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25-033 Syserco Energy Solutions, Inc for Photovoltaic Systems Design and Installation project     PUBLIC WORKS DEPARTMENT • 10300 TORRE AVENUE • CUPERTINO, CALIFORNIA 95014    DESIGN-BUILD CONTRACT DOCUMENTS   FOR THE    CUPERTINO PHOTOVOLTAIC SYSTEMS DESIGN AND INSTALLATION PROJECT   CIP PROJECT NUMBER 2025‐02      DOCUMENT 1.3 - CONTRACT PROJECT DIRECTORY    Project Name: Cupertino Photovoltaic Systems Design and Installation project    Cupertino project numbers:  G.L. NWS CIP  420‐99‐274 FVAR 004 2025‐02    Project Locations:    Facility Address APN  1 Quinlan Community Center 10185 N Stelling Rd.  Cupertino, CA 95014  326 54 041  2 Cupertino Sports Center 21111 Stevens Creek  Blvd. Cupertino, CA  95014  326 29 022  3 Community Hall 10350 Torre Avenue,  Cupertino, CA 95014  369 31 033      Project Manager: City of Cupertino    Susan Michael, CIP Manager   Public Works Department   10300 Torre Avenue   Cupertino, CA 95014   PH: 408‐777‐3354   FAX: 408‐777‐3333   e‐mail: SusanM@cupertino.gov     Address for Stop Notices: City of Cupertino    Public Works Department   10300 Torre Avenue   Cupertino, CA 95014   PH: 408‐777‐3354   FAX: 408‐777‐3333   e‐mail: CapitalProjects@cupertino.gov        i CUPERTINO PHOTOVOLTAIC SYSTEMS DESIGN AND INSTALLATION PROJECT TABLE OF CONTENTS TABLE OF CONTENTS .................................................................................................................... i  Design-Build Contract ...................................................................................................................... 1  1. Contract Documents. ....................................................................................................... 1  2. Definitions. ....................................................................................................................... 2  3. DBE’s Responsibilities. ................................................................................................... 2  4. Payment. ......................................................................................................................... 2  5. Time for Completion. ....................................................................................................... 2  6. Liquidated Damages. ...................................................................................................... 2  7. Labor Code Compliance. ................................................................................................. 2  8. Workers’ Compensation Certification. ............................................................................. 3  9. Conflicts of Interest. ......................................................................................................... 3  10. Independent Contractor. .................................................................................................. 3  11. Notice. ............................................................................................................................. 4  12. General Provisions. ......................................................................................................... 4  Payment Bond ................................................................................................................................. 7  Performance Bond ........................................................................................................................... 9  General Conditions ........................................................................................................................ 11  Article 1 – Definitions ..................................................................................................................... 11  Article 2 – Roles and Responsibilities ........................................................................................... 15  2.1 Relationship with City .................................................................................................... 15  2.2 Scope of Services ......................................................................................................... 15  2.3 Design Services. ........................................................................................................... 16  2.4 Construction Services ................................................................................................... 19  2.5 Subcontractors. ............................................................................................................. 22  2.6 Coordination of Work. .................................................................................................... 22  2.7 Submittals. ..................................................................................................................... 23  2.8 Shop Drawings .............................................................................................................. 24  2.9 Access to Work. ............................................................................................................ 25  2.10 Personnel. ..................................................................................................................... 25  Article 3 - Contract Documents ...................................................................................................... 25  3.1 Order of Precedence. .................................................................................................... 25  3.2 Bridging Documents. ..................................................................................................... 25  3.3 Caltrans Standard Specifications. (Not used.) .............................................................. 26  3.4 For Reference Only. ...................................................................................................... 26  3.5 Current Versions. .......................................................................................................... 26  3.6 Conformed Copies. ....................................................................................................... 26  Article 4 - Bonds, Indemnity, and Insurance .................................................................................. 26  4.1 Payment and Performance Bonds ................................................................................ 26  4.2 Indemnity and Liability ................................................................................................... 26  4.3 Insurance ....................................................................................................................... 27  Article 5 - Contract Time ................................................................................................................ 30  5.1 Time is of the Essence .................................................................................................. 30  5.2 Schedule Requirements ................................................................................................ 31  5.3 Delay and Extensions of Contract Time ........................................................................ 32  5.4 Liquidated Damages ..................................................................................................... 36  Article 6 - Contract Modification ..................................................................................................... 37  6.1 Contract Modification. .................................................................................................... 37  6.2 DBE Change Order Requests ....................................................................................... 38  6.3 Adjustments to Contract Price ....................................................................................... 39  6.4 Unilateral Change Order ............................................................................................... 39  6.5 Non-Compliance Deemed Waiver ................................................................................. 39  Article 7 - General Construction Provisions ................................................................................... 40  ii 7.1 Permits, Fees, Business License, and Taxes ............................................................... 40  7.2 Temporary Facilities ...................................................................................................... 40  7.3 Noninterference and Site-Management ........................................................................ 40  7.4 Signs .............................................................................................................................. 41  7.5 Project Site and Nearby Property Protections............................................................... 41  7.6 Materials and Equipment ............................................................................................... 42  7.7 Testing and Inspection .................................................................................................. 44  7.8 Project Site Conditions and Maintenance ..................................................................... 45  7.9 Instructions and Manuals .............................................................................................. 47  7.11 Existing Utilities ............................................................................................................. 47  7.12 Notice of Excavation ...................................................................................................... 48  7.13 Trenching and Excavations of Four Feet or More. ........................................................ 48  7.14 Trenching of Five Feet or More ..................................................................................... 48  7.15 New Utility Connections ................................................................................................ 49  7.16 Lines and Grades. ......................................................................................................... 49  7.17 Historic or Archeological Items ...................................................................................... 49  7.18 Recycling and Waste Disposal. ..................................................................................... 49  7.19 Storm Water Pollution Control. ...................................................................................... 50  7.20 Traffic Control and Public Safety. .................................................................................. 58  7.21 Noise Control. ................................................................................................................ 59  7.22 Fire Protection Plan. ...................................................................................................... 59  7.23 Mined Materials. ............................................................................................................ 59  Article 8 - Payment ........................................................................................................................ 59  8.1 Payment. ....................................................................................................................... 59  8.2 Schedule of Values ....................................................................................................... 59  8.3 Progress Payments ....................................................................................................... 60  8.4 Adjustment of Payment Application .............................................................................. 61  8.5 Early Occupancy. .......................................................................................................... 61  8.6 Retention ....................................................................................................................... 62  8.7 Setoff. ............................................................................................................................ 62  8.8 Payment to Subcontractors and Suppliers .................................................................... 62  8.9 Final Payment ............................................................................................................... 63  8.10 Release of Claims ......................................................................................................... 63  8.11 Warranty of Title ............................................................................................................ 63  Article 9 - Labor Provisions ............................................................................................................ 63  9.1 Discrimination Prohibited ............................................................................................... 63  9.2 Labor Code Requirements ............................................................................................ 63  9.3 Prevailing Wages .......................................................................................................... 64  9.4 Payroll Records ............................................................................................................. 64  9.5 Labor Compliance ......................................................................................................... 65  Article 10 - Safety Provisions ......................................................................................................... 65  10.1 Safety Precautions and Programs ................................................................................ 65  10.2 Hazardous Materials ..................................................................................................... 65  10.3 Material Safety .............................................................................................................. 66  10.4  Hazardous Condition ..................................................................................................... 66  Article 11 - Completion and Warranty Provisions .......................................................................... 66  11.1 Final Completion ........................................................................................................... 66  11.2 Warranty ........................................................................................................................ 67  11.3 Use Prior to Final Completion ....................................................................................... 68  11.4 Substantial Completion ................................................................................................. 68  Article 12 - Dispute Resolution ...................................................................................................... 69  12.1 Claims ............................................................................................................................ 69  12.2 Claims Submission ........................................................................................................ 69  12.3 City’s Response ............................................................................................................ 71  12.4 Meet and Confer ............................................................................................................ 71  12.5 Mediation and Government Code Claims ..................................................................... 71  iii 12.6 Tort Claims .................................................................................................................... 72  12.7 Arbitration ...................................................................................................................... 72  12.8 Burden of Proof and Limitations .................................................................................... 72  12.9 Legal Proceedings ......................................................................................................... 72  12.10 Other Disputes .............................................................................................................. 72  Article 13 - Suspension and Termination ...................................................................................... 73  13.1 Suspension for Cause ................................................................................................... 73  13.2 Suspension for Convenience ........................................................................................ 73  13.3 Termination for Default .................................................................................................. 73  13.4 Termination for Convenience ........................................................................................ 75  13.5 Actions Upon Termination for Default or Convenience. ................................................ 75  Article 14 - Miscellaneous Provisions ............................................................................................ 76  14.1 Assignment of Unfair Business Practice Claims ........................................................... 76  14.2 Provisions Deemed Inserted ......................................................................................... 76  14.3 Waiver ........................................................................................................................... 76  14.4 Titles, Headings, and Groupings ................................................................................... 76  14.5 Statutory and Regulatory References ........................................................................... 77  Special Conditions ......................................................................................................................... 78  APPENDIX A: DAVIS – BACON ACT WAGE DETERIMINATION Photovoltaic Systems Design and Installation Project DESIGN-BUILD CONTRACT Project 2025-02 Page 1 Design-Build Contract This design-build contract (“Contract”) is entered into on this 5th day of February 2025 (“Effective Date”) by and between the City of Cupertino (“City”), a municipal corporation, and Syserco Energy Solutions, Inc. (“DBE”), a California corporation, for design and construction of the Photovoltaic Systems Design and Installation project (“Project”). RECITALS A. The Project involves design and construction of photovoltaic systems and related systems at three [3] sites owned by the City of Cupertino. B. Pursuant to § 22164 of the Public Contract Code, City issued a Request for Qualifications (“RFQ”), dated October 10, 2024, to qualify and short-list potential Design-Build Entities for the Project. C. Pursuant to § 22164 of the Public Contract Code, City issued a Request for Proposals (“RFP”), dated November 14, 2024, to short-listed Design-Build Entities, requesting proposals to provide the design-build services (“Services”) for the Project. D. DBE submitted its proposal (“Proposal”) on December 27, 2024 in response to the RFP. City’s evaluation panel determined that DBE’s Proposal offered the best value to the City. E. On February 4, 2025 the City Council awarded the Contract for the Project to DBE and authorized the City to enter into this Contract with DBE. F. City has awarded the Contract for the Project to DBE in reliance on DBE’s representations and qualifications in response to the RFQ and DBE’s Proposal and based on City’s determination that DBE’s Proposal offers the best value under the criteria set forth in the RFP. TERMS AND CONDITIONS The parties agree as follows: 1. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below, all of which are incorporated herein. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract. 1.1 RFP and three addenda; 1.2 RFP Submittal Proposal and attachments; 1.3 Contract; and any duly authorized and executed amendments thereto; 1.4 Bridging Documents; 1.5 City of Cupertino Standard Details; 1.6 Payment and Performance Bonds; 1.7 List of Subcontractors 1.8 General Conditions; 1.9 Special Conditions; 1.10 City-approved Construction Documents 1.11 PG&E Interconnection Permit Applications for the three sites: Quinlan Community Center, Cupertino Sports Center, Community Hall. 1.12 Change Orders, duly authorized and executed, if any; Photovoltaic Systems Design and Installation Project DESIGN-BUILD CONTRACT Project 2025-02 Page 2 1.13 Notice of Potential Award; 1.14 Notice to Proceed with Design Services; and 1.15 Notice to Proceed with Construction Services. 2. Definitions. 2.1 Defined Terms. Capitalized terms that are used in this Contract or elsewhere in the Contract Documents that are not otherwise defined have the same meanings provided for those terms in Article 1 of the General Conditions. 2.2 For Reference Only. The following documents are provided or made available to the DBE “For Reference Only,” as specified in Section 3.5 of the Contract General Conditions: Facility Record drawings, attached to the 11/14/2024 RFP as Appendix E 3. DBE’s Responsibilities. DBE is responsible for providing the Services necessary to design and construct the Project as required by the Contract Documents. DBE must exercise reasonable skill and judgment in the performance of the Services. DBE must provide, furnish, and supply all services and things necessary and incidental for the timely design, performance and completion of the Project, including provision of all necessary labor, materials, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. DBE must use its best efforts to provide the Services in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. 4. Payment. 4.1 Contract Price. As full and complete compensation for DBE’s timely performance and completion of the Project in strict accordance with the terms and conditions of the Contract Documents, City will pay DBE a lump sum price of $3,939,881.00 (“Contract Price”), which consists of the following components: (A) Design Services. For complete and satisfactory performance of the Design Services, City will pay DBE $195,850.00. (B) Construction Services. For complete and satisfactory performance of the Construction Services, City will pay DBE $3,744,031.00. 4.2 Scope and Limitations. The Contract Price includes all applicable federal, state, and local taxes and is fully inclusive of all direct and indirect costs, overhead, and profit. The Contract Price is not subject to adjustment due to inflation or due to the increased cost of labor, material, or equipment after the Effective Date. 5. Time for Completion. DBE will achieve Final Completion of the Project prior to April 10, 2026 (“Contract Time”). By signing below, DBE expressly waives any claim for delayed early completion. 6. Liquidated Damages. If DBE fails to achieve Final Completion within the Contract Time, City will assess liquidated damages in the amount of $1500 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to DBE under this Contract. Refer to General Conditions Section 5.4 “Liquidated Damages” for additional information. 7. Labor Code Compliance. 7.1 General. The Construction Services, as defined in Article 1 of the General Conditions, are subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working Photovoltaic Systems Design and Installation Project DESIGN-BUILD CONTRACT Project 2025-02 Page 3 hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions. 7.2 Prevailing Wages. The Construction Services are subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are on file with the City and available online at http://www.dir.ca.gov/DLSR. 7.3 DIR Registration. DBE, members of its Design-Build Team providing Construction Services, and its Subcontractors, and any other business entity or individual providing Construction Services for the Project, must be registered with the California Department of Industrial Relations (“DIR”) to perform public work pursuant to Labor Code § 1725.5. The Construction Services under this Contract are subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code § 1771.4. 7.4 Skilled and Trained Workforce. By executing this Contract, DBE is providing an enforceable commitment pursuant to Public Contract Code § 2602 and § 22614(c), that a “skilled and trained workforce,” as that term is defined in Public Contract Code § 2601, will be used to complete all Services on the Project that fall within an apprenticeable occupation in the building and construction trades, in accordance with Public Contract Code § 2600 et seq. DBE, members of the Design-Build Team providing Construction Services, and Subcontractors of every tier will comply with these requirements. DBE will provide City with a monthly report while the Project is being constructed evidencing that the DBE, its Design-Build Team (as applicable), and Subcontractors are complying with this requirement. 8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, DBE certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ 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 Services on this Contract.” 9. Conflicts of Interest. DBE, members of the Design-Build Team, Subcontractors, and their respective employees and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement or in violation of any California law, including Government Code section 1090 et seq., or the Political Reform Act, as set forth in Government Code section 81000 et seq. and its accompanying regulations. No officer, official, employee, consultant, or other agent of the City (“City Representative”) may have, maintain, or acquire a “financial interest” in the Contract, as that term is defined under the Political Reform Act (Government Code section 81000, et seq., and regulations promulgated thereunder); or under Government Code section 1090, et seq.; or in violation of any City ordinance or requirement while serving as a City Representative or for one year thereafter. Any violation of this Section constitutes a material breach of the Contract. 10. Independent Contractor. DBE is an independent contractor under this Contract and will have control of the Services and the manner in which they are performed. DBE, members of the Design-Build Team, and its Subconsultants and Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City. Photovoltaic Systems Design and Installation Project DESIGN-BUILD CONTRACT Project 2025-02 Page 4 11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows: City: Name: City of Cupertino, Department of Public Works Address: 10300 Torre Avenue City/State/Zip: Cupertino, CA 95014 Phone: (408) 777-3354 Attn: Susan Michael, CIP Manager Email: SusanM@Cupertino.gov Copy to: PWInvoices@cupertino.gov DBE: Name: Syserco Energy Solutions, Inc. Address: 215 Fourier Avenue Suite 140 City/State/Zip: Fremont, CA 94539 Phone: 510.498.1410 Attn: Gabe Johnson Email: g.johnson@syserco-es.com Copy to: Scott Meinzen, s.meinzen@syserco-es.com 12. General Provisions. 12.1 Assignment and Successors. DBE may not assign its rights or obligations under this Contract, in part or in whole, without City’s prior written consent. This Contract is binding on DBE’s lawful heirs, successors and permitted assigns. 12.2 Third Party Beneficiaries. There are no intended third-party beneficiaries to this Contract. 12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Santa Clara County Superior Court, and no other place. DBE waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside Santa Clara County, California. 12.4 Amendment. With the exception of unilateral Change Orders issued by City pursuant to Section 6.4 of the General Conditions, no amendment or modification of this Contract will be binding unless it is in a Change Order duly authorized and signed by the parties to this Contract. 12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and DBE. 12.6 Severability. If any provision of the Contract Documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract Documents will remain in full force and effect. 12.7 Iran Contracting Act. DBE certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. Photovoltaic Systems Design and Installation Project DESIGN-BUILD CONTRACT Project 2025-02 Page 5 (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act. 12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If DBE is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313. [Signatures are on the following page.] Photovoltaic Systems Design and Installation Project DESIGN-BUILD CONTRACT Project 2025-02 Page 6 The parties agree to this Contract as witnessed by the signatures below: CITY: Approved as to form: s/_______________________________ s/__________________________________ ________________________________ ___________________________________ Name, Title Name, Title Date: ___________________________ Date: ______________________________ Attest: s/_______________________________ _________________________________ Name, Title Date: ___________________________ DESIGN-BUILD ENTITY: ___________________________________________________ Business Name s/_______________________________ Seal: _________________________________ Name, Title Date: ____________________________ Second Signature (See Section 12.8): s/_______________________________ _________________________________ Name, Title Date: ____________________________ ___________________________________________________ Contractor’s California License Number(s) and Expiration Date(s) END OF CONTRACT Derek Eggers, President / Treasurer 03/10/2025 Syserco Energy Solutions, Inc President / Secretary 03/10/2025 991301 City Attorney 03/10/2025 City Manager 03/10/2025 City Clerk 03/10/2025 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 3/3/2025 License # 0G66614 (925) 226-7350 (925) 226-7380 25682 Syserco Energy Solutions, Inc. 215 Fourier Avenue, Suite 140 Fremont, CA 94539 25674 20044 30481 20443 A 1,000,000 X X CO-4W765201 3/1/2025 3/1/2026 300,000 15,000 1,000,000 2,000,000 2,000,000 1,000,000A X X BA-4W762364 3/1/2025 3/1/2026 10,000,000B X X CUP-4W765409 3/1/2025 3/1/2026 10,000,000 10,000 C X SYWC666498 3/1/2025 3/1/2026 1,000,000 1,000,000 1,000,000 D Professional Liabili X X ZCD-51N91430 3/1/2025 Each Claim $3M/Agg 3,000,000 E Installation / Build 8018543304 2/11/2025 5/11/2026 Per Job Site 4,000,000 The City of Cupertino,its City Council, officers officials, agents, servants and volunteers (collectively and/or individually). are additional insureds to the extent provided in the attached form. Primary wording to the extent provided in the attached form. Waiver of Subrogation applies to General Liability, Auto Liability, Umbrella, Workers' Compensation and Pollution Liability policies to the extent provided in the attached form. NOC (notice of cancellation) endorsements for all policies have been ordered. Attached are the NOC endorsements for the GL and Auto policies. Others to follow upon receipt from carrier. Regarding deductibles: SEE ATTACHED ACORD 101 City of Cupertino Public Works Dept 10300 Torre Avenue Cupertino, CA 95014 SYSEENE-01 EFIGUEROA One Risk Group, LLC DBA: One Risk Management & Insurance Services 2000 Crow Canyon Pl, Suite 160 San Ramon, CA 94583 Certificates@oneriskgroup.com Travelers Indemnity Co of CT Travelers Property Casualty Company of America Berkshire Hathaway Homestate Ins Co St. Paul Surplus Lines Insurance Company Continental Casualty Company 3/1/2026 X X X X X X X FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. One Risk Group, LLC DBA: One Risk Management & Insurance Services SYSEENE-01 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance License # 0G66614 1 SEE P 1 Syserco Energy Solutions, Inc. 215 Fourier Avenue, Suite 140 Fremont, CA 94539 SEE PAGE 1 EFIGUEROA 1 Description of Operations/Locations/Vehicles: GL Policy $5,000 per occurrence Auto Policy $0 liability deductible Umbrella Policy $0 deductible for Coverage A – excess follow form liability Work Comp Policy $0 deductible Prof/Pollution $25,000 each E&O Act or Pollution Condition Installation Floater $5,000 per occurrence (except $250K for EQ and $100K for Flood) COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (Includes Products-Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS (1)Any "bodily injury", "property damage" or "personal injury" arising out of the providing,The following is added to SECTION II – WHO IS AN or failure to provide, any professionalINSURED: architectural, engineering or surveyingAny person or organization that you agree in a services, including:written contract or agreement to include as an additional insured on this Coverage Part is an (a)The preparing, approving, or failing to insured, but only:prepare or approve, maps, shop drawings, opinions, reports, surveys,a.With respect to liability for "bodily injury" or field orders or change orders, or the"property damage" that occurs, or for "personal preparing, approving, or failing toinjury" caused by an offense that is committed, prepare or approve, drawings andsubsequent to the signing of that contract or agreement and while that part of the contract or specifications; and agreement is in effect; and (b)Supervisory, inspection, architectural or b.If, and only to the extent that, such injury or engineering activities.damage is caused by acts or omissions of you or (2)Any "bodily injury" or "property damage"your subcontractor in the performance of "your caused by "your work" and included in thework" to which the written contract or agreement "products-completed operations hazard"applies. Such person or organization does not unless the written contract or agreementqualify as an additional insured with respect to the independent acts or omissions of such specifically requires you to provide such person or organization.coverage for that additional insured during the policy period.The insurance provided to such additional insured is subject to the following provisions:c.The additional insured must comply with the a.If the Limits of Insurance of this Coverage Part following duties: shown in the Declarations exceed the minimum (1)Give us written notice as soon as practicablelimits required by the written contract or of an "occurrence" or an offense which mayagreement, the insurance provided to the result in a claim. To the extent possible, suchadditional insured will be limited to such notice should include:minimum required limits. For the purposes of determining whether this limitation applies, the (a)How, when and where the "occurrence"minimum limits required by the written contract or or offense took place;agreement will be considered to include the (b)The names and addresses of any injuredminimum limits of any Umbrella or Excess persons and witnesses; andliability coverage required for the additional insured by that written contract or agreement.(c)The nature and location of any injury orThis provision will not increase the limits of damage arising out of the "occurrence"insurance described in Section III – Limits Of or offense.Insurance. (2)If a claim is made or "suit" is brought againstb.The insurance provided to such additional the additional insured:insured does not apply to: CG D2 46 04 19 ú 2018 The Travelers Indemnity Company. All rights reserved.Page 1 of 2 COMMERCIAL GENERAL LIABILITY (a)Immediately record the specifics of the (4)Tender the defense and indemnity of any claim or "suit" and the date received; and claim or "suit" to any provider of other insurance which would cover such additional(b)Notify us as soon as practicable and see insured for a loss we cover. However, thisto it that we receive written notice of the condition does not affect whether theclaim or "suit" as soon as practicable.insurance provided to such additional (3)Immediately send us copies of all legal insured is primary to other insurancepapers received in connection with the claim available to such additional insured whichor "suit", cooperate with us in the covers that person or organization as ainvestigation or settlement of the claim or named insured as described in Paragraph 4.,defense against the "suit", and otherwise Other Insurance, of Section IV – Commercialcomply with all policy conditions.General Liability Conditions. Page 2 of 2 ú 2018 The Travelers Indemnity Company. All rights reserved.CG D2 46 04 19 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing a.The statements in the Declarations are accurate and complete;If all of the other insurance permits contribution by equal shares, we will follow this method also.b.Those statements are based upon Under this approach each insurer contributes representations you made to us; and equal amounts until it has paid its applicable c.We have issued this policy in reliance uponlimit of insurance or none of the loss remains,your representations.whichever comes first.The unintentional omission of, or unintentional errorIf any of the other insurance does not permit in, any information provided by you which we reliedcontribution by equal shares, we will contribute upon in issuing this policy will not prejudice yourby limits. Under this method, each insurer's rights under this insurance. However, this provisionshare is based on the ratio of its applicable limit does not affect our right to collect additionalof insurance to the total applicable limits of premium or to exercise our rights of cancellation orinsurance of all insurers.nonrenewalin accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or regulations. Required By Written Contract 7. Separation Of Insureds If you specifically agree in a written contract or Except with respect to the Limits of Insurance, andagreement that the insurance afforded to an any rights or duties specifically assigned in thisinsured under this Coverage Part must apply on Coverage Part to the first Named Insured, thisa primary basis, or a primary and non-insurance applies:contributory basis, this insurance is primary to a.As if each Named Insured were the onlyother insurance that is available to such insured Named Insured; andwhich covers such insured as a named insured, b.Separately to each insured against whom claimand we will not share with that other insurance, is made or "suit" is brought.provided that: 8. Transfer Of Rights Of Recovery Against Others(1)The "bodily injury" or "property damage" for To Uswhich coverage is sought occurs; and If the insured has rights to recover all or part of any(2)The "personal and advertising injury" for payment we have made under this Coverage Part,which coverage is sought is caused by an those rights are transferred to us. The insured mustoffense that is committed;do nothing after loss to impair them. At our request,subsequent to the signing of that contract or the insured will bring "suit" or transfer those rightsagreement by you.to us and help us enforce them. 5. Premium Audit 9. When We Do Not Renew a.We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we willPart in accordance with our rules and rates.mail or deliver to the first Named Insured shown in b.Premium shown in this Coverage Part as the Declarations written notice of the nonrenewaladvance premium is a deposit premium only. At not less than 30 days before the expiration date.the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficientthe earned premium for that period and send proof of notice.notice to the first Named Insured. The due date SECTION V – DEFINITIONSfor audit and retrospective premiums is the date shown as the due date on the bill. If the sum of 1."Advertisement" means a notice that is broadcast or the advance and audit premiums paid for the published to the general public or specific market policy period is greater than the earned segments about your goods, products or services premium, we will return the excess to the first for the purpose of attracting customers or Named Insured.supporters. For the purposes of this definition: c.The first Named Insured must keep records of a.Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request.b.Regarding websites, only that part of a website 6. Representations that is about your goods, products or services for the purposes of attracting customers orBy accepting this policy, you agree: supporters is considered an advertisement. Page16 of 21 ú 2017 The Travelers Indemnity Company. All rights reserved.CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER:ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED PERSON OR ORGANIZATION – NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY CANCELLATION: SCHEDULE Number of Days Notice: PERSON OR ORGANIZATION: ADDRESS: PROVISIONS IL T4 05 05 19 © 2019 The Travelers Indemnity Company. All rights reserved.Page 1 of 1 ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. THE ADDRESS FOR THAT PERSON OR ORGANIZ- ATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. If we cancel this policy for any legally permitted reason other than nonpayment of premium, and a number of days is shown for Cancellation in the Schedule above, we will mail notice of cancellation to the person or organization shown in such Schedule. We will mail such notice to the address shown in the Schedule above at least the number of days shown for Cancellation in such Schedule before the effective date of cancellation. 30 CO-4W765201 03-01-2025 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE –This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A.Who Is An Insured – Unnamed Subsidiaries C.Incidental Medical Malpractice B.Blanket Additional Insured – Governmental D.Blanket Waiver Of Subrogation Entities – Permits Or Authorizations Relating To E.Contractual Liability – RailroadsOperationsF.Damage To Premises Rented To You PROVISIONS a.An organization other than a partnership, joint venture or limited liability company; orA. WHO IS AN INSURED – UNNAMED b.A trust;SUBSIDIARIES The following is added to SECTION II – WHO IS as indicated in its name or the documents that AN INSURED:govern its structure. Any of your subsidiaries, other than a partnership,B. BLANKET ADDITIONAL INSURED –joint venture or limited liability company, that is GOVERNMENTAL ENTITIES – PERMITS ORnot shown as a Named Insured in the AUTHORIZATIONS RELATING TO OPERATIONSDeclarations is a Named Insured if: The following is added to SECTION II – WHO ISa.You are the sole owner of, or maintain an AN INSURED:ownership interest of more than 50% in, such Any governmental entity that has issued a permitsubsidiary on the first day of the policy period; or authorization with respect to operationsand performed by you or on your behalf and that youb.Such subsidiary is not an insured under are required by any ordinance, law, building codesimilar other insurance.or written contract or agreement to include as an No such subsidiary is an insured for "bodily injury"additional insured on this Coverage Part is an or "property damage" that occurred, or "personal insured, but only with respect to liability for "bodily injury", "property damage" or "personal andand advertising injury" caused by an offense advertising injury" arising out of such operations.committed: The insurance provided to such governmentala.Before you maintained an ownership interest entity does not apply to:of more than 50% in such subsidiary; or a.Any "bodily injury", "property damage" orb.After the date, if any, during the policy period "personal and advertising injury" arising out ofthat you no longer maintain an ownership operations performed for the governmentalinterest of more than 50% in such subsidiary.entity; orFor purposes of Paragraph 1.of Section II – Who b.Any "bodily injury" or "property damage"Is An Insured, each such subsidiary will be included in the "products-completeddeemed to be designated in the Declarations as:operations hazard". CG D3 16 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY C. INCIDENTAL MEDICAL MALPRACTICE pharmaceuticals committed by, or with the knowledge or consent of, the insured.1.The following replaces Paragraph b.of the definition of "occurrence" in the 5.The following is added to the DEFINITIONS DEFINITIONS Section:Section: b.An act or omission committed in providing "Incidental medical services" means:or failing to provide "incidental medical a.Medical, surgical, dental, laboratory, x-rayservices", first aid or "Good Samaritan or nursing service or treatment, advice orservices" to a person, unless you are in instruction, or the related furnishing ofthe business or occupation of providing food or beverages; orprofessional health care services. b.The furnishing or dispensing of drugs or2.The following replaces the last paragraph of medical, dental, or surgical supplies orParagraph2.a.(1)of SECTION II – WHO IS appliances.AN INSURED: 6.The following is added to Paragraph 4.b.,Unless you are in the business or occupation Excess Insurance, of SECTION IV –of providing professional health care services, Paragraphs (1)(a),(b),(c)and (d)above do COMMERCIAL GENERAL LIABILITY not apply to "bodily injury" arising out of CONDITIONS: providing or failing to provide:This insurance is excess over any valid and (a)"Incidental medical services" by any of collectible other insurance, whether primary, your "employees" who is a nurse, nurse excess, contingent or on any other basis, that assistant, emergency medical technician is available to any of your "employees" for or paramedic; or "bodily injury" that arises out of providing or failing to provide "incidental medical services"(b)First aid or "Good Samaritan services" by to any person to the extent not subject toany of your "employees" or "volunteer workers", other than an employed or Paragraph 2.a.(1)of Section II – Who Is An volunteer doctor. Any such "employees"Insured. or "volunteer workers" providing or failing D. BLANKET WAIVER OF SUBROGATIONto provide first aid or "Good Samaritan The following is added to Paragraph 8.,Transferservices" during their work hours for you Of Rights Of Recovery Against Others To Us,will be deemed to be acting within the of SECTION IV – COMMERCIAL GENERALscope of their employment by you or performing duties related to the conduct LIABILITY CONDITIONS: of your business.If the insured has agreed in a contract or 3.The following replaces the last sentence of agreement to waive that insured's right of Paragraph 5.of SECTION III – LIMITS OF recovery against any person or organization, we INSURANCE:waive our right of recovery against such person or organization, but only for payments we makeFor the purposes of determining the because of:applicable Each Occurrence Limit, all related acts or omissions committed in providing or a."Bodily injury" or "property damage" thatfailing to provide "incidental medical occurs; orservices", first aid or "Good Samaritan b."Personal and advertising injury" caused byservices" to any one person will be deemed to an offense that is committed;be one "occurrence". 4.The following exclusion is added to subsequent to the execution of the contract or Paragraph 2.,Exclusions, of SECTION I –agreement. COVERAGES – COVERAGE A – BODILY E. CONTRACTUAL LIABILITY – RAILROADSINJURY AND PROPERTY DAMAGE LIABILITY:1.The following replaces Paragraph c.of the definition of "insured contract" in theSale Of Pharmaceuticals DEFINITIONS Section:"Bodily injury" or "property damage" arising out of the violation of a penal statute or c.Any easement or license agreement; ordinance relating to the sale of Page 2 of 3 ú 2017 The Travelers Indemnity Company. All rights reserved.CG D3 16 02 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER:ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED PERSON OR ORGANIZATION – NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY CANCELLATION: SCHEDULE Number of Days Notice: PERSON OR ORGANIZATION: ADDRESS: PROVISIONS IL T4 05 05 19 © 2019 The Travelers Indemnity Company. All rights reserved.Page 1 of 1 ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. THE ADDRESS FOR THAT PERSON OR ORGANIZ- ATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. If we cancel this policy for any legally permitted reason other than nonpayment of premium, and a number of days is shown for Cancellation in the Schedule above, we will mail notice of cancellation to the person or organization shown in such Schedule. We will mail such notice to the address shown in the Schedule above at least the number of days shown for Cancellation in such Schedule before the effective date of cancellation. 30 BA-4W762364 03-01-2025 © 2016 The Travelers Indemnity Company. All rights reserved.Page 4 of 22 EU 00 01 07 16 UMBRELLA 2.We have no duty to defend any insured against any "suit": a.Seeking damages to which this insurance does not apply; or b.If any other insurer has a duty to defend. 3.When we have the duty to defend, we may, at our discretion, investigate and settle any claim or "suit". In all other cases, we may, at our discretion, participate in the investigation, defense and settlement of any claim or "suit" for damages to which this insurance may apply. If we exercise such right to participate, all expenses we incur in doing so will not reduce the applicable limits of insurance. 4.Our duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements, or defense expenses if such expenses are within the limits of insurance of this policy. 5.We will pay, with respect to a claim we investigate or settle, or "suit" against an insured we defend: a.All expenses we incur. b.The cost of: (1)Bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which this insurance applies; or (2)Appeal bonds and bonds to release attachments; but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. c.All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of such claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work. d.All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. e.Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. f.All interest that accrues on the full amount of any judgment after entry of the judgment and before we have paid, offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. If we do not pay part of the judgment for any reason other than it is more than the applicable limit of insurance, we will not pay any interest that accrues on that portion of the judgment. With respect to a claim we investigate or settle, or "suit" against an insured we defend under COVERAGE A – EXCESS FOLLOW- FORM LIABILITY, these payments will not reduce the applicable limits of insurance, but only if the applicable "underlying insurance" provides for such payments in addition to its limits of insurance. With respect to a claim we investigate or settle, or "suit" against an insured we defend under COVERAGE B – UMBRELLA LIABILITY, these payments will not reduce the applicable limits of insurance. SECTION II – WHO IS AN INSURED A.COVERAGE A – EXCESS FOLLOW-FORM LIABILITY With respect to Coverage A, the following persons and organizations qualify as insureds: 1.The Named Insured shown in the Declarations; and 2.Any other person or organization qualifying as an insured in the "underlying insurance". If you have agreed to provide insurance for that person or organization in a written contract or agreement: a.The limits of insurance afforded to such person or organization will be: (1)The amount by which the minimum limits of insurance you agreed to provide such person or organization in that written contract or agreement exceed the total limits of insurance of all applicable "underlying insurance"; or (2)The limits of insurance of this policy; whichever is less; and b.Coverage under this policy does not apply to such person or organization if the minimum limits of insurance you agreed to provide such person or organization in that written contract or agreement are wholly within the total limits of insurance of all available applicable "underlying insurance". B.COVERAGE B – UMBRELLA LIABILITY With respect to Coverage B: 1.The Named Insured shown in the Declarations is an insured. 2.If you are: © 2016 The Travelers Indemnity Company. All rights reserved.Page 14 of 22 EU 00 01 07 16 UMBRELLA b.You have paid all premiums due for this policy at the time you make such request; c.You promptly pay the additional premium we charge for the Extended Reporting Period endorsement for this insurance when due. We will determine that additional premium after we have received your request for the Extended Reporting Period endorsement for this insurance. That additional premium is not subject to any limitation stated in the "underlying insurance" on the amount or percentage of additional premium that may be charged for the "extended reporting period" in such "underlying insurance"; and d.That Extended Reporting Period endorsement is issued by us and made a part of this policy. 3.Any Extended Reporting Period endorsement for this insurance will not reinstate or increase the Limits of Insurance or extend the policy period. 4.Except with respect to any provisions to the contrary contained in Paragraphs 1., 2. or 3. above, all provisions of any option to purchase an "extended reporting period" granted to you in the "underlying insurance" apply to this insurance. J.INSPECTIONS AND SURVEYS 1.We have the right but are not obligated to: a.Make inspections and surveys at any time; b.Give you reports on the conditions we find; and c.Recommend changes. 2.Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that conditions: a.Are safe or healthful; or b.Comply with laws, regulations, codes or standards. K.LEGAL ACTION AGAINST US 1.No person or organization has a right under this insurance: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b.To sue us on this insurance unless all of its terms have been fully complied with. 2.A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured. We will not be liable for damages that: a.Are not payable under the terms of this insurance; or b.Are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. L.MAINTENANCE OF UNDERLYING INSURANCE 1.The insurance afforded by each policy of "underlying insurance" will be maintained for the full policy period of this Excess Follow- Form And Umbrella Liability Insurance. This provision does not apply to the reduction or exhaustion of the aggregate limit or limits of such "underlying insurance" solely by payments as permitted in Paragraphs 4.a.(1), (2) and (3) of COVERAGE A – EXCESS FOLLOW-FORM LIABILITY of SECTION I – COVERAGES. As such policies expire, you will renew them at limits and with coverage at least equal to the expiring limits of insurance. If you fail to comply with the above requirements, Coverage A is not invalidated. However, in the event of a loss, we will pay only to the extent that we would have paid had you complied with the above requirements. 2.The first Named Insured shown in the Declarations must give us written notice of any change in the "underlying insurance" as respects: a.Coverage; b.Limits of insurance; c.Termination of any coverage; or d.Exhaustion of aggregate limits. 3.If you are unable to recover from any "underlying insurer" because you fail to comply with any term or condition of the "underlying insurance", Coverage A is not invalidated. However, we will pay for any loss only to the extent that we would have paid had you complied with that term or condition in that "underlying insurance". M.OTHER INSURANCE This insurance is excess over any valid and collectible "other insurance" whether such "other insurance" is stated to be primary, contributing, UMBRELLA © 2016 The Travelers Indemnity Company. All rights reserved.EU 00 01 07 16 Page 15 of 22 UMBRELLA excess, contingent or otherwise. This provision does not apply to a policy bought specifically to apply as excess of this insurance. However, if you specifically agree in a written contract or agreement that the insurance provided to any person or organization that qualifies as an insured under this insurance must apply on a primary basis, or a primary and non-contributory basis, then insurance provided under Coverage A is subject to the following provisions: 1.This insurance will apply before any "other insurance" that is available to such additional insured which covers that person or organization as a named insured, and we will not share with that "other insurance", provided that the injury or damage for which coverage is sought is caused by an "event" that takes place or is committed subsequent to the signing of that contract or agreement by you. 2.This insurance is still excess over any valid and collectible "other insurance", whether primary, excess, contingent or otherwise, which covers that person or organization as an additional insured or as any other insured that does not qualify as a named insured. N.PREMIUM 1.The first Named Insured shown in the Declarations is responsible for the payment of all premiums and will be the payee for any return premiums. 2.If the premium is a flat charge, it is not subject to adjustment except as provided in Paragraph 4. below. 3.If the premium is other than a flat charge, it is an advance premium only. The earned premium will be computed at the end of the policy period, or at the end of each year of the policy period if the policy period is two years or longer, at the rate shown in the Declarations, subject to the Minimum Premium. 4.Additional premium may become payable when coverage is provided for additional insureds under the provisions of SECTION II – WHO IS AN INSURED. O.PREMIUM AUDIT The premium for this policy is the amount stated in Item 5. of the Declarations. The premium is a flat charge unless it is specified in the Declarations as adjustable. P.PROHIBITED COVERAGE – UNLICENSED INSURANCE 1.With respect to loss sustained by any insured in a country or jurisdiction in which we are not licensed to provide this insurance, this insurance does not apply to the extent that insuring such loss would violate the laws or regulations of such country or jurisdiction. 2.We do not assume responsibility for: a.The payment of any fine, fee, penalty or other charge that may be imposed on any person or organization in any country or jurisdiction because we are not licensed to provide insurance in such country or jurisdiction; or b.The furnishing of certificates or other evidence of insurance in any country or jurisdiction in which we are not licensed to provide insurance. Q.PROHIBITED COVERAGE – TRADE OR ECONOMIC SANCTIONS We will provide coverage for any loss, or otherwise will provide any benefit, only to the extent that providing such coverage or benefit does not expose us or any of our affiliated or parent companies to: 1.Any trade or economic sanction under any law or regulation of the United States of America; or 2.Any other applicable trade or economic sanction, prohibition or restriction. R.REPRESENTATIONS By accepting this insurance, you agree: 1.The statements in the Declarations and any subsequent notice relating to "underlying insurance" are accurate and complete; 2.Those statements are based upon representations you made to us; and 3.We have issued this insurance in reliance upon your representations. S.SEPARATION OF INSUREDS Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured shown in the Declarations, this insurance applies: 1.As if each Named Insured were the only Named Insured; and 2.Separately to each insured against whom claim is made or "suit" is brought. © 2016 The Travelers Indemnity Company. All rights reserved.Page 16 of 22 EU 00 01 07 16 UMBRELLA T.WAIVER OR TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 1.If the insured has rights to recover all or part of any payment we have made under this insurance, those rights are transferred to us and the insured must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us, and with respect to Coverage A, the "underlying insurer", enforce them. If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against that person or organization, but only for payments we make because of an "event" that takes place or is committed subsequent to the execution of that contract or agreement by such insured. 