aspects of property lisrings and sales. • Representated both properly sellers and buyers.in transactions. • Coordinated all property inspections.and contingencies. • Handled all paperwork including legal documents. M:r. Miniblind Principal 1989 - x~4 • Started and was sole proprietor of window covering business. Managed all payables, receivables, and liooldceeping. • Coordinated all advertising, marketing and business development functions. . i4innaged )arse mmmer¢ial sales and installations, in~~luding materials and budgets. • Handled all vendor relations and customer service issues in a timely and professional manner. United Parce3 $errice Specialized. Sorter i98i-i989 tiVorked nights as a sorter while attending San Di ao Gity College. • Promoted to Specialized Sorter within two months.. • Participated in team work effort. 64 ~ Page - - - APPe~dix 5-191 ~~ ~: "rte . ~ _ a ~ .~ }.:. *i~ i96S ..t. ~~~~~~~~ ~~~ ~ ~. .;F4 ~" A° V . erg CHRIS GUSTAFSON SENIOR PRO:IEGT MANAGER STELLAR ENERGY SOLUTIONS, LP SYEttAt't EDUCATfC17 iVlonterey Peninsula College _ Uni~zrsity of California, Santa Cruz EXPERIENCE IVIr. Gustafson s background includes both electrical and construction project management with a concentration in green energy projects; specifically solar photovoltaic energy systems, FIis services have included employee oversight, plan er-aluatioh and implementation, materials acquisition, subcontractor oversight, cost conhul, scheduling, and employee safety training. In his early career, ufllizing his educational background in biology,l4ir. Gustafson manugeil a private aquaculture business which utilized water re-use technology for aquatic animals grown in high density. In this posiCion he managed employees; computer systems, planning and implementation of long term hatchery production strate;y, and hatchery consint¢tion and expansion. In addition iYlr. Gustafson was responsible for brood stock management, laro'al rearing management; fash grow-out management, venter cl;emistry, algal and rotifer culture and lab diagnostics. SPECIFIC PROJEC'i'~ERIENCE Senior Project Manager for Stellar Energy Solutions, a Commercial Solar Integrator. Responsibilities include oversight of numerous projects within California.. Volume in excess of $38,ooaooo far 2008. Foster's Wine Estates Americas -Cloverdale, CA -Asti The ~s ti project was the Ltrgest of five Foster's photo~roltaic systems installed in.late fall of 2QOS. It was a total of t,152 kilowatts and was comprised of 5~3~ roof-mounted Sharp solar modules and 4large SatiCon Power Systems inverters. Completed December 2008. Foster's Wine Estates Americas - St. Helena, CA -Beringer Main The Beringer 14lain projeciwas comprised of several separate roof-mounted systems tivith a combined total of t,t~2 kilowatss. Completed December zoo8. Foster's Wine Estates Americas - St. Helena, CA -Beringer Warehouse G&FI With a total of 