2.Reimbursement of any amount recovered will be made in the following order: a.First, to any person or organization (including us or the insured) who has paid any amount in excess of the applicable limit of insurance; b.Next, to us; and c.Then, to any person or organization (including the insured and with respect to Coverage A, the "underlying insurer") that is entitled to claim the remainder, if any. 3.Expenses incurred in the process of recovery will be divided among all persons or organizations receiving amounts recovered according to the ratio of their respective recoveries. U.TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS INSURANCE 1.Your rights and duties under this insurance may not be transferred without our written consent except in the case of death of an individual Named Insured. 2.If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. V.UNINTENTIONAL OMISSION OR ERROR The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. W.WHEN LOSS IS PAYABLE If we are liable under this insurance, we will pay for injury, damage or loss after: 1.The insured's liability is established by: a.A court decision; or b.A written agreement between the claimant, the insured, any "underlying insurer" and us; and 2.The amount of the "applicable underlying limit" or "self-insured retention" is paid by or on behalf of the insured. SECTION VI – DEFINITIONS A.With respect to all coverages of this insurance: 1."Applicable underlying limit" means the sum of: a.The applicable limit of insurance stated for the policies of "underlying insurance" in the Schedule Of Underlying Insurance subject to the provisions in Paragraphs 4.a.(1), (2) and (3) of COVERAGE A – EXCESS FOLLOW-FORM LIABILITY of SECTION I – COVERAGES; and b.The applicable limit of insurance of any "other insurance" that applies. The limits of insurance in any policy of "underlying insurance" will apply even if: a.The "underlying insurer" claims the insured failed to comply with any term or condition of the policy; or b.The "underlying insurer" becomes bankrupt or insolvent. 2."Auto hazard" means all "bodily injury" and "property damage" to which liability insurance afforded under an auto policy of "underlying insurance" would apply but for the exhaustion of its applicable limits of insurance. 3."Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 4."Event" means an "occurrence", offense, accident, act, error, omission, wrongful act or loss. POLLUTION LIABILITY Page 8 of 10 ª 2021 The Travelers Indemnity Company. All rights reserved. RP 10 02 10 21 3. Other Insurance a. As used anywhere in this policy, other insurance means insurance, or the funding of losses, that is provided by, through or on behalf of: (1) Another insurance company; (2) Us or any of our affiliated insurance companies; (3) Any risk retention group; or (4) Any self-insurance method or program, in which case the "insured" will be deemed to be the provider of other insurance. Other insurance does not include umbrella insurance, or excess insurance, that was bought specifically to apply in excess of the Limits of Insurance shown for this insurance in the Travelers ECP Custom Declarations. b. If valid and collectible other insurance is available to the "insured" for a loss covered under this insurance, our obligations are limited as follows: (1) This insurance is primary except when Paragraph (2) below applies. When this insurance is primary: (a) If any other insurance is issued to any "named insured" by us, or any of our affiliated insurance companies, this insurance is primary to that other insurance, and we will not share with that other insurance; and (b) If any other insurance not described in Paragraph (a) above is also primary, we will share with all that other insurance as follows: (i) If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each provider of insurance contributes equal amounts until it has paid its applicable limit of insurance or none of the "loss" remains, whichever comes first. (ii) If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, the share of each provider of insurance is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all providers of insurance. (2) This insurance is excess over any valid and collectible other insurance, whether such other insurance is primary, excess, contingent or on any other basis: (a) If the "pollution conditions" that caused the "loss" are "auto transportation pollution conditions"; (b) That only covers one or more projects specifically described in it. This paragraph does not apply to any other insurance that is available to any person or organization that: (i) Is an "insured" under Paragraph e. of the definition of "insured"; or (ii) Is an "insured" under any additional insured endorsement issued by us as part of this policy; (c) That is available to the "insured" when the "insured" is an additional insured, or is any other insured that does not qualify as a named insured, under such other insurance; or (d) That is available to any person or organization that: (i) Is an "insured" under Paragraph e. of the definition of "insured"; or (ii) Is an "insured" under any additional insured endorsement issued by us as part of this policy. However, if the "named insured" specifically agrees in a written contract or agreement that the insurance provided to such person or organization must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such person or organization which covers that person or organization as a named insured, and we will not share with that other insurance, provided that the "bodily injury", "property damage" or "pollution clean-up costs" for POLLUTION LIABILITY RP 10 02 10 21 ª 2021 The Travelers Indemnity Company. All rights reserved. Page 9 of 10 which coverage is sought result from "pollution conditions" that commence after the written contract or agreement was signed by the "named insured". (3) When this insurance is excess, we will have no duty to defend the "insured" against any "claim" if any provider of other insurance has a duty to defend the "insured" against that "claim". But we will have the right to associate in the defense and control of any "claim" that we reasonably believe is likely to involve this insurance. If no provider of other insurance defends any "claim" for "loss" to which this insurance applies, we will undertake to do so, but we will be entitled to the "insured's" rights against all those providers of other insurance. (4) When this insurance is excess, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all such other insurance. SECTION IV - DEFINITIONS 1. "Applicable Retroactive Date For Contractors Pollution Liability Coverage" means: a. The Retroactive Date For Contractors Pollution Liability Coverage stated in the Travelers ECP Custom Declarations, except when Paragraph b., c., d., e. or f. below applies. Paragraph b., c., d., e. or f. below applies only if coverage for the "loss" described in that paragraph is included in this form and the retroactive date described in that paragraph is stated in the Travelers ECP Custom Declarations. If no Retroactive Date For Contractors Pollution Liability Coverage is stated in the Travelers ECP Custom Declarations, that retroactive date will be deemed to be the first day of the "policy period". b. Any Auto Transportation Pollution Conditions Contractors Pollution Liability Retroactive Date stated in the Travelers ECP Custom Declarations if the "pollution conditions" that caused the "loss" are "auto transportation pollution conditions". c. Any Fungi Or Bacteria Conditions Retroactive Date stated in the Travelers ECP Custom Declarations if the "pollution conditions" that caused the "loss" are "fungi or bacteria conditions". d. Any Lead Pollution Conditions Retroactive Date stated in the Travelers ECP Custom Declarations if the "pollution conditions" that caused the "loss" are "lead pollution conditions". e. Any Low-Level Radioactivity Pollution Conditions Retroactive Date stated in the Travelers ECP Custom Declarations if the "pollution conditions" that caused the "loss" are "low-level radioactivity pollution conditions". f. Any Silica Pollution Conditions Retroactive Date stated in the Travelers ECP Custom Declarations if the "pollution conditions" that caused the "loss" are "silica pollution conditions". If more than one retroactive date in Paragraph b., c., d., e. or f. above applies, "applicable Retroactive Date For Contractors Pollution Liability Coverage" means the latest of such retroactive dates. 2. "Contractors Pollution Liability Coverage": a. Means Contractors Pollution Liability Coverage. b. Includes Contractors Pollution Liability coverage that is part of any policy that provides Contractors Pollution Liability coverage and any other coverage. 3. "Coverage territory" means anywhere in the world. 4. "Financial interest" means the insurable interest in a "foreign insured organization" because of: a. Sole ownership of, or majority ownership interest in, such "foreign insured organization", either directly or through one or more intervening subsidiaries; b. Indemnification of, or an obligation to indemnify: (1) Such "foreign insured organization" for a "foreign pollution legal liability loss" or "foreign emergency response costs loss"; or POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY RP 10 00 11 21 ª 2021 The Travelers Indemnity Company. All rights reserved. Page 21 of 37 Professional's Liability Coverage and any Contractors Indemnity For Subcontractor's Pollution Liability Coverage, no "named insured" can agree in a contract or agreement to: a. Waive any "named insured's" right of recovery against any "design professional" or "specified sub- contractor"; or b. Limit the liability of the "design professional" or "specified sub- contractor" to a maximum amount unless such limitation is an "authorized agreed limitation of liability". At our request, the "insured" will bring suit or initiate an alternative dispute resolution proceeding to enforce those rights or will help us enforce them. We will apply any amounts recovered in enforcing those rights of recovery in the following order until the total amount recovered is used up: a. We will reimburse any person or organization, including us or the "insured", any amount that person or organization has paid in excess of the limits of insurance. b. We will retain an amount equal to the amount we have paid under this policy. c. We will pay to the "insured" any remaining portion, including any amounts within any applicable deductible or self-insured retention. If any amounts are recovered in enforcing those rights of recovery, reasonable expenses incurred in enforcing such rights will be shared among all persons or organizations receiving amounts recovered. Each such person's or organization's share of those expenses is based on the ratio of its amount recovered to the total amounts recovered by all such persons or organizations in enforcing such rights. If the "insured" has agreed in a contract or agreement to waive that "insured's" right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make for: a. "Loss" to which any of the following applies caused by an act, error or omission committed subsequent to the execution of the contract or agreement: (1) Any Contractors Professional Liability Coverage; or (2) Any Contractors Professional Liability Loss Mitigation Expenses Coverage; b. "Loss" to which any "Pollution Liability Coverage" applies resulting from "pollution conditions" that commence subsequent to the execution of the contract or agreement; or c. "Loss" to which any Contractors Pollution Loss Mitigation Expenses Coverage applies resulting from "faulty work incidents" that are not first discovered by any "insured" until subsequent to the execution of the contract or agreement. SECTION IX - DEFINITIONS 1. "Agreed mediation": a. Means a voluntary and non-binding process that: (1) Is agreed to by us; and (2) Involves a qualified professional mediator facilitating an attempted settlement of the "claim" between the "insured" and the person or organization making the "claim". b. Does not include any mediation or alternative dispute resolution that is: (1) Ordered or imposed by a court; or (2) Otherwise legally required. 2. "Asbestos pollution conditions": a. Means any "pollution conditions" that are: (1) The disturbance of asbestos or asbestos fibers if the "pollution conditions" result from any activity that is performed on behalf of any "named insured" by a subcontractor under a written contract or agreement with such "named insured"; or (2) The inadvertent disturbance of asbestos or asbestos fibers if the "pollution conditions" do not result from any activity that is performed on behalf of any "named insured" by a sub- contractor under a written contract or agreement with such "named insured". As used in this provision, inadvertent disturbance does not include any discharge, dispersal, seepage, migration, release or escape of asbestos or asbestos fibers during or as a result of asbestos abatement operations or any other operations to test for, monitor, clean up, POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY Page 28 of 37 ª 2021 The Travelers Indemnity Company. All rights reserved. RP 10 00 11 21 described in Paragraphs (a)(i) or (ii) above; or (b) "Property damage" to, or "pollution clean-up costs" for, property: (i) Owned, occupied or used by; or (ii) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; any "named insured" or any of its "employees", any "named insured's" partners or members (if it is a partnership or joint venture), or any "named insured's" members (if it is a limited liability company). For the purposes of any Contractors Professional Liability Coverage, this exclusion does not apply to "property damage" to any premises, site or location that is temporarily rented or occupied by, or temporarily loaned to, the "named insured" exclusively for any job site where operations are being performed by or on behalf of such "named insured" that are part of such "named insured's" contractor business. For the purposes of any Contractors Pollution Liability Coverage and any Contractors Asbestos Pollution Liability Coverage, this exclusion does not apply to "property damage" to, or "pollution clean-up costs" for, any premises, site or location that is temporarily rented or occupied by, or temporarily loaned to, the "named insured" exclusively for any job site where "covered operations" are being performed; d. Only for the purposes of: (1) Any Contractors Professional Liability Coverage, and only with respect to the conduct of the "named insured's" contractor business; and (2) Any Contractors Pollution Liability Coverage, any Contractors Asbestos Pollution Liability Coverage, and any Non-Owned Disposal Site Pollution Legal Liability Coverage if the "non-owned disposal site pollution conditions" are "contractor waste non-owned disposal site pollution conditions", and only with respect to the conduct of "covered operations" for the "named insured's" business; the following persons or organizations: (1) The "named insured's" former or retired partners who are individuals and whom such "named insured" hires or retains as independent contractors in a contract or agreement with that former or retired partner if such "named insured" is designated in the Travelers ECP Custom Declarations as a partnership, but only for their performance of duties under such contract or agreement; (2) The "named insured's" former or retired members who are individuals and whom such "named insured" hires or retains as independent contractors in a contract or agreement with that former or retired member if such "named insured" is designated in the Travelers ECP Custom Declarations as a limited liability company but only for their performance of duties under such contract or agreement; and (3) The "named insured's" former or retired "employees" that such "named insured" hires or retains as independent contractors in a contract or agreement with that former or retired "employee" but only for their performance of duties under such contract or agreement. However, none of these "employees" are "insureds" for: (a) "Loss" because of "bodily injury" described in Paragraph c.(7)(a) above; or (b) "Property damage" or "pollution clean-up costs" described in Paragraph c.(7)(b) above; and e. Only for the purposes of: (1) Any Contractors Pollution Liability Coverage; (2) Any Contractors Asbestos Pollution Liability Coverage; and (3) Any Non-Owned Disposal Site Pollution Legal Liability Coverage if the "non-owned disposal site pollution conditions" are "contractor POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY RP 10 00 11 21 ª 2021 The Travelers Indemnity Company. All rights reserved. Page 29 of 37 waste non-owned disposal site pollution conditions"; any person or organization that the "named insured" agreed in a written contract or agreement to include as an additional insured under this insurance. However, such person or organization is an "insured" only for "bodily injury", "property damage" or "pollution clean-up costs" arising out of "covered operations" performed by or on behalf of any "named insured" and only to the extent that the "pollution conditions" are caused by acts or omissions of any "named insured" or any of such "named insured's" subcontractors. Also, the insurance provided to such person or organization is subject to the following provisions: (1) The limits of insurance provided to such person or organization will be the minimum limits which the "named insured" agreed to provide in the written contract or agreement, or the limits shown in the Travelers ECP Custom Declarations, whichever are less. (2) The insurance provided to such person or organization does not apply to any: (a) "Bodily injury", "property damage" or "pollution clean-up costs" resulting from: (i) "Pollution conditions" that commenced before the written contract or agreement was signed by the "named insured"; or (ii) "Pollution conditions", or any incident, condition or other circumstance which could become "pollution conditions", that was known, or reasonably should have been known, by such person or organization or by any of that organization's employees, and that was not previously disclosed to a "responsible person" before the written contract or agreement was signed by the "named insured"; or (b) "Bodily injury", "property damage" or "pollution clean-up costs" arising out of any "named insured's" operation, maintenance, or use of equipment rented or leased from that person or organization if the "pollution conditions" commenced after the equipment lease expires. 39. "Insured contract" means that part of any contract or agreement pertaining to "covered operations" or "your contractor professional services" under which the "named insured" assumes the "tort liability" of another to pay "loss" sustained or incurred by others. 40. "Lead pollution conditions" means any "pollution conditions" that are the discharge, dispersal, seepage, migration, release or escape of lead, lead compounds or any material or substance that contains or incorporates lead. 41. "Leased worker": a. Means a person hired from a labor leasing firm under an agreement between the hirer and that firm to perform duties related to the conduct of the hirer's business. b. Does not include a "temporary worker". 42. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an "auto", aircraft or watercraft or into or onto a wheeled vehicle designed for travel on railroad tracks; b. While it is in or on an "auto", aircraft or watercraft or in or on a wheeled vehicle designed for travel on railroad tracks; or c. While it is being moved from an "auto", aircraft or watercraft or from a wheeled vehicle designed for travel on railroad tracks to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the "auto", aircraft or watercraft or to the wheeled vehicle designed for travel on railroad tracks. 43. "Loss" means: a. For the purposes of any Contractors Professional Liability Coverage: (1) Compensatory damages; and (2) Punitive or exemplary damages if such damages are insurable under applicable law. POLLUTION LIABILITY Page 8 of 10 ª 2021 The Travelers Indemnity Company. All rights reserved. RP 10 02 10 21 3. Other Insurance a. As used anywhere in this policy, other insurance means insurance, or the funding of losses, that is provided by, through or on behalf of: (1) Another insurance company; (2) Us or any of our affiliated insurance companies; (3) Any risk retention group; or (4) Any self-insurance method or program, in which case the "insured" will be deemed to be the provider of other insurance. Other insurance does not include umbrella insurance, or excess insurance, that was bought specifically to apply in excess of the Limits of Insurance shown for this insurance in the Travelers ECP Custom Declarations. b. If valid and collectible other insurance is available to the "insured" for a loss covered under this insurance, our obligations are limited as follows: (1) This insurance is primary except when Paragraph (2) below applies. When this insurance is primary: (a) If any other insurance is issued to any "named insured" by us, or any of our affiliated insurance companies, this insurance is primary to that other insurance, and we will not share with that other insurance; and (b) If any other insurance not described in Paragraph (a) above is also primary, we will share with all that other insurance as follows: (i) If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each provider of insurance contributes equal amounts until it has paid its applicable limit of insurance or none of the "loss" remains, whichever comes first. (ii) If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, the share of each provider of insurance is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all providers of insurance. (2) This insurance is excess over any valid and collectible other insurance, whether such other insurance is primary, excess, contingent or on any other basis: (a) If the "pollution conditions" that caused the "loss" are "auto transportation pollution conditions"; (b) That only covers one or more projects specifically described in it. This paragraph does not apply to any other insurance that is available to any person or organization that: (i) Is an "insured" under Paragraph e. of the definition of "insured"; or (ii) Is an "insured" under any additional insured endorsement issued by us as part of this policy; (c) That is available to the "insured" when the "insured" is an additional insured, or is any other insured that does not qualify as a named insured, under such other insurance; or (d) That is available to any person or organization that: (i) Is an "insured" under Paragraph e. of the definition of "insured"; or (ii) Is an "insured" under any additional insured endorsement issued by us as part of this policy. However, if the "named insured" specifically agrees in a written contract or agreement that the insurance provided to such person or organization must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such person or organization which covers that person or organization as a named insured, and we will not share with that other insurance, provided that the "bodily injury", "property damage" or "pollution clean-up costs" for POLLUTION LIABILITY RP 10 02 10 21 ª 2021 The Travelers Indemnity Company. All rights reserved. Page 9 of 10 which coverage is sought result from "pollution conditions" that commence after the written contract or agreement was signed by the "named insured". (3) When this insurance is excess, we will have no duty to defend the "insured" against any "claim" if any provider of other insurance has a duty to defend the "insured" against that "claim". But we will have the right to associate in the defense and control of any "claim" that we reasonably believe is likely to involve this insurance. If no provider of other insurance defends any "claim" for "loss" to which this insurance applies, we will undertake to do so, but we will be entitled to the "insured's" rights against all those providers of other insurance. (4) When this insurance is excess, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all such other insurance. SECTION IV - DEFINITIONS 1. "Applicable Retroactive Date For Contractors Pollution Liability Coverage" means: a. The Retroactive Date For Contractors Pollution Liability Coverage stated in the Travelers ECP Custom Declarations, except when Paragraph b., c., d., e. or f. below applies. Paragraph b., c., d., e. or f. below applies only if coverage for the "loss" described in that paragraph is included in this form and the retroactive date described in that paragraph is stated in the Travelers ECP Custom Declarations. If no Retroactive Date For Contractors Pollution Liability Coverage is stated in the Travelers ECP Custom Declarations, that retroactive date will be deemed to be the first day of the "policy period". b. Any Auto Transportation Pollution Conditions Contractors Pollution Liability Retroactive Date stated in the Travelers ECP Custom Declarations if the "pollution conditions" that caused the "loss" are "auto transportation pollution conditions". c. Any Fungi Or Bacteria Conditions Retroactive Date stated in the Travelers ECP Custom Declarations if the "pollution conditions" that caused the "loss" are "fungi or bacteria conditions". d. Any Lead Pollution Conditions Retroactive Date stated in the Travelers ECP Custom Declarations if the "pollution conditions" that caused the "loss" are "lead pollution conditions". e. Any Low-Level Radioactivity Pollution Conditions Retroactive Date stated in the Travelers ECP Custom Declarations if the "pollution conditions" that caused the "loss" are "low-level radioactivity pollution conditions". f. Any Silica Pollution Conditions Retroactive Date stated in the Travelers ECP Custom Declarations if the "pollution conditions" that caused the "loss" are "silica pollution conditions". If more than one retroactive date in Paragraph b., c., d., e. or f. above applies, "applicable Retroactive Date For Contractors Pollution Liability Coverage" means the latest of such retroactive dates. 2. "Contractors Pollution Liability Coverage": a. Means Contractors Pollution Liability Coverage. b. Includes Contractors Pollution Liability coverage that is part of any policy that provides Contractors Pollution Liability coverage and any other coverage. 3. "Coverage territory" means anywhere in the world. 4. "Financial interest" means the insurable interest in a "foreign insured organization" because of: a. Sole ownership of, or majority ownership interest in, such "foreign insured organization", either directly or through one or more intervening subsidiaries; b. Indemnification of, or an obligation to indemnify: (1) Such "foreign insured organization" for a "foreign pollution legal liability loss" or "foreign emergency response costs loss"; or Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 1 APPENDIX A DAVIS – BACON ACT WAGE DETERIMINATION (1/10/2025) "General Decision Number: CA20250018 01/10/2025 Superseded General Decision Number: CA20240018 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway Counties: Alameda, Calaveras, Contra Costa, Fresno, Kings, Madera, Mariposa, Merced, Monterey, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Stanislaus and Tuolumne Counties in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1). If the contract is entered into on or after January 30, 2022, or the contract is renewed or extended (e.g. an option is exercised) on or after January 30, 2022: Executive Order 14026 generally applies to the contract. The contractor must pay all covered workers at least $17.75 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2025. If the contract was awarded on or between January 1, 2015 and January 29, 2022 and the contract is not renewed or extended on or after January 30, 2022: Executive Order 13658 generally applies to the contract. The contractor must pay all covered workers at least $13.30 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2025. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 2 Modification Number Publication Date 0 01/03/2025 1 01/10/2025 ---------------------------------------------------------------- ASBE0016-004 05/01/2024 AREA 1: CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS & TOULMNE COUNTIES AREA 2: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA CLARA COUNTIES Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not): Rates Fringes Area 1......................$ 34.56 11.40 Area 2......................$ 36.53 9.27 ---------------------------------------------------------------- ASBE0016-008 01/01/2024 AREA 1: ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA, & SANTA CRUZ AREA 2: CALAVERAS, COLUSA, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS, & TUOLUMNE Asbestos Workers/Insulator (Includes the application of all insulating materials, Protective Coverings, Coatings, and Finishes to all types of mechanical systems): Rates Fringes Area 1......................$ 84.76 25.07 Area 2......................$ 64.56 25.07 ---------------------------------------------------------------- BOIL0549-001 01/01/2021 AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA CLARA COUNTIES AREA 2: REMAINING COUNTIES BOILERMAKER Rates Fringes Area 1…...................$ 49.62 41.27 Area 2…...................$ 45.60 38.99 BRCA0003-001 08/01/2023 Rates Fringes MARBLE FINISHER..................$ 41.18 18.58 ---------------------------------------------------------------- BRCA0003-003 08/01/2023 Rates Fringes MARBLE MASON.....................$ 60.20 28.82 ---------------------------------------------------------------- Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 3 BRCA0003-005 05/01/2024 BRICKLAYER Rates Fringes ( 1) Fresno, Kings, Madera, Mariposa, Merced $ 51.17 25.80 ( 7) San Francisco, San Mateo $ 57.02 28.50 ( 8) Alameda, Contra Costa, San Benito, Santa Clara $ 56.94 26.28 ( 9) Calaveras, San Joaquin, Stanislaus, Toulumne $ 52.76 25.01 (16) Monterey, Santa Cruz $ 54.18 27.82 ---------------------------------------------------------------- BRCA0003-008 07/01/2023 Rates Fringes TERRAZZO FINISHER................ $ 43.90 19.51 TERRAZZO WORKER/SETTER........... $ 59.06 28.31 ---------------------------------------------------------------- BRCA0003-011 04/01/2024 AREA 1: Alameda, Contra Costa, Monterey, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz AREA 2: Calaveras, San Joaquin, Stanislaus, Tuolumne AREA 3: Fresno, Kings, Madera, Mariposa, Merced Rates Fringes TILE FINISHER Area 1......................$ 37.75 19.28 Area 2......................$ 34.76 19.22 Area 3......................$ 32.68 18.32 Tile Layer Area 1......................$ 59.92 22.62 Area 2......................$ 55.17 22.52 Area 3......................$ 50.28 22.05 ---------------------------------------------------------------- CARP0034-001 07/01/2021 Rates Fringes Diver Assistant Tender, ROV Tender/Technician.......... $ 54.10 34.69 Diver standby............... $ 60.51 34.69 Diver Tender................ $ 59.51 34.69 Diver wet.................. $ 103.62 34.69 Manifold Operator (mixed gas)........................ $ 64.51 34.69 Manifold Operator (Standby) $ 59.51 34.69 DEPTH PAY (Surface Diving): 050 to 100 ft $2.00 per foot 101 to 150 ft $3.00 per foot 151 to 220 ft $4.00 per foot 221 ft.-deeper $5.00 per foot SATURATION DIVING: Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 4 The standby rate shall apply until saturation starts. The saturation diving rate applies when divers are under pressure continuously until work task and decompression are complete. The diver rate shall be paid for all saturation hours. DIVING IN ENCLOSURES: Where it is necessary for Divers to enter pipes or tunnels, or other enclosures where there is no vertical ascent, the following premium shall be paid: Distance traveled from entrance 26 feet to 300 feet: $1.00 per foot. When it is necessary for a diver to enter any pipe, tunnel or other enclosure less than 48"" in height, the premium will be $1.00 per foot. WORK IN COMBINATION OF CLASSIFICATIONS: Employees working in any combination of classifications within the diving crew (except dive supervisor) in a shift are paid in the classification with the highest rate for that shift. ---------------------------------------------------------------- CARP0034-003 07/01/2021 Rates Fringes Piledriver.......................$ 54.10 34.69 ---------------------------------------------------------------- CARP0035-007 07/01/2020 AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa Clara counties AREA 2: Monterey, San Benito, Santa Cruz Counties AREA 3: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, San Joaquin, Stanislaus, Tuolumne Counties Rates Fringes Modular Furniture Installer Area 1 Installer.................. $ 28.76 22.53 Lead Installer............. $ 32.21 23.03 Master Installer........... $ 36.43 23.03 Area 2 Installer.................. $ 26.11 22.53 Lead Installer............. $ 29.08 23.03 Master Installer........... $ 32.71 23.03 Area 3 Installer.................. $ 25.16 22.53 Lead Installer............. $ 27.96 23.03 Master Installer........... $ 31.38 23.03 ---------------------------------------------------------------- CARP0035-008 08/01/2020 AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa Clara counties AREA 2: Monterey, San Benito, Santa Cruz Counties AREA 3: San Joaquin AREA 4: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, Stanislaus, Tuolumne Counties Rates Fringes Drywall Installers/Lathers: Area 1......................$ 52.65 31.26 Area 2......................$ 46.77 31.26 Area 3......................$ 47.27 31.26 Area 4......................$ 45.92 31.26 Drywall Stocker/Scrapper Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 5 Area 1......................$ 26.33 18.22 Area 2......................$ 23.39 18.22 Area 3......................$ 23.64 18.22 Area 4......................$ 22.97 18.22 ---------------------------------------------------------------- CARP0405-001 07/01/2021 Santa Clara County Rates Fringes Carpenters Bridge Builder/Highway Carpenter $ 54.85 31.49 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer....................... $ 55.00 31.49 Journeyman Carpenter........ $ 54.85 31.49 Millwright.................. $ 54.95 33.08 ---------------------------------------------------------------- ELEC0332-001 06/01/2024 SANTA CLARA COUNTY Rates Fringes CABLE SPLICER........ $ 100.25 46.72 ELECTRICIAN......... $ 87.17 46.33 FOOTNOTES: Work under compressed air or where gas masks are required, or work on ladders, scaffolds, stacks, ""Bosun's chairs,"" or other structures and where the workers are not protected by permanent guard rails at a distance of 40 to 60 ft. from the ground or supporting structures: to be paid one and one-half times the straight-time rate of pay. Work on structures of 60 ft. or over (as described above) to be paid twice the straight-time rate of pay. ---------------------------------------------------------------- * ELEC0332-003 12/01/2024 SANTA CLARA COUNTY Rates Fringes Sound & Communications Installer................... $ 56.68 28.35 Technician.................. $ 65.18 28.61 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 6 ---------------------------------------------------------------- ELEC1245-001 06/01/2024 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer.. $ 70.16 24.46 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead & underground distribution line equipment)............. $ 53.30 22.01 (3) Groundman............... $ 40.76 21.51 (4) Powderman............... $ 51.87 18.79 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ---------------------------------------------------------------- ELEV0008-001 01/01/2024 Rates Fringes ELEVATOR MECHANIC................ $ 80.76 37.885+a+b FOOTNOTE: a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ---------------------------------------------------------------- ENGI0003-001 06/28/2023 ""AREA 1"" WAGE RATES ARE LISTED BELOW ""AREA 2"" RECEIVES AN ADDITIONAL $2.00 PER HOUR ABOVE AREA 1 RATES. AREA DESCRIPTIONS: POWER EQUIPMENT OPERATORS, CRANES AND ATTACHMENTS,TUNNEL AND UNDERGROUND [These areas do not apply to Piledrivers and Steel Erectors] AREA 1: ALAMEDA, CALAVERAS, CONTRA COSTA, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, STANISLAUS, TUOLUMNE Rates Fringes OPERATOR: Power Equipment (AREA 1:) GROUP 1..................... $ 60.72 31.03 GROUP 2..................... $ 59.19 31.03 GROUP 3..................... $ 57.71 31.03 GROUP 4..................... $ 56.33 31.03 GROUP 5.................... .$ 55.06 31.03 GROUP 6.................... .$ 53.74 31.03 GROUP 7..................... $ 52.60 31.03 GROUP 8..................... $ 51.46 31.03 GROUP 8-A................... $ 49.25 31.03 Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 7 OPERATOR: Power Equipment (Cranes and Attachments – (AREA 1:) GROUP 1 Cranes............... $ 52.30 31.15 Oiler............... $ 43.79 31.15 Truck crane oiler.......... $ 46.08 31.15 GROUP 2 Cranes..................... $ 50.54 31.15 Oiler...................... $ 42.83 31.15 Truck crane oiler.......... $ 45.07 31.15 GROUP 3 Cranes..................... $ 48.80 31.15 Hydraulic.................. $ 44.44 31.15 Oiler...................... $ 42.55 31.15 Truck crane oiler.......... $ 44.83 31.15 GROUP 4 Cranes..................... $ 45.76 31.15 OPERATOR: Power Equipment (Piledriving - AREA 1:) GROUP 1 Lifting devices............ $ 52.64 31.15 Oiler...................... $ 43.38 31.15 Truck Crane Oiler.......... $ 45.66 31.15 GROUP 2 Lifting devices............ $ 50.82 31.15 Oiler...................... $ 43.11 31.15 Truck Crane Oiler.......... $ 45.41 31.15 GROUP 3 Lifting devices............ $ 49.14 31.15 Oiler...................... $ 42.89 31.15 Truck Crane Oiler.......... $ 45.12 31.15 GROUP 4 Lifting devices............ $ 47.37 31.15 GROUP 5 Lifting devices............ $ 44.73 31.15 GROUP 6 Lifting devices............ $ 42.50 31.15 OPERATOR: Power Equipment (Steel Erection - AREA 1:) GROUP 1 Cranes..................... $ 53.27 31.15 Oiler..................... $ 43.72 31.15 Truck Crane Oiler.......... $ 45.95 31.15 GROUP 2 Cranes..................... $ 51.50 31.15 Oiler...................... $ 43.45 31.15 Truck Crane Oiler.......... $ 45.73 31.15 GROUP 3 Cranes..................... $ 50.02 31.15 Hydraulic.................. $ 45.07 31.15 Oiler...................... $ 43.23 31.15 Truck Crane Oiler.......... $ 45.46 31.15 GROUP 4 Cranes..................... $ 48.00 31.15 GROUP 5 Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 8 Cranes..................... $ 46.70 31.15 OPERATOR: Power Equipment (Tunnel and Underground Work - AREA 1:) SHAFTS, STOPES, RAISES: GROUP 1.................... $ 56.82 31.03 GROUP 1-A.................. $ 59.29 31.03 GROUP 2.................... $ 55.56 31.03 GROUP 3.................... $ 54.23 31.03 GROUP 4.................... $ 53.09 31.03 GROUP 5.................... $ 51.95 31.03 UNDERGROUND: GROUP 1.................... $ 56.72 31.03 GROUP 1-A.................. $ 59.19 31.03 GROUP 2.................... $ 55.46 31.03 GROUP 3.................... $ 54.13 31.03 GROUP 4.................... $ 52.99 31.03 GROUP 5.................... $ 51.85 31.03 FOOTNOTE: Work suspended by ropes or cables, or work on a Yo-Yo Cat: $.60 per hour additional. POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Operator of helicopter (when used in erection work); Hydraulic excavator, 7 cu. yds. and over; Power shovels, over 7 cu. yds. GROUP 2: Highline cableway; Hydraulic excavator, 3-1/2 cu. yds. up to 7 cu. yds.; Licensed construction work boat operator, on site; Power blade operator (finish); Power shovels, over 1 cu. yd. up to and including 7 cu. yds. m.r.c. GROUP 3: Asphalt milling machine; Cable backhoe; Combination backhoe and loader over 3/4 cu. yds.; Continuous flight tie back machine assistant to engineer or mechanic; Crane mounted continuous flight tie back machine, tonnage to apply; Crane mounted drill attachment, tonnage to apply; Dozer, slope brd; Gradall; Hydraulic excavator, up to 3 1/2 cu. yds.; Loader 4 cu. yds. and over; Long reach excavator; Multiple engine scraper (when used as push pull); Power shovels, up to and including 1 cu. yd.; Pre- stress wire wrapping machine; Side boom cat, 572 or larger; Track loader 4 cu. yds. and over; Wheel excavator (up to and including 750 cu. yds. per hour) GROUP 4: Asphalt plant engineer/box person; Chicago boom; Combination backhoe and loader up to and including 3/4 cu. yd.; Concrete batch plant (wet or dry); Dozer and/or push cat; Pull- type elevating loader; Gradesetter, grade checker (GPS, mechanical or otherwise); Grooving and grinding machine; Heading shield operator; Heavy-duty drilling equipment, Hughes, LDH, Watson 3000 or similar; Heavy- duty repairperson and/or welder; Lime spreader; Loader under 4 cu. yds.; Lubrication and service engineer (mobile and grease rack); Mechanical finishers or spreader machine (asphalt, Barber-Greene and similar); Miller Formless M-9000 slope paver or similar; Portable crushing and screening plants; Power blade support; Roller operator, asphalt; Rubber-tired scraper, self-loading (paddle-wheels, etc.); Rubber- tired earthmoving equipment (scrapers); Slip form paver (concrete); Small tractor with drag; Soil stabilizer (P & H or equal); Spider plow and spider puller; Tubex pile rig; Unlicensed construction work boat operator, on site; Timber skidder; Track loader up to 4 yds.; Tractor-drawn scraper; Tractor, compressor drill combination; Welder; Woods-Mixer (and other similar Pugmill equipment) GROUP 5: Cast-in-place pipe laying machine; Combination slusher and motor operator; Concrete conveyor or concrete pump, truck or equipment mounted; Concrete conveyor, building site; Concrete pump or pumpcrete gun; Drilling equipment, Watson 2000, Texoma 700 or similar; Drilling and boring machinery, horizontal (not to apply to waterliners, wagon drills or jackhammers); Concrete mixer/all; Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 9 Person and/or material hoist; Mechanical finishers (concrete) (Clary, Johnson, Bidwell Bridge Deck or similar types); Mechanical burm, curb and/or curb and gutter machine, concrete or asphalt); Mine or shaft hoist; Portable crusher; Power jumbo operator (setting slip-forms, etc., in tunnels); Screed (automatic or manual); Self-propelled compactor with dozer; Tractor with boom D6 or smaller; Trenching machine, maximum digging capacity over 5 ft. depth; Vermeer T-600B rock cutter or similar GROUP 6: Armor-Coater (or similar); Ballast jack tamper; Boom- type backfilling machine; Assistant plant engineer; Bridge and/or gantry crane; Chemical grouting machine, truck-mounted; Chip spreading machine operator; Concrete saw (self-propelled unit on streets, highways, airports and canals); Deck engineer; Drilling equipment Texoma 600, Hughes 200 Series or similar up to and including 30 ft. m.r.c.; Drill doctor; Helicopter radio operator; Hydro-hammer or similar; Line master; Skidsteer loader, Bobcat larger than 743 series or similar (with attachments); Locomotive; Lull hi-lift or similar; Oiler, truck mounted equipment; Pavement breaker, truck-mounted, with compressor combination; Paving fabric installation and/or laying machine; Pipe bending machine (pipelines only); Pipe wrapping machine (tractor propelled and supported); Screed (except asphaltic concrete paving); Self- propelled pipeline wrapping machine; Tractor; Self-loading chipper; Concrete barrier moving machine GROUP 7: Ballast regulator; Boom truck or dual-purpose A-frame truck, non-rotating - under 15 tons; Cary lift or similar; Combination slurry mixer and/or cleaner; Drilling equipment, 20 ft. and under m.r.c.; Firetender (hot plant); Grouting machine operator; Highline cableway signalperson; Stationary belt loader (Kolman or similar); Lift slab machine (Vagtborg and similar types); Maginnes internal full slab vibrator; Material hoist (1 drum); Mechanical trench shield; Pavement breaker with or without compressor combination); Pipe cleaning machine (tractor propelled and supported); Post driver; Roller (except asphalt); Chip Seal; Self-propelled automatically applied concrete curing mahcine (on streets, highways, airports and canals); Self-propelled compactor (without dozer); Signalperson; Slip-form pumps (lifting device for concrete forms); Tie spacer; Tower mobile; Trenching machine, maximum digging capacity up to and including 5 ft. depth; Truck- type loader GROUP 8: Bit sharpener; Boiler tender; Box operator; Brakeperson; Combination mixer and compressor (shotcrete/gunite); Compressor operator; Deckhand; Fire tender; Forklift (under 20 ft.); Generator; Gunite/shotcrete equipment operator; Hydraulic monitor; Ken seal machine (or similar); Mixermobile; Oiler; Pump operator; Refrigeration plant; Reservoir-debris tug (self- propelled floating); Ross Carrier (construction site); Rotomist operator; Self-propelled tape machine; Shuttlecar; Self-propelled power sweeper operator (includes vacuum sweeper); Slusher operator; Surface heater; Switchperson; Tar pot firetender; Tugger hoist, single drum; Vacuum cooling plant; Welding machine (powered other than by electricity) GROUP 8-A: Elevator operator; Skidsteer loader-Bobcat 743 series or smaller, and similar (without attachments); Mini excavator under 25 H.P. (backhoe-trencher); Tub grinder wood chipper ---------------------------------------------------------- ALL CRANES AND ATTACHMENTS GROUP 1: Clamshell and dragline over 7 cu. yds.; Crane, over 100 tons; Derrick, over 100 tons; Derrick barge pedestal-mounted, over 100 tons; Self-propelled boom-type lifting device, over 100 tons GROUP 2: Clamshell and dragline over 1 cu. yd. up to and including 7 cu. yds.; Crane, over 45 tons up to and including 100 tons; Derrick barge, 100 tons and under; Self-propelled boom-type lifting device, over 45 tons; Tower crane GROUP 3: Clamshell and dragline up to and including 1 cu. yd.; Cranes 45 tons and under; Self- propelled boom-type lifting device 45 tons and under; Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 10 GROUP 4: Boom Truck or dual purpose A-frame truck, non-rotating over 15 tons; Truck-mounted rotating telescopic boom type lifting device, Manitex or similar (boom truck) over 15 tons; Truck-mounted rotating telescopic boom type lifting device, Manitex or similar (boom truck) - under 15 tons; ----------------------------------------------------------- PILEDRIVERS GROUP 1: Derrick barge pedestal mounted over 100 tons; Clamshell over 7 cu. yds.; Self-propelled boom-type lifting device over 100 tons; Truck crane or crawler, land or barge mounted over 100 tons GROUP 2: Derrick barge pedestal mounted 45 tons to and including 100 tons; Clamshell up to and including 7 cu. yds.; Self-propelled boom-type lifting device over 45 tons; Truck crane or crawler, land or barge mounted, over 45 tons up to and including 100 tons; Fundex F-12 hydraulic pile rig GROUP 3: Derrick barge pedestal mounted under 45 tons; Self- propelled boom-type lifting device 45 tons and under; Skid/scow piledriver, any tonnage; Truck crane or crawler, land or barge mounted 45 tons and under GROUP 4: Assistant operator in lieu of assistant to engineer; Forklift, 10 tons and over; Heavy-duty repairperson/welder GROUP 5: Deck engineer GROUP 6: Deckhand; Fire tender ------------------------------------------------------------- STEEL ERECTORS GROUP 1: Crane over 100 tons; Derrick over 100 tons; Self- propelled boom-type lifting device over 100 tons GROUP 2: Crane over 45 tons to 100 tons; Derrick under 100 tons; Self-propelled boom-type lifting device over 45 tons to 100 tons; Tower crane GROUP 3: Crane, 45 tons and under; Self-propelled boom-type lifting device, 45 tons and under GROUP 4: Chicago boom; Forklift, 10 tons and over; Heavy-duty repair person/welder GROUP 5: Boom cat -------------------------------------------------------------- -- TUNNEL AND UNDERGROUND WORK GROUP 1-A: Tunnel bore machine operator, 20' diameter or more GROUP 1: Heading shield operator; Heavy-duty repairperson; Mucking machine (rubber tired, rail or track type); Raised bore operator (tunnels); Tunnel mole bore operator GROUP 2: Combination slusher and motor operator; Concrete pump or pumpcrete gun; Power jumbo operator GROUP 3: Drill doctor; Mine or shaft hoist GROUP 4: Combination slurry mixer cleaner; Grouting Machine operator; Motorman Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 11 GROUP 5: Bit Sharpener; Brakeman; Combination mixer and compressor (gunite); Compressor operator; Oiler; Pump operator; Slusher operator ----------------------------------------------------------- ENGI0003-008 08/01/2024 Dredging: (DREDGING: CLAMSHELL & DIPPER DREDGING; HYDRAULIC SUCTION DREDGING:) AREA 1: ALAMEDA,BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED, NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS, SUTTER, YOLO, AND YUBA COUNTIES Rates Fringes AREA 1: (1) Leverman............... $ 60.61 39.55 (2) Dredge Dozer; Heavy duty repairman............. $ 55.65 39.55 (3) Booster Pump Operator; Deck Engineer; Deck mate; Dredge Tender; Winch Operator................... $ 54.53 39.55 (4) Bargeman; Deckhand; Fireman; Leveehand; Oiler.. $ 51.23 39.55 AREA 2: (1) Leverman............... $ 62.61 39.55 (2) Dredge Dozer; Heavy duty repairman............. $ 57.65 39.55 (3) Booster Pump Operator; Deck Engineer; Deck mate; Dredge Tender; Winch Operator................... $ 56.53 39.55 (4) Bargeman; Deckhand; Fireman; Leveehand; Oiler.. $ 53.23 39.55 ---------------------------------------------------------------- ENGI0003-019 07/01/2024 AREA 1: ALAMEDA, BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED, NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS, SUTTER, YOLO, AND YUBA COUNTIES Rates Fringes OPERATOR: Power Equipment (LANDSCAPE WORK ONLY) GROUP 1 AREA 1.....................$ 52.40 28.52 AREA 2.....................$ 54.40 28.52 GROUP 2 AREA 1.....................$ 48.80 28.52 AREA 2.....................$ 50.80 28.52 GROUP 3 AREA 1.....................$ 44.19 28.52 AREA 2.....................$ 46.19 28.52 Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 12 GROUP DESCRIPTIONS: GROUP 1: Landscape Finish Grade Operator: All finish grade work regardless of equipment used, and all equipment with a rating more than 65 HP. GROUP 2: Landscape Operator up to 65 HP: All equipment with a manufacturer's rating of 65 HP or less except equipment covered by Group 1 or Group 3. The following equipment shall be included except when used for finish work as long as manufacturer's rating is 65 HP or less: A-Frame and Winch Truck, Backhoe, Forklift, Hydragraphic Seeder Machine, Roller, Rubber-Tired and Track Earthmoving Equipment, Skiploader, Straw Blowers, and Trencher 31 HP up to 65 HP. GROUP 3: Landscae Utility Operator: Small Rubber-Tired Tractor, Trencher Under 31 HP. ---------------------------------------------------------------- IRON0377-001 01/01/2024 ALAMEDA, CONTRA COSTA, SAN MATEO, SANTA CLARA COUNTIES Rates Fringes Ironworkers: Fence Erector............... $ 42.53 26.26 Ornamental, Reinforcing and Structural............. .$ 52.08 34.90 PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center- Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LABO0067-006 07/01/2024 AREA ""1"" - ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES AREA ""2"" - CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, STANISLAUS, AND TUOLUMNE COUNTIES Rates Fringes LABORER (ASBESTOS/MOLD/LEAD LABORER) Area 1...................... $ 37.75 29.69 Area 2...................... $ 36.75 29.69 ASBESTOS REMOVAL-SCOPE OF WORK: Site mobilization; initial site clean-up; site preparation; removal of asbestos-containing materials from walls and ceilings; or from pipes, boilers and mechanical systems only if they are being scrapped; encapsulation, enclosure and disposal of asbestos-containing Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 13 materials by hand or with equipment or machinery; scaffolding; fabrication of temporary wooden barriers; and assembly of decontamination stations. ---------------------------------------------------------------- LABO0073-005 06/26/2023 Rates Fringes Tunnel and Shaft Laborers: GROUP 1..................... $ 45.89 27.72 GROUP 2..................... $ 45.66 27.72 GROUP 3..................... $ 45.41 27.72 GROUP 4..................... $ 44.96 27.72 GROUP 5..................... $ 44.42 27.72 Shotcrete Specialist........ $ 46.41 27.72 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman ---------------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 14 Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shotcrete GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material cleaner"" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 15 B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) ---------------------------------------------------------------- LABO0270-003 07/01/2023 AREA A: SANTA CLARA AREA B: MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person Area A..................... $ 37.26 27.30 Area B..................... $ 36.26 27.30 Traffic Control Person I Area A..................... $ 37.56 27.30 Area B..................... $ 36.56 27.30 Traffic Control Person II Area A..................... $ 35.06 27.30 Area B..................... $ 34.06 27.30 TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage. TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs, markers, delineators and crash cushions. Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 16 ---------------------------------------------------------------- LABO0270-004 06/26/2023 MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES Rates Fringes Tunnel and Shaft Laborers: GROUP 1.................... .$ 45.89 27.72 GROUP 2..................... $ 45.66 27.72 GROUP 3.................... .$ 45.41 27.72 GROUP 4..................... $ 44.96 27.72 GROUP 5..................... $ 44.42 27.72 Shotcrete Specialist........ $ 46.41 27.72 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman ---------------------------------------------------------------- LABO0270-011 07/01/2023 MONTEREY, SAN BENITO, SANTA CRUZ, SANTA CLARA COUNTIES Rates Fringes LABORER (Plaster Tender)......... $ 40.68 29.68 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- PAIN0016-001 01/01/2024 ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN MATEO, SANTA CLARA, AND SANTA CRUZ COUNTIES Rates Fringes Painters:........................ $ 50.51 27.66 PREMIUMS: EXOTIC MATERIALS - $1.25 additional per hour. SPRAY WORK: - $0.50 additional per hour. Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 17 INDUSTRIAL PAINTING - $0.25 additional per hour [Work on industrial buildings used for the manufacture and processing of goods for sale or service; steel construction (bridges), stacks, towers, tanks, and similar structures] HIGH WORK: over 50 feet - $2.00 per hour additional 100 to 180 feet - $4.00 per hour additional Over 180 feet - $6.00 per houir additional ---------------------------------------------------------------- PAIN0016-003 01/01/2024 AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA CLARA COUNTIES AREA 2: CALAVERAS, MARIPOA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS & TUOLUMNE COUNTIES Rates Fringes Drywall Finisher/Taper AREA 1...................... $ 60.41 31.34 AREA 2...................... $ 56.28 29.94 ---------------------------------------------------------------- PAIN0016-012 01/01/2024 ALAMEDA, CONTRA COSTA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES Rates Fringes SOFT FLOOR LAYER............. $ 59.00 33.03 ---------------------------------------------------------------- PAIN0169-005 01/01/2024 ALAMEDA CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA & SANTA CRUZ COUNTIES Rates Fringes GLAZIER.......................... $ 56.22 34.00 ---------------------------------------------------------------- PAIN1176-001 07/01/2022 HIGHWAY IMPR0VEMENT Rates Fringes Parking Lot Striping/Highway Marking: GROUP 1..................... $ 40.83 17.62 GROUP 2..................... $ 34.71 17.62 GROUP 3..................... $ 35.11 17.62 CLASSIFICATIONS GROUP 1: Striper: Layout and application of painted traffic stripes and marking; hot thermo plastic; tape, traffic stripes and markings GROUP 2: Gamecourt & Playground Installer GROUP 3: Protective Coating, Pavement Sealing Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 18 ---------------------------------------------------------------- PLAS0300-001 07/01/2018 Rates Fringes PLASTERER AREA 188: Fresno........... $ 32.70 31.68 AREA 224: San Benito, Santa Clara, Santa Cruz.... $ 32.88 31.68 AREA 295: Calaveras & San Joaquin Counties... $ 32.70 31.68 AREA 337: Monterey County.. $ 32.88 31.68 AREA 429: Mariposa, Merced, Stanislaus, Tuolumne Counties........... $ 32.70 31.68 ---------------------------------------------------------------- PLAS0300-005 07/01/2016 Rates Fringes CEMENT MASON/CONCRETE FINISHER... $ 32.15 23.27 ---------------------------------------------------------------- PLUM0355-004 07/01/2024 ALAMEDA, CALAVERAS, CONTRA COSTA, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, STANISLAUS, AND TUOLUMNE COUNTIES: Rates Fringes Underground Utility Worker /Landscape Fitter...........$ 34.51 18.30 ---------------------------------------------------------------- PLUM0393-001 07/01/2021 SAN BENITO AND SANTA CLARA COUNTIES Rates Fringes PLUMBER/PIPEFITTER...............$ 68.76 46.63 ---------------------------------------------------------------- ROOF0095-002 08/01/2023 MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES: Rates Fringes ROOFER Bitumastic, Enameler, Coal Tar, Pitch and Mastic worker......................$ 57.17 21.51 Journeyman..................$ 53.17 21.51 Kettle person (2 kettles)...$ 55.17 21.51 ---------------------------------------------------------------- SFCA0483-001 08/01/2024 ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES: Rates Fringes SPRINKLER FITTER (FIRE)..........$ 79.13 38.51 ---------------------------------------------------------------- Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 19 SHEE0104-001 07/01/2020 AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO, SANTA CLARA AREA 2: MONTEREY & SAN BENITO AREA 3: SANTA CRUZ SHEET METAL WORKER Rates Fringes AREA 1: Mechanical Contracts under $200,000............. $ 55.92 45.29 All Other Work............. $ 64.06 46.83 AREA 2...................... $ 52.90 36.44 AREA 3..................... . $ 55.16 34.18 ---------------------------------------------------------------- SHEE0104-015 07/01/2020 ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES: Rates Fringes SHEET METAL WORKER (Metal Decking and Siding only) $ 44.45 35.55 ---------------------------------------------------------------- TEAM0094-001 07/01/2024 Truck drivers: Rates Fringes GROUP 1..................... $ 41.54 33.25 GROUP 2..................... $ 41.84 33.25 GROUP 3..................... $ 42.14 33.25 GROUP 4..................... $ 42.49 33.25 GROUP 5..................... $ 42.84 33.25 FOOTNOTES: Articulated dump truck; Bulk cement spreader (with or without auger); Dumpcrete truck; Skid truck (debris box); Dry pre-batch concrete mix trucks; Dumpster or similar type; Slurry truck: Use dump truck yardage rate. Heater planer; Asphalt burner; Scarifier burner; Industrial lift truck (mechanical tailgate); Utility and clean-up truck: Use appropriate rate for the power unit or the equipment utilized. TRUCK DRIVER CLASSIFICATIONS GROUP 1: Dump trucks, under 6 yds.; Single unit flat rack (2- axle unit); Nipper truck (when flat rack truck is used appropriate flat rack shall apply); Concrete pump truck (when flat rack truck is used appropriate flat rack shall apply); Concrete pump machine; Fork lift and lift jitneys; Fuel and/or grease truck driver or fuel person; Snow buggy; Steam cleaning; Bus or personhaul driver; Escort or pilot car driver; Pickup truck; Teamster oiler/greaser and/or serviceperson; Hook tender (including loading and unloading); Team driver; Tool room attendant (refineries) GROUP 2: Dump trucks, 6 yds. and under 8 yds.; Transit mixers, through 10 yds.; Water trucks, under 7,000 gals.; Jetting trucks, under 7,000 gals.; Single-unit flat rack (3-axle unit); Highbed heavy duty transport; Scissor truck; Rubber-tired muck car (not self-loaded); Rubber-tired truck jumbo; Winch truck and ""A"" frame drivers; Combination winch truck with hoist; Road oil truck or bootperson; Buggymobile; Ross, Hyster and similar straddle carriers; Small rubber-tired tractor Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 20 GROUP 3: Dump trucks, 8 yds. and including 24 yds.; Transit mixers, over 10 yds.; Water trucks, 7,000 gals. and over; Jetting trucks, 7,000 gals. and over; Vacuum trucks under 7500 gals. Trucks towing tilt bed or flat bed pull trailers; Lowbed heavy duty transport; Heavy duty transport tiller person; Self- propelled street sweeper with self-contained refuse bin; Boom truck - hydro-lift or Swedish type extension or retracting crane; P.B. or similar type self-loading truck; Tire repairperson; Combination bootperson and road oiler; Dry distribution truck (A bootperson when employed on such equipment, shall receive the rate specified for the classification of road oil trucks or bootperson); Ammonia nitrate distributor, driver and mixer; Snow Go and/or plow GROUP 4: Dump trucks, over 25 yds. and under 65 yds.; Water pulls - DW 10's, 20's, 21's and other similar equipment when pulling Aqua/pak or water tank trailers; Helicopter pilots (when transporting men and materials); Lowbedk Heavy Duty Transport up to including 7 axles; DW10's, 20's, 21's and other similar Cat type, Terra Cobra, LeTourneau Pulls, Tournorocker, Euclid and similar type equipment when pulling fuel and/or grease tank trailers or other miscellaneous trailers; Vacuum Trucks 7500 gals and over and truck repairman GROUP 5: Dump trucks, 65 yds. and over; Holland hauler; Low bed Heavy Duty Transport over 7 axles ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.75) or 13658 ($13.30). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). ---------------------------------------------------------------- The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate. Union Rate Identifiers Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 21 A four-letter identifier beginning with characters other than ""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate. Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification. Union Average Rate Identifiers The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE: UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio.The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate. A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based. Survey Rate Identifiers The ""SU"" identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier. ?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1). State Adopted Rate Identifiers The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted. ----------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1) Has there been an initial decision in the matter? This can be: a) a survey underlying a wage determination b) an existing published wage determination Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON Project 2025-02 Page 22 c) an initial WHD letter setting forth a position on a wage determination matter d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to: Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations. Requests can be submitted via email to BCWD-Office@dol.gov or by mail to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210. ================================================================ END OF APPENDIX A City of Cupertino Statement of Qualifications to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project CITY OF CUPERTINO Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Presented to: City of Cupertino Public Works Department 10555 Mary Avenue Cupertino, CA 95014 Presented by: Syserco Energy Solutions, Inc. December 23, 2024 The information contained in this document and all attached documents is strictly confidential and contains proprietary information. It may only be used by the named addressee(s) and is also subject to the terms of any other confidentiality or nondisclosure agreement between parties. A. Cover Lette DOCUMENT 1.2 RFP SUBMITTAL 12/27/2024 DOCUMENT 1.2 RFP SUBMITTAL 12/27/2024 SYSERCO ENERGY SOLUTIONS, INC. 215 Fourier Avenue Suite 140 Fremont, CA 94539 707.227.6377 (mobile) g.johnson@syserco-es.com Syserco Energy Solutions, Inc. 1 www.syserco-es.com A. Cover Letter December 24, 2024 Susan Michael, CIP Manager Chad Mosley, PE, Director of Public Works & City Engineer City of Cupertino, Public Works Department 10555 Mary Avenue Cupertino, CA 95014 RE: Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Dear Ms. Michael and Mr. Mosely, Syserco Energy Solutions, Inc. (SES) is pleased to present the enclosed proposal to the City of Cupertino (City) in response to your Request for Proposal (RFQ) from short-listed Design-Build Entities for the Cupertino Photovoltaic Systems Design and Installation Project. Our team has reviewed all materials, addenda, and related project documents the City has issued in relation to this RFP, ensuring our full understanding of the project scope and goals of this project. As detailed in our DBE Questionnaire, we have designed and implemented numerous solar PV projects for cities, several of which are very similar to your project in Cupertino. We have highlighted a few projects in the South Bay Area where we are performing the same services that will be provided to the City, with the common goal of completing the projects and receiving Permission to Operate (PTO) from PG&E ahead of the NEM 2.0 deadline (April 15, 2026). Specifically, we are currently under contract and in construction for the following projects:  City of Mountain View – 3 sites; 592.2 kW, carport and rooftop designs  City of Morgan Hill – 7 sites; 967.1 kW, carport and shade structure designs  City of Gilroy – 4 sites; 1,125 kW, carport and rooftop designs  City of Willits – 2 sites; 674 kW, carport and rooftop designs  City of Fort Bragg – 6 sites; 1,261,928 kW, carport, rooftop, and ground-mount designs All five projects are on schedule to achieve PTO for NEM 2.0 status ahead of the deadline. Additional details for these projects can be found in the body of this proposal. With our office headquarters in Fremont, CA and resources deployed across the South Bay at these sites, SES is well-positioned to provide an active presence across all disciplines of your project from start to finish. Project Pricing Our intention for this proposal is to provide complete pricing to ensure there are no corners being cut, and to provide the City with confidence that the solar arrays being built meet the highest standards for quality and reliability. To demonstrate our familiarity with your sites and understanding of the goals of City staff, its Sustainability Committee, Parks and Recreation Committee, City Council, and your community, we are providing pricing for all aspects as required by the RFP, as well as alternate options for consideration. The additional design options will provide City staff with a complete understanding of all potential options so that you can make decisions that align with the goals and available budget. Syserco Energy Solutions, Inc. 2 www.syserco-es.com Schedule We have included a detailed project schedule that has been constructed in accordance with realistic market conditions and availability of materials and resources. We have a high level of confidence in our ability to meet our proposed schedule with clear understanding of the importance of achieving NEM 2.0 status for all systems being installed. For the City to realize the financial gains associated with NEM 2.0 status and complete the project on time, it is imperative that the City work with an experienced contractor that has demonstrated the ability to deliver on similar projects in the region. Our schedule reflects our ability to understand the challenges of your project and mitigate any conditions that would cause delays. Our pricing and schedule both include providing full-time construction management services that will be dedicated to your project on a daily basis, and laser focused on maintaining each schedule milestone. Technical Design Expertise We have established a team that is qualified and experienced in the design and implementation of solar projects. We have worked closely with MMPV Design on past projects and can attest to their professionalism and beautiful design capabilities. We are partnering with the leading design and implementation firms in the Bay Area, who have demonstrated a proven track record and high level of familiarity with the requirements for your project. This collective team, including SES, MMPV, McMillan Electric, and Teichert Solar, provides the most robust and experienced team available. Our collaborative working relationship will ensure the best possible outcome for the City. Construction & Procurement Expertise Our selected subcontractors are licensed, reputable, and extremely reliable. Each subcontractor brings years of experience on solar projects just like this one. We anticipate excellent collaboration with all subcontractors and assure the City will meet the impending NEM 2.0 deadline without issue. Design Approach Our design approach is based on extensive conversations with City staff about their desire to conserve energy, save money, and adhere to the priorities of the community, City Council, Parks and Rec, and the Sustainability team. Our approach to designing these systems comes with sincere consideration of protecting trees, logistics of site access, reflectivity of lighting on neighboring homes and tennis courts, and a high level of aesthetic appeal to the community. Our team has walked the proposed sites, knows the project parameters well, and has considered all potential designs that best align with the overall goals of City staff and the community of Cupertino. Procurement Approach As our teams have completed multiple solar projects, and are currently in construction with many more, we fully understand the demand for solar PV materials and equipment. We have developed succinct methods of procurement for solar projects that are unparalleled. All partners and subcontractors have already been selected and are aware of the materials and labor requirements of your projects. We assure you that the procurement process will be timely and run smoothly so that the City will meet the NEM 2.0. deadline. Construction Approach Our proposed Project Manager, Pablo Orozco, is also a Professional Engineer with extensive knowledge about energy efficiency, materials, equipment, and construction engineering. Pablo will be the lead Project Manager for the City’s project and will be supplied with additional resources from our internal team and our subcontractors. Our plan is to provide dedicated project management and construction services with daily on-site supervision, ensuring a successful project. Syserco Energy Solutions, Inc. 3 www.syserco-es.com This is a critical component for the success of this project, and we fully understand how important it is that the City works with experienced and dedicated professionals. Pablo has over 40 years of engineering, procurement, and implementation of comprehensive energy conservation and solar PV projects. He spent many years working for UC Davis leading pioneering efforts for solar PV projects and has actively managed many large-scale solar projects, with multiple sites, for SES over the last seven years. Pablo is a proactive communicator who relies on oral and written forms of communication to make sure our customers are well informed during all stages of the project. This project is very important to us, and Pablo will be supported by Nagib Elzein, Operations Manager, and Doug McCoy, Vice President of Business Operations. Life-Cycle Costs The solar arrays being proposed for this project are designed with the intent of maximizing the overall life-cycle cost savings, while keeping construction costs as low as possible. In the body of this proposal, you will see cash-flow proformas for each site that highlight the financial value that each system will deliver. In order to prepare the City for ongoing operational costs, we have factored in "market-condition" costs for ongoing maintenance and cleaning of the systems. Savings are projected based on calculated historical utility data so that the city can be assured of realistic financial gains. Each system included in this proposal provides an excellent opportunity for the City to realize a significant amount of savings, while accounting for all expected ongoing costs. We are in receipt of Addendum No. 1, Addendum No. 2, and Addendum No. 3, and have considered them all in our proposal response. We certify that we agree to the terms and conditions set forth in this RFP, including the certifications set forth in subsection 7.D. Should you have any questions regarding our response, please contact Gabe Johnson at via email at g.johnson@syserco-es.com or by phone at 707.227.6377. We look forward to discussing our proposal with you and your team in person. Sincerely, Majd Khleif Derek Eggers Principal Principal Syserco Energy Solutions, Inc. Syserco Energy Solutions, Inc. City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Syserco Energy Solutions, Inc. 4 www.syserco-es.com B.Price Proposal We have analyzed multiple approaches to the City’s project and have listed multiple options, which are included below. Base Option 1 Sites Included Design Services Construction Services General Conditions Total Quinlan Community Center Cupertino Sports Center Community Hall $205,713 $4,068,987 $108,933 $4,383,633 Base Option 1 + NEM 3.0 Right-Sized Library System This NEM 3.0 system at the Library is being proposed as an option for the City to consider, should the City wish to include a library system that will be built in parallel with the other three systems, but not be required to adhere to the tight NEM 2.0 deadline requirements. The system is designed to maximize the benefits of financial gain under the NEM 3.0 metering structure. Sites Included Design Services Construction Services General Conditions Total Quinlan Community Center Cupertino Sports Center Community Hall Cupertino Library $227,810 $5,034,644 $109,733 $5,372,187 Base Option 2 This option is being provided for the City to consider a smaller system at Quinlan Community Center that reduces up-front cost, and provides an improved cost-to-savings ratio, in comparison to the larger sized system as provided in the Base Price proposal. Sites Included Design Services Construction Services General Conditions Total Quinlan Community Center Cupertino Sports Center Community Hall $197,297 $3,669,145 $73,439 $3,939,881 Base Option 2 + NEM 3.0 Right-Sized Library System This option is being provided for the City to consider the previous "Base Price-Option 2" along with the NEM 3.0 system at the library being included. Sites Included Design Services Construction Services General Conditions Total Quinlan Community Center Cupertino Sports Center Community Hall Cupertino Library $217,568 $4,591,228 $73,439 $4,882,235 City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Syserco Energy Solutions, Inc. 5 www.syserco-es.com C. Schedule The attached DRAFT Schedule is intended to provide a working document for the City and SES to collaborate toward successful delivery of the City’s project. The dates and durations are based on our best current estimates, recent marketplace data for material lead-times and the career experience of our project team. Several of the durations have the opportunity to compress through collective effort. The schedule presented is for the Base Proposal, as required by RFP. The schedule can be modified/adjusted if the City decides to include any of the options that are presented in the price proposal forms. Begin With the End in Mind In the City’s RFP, it states that the final completion date must be April 1, 2026. We have approached this project with the goal of providing our collective teams with some cushion. Therefore, the attached schedule has a final completion date of February 23, 2026. Design Phase Starting with the optimistic approach that the City selects SES, the City’s RFP uses January 23, 2025, as the date it will issue a Notice of Intent to Award. On this date, we will immediately begin to engage our subcontractors and consultants to prepare them for the receipt of their respective subcontracts. By starting this process upon receipt of the Notice of Intent to Award, we can have final, executed subcontracts immediately following receipt of the executed prime contract on February 5, 2025 (per the RFP). Following the performance of the subterranean data collection via ground penetrating radar, and geotechnical surveys, the 50% design drawings are made available within the month of April, with 90% design drawings following three weeks later on May 21, 2025. We’ve accounted for five business days for the City to review, and, once final permit set documents are complete, application for a permit to occur on June 11, 2025. City Review and Revisions We have allocated five working days for the City to review. This is an area where, with the City’s help, we may be able to compress the schedule and pull ahead by several days. City Permit Approval Process SES has not done a project with the City of Cupertino yet; therefore, we are unaware of the City’s timing on performing permit reviews. For the purpose of this schedule, we have allocated six weeks. However, there is an opportunity for the City to involve its Permitting Department in the “City Review and Revisions” stage and to preemptively prepare to have a permit review performed for this project in less than a six-week timespan. This is an area where the City can collaborate toward the goal of delivering the project well ahead of schedule. Procurement Phase The schedule shows a lead time for inverters, switchgear, racking materials, photovoltaic (PV) modules, and data acquisition systems (DAS). City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Syserco Energy Solutions, Inc. 6 www.syserco-es.com Construction Phase As the schedule shows, the first target date to start the construction phase (Construction Phase – Mobilization) is four weeks (July 24, 2024) after the anticipated delivery date of the racking materials (June 4, 2025) for the roof mounted array at Community Hall. To ensure we have enough time to meet/beat the deadline, we have built in these four-weeks of “float-time” to account for future/unforeseen inclement weather, unexpected delays due to supply chain disruption, changes to sequence, etc. The Community Hall portion of this solar project requires the least amount of parking lot access restriction, therefore starting with this site is both timely (lead time for the roof racking materials is faster than the custom fabrication needed for the Carport Structures) and fortuitous because it will allow the City’s residents to have minimized disruption during the summer season when Quinlan Center experiences heavier use. This schedule has construction starting at Quinlan Center in mid-September, after back-to-school. While we know that the schedule will be constantly in need of further refinement, we believe that this preliminary schedule allows enough time to account for unforeseen delays, while offering opportunities for the schedule to be accelerated through collaborative effort. The entire schedule has been designed to deliver the Permission to Operate (PTO) milestone well ahead of the April 1, 2026, date included in the City’s RFP. ID Task Name Duration Start Finish 1 City of Cupertino Solar PV Project 283 days Thu 1/23/25 Mon 2/23/26 2 Prime Contract Execution/Subcontractors on-boarding 15 days Thu 1/23/25 Wed 2/12/25 3 Notice of Intent to award Issued 0 days Thu 1/23/25 Thu 1/23/25 4 City of Council approval 0 days Tue 2/4/25 Tue 2/4/25 5 Prime Contract Execution/ NTP Issued 0 days Wed 2/5/25 Wed 2/5/25 6 Issue Subcontracts/LOIs/POs 15 days Thu 1/23/25 Wed 2/12/25 7 DESIGN & ENGINEERING PHASE 180 days Thu 2/13/25 Wed 10/22/25 8 GPRS 10 days Thu 2/13/25 Wed 2/26/25 9 Geotech - Site Testing 10 days Thu 2/27/25 Wed 3/12/25 10 Geotech - Report 15 days Thu 3/13/25 Wed 4/2/25 11 Electrical - 50 % Set - Design & Engineering 20 days Thu 4/3/25 Wed 4/30/25 12 Structural - 50 % Set - Design & Engineering 20 days Thu 4/3/25 Wed 4/30/25 13 City Approval - 50 % Set 5 days Thu 5/1/25 Wed 5/7/25 14 Electrical - 90 % Set - Design & Engineering 10 days Thu 5/8/25 Wed 5/21/25 15 Structural - 90 % Set - Design & Engineering 10 days Thu 5/8/25 Wed 5/21/25 16 City Approval - 90 % Set 5 days Thu 5/22/25 Wed 5/28/25 17 Finalize Permit Set 10 days Thu 5/29/25 Wed 6/11/25 18 Design Complete 0 days Wed 6/11/25 Wed 6/11/25 19 City Permit Submission 30 days Wed 6/11/25 Wed 7/23/25 20 Permit Submittal 0 days Wed 6/11/25 Wed 6/11/25 21 City Approval 6 wks Thu 6/12/25 Wed 7/23/25 22 Permit Issued 0 days Wed 7/23/25 Wed 7/23/25 23 PROCUREMENT PHASE 120 days Thu 5/8/25 Wed 10/22/25 24 Order Inverters 30 days Thu 5/8/25 Wed 6/18/25 25 Order Switchgear 6 mons Thu 5/8/25 Wed 10/22/25 26 Order Racking 20 days Thu 5/8/25 Wed 6/4/25 27 Order Modules 40 days Thu 5/8/25 Wed 7/2/25 28 Order DAS System 20 days Thu 5/8/25 Wed 6/4/25 29 Civic Center - Community Hall roof 49.3 KW 79 days Thu 7/24/25 Tue 11/11/25 30 CONSTRUCTION PHASE 79 days Thu 7/24/25 Tue 11/11/25 31 Mobilization 2 days Thu 7/24/25 Fri 7/25/25 32 Structural Racking 17 days Mon 7/28/25 Tue 8/19/25 33 Layout 2 days Mon 7/28/25 Tue 7/29/25 34 Hoist Modules into Place 15 days Wed 7/30/25 Tue 8/19/25 35 Electrical 59 days Wed 8/20/25 Mon 11/10/25 36 AC Electrical 52 days Wed 8/20/25 Thu 10/30/25 37 Point of Interconnection Construction 6 days Wed 8/20/25 Wed 8/27/25 38 Switchgear install and tie in 6 days Thu 10/23/25 Thu 10/30/25 39 DC Electrical 7 days Wed 8/20/25 Thu 8/28/25 40 Module Stringing 5 days Wed 8/20/25 Tue 8/26/25 41 Run Source Circuiting - modules to inverters 2 days Wed 8/27/25 Thu 8/28/25 42 Low Voltage - DAS Monitoring & Networking 2 days Fri 8/29/25 Mon 9/1/25 43 Device Mounting and Wiring 2 days Fri 8/29/25 Mon 9/1/25 44 Utility Shutdown if required 22 days Thu 8/28/25 Fri 9/26/25 45 Schedule Shutdown (Load Side)20 days Thu 8/28/25 Wed 9/24/25 46 Point of interconnection 2 days Thu 9/25/25 Fri 9/26/25 47 COMMISSIONING; TESTING & ACCEPTANCE PHASE 8 days Thu 8/28/25 Mon 9/8/25 48 DC Tested & Accepted (Open Voltage & IV Curve Testing)5 days Fri 8/29/25 Thu 9/4/25 49 AC Tested & Accepted (Continuity & Megger Testing)5 days Thu 8/28/25 Wed 9/3/25 50 DAS and Network Tested 5 days Tue 9/2/25 Mon 9/8/25 51 Submit Electrical Final to Utility/ Request Permission to Operate Inspection 1 day Mon 9/29/25 Mon 9/29/25 52 Permission to Operate Field Inspection (PG&E)30 days Tue 9/30/25 Mon 11/10/25 53 PTO Received 1 day Tue 11/11/25 Tue 11/11/25 54 PTO Received 1 day Tue 11/11/25 Tue 11/11/25 55 Quinlan, Community center 311.46KW Carport 128 days Thu 7/24/25 Mon 1/19/26 56 CONSTRUCTION PHASE 128 days Thu 7/24/25 Mon 1/19/26 57 Mobilization 2 days Thu 7/24/25 Fri 7/25/25 58 Structural Carport 73 days Mon 7/28/25 Wed 11/5/25 59 Fabricate Steel 35 days Mon 7/28/25 Fri 9/12/25 60 Layout 2 days Mon 9/15/25 Tue 9/16/25 61 Drill and Pour Foundations 12 days Wed 9/17/25 Thu 10/2/25 62 Erect Primary Beams 12 days Fri 10/3/25 Mon 10/20/25 63 Hoist Modules into Place 12 days Tue 10/21/25 Wed 11/5/25 64 Electrical 88 days Wed 9/17/25 Fri 1/16/26 65 Underground survey 1 day Wed 9/17/25 Wed 9/17/25 66 Directional boring, Place Conduit 10 days Thu 9/18/25 Wed 10/1/25 67 AC Electrical 21 days Thu 10/2/25 Thu 10/30/25 68 Point of Interconnection Construction 6 days Thu 10/2/25 Thu 10/9/25 69 Switchgear install and tie in 6 days Thu 10/23/25 Thu 10/30/25 70 DC Electrical 7 days Thu 11/6/25 Fri 11/14/25 71 Module Stringing 5 days Thu 11/6/25 Wed 11/12/25 72 Run Source Circuiting - modules to inverters 2 days Thu 11/13/25 Fri 11/14/25 73 Lighting 2 days Thu 11/13/25 Fri 11/14/25 74 Mount Fixtures 2 days Thu 11/13/25 Fri 11/14/25 75 Low Voltage - DAS Monitoring & Networking 2 days Mon 11/17/25 Tue 11/18/25 76 Device Mounting and Wiring 2 days Mon 11/17/25 Tue 11/18/25 77 Utility Shutdown if required 25 days Fri 10/31/25 Thu 12/4/25 78 Schedule Shutdown (Line Side)20 days Fri 10/31/25 Thu 11/27/25 79 Point of interconnection 5 days Fri 11/28/25 Thu 12/4/25 80 COMMISSIONING; TESTING & ACCEPTANCE PHASE 18 days Fri 10/31/25 Tue 11/25/25 81 DC Tested & Accepted (Open Voltage & IV Curve Testing)5 days Mon 11/17/25 Fri 11/21/25 82 AC Tested & Accepted (Continuity & Megger Testing)5 days Fri 10/31/25 Thu 11/6/25 83 DAS and Network Tested 5 days Wed 11/19/25 Tue 11/25/25 84 Submit Electrical Final to Utility/ Request Permission to Operate Inspection 1 day Fri 12/5/25 Fri 12/5/25 85 Permission to Operate Field Inspection (PG&E)30 days Mon 12/8/25 Fri 1/16/26 86 PTO Received 1 day Mon 1/19/26 Mon 1/19/26 87 PTO Received 1 day Mon 1/19/26 Mon 1/19/26 88 Sports center 214.02 KW 128 days Thu 7/24/25 Mon 1/19/26 89 CONSTRUCTION PHASE 128 days Thu 7/24/25 Mon 1/19/26 90 Mobilization 2 days Thu 7/24/25 Fri 7/25/25 91 Structural Carport 91 days Mon 7/28/25 Mon 12/1/25 92 Fabricate Steel 35 days Mon 7/28/25 Fri 9/12/25 93 Layout 2 days Mon 9/15/25 Tue 9/16/25 94 Drill and Pour Foundations 10 days Tue 10/21/25 Mon 11/3/25 95 Erect Primary Beams 10 days Tue 11/4/25 Mon 11/17/25 96 Hoist Modules into Place 10 days Tue 11/18/25 Mon 12/1/25 97 Electrical 88 days Wed 9/17/25 Fri 1/16/26 98 Underground survey 1 day Wed 9/17/25 Wed 9/17/25 99 Directional boring, Place Conduit 10 days Thu 9/18/25 Wed 10/1/25 100 AC Electrical 21 days Thu 10/2/25 Thu 10/30/25 101 Point of Interconnection Construction 6 days Thu 10/2/25 Thu 10/9/25 102 Switchgear install and tie in 6 days Thu 10/23/25 Thu 10/30/25 103 DC Electrical 7 days Tue 12/2/25 Wed 12/10/25 104 Module Stringing 5 days Tue 12/2/25 Mon 12/8/25 105 Run Source Circuiting - modules to inverters 2 days Tue 12/9/25 Wed 12/10/25 106 Lighting 2 days Tue 12/9/25 Wed 12/10/25 107 Mount Fixtures 2 days Tue 12/9/25 Wed 12/10/25 108 Low Voltage - DAS Monitoring & Networking 2 days Thu 12/11/25 Fri 12/12/25 109 Device Mounting and Wiring 2 days Thu 12/11/25 Fri 12/12/25 110 Utility Shutdown if required 25 days Fri 10/31/25 Thu 12/4/25 111 Schedule Shutdown (Line Side)20 days Fri 10/31/25 Thu 11/27/25 112 Point of interconnection 5 days Fri 11/28/25 Thu 12/4/25 113 COMMISSIONING; TESTING & ACCEPTANCE PHASE 36 days Fri 10/31/25 Fri 12/19/25 114 DC Tested & Accepted (Open Voltage & IV Curve Testing)5 days Thu 12/11/25 Wed 12/17/25 115 AC Tested & Accepted (Continuity & Megger Testing)5 days Fri 10/31/25 Thu 11/6/25 116 DAS and Network Tested 5 days Mon 12/15/25 Fri 12/19/25 117 Submit Electrical Final to Utility/ Request Permission to Operate Inspection 1 day Fri 12/5/25 Fri 12/5/25 118 Permission to Operate Field Inspection (PG&E)30 days Mon 12/8/25 Fri 1/16/26 119 PTO Received 1 day Mon 1/19/26 Mon 1/19/26 120 PTO Received 1 day Mon 1/19/26 Mon 1/19/26 121 CLOSE-OUT PHASE 25 days Tue 1/20/26 Mon 2/23/26 122 File all Close-out Documents 5 days Tue 1/20/26 Mon 1/26/26 123 Punch-list Completed 10 days Tue 1/27/26 Mon 2/9/26 124 Monitoring Site Set up on Customer Website 10 days Tue 2/10/26 Mon 2/23/26 125 Final Completion 0 days Mon 2/23/26 Mon 2/23/26 City City City SES SES SES SES Elect Struct SES,Elect,Struct Elect Struct SES,Elect,Struct SES,Elect,Struct SES,Elect,Struct SES City City SES SES SES SES SES All Struct Struct Elect Elect Elect Elect Elect Elect,City Elect,City Elect Elect Elect Elect,Utility Elect,Utility Elect Elect,Utility All Struct Struct Struct Struct Struct Elect Elect Elect Elect Elect Elect Elect Elect Elect,Utility Elect,Utility Elect Elect Elect Elect,Utility Elect,Utility Elect Elect,Utility All Struct Struct Struct Struct Struct Elect Elect Elect Elect Elect Elect Elect Elect Elect,Utility Elect,Utility Elect Elect Elect Elect,Utility Elect,Utility Elect Elect,Utility SES SES SES SES Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Qtr 1, 2025 Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2025 Qtr 1, 2026 Task Split Milestone Summary Project Summary Inactive Task Inactive Milestone Inactive Summary Manual Task Duration-only Manual Summary Rollup Manual Summary Start-only Finish-only External Tasks External Milestone Deadline Progress Manual Progress SYSERCO ENERGY SOLUTIONS Page 1 City of Cupertino Solar PV Proje Syserco Energy Solutions -Draf Fri 12/20/24 Preliminary 12/20/2024 11:29:56 AM City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Syserco Energy Solutions, Inc. 8 D. Technical Design Expertise D. Technical Design Expertise Technical Design Team Syserco Energy Solutions has experience with over 40 public sector design-build energy services projects, providing design, project development, and construction services. We have contracted over $200 million in energy upgrade projects including over $100 million in solar PV projects. Architectural Design MMPV Design Our Project Development Team has built strong working relationships with the architects and engineers at MMPV Design. Since 2019, Mariana Moncada has served as the Architect of Record (AOR) for the majority of our solar PV design projects, assisting from concept design through construction and implementation. Syserco Energy Solutions has partnered with MMPV Design on the following solar PV projects:  City of Fort Bragg  City of Norwalk  City of Willits  Cabrillo Unified School District  Emery Unified School District  Lake County Office of Education  Grass Valley School District  Firebaugh-Las Deltas Unified School District  Los Banos Unified School District  North County Joint Union School District  Spreckels Union School District  Washington Union School District  Yolo County Office of Education Mariana Moncada, Principal and Owner, MMPV Design Mariana has designed and permitted over 1,000 solar projects at schools and other institutions, as well as over 1,000 MW in utility scale projects. She holds active architecture licenses in California and will serve as the Architect of Record (AOR) and Design Professional in General Responsible Charge for this project under the jurisdiction of the Division of the State Architect (DSA). Josh Sarpotdar, PE, CEM, CMVP Project Development Manager – 11 years of Experience Josh will oversee all project development and design efforts, working closely with our in-house solar PV expert, Taylor Bohlen. Together they will deliver the City’s desired project outcome. Taylor Bohlen Energy Innovation Engineer – 8 years of Experience Taylor is our in-house solar expert. He performs all aspects of renewable energy development including solar, storage, and microgrids. Taylor will design the final solar PV arrays for this project. All designs provided by Taylor will be reviewed, approved, and stamped by a Professional Electrical Engineer, who is part of our subcontracting team. Chad Olsen, PE, CEM, ICP Project Development Engineer – 18 Chad is a licensed professional engineer with 18 years of experience in developing energy efficiency projects. He will assist in the final development and design of this project. City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Syserco Energy Solutions, Inc. 9 D. Technical Design Expertise Pablo Orozco, PE Project Director – 40 years of Experience Pablo will directly supervise all project construction and implementation efforts, ensuring the project stays on schedule, meets all project expectations, and is delivered with excellence. Pablo is also a licensed Professional Engineer. Electrical Design McMillan Electric Big ideas require both a solid technical foundation and a creative vision. McMillan’s industry-leading expertise, supplier connections, and in-house design abilities have helped hundreds of companies take the next step in their evolution. Their capabilities in electrical engineering and construction ensure a collaborative partnership from concept to completion. McMillan Electric will be responsible for Professional Electrical Engineering review, approval, and stamping of all design drawings. Structural Design Teichert Solar Teichert Solar has successfully installed over 100 MW of solar in California. With Teichert Solar, you can trust that your project will be successfully installed by a company that’s been providing civil infrastructure since 1887. Teichert’s Structural Engineers will analyze and investigate any structural elements, such as existing rooftops, to ensure each structure can safely accommodate the additional load of solar panels. They will also be involved in selecting the appropriate racking and attachment system for the solar panels, considering the feasibility of each proposed structure. Geotechnical Contractor Quantum Geotechnical, Inc. Simon Makdessi, PE – President CA DCA Lic. #2548 (Geotech), #50307 (Civil) Quantum Geotechnical, Inc. is a full-service geotechnical engineering, special inspection, materials testing, and storm water firm headquartered in San Jose with a second office located in Concord, California. Quantum provides high-quality professional geologic, geotechnical, storm water and special inspection services on various construction projects throughout the San Francisco Bay Area, and Northern California. City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Syserco Energy Solutions, Inc. 10 D. Technical Design Expertise Potential Alternate for Geotechnical Contractor Geo-Engineering Solutions, Inc. Eric J. Swenson, GE, CEG – President/CEO CA DCA Lic. #2474 (Geotech), #52841 (Civil), #1855 (Engineering Geologist), #5857 (Geologist) Geo-Engineering Solutions, Inc. is a geotechnical engineering and engineering geology consulting firm dedicated to finding cost effective and creative solutions to the earth and water challenges of its clients. They provide geotechnical engineering, engineering geology, and materials testing services to the public institutional as well as construction and development community of California. They seek to use their technical skills to the best interest of their clients and find creative solutions to meet the technical and fiscal needs of each project. Surveyor GPRS, Inc. GPRS believes that data control = damage control and is committed to the pursuit of 100% subsurface damage prevention – on every job, in every market, nationwide. That’s why every one of their 500 national “boots on the ground” team of elite Project Managers are trained in Subsurface Investigation Methodology (SIM). SIM elevates a mere technician to an expert professional with the cross-technology training and industry-leading processes that can locate, map, capture, measure, and scan your entire site or facility, above and below-ground, to provide you with the real-time actionable information you need to plan, design, manage, dig, and build better. GPRS is the only company in the U.S. that can capture your entire site or facility, above and below-ground, to provide you with accurate as-builts, private and public utility maps, 2D CAD drawings, and 3D photogrammetry and Building Information Models (BIM) that can integrate surface and subsurface existing conditions and construction progress capture to provide cloud-based, digital mapping & modeling solutions for the construction, architecture, engineering, facility management, and related industries via SiteMap® Subsurface Damage Prevention When it comes to construction and facility management, every decision you make can cost time, money, and even lives. GPRS is in pursuit of a world with 100% subsurface damage prevention. GPRS’ 99.8% accuracy rate for ground penetrating radar services (GPR), utility locating services, utility mapping services, and concrete scanning services will locate critical targets like underground utilities, post tension cables, rebar, conduits, underground storage tanks (USTs), and more to help keep your project on time, on budget, and safe. Our NASSCO-certified CCTV video pipe inspection & leak detection services find pipe defects, blockages, and leaks with pinpoint accuracy. Existing Conditions Documentation When record drawings do not match the as-built conditions, general contractors and facility managers are at risk of avoidable change orders, delays, budget overruns, and even damage or injuries. Let GPRS’ in-house team create an as-built (TruBuilt) for your project – showing actual existing conditions above or below ground… or both. GRPS’ 3D Laser Scanning, reality capture services, and 3D Photogrammetry services deliver up-to-date and accurate construction as-builts, existing condition drawings, 2D CAD drawings, 3D BIM models, 3D mesh models, digital twins, point clouds, updated floorplans (FLRPLN), Reflected Ceiling Plans (RCP) and more for construction design, prefabrication, clash detection, facility modifications, and asset management. City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Syserco Energy Solutions, Inc. 11 D. Technical Design Expertise Project Organizational Chart (Owner) (General Contractor) Pablo Orozco, PE -Project ManagerSupported by SES Project Development Team MMVP Design (Architect) McMillan Electric (Electrical) Teichert Solar (Structural) Quantum Geotechnical, Inc. or Geo-Engineering Solutions (Geotechnical) GPRS, Inc. (Land Surveyor)Material Suppliers Equipment Suppliers Safety Management City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Syserco Energy Solutions, Inc. 12 E. Construction and Procurement Expertise E. Construction and Procurement Expertise General Contractor Syserco Energy Solutions, Inc. CA Lic. #991301 Syserco Energy Solutions works with organizations to improve building infrastructure, optimize energy consumption, and reduce annual utility costs. We develop, design, and deliver solutions that improve safety and comfort while reducing your carbon footprint and saving precious funds. We have proudly completed over $200 million in projects throughout California, providing large-scale energy efficiency projects ranging from $250,000 to over $20 million. Solar Expertise Our team has delivered over $100 million in solar PV projects including the design and development of 160 solar PV systems across the state of California. Our team of project development engineers have submitted 115 Interconnection Applications (IAs) for public and private entities across the state of California, locking them into the much more lucrative NEM 2.0 reimbursement structure. These IAs total a system size of nearly 24 MW with the largest array being 1,067 kW (over 1 MW). Electrical Contractor McMillan Electric CA Lic. #268179 McMillan Electric’s team of certified electricians, engineers, designers, and project managers join forces to meet deadlines and deliver projects that exceed expectations of function, vision, and purpose. McMillan’s expertise is continuously sought out by others in our industry, for insight and advice on the latest technical standards and industry best practices – the kind their clients receive on every project. Rooftop Solar power installations for warehouses, commercial, country, low-rise, hi-rise building structures and other rooftops offer versatile configurations designed to match your energy goals to deliver reliable, affordable power and significant protection against rising energy costs. Carport Solar carports for companies and businesses including office parks, retail, commercial and industrial areas, provide an excellent way to power up your infrastructure while Structural Contractor Teichert Solar CA Lic. #1051985 Teichert Solar has successfully installed over 100 MW of solar in California. Teichert’s highly experienced team can offer turn-key solutions on time and on budget. At Teichert Solar, you can trust that your project will be successfully installed by a company that’s been providing civil infrastructure since 1887. City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Syserco Energy Solutions, Inc. 13 F. Design Approach F. Design Approach 1. Design Approach Summary The project will be designed utilizing a tiered methodology which identifies and circumnavigates any unexpected issues which may arise. The first stage of the process will be to investigate subsurface conditions and topographical features to provide design guidance for the foundation designs for the new canopy structures that will be included in the project. In parallel, architectural designs will be generated for each of the project locations to ensure that building, planning, accessibility, and other requirements are accounted for at an early stage of the design, to avoid any potential rework of the structural and locational elements of the project. With the engineering and architectural due diligence in place, structural and electrical plan sets will be generated encompassing all of the detailed design elements of the project, conforming with all electrical, structural, and other building codes necessary for a permit-ready design. The design will be reviewed with city staff at each design stage (30%, 60%, 90%, and complete construction drawings) to ensure that city input is woven into the design process to create the ideal finished product for the city. 2. Program Requirements and Performance Criteria The designs will be generated via the procedure outlined in the answer to item #1. This multistage design process allows for any update to the conceptual design documents to be evaluated from both a code perspective and an energy-generation and savings perspective. Changes to the project through the design phase will be evaluated via a production model to ensure that any alterations are still able to meet the program requirements and performance criteria needed for the portfolio. 3. Exceeding Expectations The design approach detailed in the previous sections will allow for maximal identification of opportunities to exceed the project’s performance criteria, by having many stages of input from the city and all project disciplines. Annual operating costs for PV systems are generally low, though it is advisable to budget for minor maintenance activities through the system’s life – PV systems typically need module cleanings once to twice per year to keep operations near maximum efficiency. Additionally, the inverters on the project will typically need to be replaced roughly halfway through the operational life of the arrays (30 years.) Syserco Energy Solutions can offer solar monitoring services, providing reports on array functionality at defined intervals to ensure the arrays are functioning properly, and to provide recommendations for addressing any issues that may arise. This additional service is recommended, as it will allow the city to quickly identify (without needing to allocate staff for this work) any issues that may arise and correct them in a timely manner, minimizing energy losses if issues do arise. City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Syserco Energy Solutions, Inc. 14 F. Design Approach 4. Value Engineering Several of the project locations offer opportunities to improve upon the bridging documents to maximize cost efficacy of the portfolio The Quinlan Community Center site could be made more cost effective by removing the carport on the northeastern edge of the site as well as the roof mount array and reallocating some of the removed system size to the large shade structure over the picnic area and expanding the carport to maximize structural efficiency. The reallocation of these modules to the wider canopy structure would provide significant cost savings for multiple reasons. The first is that the shade structure configuration of 6 modules wide is far more effective than a 3-module wide structure, as a considerable quantity of additional modules can be supported by each foundation in the 6-wide configuration. For these structures, foundations are a significant cost driver, so mitigating the number of foundations can pay large dividends for the project. Additionally, covering the picnic area in place of this additional parking will mitigate significant ADA improvements that would be required to facilitate the shaded parking in the depicted area, as an ADA stall (and associated path of travel) would need to be implemented under this array. Finally, adding solar to tile roofs is very expensive since it requires pulling the tile, re-roofing a section with shingle, and then building up the tile roof around the array to make it seamless. Moving the roof mount panels to the carport eliminates the need for roofing and doesn’t require any additional structural members for the carport, which optimizes efficiency. This change would maintain the same system size, but increase production, which marginally increases annual savings, while also reducing upfront costs. This configuration would also reduce the number of EV chargers required for the project by 1, which provides additional cost savings for the city. This would also provide a benefit in terms of operational / long term savings for the project. The location of the removed array is adjacent to trees of significant size, which will increase the frequency of needed module cleanings to keep the array in top condition, as the trees are likely to drop refuse onto the array itself which could negatively impact energy production. While this is certainly still possible with the adjusted design, the additional clearance from nearby trees of this array location should mitigate this concern. While the library site has been removed from the portfolio at large, we believe there is still a very financially attractive option for the library to be included in this project, which provides the city with significant value while remaining inside the noted project budget. This design would be implemented under NEM 3.0, utilizing a much smaller system size limited to the rooftop only. The energy usage of the library location is so large in comparison to this array that the system will generate value roughly in line with a NEM 2.0 array of the same size and could be easily expanded upon over time if more solar or energy storage is desired on site. We have included this option as an add alt to the proposal as we believe it would provide great value for the city, and implementing this project location at the same time as the community hall would provide savings with respect to project management, mobilization, and other factors. City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Syserco Energy Solutions, Inc. 15 G. Procurement Approach G. Procurement Approach Ensuring the Proper Materials are Procured During the design phase, numerous specifications need to be defined including the solar PV array size, dimensions, location, design, and most importantly – the project budget. Environmental considerations and local regulations are also taken into consideration. This includes staying up to code, the process of receiving the required permits, and assessing any available incentives. This process allows us to have a clear understanding of the project moving forward, avoiding procurement delays, and assuring the proper equipment is obtained. Selecting the Best Supplier Once the design process is complete and the scope and specifications are defined, our team will reach out to multiple suppliers for quotes and procurement timelines to ensure there are no delays in our procurement process. This entails issuing requests for information (RFI) and pricing quotes (RFQ) to reputable, experienced suppliers capable of providing competitive pricing, superior products, and dependable services. In the case of solar projects, some materials can have lengthy procurement timelines, which is why our team also evaluates each supplier’s capacity to deliver materials on time or informing us of potential delays upfront. Procurement Process After we have selected the most qualified suppliers, we set in place a logistics plan including proper delivery instructions for each set of materials to each project site. This process involves securing a storage site for all necessary materials and ensuring proper unloading of the equipment. Safety is always a top priority on every jobsite, so assuring all necessary safety equipment and measures are in place is also an important part of the procurement process. We will coordinate with City staff to select the most appropriate storage site(s), create communication plans to occupants and/or residents that may be impacted by the construction process, and address any public safety concerns. During the procurement of materials and equipment, we will coordinate with City staff to ensure sufficient time is allocated for any decisions that may influence or directly affect the delivery and storage of these items. Materials and Equipment Each and every delivery of materials and/or equipment is carried out through a thorough quality control inspection. This involves checking the quality and condition of these items prior to accepting any deliveries, ensuring the quantities are correct, equipment testing, and properly documenting all deliveries. Any defects, discrepancies in quality or quantity, or delivery issues will be documented and addressed immediately. Proper Installation and Functionality With all materials and equipment in place, our team will begin the installation and commissioning of the solar PV structures. This includes assembling and installing the equipment based on the system's design and layout, followed by making the required adjustments and calibrations. After construction is complete, final testing and inspection will take place at each site for each solar PV array, ensuring functionality and peak performance. Our project manager will also document and report the outcomes of the installation and commissioning process. City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Syserco Energy Solutions, Inc. 16 H. Construction Approach H. Construction Approach Pre-Construction Capabilities We will perform a project kick-off meeting with City stakeholders. Once the construction team is familiar with all City contracting and site access requirements, our staff will perform a field audit, detailing the installation of each solar array, and ensuring all equipment and parts are ordered quickly and correctly. This verification also includes a site logistics discussion with the City to make certain each step is planned and executed properly with minimal disruption to occupants. Our project manager will provide the City with a three-week lookahead schedule, updated on a weekly basis, so that your representatives are always aware of our progress. A dedicated project manager from our team will coordinate and require the project lead of each contracting party to attend weekly meetings to communicate important information and address any concerns. Subsequently, we will update the City’s staff regularly. Project Management and Implementation Project Management Our project management process is collaborative, highly integrated, and local. Our partnership-oriented approach to integrated project delivery ensures that all City stakeholders are engaged throughout the project development and execution process. We operate with the mindset that our customers are our partners, and we apply that philosophy within our project management processes. Planning and communication are critical to ensure a successful project. We will issue a Project Contact Form providing the City with mobile numbers to individuals directly involved in the project. We expect City representatives to have important and significant input on the scheduling. Project updates and information is relayed to City staff so that they may plan accordingly. For major milestones and critical tasks, our project manager or design engineers will be on site. Our clear understanding of how to manage construction execution around the ongoing activities across the City enhances our team’s success in on-time and on-budget project deliveries. Working at occupied spaces requires a diligent commitment to jobsite safety, as well as a “safety beyond the construction fence” mindset. Safety on the jobsite and the surrounding community will always remain our highest priority. Our team will implement a comprehensive Safety Program, which includes safety inspections oversight in every aspect of our work. This includes safety training and support services for all team members. We believe strongly in the reporting of risks upfront so that we may improve conditions and business practices, on the spot, avoiding any potential safety issues. A few highlights of our team’s safety practices during construction include:  Construction operations are fully fenced to separate work areas from ongoing municipal activities.  All contractor/subcontractor personnel attend an orientation meeting prior to starting work.  Project safety rules and code of conduct are reviewed and accepted prior to start of work.  Jobsite safety meetings are held weekly for training and to identify and resolve potentially hazardous conditions or safety issues associated with construction activities.  