4oi.:} kilowatts, Beringer Warehouse G&H was also aroof-mounted system completed in December 2008. F'oster's Wine Estates Americas -Napa, CA -.Stags' Leap Positioned at the beautiful Stags' Leap W-finery, this project was 225 kalowatts. C-0mpleted December 2oo8. Stags I.eapwas aroof-mounted system. Foster's Wine EstatesAmericas -Naga, CA - Etncle Etude was the smallest of the eurient Foster's 4Yine Estates projects. This photovoltaic system was ,toy kilowatts, and roof-mounted. Completed December 2008. City of Willits Water Treatrnen[ P lout -Willits, CA Installed for the City of ~villits, this project consisted of twv ground-mounted solar arrays totaling 35g kilowatts. Completed October 2008. 65 ~ Page Append9x 5-192 F't~!:'~ec ~~~ l `~ e~ ~^ ~I ids ~~ ~~~~ ~+~'=}.~ .~~~~~~~ a. ~, Chris G'tuCafwn Page •: STELLAR City of San Francisco - NorEh Point Water Pollution ConiroT Plant Anon-penetrating roof mounted solar installation, this project is rated at ~8~.7 kilowatts. itwas completecl.in early 208. _ . Cityof San Francisco - Central Distribution Center The SF-CDD project is a roof integrated solar system ra ted at to3.g kilowatts. Comp'le[ed 2008. Hi & 7Jry Warehouse Inc. -Sutter, CA Completed is I4Inrch of 2o07, the Hi & Dry projectwas a 20o kilowatt grotmd-mount project. Bank of Willits -Willits, CA The Bank of ~+i tllits solar installation is a roof-inte~ated spsiem which totals 82.97 ki]owatts. A data aquisition system displays lire data in the bunk lobby. Completed 2007. Payless Self Storage -Richmond, CA Completed in December 2006 and commissioned in early January 2007, the Payless Self Storage photovoltaic system is aroof-mounted 8o kilowatt soar facility. 55 ~ Page Appendix 5-193 ~'".- M.- ~,, ~;t~r ~~ ~~~~ . e,,. Appendix D ~-~~~ ~~ PROJECT REFERENCES : Q~outhern G-'antractiny G~°m~anp 559 N. Twin Oaks Valley Rd, San Marcos, CA 92069 Ph(760) 744-0760 Fax(760) 744-6475 Major Projects Completed in Last Two Years Project Title: Loma Alta Creek Job I.D. # 95611 Location: Oceanside, CA Contract Price: $395,516.00 Year Completed: 2008 Engineer: Carollo Engineers Owner: City of Oceanside Guss Pennell (805) 505-1020 300 North Coast Highway Oceanside, CA 92054 General Contractor: Orion Construction Heidi Andrews (760) 597-9660 1232 Keystone Way Vista, CA 92801 Project Title: Encina Water Pollution Control Facility Phase V Expansion Job I.D. # 94981 Location: Carlsbad, CA Contract Price: $9,585,955.00 Year Completed: 2008 Engineer: Black & Veatch Owner: Encina Wastewater Authority Duane Larson (760) 268-8812 6200 Avenida Encinas Carlsbad, CA General Contractor: JR Filanc Construction Company Arnold Wingler (760) 941-7130 740 North Andreasen Drive Escondido, CA 92029 67 ~ Page Appendix 5-194 ~4;ist~g,. , a.. .,~, ~. ~ _: ~l . arm Project Title: Job I.D. # Location: Contract Price: Year Completed: Engineer: Owner: General Contractor: Mid Valley Water Reclamation Plant Phase No. 4 94361 Thermal, CA $2,260,560.00 2008 Lee and Ro, Inc. Coachella Valley Water District Royce Jones (760) 398-2651 Ext. 2432 85-995 Avenue 52 Coachella, CA 92236 CW Roen Construction Company Steven R. Rosenblum (925) 837-5501 Ext. 110 40 Oak Court Danville, CA 94526 Project Title: RP-4 Expansion to 14MGD Job I.D. # 94231 Location: Rancho Cucamonga, CA Contract Price: $4,059,991.00 Year Completed: 2008 Engineer: Black & Veatch Owner: Inland Empire Utilities Agency Mike McFarland (909) 993-1628 6075 Kimball Avenue, Bldg B Chino, CA 91710 General Contractor: Tasisei - T&K Joint Venture Edmond Sayegh, 25500 Hawthorne Blvd., Ste. 1000 Torrance, CA 90505 Project Title: North Twin Oaks Pump Station Job I.D. # 94381 Location: San Marcos, CA Contract Price: $251,000.00 Year Completed: 2007 Engineer: Moraes Pham ~ Associates Owner: Vallecitos Water District (760)744-0460 201 Vallecitos De Oro San Marcos, CA 92069 General Contractor: TC Construction Co. Maria Pasaba (619)448-4560 10540 Prospect Ave Santee, CA 92071 68 ~ Page Appe~dox 5-195 y~`tS~~Mi",~, . ~r~EL4~' ... "~:~~: :, ~;,~„ . ~. Project Title: 450-1 Recycled Water Reservoir & 680-1 Recycled Water Pump Station Job I.D. # 94371 Location: Chula Vista, CA Contract Price: $1,000,000.00 Year Completed: 2007 Engineer: MWH Owner: Otay Water District - (619)670-2222 2554 Sweetwater Springs Road Spring Valley, CA 91978 General Contractor: TC Construction Co. Maria Pasaba (619) 448-4560 10540 Prospect Ave Santee, CA 92071 On-Going Work Southern Contracting Company Curren t Work In Progress Contract Est Cost Cost Completion Value At Completion to Date Date Olivenhain-Hodges $ 6,896,240 $ 6,560,000 $ 3,409,575 June 2010 Palmdale WRP Stage V $ 16,200,000 $ 15,390,000 $ 915,187 August 2011 Lancaster Liquid $ 1,075,174 $ 1,010,000 $ 50,455 December 2009 Miramar WaterTx Plant $ 2,606,000- $ 2,475,000 $ 98,497 December 2010 _ Encina Waste Water $ 9,633,213 $ 9,633,213 $ 6,054,816 June 2009 UCI-Oil Switches $ 169,500 $ 160,000 $ 103,200 February 2009 HJ Mills WTP $ 1,301,639 $ 1,235,000 $ 836,881 October 2009 San Vicente Res $ 159,000 $ 130,000 $ 78,958 October 2009 Chevy Chase Reservoir $ 504,598 $ 480,000 $ 9,739 February 2010 Rolando #2 $ 350,000. $ 275,000 $ 205,158 June 2009 La Jolla Blvd $ 376,319 $ 280,000 $ 261,677 June 2009 $ 39,271,683 $ 37,628,213 $ 12,024,144 69 ~ Page APPendix 5-196 ~.., ~~~~ ~; rt~ # ~ ~~; . `~ ~ v~~ - ~, ~~~~~~ ~ o FI~~I~~ ~~~te~~~ o ~~~~~ ~~~~~~III L~tt~r o Ir~~~~~ce ~I~e~ 7~D ~ Page Appendix 5-197 V ~ tip ~'!~?lC~~U~~. Surety Bondability Letter (three pages) 71 ~ Page ~.