Unannounced safety audits are conducted by corporate principals and a corporate safety officer. City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Syserco Energy Solutions, Inc. 17 H. Construction Approach One of our team members will be available to supervise all jobsite activities and enforce our strict quality assurance and safety programs. Project Implementation Energy solutions projects are unique from other construction projects because the buildings remain in operation and are typically occupied while projects are in construction. Clear communication, thoroughly planned project schedules, project safety plans, and detailed work plans with risk management procedures are all integrated to ensure a seamless delivery. Our local Project Management and Construction Management teams engage with you early in the development process assembling detailed scopes of work, completing detailed design document reviews, developing detailed project budget estimates, identifying long-lead equipment, and preparing detailed construction schedules for your review, comment and early coordination purposes. Project Closeout After completing project construction and installation, the City’s facilities and operations staff will receive comprehensive training on the new equipment. This will ensure your team is fully equipped to operate the solar PV arrays according to specifications and optimize their performance, maximizing the City’s return on investment. All project-related documentation (submittals, operation manuals, warranty information, etc.) will be reviewed and turned over to City staff at the completion of the project. During this process, a formal project closeout meeting will be scheduled to review all contractually required close out items, including the Final Project Closeout Punchlist to ensure all relevant information has been completed, reviewed, and shared. At the completion of the project, our team will furnish the City with a Letter of Substantial Completion to formally notify the City that the project has been completed to an acceptable level of satisfaction of the City. City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Syserco Energy Solutions, Inc. 18 I. Life-Cycle Costs I.Life-Cycle Costs Project Option Project Life-Cycle Costs Base Option 1 $4,770,524 Base Option 1 + Library $5,828,299 Base Option 2 $4,324,738 Base Option 2 + Library $5,336,313 Base Option 1 Base Option 1 + NEM 3.0 Right-Sized Library System Year Projected Energy Savings Incentives Projected O&M Savings Total Program Savings Project Payments PV O&M and M&V Cost Total Program Costs Project Cost $4,383,633 1 Year 1 $287,728 $1,572,280 $0 $1,860,007 $4,383,633 $8,622 $4,392,255 -$2,532,247 -$2,532,247 Inflation Reduction Act (Solar)*$1,572,280 2 Year 2 $300,254 $0 $0 $300,254 $0 $8,794 $8,794 $291,460 -$2,240,787 Other Incentives $0 3 Year 3 $313,334 $0 $0 $313,334 $0 $8,970 $8,970 $304,364 -$1,936,423 *IRA Solar Incentive is an Estimate - SES is not a Financial Advisor 4 Year 4 $326,990 $0 $0 $326,990 $0 $9,149 $9,149 $317,841 -$1,618,582 Total Grants and Incentives 1,572,280$ 5 Year 5 $341,248 $0 $0 $341,248 $0 $9,332 $9,332 $331,916 -$1,286,666 PV Construction Duration (Years)0 6 Year 6 $356,134 $0 $0 $356,134 $0 $9,519 $9,519 $346,615 -$940,051 ECM Construction Duration (Years)0 7 Year 7 $371,675 $0 $0 $371,675 $0 $9,709 $9,709 $361,966 -$578,085 Annual Escalation of Electricity Cost 5.00%8 Year 8 $387,900 $0 $0 $387,900 $0 $9,904 $9,904 $377,996 -$200,089 Annual Escalation of O&M Cost/Savings 2.00%9 Year 9 $404,837 $0 $0 $404,837 $0 $10,102 $10,102 $394,735 $194,646 Change Settings on TELP Page 10 Year 10 $422,517 $0 $0 $422,517 $0 $10,304 $10,304 $412,213 $606,860 11 Year 11 $440,973 $0 $0 $440,973 $0 $10,510 $10,510 $430,463 $1,037,323 12 Year 12 $460,238 $0 $0 $460,238 $0 $10,720 $10,720 $449,518 $1,486,841 13 Year 13 $480,346 $0 $0 $480,346 $0 $10,934 $10,934 $469,412 $1,956,252 14 Year 14 $501,334 $0 $0 $501,334 $0 $11,153 $11,153 $490,181 $2,446,433 15 Year 15 $523,239 $0 $0 $523,239 $0 $48,501 $48,501 $474,738 $2,921,172 16 Year 16 $546,102 $0 $0 $546,102 $0 $11,604 $11,604 $534,498 $3,455,670 17 Year 17 $569,961 $0 $0 $569,961 $0 $11,836 $11,836 $558,126 $4,013,795 18 Year 18 $594,861 $0 $0 $594,861 $0 $12,072 $12,072 $582,789 $4,596,584 19 Year 19 $620,846 $0 $0 $620,846 $0 $12,314 $12,314 $608,532 $5,205,116 20 Year 20 $647,961 $0 $0 $647,961 $0 $12,560 $12,560 $635,401 $5,840,517 21 Year 21 $361,659 $0 $0 $361,659 $0 $12,811 $12,811 $348,848 $6,189,365 22 Year 22 $377,288 $0 $0 $377,288 $0 $13,068 $13,068 $364,221 $6,553,586 23 Year 23 $393,595 $0 $0 $393,595 $0 $13,329 $13,329 $380,266 $6,933,852 24 Year 24 $410,609 $0 $0 $410,609 $0 $13,596 $13,596 $397,013 $7,330,865 25 Year 25 $428,360 $0 $0 $428,360 $0 $13,867 $13,867 $414,492 $7,745,358 26 Year 26 $446,879 $0 $0 $446,879 $0 $14,145 $14,145 $432,734 $8,178,092 27 Year 27 $466,198 $0 $0 $466,198 $0 $14,428 $14,428 $451,770 $8,629,862 28 Year 28 $486,352 $0 $0 $486,352 $0 $14,716 $14,716 $471,635 $9,101,498 29 Year 29 $507,375 $0 $0 $507,375 $0 $15,011 $15,011 $492,364 $9,593,862 30 Year 30 $529,304 $0 $0 $529,304 $0 $15,311 $15,311 $513,993 $10,107,855 31 Year 31 $0 $0 $0 $0 $0 $0 $0 $0 $10,107,855 32 Year 32 $0 $0 $0 $0 $0 $0 $0 $0 $10,107,855 33 Year 33 $0 $0 $0 $0 $0 $0 $0 $0 $10,107,855 Totals $13,306,099 $1,572,280 $0 $14,878,378 $4,383,633 $386,891 $4,770,524 $10,107,855 Cash Position City of Cupertino Project Savings Project Costs Project SavingsPreliminary Cash Flow Analysis (Cash) $4,000,000 $2,000,000 $0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 10,000,000 12,000,000 1 6 11 16 21 26 31 Project Revenues (Cash Purchase) Cumulative Cash Flow Annual Cash Flow Year Projected Energy Savings Incentives Projected O&M Savings Total Program Savings Project Payments PV O&M and M&V Cost Total Program Costs Project Cost $5,372,187 1 Year 1 $341,745 $1,792,401 $0 $2,134,146 $5,372,187 $10,162 $5,382,349 -$3,248,203 -$3,248,203 Inflation Reduction Act (Solar)*$1,792,401 2 Year 2 $356,689 $0 $0 $356,689 $0 $10,365 $10,365 $346,324 -$2,901,879 Other Incentives $0 3 Year 3 $372,292 $0 $0 $372,292 $0 $10,572 $10,572 $361,720 -$2,540,159 *IRA Solar Incentive is an Estimate - SES is not a Financial Advisor 4 Year 4 $388,584 $0 $0 $388,584 $0 $10,784 $10,784 $377,800 -$2,162,358 Total Grants and Incentives 1,792,401$ 5 Year 5 $405,593 $0 $0 $405,593 $0 $10,999 $10,999 $394,594 -$1,767,764 PV Construction Duration (Years)0 6 Year 6 $423,352 $0 $0 $423,352 $0 $11,219 $11,219 $412,133 -$1,355,632 ECM Construction Duration (Years)0 7 Year 7 $441,892 $0 $0 $441,892 $0 $11,444 $11,444 $430,448 -$925,183 Annual Escalation of Electricity Cost 5.00%8 Year 8 $461,247 $0 $0 $461,247 $0 $11,672 $11,672 $449,574 -$475,609 Annual Escalation of O&M Cost/Savings 2.00%9 Year 9 $481,452 $0 $0 $481,452 $0 $11,906 $11,906 $469,546 -$6,063 Change Settings on TELP Page 10 Year 10 $502,544 $0 $0 $502,544 $0 $12,144 $12,144 $490,400 $484,338 11 Year 11 $524,562 $0 $0 $524,562 $0 $12,387 $12,387 $512,175 $996,512 12 Year 12 $547,544 $0 $0 $547,544 $0 $12,635 $12,635 $534,909 $1,531,422 13 Year 13 $571,532 $0 $0 $571,532 $0 $12,887 $12,887 $558,645 $2,090,067 14 Year 14 $596,571 $0 $0 $596,571 $0 $13,145 $13,145 $583,425 $2,673,492 15 Year 15 $622,703 $0 $0 $622,703 $0 $57,283 $57,283 $565,420 $3,238,912 16 Year 16 $649,977 $0 $0 $649,977 $0 $13,676 $13,676 $636,301 $3,875,213 17 Year 17 $678,441 $0 $0 $678,441 $0 $13,950 $13,950 $664,491 $4,539,704 18 Year 18 $708,146 $0 $0 $708,146 $0 $14,229 $14,229 $693,917 $5,233,621 19 Year 19 $739,145 $0 $0 $739,145 $0 $14,513 $14,513 $724,631 $5,958,252 20 Year 20 $771,492 $0 $0 $771,492 $0 $14,804 $14,804 $756,689 $6,714,941 21 Year 21 $490,650 $0 $0 $490,650 $0 $15,100 $15,100 $475,551 $7,190,492 22 Year 22 $511,976 $0 $0 $511,976 $0 $15,402 $15,402 $496,575 $7,687,067 23 Year 23 $534,228 $0 $0 $534,228 $0 $15,710 $15,710 $518,518 $8,205,585 24 Year 24 $557,444 $0 $0 $557,444 $0 $16,024 $16,024 $541,420 $8,747,005 25 Year 25 $581,665 $0 $0 $581,665 $0 $16,344 $16,344 $565,321 $9,312,325 26 Year 26 $606,935 $0 $0 $606,935 $0 $16,671 $16,671 $590,263 $9,902,589 27 Year 27 $633,296 $0 $0 $633,296 $0 $17,005 $17,005 $616,292 $10,518,880 28 Year 28 $660,797 $0 $0 $660,797 $0 $17,345 $17,345 $643,452 $11,162,332 29 Year 29 $689,483 $0 $0 $689,483 $0 $17,692 $17,692 $671,791 $11,834,124 30 Year 30 $719,406 $0 $0 $719,406 $0 $18,045 $18,045 $701,360 $12,535,484 31 Year 31 $0 $0 $0 $0 $0 $0 $0 $0 $12,535,484 32 Year 32 $0 $0 $0 $0 $0 $0 $0 $0 $12,535,484 33 Year 33 $0 $0 $0 $0 $0 $0 $0 $0 $12,535,484Totals $16,571,381 $1,792,401 $0 $18,363,782 $5,372,187 $456,112 $5,828,299 $12,535,484 Cash Position City of Cupertino Project Savings Project Costs Project SavingsPreliminary Cash Flow Analysis (Cash) $6,000,000 $4,000,000 $2,000,000 $0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 10,000,000 12,000,000 14,000,000 1 6 11 16 21 26 31 Project Revenues (Cash Purchase) Cumulative Cash Flow Annual Cash Flow City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Syserco Energy Solutions, Inc. 19 I. Life-Cycle Costs Base Option 2 Base Option 2 + NEM 3.0 Right-Sized Library System Please see section B – Price Proposal for more information on each option presented above. Year Projected Energy Savings Incentives Projected O&M Savings Total Program Savings Project Payments PV O&M and M&V Cost Total Program Costs Project Cost $3,939,881 1 Year 1 $290,875 $1,415,542 $0 $1,706,417 $3,939,881 $8,596 $3,948,477 -$2,242,059 -$2,242,059 Inflation Reduction Act (Solar)*$1,415,542 2 Year 2 $303,542 $0 $0 $303,542 $0 $8,768 $8,768 $294,775 -$1,947,285 Other Incentives $0 3 Year 3 $316,769 $0 $0 $316,769 $0 $8,943 $8,943 $307,826 -$1,639,458 *IRA Solar Incentive is an Estimate - SES is not a Financial Advisor 4 Year 4 $330,579 $0 $0 $330,579 $0 $9,122 $9,122 $321,457 -$1,318,001 Total Grants and Incentives 1,415,542$ 5 Year 5 $344,997 $0 $0 $344,997 $0 $9,304 $9,304 $335,693 -$982,308 PV Construction Duration (Years)0 6 Year 6 $360,051 $0 $0 $360,051 $0 $9,490 $9,490 $350,560 -$631,748 ECM Construction Duration (Years)0 7 Year 7 $375,766 $0 $0 $375,766 $0 $9,680 $9,680 $366,086 -$265,662 Annual Escalation of Electricity Cost 5.00%8 Year 8 $392,173 $0 $0 $392,173 $0 $9,874 $9,874 $382,299 $116,638 Annual Escalation of O&M Cost/Savings 2.00%9 Year 9 $409,300 $0 $0 $409,300 $0 $10,071 $10,071 $399,229 $515,867 Change Settings on TELP Page 10 Year 10 $427,180 $0 $0 $427,180 $0 $10,273 $10,273 $416,907 $932,774 11 Year 11 $445,843 $0 $0 $445,843 $0 $10,478 $10,478 $435,365 $1,368,139 12 Year 12 $465,324 $0 $0 $465,324 $0 $10,688 $10,688 $454,637 $1,822,776 13 Year 13 $485,659 $0 $0 $485,659 $0 $10,901 $10,901 $474,757 $2,297,533 14 Year 14 $506,883 $0 $0 $506,883 $0 $11,119 $11,119 $495,763 $2,793,297 15 Year 15 $529,034 $0 $0 $529,034 $0 $47,492 $47,492 $481,543 $3,274,839 16 Year 16 $552,153 $0 $0 $552,153 $0 $11,569 $11,569 $540,585 $3,815,424 17 Year 17 $576,281 $0 $0 $576,281 $0 $11,800 $11,800 $564,482 $4,379,906 18 Year 18 $601,461 $0 $0 $601,461 $0 $12,036 $12,036 $589,426 $4,969,331 19 Year 19 $627,738 $0 $0 $627,738 $0 $12,277 $12,277 $615,462 $5,584,793 20 Year 20 $655,158 $0 $0 $655,158 $0 $12,522 $12,522 $642,636 $6,227,429 21 Year 21 $362,882 $0 $0 $362,882 $0 $12,773 $12,773 $350,110 $6,577,539 22 Year 22 $378,565 $0 $0 $378,565 $0 $13,028 $13,028 $365,537 $6,943,076 23 Year 23 $394,928 $0 $0 $394,928 $0 $13,289 $13,289 $381,640 $7,324,716 24 Year 24 $412,001 $0 $0 $412,001 $0 $13,554 $13,554 $398,447 $7,723,163 25 Year 25 $429,813 $0 $0 $429,813 $0 $13,825 $13,825 $415,988 $8,139,150 26 Year 26 $448,396 $0 $0 $448,396 $0 $14,102 $14,102 $434,294 $8,573,445 27 Year 27 $467,782 $0 $0 $467,782 $0 $14,384 $14,384 $453,398 $9,026,843 28 Year 28 $488,006 $0 $0 $488,006 $0 $14,672 $14,672 $473,334 $9,500,177 29 Year 29 $509,101 $0 $0 $509,101 $0 $14,965 $14,965 $494,136 $9,994,313 30 Year 30 $531,106 $0 $0 $531,106 $0 $15,264 $15,264 $515,842 $10,510,155 31 Year 31 $0 $0 $0 $0 $0 $0 $0 $0 $10,510,155 32 Year 32 $0 $0 $0 $0 $0 $0 $0 $0 $10,510,155 33 Year 33 $0 $0 $0 $0 $0 $0 $0 $0 $10,510,155 Totals $13,419,350 $1,415,542 $0 $14,834,893 $3,939,881 $384,857 $4,324,738 $10,510,155 Cash Position City of Cupertino Project Savings Project Costs Project SavingsPreliminary Cash Flow Analysis (Cash) $4,000,000 $2,000,000 $0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 10,000,000 12,000,000 1 6 11 16 21 26 31 Project Revenues (Cash Purchase) Cumulative Cash Flow Annual Cash Flow Year Projected Energy Savings Incentives Projected O&M Savings Total Program Savings Project Payments PV O&M and M&V Cost Total Program Costs Project Cost $4,882,235 1 Year 1 $344,892 $1,791,997 $0 $2,136,889 $4,882,235 $10,136 $4,892,371 -$2,755,481 -$2,755,481 Inflation Reduction Act (Solar)*$1,791,997 2 Year 2 $359,977 $0 $0 $359,977 $0 $10,338 $10,338 $349,638 -$2,405,843 Other Incentives $0 3 Year 3 $375,727 $0 $0 $375,727 $0 $10,545 $10,545 $365,182 -$2,040,661 *IRA Solar Incentive is an Estimate - SES is not a Financial Advisor 4 Year 4 $392,172 $0 $0 $392,172 $0 $10,756 $10,756 $381,416 -$1,659,244 Total Grants and Incentives 1,791,997$ 5 Year 5 $409,342 $0 $0 $409,342 $0 $10,971 $10,971 $398,371 -$1,260,873 PV Construction Duration (Years)0 6 Year 6 $427,268 $0 $0 $427,268 $0 $11,190 $11,190 $416,078 -$844,795 ECM Construction Duration (Years)0 7 Year 7 $445,983 $0 $0 $445,983 $0 $11,414 $11,414 $434,568 -$410,227 Annual Escalation of Electricity Cost 5.00%8 Year 8 $465,520 $0 $0 $465,520 $0 $11,643 $11,643 $453,878 $43,651 Annual Escalation of O&M Cost/Savings 2.00%9 Year 9 $485,916 $0 $0 $485,916 $0 $11,875 $11,875 $474,041 $517,691 Change Settings on TELP Page 10 Year 10 $507,207 $0 $0 $507,207 $0 $12,113 $12,113 $495,094 $1,012,785 11 Year 11 $529,432 $0 $0 $529,432 $0 $12,355 $12,355 $517,077 $1,529,862 12 Year 12 $552,631 $0 $0 $552,631 $0 $12,602 $12,602 $540,028 $2,069,890 13 Year 13 $576,845 $0 $0 $576,845 $0 $12,854 $12,854 $563,991 $2,633,881 14 Year 14 $602,119 $0 $0 $602,119 $0 $13,111 $13,111 $589,008 $3,222,889 15 Year 15 $628,498 $0 $0 $628,498 $0 $56,274 $56,274 $572,224 $3,795,113 16 Year 16 $656,029 $0 $0 $656,029 $0 $13,641 $13,641 $642,388 $4,437,501 17 Year 17 $684,761 $0 $0 $684,761 $0 $13,914 $13,914 $670,847 $5,108,348 18 Year 18 $714,746 $0 $0 $714,746 $0 $14,192 $14,192 $700,554 $5,808,902 19 Year 19 $746,037 $0 $0 $746,037 $0 $14,476 $14,476 $731,561 $6,540,462 20 Year 20 $778,689 $0 $0 $778,689 $0 $14,766 $14,766 $763,924 $7,304,386 21 Year 21 $491,873 $0 $0 $491,873 $0 $15,061 $15,061 $476,813 $7,781,199 22 Year 22 $513,253 $0 $0 $513,253 $0 $15,362 $15,362 $497,891 $8,279,090 23 Year 23 $535,561 $0 $0 $535,561 $0 $15,669 $15,669 $519,892 $8,798,982 24 Year 24 $558,836 $0 $0 $558,836 $0 $15,983 $15,983 $542,853 $9,341,835 25 Year 25 $583,119 $0 $0 $583,119 $0 $16,302 $16,302 $566,816 $9,908,651 26 Year 26 $608,452 $0 $0 $608,452 $0 $16,628 $16,628 $591,824 $10,500,475 27 Year 27 $634,881 $0 $0 $634,881 $0 $16,961 $16,961 $617,920 $11,118,394 28 Year 28 $662,450 $0 $0 $662,450 $0 $17,300 $17,300 $645,150 $11,763,545 29 Year 29 $691,210 $0 $0 $691,210 $0 $17,646 $17,646 $673,563 $12,437,108 30 Year 30 $721,208 $0 $0 $721,208 $0 $17,999 $17,999 $703,209 $13,140,317 31 Year 31 $0 $0 $0 $0 $0 $0 $0 $0 $13,140,317 32 Year 32 $0 $0 $0 $0 $0 $0 $0 $0 $13,140,317 33 Year 33 $0 $0 $0 $0 $0 $0 $0 $0 $13,140,317 Totals $16,684,633 $1,791,997 $0 $18,476,630 $4,882,235 $454,078 $5,336,313 $13,140,317 Cash Position City of Cupertino Project Savings Project Costs Project SavingsPreliminary Cash Flow Analysis (Cash) $4,000,000 $2,000,000 $0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 10,000,000 12,000,000 14,000,000 1 6 11 16 21 26 31 Project Revenues (Cash Purchase) Cumulative Cash Flow Annual Cash Flow City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 1 CUPERTINO PHOTOVOLTAIC SYSTEMS DESIGN AND INSTALLATION PROJECT APPENDIX H DBE Questionnaire Part A: General Information DBE Business Name: Syserco Energy Solutions, Inc. _ (“DBE”) Check One: X Corporation (State of incorporation: California) ___ Partnership ___ Sole Proprietorship ___ Joint Venture of: _________________________________ ___ Other: __________________________________________ Main Office Address and Phone 215 Fourier Avenue, Suite 140, Fremont, CA 94539 510.498.1410 Local Office Address and Phone 215 Fourier Avenue, Suite 140, Fremont, CA 94539 510.498.1410 Website Address www.syserco-es.com Contact Name and Title Gabe Johnson, Account Executive Contact Phone and Email 707.227.6377 (mobile), g.johnson@syserco-es.com Bidder’s California Contractor’s License Number(s) CSLB License #991301 (C-10, B) Issue Date: 03/19/2014 Expire Date: 03/31/2026 Bidder’s DIR Registration Number PW-LR-1000545743 Effective date: 7.09.2021 Expiration date: 06.30.2024 Part B: DBE Experience 1 How many years has each of the entities of the DBE been in business under the present business name? (in years) 11 years 2 Has the GC entity completed projects similar in type and size to this Project as a general contractor? (yes or no) Yes City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 2 3 Has the DBE completed projects similar in type and size to this Project as this DBE? (yes or no) Yes 4 Has DBE or any of its team ever been disqualified from a bid on grounds that it is not responsible, or otherwise disqualified or debarred from bidding under state or federal law? (yes or no) No If yes, provide additional information on a separate sheet regarding the disqualification or debarment, including the name and address of the agency or owner of the project, the type and size of the project, the reasons that DBE was disqualified or debarred, and the month and year in which the disqualification or debarment occurred. N/A 4 Has DBE or any of its team ever been terminated for cause, alleged default, or legal violation from a construction project, either as a general contractor or as a subcontractor? (yes or no) No If yes, provide additional information on a separate sheet regarding the termination, including the name and address of the agency or owner of the subject project, the type and size of the project, whether Bidder was under contract as a general contractor or a subcontractor, the reasons that DBE was terminated, and the month and year in which the termination occurred. N/A 5 Provide information about Bidder’s past projects performed as general contractor as follows: a. Three most recently completed public works projects within the last three years b. Three largest completed projects within the last three years c. Any project which is similar to this Project including scope and character of the work. Please see the following pages for answers to these questions. City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 3 a. Three most recently completed public works projects within the last three years: • North County Joint Union School District, Hollister, CA – 2023, $1.4 million NEM 2.0 solar PV project including 190.4 kW-DC carport structure. (completed 10.30.24). • Emery Unified School District, Emeryville, CA – 2022, $5.5 million energy solutions project including CalSHAPE Ventilation assessment, installation of CO2 sensors, refrigeration controls, HVAC upgrades, LED lighting retrofit, building envelope improvements, a battery energy storage system (BESS), and a rooftop solar PV array totaling 731.7 kW-DC. (Completed 11.30.24) • Grass Valley School District, Grass Valley, CA – 2022, $3.6 million energy generation project including installation of two generators and four solar PV systems totaling 418.5 kW-DC. (Completed 12.15.24) b. Three largest completed projects within the last three years: • Berkeley Unified School District, Berkeley, CA – $6.7 million energy solutions project including LED lighting retrofit, building automation system (BAS) upgrades, transformer upgrades, refrigeration controls, hydronic system thermal efficiencies, building envelope improvements, HVAC upgrades and replacements. (Completed 09.30.24) • Emery Unified School District, Emeryville, CA – 2022, $5.5 million energy solutions project including CalSHAPE Ventilation assessment, installation of CO2 sensors, refrigeration controls, HVAC upgrades, LED lighting retrofit, building envelope improvements, a battery energy storage system (BESS), and a rooftop solar PV array totaling 731.7 kW-DC. (Completed 11.30.24) • City of La Puente, CA – 2021, $3.5 million energy solutions project including LED lighting, EV charger installation, HVAC improvements, building envelope upgrades, rooftop and carport solar PV arrays totaling 385.65 kW-DC. (completed 04.01.23) c. Any project which is similar to this Project including scope and character of the work: The following projects all include solar PV, many of which are NEM 2.0 projects. Local Government Solar PV Projects • City of Norwalk, CA – 2024, $21 million energy solutions and NEM 2.0 project including building automation system (BAS) upgrades, HVAC upgrades and replacements, LED sports lighting and controls, building envelope improvements, transformer replacement, five carports and 2 rooftop solar PV arrays totaling over 2.0 MW (2,012 kW-DC). • City of Morgan Hill, CA – 2024, $7.5 million NEM 2.0 project including six carport solar PV arrays and one solar PV shade structure totaling nearly 1 MW (967.10 kW-DC). • City of Fort Bragg, CA – 2024, $7.5 million NEM 2.0 and roof replacement project including two carports, three rooftops, and one floating solar PV array totaling nearly 1 MW (934.0 kW-DC). • City of Gilroy, CA – 2023, $6 million NEM 2.0 project including 2 carports and 2 rooftop solar PV arrays totaling over 1.1 MW (1,132.7 kW-DC). • City of Willits, CA – 2024, $4.7 million NEM 2.0 solar PV project including two solar arrays totaling 674.0 kW-DC. City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 4 • City of Dos Palos, CA – 2023, $5.2 million energy solutions and NEM 2.0 project including LED lighting, building envelope upgrades, 691.2 kW-DC solar PV arrays, EV charger installation, transformer replacement, power quality correction, and parking lot resurfacing • City of La Puente, CA – 2021, $3.5 million energy solutions project including LED lighting, EV charger installation, HVAC improvements, building envelope upgrades, rooftop and carport solar PV arrays totaling 385.65 kW-DC. • City of Mountain View, CA – 2024, $2.3 million energy solutions and NEM 2.0 project including boiler improvements, chiller improvements, building automation system (BAS) upgrades, HVAC replacement and upgrades, internal/external LED lighting retrofits, chilled/hot water controls, variable frequency drive (VFD) repairs, solar PV rooftop and carport structures totaling 254.1 kW-DC. • City of Daly City Fire Station 93, CA – 2024, $576,400 energy solutions project including HVAC upgrades, LED lighting retrofit, building envelope improvements, and a 25.6 kW-DC rooftop solar PV array. Public School District Solar PV Projects • Santa Rosa City Schools, Santa Rosa, CA – 2022, $21 million solar PV project installing 19 carport structure solar PV arrays and one rooftop array totaling 4.5 MW (4,500.0 kW-DC) across 20 sites. • Firebaugh-Las Deltas Unified School District, Firebaugh, CA – 2024, $7.5 million energy solutions project including HVAC upgrades and replacements, refrigeration controls, LED lighting retrofit and controls upgrade, transformer replacement, plug load controls, and two carport solar PV arrays totaling 122.7 kW-DC. • Berkeley Unified School District, Berkeley, CA – $6.7 million energy solutions project including LED lighting retrofit, building automation system (BAS) upgrades, transformer upgrades, refrigeration controls, hydronic system thermal efficiencies, building envelope improvements, HVAC upgrades and replacements. (Completed 09.30.24) • Emery Unified School District, Emeryville, CA – 2022, $5.5 million energy solutions project including CalSHAPE Ventilation assessment, installation of CO2 sensors, refrigeration controls, HVAC upgrades, LED lighting retrofit, building envelope improvements, a battery energy storage system (BESS), and a rooftop solar PV array totaling 731.7 kW-DC. • Yolo County Office of Education, Woodland, CA – 2024, $4.7 million energy solutions project including 388.13 kW-DC solar, EV charger installation, battery energy storage system (BESS), microgrid, CalSHAPE Ventilation assessment, equipment controls, HVAC upgrades, building envelope improvements, and plug load controls. • Grass Valley School District, Grass Valley, CA – 2022, $3.6 million energy generation project including installation of two generators and four solar PV systems totaling 418.5 kW-DC. • Penn Valley Union Elementary School District, Penn Valley, CA – 2024, $3.5 million energy solutions and NEM 2.0 project including CalSHAPE Ventilation assessment, HVAC repair/replacements, LED lighting retrofit, water conservation measures, one carport and one ground mounted solar array totaling 199.53 kW-DC. City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 5 • Spreckels Union School District, Spreckels, CA – 2022, $3.2 million energy solutions project including CalSHAPE assessment and solar PV carport and ground mount arrays totaling 212.4 kW-DC. • Cabrillo Unified School District (Ph. 3), Half Moon Bay, CA – 2021, $2.7 million energy solutions project including solar PV carports and roof-mount systems totaling 786.5 kW-DC. • Washington Union School District, Salinas, CA – 2024, $2.7 million NEM 2.0 project including one carport and 2 rooftop solar PV arrays totaling 198.9 kW-DC. • Los Banos Unified School District, Los Banos, CA – 2024, $2.3 million NEM 2.0 project including a 232 kW-DC carport solar PV structure and installation of EV chargers. • North County Joint Union School District, Hollister, CA – 2023, $1.4 million solar PV project including 190.4 kW-DC carport structure. Other Municipal Solar PV Projects • Hayward Area Recreation & Park District, Hayward, CA – 2023, $14.2 million energy solutions project including 4 carport and 11 rooftop solar PV arrays totaling 625 kW-DC, building automation system (BAS) upgrades, HVAC replacements and upgrades, LED lighting retrofit, building envelope improvements, transformer upgrades, water conservation improvements, and a roof replacement. • Livermore Parks and Recreation District (Ph. 2), Livermore, CA – 2020, $1.4 million energy solutions project including 437.4 kW-DC solar PV carport. • Ambrose Recreation & Park District, Bay Point, CA – 2020, $517,550 solar project including 50.80 kW-DC rooftop solar array, HVAC upgrades, controls, internal/external LED lighting retrofits, and smart pool pump controls. City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 6 Part C: Project Experience Provide information on at least three projects that are similar in scope and character to this project. Two of the projects must be public sector projects. (Use separate sheets if required) PROJECT #1 A Project name City of Mountain View NEM 2.0 Solar PV B Project location 500 Castro St, Mountain View, CA 94041 C Project description: Design-build project, design and installation of 254.1 kW-DC in solar PV arrays. D Client/Owner (name, address, email, and phone number Damtew Ayele, Project Manager, City of Mountain View 500 Castro St, Mountain View, CA 94041 damtew.ayele@mountainview.gov 650.903.6267 E Prime contractor, if applicable (name, address, email, and phone number Syserco Energy Solutions, Inc. F Architect or engineer (name, email, and phone number Mariana Moncada, Principal and Owner, MMPV Design mariana@mmpvdesign.com 619.632.2883 G Project and/or construction manager (name, email, and phone number Pablo Orozco, Project Director p.orozco@syserco-es.com 510.513.3545 H Scope of work performed (as general contractor or as subcontractor Project design, project management and implementation. I Initial contract price $5,169,388 J Final contract price (including change orders); TBD – Project is currently in construction K Original scheduled completion date March 2026 L Actual date of completion TBD – Project is currently in construction M Time extensions granted (number of days) N/A N Number and amount of stop notices or mechanic’s liens filed N/A O Amount of any liquidated damages assessed against Bidder N/A P Nature and resolution of any project- related claim, lawsuit, mediation, or arbitration involving Bidder N/A Q Other Notes $491,400 annually utility savings City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 7 PROJECT #2 A Project name City of Morgan Hill NEM 2.0 Solar PV B Project location 17575 Peak Ave, Morgan Hill, CA 95037 C Project description: Design-build project, design and installation of 592.2 kW-DC in solar PV arrays. D Client/Owner (name, address, email, and phone number Chris Ghione, Public Services Director, City of Morgan Hill 17575 Peak Ave, Morgan Hill, CA 95037 chris.ghione@morganhill.ca.gov 408.782.9154 E Prime contractor, if applicable (name, address, email, and phone number Syserco Energy Solutions, Inc. F Architect or engineer (name, email, and phone number TBD – Will be subbed out by McMillan Electric. G Project and/or construction manager (name, email, and phone number Pablo Orozco, Project Director p.orozco@syserco-es.com 510.513.3545 H Scope of work performed (as general contractor or as subcontractor Project design, project management and implementation. I Initial contract price $5,169,388 J Final contract price (including change orders); TBD – Project is currently in construction K Original scheduled completion date December 2025 L Actual date of completion TBD – Project is currently in construction M Time extensions granted (number of days) N/A N Number and amount of stop notices or mechanic’s liens filed N/A O Amount of any liquidated damages assessed against Bidder N/A P Nature and resolution of any project- related claim, lawsuit, mediation, or arbitration involving Bidder N/A Q Other Notes Projected Lifecycle Cost Savings = $18.6M City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 8 PROJECT #3 A Project name City of Gilroy NEM 2.0 Solar PV B Project location 7351 Rosanna St, Gilroy, CA 95020 C Project description: This project involved a Power Purchase Agreement (PPA) between the City of Gilroy (City) and Jua Capital, LLC. A total of 1,132.7 kW-DC solar PV arrays were designed and built across four locations within the City limits. D Client/Owner (name, address, email, and phone number Walter Dunckel, Facilities Superintendent, City of Gilroy walter.dunckel@ci.gilroy.ca.us 408.461.0854 E Prime contractor, if applicable (name, address, email, and phone number Syserco Energy Solutions, Inc. F Architect or engineer (name, email, and phone number TBD – Will be subbed to Patterson Engineering, Inc. G Project and/or construction manager (name, email, and phone number Javier Palma, Project Manager j.palma@syserco-es.com 510.975.0226 H Scope of work performed (as general contractor or as subcontractor Project design, project management and implementation. I Initial contract price $6,061,550 J Final contract price (including change orders); TBD – Project is currently in construction K Original scheduled completion date Spring 2025 L Actual date of completion Project is on schedule, to be completed in April 2025. M Time extensions granted (number of days) N/A N Number and amount of stop notices or mechanic’s liens filed N/A O Amount of any liquidated damages assessed against Bidder N/A P Nature and resolution of any project- related claim, lawsuit, mediation, or arbitration involving Bidder N/A Q Other Notes Power Purchase Agreement in place with Jua Capital, LLC Please see the following pages for more information about these projects. City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 9 Part D: Safety 1. Provide DBE’s Experience Modification Rate (EMR) for the last three years: Year EMR 2023 0.69 (69%) – Effective 03/01/2023 2022 0.61 (61%) – Effective 03/01/2022 2021 0.59 (59%) – Effective 03/01/2021 2. 2. Complete the following, based on information provided in DBE’s CalOSHA Form 300 or Form 300A, Annual Summary of Work-Related Illnesses and Injuries, from the most recent past calendar year: 2.1 Number of lost workday cases 0 2.2 Number of medical treatment cases 0 2.3 Number of deaths 0 3. Has the DBE ever been cited, fined, or prosecuted by any local, state, or federal agency, including OSHA, CalOSHA, or EPA, for violation of any law, regulation, or requirements pertaining to health and safety? Yes or No? No If yes, provide additional information on a separate sheet regarding each such citation, fine, or prosecution, including the name and address of the agency or owner of the project, the type and size of the project, the reasons for and nature of the citation, fine, or prosecution, and the month and year in which the incident giving rise to the citation, fine, or prosecution occurred. 4. Name, title, and email for person responsible for DBE’s safety program: Felix Ukpabi Safety Manager f.ukpabi@syserco-es.com City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 10 Part E: Verification In signing this document, I, the undersigned, declare that I am duly authorized to sign and submit this DBE Questionnaire on behalf of the named DBE, and that all responses and information set forth in this DBE Questionnaire and accompanying attachments are, to the best of my knowledge, true, accurate and complete as of the date of submission. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Signature: ____________________________________________ Date: 12.23.24 By: Majd Khleif, Board Chair & President, Syserco Energy Solutions, Inc. 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Exceptions L. Exceptions Progress Meetings During the course of the Construction Phase, progress meetings will be conducted on a weekly basis by the City and at DBE’s on-site office, unless otherwise specified. Note: SES does not intend to have an on-site office for this Project. Insurance Coverages The Design-Build Contract included in the RFP contains insurance requirements in the General Conditions section. The requested insurance coverage is beyond what Syserco Energy Solutions carries, and the cost of the additional insurance is not included in our Proposal. Please see a copy of our current Certificate of Insurance on the following page. Specifically, the gaps in our current coverage and the levels of coverage requested in the City’s General Conditions include (but may not be limited to): Commercial General Liability (CGL) Syserco Energy has $1M per occ underlying + $10M per occurrence umbrella = $11M total GL per occurrence. Automobile Liability SES has $1M auto + $10M umbrella = $11M total limit for auto Professional Liability SES has a $3M E&O/Pollution limit. Builder’s Risk. SES is willing to provide an “Installation Floater”, but Builder’s Risk is unnecessary for this Project. SES currently has a $2M per jobsite Installation Floater Pollution and/or Asbestos Legal Liability. SES has $3,000,000 aggregate. 215 Fourier Ave. Suite 140 | Fremont, CA 94539 | Ph. 510.498.1410 | F. 510.498.1160 City of Cupertino PV Project Attachment A February 11, 2025 Customer Furnished/Performed Items 1. Available as-built drawings or site-specific information necessary to effectively design, engineer and construct the renewable energy solution including but not limited to past site plans, all existing utilities (including irrigation infrastructure), permits for past work, etc. 2. Provide a site access road that will accommodate heavy vehicles, deliveries, and service vehicles. City will not be responsible for the conditions for the site access road. 3. Lab of Record (LOR), Inspector of Record (IOR), and special inspections. Exclusions 1. Upgrades to existing ADA paths of travel. Any necessary upgrades to existing ADA paths of travel determined after due diligence after Contract Effective Date by the AOR will be managed through a contract change order. 2. Any facility or infrastructure upgrades not directly required by the scope of work, including but not limited to existing ADA paths of travel will be managed through a contract change order. 3. Any required upgrades to the existing roof structures determined after detailed structural engineering is performed are excluded. 4. Typical soils are assumed for carport and shade structure foundation design. Soils conditions shall be confirmed by a geotechnical evaluation under SES scope. Changes to foundation design required due to non-standard soil conditions (rocky soil, soft soil stabilization, Dewatering drilled foundations and sleeving of foundations) are excluded. 5. Engineering, installation, and maintenance of permanent stormwater facilities and features if required by the AHJ including but not limited to riprap, basins, inlet structures, and down inlet protections. Best management practice (BMP) mitigations required during construction are not excluded. 6. De-mobilizations as directed by the city after construction has started at each site. 7. Environmental engineering and/or any environmental/biological remediation. 8. Floodplain engineering and/or any alterations to site and materials to accommodate floodplains. 9. Service upgrades, electrical service equipment, or new services. 10. Changes to project design and implementation required to accommodate easements and/or rights of way not listed in the scope of work. 11. Environmental assessment, environmental impact reports, testing, and other reports not listed in the scope of work. 12. Any design or engineering related to flood plans and/or FEMA high-hazard floodplains. 13. Relocation and/or removal of any existing utilities (active or abandoned), inclusive of water, electricity, communication, data, cable TV, security systems, irrigation, etc. 14. Hazardous material surveys, testing, and/or monitoring. 15. Removal and/or disposal of any hazardous or contaminated materials. 16. Excavation, removal, and/or disposal of unsuitable materials. 215 Fourier Ave. Suite 140 | Fremont, CA 94539 | Ph. 510.498.1410 | F. 510.498.1160 Page 2 of 2 17. Corrosion-resistant materials (beyond standard galvanization). 18. Arc Fault Hazard Assessment. 19. Overcurrent Protection Coordination Studies. Additional Services Services not included in the contract which can be added are as follows: 1. Extension of electrical infrastructure on Sports Center site to areas other than the proposed carport site to support additional EV chargers / Installation of additional EV chargers in Sports Center site rear parking lot. 2. Electrical service upgrade at Sports Center site to support additional scopes of work. 3. Improvements to the existing picnic area within Memorial Park (as part of the Quinlan Community Center PV project), such as new fixtures, furniture, paving, and other facility renovations. 4. Installation of Solar PV system at Library Site 5. Installation of Energy Storage Systems (ESS) at all project locations 6. Analysis, due diligence and implementation for additional energy services at these sites and other city facilities. ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 2/28/2024 License # 0G66614 (925) 226-7350 (925) 226-7380 25682 Syserco Energy Solutions, Inc. 215 Fourier Avenue Fremont, CA 94539 25674 20044 30481 A 1,000,000 CO-4W765201 3/1/2024 3/1/2025 300,000 15,000 1,000,000 2,000,000 2,000,000 1,000,000A BA-4W762364 3/1/2024 3/1/2025 10,000,000B CUP-4W765409 3/1/2024 3/1/2025 10,000,000 10,000 C SYWC561290 3/1/2024 3/1/2025 1,000,000 Y 1,000,000 1,000,000 D Prof/Pollution ZCD-91N77150 3/1/2024 Each Claim $3M/Agg 3,000,000 Evidence of Coverage In Force To Whom It May Concern SYSEENE-01 MIZO One Risk Group, LLC DBA: One Risk Management & Insurance Services 6701 Koll Center Parkway, Suite 350 Pleasanton, CA 94566 Certificates@oneriskgroup.com Travelers Indemnity Co of CT Travelers Property Casualty Company of America Berkshire Hathaway Homestate Ins Co St. Paul Surplus Lines Insurance Company X 3/1/2025 X X X X X X X City of Cupertino Statement of Qualifications to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project CITY OF CUPERTINO Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Presented to: City of Cupertino Public Works Department 10555 Mary Avenue Cupertino, CA 95014 Presented by: Syserco Energy Solutions, Inc. December 23, 2024 The information contained in this document and all attached documents is strictly confidential and contains proprietary information. It may only be used by the named addressee(s) and is also subject to the terms of any other confidentiality or nondisclosure agreement between parties. A. Cover Lette DOCUMENT 1.2 RFP SUBMITTAL 12/27/2024 DOCUMENT 1.2 RFP SUBMITTAL 12/27/2024 SYSERCO ENERGY SOLUTIONS, INC. 215 Fourier Avenue Suite 140 Fremont, CA 94539 707.227.6377 (mobile) g.johnson@syserco-es.com Syserco Energy Solutions, Inc. 1 www.syserco-es.com A. Cover Letter December 24, 2024 Susan Michael, CIP Manager Chad Mosley, PE, Director of Public Works & City Engineer City of Cupertino, Public Works Department 10555 Mary Avenue Cupertino, CA 95014 RE: Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Dear Ms. Michael and Mr. Mosely, Syserco Energy Solutions, Inc. (SES) is pleased to present the enclosed proposal to the City of Cupertino (City) in response to your Request for Proposal (RFQ) from short-listed Design-Build Entities for the Cupertino Photovoltaic Systems Design and Installation Project. Our team has reviewed all materials, addenda, and related project documents the City has issued in relation to this RFP, ensuring our full understanding of the project scope and goals of this project. As detailed in our DBE Questionnaire, we have designed and implemented numerous solar PV projects for cities, several of which are very similar to your project in Cupertino. We have highlighted a few projects in the South Bay Area where we are performing the same services that will be provided to the City, with the common goal of completing the projects and receiving Permission to Operate (PTO) from PG&E ahead of the NEM 2.0 deadline (April 15, 2026). Specifically, we are currently under contract and in construction for the following projects:  City of Mountain View – 3 sites; 592.2 kW, carport and rooftop designs  City of Morgan Hill – 7 sites; 967.1 kW, carport and shade structure designs  City of Gilroy – 4 sites; 1,125 kW, carport and rooftop designs  City of Willits – 2 sites; 674 kW, carport and rooftop designs  City of Fort Bragg – 6 sites; 1,261,928 kW, carport, rooftop, and ground-mount designs All five projects are on schedule to achieve PTO for NEM 2.0 status ahead of the deadline. Additional details for these projects can be found in the body of this proposal. With our office headquarters in Fremont, CA and resources deployed across the South Bay at these sites, SES is well-positioned to provide an active presence across all disciplines of your project from start to finish. Project Pricing Our intention for this proposal is to provide complete pricing to ensure there are no corners being cut, and to provide the City with confidence that the solar arrays being built meet the highest standards for quality and reliability. To demonstrate our familiarity with your sites and understanding of the goals of City staff, its Sustainability Committee, Parks and Recreation Committee, City Council, and your community, we are providing pricing for all aspects as required by the RFP, as well as alternate options for consideration. The additional design options will provide City staff with a complete understanding of all potential options so that you can make decisions that align with the goals and available budget. Syserco Energy Solutions, Inc. 2 www.syserco-es.com Schedule We have included a detailed project schedule that has been constructed in accordance with realistic market conditions and availability of materials and resources. We have a high level of confidence in our ability to meet our proposed schedule with clear understanding of the importance of achieving NEM 2.0 status for all systems being installed. For the City to realize the financial gains associated with NEM 2.0 status and complete the project on time, it is imperative that the City work with an experienced contractor that has demonstrated the ability to deliver on similar projects in the region. Our schedule reflects our ability to understand the challenges of your project and mitigate any conditions that would cause delays. Our pricing and schedule both include providing full-time construction management services that will be dedicated to your project on a daily basis, and laser focused on maintaining each schedule milestone. Technical Design Expertise We have established a team that is qualified and experienced in the design and implementation of solar projects. We have worked closely with MMPV Design on past projects and can attest to their professionalism and beautiful design capabilities. We are partnering with the leading design and implementation firms in the Bay Area, who have demonstrated a proven track record and high level of familiarity with the requirements for your project. This collective team, including SES, MMPV, McMillan Electric, and Teichert Solar, provides the most robust and experienced team available. Our collaborative working relationship will ensure the best possible outcome for the City. Construction & Procurement Expertise Our selected subcontractors are licensed, reputable, and extremely reliable. Each subcontractor brings years of experience on solar projects just like this one. We anticipate excellent collaboration with all subcontractors and assure the City will meet the impending NEM 2.0 deadline without issue. Design Approach Our design approach is based on extensive conversations with City staff about their desire to conserve energy, save money, and adhere to the priorities of the community, City Council, Parks and Rec, and the Sustainability team. Our approach to designing these systems comes with sincere consideration of protecting trees, logistics of site access, reflectivity of lighting on neighboring homes and tennis courts, and a high level of aesthetic appeal to the community. Our team has walked the proposed sites, knows the project parameters well, and has considered all potential designs that best align with the overall goals of City staff and the community of Cupertino. Procurement Approach As our teams have completed multiple solar projects, and are currently in construction with many more, we fully understand the demand for solar PV materials and equipment. We have developed succinct methods of procurement for solar projects that are unparalleled. All partners and subcontractors have already been selected and are aware of the materials and labor requirements of your projects. We assure you that the procurement process will be timely and run smoothly so that the City will meet the NEM 2.0. deadline. Construction Approach Our proposed Project Manager, Pablo Orozco, is also a Professional Engineer with extensive knowledge about energy efficiency, materials, equipment, and construction engineering. Pablo will be the lead Project Manager for the City’s project and will be supplied with additional resources from our internal team and our subcontractors. Our plan is to provide dedicated project management and construction services with daily on-site supervision, ensuring a successful project. Syserco Energy Solutions, Inc. 3 www.syserco-es.com This is a critical component for the success of this project, and we fully understand how important it is that the City works with experienced and dedicated professionals. Pablo has over 40 years of engineering, procurement, and implementation of comprehensive energy conservation and solar PV projects. He spent many years working for UC Davis leading pioneering efforts for solar PV projects and has actively managed many large-scale solar projects, with multiple sites, for SES over the last seven years. Pablo is a proactive communicator who relies on oral and written forms of communication to make sure our customers are well informed during all stages of the project. This project is very important to us, and Pablo will be supported by Nagib Elzein, Operations Manager, and Doug McCoy, Vice President of Business Operations. Life-Cycle Costs The solar arrays being proposed for this project are designed with the intent of maximizing the overall life-cycle cost savings, while keeping construction costs as low as possible. In the body of this proposal, you will see cash-flow proformas for each site that highlight the financial value that each system will deliver. In order to prepare the City for ongoing operational costs, we have factored in "market-condition" costs for ongoing maintenance and cleaning of the systems. Savings are projected based on calculated historical utility data so that the city can be assured of realistic financial gains. Each system included in this proposal provides an excellent opportunity for the City to realize a significant amount of savings, while accounting for all expected ongoing costs. We are in receipt of Addendum No. 1, Addendum No. 2, and Addendum No. 3, and have considered them all in our proposal response. We certify that we agree to the terms and conditions set forth in this RFP, including the certifications set forth in subsection 7.D. Should you have any questions regarding our response, please contact Gabe Johnson at via email at g.johnson@syserco-es.com or by phone at 707.227.6377. We look forward to discussing our proposal with you and your team in person. Sincerely, Majd Khleif Derek Eggers Principal Principal Syserco Energy Solutions, Inc. Syserco Energy Solutions, Inc. City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Syserco Energy Solutions, Inc. 4 www.syserco-es.com B.Price Proposal We have analyzed multiple approaches to the City’s project and have listed multiple options, which are included below. Base Option 1 Sites Included Design Services Construction Services General Conditions Total Quinlan Community Center Cupertino Sports Center Community Hall $205,713 $4,068,987 $108,933 $4,383,633 Base Option 1 + NEM 3.0 Right-Sized Library System This NEM 3.0 system at the Library is being proposed as an option for the City to consider, should the City wish to include a library system that will be built in parallel with the other three systems, but not be required to adhere to the tight NEM 2.0 deadline requirements. The system is designed to maximize the benefits of financial gain under the NEM 3.0 metering structure. Sites Included Design Services Construction Services General Conditions Total Quinlan Community Center Cupertino Sports Center Community Hall Cupertino Library $227,810 $5,034,644 $109,733 $5,372,187 Base Option 2 This option is being provided for the City to consider a smaller system at Quinlan Community Center that reduces up-front cost, and provides an improved cost-to-savings ratio, in comparison to the larger sized system as provided in the Base Price proposal. Sites Included Design Services Construction Services General Conditions Total Quinlan Community Center Cupertino Sports Center Community Hall $197,297 $3,669,145 $73,439 $3,939,881 Base Option 2 + NEM 3.0 Right-Sized Library System This option is being provided for the City to consider the previous "Base Price-Option 2" along with the NEM 3.0 system at the library being included. Sites Included Design Services Construction Services General Conditions Total Quinlan Community Center Cupertino Sports Center Community Hall Cupertino Library $217,568 $4,591,228 $73,439 $4,882,235 City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Syserco Energy Solutions, Inc. 5 www.syserco-es.com C. Schedule The attached DRAFT Schedule is intended to provide a working document for the City and SES to collaborate toward successful delivery of the City’s project. The dates and durations are based on our best current estimates, recent marketplace data for material lead-times and the career experience of our project team. Several of the durations have the opportunity to compress through collective effort. The schedule presented is for the Base Proposal, as required by RFP. The schedule can be modified/adjusted if the City decides to include any of the options that are presented in the price proposal forms. Begin With the End in Mind In the City’s RFP, it states that the final completion date must be April 1, 2026. We have approached this project with the goal of providing our collective teams with some cushion. Therefore, the attached schedule has a final completion date of February 23, 2026. Design Phase Starting with the optimistic approach that the City selects SES, the City’s RFP uses January 23, 2025, as the date it will issue a Notice of Intent to Award. On this date, we will immediately begin to engage our subcontractors and consultants to prepare them for the receipt of their respective subcontracts. By starting this process upon receipt of the Notice of Intent to Award, we can have final, executed subcontracts immediately following receipt of the executed prime contract on February 5, 2025 (per the RFP). Following the performance of the subterranean data collection via ground penetrating radar, and geotechnical surveys, the 50% design drawings are made available within the month of April, with 90% design drawings following three weeks later on May 21, 2025. We’ve accounted for five business days for the City to review, and, once final permit set documents are complete, application for a permit to occur on June 11, 2025. City Review and Revisions We have allocated five working days for the City to review. This is an area where, with the City’s help, we may be able to compress the schedule and pull ahead by several days. City Permit Approval Process SES has not done a project with the City of Cupertino yet; therefore, we are unaware of the City’s timing on performing permit reviews. For the purpose of this schedule, we have allocated six weeks. However, there is an opportunity for the City to involve its Permitting Department in the “City Review and Revisions” stage and to preemptively prepare to have a permit review performed for this project in less than a six-week timespan. This is an area where the City can collaborate toward the goal of delivering the project well ahead of schedule. Procurement Phase The schedule shows a lead time for inverters, switchgear, racking materials, photovoltaic (PV) modules, and data acquisition systems (DAS). City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Syserco Energy Solutions, Inc. 6 www.syserco-es.com Construction Phase As the schedule shows, the first target date to start the construction phase (Construction Phase – Mobilization) is four weeks (July 24, 2024) after the anticipated delivery date of the racking materials (June 4, 2025) for the roof mounted array at Community Hall. To ensure we have enough time to meet/beat the deadline, we have built in these four-weeks of “float-time” to account for future/unforeseen inclement weather, unexpected delays due to supply chain disruption, changes to sequence, etc. The Community Hall portion of this solar project requires the least amount of parking lot access restriction, therefore starting with this site is both timely (lead time for the roof racking materials is faster than the custom fabrication needed for the Carport Structures) and fortuitous because it will allow the City’s residents to have minimized disruption during the summer season when Quinlan Center experiences heavier use. This schedule has construction starting at Quinlan Center in mid-September, after back-to-school. While we know that the schedule will be constantly in need of further refinement, we believe that this preliminary schedule allows enough time to account for unforeseen delays, while offering opportunities for the schedule to be accelerated through collaborative effort. The entire schedule has been designed to deliver the Permission to Operate (PTO) milestone well ahead of the April 1, 2026, date included in the City’s RFP. ID Task Name Duration Start Finish 1 City of Cupertino Solar PV Project 283 days Thu 1/23/25 Mon 2/23/26 2 Prime Contract Execution/Subcontractors on-boarding 15 days Thu 1/23/25 Wed 2/12/25 3 Notice of Intent to award Issued 0 days Thu 1/23/25 Thu 1/23/25 4 City of Council approval 0 days Tue 2/4/25 Tue 2/4/25 5 Prime Contract Execution/ NTP Issued 0 days Wed 2/5/25 Wed 2/5/25 6 Issue Subcontracts/LOIs/POs 15 days Thu 1/23/25 Wed 2/12/25 7 DESIGN & ENGINEERING PHASE 180 days Thu 2/13/25 Wed 10/22/25 8 GPRS 10 days Thu 2/13/25 Wed 2/26/25 9 Geotech - Site Testing 10 days Thu 2/27/25 Wed 3/12/25 10 Geotech - Report 15 days Thu 3/13/25 Wed 4/2/25 11 Electrical - 50 % Set - Design & Engineering 20 days Thu 4/3/25 Wed 4/30/25 12 Structural - 50 % Set - Design & Engineering 20 days Thu 4/3/25 Wed 4/30/25 13 City Approval - 50 % Set 5 days Thu 5/1/25 Wed 5/7/25 14 Electrical - 90 % Set - Design & Engineering 10 days Thu 5/8/25 Wed 5/21/25 15 Structural - 90 % Set - Design & Engineering 10 days Thu 5/8/25 Wed 5/21/25 16 City Approval - 90 % Set 5 days Thu 5/22/25 Wed 5/28/25 17 Finalize Permit Set 10 days Thu 5/29/25 Wed 6/11/25 18 Design Complete 0 days Wed 6/11/25 Wed 6/11/25 19 City Permit Submission 30 days Wed 6/11/25 Wed 7/23/25 20 Permit Submittal 0 days Wed 6/11/25 Wed 6/11/25 21 City Approval 6 wks Thu 6/12/25 Wed 7/23/25 22 Permit Issued 0 days Wed 7/23/25 Wed 7/23/25 23 PROCUREMENT PHASE 120 days Thu 5/8/25 Wed 10/22/25 24 Order Inverters 30 days Thu 5/8/25 Wed 6/18/25 25 Order Switchgear 6 mons Thu 5/8/25 Wed 10/22/25 26 Order Racking 20 days Thu 5/8/25 Wed 6/4/25 27 Order Modules 40 days Thu 5/8/25 Wed 7/2/25 28 Order DAS System 20 days Thu 5/8/25 Wed 6/4/25 29 Civic Center - Community Hall roof 49.3 KW 79 days Thu 7/24/25 Tue 11/11/25 30 CONSTRUCTION PHASE 79 days Thu 7/24/25 Tue 11/11/25 31 Mobilization 2 days Thu 7/24/25 Fri 7/25/25 32 Structural Racking 17 days Mon 7/28/25 Tue 8/19/25 33 Layout 2 days Mon 7/28/25 Tue 7/29/25 34 Hoist Modules into Place 15 days Wed 7/30/25 Tue 8/19/25 35 Electrical 59 days Wed 8/20/25 Mon 11/10/25 36 AC Electrical 52 days Wed 8/20/25 Thu 10/30/25 37 Point of Interconnection Construction 6 days Wed 8/20/25 Wed 8/27/25 38 Switchgear install and tie in 6 days Thu 10/23/25 Thu 10/30/25 39 DC Electrical 7 days Wed 8/20/25 Thu 8/28/25 40 Module Stringing 5 days Wed 8/20/25 Tue 8/26/25 41 Run Source Circuiting - modules to inverters 2 days Wed 8/27/25 Thu 8/28/25 42 Low Voltage - DAS Monitoring & Networking 2 days Fri 8/29/25 Mon 9/1/25 43 Device Mounting and Wiring 2 days Fri 8/29/25 Mon 9/1/25 44 Utility Shutdown if required 22 days Thu 8/28/25 Fri 9/26/25 45 Schedule Shutdown (Load Side)20 days Thu 8/28/25 Wed 9/24/25 46 Point of interconnection 2 days Thu 9/25/25 Fri 9/26/25 47 COMMISSIONING; TESTING & ACCEPTANCE PHASE 8 days Thu 8/28/25 Mon 9/8/25 48 DC Tested & Accepted (Open Voltage & IV Curve Testing)5 days Fri 8/29/25 Thu 9/4/25 49 AC Tested & Accepted (Continuity & Megger Testing)5 days Thu 8/28/25 Wed 9/3/25 50 DAS and Network Tested 5 days Tue 9/2/25 Mon 9/8/25 51 Submit Electrical Final to Utility/ Request Permission to Operate Inspection 1 day Mon 9/29/25 Mon 9/29/25 52 Permission to Operate Field Inspection (PG&E)30 days Tue 9/30/25 Mon 11/10/25 53 PTO Received 1 day Tue 11/11/25 Tue 11/11/25 54 PTO Received 1 day Tue 11/11/25 Tue 11/11/25 55 Quinlan, Community center 311.46KW Carport 128 days Thu 7/24/25 Mon 1/19/26 56 CONSTRUCTION PHASE 128 days Thu 7/24/25 Mon 1/19/26 57 Mobilization 2 days Thu 7/24/25 Fri 7/25/25 58 Structural Carport 73 days Mon 7/28/25 Wed 11/5/25 59 Fabricate Steel 35 days Mon 7/28/25 Fri 9/12/25 60 Layout 2 days Mon 9/15/25 Tue 9/16/25 61 Drill and Pour Foundations 12 days Wed 9/17/25 Thu 10/2/25 62 Erect Primary Beams 12 days Fri 10/3/25 Mon 10/20/25 63 Hoist Modules into Place 12 days Tue 10/21/25 Wed 11/5/25 64 Electrical 88 days Wed 9/17/25 Fri 1/16/26 65 Underground survey 1 day Wed 9/17/25 Wed 9/17/25 66 Directional boring, Place Conduit 10 days Thu 9/18/25 Wed 10/1/25 67 AC Electrical 21 days Thu 10/2/25 Thu 10/30/25 68 Point of Interconnection Construction 6 days Thu 10/2/25 Thu 10/9/25 69 Switchgear install and tie in 6 days Thu 10/23/25 Thu 10/30/25 70 DC Electrical 7 days Thu 11/6/25 Fri 11/14/25 71 Module Stringing 5 days Thu 11/6/25 Wed 11/12/25 72 Run Source Circuiting - modules to inverters 2 days Thu 11/13/25 Fri 11/14/25 73 Lighting 2 days Thu 11/13/25 Fri 11/14/25 74 Mount Fixtures 2 days Thu 11/13/25 Fri 11/14/25 75 Low Voltage - DAS Monitoring & Networking 2 days Mon 11/17/25 Tue 11/18/25 76 Device Mounting and Wiring 2 days Mon 11/17/25 Tue 11/18/25 77 Utility Shutdown if required 25 days Fri 10/31/25 Thu 12/4/25 78 Schedule Shutdown (Line Side)20 days Fri 10/31/25 Thu 11/27/25 79 Point of interconnection 5 days Fri 11/28/25 Thu 12/4/25 80 COMMISSIONING; TESTING & ACCEPTANCE PHASE 18 days Fri 10/31/25 Tue 11/25/25 81 DC Tested & Accepted (Open Voltage & IV Curve Testing)5 days Mon 11/17/25 Fri 11/21/25 82 AC Tested & Accepted (Continuity & Megger Testing)5 days Fri 10/31/25 Thu 11/6/25 83 DAS and Network Tested 5 days Wed 11/19/25 Tue 11/25/25 84 Submit Electrical Final to Utility/ Request Permission to Operate Inspection 1 day Fri 12/5/25 Fri 12/5/25 85 Permission to Operate Field Inspection (PG&E)30 days Mon 12/8/25 Fri 1/16/26 86 PTO Received 1 day Mon 1/19/26 Mon 1/19/26 87 PTO Received 1 day Mon 1/19/26 Mon 1/19/26 88 Sports center 214.02 KW 128 days Thu 7/24/25 Mon 1/19/26 89 CONSTRUCTION PHASE 128 days Thu 7/24/25 Mon 1/19/26 90 Mobilization 2 days Thu 7/24/25 Fri 7/25/25 91 Structural Carport 91 days Mon 7/28/25 Mon 12/1/25 92 Fabricate Steel 35 days Mon 7/28/25 Fri 9/12/25 93 Layout 2 days Mon 9/15/25 Tue 9/16/25 94 Drill and Pour Foundations 10 days Tue 10/21/25 Mon 11/3/25 95 Erect Primary Beams 10 days Tue 11/4/25 Mon 11/17/25 96 Hoist Modules into Place 10 days Tue 11/18/25 Mon 12/1/25 97 Electrical 88 days Wed 9/17/25 Fri 1/16/26 98 Underground survey 1 day Wed 9/17/25 Wed 9/17/25 99 Directional