-~,, _ ~.. W ~~'-~~ d~ ~~'n '~ ~" , ~. Appendix 5-198 TRAVELERS) February 12, 2009 City of Chula Vista 276 Fourth Avenue, Bldg. 200 Chula Vista, CA 91910 Travelers Casualty and Sursty Company of America 9325 Sky Park Ct #220 San Diego, CA92123 Fax: (860) 728-8987 RE: Surety Bondability Letter -Southern Contracting Company To Whom It Nlay Concern, We understand that Southern Contracting Company is in the process of Pre-qualifying for a construction project(s) for the City of Chula Vista. As part of this process you have requested that Southern Contracting Company provide evidence of their nnancial capability to t~btain and maintain the necessary bonds to cover its con-traction projects. Travelers Casualty and Surety Company of America has had the pleasure of handling Southern Contracting Company's" bonding requirements since 1995. Travelers Casualty and Surety Company of America enjoys an "A+" rating by A.M. Best and appears on the "Treasury List" as published.by the Federal Government and they are considered an "Admitted Surety" approved by the California Department of Insurance. We have bonded several projects for Southern Contracting Company with the largest being in excess of $20,000,000. We provide Southern with an aggregate bonding facility of $50,000,000. These projects have all been successfully completed and did not represent the ceiling that was available for this company, but rather the largest that we have so Par been requested to provide. Our investigation of this firm clearly indicates a company thoroughly versed in the construction industry with a great depth of experienced people who have become known for their ability to complete jobs on schedule and within budget. We assure you that based upon our normal conditions being prevalent, we can foresee no difficulty in fulfilling requests by your organization to execute faithful performance and labor and material bonds, as required by the terms of any contract awarded to them in the price range outlined above. You understand, of course, that any arrangement for the final bond or bonds is a matter between the Contractor and ourselves and we assume no liability to third parties or to you if idr any reason we do not execute any required bonds. This letter is no*. an assumption of liability, nor is it a bid, performance, or payment bond. This letter is issued only as a bonding reference requested from us by our client. Please do not hesitate to contact me at 760-73 8-2610 with any questions or for further input. Sincerely, Travelers Casualty and Surety Company of America Matthew C. Gaynor Attorney-in-Fact 5-199 WARNING:THIS POKIER OF ATTORNEY IS INVALID WITHOUT © ~, P®~R ®F ATT~O~1~Y T~ +~~~~~~~ ~ Farmington Casualty Company SL Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul iVtercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company • Seaboard Surety Company Travelers Casualty and Surety Company of America . St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 218004 Certificate No. O O ~ O O ~ O 9 I~~10W ALL MIEN BY THESE PRESENTS: That Seaboazd Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and 5t. Paul Mercury Insurance Company are corporations duty organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under [he laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly otganiied under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that [he Companies do hereby make, constitute and appoint John G. Maloney, Mark D. latarola, Karen Jean HaII, and Matthew C. Gaynor of the Ciry of Escondido .State of California ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in [heir business of guaranteeing the fidelity of persons, guazanteeins the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any acIIOns or :proceedings allowed by law. tlTTNESS WHEREOF, the Companies have caused this instrun-,=nc to be signed and their corporate seals to be hereto affixed, this Se tember 2008 --~ of p , Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Instil aitce Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 10th St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company ^SU ~TM~ 5~ry F1*•~ f\*w!N`G '' Wray ,t tr '~Na µa sam,~ pF13tY'Ly0 ~ p~~R1I, L V ~~ 6= * ~ ~ f /f RPOR > G:'~ ~'~ u 4i,. ~ o mcmtvcnarma Te !~ CQ ~, ,TF;ms w?coRTORgrf p,~ S ~ I~ARy ~' a ~ 1sn ~ 1sa7 < ~ ~ : , ~F: M :~ W N~~~, < ~ ~~ ~ ,e96 'n• ~i •07 Or2Yt ~ in a r ~`•SEAL!o; ~,. CONN. c ~ ~ g° a 1951 N, # k ~~, o. ~~.,•` ,~, 1~,S~AZ;~n = ~, des ~ ','.~ ~i la's ~'oFnEN~ r~xwrcEG.3 +s . aN~i' \;~.~~ ~ '~f ~ ~d+~ l . 'i°~ 1'~ AiN~ w.,.~~ State of Connecticut City of Hartford ss. By: Georg Thompson, enior ice President 10th September 2008 On this the day of ,before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument far the purposes therein contained by signing on behalf of [he corporations by himself as a duly authorized officer. ~.T~7 'fitness Whereof, I hereunto set my hand and official seal. ~ ~ Cotnmissian expires the 30th day of Tune, 2011. ~ `D~Bt1~+ # C~'$ 5-200 V Marie C. Tetreault, Notary Public FRd4r1-5-07 Printed in U.S.A. i~~~'~~d7 ~L~~3,7~'i~~a7~ ~V~`57~~~~~7 1 Na.5193 State of California COUnty Of SlSI DIEGO ) On 02/12/2009 persanally appeared _ DEBORAH D. DAVIS, NOTARY PUBLIC before me, MATTHEW C. GAYNOR 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 4 .l.i._ _~_~_ ~~ ~; ., a,~i~ ~. oavls ~, COMM. #1737411 n s es '- '. ~ NOTARY PUBLIC-CALIFORNIA N "Fr-`i '` ~ S~aN DIEGO COUNTY <Hi '~ fFOP~~T My Camrn. Exp. APRIL 21, 2011 ~v~,rv~~~ ~`~v~i I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. v Signature of Notary ~~®1'i~ a~G s3 i ]7J~ GAPAGITY GI.AIM~13 BY SIGI~I:i3 Though statute does not require the Notary to fil in the data below, doing so may prove irnaluable to persons relying an the document ^ INDIVIDUAL ~ CORPORATE OFI=ICEA(S) TITLE(S) PARTNER(S) ~ LIMITED GENERAL ®ATTORNEY-IN-FACT ^ TRUSTEE(S) GUARDIAN/CONSERVATOR ~ OTHER: SiG~iEl3 IS RI:P131:SE~ITI~IG: NAME OF PERSON(S) OR ENTfTY(IES) - UP~OP~iI. Sf~Tit3~! THIS CERTIFICATE MUST BE ATTACHED TO T1TLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 5-201 ", y.~G€~Zc,Cr ~-- a, ~. ~~ ~. ._ ~, 72 ~ Page... a-PPer~dix 5-202 cK'~'~ 4;#~~tt€ ~ i $. -~.. iii j' , +'_'~ . ert _. _.... ... 