boring, Place Conduit 10 days Thu 9/18/25 Wed 10/1/25 100 AC Electrical 21 days Thu 10/2/25 Thu 10/30/25 101 Point of Interconnection Construction 6 days Thu 10/2/25 Thu 10/9/25 102 Switchgear install and tie in 6 days Thu 10/23/25 Thu 10/30/25 103 DC Electrical 7 days Tue 12/2/25 Wed 12/10/25 104 Module Stringing 5 days Tue 12/2/25 Mon 12/8/25 105 Run Source Circuiting - modules to inverters 2 days Tue 12/9/25 Wed 12/10/25 106 Lighting 2 days Tue 12/9/25 Wed 12/10/25 107 Mount Fixtures 2 days Tue 12/9/25 Wed 12/10/25 108 Low Voltage - DAS Monitoring & Networking 2 days Thu 12/11/25 Fri 12/12/25 109 Device Mounting and Wiring 2 days Thu 12/11/25 Fri 12/12/25 110 Utility Shutdown if required 25 days Fri 10/31/25 Thu 12/4/25 111 Schedule Shutdown (Line Side)20 days Fri 10/31/25 Thu 11/27/25 112 Point of interconnection 5 days Fri 11/28/25 Thu 12/4/25 113 COMMISSIONING; TESTING & ACCEPTANCE PHASE 36 days Fri 10/31/25 Fri 12/19/25 114 DC Tested & Accepted (Open Voltage & IV Curve Testing)5 days Thu 12/11/25 Wed 12/17/25 115 AC Tested & Accepted (Continuity & Megger Testing)5 days Fri 10/31/25 Thu 11/6/25 116 DAS and Network Tested 5 days Mon 12/15/25 Fri 12/19/25 117 Submit Electrical Final to Utility/ Request Permission to Operate Inspection 1 day Fri 12/5/25 Fri 12/5/25 118 Permission to Operate Field Inspection (PG&E)30 days Mon 12/8/25 Fri 1/16/26 119 PTO Received 1 day Mon 1/19/26 Mon 1/19/26 120 PTO Received 1 day Mon 1/19/26 Mon 1/19/26 121 CLOSE-OUT PHASE 25 days Tue 1/20/26 Mon 2/23/26 122 File all Close-out Documents 5 days Tue 1/20/26 Mon 1/26/26 123 Punch-list Completed 10 days Tue 1/27/26 Mon 2/9/26 124 Monitoring Site Set up on Customer Website 10 days Tue 2/10/26 Mon 2/23/26 125 Final Completion 0 days Mon 2/23/26 Mon 2/23/26 City City City SES SES SES SES Elect Struct SES,Elect,Struct Elect Struct SES,Elect,Struct SES,Elect,Struct SES,Elect,Struct SES City City SES SES SES SES SES All Struct Struct Elect Elect Elect Elect Elect Elect,City Elect,City Elect Elect Elect Elect,Utility Elect,Utility Elect Elect,Utility All Struct Struct Struct Struct Struct Elect Elect Elect Elect Elect Elect Elect Elect Elect,Utility Elect,Utility Elect Elect Elect Elect,Utility Elect,Utility Elect Elect,Utility All Struct Struct Struct Struct Struct Elect Elect Elect Elect Elect Elect Elect Elect Elect,Utility Elect,Utility Elect Elect Elect Elect,Utility Elect,Utility Elect Elect,Utility SES SES SES SES Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Qtr 1, 2025 Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2025 Qtr 1, 2026 Task Split Milestone Summary Project Summary Inactive Task Inactive Milestone Inactive Summary Manual Task Duration-only Manual Summary Rollup Manual Summary Start-only Finish-only External Tasks External Milestone Deadline Progress Manual Progress SYSERCO ENERGY SOLUTIONS Page 1 City of Cupertino Solar PV Proje Syserco Energy Solutions -Draf Fri 12/20/24 Preliminary 12/20/2024 11:29:56 AM City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Syserco Energy Solutions, Inc. 8 D. Technical Design Expertise D. Technical Design Expertise Technical Design Team Syserco Energy Solutions has experience with over 40 public sector design-build energy services projects, providing design, project development, and construction services. We have contracted over $200 million in energy upgrade projects including over $100 million in solar PV projects. Architectural Design MMPV Design Our Project Development Team has built strong working relationships with the architects and engineers at MMPV Design. Since 2019, Mariana Moncada has served as the Architect of Record (AOR) for the majority of our solar PV design projects, assisting from concept design through construction and implementation. Syserco Energy Solutions has partnered with MMPV Design on the following solar PV projects:  City of Fort Bragg  City of Norwalk  City of Willits  Cabrillo Unified School District  Emery Unified School District  Lake County Office of Education  Grass Valley School District  Firebaugh-Las Deltas Unified School District  Los Banos Unified School District  North County Joint Union School District  Spreckels Union School District  Washington Union School District  Yolo County Office of Education Mariana Moncada, Principal and Owner, MMPV Design Mariana has designed and permitted over 1,000 solar projects at schools and other institutions, as well as over 1,000 MW in utility scale projects. She holds active architecture licenses in California and will serve as the Architect of Record (AOR) and Design Professional in General Responsible Charge for this project under the jurisdiction of the Division of the State Architect (DSA). Josh Sarpotdar, PE, CEM, CMVP Project Development Manager – 11 years of Experience Josh will oversee all project development and design efforts, working closely with our in-house solar PV expert, Taylor Bohlen. Together they will deliver the City’s desired project outcome. Taylor Bohlen Energy Innovation Engineer – 8 years of Experience Taylor is our in-house solar expert. He performs all aspects of renewable energy development including solar, storage, and microgrids. Taylor will design the final solar PV arrays for this project. All designs provided by Taylor will be reviewed, approved, and stamped by a Professional Electrical Engineer, who is part of our subcontracting team. Chad Olsen, PE, CEM, ICP Project Development Engineer – 18 Chad is a licensed professional engineer with 18 years of experience in developing energy efficiency projects. He will assist in the final development and design of this project. City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Syserco Energy Solutions, Inc. 9 D. Technical Design Expertise Pablo Orozco, PE Project Director – 40 years of Experience Pablo will directly supervise all project construction and implementation efforts, ensuring the project stays on schedule, meets all project expectations, and is delivered with excellence. Pablo is also a licensed Professional Engineer. Electrical Design McMillan Electric Big ideas require both a solid technical foundation and a creative vision. McMillan’s industry-leading expertise, supplier connections, and in-house design abilities have helped hundreds of companies take the next step in their evolution. Their capabilities in electrical engineering and construction ensure a collaborative partnership from concept to completion. McMillan Electric will be responsible for Professional Electrical Engineering review, approval, and stamping of all design drawings. Structural Design Teichert Solar Teichert Solar has successfully installed over 100 MW of solar in California. With Teichert Solar, you can trust that your project will be successfully installed by a company that’s been providing civil infrastructure since 1887. Teichert’s Structural Engineers will analyze and investigate any structural elements, such as existing rooftops, to ensure each structure can safely accommodate the additional load of solar panels. They will also be involved in selecting the appropriate racking and attachment system for the solar panels, considering the feasibility of each proposed structure. Geotechnical Contractor Quantum Geotechnical, Inc. Simon Makdessi, PE – President CA DCA Lic. #2548 (Geotech), #50307 (Civil) Quantum Geotechnical, Inc. is a full-service geotechnical engineering, special inspection, materials testing, and storm water firm headquartered in San Jose with a second office located in Concord, California. Quantum provides high-quality professional geologic, geotechnical, storm water and special inspection services on various construction projects throughout the San Francisco Bay Area, and Northern California. City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Syserco Energy Solutions, Inc. 10 D. Technical Design Expertise Potential Alternate for Geotechnical Contractor Geo-Engineering Solutions, Inc. Eric J. Swenson, GE, CEG – President/CEO CA DCA Lic. #2474 (Geotech), #52841 (Civil), #1855 (Engineering Geologist), #5857 (Geologist) Geo-Engineering Solutions, Inc. is a geotechnical engineering and engineering geology consulting firm dedicated to finding cost effective and creative solutions to the earth and water challenges of its clients. They provide geotechnical engineering, engineering geology, and materials testing services to the public institutional as well as construction and development community of California. They seek to use their technical skills to the best interest of their clients and find creative solutions to meet the technical and fiscal needs of each project. Surveyor GPRS, Inc. GPRS believes that data control = damage control and is committed to the pursuit of 100% subsurface damage prevention – on every job, in every market, nationwide. That’s why every one of their 500 national “boots on the ground” team of elite Project Managers are trained in Subsurface Investigation Methodology (SIM). SIM elevates a mere technician to an expert professional with the cross-technology training and industry-leading processes that can locate, map, capture, measure, and scan your entire site or facility, above and below-ground, to provide you with the real-time actionable information you need to plan, design, manage, dig, and build better. GPRS is the only company in the U.S. that can capture your entire site or facility, above and below-ground, to provide you with accurate as-builts, private and public utility maps, 2D CAD drawings, and 3D photogrammetry and Building Information Models (BIM) that can integrate surface and subsurface existing conditions and construction progress capture to provide cloud-based, digital mapping & modeling solutions for the construction, architecture, engineering, facility management, and related industries via SiteMap® Subsurface Damage Prevention When it comes to construction and facility management, every decision you make can cost time, money, and even lives. GPRS is in pursuit of a world with 100% subsurface damage prevention. GPRS’ 99.8% accuracy rate for ground penetrating radar services (GPR), utility locating services, utility mapping services, and concrete scanning services will locate critical targets like underground utilities, post tension cables, rebar, conduits, underground storage tanks (USTs), and more to help keep your project on time, on budget, and safe. Our NASSCO-certified CCTV video pipe inspection & leak detection services find pipe defects, blockages, and leaks with pinpoint accuracy. Existing Conditions Documentation When record drawings do not match the as-built conditions, general contractors and facility managers are at risk of avoidable change orders, delays, budget overruns, and even damage or injuries. Let GPRS’ in-house team create an as-built (TruBuilt) for your project – showing actual existing conditions above or below ground… or both. GRPS’ 3D Laser Scanning, reality capture services, and 3D Photogrammetry services deliver up-to-date and accurate construction as-builts, existing condition drawings, 2D CAD drawings, 3D BIM models, 3D mesh models, digital twins, point clouds, updated floorplans (FLRPLN), Reflected Ceiling Plans (RCP) and more for construction design, prefabrication, clash detection, facility modifications, and asset management. City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Syserco Energy Solutions, Inc. 11 D. Technical Design Expertise Project Organizational Chart (Owner) (General Contractor) Pablo Orozco, PE -Project ManagerSupported by SES Project Development Team MMVP Design (Architect) McMillan Electric (Electrical) Teichert Solar (Structural) Quantum Geotechnical, Inc. or Geo-Engineering Solutions (Geotechnical) GPRS, Inc. (Land Surveyor)Material Suppliers Equipment Suppliers Safety Management City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Syserco Energy Solutions, Inc. 12 E. Construction and Procurement Expertise E. Construction and Procurement Expertise General Contractor Syserco Energy Solutions, Inc. CA Lic. #991301 Syserco Energy Solutions works with organizations to improve building infrastructure, optimize energy consumption, and reduce annual utility costs. We develop, design, and deliver solutions that improve safety and comfort while reducing your carbon footprint and saving precious funds. We have proudly completed over $200 million in projects throughout California, providing large-scale energy efficiency projects ranging from $250,000 to over $20 million. Solar Expertise Our team has delivered over $100 million in solar PV projects including the design and development of 160 solar PV systems across the state of California. Our team of project development engineers have submitted 115 Interconnection Applications (IAs) for public and private entities across the state of California, locking them into the much more lucrative NEM 2.0 reimbursement structure. These IAs total a system size of nearly 24 MW with the largest array being 1,067 kW (over 1 MW). Electrical Contractor McMillan Electric CA Lic. #268179 McMillan Electric’s team of certified electricians, engineers, designers, and project managers join forces to meet deadlines and deliver projects that exceed expectations of function, vision, and purpose. McMillan’s expertise is continuously sought out by others in our industry, for insight and advice on the latest technical standards and industry best practices – the kind their clients receive on every project. Rooftop Solar power installations for warehouses, commercial, country, low-rise, hi-rise building structures and other rooftops offer versatile configurations designed to match your energy goals to deliver reliable, affordable power and significant protection against rising energy costs. Carport Solar carports for companies and businesses including office parks, retail, commercial and industrial areas, provide an excellent way to power up your infrastructure while Structural Contractor Teichert Solar CA Lic. #1051985 Teichert Solar has successfully installed over 100 MW of solar in California. Teichert’s highly experienced team can offer turn-key solutions on time and on budget. At Teichert Solar, you can trust that your project will be successfully installed by a company that’s been providing civil infrastructure since 1887. City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Syserco Energy Solutions, Inc. 13 F. Design Approach F. Design Approach 1. Design Approach Summary The project will be designed utilizing a tiered methodology which identifies and circumnavigates any unexpected issues which may arise. The first stage of the process will be to investigate subsurface conditions and topographical features to provide design guidance for the foundation designs for the new canopy structures that will be included in the project. In parallel, architectural designs will be generated for each of the project locations to ensure that building, planning, accessibility, and other requirements are accounted for at an early stage of the design, to avoid any potential rework of the structural and locational elements of the project. With the engineering and architectural due diligence in place, structural and electrical plan sets will be generated encompassing all of the detailed design elements of the project, conforming with all electrical, structural, and other building codes necessary for a permit-ready design. The design will be reviewed with city staff at each design stage (30%, 60%, 90%, and complete construction drawings) to ensure that city input is woven into the design process to create the ideal finished product for the city. 2. Program Requirements and Performance Criteria The designs will be generated via the procedure outlined in the answer to item #1. This multistage design process allows for any update to the conceptual design documents to be evaluated from both a code perspective and an energy-generation and savings perspective. Changes to the project through the design phase will be evaluated via a production model to ensure that any alterations are still able to meet the program requirements and performance criteria needed for the portfolio. 3. Exceeding Expectations The design approach detailed in the previous sections will allow for maximal identification of opportunities to exceed the project’s performance criteria, by having many stages of input from the city and all project disciplines. Annual operating costs for PV systems are generally low, though it is advisable to budget for minor maintenance activities through the system’s life – PV systems typically need module cleanings once to twice per year to keep operations near maximum efficiency. Additionally, the inverters on the project will typically need to be replaced roughly halfway through the operational life of the arrays (30 years.) Syserco Energy Solutions can offer solar monitoring services, providing reports on array functionality at defined intervals to ensure the arrays are functioning properly, and to provide recommendations for addressing any issues that may arise. This additional service is recommended, as it will allow the city to quickly identify (without needing to allocate staff for this work) any issues that may arise and correct them in a timely manner, minimizing energy losses if issues do arise. City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Syserco Energy Solutions, Inc. 14 F. Design Approach 4. Value Engineering Several of the project locations offer opportunities to improve upon the bridging documents to maximize cost efficacy of the portfolio The Quinlan Community Center site could be made more cost effective by removing the carport on the northeastern edge of the site as well as the roof mount array and reallocating some of the removed system size to the large shade structure over the picnic area and expanding the carport to maximize structural efficiency. The reallocation of these modules to the wider canopy structure would provide significant cost savings for multiple reasons. The first is that the shade structure configuration of 6 modules wide is far more effective than a 3-module wide structure, as a considerable quantity of additional modules can be supported by each foundation in the 6-wide configuration. For these structures, foundations are a significant cost driver, so mitigating the number of foundations can pay large dividends for the project. Additionally, covering the picnic area in place of this additional parking will mitigate significant ADA improvements that would be required to facilitate the shaded parking in the depicted area, as an ADA stall (and associated path of travel) would need to be implemented under this array. Finally, adding solar to tile roofs is very expensive since it requires pulling the tile, re-roofing a section with shingle, and then building up the tile roof around the array to make it seamless. Moving the roof mount panels to the carport eliminates the need for roofing and doesn’t require any additional structural members for the carport, which optimizes efficiency. This change would maintain the same system size, but increase production, which marginally increases annual savings, while also reducing upfront costs. This configuration would also reduce the number of EV chargers required for the project by 1, which provides additional cost savings for the city. This would also provide a benefit in terms of operational / long term savings for the project. The location of the removed array is adjacent to trees of significant size, which will increase the frequency of needed module cleanings to keep the array in top condition, as the trees are likely to drop refuse onto the array itself which could negatively impact energy production. While this is certainly still possible with the adjusted design, the additional clearance from nearby trees of this array location should mitigate this concern. While the library site has been removed from the portfolio at large, we believe there is still a very financially attractive option for the library to be included in this project, which provides the city with significant value while remaining inside the noted project budget. This design would be implemented under NEM 3.0, utilizing a much smaller system size limited to the rooftop only. The energy usage of the library location is so large in comparison to this array that the system will generate value roughly in line with a NEM 2.0 array of the same size and could be easily expanded upon over time if more solar or energy storage is desired on site. We have included this option as an add alt to the proposal as we believe it would provide great value for the city, and implementing this project location at the same time as the community hall would provide savings with respect to project management, mobilization, and other factors. City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Syserco Energy Solutions, Inc. 15 G. Procurement Approach G. Procurement Approach Ensuring the Proper Materials are Procured During the design phase, numerous specifications need to be defined including the solar PV array size, dimensions, location, design, and most importantly – the project budget. Environmental considerations and local regulations are also taken into consideration. This includes staying up to code, the process of receiving the required permits, and assessing any available incentives. This process allows us to have a clear understanding of the project moving forward, avoiding procurement delays, and assuring the proper equipment is obtained. Selecting the Best Supplier Once the design process is complete and the scope and specifications are defined, our team will reach out to multiple suppliers for quotes and procurement timelines to ensure there are no delays in our procurement process. This entails issuing requests for information (RFI) and pricing quotes (RFQ) to reputable, experienced suppliers capable of providing competitive pricing, superior products, and dependable services. In the case of solar projects, some materials can have lengthy procurement timelines, which is why our team also evaluates each supplier’s capacity to deliver materials on time or informing us of potential delays upfront. Procurement Process After we have selected the most qualified suppliers, we set in place a logistics plan including proper delivery instructions for each set of materials to each project site. This process involves securing a storage site for all necessary materials and ensuring proper unloading of the equipment. Safety is always a top priority on every jobsite, so assuring all necessary safety equipment and measures are in place is also an important part of the procurement process. We will coordinate with City staff to select the most appropriate storage site(s), create communication plans to occupants and/or residents that may be impacted by the construction process, and address any public safety concerns. During the procurement of materials and equipment, we will coordinate with City staff to ensure sufficient time is allocated for any decisions that may influence or directly affect the delivery and storage of these items. Materials and Equipment Each and every delivery of materials and/or equipment is carried out through a thorough quality control inspection. This involves checking the quality and condition of these items prior to accepting any deliveries, ensuring the quantities are correct, equipment testing, and properly documenting all deliveries. Any defects, discrepancies in quality or quantity, or delivery issues will be documented and addressed immediately. Proper Installation and Functionality With all materials and equipment in place, our team will begin the installation and commissioning of the solar PV structures. This includes assembling and installing the equipment based on the system's design and layout, followed by making the required adjustments and calibrations. After construction is complete, final testing and inspection will take place at each site for each solar PV array, ensuring functionality and peak performance. Our project manager will also document and report the outcomes of the installation and commissioning process. City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Syserco Energy Solutions, Inc. 16 H. Construction Approach H. Construction Approach Pre-Construction Capabilities We will perform a project kick-off meeting with City stakeholders. Once the construction team is familiar with all City contracting and site access requirements, our staff will perform a field audit, detailing the installation of each solar array, and ensuring all equipment and parts are ordered quickly and correctly. This verification also includes a site logistics discussion with the City to make certain each step is planned and executed properly with minimal disruption to occupants. Our project manager will provide the City with a three-week lookahead schedule, updated on a weekly basis, so that your representatives are always aware of our progress. A dedicated project manager from our team will coordinate and require the project lead of each contracting party to attend weekly meetings to communicate important information and address any concerns. Subsequently, we will update the City’s staff regularly. Project Management and Implementation Project Management Our project management process is collaborative, highly integrated, and local. Our partnership-oriented approach to integrated project delivery ensures that all City stakeholders are engaged throughout the project development and execution process. We operate with the mindset that our customers are our partners, and we apply that philosophy within our project management processes. Planning and communication are critical to ensure a successful project. We will issue a Project Contact Form providing the City with mobile numbers to individuals directly involved in the project. We expect City representatives to have important and significant input on the scheduling. Project updates and information is relayed to City staff so that they may plan accordingly. For major milestones and critical tasks, our project manager or design engineers will be on site. Our clear understanding of how to manage construction execution around the ongoing activities across the City enhances our team’s success in on-time and on-budget project deliveries. Working at occupied spaces requires a diligent commitment to jobsite safety, as well as a “safety beyond the construction fence” mindset. Safety on the jobsite and the surrounding community will always remain our highest priority. Our team will implement a comprehensive Safety Program, which includes safety inspections oversight in every aspect of our work. This includes safety training and support services for all team members. We believe strongly in the reporting of risks upfront so that we may improve conditions and business practices, on the spot, avoiding any potential safety issues. A few highlights of our team’s safety practices during construction include:  Construction operations are fully fenced to separate work areas from ongoing municipal activities.  All contractor/subcontractor personnel attend an orientation meeting prior to starting work.  Project safety rules and code of conduct are reviewed and accepted prior to start of work.  Jobsite safety meetings are held weekly for training and to identify and resolve potentially hazardous conditions or safety issues associated with construction activities.  Unannounced safety audits are conducted by corporate principals and a corporate safety officer. City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Syserco Energy Solutions, Inc. 17 H. Construction Approach One of our team members will be available to supervise all jobsite activities and enforce our strict quality assurance and safety programs. Project Implementation Energy solutions projects are unique from other construction projects because the buildings remain in operation and are typically occupied while projects are in construction. Clear communication, thoroughly planned project schedules, project safety plans, and detailed work plans with risk management procedures are all integrated to ensure a seamless delivery. Our local Project Management and Construction Management teams engage with you early in the development process assembling detailed scopes of work, completing detailed design document reviews, developing detailed project budget estimates, identifying long-lead equipment, and preparing detailed construction schedules for your review, comment and early coordination purposes. Project Closeout After completing project construction and installation, the City’s facilities and operations staff will receive comprehensive training on the new equipment. This will ensure your team is fully equipped to operate the solar PV arrays according to specifications and optimize their performance, maximizing the City’s return on investment. All project-related documentation (submittals, operation manuals, warranty information, etc.) will be reviewed and turned over to City staff at the completion of the project. During this process, a formal project closeout meeting will be scheduled to review all contractually required close out items, including the Final Project Closeout Punchlist to ensure all relevant information has been completed, reviewed, and shared. At the completion of the project, our team will furnish the City with a Letter of Substantial Completion to formally notify the City that the project has been completed to an acceptable level of satisfaction of the City. City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Syserco Energy Solutions, Inc. 18 I. Life-Cycle Costs I.Life-Cycle Costs Project Option Project Life-Cycle Costs Base Option 1 $4,770,524 Base Option 1 + Library $5,828,299 Base Option 2 $4,324,738 Base Option 2 + Library $5,336,313 Base Option 1 Base Option 1 + NEM 3.0 Right-Sized Library System Year Projected Energy Savings Incentives Projected O&M Savings Total Program Savings Project Payments PV O&M and M&V Cost Total Program Costs Project Cost $4,383,633 1 Year 1 $287,728 $1,572,280 $0 $1,860,007 $4,383,633 $8,622 $4,392,255 -$2,532,247 -$2,532,247 Inflation Reduction Act (Solar)*$1,572,280 2 Year 2 $300,254 $0 $0 $300,254 $0 $8,794 $8,794 $291,460 -$2,240,787 Other Incentives $0 3 Year 3 $313,334 $0 $0 $313,334 $0 $8,970 $8,970 $304,364 -$1,936,423 *IRA Solar Incentive is an Estimate - SES is not a Financial Advisor 4 Year 4 $326,990 $0 $0 $326,990 $0 $9,149 $9,149 $317,841 -$1,618,582 Total Grants and Incentives 1,572,280$ 5 Year 5 $341,248 $0 $0 $341,248 $0 $9,332 $9,332 $331,916 -$1,286,666 PV Construction Duration (Years)0 6 Year 6 $356,134 $0 $0 $356,134 $0 $9,519 $9,519 $346,615 -$940,051 ECM Construction Duration (Years)0 7 Year 7 $371,675 $0 $0 $371,675 $0 $9,709 $9,709 $361,966 -$578,085 Annual Escalation of Electricity Cost 5.00%8 Year 8 $387,900 $0 $0 $387,900 $0 $9,904 $9,904 $377,996 -$200,089 Annual Escalation of O&M Cost/Savings 2.00%9 Year 9 $404,837 $0 $0 $404,837 $0 $10,102 $10,102 $394,735 $194,646 Change Settings on TELP Page 10 Year 10 $422,517 $0 $0 $422,517 $0 $10,304 $10,304 $412,213 $606,860 11 Year 11 $440,973 $0 $0 $440,973 $0 $10,510 $10,510 $430,463 $1,037,323 12 Year 12 $460,238 $0 $0 $460,238 $0 $10,720 $10,720 $449,518 $1,486,841 13 Year 13 $480,346 $0 $0 $480,346 $0 $10,934 $10,934 $469,412 $1,956,252 14 Year 14 $501,334 $0 $0 $501,334 $0 $11,153 $11,153 $490,181 $2,446,433 15 Year 15 $523,239 $0 $0 $523,239 $0 $48,501 $48,501 $474,738 $2,921,172 16 Year 16 $546,102 $0 $0 $546,102 $0 $11,604 $11,604 $534,498 $3,455,670 17 Year 17 $569,961 $0 $0 $569,961 $0 $11,836 $11,836 $558,126 $4,013,795 18 Year 18 $594,861 $0 $0 $594,861 $0 $12,072 $12,072 $582,789 $4,596,584 19 Year 19 $620,846 $0 $0 $620,846 $0 $12,314 $12,314 $608,532 $5,205,116 20 Year 20 $647,961 $0 $0 $647,961 $0 $12,560 $12,560 $635,401 $5,840,517 21 Year 21 $361,659 $0 $0 $361,659 $0 $12,811 $12,811 $348,848 $6,189,365 22 Year 22 $377,288 $0 $0 $377,288 $0 $13,068 $13,068 $364,221 $6,553,586 23 Year 23 $393,595 $0 $0 $393,595 $0 $13,329 $13,329 $380,266 $6,933,852 24 Year 24 $410,609 $0 $0 $410,609 $0 $13,596 $13,596 $397,013 $7,330,865 25 Year 25 $428,360 $0 $0 $428,360 $0 $13,867 $13,867 $414,492 $7,745,358 26 Year 26 $446,879 $0 $0 $446,879 $0 $14,145 $14,145 $432,734 $8,178,092 27 Year 27 $466,198 $0 $0 $466,198 $0 $14,428 $14,428 $451,770 $8,629,862 28 Year 28 $486,352 $0 $0 $486,352 $0 $14,716 $14,716 $471,635 $9,101,498 29 Year 29 $507,375 $0 $0 $507,375 $0 $15,011 $15,011 $492,364 $9,593,862 30 Year 30 $529,304 $0 $0 $529,304 $0 $15,311 $15,311 $513,993 $10,107,855 31 Year 31 $0 $0 $0 $0 $0 $0 $0 $0 $10,107,855 32 Year 32 $0 $0 $0 $0 $0 $0 $0 $0 $10,107,855 33 Year 33 $0 $0 $0 $0 $0 $0 $0 $0 $10,107,855 Totals $13,306,099 $1,572,280 $0 $14,878,378 $4,383,633 $386,891 $4,770,524 $10,107,855 Cash Position City of Cupertino Project Savings Project Costs Project SavingsPreliminary Cash Flow Analysis (Cash) $4,000,000 $2,000,000 $0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 10,000,000 12,000,000 1 6 11 16 21 26 31 Project Revenues (Cash Purchase) Cumulative Cash Flow Annual Cash Flow Year Projected Energy Savings Incentives Projected O&M Savings Total Program Savings Project Payments PV O&M and M&V Cost Total Program Costs Project Cost $5,372,187 1 Year 1 $341,745 $1,792,401 $0 $2,134,146 $5,372,187 $10,162 $5,382,349 -$3,248,203 -$3,248,203 Inflation Reduction Act (Solar)*$1,792,401 2 Year 2 $356,689 $0 $0 $356,689 $0 $10,365 $10,365 $346,324 -$2,901,879 Other Incentives $0 3 Year 3 $372,292 $0 $0 $372,292 $0 $10,572 $10,572 $361,720 -$2,540,159 *IRA Solar Incentive is an Estimate - SES is not a Financial Advisor 4 Year 4 $388,584 $0 $0 $388,584 $0 $10,784 $10,784 $377,800 -$2,162,358 Total Grants and Incentives 1,792,401$ 5 Year 5 $405,593 $0 $0 $405,593 $0 $10,999 $10,999 $394,594 -$1,767,764 PV Construction Duration (Years)0 6 Year 6 $423,352 $0 $0 $423,352 $0 $11,219 $11,219 $412,133 -$1,355,632 ECM Construction Duration (Years)0 7 Year 7 $441,892 $0 $0 $441,892 $0 $11,444 $11,444 $430,448 -$925,183 Annual Escalation of Electricity Cost 5.00%8 Year 8 $461,247 $0 $0 $461,247 $0 $11,672 $11,672 $449,574 -$475,609 Annual Escalation of O&M Cost/Savings 2.00%9 Year 9 $481,452 $0 $0 $481,452 $0 $11,906 $11,906 $469,546 -$6,063 Change Settings on TELP Page 10 Year 10 $502,544 $0 $0 $502,544 $0 $12,144 $12,144 $490,400 $484,338 11 Year 11 $524,562 $0 $0 $524,562 $0 $12,387 $12,387 $512,175 $996,512 12 Year 12 $547,544 $0 $0 $547,544 $0 $12,635 $12,635 $534,909 $1,531,422 13 Year 13 $571,532 $0 $0 $571,532 $0 $12,887 $12,887 $558,645 $2,090,067 14 Year 14 $596,571 $0 $0 $596,571 $0 $13,145 $13,145 $583,425 $2,673,492 15 Year 15 $622,703 $0 $0 $622,703 $0 $57,283 $57,283 $565,420 $3,238,912 16 Year 16 $649,977 $0 $0 $649,977 $0 $13,676 $13,676 $636,301 $3,875,213 17 Year 17 $678,441 $0 $0 $678,441 $0 $13,950 $13,950 $664,491 $4,539,704 18 Year 18 $708,146 $0 $0 $708,146 $0 $14,229 $14,229 $693,917 $5,233,621 19 Year 19 $739,145 $0 $0 $739,145 $0 $14,513 $14,513 $724,631 $5,958,252 20 Year 20 $771,492 $0 $0 $771,492 $0 $14,804 $14,804 $756,689 $6,714,941 21 Year 21 $490,650 $0 $0 $490,650 $0 $15,100 $15,100 $475,551 $7,190,492 22 Year 22 $511,976 $0 $0 $511,976 $0 $15,402 $15,402 $496,575 $7,687,067 23 Year 23 $534,228 $0 $0 $534,228 $0 $15,710 $15,710 $518,518 $8,205,585 24 Year 24 $557,444 $0 $0 $557,444 $0 $16,024 $16,024 $541,420 $8,747,005 25 Year 25 $581,665 $0 $0 $581,665 $0 $16,344 $16,344 $565,321 $9,312,325 26 Year 26 $606,935 $0 $0 $606,935 $0 $16,671 $16,671 $590,263 $9,902,589 27 Year 27 $633,296 $0 $0 $633,296 $0 $17,005 $17,005 $616,292 $10,518,880 28 Year 28 $660,797 $0 $0 $660,797 $0 $17,345 $17,345 $643,452 $11,162,332 29 Year 29 $689,483 $0 $0 $689,483 $0 $17,692 $17,692 $671,791 $11,834,124 30 Year 30 $719,406 $0 $0 $719,406 $0 $18,045 $18,045 $701,360 $12,535,484 31 Year 31 $0 $0 $0 $0 $0 $0 $0 $0 $12,535,484 32 Year 32 $0 $0 $0 $0 $0 $0 $0 $0 $12,535,484 33 Year 33 $0 $0 $0 $0 $0 $0 $0 $0 $12,535,484Totals $16,571,381 $1,792,401 $0 $18,363,782 $5,372,187 $456,112 $5,828,299 $12,535,484 Cash Position City of Cupertino Project Savings Project Costs Project SavingsPreliminary Cash Flow Analysis (Cash) $6,000,000 $4,000,000 $2,000,000 $0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 10,000,000 12,000,000 14,000,000 1 6 11 16 21 26 31 Project Revenues (Cash Purchase) Cumulative Cash Flow Annual Cash Flow City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project Syserco Energy Solutions, Inc. 19 I. Life-Cycle Costs Base Option 2 Base Option 2 + NEM 3.0 Right-Sized Library System Please see section B – Price Proposal for more information on each option presented above. Year Projected Energy Savings Incentives Projected O&M Savings Total Program Savings Project Payments PV O&M and M&V Cost Total Program Costs Project Cost $3,939,881 1 Year 1 $290,875 $1,415,542 $0 $1,706,417 $3,939,881 $8,596 $3,948,477 -$2,242,059 -$2,242,059 Inflation Reduction Act (Solar)*$1,415,542 2 Year 2 $303,542 $0 $0 $303,542 $0 $8,768 $8,768 $294,775 -$1,947,285 Other Incentives $0 3 Year 3 $316,769 $0 $0 $316,769 $0 $8,943 $8,943 $307,826 -$1,639,458 *IRA Solar Incentive is an Estimate - SES is not a Financial Advisor 4 Year 4 $330,579 $0 $0 $330,579 $0 $9,122 $9,122 $321,457 -$1,318,001 Total Grants and Incentives 1,415,542$ 5 Year 5 $344,997 $0 $0 $344,997 $0 $9,304 $9,304 $335,693 -$982,308 PV Construction Duration (Years)0 6 Year 6 $360,051 $0 $0 $360,051 $0 $9,490 $9,490 $350,560 -$631,748 ECM Construction Duration (Years)0 7 Year 7 $375,766 $0 $0 $375,766 $0 $9,680 $9,680 $366,086 -$265,662 Annual Escalation of Electricity Cost 5.00%8 Year 8 $392,173 $0 $0 $392,173 $0 $9,874 $9,874 $382,299 $116,638 Annual Escalation of O&M Cost/Savings 2.00%9 Year 9 $409,300 $0 $0 $409,300 $0 $10,071 $10,071 $399,229 $515,867 Change Settings on TELP Page 10 Year 10 $427,180 $0 $0 $427,180 $0 $10,273 $10,273 $416,907 $932,774 11 Year 11 $445,843 $0 $0 $445,843 $0 $10,478 $10,478 $435,365 $1,368,139 12 Year 12 $465,324 $0 $0 $465,324 $0 $10,688 $10,688 $454,637 $1,822,776 13 Year 13 $485,659 $0 $0 $485,659 $0 $10,901 $10,901 $474,757 $2,297,533 14 Year 14 $506,883 $0 $0 $506,883 $0 $11,119 $11,119 $495,763 $2,793,297 15 Year 15 $529,034 $0 $0 $529,034 $0 $47,492 $47,492 $481,543 $3,274,839 16 Year 16 $552,153 $0 $0 $552,153 $0 $11,569 $11,569 $540,585 $3,815,424 17 Year 17 $576,281 $0 $0 $576,281 $0 $11,800 $11,800 $564,482 $4,379,906 18 Year 18 $601,461 $0 $0 $601,461 $0 $12,036 $12,036 $589,426 $4,969,331 19 Year 19 $627,738 $0 $0 $627,738 $0 $12,277 $12,277 $615,462 $5,584,793 20 Year 20 $655,158 $0 $0 $655,158 $0 $12,522 $12,522 $642,636 $6,227,429 21 Year 21 $362,882 $0 $0 $362,882 $0 $12,773 $12,773 $350,110 $6,577,539 22 Year 22 $378,565 $0 $0 $378,565 $0 $13,028 $13,028 $365,537 $6,943,076 23 Year 23 $394,928 $0 $0 $394,928 $0 $13,289 $13,289 $381,640 $7,324,716 24 Year 24 $412,001 $0 $0 $412,001 $0 $13,554 $13,554 $398,447 $7,723,163 25 Year 25 $429,813 $0 $0 $429,813 $0 $13,825 $13,825 $415,988 $8,139,150 26 Year 26 $448,396 $0 $0 $448,396 $0 $14,102 $14,102 $434,294 $8,573,445 27 Year 27 $467,782 $0 $0 $467,782 $0 $14,384 $14,384 $453,398 $9,026,843 28 Year 28 $488,006 $0 $0 $488,006 $0 $14,672 $14,672 $473,334 $9,500,177 29 Year 29 $509,101 $0 $0 $509,101 $0 $14,965 $14,965 $494,136 $9,994,313 30 Year 30 $531,106 $0 $0 $531,106 $0 $15,264 $15,264 $515,842 $10,510,155 31 Year 31 $0 $0 $0 $0 $0 $0 $0 $0 $10,510,155 32 Year 32 $0 $0 $0 $0 $0 $0 $0 $0 $10,510,155 33 Year 33 $0 $0 $0 $0 $0 $0 $0 $0 $10,510,155 Totals $13,419,350 $1,415,542 $0 $14,834,893 $3,939,881 $384,857 $4,324,738 $10,510,155 Cash Position City of Cupertino Project Savings Project Costs Project SavingsPreliminary Cash Flow Analysis (Cash) $4,000,000 $2,000,000 $0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 10,000,000 12,000,000 1 6 11 16 21 26 31 Project Revenues (Cash Purchase) Cumulative Cash Flow Annual Cash Flow Year Projected Energy Savings Incentives Projected O&M Savings Total Program Savings Project Payments PV O&M and M&V Cost Total Program Costs Project Cost $4,882,235 1 Year 1 $344,892 $1,791,997 $0 $2,136,889 $4,882,235 $10,136 $4,892,371 -$2,755,481 -$2,755,481 Inflation Reduction Act (Solar)*$1,791,997 2 Year 2 $359,977 $0 $0 $359,977 $0 $10,338 $10,338 $349,638 -$2,405,843 Other Incentives $0 3 Year 3 $375,727 $0 $0 $375,727 $0 $10,545 $10,545 $365,182 -$2,040,661 *IRA Solar Incentive is an Estimate - SES is not a Financial Advisor 4 Year 4 $392,172 $0 $0 $392,172 $0 $10,756 $10,756 $381,416 -$1,659,244 Total Grants and Incentives 1,791,997$ 5 Year 5 $409,342 $0 $0 $409,342 $0 $10,971 $10,971 $398,371 -$1,260,873 PV Construction Duration (Years)0 6 Year 6 $427,268 $0 $0 $427,268 $0 $11,190 $11,190 $416,078 -$844,795 ECM Construction Duration (Years)0 7 Year 7 $445,983 $0 $0 $445,983 $0 $11,414 $11,414 $434,568 -$410,227 Annual Escalation of Electricity Cost 5.00%8 Year 8 $465,520 $0 $0 $465,520 $0 $11,643 $11,643 $453,878 $43,651 Annual Escalation of O&M Cost/Savings 2.00%9 Year 9 $485,916 $0 $0 $485,916 $0 $11,875 $11,875 $474,041 $517,691 Change Settings on TELP Page 10 Year 10 $507,207 $0 $0 $507,207 $0 $12,113 $12,113 $495,094 $1,012,785 11 Year 11 $529,432 $0 $0 $529,432 $0 $12,355 $12,355 $517,077 $1,529,862 12 Year 12 $552,631 $0 $0 $552,631 $0 $12,602 $12,602 $540,028 $2,069,890 13 Year 13 $576,845 $0 $0 $576,845 $0 $12,854 $12,854 $563,991 $2,633,881 14 Year 14 $602,119 $0 $0 $602,119 $0 $13,111 $13,111 $589,008 $3,222,889 15 Year 15 $628,498 $0 $0 $628,498 $0 $56,274 $56,274 $572,224 $3,795,113 16 Year 16 $656,029 $0 $0 $656,029 $0 $13,641 $13,641 $642,388 $4,437,501 17 Year 17 $684,761 $0 $0 $684,761 $0 $13,914 $13,914 $670,847 $5,108,348 18 Year 18 $714,746 $0 $0 $714,746 $0 $14,192 $14,192 $700,554 $5,808,902 19 Year 19 $746,037 $0 $0 $746,037 $0 $14,476 $14,476 $731,561 $6,540,462 20 Year 20 $778,689 $0 $0 $778,689 $0 $14,766 $14,766 $763,924 $7,304,386 21 Year 21 $491,873 $0 $0 $491,873 $0 $15,061 $15,061 $476,813 $7,781,199 22 Year 22 $513,253 $0 $0 $513,253 $0 $15,362 $15,362 $497,891 $8,279,090 23 Year 23 $535,561 $0 $0 $535,561 $0 $15,669 $15,669 $519,892 $8,798,982 24 Year 24 $558,836 $0 $0 $558,836 $0 $15,983 $15,983 $542,853 $9,341,835 25 Year 25 $583,119 $0 $0 $583,119 $0 $16,302 $16,302 $566,816 $9,908,651 26 Year 26 $608,452 $0 $0 $608,452 $0 $16,628 $16,628 $591,824 $10,500,475 27 Year 27 $634,881 $0 $0 $634,881 $0 $16,961 $16,961 $617,920 $11,118,394 28 Year 28 $662,450 $0 $0 $662,450 $0 $17,300 $17,300 $645,150 $11,763,545 29 Year 29 $691,210 $0 $0 $691,210 $0 $17,646 $17,646 $673,563 $12,437,108 30 Year 30 $721,208 $0 $0 $721,208 $0 $17,999 $17,999 $703,209 $13,140,317 31 Year 31 $0 $0 $0 $0 $0 $0 $0 $0 $13,140,317 32 Year 32 $0 $0 $0 $0 $0 $0 $0 $0 $13,140,317 33 Year 33 $0 $0 $0 $0 $0 $0 $0 $0 $13,140,317 Totals $16,684,633 $1,791,997 $0 $18,476,630 $4,882,235 $454,078 $5,336,313 $13,140,317 Cash Position City of Cupertino Project Savings Project Costs Project SavingsPreliminary Cash Flow Analysis (Cash) $4,000,000 $2,000,000 $0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 10,000,000 12,000,000 14,000,000 1 6 11 16 21 26 31 Project Revenues (Cash Purchase) Cumulative Cash Flow Annual Cash Flow City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 1 CUPERTINO PHOTOVOLTAIC SYSTEMS DESIGN AND INSTALLATION PROJECT APPENDIX H DBE Questionnaire Part A: General Information DBE Business Name: Syserco Energy Solutions, Inc. _ (“DBE”) Check One: X Corporation (State of incorporation: California) ___ Partnership ___ Sole Proprietorship ___ Joint Venture of: _________________________________ ___ Other: __________________________________________ Main Office Address and Phone 215 Fourier Avenue, Suite 140, Fremont, CA 94539 510.498.1410 Local Office Address and Phone 215 Fourier Avenue, Suite 140, Fremont, CA 94539 510.498.1410 Website Address www.syserco-es.com Contact Name and Title Gabe Johnson, Account Executive Contact Phone and Email 707.227.6377 (mobile), g.johnson@syserco-es.com Bidder’s California Contractor’s License Number(s) CSLB License #991301 (C-10, B) Issue Date: 03/19/2014 Expire Date: 03/31/2026 Bidder’s DIR Registration Number PW-LR-1000545743 Effective date: 7.09.2021 Expiration date: 06.30.2024 Part B: DBE Experience 1 How many years has each of the entities of the DBE been in business under the present business name? (in years) 11 years 2 Has the GC entity completed projects similar in type and size to this Project as a general contractor? (yes or no) Yes City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 2 3 Has the DBE completed projects similar in type and size to this Project as this DBE? (yes or no) Yes 4 Has DBE or any of its team ever been disqualified from a bid on grounds that it is not responsible, or otherwise disqualified or debarred from bidding under state or federal law? (yes or no) No If yes, provide additional information on a separate sheet regarding the disqualification or debarment, including the name and address of the agency or owner of the project, the type and size of the project, the reasons that DBE was disqualified or debarred, and the month and year in which the disqualification or debarment occurred. N/A 4 Has DBE or any of its team ever been terminated for cause, alleged default, or legal violation from a construction project, either as a general contractor or as a subcontractor? (yes or no) No If yes, provide additional information on a separate sheet regarding the termination, including the name and address of the agency or owner of the subject project, the type and size of the project, whether Bidder was under contract as a general contractor or a subcontractor, the reasons that DBE was terminated, and the month and year in which the termination occurred. N/A 5 Provide information about Bidder’s past projects performed as general contractor as follows: a. Three most recently completed public works projects within the last three years b. Three largest completed projects within the last three years c. Any project which is similar to this Project including scope and character of the work. Please see the following pages for answers to these questions. City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 3 a. Three most recently completed public works projects within the last three years: • North County Joint Union School District, Hollister, CA – 2023, $1.4 million NEM 2.0 solar PV project including 190.4 kW-DC carport structure. (completed 10.30.24). • Emery Unified School District, Emeryville, CA – 2022, $5.5 million energy solutions project including CalSHAPE Ventilation assessment, installation of CO2 sensors, refrigeration controls, HVAC upgrades, LED lighting retrofit, building envelope improvements, a battery energy storage system (BESS), and a rooftop solar PV array totaling 731.7 kW-DC. (Completed 11.30.24) • Grass Valley School District, Grass Valley, CA – 2022, $3.6 million energy generation project including installation of two generators and four solar PV systems totaling 418.5 kW-DC. (Completed 12.15.24) b. Three largest completed projects within the last three years: • Berkeley Unified School District, Berkeley, CA – $6.7 million energy solutions project including LED lighting retrofit, building automation system (BAS) upgrades, transformer upgrades, refrigeration controls, hydronic system thermal efficiencies, building envelope improvements, HVAC upgrades and replacements. (Completed 09.30.24) • Emery Unified School District, Emeryville, CA – 2022, $5.5 million energy solutions project including CalSHAPE Ventilation assessment, installation of CO2 sensors, refrigeration controls, HVAC upgrades, LED lighting retrofit, building envelope improvements, a battery energy storage system (BESS), and a rooftop solar PV array totaling 731.7 kW-DC. (Completed 11.30.24) • City of La Puente, CA – 2021, $3.5 million energy solutions project including LED lighting, EV charger installation, HVAC improvements, building envelope upgrades, rooftop and carport solar PV arrays totaling 385.65 kW-DC. (completed 04.01.23) c. Any project which is similar to this Project including scope and character of the work: The following projects all include solar PV, many of which are NEM 2.0 projects. Local Government Solar PV Projects • City of Norwalk, CA – 2024, $21 million energy solutions and NEM 2.0 project including building automation system (BAS) upgrades, HVAC upgrades and replacements, LED sports lighting and controls, building envelope improvements, transformer replacement, five carports and 2 rooftop solar PV arrays totaling over 2.0 MW (2,012 kW-DC). • City of Morgan Hill, CA – 2024, $7.5 million NEM 2.0 project including six carport solar PV arrays and one solar PV shade structure totaling nearly 1 MW (967.10 kW-DC). • City of Fort Bragg, CA – 2024, $7.5 million NEM 2.0 and roof replacement project including two carports, three rooftops, and one floating solar PV array totaling nearly 1 MW (934.0 kW-DC). • City of Gilroy, CA – 2023, $6 million NEM 2.0 project including 2 carports and 2 rooftop solar PV arrays totaling over 1.1 MW (1,132.7 kW-DC). • City of Willits, CA – 2024, $4.7 million NEM 2.0 solar PV project including two solar arrays totaling 674.0 kW-DC. City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 4 • City of Dos Palos, CA – 2023, $5.2 million energy solutions and NEM 2.0 project including LED lighting, building envelope upgrades, 691.2 kW-DC solar PV arrays, EV charger installation, transformer replacement, power quality correction, and parking lot resurfacing • City of La Puente, CA – 2021, $3.5 million energy solutions project including LED lighting, EV charger installation, HVAC improvements, building envelope upgrades, rooftop and carport solar PV arrays totaling 385.65 kW-DC. • City of Mountain View, CA – 2024, $2.3 million energy solutions and NEM 2.0 project including boiler improvements, chiller improvements, building automation system (BAS) upgrades, HVAC replacement and upgrades, internal/external LED lighting retrofits, chilled/hot water controls, variable frequency drive (VFD) repairs, solar PV rooftop and carport structures totaling 254.1 kW-DC. • City of Daly City Fire Station 93, CA – 2024, $576,400 energy solutions project including HVAC upgrades, LED lighting retrofit, building envelope improvements, and a 25.6 kW-DC rooftop solar PV array. Public School District Solar PV Projects • Santa Rosa City Schools, Santa Rosa, CA – 2022, $21 million solar PV project installing 19 carport structure solar PV arrays and one rooftop array totaling 4.5 MW (4,500.0 kW-DC) across 20 sites. • Firebaugh-Las Deltas Unified School District, Firebaugh, CA – 2024, $7.5 million energy solutions project including HVAC upgrades and replacements, refrigeration controls, LED lighting retrofit and controls upgrade, transformer replacement, plug load controls, and two carport solar PV arrays totaling 122.7 kW-DC. • Berkeley Unified School District, Berkeley, CA – $6.7 million energy solutions project including LED lighting retrofit, building automation system (BAS) upgrades, transformer upgrades, refrigeration controls, hydronic system thermal efficiencies, building envelope improvements, HVAC upgrades and replacements. (Completed 09.30.24) • Emery Unified School District, Emeryville, CA – 2022, $5.5 million energy solutions project including CalSHAPE Ventilation assessment, installation of CO2 sensors, refrigeration controls, HVAC upgrades, LED lighting retrofit, building envelope improvements, a battery energy storage system (BESS), and a rooftop solar PV array totaling 731.7 kW-DC. • Yolo County Office of Education, Woodland, CA – 2024, $4.7 million energy solutions project including 388.13 kW-DC solar, EV charger installation, battery energy storage system (BESS), microgrid, CalSHAPE Ventilation assessment, equipment controls, HVAC upgrades, building envelope improvements, and plug load controls. • Grass Valley School District, Grass Valley, CA – 2022, $3.6 million energy generation project including installation of two generators and four solar PV systems totaling 418.5 kW-DC. • Penn Valley Union Elementary School District, Penn Valley, CA – 2024, $3.5 million energy solutions and NEM 2.0 project including CalSHAPE Ventilation assessment, HVAC repair/replacements, LED lighting retrofit, water conservation measures, one carport and one ground mounted solar array totaling 199.53 kW-DC. City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 5 • Spreckels Union School District, Spreckels, CA – 2022, $3.2 million energy solutions project including CalSHAPE assessment and solar PV carport and ground mount arrays totaling 212.4 kW-DC. • Cabrillo Unified School District (Ph. 3), Half Moon Bay, CA – 2021, $2.7 million energy solutions project including solar PV carports and roof-mount systems totaling 786.5 kW-DC. • Washington Union School District, Salinas, CA – 2024, $2.7 million NEM 2.0 project including one carport and 2 rooftop solar PV arrays totaling 198.9 kW-DC. • Los Banos Unified School District, Los Banos, CA – 2024, $2.3 million NEM 2.0 project including a 232 kW-DC carport solar PV structure and installation of EV chargers. • North County Joint Union School District, Hollister, CA – 2023, $1.4 million solar PV project including 190.4 kW-DC carport structure. Other Municipal Solar PV Projects • Hayward Area Recreation & Park District, Hayward, CA – 2023, $14.2 million energy solutions project including 4 carport and 11 rooftop solar PV arrays totaling 625 kW-DC, building automation system (BAS) upgrades, HVAC replacements and upgrades, LED lighting retrofit, building envelope improvements, transformer upgrades, water conservation improvements, and a roof replacement. • Livermore Parks and Recreation District (Ph. 2), Livermore, CA – 2020, $1.4 million energy solutions project including 437.4 kW-DC solar PV carport. • Ambrose Recreation & Park District, Bay Point, CA – 2020, $517,550 solar project including 50.80 kW-DC rooftop solar array, HVAC upgrades, controls, internal/external LED lighting retrofits, and smart pool pump controls. City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 6 Part C: Project Experience Provide information on at least three projects that are similar in scope and character to this project. Two of the projects must be public sector projects. (Use separate sheets if required) PROJECT #1 A Project name City of Mountain View NEM 2.0 Solar PV B Project location 500 Castro St, Mountain View, CA 94041 C Project description: Design-build project, design and installation of 254.1 kW-DC in solar PV arrays. D Client/Owner (name, address, email, and phone number Damtew Ayele, Project Manager, City of Mountain View 500 Castro St, Mountain View, CA 94041 damtew.ayele@mountainview.gov 650.903.6267 E Prime contractor, if applicable (name, address, email, and phone number Syserco Energy Solutions, Inc. F Architect or engineer (name, email, and phone number Mariana Moncada, Principal and Owner, MMPV Design mariana@mmpvdesign.com 619.632.2883 G Project and/or construction manager (name, email, and phone number Pablo Orozco, Project Director p.orozco@syserco-es.com 510.513.3545 H Scope of work performed (as general contractor or as subcontractor Project design, project management and implementation. I Initial contract price $5,169,388 J Final contract price (including change orders); TBD – Project is currently in construction K Original scheduled completion date March 2026 L Actual date of completion TBD – Project is currently in construction M Time extensions granted (number of days) N/A N Number and amount of stop notices or mechanic’s liens filed N/A O Amount of any liquidated damages assessed against Bidder N/A P Nature and resolution of any project- related claim, lawsuit, mediation, or arbitration involving Bidder N/A Q Other Notes $491,400 annually utility savings City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 7 PROJECT #2 A Project name City of Morgan Hill NEM 2.0 Solar PV B Project location 17575 Peak Ave, Morgan Hill, CA 95037 C Project description: Design-build project, design and installation of 592.2 kW-DC in solar PV arrays. D Client/Owner (name, address, email, and phone number Chris Ghione, Public Services Director, City of Morgan Hill 17575 Peak Ave, Morgan Hill, CA 95037 chris.ghione@morganhill.ca.gov 408.782.9154 E Prime contractor, if applicable (name, address, email, and phone number Syserco Energy Solutions, Inc. F Architect or engineer (name, email, and phone number TBD – Will be subbed out by McMillan Electric. G Project and/or construction manager (name, email, and phone number Pablo Orozco, Project Director p.orozco@syserco-es.com 510.513.3545 H Scope of work performed (as general contractor or as subcontractor Project design, project management and implementation. I Initial contract price $5,169,388 J Final contract price (including change orders); TBD – Project is currently in construction K Original scheduled completion date December 2025 L Actual date of completion TBD – Project is currently in construction M Time extensions granted (number of days) N/A N Number and amount of stop notices or mechanic’s liens filed N/A O Amount of any liquidated damages assessed against Bidder N/A P Nature and resolution of any project- related claim, lawsuit, mediation, or arbitration involving Bidder N/A Q Other Notes Projected Lifecycle Cost Savings = $18.6M City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 8 PROJECT #3 A Project name City of Gilroy NEM 2.0 Solar PV B Project location 7351 Rosanna St, Gilroy, CA 95020 C Project description: This project involved a Power Purchase Agreement (PPA) between the City of Gilroy (City) and Jua Capital, LLC. A total of 1,132.7 kW-DC solar PV arrays were designed and built across four locations within the City limits. D Client/Owner (name, address, email, and phone number Walter Dunckel, Facilities Superintendent, City of Gilroy walter.dunckel@ci.gilroy.ca.us 408.461.0854 E Prime contractor, if applicable (name, address, email, and phone number Syserco Energy Solutions, Inc. F Architect or engineer (name, email, and phone number TBD – Will be subbed to Patterson Engineering, Inc. G Project and/or construction manager (name, email, and phone number Javier Palma, Project Manager j.palma@syserco-es.com 510.975.0226 H Scope of work performed (as general contractor or as subcontractor Project design, project management and implementation. I Initial contract price $6,061,550 J Final contract price (including change orders); TBD – Project is currently in construction K Original scheduled completion date Spring 2025 L Actual date of completion Project is on schedule, to be completed in April 2025. M Time extensions granted (number of days) N/A N Number and amount of stop notices or mechanic’s liens filed N/A O Amount of any liquidated damages assessed against Bidder N/A P Nature and resolution of any project- related claim, lawsuit, mediation, or arbitration involving Bidder N/A Q Other Notes Power Purchase Agreement in place with Jua Capital, LLC Please see the following pages for more information about these projects. City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 9 Part D: Safety 1. Provide DBE’s Experience Modification Rate (EMR) for the last three years: Year EMR 2023 0.69 (69%) – Effective 03/01/2023 2022 0.61 (61%) – Effective 03/01/2022 2021 0.59 (59%) – Effective 03/01/2021 2. 2. Complete the following, based on information provided in DBE’s CalOSHA Form 300 or Form 300A, Annual Summary of Work-Related Illnesses and Injuries, from the most recent past calendar year: 2.1 Number of lost workday cases 0 2.2 Number of medical treatment cases 0 2.3 Number of deaths 0 3. Has the DBE ever been cited, fined, or prosecuted by any local, state, or federal agency, including OSHA, CalOSHA, or EPA, for violation of any law, regulation, or requirements pertaining to health and safety? Yes or No? No If yes, provide additional information on a separate sheet regarding each such citation, fine, or prosecution, including the name and address of the agency or owner of the project, the type and size of the project, the reasons for and nature of the citation, fine, or prosecution, and the month and year in which the incident giving rise to the citation, fine, or prosecution occurred. 4. Name, title, and email for person responsible for DBE’s safety program: Felix Ukpabi Safety Manager f.ukpabi@syserco-es.com City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 10 Part E: Verification In signing this document, I, the undersigned, declare that I am duly authorized to sign and submit this DBE Questionnaire on behalf of the named DBE, and that all responses and information set forth in this DBE Questionnaire and accompanying attachments are, to the best of my knowledge, true, accurate and complete as of the date of submission. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Signature: ____________________________________________ Date: 12.23.24 By: Majd Khleif, Board Chair & President, Syserco Energy Solutions, Inc. 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Exceptions L. Exceptions Progress Meetings During the course of the Construction Phase, progress meetings will be conducted on a weekly basis by the City and at DBE’s on-site office, unless otherwise specified. Note: SES does not intend to have an on-site office for this Project. Insurance Coverages The Design-Build Contract included in the RFP contains insurance requirements in the General Conditions section. The requested insurance coverage is beyond what Syserco Energy Solutions carries, and the cost of the additional insurance is not included in our Proposal. Please see a copy of our current Certificate of Insurance on the following page. Specifically, the gaps in our current coverage and the levels of coverage requested in the City’s General Conditions include (but may not be limited to): Commercial General Liability (CGL) Syserco Energy has $1M per occ underlying + $10M per occurrence umbrella = $11M total GL per occurrence. Automobile Liability SES has $1M auto + $10M umbrella = $11M total limit for auto Professional Liability SES has a $3M E&O/Pollution limit. Builder’s Risk. SES is willing to provide an “Installation Floater”, but Builder’s Risk is unnecessary for this Project. SES currently has a $2M per jobsite Installation Floater Pollution and/or Asbestos Legal Liability. SES has $3,000,000 aggregate. 215 Fourier Ave. Suite 140 | Fremont, CA 94539 | Ph. 510.498.1410 | F. 510.498.1160 City of Cupertino PV Project Attachment A February 11, 2025 Customer Furnished/Performed Items 1. Available as-built drawings or site-specific information necessary to effectively design, engineer and construct the renewable energy solution including but not limited to past site plans, all existing utilities (including irrigation infrastructure), permits for past work, etc. 2. Provide a site access road that will accommodate heavy vehicles, deliveries, and service vehicles. City will not be responsible for the conditions for the site access road. 3. Lab of Record (LOR), Inspector of Record (IOR), and special inspections. Exclusions 1. Upgrades to existing ADA paths of travel. Any necessary upgrades to existing ADA paths of travel determined after due diligence after Contract Effective Date by the AOR will be managed through a contract change order. 2. Any facility or infrastructure upgrades not directly required by the scope of work, including but not limited to existing ADA paths of travel will be managed through a contract change order. 3. Any required upgrades to the existing roof structures determined after detailed structural engineering is performed are excluded. 4. Typical soils are assumed for carport and shade structure foundation design. Soils conditions shall be confirmed by a geotechnical evaluation under SES scope. Changes to foundation design required due to non-standard soil conditions (rocky soil, soft soil stabilization, Dewatering drilled foundations and sleeving of foundations) are excluded. 5. Engineering, installation, and maintenance of permanent stormwater facilities and features if required by the AHJ including but not limited to riprap, basins, inlet structures, and down inlet protections. Best management practice (BMP) mitigations required during construction are not excluded. 6. De-mobilizations as directed by the city after construction has started at each site. 7. Environmental engineering and/or any environmental/biological remediation. 8. Floodplain engineering and/or any alterations to site and materials to accommodate floodplains. 9. Service upgrades, electrical service equipment, or new services. 10. Changes to project design and implementation required to accommodate easements and/or rights of way not listed in the scope of work. 11. Environmental assessment, environmental impact reports, testing, and other reports not listed in the scope of work. 12. Any design or engineering related to flood plans and/or FEMA high-hazard floodplains. 13. Relocation and/or removal of any existing utilities (active or abandoned), inclusive of water, electricity, communication, data, cable TV, security systems, irrigation, etc. 14. Hazardous material surveys, testing, and/or monitoring. 15. Removal and/or disposal of any hazardous or contaminated materials. 16. Excavation, removal, and/or disposal of unsuitable materials. 215 Fourier Ave. Suite 140 | Fremont, CA 94539 | Ph. 510.498.1410 | F. 510.498.1160 Page 2 of 2 17. Corrosion-resistant materials (beyond standard galvanization). 18. Arc Fault Hazard Assessment. 19. Overcurrent Protection Coordination Studies. Additional Services Services not included in the contract which can be added are as follows: 1. Extension of electrical infrastructure on Sports Center site to areas other than the proposed carport site to support additional EV chargers / Installation of additional EV chargers in Sports Center site rear parking lot. 2. Electrical service upgrade at Sports Center site to support additional scopes of work. 3. Improvements to the existing picnic area within Memorial Park (as part of the Quinlan Community Center PV project), such as new fixtures, furniture, paving, and other facility renovations. 4. Installation of Solar PV system at Library Site 5. Installation of Energy Storage Systems (ESS) at all project locations 6. Analysis, due diligence and implementation for additional energy services at these sites and other city facilities. ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 2/28/2024 License # 0G66614 (925) 226-7350 (925) 226-7380 25682 Syserco Energy Solutions, Inc. 215 Fourier Avenue Fremont, CA 94539 25674 20044 30481 A 1,000,000 CO-4W765201 3/1/2024 3/1/2025 300,000 15,000 1,000,000 2,000,000 2,000,000 1,000,000A BA-4W762364 3/1/2024 3/1/2025 10,000,000B CUP-4W765409 3/1/2024 3/1/2025 10,000,000 10,000 C SYWC561290 3/1/2024 3/1/2025 1,000,000 Y 1,000,000 1,000,000 D Prof/Pollution ZCD-91N77150 3/1/2024 Each Claim $3M/Agg 3,000,000 Evidence of Coverage In Force To Whom It May Concern SYSEENE-01 MIZO One Risk Group, LLC DBA: One Risk Management & Insurance Services 6701 Koll Center Parkway, Suite 350 Pleasanton, CA 94566 Certificates@oneriskgroup.com Travelers Indemnity Co of CT Travelers Property Casualty Company of America Berkshire Hathaway Homestate Ins Co St. Paul Surplus Lines Insurance Company X 3/1/2025 X X X X X X X APPENDIX A CUPERTINO PHOTOVOLTAIC SYSTEMS DESIGN AND INSTALLATION PROJECT THE BRIDGING DOCUMENTS DOCUMENT 1.4 Programming, Cost, and Funding Report Prepared for the City of Cupertino Presented by: Syserco Energy Solutions, Inc. Date Submitted: January 24, 2025 Table of Contents 2 Table of Contents Table of Contents.............................................................................................................................................................. 2 Executive Summary .......................................................................................................................................................... 3 Section 1 – Project Financials ........................................................................................................................................ 4 1.1 System Sizing ....................................................................................................................................................... 4 1.2 Annual Energy Savings...................................................................................................................................... 4 1.3 Budget Impact / Financing Options .............................................................................................................. 5 1.4 Portfolio Cash Flow Models............................................................................................................................. 7 Section 2 – Construction Methodology, Equipment, and Conceptual Designs .......................................... 13 2.1 Construction Methodology and Schedule ............................................................................................... 13 2.2 Project Portfolio Conceptual Designs........................................................................................................ 16 2.3 Project Equipment Lists ................................................................................................................................. 29 Section 3 – Project Specifications and Technology Evaluation ........................................................................ 31 3.1 Technical Specifications ................................................................................................................................. 31 3.2 New Technology Evaluation ......................................................................................................................... 35 3.3 Energy Storage Evaluation ............................................................................................................................ 36 City of Cupertino Programming, Cost, and Funding Report Executive Summary 3 Executive Summary The City of Cupertino has been working to evaluate the benefits of adding solar photovoltaic energy systems to a number of locations. The goal of this potential project is to assist in offsetting ongoing electrical utility costs at these locations to provide long term value to the city and its residents. To develop the recommended project, our experienced energy engineers, project managers, and project developers performed a detailed energy and operational audit of the City’s facilities to determine the full potential for savings. This proposal is a culmination of our audit findings, recommended systems, infrastructure enhancements, and overall cost reductions. We would like to thank the members of the City’s staff and facilities team who worked closely with the Syserco Energy Solutions team throughout this process. Without their assistance, this report would not have been possible. The project development process involved numerous site visits, interaction with City administration and facilities staff, and a detailed analysis of existing equipment and systems and current utility consumption . Studies of energy usage, operating conditions, and interviews with the City’s facility team have been valuable sources of information, contributing greatly to this effort. We have taken into consideration the input provided by staff when compiling the proposed project. The recommended project will design, furnish, and install new solar PV roof mount and carport / shade structure systems at various City sites. These new systems will offset significant electrical energy usage relative to grid-purchased electrical energy. The recommended system sizes are summarized in the table below: Recommended Project S ummary Site Name Nominal Array Size (kW DC) Nominal System Size (kW AC) Mounting Type Community Hall 49.30 50 Rooftop Quinlan Community Center / Senior Center 312.62 260 Carport / Rooftop Sports Center 214.02 172 Carport Total 575.94 482 City of Cupertino Programming, Cost, and Funding Report Section 1 – Project Financials 4 Section 1 – Project Financials 1.1 System Sizing The systems in the project were sized based on multiple factors to align with the city’s goals for the project. The first factor considered was available space – in concert with city staff, ideal areas on each site were identified that would not impact the usage of each site or require the removal of undue quantities of trees. With the usable locations identified on each site, energy consumption was evaluated to determine the maximum amount of energy generation that would be economically beneficial for the site. The systems were then sized within these two constraints to offset as much energy usage as possible at each location within the physical areas identified for use . Options for each site were presented to city staff for evaluation and comment, with preferred layouts selected by the city for each location. 1.2 Annual Energy Savings Annual Energy Savings for the project were modeled utilizing the industry-standard software application Energy Toolbase based on data from site-specific models that were developed in Helioscope, another industry-standard software application . This model projects the energy savings provided by the array based on the estimated energy production within each time interval, to ensure that the impacts of time - of-use (TOU) rate schedules and non -bypassable charges are accurately accounted for. The first-year energy savings depicted in the table below assume a roughly 18-month duration between the issuance of this report and system completion and incorporate an estimated annual utility escalation rate of 5% during this time period. While first -year savings are presented in the table below, it is important to note that annual energy savings are estimated to change over time. Utility rates are anticipated to continue to rise over time, and throughout the project’s life cycle the modules are expected to degrade annually . For the purposes of the estimated payback period listed below, the annual utility escalation is estimated to be 5%, and the annual PV module degradation rate is assumed to be 0.5%. Additionally, the city has submitted interconnection applications under the NEM2 tariff, which is far more lucrative than the current NEM3 tariff – this allows the systems to be locked into this NEM2 tariff for 20 years from project permission to operate, after which time they will be transitioned to the NEM3 rate tariff. Syserco Energy Solutions assisted the city in accomplishing this by applying for utility interconnection of these systems prior to the April 15th, 2023 NEM2 application deadline. It is important to note that to capture this 20 -year NEM2 eligibility, these projects must be completed by April 15 th, 2026. City of Cupertino Programming, Cost, and Funding Report Section 1 – Project Financials 5 1.3 Budget Impact / Financing Options Site Name Nominal Array Size (kW DC) System Price 1 Estimated Direct Pay ITC 1 Net Price 1 First Year Energy Savings 1,2 Estimated Payback Period (Years) Community Hall 49.30 $474,178 $188,726 $285,452 $31,196 8.11 Quinlan Community Center / Senior Center 312.62 $1,888,660 $676,746 $1,211,914 $163,067 6.72 Sports Center 214.02 $1,577,043 $550,070 $1,026,973 $96,612 9.11 Total 575.94 $3,939,881 $1,415,542 $2,524,339 $290,875 7.69 1Note: All costs and savings figures presented are estimates. 2Projected first year energy savings shown in table are indicative of the avoided electric utility costs the site will experie nce, which will manifest in the form of lowered utility bills on each site. Financing Options Solar PV systems can be financed in multiple ways to alleviate construction cash flow challenges. The main financial vehicles available for the project are a cash purchase, tax -exempt lease purchase (TELP), or a power purchase agreement (PPA). A cash purch ase model is the simplest funding strategy for the project. This methodology would utilize direct funding from the city to procure the project, which would have several benefits for the city. The city would be able to monetize the direct pay credit from th e federal government (available via the Inflation Reduction Act), essentially providing a significant rebate for the project. When meeting prevailing wage and apprenticeship requirements, this direct pay credit amounts to 30% of the total PV project cost. For public entities receiving direct pay credits, there is a penalty for not meeting domestic content thresholds on the projec t, which can reduce this 30% credit by 15% for projects beginning in 2025 (i.e. reducing the 30% credit to 25.5%.) In addition to avoiding this credit reduction, utilizing domestic content on the project provides a 10 -percentage point increase on the baseline direct pay credit, which would increase the realized benefit to the city from 25.5% of PV project costs to 40% of PV project c osts when meeting domestic content requirements. To meet the domestic content requirements, all iron and steel used in the project must have all manufacturing processes taking place in the United States , and (for projects beginning in 2025,) 45% of the total costs of all manufactured products (including components) in the facility must be mined, produced, or manufactured in the United States. As a result of this, the project has been conceptually designed to utilize equipment which meets the domestic content requirement. Additionally, the city would directly receive all of the benefits provided by the system, including Renewable Energy Credits (RECs), which are the “green attributes” of the energy generated by the array which can be separately sold. Additionally, there would be no financing fees or interest costs associated with this method, which would maximize the total return on investment o f the city’s procurement of the PV system. The downsides of this procurement method are minimal. Under this method, the city would need to operate and maintain the system, or alternatively hire a company to perform these services on behalf of the city which would require an ongoing (though small) cost to the city. The city would also need to have enough available capital to directly fund the project. City of Cupertino Programming, Cost, and Funding Report Section 1 – Project Financials 6 A TELP funding model utilizes a tax -exempt lease for acquiring the capital necessary for construction and paying this lease back over time. Typically, these agreements run for 15-to-20-year terms. This financing format provides the city multiple benefits – direct capital funding from the city is not required for this financing method, and the model can be structured to ensure that the lease payments are funded by the cost savings from the PV arrays. Additionally, the city can negotiate a fixed interest rate on the borrowed funds and have a predictable payment schedule over time to repay the lease. Under this financing structure, the city is also able to monetize the direct pay credit from the federal government. There are multiple drawbacks to this financing mechanism, however. When utilizing a tax-exempt financing method under the Inflation Reduction Act , the direct pay credits are reduced by 15% relative to a cash purchase option (i.e. the 40% credit described above is reduced to 34%.) In addition, the city would own the arrays and would therefore receive all of the benefits of the system (including RECs) directly , but would need to operate and maintain the systems or hire a company to perform these services to keep the arrays functioning optimally over time which would require an ongoing cost to the city . Additionally, the interest associated with this financed procurement method would reduce the total return on investment of the project relative to a cash -purchase option. A power purchase agreement (PPA) is an alternative financing option which utilizes a third party to provide the capital necessary for construction of the project. The third party retains ownership of the arrays and the city then pays the third party a negotiated value for the energy produced by the array s as measured by an electrical meter on site. Term length for this financing option can range significantly, though this is typically on the order of 20 to 30 years. PPA agreements typically encompass two independent variables which determine the base energy price in the agreement, which are term length and escalation rate (the year -over-year increase in the base energy price.) These variables can be adjusted to meet the needs of the city – increasing the term length and esca lation rates typically results in a lower base (first-year) PPA rate, increasing savings realized in the early years of the project life cycle. There are several benefits to this financing format – the city would not require any capital to construct the ar rays, would not accrue interest during the construction period, and would not incur any direct debt. The city would not own the arrays during the PPA term (though PPAs would typically include an option for the city to procure the array at the end of the te rm of the agreement ), and therefore would not need to orchestrate operations and maintenance activities for the PV systems. Because payments under a power purchase agreement are based around a value per kilowatt -hour of energy delivered to the project site , typical issues impacting energy production would reduce the amount owed by the city to the PPA provider, insulating the city from risk of the systems encountering operational issues; this also keeps the PPA provider’s interests aligned with the city’s, a s the PPA provider is incentivized to maintain the arrays in peak condition to ensure the maximum amount of energy is delivered to the site. This financing method also has downsides; the array being owned by a third party means that the city would not be a ble to monetize the direct pay credit from the federal government for the project. Additionally, payments from the city to the PPA provider can fluctuate due to weather conditions, etc., and are likely less predictable than payments under a TELP financing model. These financial vehicles can also be combined to provide additional options for the city. For instance, available capital can be utilized to fund a project, with any shortfall being covered by a TELP or PPA. Combining available capital with a financing opt ion has the benefit of expanding the ability of the city to procure the systems, while significantly reducing the interest paid on a potential lease, or the base price for energy, the annual escalator, or the term negotiated under a PPA. City of Cupertino Programming, Cost, and Funding Report Section 1 – Project Financials 7 1.4 Portfolio Cash Flow Models Each of the project locations was modeled to depict the estimated cash flow provided by each of the various financing strategies described in the previous section of this report . In addition, the portfolio as a whole was modeled similarly to show the revenue potential of the entire project throughout its life cycle. All project financing models anticipate 20-year financing terms to align with the NEM2 project lock-in duration. The impact of changing to the NEM3 tariff after 20 years is included in the follo wing cash flow models and summary tables. Site Name Nominal Array Size (kW DC) Estimated Year 1 Net Savings 1 (Cash) Estimated Year 1 Net Savings 1 (TELP) Estimated Year 1 Net Savings 1 (PPA) Estimated Lifecycle Net Savings (Cash) Estimated Lifecycle Net Savings (TELP) Estimated Lifecycle Net Savings (PPA) Community Hall 49.30 $30,457 $17,222 $9,471 $1,079,495 $800,616 $860,318 Quinlan Community Center / Senior Center 312.62 $158,421 $123,893 $68,139 $6,082,649 $4,855,850 $5,127,144 Sports Center 214.02 $93,402 $47,048 $16,775 $3,348,011 $2,389,518 $2,531,679 Total 575.94 $282,279 $188,163 $94,300 $10,510,155 $8,045,985 $8,517,106 1Net savings depicted in the above table take into account all estimated elements of the project, incorporating utility bill savings, operations and maintenance costs, interest costs, and PPA payments (as applicable to each of the individual financing mechanisms.) Utilizing a cash purchase model to procure the system provides the highest return on investment for solar PV projects, as there are no PPA payments, financing costs, or accrued interest that need to be paid over time for the system . While this method does require significant capital to be available to procure the system outright, it maximizes the value derived from the system by the purchaser. When capital is not available or opportunity costs are too significant to justify the short -term expenditure, financing projects via a TELP or PPA (in most cases) provides an excellent opportunity to be able to procure the system while realizing immediate positive cash flow on the project. The downside of these options is that the various financing related payments reduce the life cycle savings of the project significantly, as they are covered by the savings the systems generate. City of Cupertino Programming, Cost, and Funding Report Section 1 – Project Financials 8 Full Portfolio Cash Flow Model Portfolio Financial Summary Financing Mechanism Up Front Costs Payback Period / Break Even Point Estimated Lifecycle Net Savings Cash Purchase $3,939,881 7.69 Years $10,510,155 TELP $0 N/A $8,045,985 PPA $0 N/A $8,517,106 The project portfolio provides an excellent opportunity to bundle all of the locations together to leverage any of the available financing methods and take advantage of the benefits that are most attractive to the city. In a cash purchase setting, the system s are anticipated to pay for themselves in 7.69 years and provide a net lifecycle savings to the city roughly $2 million greater than a financed option. However, both financed options are estimated to be able to provide the city a positive cash flow from the first year of operation, with out requiring available capital to purchase the arrays. The modeled cash flow for all three options is shown in the graph below: City of Cupertino Programming, Cost, and Funding Report Section 1 – Project Financials 9 Community Hall Cash Flow Model Community Hall Financial Summary Financing Mechanism Up Front Costs Payback Period / Break Even Point Estimated Lifecycle Net Savings Cash Purchase $474,178 8.11 Years $1,079,495 TELP $0 N/A $800,616 PPA $0 N/A $860,318 The Community Hall project location provides an excellent opportunity to leverage any of the available financing methods to take advantage of the benefits that are most attractive to the city. In a cash purchase setting, the system is anticipated to pay fo r itself in 8.11 years and provide a net lifecycle savings to the city roughly $200,000 greater than a financed option. However, both financed options are estimated to be able to provide the city a positive cash flow from the first year of operatio n withou t requiring available capital to purchase the arrays. The modeled cash flow for all three options is shown in the graph below: City of Cupertino Programming, Cost, and Funding Report Section 1 – Project Financials 10 Quinlan Community Center / Senior Center Cash Flow Model Quinlan Community Center / Senior Center Financial Summary Financing Mechanism Up Front Costs Payback Period / Break Even Point Estimated Lifecycle Net Savings Cash Purchase $1,888,660 6.72 Years $6,082,649 TELP $0 N/A $4,855,850 PPA $0 N/A $5,127,144 The Quinlan Community Center project location provides an excellent opportunity to leverage any of the available financing methods to take advantage of the benefits that are most attractive to the city. In a cash purchase setting, the system is anticipated to pay for itself in 6.72 years and provide a net lifecycle savings to the city roughly $900,000 greater than a financed option. However, both financed options are estimated to be able to provide the city a positive cash flow from the first year of operation, without requiring available capital to purchase the arrays. The modeled cash flow for all three opti ons is shown in the graph below: City of Cupertino Programming, Cost, and Funding Report Section 1 – Project Financials 11 Sports Center Cash Flow Model Sports Center Financial Summary Financing Mechanism Up Front Costs Payback Period / Break Even Point Estimated Lifecycle Net Savings Cash Purchase $1,577,043 9.11 Years $3,348,011 TELP $0 N/A $2,389,518 PPA $0 N/A $2,531,679 The Sports Center project location provides an excellent opportunity to leverage any of the available financing methods to take advantage of the benefits that are most attractive to the city. In a cash purchase setting, the system is anticipated to pay for itself in 9.11 years and provide a net lifecycle savings to the city roughly $800,000 greater than a financed o ption. However, both financed options are estimated to be able to provide the city a positive cash flow from the first year of operation, without requiring available capital to purchase the arrays. The modeled cash flow for all three options is shown in the graph below: City of Cupertino Programming, Cost, and Funding Report Section 1 – Project Financials 12 NEM 2 and NEM 3 Comparison As a part of this project, interconnection applications were submitted to the utility prior to the April 15, 2023 deadline for the closing of NEM2 to new applications for the 3 locations covered in this report. The relative value of the NEM2 projects is significantly greater than if these projects were to be completed under the currently-existing utility tariff structure of NEM3, which will require the systems to be completed by April 15th, 2026. The savings projections under NEM3 were modeled in an analogo us manner to the NEM2 savings projections, utilizing an Energy Toolbase model based on a Helioscope array design for each project location, to ensure that the impacts of TOU rate schedules and values for energy exported to the utility grid were accounted f or. The same assumptions for utility cost escalation rates (5%) and PV module degradation (0.5%) were utilized in both models. The projected net life cycle savings of the projects are shown under both NEM2 and NEM3 scenarios for comparison in the table bel ow: Site Name Nominal Array Size (kW DC) Estimated Year 1 Net Savings (Cash, NEM2) Estimated Year 1 Net Savings (Cash, NEM3) Estimated Lifecycle Net Savings (Cash, NEM2) Estimated Lifecycle Net Savings (Cash, NEM3) Energy Offset Percentage Community Hall 49.30 $30,457 $17,851 $1,079,495 $685,806 71.97% Quinlan Community Center / Senior Center 312.62 $158,421 $81,895 $6,082,649 $3,692,660 93.53% Sports Center 214.02 $93,402 $48,156 $3,348,011 $1,934,918 100.47% Total 575.94 $282,279 $147,902 $10,510,155 $6,313,383 93.72% The impact of the NEM3 tariff relative to the NEM2 tariff for each of the project locations varies significantly. On average, NEM3 drastically reduces the credit earned for exporting energy from the project locations to the utility grid, though it has no impact on energy that is produced and consumed concurrently on site. As a result of this, locations that utilize most of their energy during the day (particularly in the summer months) are not as heavily impacted by the NEM3 tariff as sites whose energy usage is not aligned with availa ble sunlight . For a given site, as the fraction of energy usage offset by the PV system rises, the impact of NEM3 will generally also increase. For this portfolio, the impact of NEM3 on the proposed systems varies, ranging from an 41.39% reduction in first year savings at the Library to a 48.44% reduction in first year savings at the Sports Center location. Across the entire portfolio, NEM3 would reduce first year energy savings by 47.60% when compared with the same project under NEM 2. The lifecycle net savings discrepancy across the portfolio (39.93%) is slightly lower than the first -year savings discrepancy, as the NEM 2 projects will be transitioned to NEM3 after 20 years, at which point the annual savings of both scenarios will equalize. City of Cupertino Programming, Cost, and Funding Report Section 2 – Construction Methodology, Equipment, and Conceptual Designs 13 Section 2 – Construction Methodology , Equipment, and Conceptual Designs 2.1 Construction Methodology and Schedule Design-Build Construction Methodology Benefits Syserco Energy Solutions recommends a design -build methodology for execution of this project, which is common in the solar industry. There are a significant number of benefits to this delivery method, which are particularly valuable in a time-constrained environment. Given the need to complete these projects by the April 15th, 2026 deadline to maintain NEM2 status for the arrays, timing will be critical for the success of the project. The benefits of a design -build methodology are summarized below: Complete Accountability – With the design-build delivery method, a single entity, the design -builder, is the point of accountability across the entire project. The Design -Builder is always working toward the owner’s project goals with intent. The entire process, from design to final walkthrough, requires the Design-Builder to take full responsibility for all aspects of the project. Details and “Scope Gaps” cannot be overlooked without accountability. Quality of the design – Allows for Owner input and accounts for all project -related costs Improved Continuity - In the traditional “Design-Bid-Build” project delivery, once the design team completes their work, they hand off the project to a general contractor , who may have a different perspective on the project than the design team. Unless all elements of the project are fully and minutely detailed, there may be discrepancies between the design intent and the fully executed project. With design-build projects, a seamless line exists between each phase of the construction process , aligning all parts of the project team towards a common design and implementation intent . Single Project Leader, Single POC – A Design-Build Project Manager is part of everything from planning to the final stages. They’re in charge of keeping things on time, planned, and on budget. Field Expertise & Early Collaboration – Expertise for all areas of project development and construction are involved from start to finish. Design engineers work with construction -focused minds to ensure what is being designed can actually be built in the field, without additional surprises a nd cost increases. Risk Mitigation - Much of the risk involved in a project using the design -build method falls away from the owner to the design -build contractor. As a result, owners are often better protected against unexpected costs resulting from design errors or construction delays. Single Contract – A single design-build contract eliminates (sometimes challenging) contract negotiations between engineering firms, construction firms, and commissioning firms. Instead of multiple contracts, the design -builder will have one singular agreement with the owner. As a result, the owner retains control, while an environment of collaboration produces exceptional results without regular construction hangups. Streamlined Communication - Communication is critical to keeping projects on budget and on time. Design-build cuts out inefficiencies by putting everyone on the same team. When designers, contractors, City of Cupertino Programming, Cost, and Funding Report Section 2 – Construction Methodology, Equipment, and Conceptual Designs 14 and other workers are on the same team, getting information from one person to another is seamless and fast. Instead of needing to coordinate multiple entities that may operate on different schedules, the design-build team can react quickly to any issues t hat may arise during the project. Financial Savings - It’s easy to assume that one of the benefits of design -bid-build is a lower budget, because projects often go to the lowest bidder. While a lower budget might be alluring, the inefficiencies and disconnects inherent in the traditional approach can crea te financial burdens. Keeping projects on budget is difficult and made even more complex by a lack of communication and accountability. Time Savings - When teams work in step with each other, rather than solely sequentially, it means you can save time and budget time more effectively. Many project owners have an experience of waiting weeks (or even months) after the design phase to break ground and st art construction. Using a design - build approach means you aren’t waiting on another company to start on the next stage. Equipment Changes – The solar industry moves very quickly, a nd solar modules in particular are constantly subject to shifting availability as new module models and wattages come onto the market (and older modules stop being produced). Performing a detailed DC electrical design based on specific modules well in advance of the project's procurement and construction phases presents significant risk of alterations being needed. Alterations under a design -bid-build model impose an appreciable risk of delay, as the project engineer would need to be reengaged to review and update the DC electrical design to accommodate module changes. City of Cupertino Programming, Cost, and Funding Report Section 2 – Construction Methodology, Equipment, and Conceptual Designs 15 Design-Build Estimated Project Schedule The major milestones of the estimated schedule required to implement a design -build procurement of the project portfolio by the April 15th, 2026 NEM2 deadline is summarized in the table below: Event Target Date Contract Issued February 4th, 2025 Project Engineering / Detailed Design Phase February 5th, 2025 – April 15th, 2025 Permitting April 15th, 2025 – May 15th, 2025 Procurement of Major Materials March 1st, 2025 – September 1st, 2025 Construction Schedule September 1st, 2025 – April 1st, 2026 City of Cupertino Programming, Cost, and Funding Report Section 2 – Construction Methodology, Equipment, and Conceptual Designs 16 2.2 Project Portfolio Conceptual Designs Conceptual designs for each of the projects are shown on the following pages. For each project location, a Helioscope conceptual system design and a single line diagram have been provided, depicting the system layout, electrical components, and anticipated electrical configuration. These conceptual designs are indicative of the design intent for each of the projects, though alternative system designs (equipment manufacturers and models, inverter voltages, etc.) could be utilized to provide similar value to the city. Maintaining the existing trees on site is a priority for this project, though several trees will need to be removed from the Quinlan Community Center and sports center site locations where conflicting with the array locations and where necessary to ensure appropriate solar access for the new solar arrays. Where possible, tree trimming is recommended in place of tree removal at the Quinlan Community Center and sports center sites. The trees conflicting with the array located in the picnic area of the Quinlan Community Center are assumed to be removed or replanted as part of the Memorial Park revitalization project. The number of trees that will need to be removed and are recommended to be trimmed at each site is summarized in the table below: Site Name Trees to be Trimmed Trees to be Removed Community Hall 0 0 Quinlan Community Center / Senior Center 14 12 Sports Center 2 5 Total 16 17 City of Cupertino Programming, Cost, and Funding Report Section 2 – Construction Methodology, Equipment, and Conceptual Designs 17 Community Hall Conceptual Design Design Overview produced by Taylor Bohlen © 2024 Aurora Solar 1 / 2 October 10, 2024 Community Hall Rooftop Cupertino - Civic Center, 10300 TORRE AVE Desig n Communit y H all Rooft op DC Nameplat e 49.3 kW AC Nameplat e 50.0 kW (0.99 DC/AC) L ast Modi ed Tay lor Bohlen (09/24/2024) Design Project Location Component Na me Count I nv ert ers S6-GC50K-US (Solis)1 (50.0 kW) St rings 10 AWG (Copper)5 (372.1 ft ) M odule H eliene I nc, 156H C-580 M 10 SL Bifacial (580W)85 (49.3 kW) Components D escr i pti on Ra cki ng Or i enta ti on Ti l t A zi muth Intr a r ow Spa ci ng Fr a me Si ze Fr a mes Modul es Pow er F ield Segment 6 F lush M ount Port rait (Vert ical) 15° 90°0.0 ft 1x1 34 34 19.7 kW F ield Segment 7 F lush M ount Port rait (Vert ical) 15° 270°0.0 ft 1x1 40 40 23.2 kW F ield Segment 8 F lush M ount Port rait (Vert ical) 15° 180.02425° 0.0 ft 1x1 11 11 6.38 kW Field Segments D escr i pti on Combi ner Pol es Str i ng Si ze Str i ngi ng Str a tegy Wiring Zone --Along Racking Wiring Zone 2 --Along Racking Wiring Zone 3 -4-17 Along Racking Wiring Zone 4 --Along Racking Wiring Z ones Design Overview produced by Taylor Bohlen © 2024 Aurora Solar 2 / 2 October 10, 2024 Detailed Lay out Point of Interconnection Rooftop PV Array (85 Modules) Solis S5-GC60K-LV-US (DERATED) 50 kW, 138.8 A, 208 VAC COM To DAS Inverter #1 49.3 kWstc PV Modules (85) Heliene 156HC-580 M10 SL Bifacial 46.478 kWptc Main Switchgear To Utility Grid 1200 A 120/208 VAC, 1200 A 175 A AC Disconnect 208 VAC (Nominal), 200 A (Min.) Cutler-Hammer DH324NRK Utility Meter Meter #1009538478 DAS System COM COM COM To Inverter #1 CT To Irradiance Sensor To Module Temp Sensor (43) TIGO TS4-A-2F Optimizers Project Location: Project Details: City of Cupertino - Community Hall Contractor: Revision History: Engineering Approval: 10350 Torre Avenue Cupertino, CA 95014 AHJ: Cupertino, City of 49.3 kWstc, 50 kWAC 45.59 kW CEC-AC Utility: PG&E Rev #Date Description 1 3/3/2023 Original 215 Fourier Avenue Fremont, CA, 94539 Suite 140 2 8/9/2024 DAS 3 8/28/2024 Equipment 4 9/4/2024 Equipment 5 10/10/2024 System Size 6 10/16/2024 Project Name 7 11/6/2024 Equipment 8 12/9/2024 Alternate City of Cupertino Programming, Cost, and Funding Report Section 2 – Construction Methodology, Equipment, and Conceptual Designs 21 Quinlan Community Center Conceptual Design Quinlan Community Center (add alt option 2) Cupertino - Quinlan + Senior + Sports Centers, 10185 N STELLING RD cupertino Design Quinlan Community Center (add alt option 2) DC Nameplate 312.6 kW AC Nameplate 260.0 kW (1.20 DC/AC) Last Modied Taylor Bohlen (Today at 12:02 AM) Design Project Location Component Name Count Inverters S5-GC80K-US (Solis)2 (160.0 kW) Inverters S5-GC100K-US (Solis)1 (100.0 kW) AC Home Runs 2/0 AWG (Aluminum)2 (2,704.7 ft) AC Home Runs 3/0 AWG (Aluminum)1 (2,236.6 ft) Strings 10 AWG (Copper)34 (3,500.1 ft) Module Heliene Inc, 156HC-580 M10 SL Bifacial (580W)539 (312.6 kW) Components Description Racking Orientation Tilt Azimuth Intrarow Spacing Frame Size Frames Modules Power Field Segment 1 Carport Portrait (Vertical) 7° 180°1.6 ft 5x67 1 335 194.3 kW Field Segment 1 (copy 1) Carport Portrait (Vertical) 5° 90°1.6 ft 6x34 1 204 118.3 kW Field Segments Description Combiner Poles String Size Stringing Strategy Wiring Zone -5-17 Along Racking Wiring Zone 2 --Along Racking Wiring Zone 3 --Along Racking Wiring Zone 4 -5-17 Along Racking Wiring Zones Design Overview produced by Taylor Bohlen © 2025 Aurora Solar 1 / 2 January 23, 2025 Detailed Layout2 Design Overview produced by Taylor Bohlen © 2025 Aurora Solar 2 / 2 January 23, 2025 Carport Array #1 (204 Modules) Carport Array #2 (335 Modules) Interconnection Point Main Switchgear To Utility Grid 800 A 277/480 VAC, 800 A 400 A AC Disconnect 480 VAC (Nominal), 400 A (Min.) Cutler-Hammer DH365NRK Utility Meter Meter #1009512069 DAS System COM COM COM COM To Inverter #1 To Inverter #3 AC Combiner Panel 480 VAC (Nominal), 400 A (Min.) Solis S5-GC80K-US 80 kW, 96.2 A, 480 VAC COM To DAS Inverter #2Carport #2 PV Modules (335) Heliene 156HC-580 M10 SL Bifacial Solis S5-GC100K-US 100 kW, 120.3 A, 480 VAC COM To DAS Inverter #1Carport #1 PV Modules (204) Heliene 156HC-580 M10 SL Bifacial 125 A Solis S5-GC80K-US 80 kW, 96.2 A, 480 VAC COM To DAS CT To Module Temp Sensor To Irradiance Sensor 125 A 175 A Inverter #3 Project Location: Project Details: City of Cupertino - Quinlan Community Center Contractor: Revision History: Engineering Approval: 10185 N Stelling Rd Cupertino, CA 95014 AHJ: Cupertino, City of 312.62 kWstc, 260 kWAC 289.6 kW CEC-AC Utility: PG&E Rev #Date Description 1 3/3/2023 Original 215 Fourier Avenue Fremont, CA, 94539 Suite 140 2 8/28/2024 Equipment 3 9/4/2024 Equipment 4 12/10/2024 Size Reduction 5 12/19/2024 Add Alt 6 1/22/2025 System Size City of Cupertino Programming, Cost, and Funding Report Section 2 – Construction Methodology, Equipment, and Conceptual Designs 25 Sports Center Conceptual Design Sports Center Carports Cupertino - Quinlan + Senior + Sports Centers, 10185 N STELLING RD cupertino Design Sports Center Carports DC Nameplate 214.0 kW AC Nameplate 172.0 kW (1.24 DC/AC) Last Modied Taylor Bohlen (09/24/2024) Design Project Location Component Name Count Inverters S5-GC75K-US (Solis)1 (75.0 kW) Inverters S6-GC25K-US (Solis)1 (25.0 kW) Inverters S6-GC36K-US (Solis)2 (72.0 kW) Strings 10 AWG (Copper)26 (1,628.9 ft) Module Heliene Inc, 156HC-580 M10 SL Bifacial (580W)369 (214.0 kW) Components Description Racking Orientation Tilt Azimuth Intrarow Spacing Frame Size Frames Modules Power Field Segment 2 (copy) Carport Portrait (Vertical) 7° 270°1.6 ft 6x27 1 162 94.0 kW Field Segment 1 (copy) Carport Portrait (Vertical) 7° 180°1.6 ft 3x17 1 51 29.6 kW Field Segment 1 (copy 1) Carport Portrait (Vertical) 7° 180°1.6 ft 3x52 1 156 90.5 kW Field Segments Description Combiner Poles String Size Stringing Strategy Wiring Zone 2 -5-17 Along Racking Wiring Zone 3 -4-17 Along Racking Wiring Zone -4-17 Along Racking Wiring Zones Design Overview produced by Taylor Bohlen © 2024 Aurora Solar 1 / 2 November 01, 2024 Detailed Layout Design Overview produced by Taylor Bohlen © 2024 Aurora Solar 2 / 2 November 01, 2024 Interconnection Point Carport Array #1 (162 Modules) Carport Array #3 (156 Modules) Carport Array #2 (51 Modules) 480 VAC (Nominal), 400 A (Min.) 125 A Solis S5-GC75K-US 75 kW, 90.2 A, 480 VAC COM To DAS Inverter #1Carport #1 PV Modules (162) Heliene 156HC-580 M10 SL Bifacial AC Combiner Panel Main Switchgear To Utility Grid 400 A 277/480 VAC, 400 A 300 A AC Disconnect 480 VAC (Nominal), 400 A (Min.) Cutler-Hammer DH365FGK Utility Meter Meter #1010260937 DAS System COM COM COMTo Inverter #1 To Inverter #5 60 A Solis S6-GC36K-US 36 kW, 47.6 A, 480 VAC COM To DAS Inverter #3 60 A Solis S6-GC36K-US 36 kW, 47.6 A, 480 VAC COM To DAS Inverter #4 50 A Solis S6-GC25K-US 25 kW, 33.1 A, 480 VAC COM To DAS Inverter #2 Carport #3 PV Modules (156) Heliene 156HC-580 M10 SL Bifacial Carport #2 PV Modules (51) Heliene 156HC-580 M10 SL Bifacial CT COM To Module Temp Sensor To Irradiance Sensor Project Location: Project Details: City of Cupertino - Sports Center Contractor: Revision History: Engineering Approval: 21111 Stevens Creek Blvd Cupertino, CA 95014 AHJ: Cupertino, City of 214.02 kWstc, 197 kWAC 198.57 kW CEC-AC Utility: PG&E Rev #Date Description 1 3/2/2023 Original 215 Fourier Avenue Fremont, CA, 94539 Suite 140 2 8/9/2024 System Size 3 8/28/2024 Equipment 4 9/4/2024 Equipment City of Cupertino Programming, Cost, and Funding Report Section 2 – Construction Methodology, Equipment, and Conceptual Designs 29 2.3 Project Equipment Lists The following is a description of the major materials utilized in the conceptual design for each of the project locations. Note that this equipment is listed to depict the conceptual design intent, and alternative equipment manufacturers and models may be utilized to meet the minimum requirements detailed in this report. Full Portfolio Equipment List Cupertino Portfolio Equipment List Item Manufacturer Model # / Size Quantity Modules Heliene Inc 156HC-580 M10 SL Bifacial 993 Rapid Shutdown / Optimizers TIGO TS4-A -2F 43 Inverters Solis S5-GC100K-US 2 Inverters Solis S5-GC80K-US 2 Inverters Solis S5-GC75K-US 1 Inverters Solis S5-GC60K-LV-US 1 Inverters Solis S6-GC36K-US 2 Inverters Solis S6-GC25K-US 1 Panelboards TBD 480 VAC, 400A 2 Disconnects TBD 600 VAC, 400 A, Fused 2 Disconnects TBD 240 VAC, 200A, Unfused 1 DAS AlsoEnergy PLCS400 3 EV Chargers TBD 32A/Level 2 7 Community Hall Equipment List Community Hall Equipment List Item Manufacturer Model # / Size Quantity Modules Heliene Inc 156HC-580 M10 SL Bifacial 85 Rapid Shutdown / Optimizers TIGO TS4-A -2F 43 Inverters Solis S5-GC60K-LV-US 1 Disconnects TBD 240 VAC, 200 A, Unfused 1 DAS AlsoEnergy PLCS400 1 City of Cupertino Programming, Cost, and Funding Report Section 2 – Construction Methodology, Equipment, and Conceptual Designs 30 Quinlan Community Center Equipment List Quinlan Community Center Equipment List Item Manufacturer Model # / Size Quantity Modules Heliene Inc 156HC-580 M10 SL Bifacial 539 Inverters Solis S5-GC100K-US 1 Inverters Solis S5-GC80K-US 2 Panelboards TBD 480 VAC, 400 A 1 Disconnects TBD 600 VAC, 400A, Fused 1 DAS AlsoEnergy PLCS400 1 EV Chargers TBD 32A/Level 2 3 Sports Center Equipment List Sports Center Equipment List Item Manufacturer Model # / Size Quantity Modules Heliene Inc 156HC-580 M10 SL Bifacial 369 Inverters Solis S5-GC75K-US 1 Inverters Solis S6-GC36K-US 2 Inverters Solis S6-GC25K-US 1 Panelboards TBD 480 VAC, 400A 1 Disconnects TBD 600 VAC, 400A, Fused 1 DAS AlsoEnergy PLCS400 1 EV Chargers TBD 32A/Level 2 4 City of Cupertino Programming, Cost, and Funding Report Section 3 – Project Specifications and Technology Evaluation 31 Section 3 – Project Specifications and Technology Evaluation 3.1 Technical Specifications General ● All power generation and transmission equipment must be UL listed for its designed use. ● Construction must comply with current adopted State Building Code, as amended by the City of Cupertino, which encompasses: o Most recently adopted California Building Code (CBC) o Most recently adopted California Electric Code (CEC) o Most recently adopted California Green Building Code o Most recently adopted California Energy Code o All other relevant local, state, and national codes ● There must be a minimum 1 -year warranty for all materials and workmanship. ● All labor utilized on the project must meet prevailing wage and apprenticeship requirements in the Inflation Reduction Act required to receive the full direct pay credit. Balance of System Equipment ● Each proposed PV system shall include, at a minimum, one Visible Blade AC disconnect for safety and maintenance concerns. System must comply with all Utility interconnection requirements. ● Rooftop PV systems must include rapid shutdown, as required by code. ● String combiner boxes (if applicable) must include properly sized fusing, and all metal equipment and components must be bonded and grounded as required by the C EC. ● All system wiring and conduit must comply with applicable local code and CEC stipulations. ● Wall penetrations must be sealed in compliance with CEC and National Fire Protection Association (NFPA) regulations. ● All wiring materials and methods must adhere to industry -standard best practices. o The conductors in the circuit between the AC disconnect switch and point of interconnection must be copper (CU). o All conductors shall be provided in conduit appropriate for the conditions in which they are to be located, except conductors between PV modules. o Wiring insulation types shall be appropriate for the conditions in which they are located. City of Cupertino Programming, Cost, and Funding Report Section 3 – Project Specifications and Technology Evaluation 32 ● Material requirements: o Project must meet domestic content threshold for bonus ITC credit under the Inflation Reduction Act. o Fasteners and hardware throughout the systems shall be stainless steel or material of equivalent corrosion resistance. o Racking components and all structural members shall be anodized aluminum, hot-dipped galvanized steel, or material of equivalent corrosion resistance based on appropriate environmental conditions. o Unprotected steel not to be used in any components . o All structural steel and iron must be 100% domestically produced. o Manufactured components must contain 45% (minimum) domestic content across each project location . This domestic content percentage must be 50% (minimum) if the project begins in 2026. o Modules utilized in the project must have a minimum of a 10 - year material warranty and 25-year power output guarantee. o Power output guarantee must include a maximum of 2% first- year degradation and 0.5% annual degradation . o Modules utilized in the project must be from a tier 1 module manufacturer. o Inverters utilized in the project mush have a minimum of a 10- year warranty. Interconnection ● System interconnection must comply with CEC and Utility regulations and must be approved by the local Utility and the Authority Having Jurisdictions (AHJs). ● Interconnection points will be at facility main switchgear locations, per Single Line Diagrams ● Emergency back-up generation may exist on -site and must be factored into proposed PV system electrical plans. ● All placards required by the AHJ, the Utility, and/or State Solar Initiative program must be provided and installed according to SES and CEC guidelines. Monitoring and Reporting Systems ● Monitoring shall include revenue -grade metering of PV system production, a pyranometer, and a module temperature sensor. ● Monitoring system shall include an online portal with a graphical user interface for the city to be able to remotely access site production and weather data. City of Cupertino Programming, Cost, and Funding Report Section 3 – Project Specifications and Technology Evaluation 33 ● Respondent will be responsible for providing all required monitoring communications and power wiring and conduit. System Design and Permitting ● Construction plan set shall include (at a minimum): o Site overview o Detailed array layout with stringing configuration o Mounting and racking details o Details of electrical transmission showing conduit routing and location of electrical enclosures, conduit support details, and enclosure mounting details o Electrical single-line diagram o Electrical three -line diagram o Monitoring plan ● All proposed system designs and construction techniques must be approved by the AHJ ● Wire loss in DC circuits to be < 1.5%. ● Wire loss in AC circuits to be < 3%. ● Minimum 30-year design life for structural members. ● Carports must have a minimum height of 10’. ● Where carport footprints encroach onto existing fire lanes, a minimum structure height of 13’-6” must be maintained. EV Charging Requirements ● Carport projects located in parking lots must have EV chargers and EV-ready spaces installed in accordance with CALGreen Requirements, as amended by the Cupertino Municipal Code. ● EV charging stations must be fed by a dedicated subpanel, with individual dedicated breakers for each charger. Construction ● All electrical enclosures and equipment shall be installed to be readily accessible to qualified personnel only. ● All visible conduits and electrical equipment shall be painted or aesthetically dressed to match existing structures. ● Location of existing underground utilities must be marked by USA/Dig Alert or equivalent private service prior to any underground work. Contractor to utilize Ground Penetrating Radar to locate any private utilities prior to drilling, boring, or trenching. Commissioning ● Systems shall be commissioned in accordance with industry best City of Cupertino Programming, Cost, and Funding Report Section 3 – Project Specifications and Technology Evaluation 34 practices, and include (at a minimum): o Insulation resistance testing o I-V Curve testing o 7-day performance (capacity) testing ● Commissioning shall be completed at the conclusion of the construction phase of the project. ● A commissioning report shall be prepared (encompassing all testing performed, including the above required testing at minimum.) For review and acceptance by the city before final completion of the project. City of Cupertino Programming, Cost, and Funding Report Section 3 – Project Specifications and Technology Evaluation 35 3.2 New Technology Evaluation New technology options were evaluated as a part of this project, though no emerging technologies were selected to be leveraged. One such technology that was investigated was building integrated, transparent coatings for windows which generate solar energy; unfortunately, the sites which have been selected for this project are not particularly well suited to this technology, as there are a limited number of windows at these locations with ideal orientations and good solar access. Additionally, as this is an emerging technology in the marketplace, there are risks inherent in being an early adopter. For a solar PV project, which has an expected lifespan of 30 years, utilizing proven, bankable technologies to ensure that long term value is captured from the syst ems in a predictable fashion is critical to ensure the ongoing viability of the investment. Each site was evaluated as a fit for this technology, though none were selected for the reasons specified below: Community Hall: -No large glass building facades -Significant shading from Library building would reduce solar production Quinlan Community Center: -Significant shading from nearby trees would significantly impact energy production -Not enough available real estate on building facades to meet production needs Sports Center: -No large glass building facades -Significant shading from nearby trees would significantly impact energy production -Not enough available real estate