73 ~ Page ..... 5-203 Appendix ~~ '~ ~~;t5itlr~C~ ..~ . ~: ~ tom- ,. g . J~1 Insurance Certificate (first page). Balance of certification available upon request. ACOI2DP' iaBIE}Tl(;-ti~tSt~JRATFI ~E' eERTiF~GPETE OF ~ ' F r ~~ ~ ,, . . ~ .rzaas Ptotlueer ~ T}i15 CEATiflCATE LS ISSUED AS A MATTER' OF INFORMATION _ ONLT AND CONFERS YO RICiH'rs UPON THECERTIFICATE HOLDER. SullivanCuTtisMonroe Insurance Services TH6 CERTRICIITE DOES NOT AMEND. E%TIIVD OR AI:TER THE i05 S iit i M a ~vERaGE aFFORDEO av~tlE POLCIES a¢OVr, ve,: t e to Dr 980 ante Cargna , CA 92879 wsJRLR Travelers Proppeerty Casualty „ B5~A9a:~oo uc~,San DEe3B7D NiaURER Travelers Indemnity Compan}~~`: www.5u9rvanGiJAisMDnio~mm Of CeMBCtlCilt x_~~, ~,~ <';r esJIiER :,,NationaF CfriidrsFra fnsuiance m an tr C C tin h '~CDm a oFFittsbu p y o on ac g 5cut em P.O. Sox 445 u+sux4R u~eaBngl~t i,;sruanca Company San Marcos CA 92079 w,:,, . ~ ~;F~ NJ51R1FR ~ ~?. a. 4 COUE72fGE5 ' ~ _ ; ~~~ E POLICI . O ~ INSi1RAN ~ ~~ BELOW HA~uEBEEN~ ISSU j0 THE INSUR :NAMEEYA80VEiFORIHE PODGY PERIOD INDICATED. NCTWITPiSTANDINGAHY REQUIREMENT', TERM OR CONDITION OF ANY CONTRACT' OR. OTHER: WCUMENT WITH RESPECT TO M/HICH THIS a 0E5CRIBED HEREIN IS SUBJECT TO ALL THE CERTIFICATE MAY HE ISSUED?.QR,MgY. PERFAIN, THE INSURANCE AFFOROED;BY TFEPQUCiE5 TERMS EXCLUSIONS AN6 CONE11T10N5 OF 5UCH POLYCIES. AGGREGA.TE'1JNITF.S SHCNNN.M1VCY HAVE BEEN REDUCEi)~ BY PAID CLAIMS. a`'~•f~ EEEECTVE ;; :EXPIRATION ~LTR TYPE OF INSURANCE PODGY NUMEEIt ~ ~ ?!r DATE. •. - .DATE. UrAI'S c A GENERAL LIABILITY ALUas E +F Enc co DTE000647C84i~Z~~B 50/1/2008 10f1/2003 cDRaENa EACNa F,ia'DAnvr,E uw/Yei . : uu;c r n rArA ~ ~ ~~y ClNA+t AeED E%! AA• ~ S QO ~ Garm F ia6 3fCU Induded ![RSnrut JJ Aav ~IUaY s . ... 6ENEPAI. AGGREGATE. E ' AGG'UMI APP.II DUCiSCDATNl AGG 9 loucr ~ECr tae ~ a ~ AI1TOMOBILE LIA9RJr'f DTS'100647C84ATCT08 10f1f2008 101i/2009 toMUNEq,sDR;cr uaar s 1.,000,000 Alrta ML DWNED'AUTOa AUTDa aaDILYDUURr Rtr Pd~. a aCNNULF,D aDOILY INJURY NIRE6 AUTa5 T {Pfiidl~l.1 a 05 NON-OWRED a1J lRDPERTY DANACd ~ S 8RJ1`N AUTO ONLY • FA ACCIDENT a GARAGE LIA MiA OTHER 7MAN EA.AC S A13Y AUTO AUTO ONLY: AGG S C EXCESS LFABIUTY snuDE Q c BE7fi60860 10/1/2008 10/1@00$ EACH.DCCURRENCE AGGREGATE s ceAw wR . a s m a .DEDUCn .E RETENTNi« s 14.000 a ' - D WORBERS' COMPENSATION & EMPLOYERS"UABIUTY BH108i556 10/1/2008 10/1!2009 SCATUiDRY l1MIT ¢rAeHawD[trr ~ ., ;$j ¢ ;"h ~' . ¢DLSEASE-rA EMPIDYEE 3 O OO EaD6EASE-PDUCYI.Dar. s P 1 O. N Far Bid Pupuses Only e City Df Chula Vista, iYs officers, officials, employees and yolUnteers will 6e nomad as Additional insured upon coniracl: signing: CERTIFtC.4TE MOLDER ''.' :: - O ~ ~ ar iC urposas Only CIES BE CANCELED BEFOAETHE ~ aNr F Tt1E ABOVE DESCRn1ED POET EXPiRAT1pN~DATE THEREOF. THE LSSUING COMPAtF/ tlVR:i. ~~MNL Gil Of Ctlula Vita 30 GAYS wrtlTTEN NOT16ET0 THE CFRTInCATE HOLDER NaaaD TO THE 27fi EDUnh AVeRUe ~' Chula Vista CA 91910 •10 DeA MNa•HaY.w.tarhaW.a UT110RIgD FPRESFNTATIYE Barrhe GaRaIO :AGGRO ZS-S Q/9Z}_ .... ~~' ~ ~ - ; '~' ': .. ©`ACORDCORPORATION 1989....... slmr eaoA; socDlmin a.re5 •ssr~.ro sJnhaR! s:aE.