on building facades to meet production needs Thin-film solar modules were an alternative technology that was also considered for the project. The benefits associated with these modules are that they are lower cost and lighter weight. While they do provide excellent benefits, this module type tends to be less efficient and less durable than traditional solar modules. With lower efficiency than traditional modules, more space is required to provide the same electrical output when utilizing the thin -film module option. Due to the desire to maintain as ma ny trees as possible in the project, the additional real estate necessary to utilize this type of module on the project would have likely come at the expense of additional trees needing to be removed. Furthermore, maximizing the system’s durability is a priority on the project to ensure that the system encounters as few issues as possible during its projected 30 -year life cycle. City of Cupertino Programming, Cost, and Funding Report Section 3 – Project Specifications and Technology Evaluation 36 3.3 Energy Storage Evaluation All three project locations were evaluated to determine the feasibility and efficacy of installing a battery to provide site resilience and financial benefits for the city. Batteries can typically provide revenue in two main ways. The first is by capturing low-cost energy at off-peak times and utilizing this energy to offset higher-cost electrical usage during peak times (energy arbitrage.) The second is by discharging energy during high-usage time periods on site to offset electrical demand charges (demand reduction .) Under NEM2, the ability to generate cost savings through energy arbitrage is limited, as the re is little cost differential between on -peak and off-peak energy. Under NEM3, a battery can capture excess energy which would be exported to the utility grid for minimal value, and instead consume this energy on site during high-cost periods. As the average differential between NEM3 exported energy and retail energy prices is significantly larger than the difference in retail price between time periods, there is a vastly expanded opportunity for the energy storage system to provide cost savings when compared with NEM2 through energy arbitrage . As the systems approach the end of the 20 -year NEM2 lock-in period, it is recommended that the addition of a battery to these projects should be reevaluated. Energy storage systems can also be utilized to mitigate electrical demand charges at a project location. Demand charges are levied based on the maximum amount of electrical energy used within any 15 - minute period throughout the billing cycle (typically a m onth.) The batteries can discharge energy during these high-usage intervals, reducing the energy consumed in these windows to reduce the associated demand charge. This benefit tends to complement solar PV systems, as the ability to target these high usage periods is much greater with a controllable resource as opposed to one dependent on available sunlight and weather condition s. PV systems under NEM2 are particularly effective at offsetting energy charges, as excess energy produced during any time period is credited to the customer at close to the retail rate of electricity, with the difference in credited and retail value being equal to the non-bypassable charges associated with consumed energy. This credited value can be used to offset the electrical energy charges accrued during times of the day where the system is not producing energy (i.e. at night.) A solar PV system is much less effective in offsetting demand charges when compared with energy charges. Because demand charges are based on the highest -usage 15-minute interval within a billing period, which does not always occur in -line with solar production, the system will not necessarily offset these charges. Even if the peak site usage coincides with solar production, a new, lower peak will be recorded. The only ways to completely mitigate demand charges are to not import any energy from the utility, or to reduce the demand to a level at which the site becomes eligible for a utility rate schedule which does not include demand charges. As the solar PV system in each location will be on NEM2, the additional financial benefit of a battery is limited; however, there are two project locations (Quinlan Community Center and Sports Center,) where a battery can be utilized to mitigate the site’s electrical demand to the point at which these sites will become eligible for the B1 and B6 rate schedules, which do not include demand charges. For these rate schedules, the marginal electrical costs are rolled into the energy portion of the bill which ca n be directly offset by the PV system, allowing for much greater avoided costs from the system compared with a standalone PV project on a rate schedule which includes demand charges . City of Cupertino Programming, Cost, and Funding Report Section 3 – Project Specifications and Technology Evaluation 37 For the remaining site, the project location is already eligible for an energy-only rate schedule (Civic Center.) The current estimated benefit of cost avoidance utilizing batteries at this location is not sufficient to offset the estimated costs of installing, maintaining, and operating the energy storage system, and therefore is not recommended at this location. The sites were also evaluated to determine how much energy storage would be needed to support backup power for each location for a period of 1 and 2 days (in concert with the planned PV system at each site.) The estimated battery size required for each of these outcomes is shown in the table below: City of Cupertino Battery Evaluation Summary Project Location Rate Change* 1 Day Backup 2 Days Backup Civic Center N/A 300 kWh 575 kWh Sports Center 225 kWh 650 kWh 1,150 kWh Quinlan Community Center 200 kWh 500 kWh 800 kWh *The addition of EV chargers for each of these projects may impact each site’s electrical demand. The power available for use at each charger will need to be managed by a load -management system (in concert with the energy storage system) to ensure car char ging doesn’t adversely impact the ability of the battery to provide the demand reduction necessary to facilitate a rate change. This is a high-level evaluation of what would be needed to support full site backup for the listed durations; there is also flexibility to design a microgrid system to support only critical electrical loads, which would have a significant impact on the bac kup duration that could be provided from a battery of a similar size. In order to design an ideal microgrid for each location, a detailed review of project goals and requirements would need to be undertaken. Of note, in order to accommodate full -facility backup operation of each of these project locations, significant infrastructure upgrades will be necessary – while there are multiple options available to facilitate this full-facility backup, significant reconfigurations and/or upgrades to the electrical capacity of the sites’ switchgears would be necessary. These infrastructure upgrades can likely be mitigated if a smaller scale, critical-load backup was desired in place of full-facility backup. Infrastructure upgrades at the Sports Center and Quinlan Community Center would not be required to utilize the needed size of energy storage system to provide the electrical demand reduction necessary for a change in rate schedule. Upgrades would not be necessary at these locations for demand reduction functionality, as the systems would not need to function during a power outage . As a result, the resources could be connected on the utility’s side of the main breaker, allowing the systems to avoid si ze restrictions in the CEC associated with connections on the customer’s side of the main breaker. Please note that this analysis is based on the customer’s infrastructure – upgrades to utility infrastructure (transformer, service conductors, etc.) may still be required for these options. City of Cupertino Programming, Cost, and Funding Report Section 3 – Project Specifications and Technology Evaluation 38 Appendix A – Equipment Cut Sheets 156HC M10 SL Bifacial Module 156 Half-Cut Monocrystalline 565W – 585W Bifacial Technology Enabling Additional Energy Harvest from Rear Side Half-Cut Design with Split Junction Box Technology 2% First Year Degradation & 0.5% Annual Power Degradation 21% Utilizes the latest M10 size super high efficiency Monocrystalline PERC cells. Half cut design further reduces cell to module (CTM) losses. Hail Resistance Framed Glass-backsheet construction is ideal for Hail resistance upto 55mm. Anti-Reflective Premium solar glass with anti reflective coating delivers more energy throughout the day High Reliability Proven resistance to PID and reliable in high temperature and humidity environments. No Compromise Guarantee 15 Year Product Warranty 25 Year Linear Performance Guarantee World-class Quality • Heliene’s fully automated manufacturing facilities with state-of-the-art robotics and computer aided inspection systems ensure the highest level of product quality and consistency • All manufacturing locations are compliant with international quality standards and are ISO 9001 certified • Heliene modules have received Top Performer rankings in several categories from PV Evolution Labs (PV EL) independent quality evaluations Bankable Reputation • Established in 2010, Heliene is recognized as highly bankable Tier 1 manufacturer of solar modules and has been approved for use by the U.S. Department of Defense, U.S. Army Corps of Engineers and from numerous top tier utility scale project debt providers • By investing heavily in research and development, Heliene has been able to stay on the cutting edge of advances in module technology and manufacturing efficiency Local Sales, Service, and Support • With sales offices across the U.S. and Canada, Heliene prides itself on unsurpassed customer support for our clients. Heliene has become the brand of choice for many of the leading residential installers, developers and Independent Power Producers due to our innovative technology, product customization capability and just in time last-mile logistics support • Local sales and customer support means answered phone calls and immediate answers to your technical and logistics questions. We understand your project schedules often change with little warning and endeavor to work with you to solve your project management challenges 156HC M10 SL Bifacial Module Manufactured Using International Quality System Standards: ISO9001 www.heliene.com 156HC M10 SL Bifacial Module Dimensions for 156HC M10 SL Bifacial Series Modules I-V Curves for 156HC M10 SL Bifacial Series Modules The specifications and key features contained in this datasheet may deviate slightly from our actual products due to the ongoing innovation and product enhancements. Heliene Inc. reserves the right to make necessary adjustment to the information described herein at any time without prior notice. PV modules should be handled and installed only by qualified people. Please carefully read safety and installation instructions available for download from Heliene website before using Heliene PV modules. For warranty details, please refer to Product Warranty Document, also available for download from Heliene website. Electrical Data (STC) Peak Rated Power*Pmpp (W)585 580 575 570 565 Maximum Power Voltage Vmpp (V)45.85 45.64 45.44 45.23 45.02 Maximum Power Current Impp (A)12.77 12.70 12.64 12.58 12.52 Open Circuit Voltage*Voc (V)54.41 54.13 53.86 53.59 53.32 Short Circuit Current**Isc (A)13.50 13.48 13.46 13.44 13.42 Module Efficiency Eff (%)20.9 20.8 20.6 20.4 20.2 Maximum Series Fuse Rating MF (A)30 30 30 30 30 Power Sorting Range [- 0/+3%] Bifaciality Factor***70 ± 5% Mechanical Data Solar Cells 156 Half Cut, M10, 182mm, PERC Cells Module Construction Framed Glass–Backsheet Dimensions (L x W x D)2464 x 1134 x 35 mm (97.01 x 44.65 x 1.38 inch) Weight 31 kg (68.34 lbs) Frame Double Webbed 15-Micron Anodized Aluminum Alloy Glass 3.2mm Low-Iron Content, High-Transmission, PV Solar Glass with Anti Reflective Coating Junction Box IP-68 rated with 3 bypass diodes Output Cables 4mm2 (12AWG), 0.3-meter Symmetrical Cables Optional: 1.2-meter Symmetrical Cables upon request Connectors Multi-Contact/ Stäubli MC4 HSPE_156HC_M10_SL_Bifacial_Rev.02.pdf Temperature Ratings Nominal Module Operating Temperature (NMOT)+45°C (±2°C) Temperature Coefficient of Pmax -0.34%/°C Temperature Coefficient of Voc -0.25%/°C Temperature Coefficient of Isc 0.05%/°C Certifications UL Certification UL61215, UL61730 Maximum Ratings Operational Temperature -40°C to +85°C Max System Voltage 1500V Mech. Load Test (Front)113 psf / 5400 Pa Mech. Load Test (Back)50 psf / 2400 Pa Fire Type Type 1 Electrical Data (NMOT) Maximum Power Pmpp (W)436 432 429 425 421 Maximum Power Voltage Vmpp (V)43.56 43.36 43.17 42.97 42.77 Maximum Power Current Impp (A)10.01 9.97 9.93 9.89 9.85 Open Circuit Voltage Voc (V)51.68 51.43 51.17 50.91 50.66 Short Circuit Current Isc (A)10.91 10.89 10.88 10.86 10.84 NMOT - Nominal Module Operating Temperature: Irradiance at 800W/m2, Ambient Temperature 20ºC, Wind speed 1m/s June 5th, 2024 546W 436W 328W 217W 106W 0 2 4 6 8 10 12 14 16 0 10 20 30 40 50 60 CU R R E N T [ A ] VOLTAGE [V] HELIENE INC. 156HC-585 M10 SL BIFACIAL Incident Irrad. = 1000W/m2 Incident Irrad. = 800W/m2 Incident Irrad. = 600W/m2 Incident Irrad. = 400W/m2 Incident Irrad. = 200W/m2 At NMOT Incident Irrad. = 1000W/m2 0 2 4 6 8 10 12 14 16 0 10 20 30 40 50 60 CU R R E N T [ A ] VOLTAGE [V] HELIENE INC. 156HC-585 M10 SL BIFACIAL Cells temp = 10°C, Pmpp=614W Cells temp = 25°C, Pmpp=585W Cells temp = 40°C, Pmpp=556W Cells temp = 55°C, Pmpp=526W Cells temp = 70°C, Pmpp=494W 6 5 4 3 2 1 6 5 4 3 2 1 A B C D DESCRIPTIONREV.DATE DOCUMENT TITLE: DRAWN BY REVIEWED BY DATE THIRD ANGLE PROJECTION TOLERANCES, UNLESS OTHERWISE SPECIFIED: COPYRIGHT HELIENE: THIS DOCUMENT AND DATA DISCLOSED HEREIN OR HEREWITH IS PROPRIETARY AND MAYNOT BE REPRODUCED, USED OR DISCLOSED IN WHOLE OR IN PART WITHOUT WRITTENPERMISSION FROM HELIENE.C X ± 1 X.X ± 0.1 LINEAR:ANGULAR:X ± 1 X.X ± 0.1 UNIT: MILIMETER(MM) NAME APPROVED BY PART NUMBER:SHEETS: Xinyan Bai DRAWN REVIEWER APPROVER Parth Bhatt 1/1 Krishna Bharatia 2022-10-19 2022-10-19 2022-10-19 156HC M10 SPEC SHEET 00 Initial Release 2022-05-07 35 x 2 4 - Ø7 x 10 Mounting Hole 8 - Ø9 x 14 Mounting Hole 4 - Ø4 Grounding Hole 1134 40 0 80 0 14 0 0 4 x Drainage Holes 5 x 5 8 x Drainage Holes 8 x 3 20 x 2 24 6 4 35 1085 x 6 35 35 35 20 A - A (1:10)B - B (1:10) A A B B 53 2 83 2 10 3 2 Warranty 15 Year Product Warranty 25 Year Linear Power Guarantee Packaging Configuration Modules per Pallet 40’ Container:31 pieces Modules per 40’ Container: 620 pieces Modules per Pallet 53’ Trailer:28 pieces Modules per 53’ trailer: 588 pieces STC - Standard Test Conditions: Irradiation 1000 W/m2 - Air mass AM 1.5 - Cell temperature 25 ºC, *Pmpp Production Tolerance ± 3%, *Voc Production Tolerance ± 3%, **Isc Production Tolerance ± 4% ***Bifaciality Factor= Pmpprear/Pmppfront where Pmpprear and Pmppfront are tested at STC ussales@solisinverters.com 23.6.3 S6-GC(25-60)K-US Solis Three Phase Grid-Tied Inverters Models: S6-GC25K-US / S6-GC33K-US S6-GC36K-US / S6-GC40K-US S6-GC50K-US / S6-GC60K-US Ordering: S6-GC(25-60)K-US • APST (APS MLRSD Transmitter) • RSS (Tigo MLRSD Transmitter) • NEPT (NEP MLRSD Transmitter) 英语 NEWNEW Efficient Smart Safe Economic • Max. efficiency 98.8% (CEC efficiency 98.5%) • String current up to 20A • 3/4 MPPT design, supports multiple orientation system design • Night time PID recovery function, increases overall system yield (optional) • Wide voltage range and low startup voltage • Equipped with external power control interface, supporting zero output power control • Intelligent string monitoring, smart I-V curve scan • Supports RS485, Ethernet, WiFi, Cellular • Scan to register on SolisCloud, supports remote upgrade and control • Type 4X, C5 Anti-Corrosion Level • AFCI protection, proactively reduces fire risk • Intelligent redundant fan-cooling • Integrated module level rapid shutdown transmitter • High quality components from globally recognized suppliers • Integrated DC and AC disconnects • > 1.5 DC/AC ratio • Supports high power modules for lower installation costs • Separable AC wiring box www.solisinverters.com Input DC Max. input voltage 1000 V Rated voltage 720 V Start-up voltage 180 V MPPT voltage range 180-1000 V Max. input current 3*40 A 4*40 A Max. short circuit current 3*63 A 4*63 A MPPT number/Max. input strings number 3/6 4/8 Output AC Rated output power 25 kW 33 kW 36 kW 40 kW 50 kW 60 kW Max. apparent output power 27.5 kVA 36.3 kVA 39.6 kVA 44 kVA 55 kVA 66 kVA Max. output power 27.5 kW 36.3 kW 39.6 kW 44 kW 55 kW 66 kW Rated grid voltage 3Ф/PE, 480 V Rated grid frequency 60 Hz Max. output current 33.1 A 43.7 A 47.6 A 52.9 A 66.2 A 79.4 A Power factor >0.99 (0.8 leading - 0.8 lagging) THDi <3% Efficiency Max. efficiency 98.8% CEC efficiency 98.5% Protection DC reverse-polarity protection Yes Short circuit protection Yes Output over current protection Yes Surge protection DC Type II / AC Type II Grid monitoring Yes Anti-islanding protection Yes Temperature protection Yes Strings monitoring Yes I/V Curve scanning Yes Integrated AFCI (DC arc-fault circuit protection)Yes Integrated PID recovery Optional Integrated DC switch Yes Integrated AC switch Yes General Data Dimensions (W*H*D)30.9*21.6*12.6 in (784*549*320 mm) Weight 96.3 lbs (43.7 kgs)105.4 lbs (47.8 kgs)108.7 lbs (49.3 kgs)110.5 lbs (50.1 kgs) Topology Transformerless Self-consumption (night)<1 W Relative humidity 0-100% Operating ambient temperature range -13°F to 140°F (-25°C to 60°C) Ingress protection TYPE 4X Cooling concept Natural convection Max. operation altitude 13,120 ft (4000 m) Compliance UL1741SB, UL1741SA, IEEE 1547-2018, UL1699B, UL1998, FCC Part15 ClassB, California Rule 21, Heco Rule 14H, NEC 690.12-2020, CAN/CSA C22.2107.1-1 Features DC connection MC4 connector AC connection OT terminal (4 AWG to 3/0 AWG) Display LCD Communication Modbus RTU (Sunspec compliant), RS485, Optional: Cellular, Wi-Fi DATASHEET S6-GC(25-60)K-US Models 25K 33K 36K 40K 50K 60K 30上市 ussales@solisinverters.com S5-GC60K-LV-US Solis Three Phase Grid-Tied Inverters Efficient •8 MPPTs, max. efficiency 98.5% (CEC efficiency 98.1%) •> 1.5 DC/AC ratio •String current up to 16A for higher capacity modules Safe •Type 4X, C5 Anti-Corrosion Level •UL 1741 SB •External signal control function •Integrated nighttime PID recovery for optimal module performance •AFCI protection proactively reduces fire risk •High quality components from globally recognized suppliers Economic •DC side supports "Y" connector•Reduce install cost with UL3741 approved inverter Smart •Intelligent string monitoring, smart I-V curve scan •Remote firmware upgrade via SolisCloud Model: S5-GC60K-LV-US (1) Requires the user to use Solis monitoring Ordering: S5-GC60K-LV-US •APST (APS MLRSD Transmitter) •RSS (Tigo MLRSD Transmitter) •NEPT (NEP MLRSD Transmitter) 360º View DATASHEET S5-GC60K-LV-US www.solisinverters.com Models 60K Input DC Max. input voltage 1000 V Rated voltage 600 V Start-up voltage 195 V Operating voltage range 180-1000 V Full Load MPPT voltage range 400-650 V Max. input current 8x32 A Max. short circuit current 8x50 A MPPT number/Max. input strings number 8/16 Output AC Rated output power 60 kW Max. apparent output power 60 kVA Max. output power 60 kW Rated grid voltage 3Ф/PE, 208 V Rated grid frequency 60 Hz Max. output current 166.5 A Power Factor >0.99 (0.8 leading - 0.8 lagging) THDi <3% Efficiency Max. efficiency 98.5% CEC efficiency 98.1% Protection DC reverse-polarity protection Yes Surge protection DC Type II / AC Type II Ground fault monitoring Yes Anti-islanding protection Yes String monitoring Yes I/V Curve scanning Yes Rapid shutdown Yes Integrated AFCI (DC arc-fault circuit protection) Yes Integrated PID recovery Yes AC/DC integrated switch Yes General Data Dimensions (W*H*D) 41.9*22.3*13.6 in (1065*567*344.5 mm) Weight 200 lbs (91 kgs) Topology Transformerless Self-consumption (night) <2 W Relative humidity 0-100% Operating ambient temperature range -22°F to 140°F (-30°C to +60°C ) Storage environment -40°F to 176°F (-40°C to 80°C) Ingress protection TYPE 4X Cooling concept Intelligent redundant fan-cooling Max. operation altitude 13,120 ft (4000 m) Compliance UL1741SB, IEEE 1547-2018, UL1699B, UL1998, FCC Part15 ClassB, California Rule 21, HECO Rule 14H, NEC 690.12-2020, CAN/CSA C22.2107.1-1 Features DC connection MC4 connector AC connection OT Terminal (max. 350 MCM) Display LCD Communication RS485, Ethernet, Optional: Wi-Fi, Cellular Ordering guidelines: Determine the basic model and add your desired features from above. Ex: S5-GC60K-LV-US-APST (Inverter with APS transmitter) ussales@solisinverters.com S5-GC(75-100)K-US Solis Three Phase Grid-Tied Inverters Models: S5-GC75K-US / S5-GC80K-US S5-GC90K-US / S5-GC100K-US Efficient Smart Safe • 8/9/10 MPPTs, max. efficiency 98.8% (CEC efficiency 98.3%) • > 1.5 DC/AC ratio • String current up to 16A for higher capacity modules • Intelligent string monitoring, smart I-V curve scan • Remote firmware upgrade with simple operation(1) • Type 4X, C5 Anti-Corrosion Level • UL 1741 SA and SB • External signal control function • Integrated nighttime PID recovery for optimal module performance • AFCI protection, proactively reduces fire risk • High quality components from globally recognized suppliers Economic • DC side supports "Y" connector 360º View Ordering: S5-GC(75-100)K-US • APST (APS MLRSD Transmitter) • RSS (Tigo MLRSD Transmitter) • NEPT (NEP MLRSD Transmitter) (1) Requires the user to use Solis monitoring www.solisinverters.com DATASHEET S5-GC(75-100)K-US Models 75K 80K 90K 100K Ordering guidelines: Determine the basic model and add your desired features from above. Ex: S5-GC75K-US-APST (Inverter with APS transmitter) Input DC Max. input voltage 1000 V Rated voltage 600 V Start-up voltage 195 V MPPT voltage range 180-1000 V Max. input current 8*32 A 9*32 A 10*32 A Max. short circuit current 8*50 A 9*50 A 10*50 A MPPT number/Max. input strings number 8/16 9/18 10/20 Output AC Rated output power 75 kW 80 kW 90 kW 100 kW Max. apparent output power 75 kVA 80 kVA 90 kVA 100 kVA Max. output power 75 kW 80 kW 90 kW 100 kW Rated grid voltage 3Ф/PE, 480 V Rated grid frequency 60 Hz Max. output current 90.2 A 96.2 A 108.3 A 120.3 A Power Factor >0.99 (0.8 leading - 0.8 lagging) THDi <3% Efficiency Max. efficiency 98.7%98.8% CEC efficiency 98.3%98.2% Protection DC reverse-polarity protection Yes Surge protection DC Type II / AC Type II Ground fault monitoring Yes Anti-islanding protection Yes Strings monitoring Yes I/V Curve scanning Yes Rapid shutdown Yes Integrated AFCI (DC arc-fault circuit protection)Yes Integrated PID recovery Yes AC switch Yes General Data Dimensions (W*H*D)41.9*22.3*13.6 in (1065*567*344.5 mm) Weight 187 lbs (85 kgs) Topology Transformerless Self-consumption (night)<2 W Relative humidity 0-100% Operating ambient temperature range -22°F to 140°F (-30°C to +60°C ) Storage environment -40°F to 176°F (-40°C to 80°C) Ingress protection TYPE 4X Cooling concept Intelligent redundant fan-cooling Max. operation altitude 13,120 ft (4000 m) Compliance UL1741SB, UL1741SA, IEEE 1547-2018, UL1699B, UL1998, FCC Part15 ClassB, California Rule 21, Heco Rule 14H, NEC 690.12-2020, CAN/CSA C22.2107.1-1 Features DC connection MC4 connector AC connection OT Terminal (max. 350 MCM) Display LCD Communication RS485, Ethernet, Optional: Wi-Fi, Cellular sales@alsoenergy.comv22 ©AlsoEnergy, Inc / 5400 Airport Bvd. Ste. 100 Boulder, CO 80301 USA / 866.303.5668 PLCS 400: Power Light Commercial Solution 400 AlsoEnergy’s vertically-integrated, edge-to-cloud platform includes a cost-effective standardized hardware monitoring solution for light commercial PV systems. The PLCS 400 is designed for 3-phase systems with up to 16 external inverters. Performance data is uploaded to the PowerTrack or LocusNOC applications, which provide a suite of tools and analytics for asset managers. A successor for the Locus LGate 320, the PLCS 400 provides direct monitoring of inverters across all supported inverter technologies. DATA SHEET Product Qualifications • PLCS 400 logs data during daylight hours only; for demand metering applications the PL1000 is recommended • PLCS 400 has a fixed range of supported inverter models for clients using LocusNOC software. The full list of supported inverters is https://kb.alsoenergy.com/article. php?id=1418 Standardized PLCS 400 system includes: • DataLogger with LCD touchscreen display • Energy meter with 3 solid core CTs (revenue grade accuracy) • Weather station with irradiance sensor, mounting bracket, and module temperature sensor • 5 port Ethernet switch • NEMA4 weatherproof enclosure • Optional 4G cell modem (requires a cellular plan) Solution Features • Up to 16 external inverters • Modbus via RS-485 or TCP connections to inverters • Cellular or Ethernet connectivity • Remote firmware updates • 5-minute data granularity • Uploads at 2 hour intervals • Satisfies most US agency reporting requirements • For systems up to 325kW utilizing 480V inverters (140kW @ 208V) • All parts covered with standard AlsoEnergy 5-year warranty (excluding irradiance sensor and cell modem) sales@alsoenergy.comv22 ©AlsoEnergy, Inc / 5400 Airport Bvd. Ste. 100 Boulder, CO 80301 USA / 866.303.5668 ASSEMBLY Enclosure dimensions 15.7" x 15.7" x 7.9" (400mm x 400mm x 200mm) Enclosure rating NEMA4 Operating temperature -13° to 158°F (-25° to 70°C), <95% relative humidity non-condensing Power supply 120-277VAC Ports Three available 10/100 Ethernet ports DATALOGGER Devices supported Up to 16 inverters – only inverters supported as external devices Storage Removable 2GB industrial rated micro SD card Serial RS-485 with integrated 120 ohm termination resistor Primary protocols Modbus TCP, Modbus RTU, most proprietary inverter protocols Touch screen Color, resistive touch screen 2" by 2.75" Warranty Standard 5 year warranty METER Voltage inputs 90-600VAC Accuracy Class 0.5S CTs 3 solid core CTs with 1.25 inch opening; rated input up to 400 Amp CT accuracy ±0.5% revenue grade accuracy Regulatory UL listed 508A Warranty Standard 5 year warranty CELL MODEM Cellular data LTE Cat M1 Warranty 1 year IRRADIANCE SENSOR Pyranometer type Silicon cell with mounting bracket Absolute accuracy ±5% Dimensions 1.12" H x 0.93" D (28.32mm x 23.5mm) Wiring Includes 5 meters of twisted-pair, shielded wire with Santoprene jacket Operating temperature -13° to 131°F (-25° to 55°C) Warranty 1 year against defects in materials and workmanship PANEL TEMPERATURE SENSOR Form Thermal tab disk with 10 ft lead to an outdoor enclosure with a 4-20mA transmitter Sensor type Platinum RTD 1K Mounting Self-adhesive ring for attaching to a solar module Operating temperature -40 to 185°F (-40 to 85°C) Transmitter range Transmitter can be extended 1000 ft from enclosure with 18AWG cable Warranty Standard 5 year warranty Specifications: PLCS-400 / PLCS-400-CM DATA SHEET DOCUMENT 1.5 TABLE OF CONTENTS PAGE GENERAL GENERAL NOTES DRAFTING STANDARDS 0 - 7 1. STREETS RESIDENTIAL STREET SECTIONS (CUL-DE-SACS) 1 - 1 RESIDENTIAL STREET SECTIONS 1 - 2 STANDARD STREET SECTIONS 1 - 4 STANDARD STREET SECTIONS 1 - 6 STANDARD STREET SECTIONS 1 - 8 SPECIAL HILLSIDE SECTIONS 1 - 10 RURAL AND SEMI-RURAL STREET SECTIONS 1 - 11 CUL-DE-SACS 1 - 12 STREET MONUMENT 1 - 14 CURB SECTION 1 - 16 VALLEY GUTTER 1 - 18 SIDEWALK DETAIL 1 - 19 DRIVEWAY – DETACHED SIDEWALK 1 - 20 DRIVEWAY – MONOLITHIC SIDEWALK 1 - 21 DRIVEWAY – MONOLITHIC SIDEWALK OPTION 2 1 - 21B SIDEWALK CORNER TRANSITION 1 - 22 DOWEL CONNECTIONS 1 - 23 CURB RAMP DETAILS 1 - 24 CURB RAMP DETAIL 1 - 26 SIDEWALK TRANSITION 1 - 28 SIDEWALK TRANSITION AROUND EXISTING STREET 1 - 30 CIRCULAR DRIVEWAY DETAIL 1 - 32 TABLE OF CONTENTS PAGE 2 PAGE 2. SIGNS, STRIPING, CHANNELIZATION STREET BARRICADE 2 - 2 OBJECT MARKING DETAIL 2 - 3 ACCESS CONTROL ISLANDS 2 - 16 THROUGH MOVEMENT CONTROL ISLANDS 2 - 18 SIGN POSTS 2 - 20 STREET NAME SIGNS ON TRAFFIC SIGNAL POLES 2 - 21 STREET NAME SIGN MOUNTING ON SIGN POLE 2 - 22 PUBLIC SERVICE BANNER 2 - 24 LANE LINE MARKERS 2 - 26 BIKE LANE DETAILS 2 - 27 PARKING AND AISLES – ONE WAY 2 - 28 PARKING AND AISLES – TWO WAY 2 - 30 PARKING AND AISLES - INDUSTRIAL & DISABLED 2 – 32 3. STORM DROP INLET - CURB OPENING 3 - 2 24” FLAT GRATE DROP INLET 3 - 4 FIELD INLET – SIDE OPENING 3 – 8 CONCENTRIC MANHOLE 3 - 10 ECCENTRIC MANHOLE - 8” - 33” PIPE 3 - 12 ECCENTRIC MANHOLE - 36” - 48” PIPE 3 - 14 ECCENTRIC MANHOLE - 51” PIPE AND LARGER 3 - 16 STANDARD CONNECTION TO MANHOLE WALL 3 - 18 STANDARD CONNECTION TO RCP - 48” & LARGER 3 - 20 TABLE OF CONTENTS PAGE 3 PAGE 4. TRENCHES TRENCH BACKFILL REQUIREMENTS 4 – 24 MICROTRENCHING – DETAIL AND SPECIFICATIONS 4 – 25 5. ELECTROLIERS & ELECTRICAL ELECTROLIER & CONDUIT LOCATION W/SIDEWALK 5 - 2 ELECTROLIER & CONDUIT LOCATION W/O SIDEWALK 5 - 4 ELECTROLIER & CONDUIT LOCATION IN MEDIANS 5 - 6 35 FT. ELECTROLIER STANDARD 5 - 8 30 FT. ELECTROLIER STANDARD 5 - 10 ELECTROLIER FOUNDATION 5 - 12 TRADITIONAL FOUNDATION – MONTA VISTA 5 - 14 CONDUIT INSTALLATION FOR LOOP DETECTOR 5 - 16 TYPE ‘SA’ LOOP INSTALLATION 5 - 17 SPECIAL LOOP INSTALLATION 5 - 18 TYPE QC/CIRCULAR LOOP INSTALLATION 5 - 19 SERVICE DETAIL 5 - 20 LIGHTING NOTES 5 - 22 6. TREE PLANTING PUBLIC RIGHT-OF WAY TREE PROTECTION NOTES 6 - 2 TREE TRUNK PROTECTION 6 - 3 TREE FENCING PROTECTION 6 - 4 TREE PLANTING IN PUBLIC RIGHT OF WAY 6 - 6 TREE PLANTING IN PUBLIC RIGHT OF WAY 6 - 8 TREE PLANTING W/ BUBBLE INSTALLATION 6 - 10 TABLE OF CONTENTS PAGE 4 PAGE 7. SIGHT TRIANGLES CONTROLLED INTERSECTION 7 - 2 UNCONTROLLED INTERSECTION 7 - 4 SIDEWALK CLEARANCE @ DRIVEWAY 7 - 6 8. SPECIAL CONCRETE BLOCK RETAINING WALL 8 - 2 TIMBER RETAINING WALL 8 - 4 CLOSING OF BLOCK 8 - 6 TRAFFIC SIGNAL PHASING 8 - 8 TURF BLOCK 8 - 14 GRASSED WATERWAYS WITH JUTE MAT 8 - 16 STRAW ROLLS 8 - 18 DRIVEWAY DETAIL - DETACHED SIDEWALK SECTION A - A 5/1/2020 5/1/2020 SECTION A - A DRIVEWAY DETAIL - MONOLITHIC SIDEWALK OPTION 2 (For Residential Only) 5/1/2020 9/10/2020 8UB_LIC SERVICE BANNER •.Hanging cable and clips 2' Q.G.. _ A l City supplied � � 1lROMMETl17EAl • ·_ _ r _ rrd __ o( _ _or:=_Jj_s, __ a._lI_;.:_=-"�-9 I @ f u u BANNE.R�\,, DOUBLE� l.�--:..,.,..--,...,--•--. -----.-----�1 STITCHED & DOUBLE WALLED 4" POCKET GROMMET INNER DIAMETER MUST BE 5/8" 1" Min. Inset 3/8 NYLON CORD DETAIL 1-1/4" Max. fC)1 ' . t:NYLCX'J CORD �� ® -------------------------------------------------- Top of banner Loop back Min 12" �Bottom of banner SECTION. A � A .. CITY OF CUPERTINO STANDARD DETAILS APPROVED BY: GENERAL NOTES A. 1/2" diameter support cable with attachment clips (by City). B. 5/8" interior diamete'r grommet >NO SUBSTITUTIONS< 2'- O" O.C. (17 ea.) Q.Double thickness material; 20 oz. D.Double walled reinforced 4" pocket double stitch with # 12 dacron thread: E.Reinforced grommet and cord pocket. Double stitch with #12 dacron thead pocket sized to fit cord and grommets. F.Minimum Letter size - 4" high. High Cqntrast coloring is suggested with bold font. G. H. Wind vents cut across banner - (Minimum of 9, approx. 6" x 6", evenly spaced) . 3/8" Nylon Cord, 34' length, Must be looped and sewn back min 12" on each end. (see detail H above) Cordage must loop around end grommets and secured with stitching DATE: ----------CI TY ENGINEER at each end Secure 3/8" Nylon Cord with cross stitching Stitch ends from top of banner to top of 4" pocket at bottom. H Stitch ends from top of banner to top of 4" pocket at bottom. 5/6/2021 2-24 11/29/2022 5/27/2020 Note: 1- See Tree Protection Requirements (Detail 6-2) for additional tree protection requirements. 2- If there is no existing irrigation, see Tree Protection Requirements for watering requirements. 3- No pruning shall be performed except by approved arborist. 4- Use of this detail in lieu of Detail 6-4 may only be acceptable where installation of fencing will restrict ingress and egress of public streets, sidewalks or pathways that are to remain open. Approval by the Director of Public Works, or his or her designee, is required prior to use of this standard. Wrap tree with 2x4 boards and wire against trunk. CITY OF CUPERTINO STANDARD DETAIL Approved By_____________________________________ Date_________ City Engineer 6-35/27/2020 Tree Protection Area shall be 6 times the DBH of the tree in all directions from the face of the trunk. 4' - 0 " Maintain existing grade with the tree protection fence unless otherwise approved by the city. 2" x 6' steel posts or approved equal driven into the ground. Tree Protection fence: 4' High, clearly visible, mounted on steel posts installed at 8' on center. 5" thick layer of mulch. Notes: 1- See Tree Protection Requirements (Detail 6-2) for additional tree protection requirements. 2- If there is no existing irrigation, see Tree Protection Requirements for watering requirements. 3- No pruning shall be performed except by an approved arborist. 4- No equipment shall operate inside the protective fencing including during fence installation and removal. 5- Any modification must be approved by the Director of Public Works. KEEP OUT TREE PROTECTION AREA 8.5" x 11" sign laminated in plastic. A minimum of one sign for each facing direction of the fence. City of Cupertino Standard Detail Approved By__________________________________Date________ City Engineer 6-45/27/2020 Photovoltaic Systems Design and Installation Project SUBCONTRACTOR LIST Project 2025-02 Page 1 Subcontractor List For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1% of the Bidder’s total Base Bid,1 the bidder must list a description of the Work, the name of the Subcontractor, its California contractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the Base Bid price. DESCRIPTION OF WORK SUBCONTRACTOR NAME CALIFORNIA CONTRACTOR LICENSE NO. LOCATION OF BUSINESS DIR REG. NO. PERCENT OF WORK Electrical McMillan Electric C-10 268179 San Francisco 1000027060 46% Structural Teichert Solar A, C46, C10, C31, B. 10 51985 Sacramento 1000390054 17% Geotechnical Quantum Geotechnical, Inc. N/A San Jose 1000050323 1% END OF SUBCONTRACTOR LIST 1 For street or highway construction, this requirement applies to any subcontract of $10,000 or more. DOCUMENT 1.7 - SUBCONTRACTOR LIST Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 11 General Conditions Article 1 – Definitions Definitions. The following definitions apply to all of the Contract Documents unless otherwise indicated, e.g., additional definitions that apply solely to the Specifications or other technical documents. Defined terms and titles of documents are capitalized in the Contract Documents, with the exception of the following (in any tense or form): “day,” “furnish,” “including,” “install,” “work day” or “working day.” Allowance means a specific amount that must be included in DBE's Proposal for a specified purpose (if applicable). Architect of Record means the architect retained by DBE with authority to stamp the final Construction Documents provided by DBE. Article, as used in these General Conditions, means a numbered Article of the General Conditions, unless otherwise indicated by the context. Bridging Documents means the documents containing City’s design and construction criteria for the Project as further detailed in Article 3, and as attached to or incorporated into the RFP, including any City-approved modifications thereto. Change Order means a written document duly approved and executed by City, which changes the scope of Services or Work, the Contract Price, or the Contract Time. City means the City of Cupertino, acting through its City Council, officers, employees, City Engineer, and any other authorized representatives. City Engineer means the City Engineer for City and his or her authorized delegee(s). Claim means a separate demand by DBE for a change in the Contract Time or Contract Price, that has previously been submitted to City in accordance with the requirements of the Contract Documents, and which has been rejected by City, in whole or in part; a written demand by DBE disputing a unilateral Change Order or a portion thereof; or a written demand by DBE objecting to the amount of Final Payment. Construction Documents means the final City-approved Design Documents for constructing the Project. Construction Manager means the designated representative(s) of the City, which are retained under separate contract with the City to provide construction management services for the Project, including but not limited to Construction Inspection Services. Construction Phase means the period during which Work is performed to construct the Project, beginning with City's issuance of a Notice to Proceed with Construction Services. Construction Services means all of the Work required to construction the Project based on the City-approved Design Documents, excluding the Design Services, but including all of the services required to be provided or customarily provided by or under the direction of a licensed general contractor. Contract means the signed design-build contract between City and DBE and the Contract Documents incorporated therein. DOCUMENT 1.8 - GENERAL CONDITIONS Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 12 Contract Documents means, collectively, all of the documents listed in Section 1 of the Contract. Contract Price means the total compensation to be paid to DBE for performance of the Design Services and the Construction Services as set forth in Section 3 of the Contract and as may be amended by Change Order. Contract Time means the time specified for completion of the Project, as set forth in Section 4 of the Contract and as may be amended by Change Order. Day means a calendar day unless otherwise specified. Design-Build Entity (or DBE) means the corporation, limited liability company, partnership, joint- venture, or other legal entity that provides appropriately licensed contracting, architectural, and engineering services pursuant to the Contract and DBE’s Proposal. Design-Build Team (or DB Team) means the DBE itself and the other individuals and entities identified in DBE’s Proposal as members of its DB Team, including the general contractor and required Subcontractors. Design Development Documents means intermediate design documents based on the Bridging Documents. Design Documents means, collectively, the City-approved plans and specifications developed for construction of the Project based on the Bridging Documents, including Design Development Documents, and Construction Documents. Design Phase means the period during which the Design Services are provided, which begins upon the City's issuance of a Notice to Proceed with Design Services and concludes upon City approval of the final Construction Documents. Design Professional means any architect, including the Architect of Record, engineer, landscape architect, or land surveyor licensed and in good standing under the applicable provisions of the California Business and Professions Code, who is retained or employed by DBE to provide Design Services for the Project, based on his or her licensed authority. Design Services means all services necessary to design the Project in conformance with the Bridging Documents, including development of the Design Documents and all services required to be provided by or customarily provided under the direction of a licensed architect or other Design Professional, including services provided by Design Professionals during the Design Phase and Construction Phase and Pre-Construction Services, but excluding the Construction Services. DIR means the California Department of Industrial Relations. Engineer means the City Engineer for the City of Cupertino and his or her authorized delegees. Engineer of Record means the engineer retained by DBE with authority to stamp the final Construction Documents provided by DBE. Excusable Delay is defined in Section 5.3(B), Excusable Delay. Final Completion means DBE has fully completed all of the Work required by the Contract Documents, including all punch list items and commissioning, and has provided all required submittals, including the instructions and manuals, and as-built drawings to City’s satisfaction. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 13 Final Payment means City’s payment to DBE of the unpaid Contract Price, following City acceptance of the Project, including release of undisputed retention, but excluding amounts withheld pursuant to the Contract Documents, including liquidated damages, up to 125% of the amount of any unreleased stop notice, amounts subject to setoff, and up to 150% of any amount in dispute as authorized by Public Contract Code § 7107. Furnish means to purchase and deliver for the Project. Government Code Claim means a claim submitted pursuant to California Government Code § 900 et seq. Hazardous Materials means any substance or material identified now or in the future as hazardous under any Laws, or any other substance or material that may be considered hazardous or otherwise subject to Laws governing handling, disposal, or cleanup. Including, whether or not capitalized, means “including, but not limited to,” unless the context requires otherwise. Inspector means the individual(s) or firm(s) retained by City to inspect the workmanship, materials, and manner of construction of the Project and its components to ensure compliance with the Contract Documents and all Laws. Install means to fix in place for materials, and to fix in place and connect for equipment. Laws means all applicable local, state, and federal laws, regulations, rules, codes, ordinances, permits, orders, and the like enacted or imposed by or under the auspices of any governmental entity with jurisdiction over the Project or any portion of the Project. Non-Excusable Delay is defined in Section 5.3(C), Non-Excusable Delay. Pre-Construction Services mean those Services which are preliminary to commencement of the Construction Services, including, but not limited to, investigation and preparatory work, constructability assessment, cost estimating, value engineering, provision of schedules, and all activities to ensure seamless transition of the Project through design to the start of construction, such as timely execution of any and all communications, notifications, and meetings necessary to convey information and respond to questions during this phase. Project means the Cupertino Photovoltaic Systems Design and Installation Project. Project Manager means the individual designated by City to oversee and manage the Project on City’s behalf and may include his or her authorized delegee(s) when the Project Manager is unavailable. If no Project Manager has been designated for this Project, any reference to Project Manager is deemed to refer to the Engineer. Proposal means the Proposal dated December 23, 2024, submitted by DBE in response to City’s Request for Proposals. Recoverable Costs is defined in Section 5.3(G), Recoverable Costs. Request for Proposals (or RFP) means the request for proposals issued by City on November 15, 2024, soliciting proposals for design-build delivery of this Project, and includes any addenda thereto. Section when used in these General Conditions, means a numbered Section of the General Conditions, unless otherwise indicated by the context. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 14 Services means, collectively, all of the Design Services and all of the Construction Services which must be performed to completely design and construct the Project in accordance with the Contract Documents, including labor, materials, supplies, and equipment. Skilled and Trained Workforce has the same meaning as subdivision (d) of Public Contract Code § 2601. Specifications, whether or not capitalized, means the technical specifications in the City- approved final Construction Documents for the Project, unless otherwise indicated by the context (e.g., development of specifications for approval during the Design Phase). Subcontractor means all licensed contractors, of any tier, retained by DBE or any member of the DB Team to provide the Construction Services. Subconsultant means any professional retained by DBE or a member of the DB Team to provide Services other than Construction Services. Work means all of the Services necessary for or incidental to completing the Project based on the City-approved Construction Documents in conformance with the requirements of the Contract Documents. Work Day or Working Day, whether or not capitalized, means a weekday when the City is open for business, and does not include holidays observed by the City or furlough days when City staff is unavailable. If a holiday falls on a Saturday, the preceding Friday will be the holiday. If a holiday falls on a Sunday, the following Monday will be the holiday. Holidays observed by the City and furlough days are: a. New Year’s Day, January 1; b. Martin Luther King Jr.’s Birthday, third Monday in January; c. Lunar New Year, date varies – January 29, 2025, and February 17, 2026; d. Presidents’ Day, third Monday in February; e. Cesar Chavez Day, March 31 or April 1 observed f. Memorial Day, last Monday in May; g. Juneteenth, June 19 h. Independence Day, July 4; i. Labor Day, first Monday in September; j. Veterans’ Day, November 11; k. Thanksgiving Day, as designated by the President; l. The Day following Thanksgiving Day; m. Christmas Day, December 25; n. City Closure, December 24, 26, 27,28,29,30 and 31: and each day appointed by the Governor of California and formally recognized by the Santa Clara County Board of Supervisors as a day of mourning, or special observance. Worksite means the place or places where the Work is performed, which includes, but may extend beyond the Project site, including separate locations for staging, storage or fabrication. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 15 Article 2 – Roles and Responsibilities 2.1 Relationship with City. DBE accepts the relationship of trust and confidence established between it and City under this Contract. DBE agrees to provide the Services necessary for the complete design and construction of the Project and to use its best efforts to complete the Project in the best and soundest way and in the most efficient and economical manner consistent with the City’s objectives as expressed in the RFP and Bridging Documents, and in compliance with Laws. (A) Acting on Behalf of City Prohibited. Neither DBE, members of the DB Team, nor any of their agents or employees may act on behalf of or in the name of City except as authorized in writing by City. (B) Conflicts of Interest. DBE must perform its obligations with integrity and avoid conflicts of interest in violation of Laws, including conflicts of interest pertaining to any person or entity that provided services to the City relating to the solicitation of design- build services. (See Public Contract Code § 22162.) (C) City Representatives. (1) City Council. The City Council has final authority in all matters affecting the Project, except to the extent it has delegated authority to the Engineer. (2) City Engineer. The City Engineer, acting within the authority conferred by the City Council, is responsible for administration of the Project on behalf of City, including authority to provide directions to the Design Professional and to DBE to ensure proper and timely completion of the Project. The City Engineer’s decisions are final and conclusive within the scope of his or her authority, including interpretation of the Contract Documents. (3) Project Manager. The Project Manager assigned to the Project will be the primary point of contact for the DBE and will serve as City’s representative for daily administration of the Project on behalf of City, assisted by the Construction Manager consultant. The Construction Manager will be the DBE's primary point of contact for communication and submittals. Unless otherwise specified, all communications and submittals (in any form) should be directed to the Construction Manager and copied to the Project Manager. City reserves the right to reassign or replace the Project Manager or Construction Manager at any time or to delegate his or her duties to additional City representatives without prior notice to or consent of the DBE. 2.2 Scope of Services. DBE is responsible for procuring or providing all of the Services necessary for the Project as specified in the Contract Documents, including all labor, materials, equipment and incidentals necessary to timely complete the Project in strict accordance with the Contract Documents and with minimal inconvenience or risk to the public. DBE must exercise reasonable skill and judgment in the procurement and provision of the Services, consistent with the applicable industry practices, Laws, and the terms and conditions of the Contract Documents. Services include, but are not limited to, design, construction, and coordination with all agencies and entities necessary to complete the project as required to comply with the Pacific Gas and Electric (PG&E) Net Energy Metering (NEM) 2.0 interconnection permit applications, and to ensure successful completion of the project by the deadlines established by the NEM 2.0 requirements. Work will also include preparation of the documentation and assistance necessary to ensure the City's successful application for Inflation Reduction Act rebates. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 16 2.3 Design Services. DBE must provide all architectural, engineering, and related professional services necessary for the Project during both the Design Phase and the Construction Phase, including design of the Project based on the Contract Documents, which may include development or preparation of plans, sections, and elevations; criteria and sizing of components; equipment sizes, capacities, and layouts; typical details; materials selections; investigation of or measured drawings of existing conditions or improvements; verification of the accuracy of any City-provided drawings (including the Bridging Documents) or other information on existing conditions; surveys; site evaluations; cost estimates; Pre-Construction Services; and preparation of models, renderings, or mock-ups. (A) Design Professionals. Architectural, landscape architectural, engineering, and land surveying services must be provided by licensed, independent Design Professionals employed by or retained by DBE or members of the DBE Team, or as permitted by Laws. DBE may not engage the services of any Design Professional for this Project, including but not limited to firms or individuals serving as Architect of Record or Engineer of Record, or providing other Design Services, without obtaining City’s prior written approval, which approval will not be unreasonably withheld. City’s approval will not be deemed to create any contractual relationship between City and any such Design Professional, except that City must be considered a third-party beneficiary of the Design Professional’s services for the Project. City’s approval of the Construction Documents will not operate to shift liability for errors and omissions from DBE to City. DBE is solely responsible for any and all costs incurred due to errors and omissions in the Construction Documents. (1) Bridging Documents. All Design Services must be consistent with and guided by the Bridging Documents. (2) Ongoing Design Services. The Design Professional(s) must provide ongoing Design Services as needed during the Construction Phase, including interpretation and clarification of all drawings and specifications prepared by the Design Professional(s), and preparation of documents for proper execution of the Work, including Change Orders. (B) Project Schedule. Within 10 days following the date of the City’s Notice to Proceed with Design Services, DBE must prepare, and submit for City’s review and approval, a preliminary Project Schedule showing the timing and sequencing of all Services required to design and construct the Project. The preliminary Project Schedule should include development and approval of Design Documents; DBE’s procurement of permits and utility services; procurement of Subcontractors; submission and approval of construction cost estimate updates; construction; Final Completion; submission of as- builts; as well as any other milestones applicable to the Project as may be further specified in the Notice to Proceed with Design Services. (1) Schedule Updates. The Project Schedule must be updated for City’s review and approval as further specified in the Contract Documents. (2) Assumptions for City Review Times. The Project Schedule and all updates should reflect the following assumptions for City review: (a) Assume a minimum review period of one week following submittal of 100% Design Development Documents and 100% Construction Documents pursuant to subsection (C), below, plus an additional week to revise and resubmit if requested by City. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 17 (b) Assume a minimum review period of one week following submittal of any permit drawings, plus an additional week to revise and resubmit if requested by City. (c) Assume the following City Building Department plan check review periods for all required permits (including trade permits): 21 calendar days for initial plan check review, and 15 calendar days for each subsequent review. (d) The assumptions set forth above are provided solely for scheduling purposes and do not bind the City to complete its review of any submittal within the assumed time, and the assumed times do not account for delays attributable to DBE's incomplete or non-compliant submittals. (C) Design Documents. DBE must prepare, and submit for City’s review and approval, Design Documents based on and consistent with the Bridging Documents. Any deviation from or inconsistency from the Bridging Documents must be approved in writing in advance by City. The Design Documents must also comply with City’s Standard Details, to the extent applicable to the Project, as determined by the Engineer. The Design Documents must be developed and submitted for City’s review and approval at completion of each design phase as specified below. City’s approval of the Design Documents at any phase, including final approval of the Construction Documents, does not operate as a waiver of any deviations from the Bridging Documents that specifically were not approved by City. City retains the right at all times to condition approval on design modifications to ensure the Project is completed within budget and suited for its intended purposes. (1) Contents. The Construction Documents must set forth in detail the quality levels of and the requirements for construction of the Project and must comply with all applicable Laws in effect at the time of their preparation. (2) Design Documents Development. When submitting the Design Documents to City at each stage of development, DBE must identify in writing all material changes and deviations from the Bridging Documents or previously approved version of the Design Documents. Two printed sets and one reproducible set of Design Documents must be provided to City at each submittal. Each submittal and resubmittal must be accompanied by an updated version of the Project Schedule required pursuant to Section 2.3(B), above, clearly indicating and explaining any modifications from the prior schedule submission. DBE must submit Design Documents to City for City’s review and approval as follows: (a) Design Development Phase (100%). Within 5 weeks after City's after issuance of the Notice to Proceed with Design Services, DBE must submit Design Development Documents, including and incorporating all City modifications, as applicable. The Design Development Documents should include, at a minimum, more detailed site improvement plans, plans, sections, elevations with full dimensions, details, and outline material specifications. Following City review, DBE must incorporate any modifications, additions or deletions required by City prior to the next submission. (b) Construction Document Phase (100%). Within 12 weeks after City's approval or conditional approval of the Design Development Documents, DBE must submit Construction Documents for approval by City. The Construction Documents should include all pertinent details and information for planning review, permitting, and construction of the Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 18 Project. Following City review and comment, DBE must incorporate any modifications, additions or deletions required by City before resubmitting the Construction Documents for final approval. DBE may not proceed with any of the Construction Services until City has approved the Construction Documents as final and issued the Notice to Proceed with Construction Services, unless and to the extent that City provides written authorization for DBE to commence specific portions of the Work, e.g., preliminary site work, prior to final approval. (3) Substitutions. Any specification in the Bridging Documents or in the City- approved final Construction Documents designating a material, product, thing or service (collectively, an “item”) by specific brand or trade name, followed by the words “or equal,” is intended only to indicate quality and type of item desired, and DBE may request use of any equal item. A request for substitution of an item specified in the Bridging Documents must be submitted to City for approval with the Design Development Documents. All data substantiating the proposed substitute as an equal item must be submitted with the written request for substitution. DBE has the burden of proving the equality of the proposed substitution. The City has sole discretion to determine whether a proposed substitution is equal, and the determination is final. (D) Ownership of Documents. No portion of the Contract Documents may be used for any purpose other than construction of the Project, without prior written consent from City. DBE is deemed to have conveyed the copyright in any Design Documents (at any stage of development), Shop Drawings, as-builts, or other documents (in paper or electronic form) developed by DBE for the Project, and City will retain all rights to such works, including the right to possession. (1) Ownership of Tangible Documents. City must receive ownership of all documents, plans, drawings, specifications, electronic data and information prepared, provided or procured by DBE, as part of the Design Services.  