>,E rN aAga >. oe u 74 ~ P e g e 5-204 Appendix ~ ~ l~T4h3~ ~~a ~ ~~ ~~ ~ ~ ~ 4~ ~,. A~~~~ ~ ~ ~~~ ~~ P a g e 5-205 APPendix N 0 ~ ~ ILaUar ~' Ch la V4U - Funding Eshma[<d 54te ~ - ~ ~ ttacommended Requested ~_ Sde Name Address SYsteni Sire System Type Amount w/p ' PrlodN PnprlN IkW aSTCI _ OIR Add r _. Phase OneCnnce ptualEnglneering ,Phase Two Detailed Engineering trp~af2oakwssRao/ smrwl~9s:a~fss/Rpm°: ' n/a rllp ~` T caf 200kW Ground Mount ~. ~ Ground MOUn[ CIW/SlrYrt. ., :.:. ... ' '. x t T l-` ll nCOSV D Gvll/$VdcL Cosls '- .. Bonds Insurance ~ ,_ EE Masttt Plan DB TIaed Fee ~ Tptal ~ Typu:al200 kW Carport ~ ~' - Carport '- Oesl nCOSIS Cosh Bonds Insurance OB Fl ed Fee o a e SO $9 273 332 $1 $23 525 1 1 1 PubUc Works Yard pNtiall 1800 Maxwell Rd S6kW Ground MOUn[ $344,529 $3,495 $861 $3,035 $3,682 $258 $11,282 $10,336 $2,584 $0 , 86 , $638 , 277 $11 36kW ~ SS ROOF $234,000 $2,390 $585 $2,061 $2,501 $176 $7,663 $7,020 $1,755 $0 $0 4 $1, , '1 1 1 Norman Park Center lSS Site Y3 270FStree[ $909 $3 202 886 $3 $273 $11,905 $10,906 $2.717 $0 $0 $765 5864 $15,261 '~ ~ 1 3 Veterans Park lSS Site Y21 785 East Palomar it SfikW SS Raof $363,545 $3,635 , , $3 900 $975 SO $0 $1 663 $392 $6,931 1 9 ANmal $helmrlSS Sita Y3) 130 Beyer Way 20kW SS HOOf $130,000 $1,300 $325 $1,145 $1,389 $98 $4,257 , , 829 $14 649 ~ W 39kW SS ROO9 $256,620 $2,566 $642 $2,261 $2,743 $192 $8,409 $7,699 $1,925 $D 50 $4,196 $ , 1 6 Pukvn Comm. Center lSS Slla tl4l a 373 Park $260 $916 $1 112 $7B 406 $3 $3,120 $780 $0 $0 5768 $280 54,998 1 6 Heritage Park lSS Sile tl5) 3381 Palamu 5t 16kW 55 Rpaf $304,000 $1,040 , , 0 06 $2 727 $0 $0 903 $2 5992 $17,528 1 7 lk Park M t 8000unnn Ranch Rd S6kW SS Hoof $363,545 $3,635 $909 $3,202 $3,886 $273 $11,905 $1 ,9 , , on ava fikW C rt 307 $394 943 $3 $986 $3,473 $4,219 $296 $12,912 $11,829 $2,957 $0 $0 $11.545 $1,580 $27,912 3 B Clvlc Canter 276 Fourth AVe S arpo , , $0 $0 $0 $0 $0 $0 $0 $0 50 3 9 yolks Headquarters 315 Fourth S[ kW Carport SO $0 $0 $0 $0 $296 912 $12 829 $11 957 $2 $0 $0 55,455 $1,214 $21,456 2 10 Loma Verde Rec [enter 1420 LOmaLn 56kW tar mt $394,307 $3,943 5986 $3,473 $9,214 , , , 085 $0 $0 480 $1 $714 $12 619 3 11 Otay Rec Cenlar 3554 Main $Veet 93kW 55 Poof $278,005 $2,780 $695 $2.449 $2,971 $209 $9,104 $8,340 $2, 0 , 750 1 $923 , 306 $16 2 13 c FadllL S lt G k R 27300tay Lakes Rd SfikW 55 Rpof $363,545 $3,635 $909 $3,302 $3,886 $273 $11,905 $10,906 $2.727 50 $ $ , , y a ee e ~ "~ 402 226 $3 $32 264 Dfifi $B $28,421 $34,980 $2,420 ~.--'$105,655 '--$96,792 $24,398 - $0 $0 :'-'$41,fifi2 59,759 - $172,911 TOnI.. '~~ ~--- ' - 490kW , , , , 3.3% $0.090 5.3% Full Mechanical Review and ECM assessment $0.10 Basic Assessment Plus Advanced Controls and Lighting ECMs $0.07 Basic AssessmenUB011d Database/Retrocommission Opportunities $0.03 per sf Ve I N J } a _ j 4T,~- ~ s1f ~x 5 r t~.- / / A / /..~ ~ ii A :. eSr _i ~F $.~ ~, .a.. 41r.3 , .. . ~. "! 5[e8ar ~ thole v'rsn Fztknated 5I[e ~ Wnding - . pecommended Pa9~stad SIt4 NatRe: Address System Sim(kW .System TYPO Amount w/o - - ' PrlorkY pnonty' ... `. ~;. ~. - ? DCSTC) OIR Adder - , (S/site) - ~ ~ - '~ Pha se 111 Const ruction ' ~ ~. ~ ~ - RE CAP - TYPk41100kW 55 R f ~ sm narn9 senm asf R nel n/a ~ TYPka1200kW Ground Alaunt Ground Mount - M for Installation Gen rat .Overhead. ~ '- B k d F ~, ~ e C li Total~~ ~ Phasel En .., Phase ll~En Pha;;111 ConstmRlon Total. - ' '- Typlcal200kW Carport Carport ~ E ul ment SubconuaR Conditions recove e ee D F on n n $15 486 $309 722 511 282 525 $23 $309 722 $344,529 3 1 1 public Works Yard (Initial 1800 Maawell Rd 56kW Ground MOUrII $344,529 $165,059 $72,010 $9,292 $9,292 518,583 , 753 5 0 , $215 060 , $7 663 . 277 $11 , 060 $215 $234,000 ~:!I~IaI ~'~ 1 2 Norman Park Center (555itetli 270FSneet 36kW SSROaf $234,000 $128,499 $50,002 56,452 $6,452 512,904 1 , , , 905 511 , $15 261 , $336 378 $363 545 . . ~~"~t~ 1 3 Veterans Park (55 Slte p2) 785 East Palomar St. SbkW SS Raaf $363,545 5200.986 578,200 $10,091 $10,091 $20,183 $1fi,819 $336,378 , , , , ; 20kW SSfloof 000 $130 570,990 $27.624 $3,564 $3,560 $7,129 $5,941 $118,812 $4,257 $6,931 $118,812 $130,000 3 d Animal Shelve (555ite tl3) 330 Be er Way f SS R , $256 620 557 $139 $54,309 $7,007 $7,007 $19,019 $11,678 5233,568 $8,404 $14,649 5233,568 5256,620 1 5 parkwa Comm. Center SS Site Y4j 373 Park Way 39kW oo , 000 04 , 557 348 238 $22 869 52 $2.869 $S,J39 54.782 595,646 $3,906 $4,948 $95,646 $104,000 1 6 Herkage Park (555ite tl5) 1381 Palomar 5[ I6kW SS ROOF $3 , , 99 632 , 681 $77 , $10 023 $10 023 $20,047 $16,706 5334,112 $11,905 $17,528 $334,112 $363,545 1 7 M4ntevage Park 800 Duncan Ranch Rd S6kW SS Roof $363,545 307 394 , $1 $211 206 , $82 38$ , $30 fi04 , $10,604 521,209 $17,674 5353,482 $12,912 $27,912 $353.482 5394,307 2 B [laic [enter 276 Fourth AVe 56kW Carport , $ , , , $0 $0 $0 SO SO $0 1 9 Ponce Head uarters 315 Fourth St kW Carport $0 $0 15 063 $0 686 $83 $0 $10 798 $0 798 $10 $0 $21,596 517,997 $359,939 $12.912 $21,456 5359,939 $394,307 2 10 Loma Verde pec Canter 1420 Lama In 56kW Carport 5394,307 005 , $2 $153 128 , $59 586 , 688 $7 , $7 688 $15,317 $12,814 $256,282 $9.109 $12,619 $256,282 $278,005 2 11 D(a pec Center 3554 Main Street 43kW SS ROaf f $278, 545 $363 , 362 $200 , 965 $77 , $10.060 . $l0,Ofi0 $20,120 $16,767 $335,334 $11,905 $1fi,306 $335,334 $3fi3,545 " 2 32 Salt Creek Rec Facility ~ 2730 Otay Lakes Rd S6kW 9 ' 55 pao , _.53 226 402 , 761 631 51 , - $685988 588,450 $88,450 $176,900 '- $147,4]7 52,948,336 x$305,655 ~ 5372,411 -52,948,336 $3,22fi,402 Total 4 0kW , , , , ~,, a,,, ~-, ~o._ o nw_ a noa. 6.0 i 5.0 % 100.0°O/u