Electronic computer-aided design (CAD) files of all drawings and specifications are required deliverables at 100% design development and 100% construction document phases. If the project CAD files were created in Revit or similar Building Information 3D modeling (BIM) software, the deliverables at each phase shall include the Revit model as well as CAD files exported from that model. If the project CAD files were created in AutoCAD or similar 2D modeling software, the deliverables at each phase shall include the CAD files with all X references bound (sic: binding) to the files.  All CAD and BIM files delivered by the DBE shall adhere to the specified project standards, including accurate geometry, consistent naming conventions, proper layer organization, and appropriate levels of detail (LOD), ensuring compatibility with project workflows and facilitating seamless integration with other disciplines; any discrepancies or quality issues shall be subject to review and correction by the City or designated representative, with non-compliant files requiring revision until meeting the defined quality standards. (2) Use of Documents in Event of Termination. In the event of a termination of this Contract, City will have the right to use, to reproduce, and to make derivative works of the Design Documents (at any stage of development) to complete the Project. (3) City’s Use of Documents After Completion of Project. After completion of the Project, City may reuse, reproduce or make derivative works from the Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 19 Construction Documents for the purposes of maintaining, renovating, remodeling or expanding the Project at the Worksite. (4) Right to Use. DBE will obtain from its Subcontractors and Subconsultants rights and rights of use that correspond to the rights given by DBE to City in this Contract and DBE must provide evidence that such rights have been secured. (E) Subconsultants. DBE must provide duly qualified, licensed, and competent Subconsultants, administration, staff, and skilled workforce necessary to perform and timely complete the Design Services in accordance with the Contract Documents. 2.4 Construction Services. DBE must provide all Construction Services and Work necessary for the Project, including hiring and coordination of all Subcontractors, close- out services, and warranty work. (A) General. DBE must provide all labor, materials, supplies, equipment, services, and incidentals necessary to perform and timely complete the Work in strict accordance with the Contract Documents, and in an economical and efficient manner in the best interests of City, and with minimal inconvenience to the public. (B) Responsibility for the Work and Risk of Loss. DBE is responsible for supervising and directing all aspects of the Work to facilitate the efficient and timely completion of the Work. DBE is solely responsible for and required to exercise full control over the Work, including the construction means, methods, techniques, sequences, procedures, safety precautions and programs, and coordination of all portions of the Work with that of all other contractors and Subcontractors, except to the extent that the Contract Documents provide other specific instructions. DBE’s responsibilities extend to any plan, method or sequence suggested but not required by City or specified in the Contract Documents. From the date of commencement of the Work until either the date on which City formally accepts the Project or the effective date of termination of the Contract, whichever is later, DBE bears all risks of injury or damage to the Work and the materials and equipment delivered to any Worksite, by any cause including fire, earthquake, wind, weather, vandalism, or theft, subject to the limitations of Laws, including Public Contract Code § 7105. (C) Construction Administration. DBE must provide sufficient and competent Subcontractors, administration, staff, and Skilled and Trained Workforce necessary to perform and timely complete the Construction Services in accordance with the Contract Documents. Before starting the Work, DBE must designate in writing and provide complete contact information, including telephone numbers and email address, for the officer or employee in DBE’s organization who is to serve as DBE’s primary representative for the Project, and who has authority to act on DBE’s behalf. A Subcontractor may not serve as DBE’s primary representative. (D) On-Site Superintendent. DBE must, at all times during performance of the Construction Services, provide a qualified full-time superintendent acceptable to City, and assistants, as necessary, who must be physically present at the Project site while any aspect of the Work is being performed. The superintendent must have full authority to act and communicate on behalf of DBE, and DBE will be bound by the superintendent’s communications to City. City’s approval of the superintendent is required before the Construction Phase commences. If, at any time, City is not satisfied with the superintendent’s performance, City may request a qualified replacement of the superintendent. Failure to comply may result in temporary suspension of the Work, at DBE’s sole expense and with no extension of Contract Time, until an approved Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 20 superintendent is physically present to supervise the Work. DBE must provide written notice to City, as soon as practicable, before replacing the superintendent. (E) Standards. DBE must, at all times, ensure that the Work is performed in a good workmanlike manner and in full compliance with the Contract Documents and all applicable Laws and applicable manufacturer’s recommendations. DBE has a material and ongoing obligation to provide true and complete information, to the best of its knowledge, with respect to all records, documents, or communications pertaining to the Project, including oral or written reports, statements, certifications, Change Order requests, or Claims. (F) Meetings. DBE, its project manager, superintendent, and any primary Subcontractors and suppliers requested by City, must attend a Preconstruction Conference before beginning Work on the Project, and will also be required to attend regular progress meetings, as further specified below and as may be otherwise specified in the Notice to Proceed with Construction Services. City will notify DBE in advance of the date, time, place and required attendees for the Preconstruction Conference and progress meetings and will provide and administer the agenda. DBE is responsible for notifying its major Subcontractors and suppliers, and other required attendees, as applicable, of the date, time and place for the Preconstruction Conference and progress meetings; for providing them with the City’s agenda; and for requiring their attendance at these meetings. If applicable, DBE may also be required to participate in coordination meetings with other parties relating to other work being performed on or near the Project site or in relation to the Project, including work or activities performed by City, other contractors, or other utility owners. (1) Preconstruction Conference. The Preconstruction Conference agenda items may include schedules, personnel and vehicle permit procedures, use of the premises, locations for staging area(s) and jobsite trailers, security, housekeeping, submittal and RFI procedures, Project forms and procedures, inspection and testing procedures, utility shutdown procedures, control and reference point procedures, injury and illness prevention program, DBE’s schedule of values, DBE’s schedule of submittals, and such other matters that the City deems necessary to address before the Work begins. (2) Progress Meetings. During the course of the Construction Phase, progress meetings will be conducted on a weekly basis by the City and at DBE’s on-site office, unless otherwise specified. Progress meeting agenda items may include review of past meeting minutes, review of Work in progress since previous progress meeting, schedule status and updates, status of submittals or change orders, worker safety, and other such matters pertaining to the progress of the Work. (G) Construction Records. DBE will maintain up-to-date, thorough, legible, and dated daily job reports, which document all significant activity on the Project for each day that Work is performed on the Project. The daily report for each day must include the number of workers at the Project site; primary Work activities; major deliveries; problems encountered, including injuries, if any; weather and site conditions; and delays, if any. DBE will take date and time-stamped photographs to document general progress of the Project, including site conditions prior to construction activities, before and after photographs at offset trench laterals, existing improvements and utilities, damage and restoration. DBE will maintain copies of all subcontracts, Project-related correspondence with Subcontractors, and records of meetings with Subcontractors. Upon request by the City, DBE will permit review of and/or provide copies of any of these construction records. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 21 (H) Responsible Party. DBE is solely responsible to City for the acts or omissions of any party or parties performing portions of the Work or providing equipment, materials or services for or on behalf of DBE or its Subcontractors. Upon City’s written request, DBE must promptly and permanently remove from the Project, at no cost to City, any employee or Subcontractor or employee of a Subcontractor who the City Engineer has determined to be incompetent, intemperate or disorderly, or who has failed or refused to perform the Work as required under the Contract Documents. (I) Correction of Defects. DBE must promptly correct, at DBE’s sole expense, any Work that is deficient or defective in any way, including workmanship, materials, parts or equipment. Workmanship, materials or equipment that do not conform to the requirements under the Contract Documents, as determined by City, will be considered defective and subject to rejection. DBE must also promptly correct, at DBE’s sole expense, any Work performed beyond the lines and grades authorized or approved by City, and any Extra Work performed without City’s prior written approval. If DBE fails to correct or to take reasonable steps toward correcting defective Work within five days following notice from City, or within the time specified in City’s notice to correct, City may elect to have the defective Work corrected by its own forces or by a third party, in which case the cost of correction will be deducted from the Contract Price. If City elects to correct defective Work due to DBE’s failure or refusal to do so, City or its agents will have the right to take possession of and use any equipment, supplies, or materials available at the Project site or any Worksite on City property, in order to effectuate the correction, at no extra cost to City. DBE’s warranty obligations under Section 11.2, Warranty, will not be waived nor limited by City’s actions to correct defective Work under these circumstances. Alternatively, City may elect to retain defective Work, and deduct the difference in value, as determined by the Engineer, from payments otherwise due to DBE. This paragraph applies to any defective Work performed by DBE during the one- year warranty period under Section 11.2. (J) DBE’s Records. DBE must maintain all of its records relating to the Project in any form, including paper documents, photos, videos and electronic records. Project records subject to this provision include, but are not limited to, daily reports, Project cost records and records relating to preparation of DBE’s Proposal. (1) DBE’s cost records must include all supporting documentation, including original receipts, invoices, and payroll records, evidencing its direct costs to perform the Work, including, but not limited to, costs for labor, materials and equipment. Each cost record should include, at a minimum, a description of the expenditure with references to the applicable requirements of the Contract Documents, the amount actually paid, the date of payment, and whether the expenditure is part of the original Contract Price, related to an executed Change Order, or otherwise categorized by DBE as extra work. DBE’s failure to comply with this provision as to any claimed cost operates as a waiver of any rights to recover the claimed cost. (2) DBE must continue to maintain its Project records in an organized manner for a period of five years after City’s acceptance of the Project or following termination, whichever occurs first. Subject to prior notice to DBE, City is entitled to inspect or audit any of DBE’s Project records relating to the Project or to investigate DBE’s plant or equipment during DBE’s normal business hours. DBE’s records may also be subject to examination and audit by the California State Auditor, pursuant to Government Code § 8546.7. The record-keeping requirements set forth in this subsection 2.2(J) will survive expiration or termination of the Contract. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 22 (L) Copies of Contract Documents. DBE and its Subcontractors must keep copies, at the Project site, of all Work-related documents, including the Contract, permit(s), Construction Documents, Contract amendments, Change Orders, RFIs and RFI responses, Shop Drawings, as-built drawings, schedules, daily reports, testing and inspection reports or results, and any related written interpretations. These documents must be available to City for reference at all times during construction of the Project. 2.5 Subcontractors. (A) General. All Work which is not performed by DBE with its own forces will be performed by its Subcontractors. Except for Subcontractors listed in the DBE’s Proposal, DBE must award subcontracts with a value exceeding one half of one percent of the Contract Price for Construction Services in compliance with Public Contract Code § 22166(b), including public notice. All Subcontractors bidding on contracts for the Work must be afforded the protections contained in the Subletting and Subcontracting Fair Practices Act (Public Contract Code § 4100 et seq.). DBE must provide each Subcontractor with a complete set of the Construction Documents and any approved modifications thereto. City reserves the right to approve or reject any and all Subcontractors proposed to perform the Work. (B) Contractual Obligations. DBE must require every Subcontractor to be bound to the provisions of the Contract Documents as they apply to the Subcontractor’s portion(s) of the Work, and to likewise bind their subcontractors or suppliers. DBE will provide that the rights that each Subcontractor may have against any manufacturer or supplier for breach of warranty or guarantee relating to items provided by the Subcontractor for the Project, will be assigned to City. Nothing in these Contract Documents creates a contractual relationship between a Subcontractor and City, but City is deemed to be a third-party beneficiary of the contract between DBE and each Subcontractor. (C) Termination. If the Contract is terminated, each Subcontractor’s agreement must be assigned by DBE to City, subject to the prior rights of any surety, but only if and to the extent that City accepts, in writing the assignment by written notification, and assumes all rights and obligations of DBE pursuant to each such subcontract agreement. (D) Substitution of Subcontractor. If DBE requests substitution of a listed Subcontractor under Public Contract Code § 4107, DBE is solely responsible for all costs City incurs in responding to the request, including legal fees and costs to conduct a hearing, and DBE is also solely responsible for any resulting increase in subcontracting costs. 2.6 Coordination of Work. (A) Concurrent Work. City reserves the right to perform or to have performed other work on or adjacent to the Project site while the Work is being performed. DBE is responsible for coordinating its Work with other work being performed on or adjacent to the Project site, and must avoid hindering, delaying, or interfering with the work of other contractors and subcontractors. To the full extent permitted by law, DBE must hold harmless and indemnify City against any and all claims arising from or related to DBE’s avoidable, negligent, or willful hindrance of, delay to, or interference with the work of any utility company or agency or another contractor or subcontractor. (B) Defects. Before proceeding with any portion of the Work affected by the construction or operations of others, DBE must give City prompt written notification of any defects DBE discovers which will prevent the proper execution of the Work. Failure to Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 23 give notice of any such known defects will be deemed acknowledgement by DBE that the work of others is not defective and will not prevent the proper execution of the Work. 2.7 Submittals. Unless otherwise specified, DBE must submit to the City Engineer for review and acceptance of all schedules, Shop Drawings, samples, product data and similar submittals required by the Contract Documents, or upon request by the City Engineer. Unless otherwise specified, all submittals, including Requests for Information, are subject to the general provisions of this Section, as well as specific submittal requirements that may be included in the Special Conditions or elsewhere in the Contract Documents. Unless otherwise specified, all submittals should be transmitted electronically using standard commercial software programs, including the Special Conditions or Specifications. The City Engineer may require submission of a submittal schedule at or before a pre-construction conference, as may be specified in the Notice to Proceed. (A) General. DBE is responsible for ensuring that its submittals are complete, legible, accurate and conform to the Contract Documents. Incomplete or illegible submittals will be rejected and returned for resubmission. DBE must use the applicable forms provided or specified for use by the City, including the Project Forms provided with the Contract Documents, and forms provided by City at the Pre-Construction Conference. (B) Time and Manner of Submission. DBE must ensure that its submittals are prepared and delivered in a manner consistent with the current City-accepted schedule for the Work and within the applicable time specified in the Contract Documents, or if no time is specified, in such time and sequence so as not to delay the performance of the Work or completion of the Project. (C) Required Contents. Each submittal must include the Project name and contract number, DBE’s name and address, the name and address of any Subcontractor or supplier involved with the submittal, the date, and references to applicable Specification section(s) and/or drawing and detail number(s). (D) Required Corrections. If corrections are required, DBE must promptly make and submit any required corrections as specified in full conformance with the requirements of this Section, or other requirements that apply to that submittal. If a submittal remains non-compliant after being re-submitted for a second time, City may back-charge DBE for all further review time and additional administrative costs. For City employees the hourly amount charged will be 2.5 times the employee’s direct hourly payroll cost to the City. For consultants, the amount charged will be 1.25 times the amount billed to the City for additional review and administrative time. (E) Effect of Review and Acceptance. Review and acceptance of a submittal by City will not relieve DBE from complying with the requirements of the Contract Documents. DBE is responsible for any errors in any submittal, and review or acceptance of a submittal by City is not an assumption of risk or liability by City. (F) Enforcement. Any Work performed or any material furnished, installed, fabricated or used without City’s prior acceptance of a required submittal is performed or provided at DBE's risk, and DBE may be required to bear the costs incident thereto, including the cost of removing and replacing such Work, repairs to other affected portions of the Work or material, and the cost of additional time or services required of City, including costs for the Project Manager or Inspector. (G) Excessive RFIs. A Request for Information (RFI) will be considered excessive or unnecessary if City determines that the explanation or response to the RFI is clearly and Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 24 unambiguously discernable from the Contract Documents. City’s costs to review and respond to excessive or unnecessary RFIs may be deducted from payments otherwise due to DBE, on the same basis as excessive submittal review, under subsection (D) (Required Corrections). (H) Construction Phase Substitutions. This provision governs any DBE request for substitution during the Construction Phase with respect to any Specification in the City- approved Construction Documents designating a material, product, or thing (collectively, “item”) or service by specific brand or trade name, followed by the words “or equal.” Unless otherwise stated in the Specifications, any reference to a specific brand or trade name for an item that is used solely for the purpose of describing the type of item desired, will be deemed to be followed by the words “or equal.” A substitution will only be approved if it is a true “equal” item in every aspect of design, function, and quality, as determined by City, including dimensions, weight, maintenance requirements, durability, fit with other elements, and schedule impacts. (1) A request for substitution of an item or service must be submitted in writing to the Project Manager sufficiently in advance of the time needed to avoid delay of the Work, factoring in adequate time for testing, re-testing, or resubmittal. The request must be submitted on the City’s Substitution Request Form. (2) Any available data substantiating the proposed substitute as an equal item or service must be submitted with the written request for substitution. DBE’s failure to timely provide all necessary substantiation, including any required test results as soon as they are available, is grounds for rejection of the proposed substitution, without further review. (3) DBE has the burden of proving the equality of the proposed substitution at DBE’s sole cost, including testing using methods acceptable to City. City has sole discretion to determine whether a proposed substitution is equal, and City’s determination is final. (4) If the proposed substitution is approved, DBE is solely responsible for any additional costs or time associated with the substituted item or service. If the proposed substitution is rejected, DBE must, without delay, install the item or use the service as specified by City. (5) City’s approval of a proposed substitution will not relieve DBE from any of its obligations under the Contract Documents. In the event DBE makes an unauthorized substitution, DBE will be solely responsible for all resulting cost impacts, including the cost of removal and replacement and the impact to other design elements. 2.8 Shop Drawings. When Shop Drawings are required by the Specifications or requested by the Project Manager, they must be prepared according to best practices at DBE’s expense. The Shop Drawings must be of a size and scale to clearly show all necessary details. Unless otherwise specified by City, Shop Drawings must be provided to the Project Manager for review and acceptance at least 30 days before the Work will be performed. If City requires changes, the corrected Shop Drawings must be resubmitted to the Project Manager for review within the time specified by the Project Manager. For all Project components requiring Shop Drawings, DBE will not furnish materials or perform any Work until the Shop Drawings for those components are accepted by City. DBE is responsible for any errors or omissions in the Shop Drawings, shop fits and field corrections, any deviations from the Contract Documents, and for the results obtained by Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 25 the use of Shop Drawings. Acceptance of Shop Drawings by City does not relieve DBE DBE’s responsibility. 2.9 Access to Work. DBE must afford prompt and safe access to any Worksite by City and its employees, agents, or consultants authorized by City; and upon request by City, DBE must promptly arrange for City representatives to visit or inspect manufacturing sites or fabrication facilities for items to be incorporated into the Work. 2.10 Personnel. DBE and its Subcontractors must employ only competent and skillful personnel to perform the Services. DBE and its Subcontractor’s supervisors, security or safety personnel, and employees who have unescorted access to the Project site must possess proficiency in English sufficient to read, understand, receive, and implement oral or written communications or instructions relating to their respective job functions, including safety and security requirements. Upon written notification from the Engineer, DBE and its Subcontractors must immediately discharge any personnel who are incompetent, disorderly, disruptive, threatening, abusive, or profane, or otherwise refuse or fail to comply with the requirements of the Contract Documents or Laws, including Laws pertaining to health and safety. Any such discharged personnel may not be re- employed or permitted on the Project in any capacity without City’s prior written consent. Article 3 - Contract Documents 3.1 Order of Precedence. Information included in one Contract Document but not in another will not be considered a conflict or inconsistency. In case of any conflict or inconsistency among the Contract Documents, the order of precedence will follow the order in which the Contract Documents are listed in Section 3.1.1, below, which are listed from highest to lowest. Any conflict or inconsistency will be resolved to ensure construction of the Project and ensure the City’s intended use of the Project. (A) Change Orders; duly authorized and executed, if any; (B) Addenda; (C) Contract; (D) Notice to Proceed with Design Services; (E) Notice to Proceed with Construction Services; (F) Special Conditions; (G) General Conditions; (H) Payment and Performance Bonds; (I) List of Subcontractors; (J) City-approved Bridging Documents; (K) PG&E Interconnection Permit Applications for the three sites: Quinlan Community Center, Cupertino Sports Center, Community Hall. (L) Notice of Potential Award; (M) Request for Proposals (RFP) and (3) Addenda; (N) DBE’s RFP Proposal and attachments; (O) Request for Qualifications (RFQ); (P) DBE’s RFQ Proposal and attachments; (Q) The City’s standard details and specifications, as applicable; and (R) Any generic documents prepared by and on behalf of a third party, that were not prepared specifically for this Project, such as the Caltrans Standard Specifications or Caltrans Special Provisions. 3.2 Bridging Documents. The Bridging Documents are for general intent of the final Project design and are not considered to be a complete working package. DBE is responsible to hire and coordinate all associated Design Services, including architectural, structural, mechanical, electrical, plumbing, civil engineering, geotechnical, and landscape Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 26 architecture for the structures and systems, whether shown or implied in the Bridging Documents or required for a complete Project built to current governing codes. 3.3 Caltrans Standard Specifications. (Not used.) 3.4 For Reference Only. DBE is responsible for the careful review of any document, study, or report provided by City or appended to the Contract Documents solely for informational purposes and identified as “For Reference Only.” Nothing in any document, study, or report so appended and identified is intended to supplement, alter, or void any provision of the Contract Documents. DBE is advised that City or its representatives may be guided by information or recommendations included in such reference documents, particularly when making determinations as to the acceptability of proposed materials, methods, or changes in the Work. DBE must promptly notify City of any perceived or actual conflict between the Contract Documents and any document provided For Reference Only. 3.5 Current Versions. Unless otherwise specified by City, any reference to standard specifications, technical specifications, or any City or state codes or regulations means the latest specification, code or regulation in effect at the time the Contract is signed. 3.6 Conformed Copies. (Not used.) Article 4 - Bonds, Indemnity, and Insurance 4.1 Payment and Performance Bonds. No later than ten days following the City’s final approval of the Construction Documents, DBE must provide a payment bond and a performance bond, each in the penal sum of at least 100% of the estimated price for the Construction Services, using the bond forms included with the Contract Documents. (A) Surety. Each bond must be issued and executed by a surety admitted in California, and the surety must have a financial rating from A.M. Best Company of A-, class 7 or better, or as otherwise acceptable to the City. If an issuing surety cancels the bond or becomes insolvent, within seven days following written notice from City, DBE must substitute a surety acceptable to City. If DBE fails to substitute an acceptable surety within the specified time, City may, at its sole discretion, withhold payment from DBE until the surety is replaced to City’s satisfaction, or terminate the Contract for default. (B) Cost Estimate Updates. If at any time DBE’s updated construction cost estimate exceeds the estimated price for the Construction Services in Section 3 of the Contract by 5%, DBE must replace the initial bonds with bonds based on 100% of the updated estimated price for Construction Services using the bond forms included with the Contract Documents. 4.2 Indemnity and Liability. (A) DBE’s Indemnity Obligation. To the fullest extent permitted by law, DBE must indemnify, defend, and hold harmless City, its Council, officers, officials, employees, agents, volunteers and consultants (individually, an “Indemnitee,” and collectively the “Indemnitees”) from and against any and all liability, loss, damage, claims, causes of action, demands, charges, fines, costs and expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the operations of DBE, its employees, Subcontractors, representatives, or agents, in performing the Work or in failing to comply with any obligation of DBE under the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This indemnity requirement applies to any Liability arising Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 27 from alleged defects in the content or manner of submission of DBE’s Proposal for the Contract. DBE’s failure or refusal to timely accept a tender of defense pursuant to this Contract will be deemed a material breach of the Contract. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for the DBE or its agents or employees under Workers’ Compensation laws, disability benefits laws, or other employee benefit laws. This indemnification obligation is also not limited by any limitation on the amount or type of damages available under any applicable insurance coverage and will survive the expiration or any early termination of this Contract with respect to Liability arising during the term of the Contract. DBE’s indemnity obligations under this Contract will survive the expiration or any early termination of the Contract. This indemnity obligation does not apply to any Design Professionals who are covered by subsection (B) below. (B) Design Professional Indemnity Obligation. To the fullest extent permitted by law, subject only to the limitations of Civil Code § 2782.8, the Design Professionals who are members of the DBE or retained or employed by DBE to provide the Design Services must indemnify, defend, and hold harmless City, its Council, officers, employees, agents, volunteers and consultants (individually, an “Indemnitee,” and collectively “Indemnitees”) from and against any and all liability, loss, damage, claims, causes of action, demands, charges, fines, costs and expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the negligence, recklessness, or willful misconduct of the Design Professionals, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This Design Professional indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for the Design Professionals or their agents or employees under Workers’ Compensation laws, disability benefits laws, or other employee benefit laws. This Design Professional indemnification is also not limited by any limitation on the amount or type of damages available under any applicable insurance coverage and will survive the expiration or any early termination of this Contract with respect to Liability arising during the term of the Contract. (C) Third Party Claims. City will timely notify DBE upon receipt of any third-party claim relating to the Contract, as required by Public Contract Code § 9201. (D) No Personal Liability. No member of the City Council or any individual officer, employee or authorized agent of City will be personally liable for any liability arising under this Contract. 4.3 Insurance. DBE will procure and maintain for the duration of the Project, and for five years following the completion of the Project, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services hereunder by DBE, its agents, representatives, employees, Subconsultants, or Subcontractors. (A) Minimum Scope and Limit of Insurance. Coverage will be at least as broad as the minimum limits set forth below. If DBE maintains broader coverage and/or higher limits than the minimums shown below, City will be entitled to the broader coverage and/or higher limits maintained by DBE. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City. City reserves the right to modify these insurance requirements based on DBE’s prior experience, insurer, coverage, and considering the nature of the risk involved in the Services and other circumstances. DBE should discuss these requirements with its insurer and the designated Public Works Agency representative. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 28 (1) Commercial General Liability (CGL). Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, written on a comprehensive general liability form, and must include coverage for liability arising from DBE’s or Subcontractor’s acts or omissions, including DBE’s protected coverage, blanket contractual, products and completed operations, with limits of at least $4,000,000 per occurrence, $12,000,000 general aggregate, and $4,000,000 products and completed operations. The CGL policy must protect against any and all liability for personal injury, death, property damage or destruction, and personal and advertising injury. (i) It shall be a requirement under this Contract that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits will be made available to the Additional Insured and will be (1) the minimum coverage/limits specified in this Contract; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. (ii) Additional Insured coverage under DBE's policy shall be “primary and non-contributory,” will not seek contribution from City’s insurance/self- insurance, and will be at least as broad as ISO CG 20 01 04 13. (iii) The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect City as a named insured. (2) Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if DBE has no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $2,000,000 per accident for bodily injury and property damage. (3) Workers’ Compensation Insurance and Employer’s Liability: The workers’ compensation and employer’s liability insurance policy must comply with the requirements of the California Labor Code, providing coverage of at least $1,000,000 each accident or disease or as otherwise required by the statute. If DBE is self-insured, DBE must provide its Certificate of Permission to Self- Insure, duly authorized by the DIR. (4) Professional Liability. Professional liability with limits no less than $3,000,000 per occurrence or claim, and $3,000,000 aggregate. (5) Builder’s Risk/Installation Floater. Course of Construction insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions. (6) Pollution and/or Asbestos Legal Liability. DBEs’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $3,000,000 per occurrence or claim, and $3,000,000 policy aggregate. (B) Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At City’s option, either: (1) DBE will cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers, officials, employees, and volunteers; or (2) DBE will provide a financial guarantee satisfactory to City guaranteeing Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 29 payment of losses and related investigations, claim administration, and defense expenses. The policy language will provide, or be endorsed to provide, that the self- insured retention may be satisfied by either the named insured or the City. (C) Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (1) Additional Insured Status. The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as “Additional Insureds” on the CGL policy with respect to liability arising out of the operations and/or services performed by or on behalf of the named insured, including materials, parts, or equipment furnished, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Contract. Endorsement of CGL coverage must be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used or equivalent form(s) approved by the City. (2) Primary Coverage. For any claims related to this Project, DBE’s insurance coverage must be “primary and non-contributory” and at least as broad as ISO CG 20 01 04 13 with respect to City, its officers, officials, employees and volunteers, and must not seek contribution from City’s insurance. If the limits of insurance are satisfied in part by Umbrella/Excess Insurance, the Umbrella/Excess Insurance must contain or be endorsed to contain a provision that such coverage will also apply on a “primary and non-contributory” basis for the benefit of City. (3) Notice of Cancellation. Each insurance policy required must provide that coverage will not be canceled, except with notice to the City. Each certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced, cancelled or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums, in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified mail and addressed to the attention of the City Manager. (4) Builder’s Risk. DBE may submit Builder’s Risk insurance in the form of Course of Construction coverage, which shall name the City as a loss payee, as its interest may appear. Policy limits must be per occurrence and for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance penalties, and for the benefit of City. If the Project does not involve new or major reconstruction, City may elect in its sole discretion to accept an Installation Floater policy instead of Builder’s Risk. For such projects, the Property Installation Floater shall include improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site. (5) Waiver of Subrogation. Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it may have against City. DBE agrees to waive rights of subrogation which any insurer of DBE may acquire from DBE by virtue of the payment of any loss. DBE agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy must be endorsed with a waiver Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 30 of subrogation in favor of the City for all work performed by the DBE, its employees, agents and Subcontractors. (6) Acceptability of Insurers. Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California, and each insurer must have an A.M. Best’s financial strength rating of “A-” or better and a financial size rating of “VII” or better. (7) Verification of Coverage. DBE will furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, evidencing the coverage required by this Contract. All certificates and endorsements are to be received by the City no later than five days following City Council approval of the Contract. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. (8) Subcontractors. DBE will require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and DBE will ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors will provide coverage with a form at least as broad as CG 20 38 04 13. (9) Claims Made Policies. If any coverage required is written on a claims-made coverage form: (i) The retroactive date must be shown, and this date must be before the execution date of the Contract or the beginning of the Services. (ii) Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Services. (iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Effective Date of the Contract, or start of Services, the DBE must purchase extended reporting period coverage for a minimum of five years after completion of the Services. (iv) A copy of the claims reporting requirements must be submitted to the City for review. (v) If the Services involve lead-based paint or asbestos identification/remediation, the DBE’s Pollution Liability policy must not contain lead-based paint or asbestos exclusions. If the Services involve mold identification/remediation, the DBE’s Pollution Liability policy must not contain a mold exclusion, and the definition of “pollution” must include microbial matter, including mold. Article 5 - Contract Time 5.1 Time is of the Essence. Time is of the essence in DBE’s performance and completion of the Work, and DBE must diligently prosecute the Work and complete it within the Contract Time. (A) General. DBE must commence the Services on the date indicated in the Notice to Proceed with Design Services and must fully perform the Services and complete the Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 31 Project in strict compliance with all requirements of the Contract Documents, and within the Contract Time. (B) Rate of Progress. DBE and its Subcontractors must, at all times, provide workers, materials, and equipment sufficient to maintain the rate of progress necessary to ensure full completion of the Work within the Contract Time. If City determines that DBE is failing to prosecute the Work at a sufficient rate of progress, City may, in its sole discretion, direct DBE to provide additional workers, materials, or equipment, or to work additional hours or days without additional cost to City, in order to achieve a rate of progress satisfactory to City. If DBE fails to comply with City’s directive in this regard, City may, at DBE’s expense, separately contract for additional workers, materials, or equipment or use City’s own forces to achieve the necessary rate of progress. Alternatively, City may terminate the Contract based on DBE’s default. 5.2 Schedule Requirements. All schedules must be prepared using standard, commercial scheduling software acceptable to the Engineer, and must provide schedules in electronic and paper form as requested. (A) Baseline (As-Planned) Schedule. Within ten calendar days following City’s approval of the final Construction Documents, DBE must submit to City for review and acceptance a baseline (as-planned) Project schedule using critical path methodology showing in detail how DBE plans to perform and fully complete the Construction Services within the Contract Time, including labor, equipment, materials, and fabricated items. The baseline schedule for Construction Services must show the order of the major items of Work and the dates of start and completion of each item, including when the materials and equipment will be procured. The schedule must also include the work of all trades, reflecting anticipated labor or crew hours and equipment loading for the construction activities, and must be sufficiently comprehensive and detailed to enable progress to be monitored on a day-by-day basis. For each activity, the baseline schedule must be dated, provided in the format specified in the Contract Documents or as required by City, and must include, at a minimum, a description of the activity, the start and completion dates of the activity, and the duration of the activity. (1) Specialized Materials Ordering. Within five calendar days following issuance of the Notice to Proceed with Construction Services, DBE must order any specialized material or equipment for the Work that is not readily available from material suppliers. DBE must also retain documentation of the purchase orders date(s). (B) City’s Review of Schedules. City will review and may note exceptions to the baseline schedule, and to the progress schedules submitted as required below, to assure completion of the Work within the Contract Time. DBE is solely responsible for resolving any exceptions noted in a schedule and, within seven days, must correct the schedule to address the exceptions. City’s review or acceptance of DBE’s schedules will not operate to waive or limit DBE’s duty to complete the Project within the Contract Time, nor to waive or limit City’s right to assess liquidated damages for DBE’s unexcused failure to do so. (C) Progress Schedules. After City accepts the final baseline schedule with no exceptions, DBE must submit an updated progress schedule and three-week look-ahead schedule, in the format specified by City, for review and acceptance with each application for a progress payment, or when otherwise specified by City, until completion of the Work. The updated progress schedule must: show how the actual progress of the Work as constructed to date compares to the baseline schedule; reflect any proposed changes in the construction schedule or method of operations, including to achieve Project milestones within the Contract Time; and identify any actual or potential impacts to the Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 32 critical path. DBE must also submit periodic reports to City of any changes in the projected material or equipment delivery dates for the Project. (1) Float. The progress schedule must show early and late completion dates for each task. The number of days between those dates will be designated as the “float.” Any float belongs to the Project and may be allocated by the Project Manager to best serve timely completion of the Project. (2) Failure to Submit Schedule. Reliable, up-to-date schedules are essential to efficient and cost-effective administration of the Project and timely completion. If DBE fails to submit a schedule within the time periods specified in this Section, or submits a schedule to which City has noted exceptions that are not corrected, City may withhold or deduct up to ten percent from payment(s) otherwise due to DBE until the exceptions are resolved, the schedule is corrected and resubmitted, and City has accepted the schedule. In addition, DBE’s failure to comply with the schedule requirements in this Section 5.2 will be deemed a material default and a waiver of any claims for Excusable Delay or loss of productivity arising during any period when DBE is out of compliance, subject only to the limits of Public Contract Code section 7102. (D) Recovery Schedule. If City determines that the Work is more than one week behind schedule, within seven days following written notice of such determination, DBE must submit a recovery schedule, showing how DBE intends to perform and complete the Work within the Contract Time, based on actual progress to date. (E) Effect of Acceptance. DBE and its Subcontractors must perform the Work in accordance with the most current City-accepted schedule unless otherwise directed by City. City’s acceptance of a schedule does not operate to extend the time for completion of the Work or any component of the Work, and will not affect City’s right to assess liquidated damages for DBE’s unexcused delay in completing the Work within the Contract Time. (F) Posting. DBE must at all times prominently post a copy of the most current City- accepted progress or recovery schedule in its on-site office. (G) Reservation of Rights. City reserves the right to direct the sequence in which the Work must be performed or to make changes in the sequence of the Work in order to facilitate the performance of work by City or others, or to facilitate City’s use of its property. The Contract Time or Contract Price may be adjusted to the extent such changes in sequence actually increase or decrease DBE’s time or cost to perform the Work. (H) Authorized Working Days and Times. With respect to the Construction Services performed at the Project site, DBE is limited to working Monday through Friday, excluding holidays, during City’s normal business hours, except as provided in the Special Conditions or as authorized in writing by City. City reserves the right to charge DBE for additional costs incurred by City due to Work performed on days or during hours not expressly authorized in the Contract Documents, including reimbursement of costs incurred for inspection, testing, and construction management services. 5.3 Delay and Extensions of Contract Time. (A) Notice of Delay. If DBE becomes aware of any actual or potential delay affecting the critical path, DBE must promptly notify the City Engineer in writing, regardless of the nature or cause of the delay, so that City has a reasonable opportunity to mitigate or avoid the delay. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 33 (B) Excusable Delay. The Contract Time may be extended if DBE encounters “Excusable Delay,” which is an unavoidable delay in completing the Work within the Contract Time due to causes completely beyond DBE’s control, and which DBE could not have avoided or mitigated through reasonable care, planning, foresight, and/or diligence, provided that DBE is otherwise fully performing its obligations under the Contract Documents. Grounds for Excusable Delay may include fire, natural disasters including earthquake or unusually severe weather, acts of terror or vandalism, epidemic, unforeseeable adverse government actions, unforeseeable actions of third parties, encountering unforeseeable hazardous materials, unforeseeable site conditions, or suspension for convenience under Article 13. The Contract Time will not be extended based on circumstances which will not unavoidably delay completing the Work within the Contract Time based on critical path analysis. (C) Non-Excusable Delay. Delay which DBE could have avoided or mitigated through reasonable care, planning, foresight and/or diligence is “Non-Excusable Delay.” DBE is not entitled to an extension of Contract Time or any compensation for Non- Excusable Delay, or for Excusable Delay that is concurrent with Non-Excusable Delay. Non-Excusable Delay includes delay caused by: (1) weather conditions which are normal for the location of the Project, as determined by reliable records, including monthly rainfall averages, for the preceding ten years; (2) DBE’s failure to order equipment and materials sufficiently in advance of the time needed for completion of the Work within the Contract Time; (3) DBE’s failure to provide adequate notification to utility companies or agencies for connections or services necessary for completion of the Work within the Contract Time; (4) Foreseeable conditions which DBE could have ascertained from reasonably diligent inspection of the Project site or review of the Contract Documents or other information provided or available to DBE; (5) DBE’s failure. refusal, or financial inability to perform the Work within the Contract Time, including insufficient funds to pay its Subcontractors or suppliers; (6) performance or non-performance by DBE’s Subcontractors or suppliers; (7) the time required to respond to excessive RFIs (see Section 2.7(G)); (8) delayed submission of required submittals, or the time required for correction and resubmission of defective submittals; (9) time required for repair of, re-testing, or re-inspection of defective Work; (10) enforcement of Laws by City, or outside agencies with jurisdiction over the Work; or (11) City’s exercise or enforcement of any of its rights or DBE’s duties pursuant to the Contract Documents, including correction of defective Work, extra inspections or testing due to non-compliance with Contract requirements, safety compliance, environmental compliance, or rejection and return of defective or deficient submittals. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 34 (D) Compensable Delay. Pursuant to Public Contract Code § 7102, in addition to entitlement to an extension of Contract Time, DBE is entitled to compensation for costs incurred due to delay caused solely by City, when that delay is unreasonable under the circumstances involved and not within the contemplation of the parties (“Compensable Delay”). DBE is not entitled to an extension of Contract Time or recovery of costs for Compensable Delay that is concurrent with Non-Excusable Delay. Delay due to Weather Delay Days in excess of normal for a given month, as set forth in Section 5.3(C), is not Compensable Delay, and will only entitle DBE to an extension of time commensurate with the time lost due to such delay. (E) Concurrent Delay. DBE is not entitled to an extension of Contract Time or recovery of costs for any Compensable Delay that is concurrent with Non-Excusable Delay. (F) Weather Delay. A “Weather Delay Day” is a Working Day during which DBE and its forces, including Subcontractors, are unable to perform more than 40% of the critical path Work scheduled for that day due to adverse weather conditions which impair the ability to safely or effectively perform the scheduled critical path Work that day. Adverse weather conditions may include rain, saturated soil, and Project site cleanup required due to adverse weather. Determination of what constitutes critical path Work scheduled for that day will be based on the most current, City-approved schedule. (1) Based on historic records for the Project location from the Western Regional Climate Center, DBE’s schedule should assume the following number of normal Weather Delay Days and precipitation for each month: Month # Normal Weather Precipitation Delay Days January 6 2.86 February 6 2.66 March 6 2.29 April 3 1.20 May 1 0.44 June 0 0.10 July 0 0.02 August 0 0.07 September 1 0.19 October 2 0.76 November 4 1.51 December 5 2.43 Total 34 14.53 (2) DBE will be entitled to a non-compensable extension of the Contract Time for each Weather Delay Day in excess of the normal Weather Delay Days within a given month, as set forth in Section 5.3(F)(1) above, subject to the following limitations: a. DBE must fully comply with the applicable procedures in Article 5 and 6 of these General Conditions regarding requests to modify the Contract Time. b. Normal Weather Delay Days which do not occur during a given month do not carry over to another month. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 35 c. DBE will not be entitled to an extension of time for a Weather Delay Day to the extent DBE is responsible for concurrent delay on that day. d. DBE must take reasonable steps to mitigate the consequences of Weather Delay Days, including prudent workforce management and protecting the Work, Project Site, materials, and equipment. (G) Recoverable Costs. DBE is not entitled to compensation for Excusable Delay unless it is Compensable Delay, as defined above. DBE is entitled to recover only the actual, direct, reasonable, and substantiated costs (“Recoverable Costs”) for each working day that the Compensable Delay prevents DBE from proceeding with more than 50% of the critical path Work scheduled for that day, based on the most recent progress schedule accepted by City. Recoverable Costs will not include home office overhead or lost profit. (H) Request for Extension of Contract Time or Recoverable Costs. A request for an extension of Contract Time or any associated Recoverable Costs must be submitted in writing to City within 14 calendar days of the date the delay is first encountered, even if the duration of the delay is not yet known at that time, or any entitlement to the Contract Time extension or to the Recoverable Costs will be deemed waived. In addition to complying with the requirements of this Article 5, the request must be submitted in compliance with the Change Order request procedures in Article 6 below. Strict compliance with these requirements is necessary to ensure that any delay or consequences of delay may be mitigated as soon as possible, and to facilitate cost- efficient administration of the Project and timely performance of the Work. Any request for an extension of Contract Time or Recoverable Costs that does not strictly comply with all of the requirements of Article 5 and Article 6 will be deemed waived. (1) Required Contents. The request must include a detailed description of the cause(s) of the delay, and must also describe the measures that DBE has taken to mitigate the delay and/or its effects, including efforts to mitigate the cost impact of the delay, such as by workforce management or by a change in sequencing. If the delay is still ongoing at the time the request is submitted, the request should also include DBE’s plan for continued mitigation of the delay or its effects. (2) Delay Days and Costs. The request must specify the number of days of Excusable Delay claimed, or provide a realistic estimate if the duration of the delay is not yet known. If DBE believes it is entitled to Recoverable Costs for Compensable Delay, the request must specify the amount and basis for the Recoverable Costs that are claimed, or provide a realistic estimate if the amount is not yet known. Any estimate of delay duration or cost must be updated in writing and submitted with all required supporting documentation as soon as the actual time and cost is known. The maximum extension of Contract Time will be the number of calendar days, if any, by which an Excusable Delay or a Compensable Delay exceeds a concurrent Non-Excusable Delay. DBE is entitled to an extension of Contract Time, or compensation for Recoverable Costs, only if, and only to the extent that, such delay will unavoidably delay Final Completion. (3) Supporting Documentation. The request must also include any and all supporting documentation necessary to evidence the delay and its actual impacts, including scheduling and cost impacts with a time impact analysis using critical path methodology and demonstrating the unavoidable delay to Final Completion. The time impact analysis must be submitted in a form or format acceptable to City. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 36 (4) Burden of Proof. DBE has the burden of proving that: (a) the delay was an Excusable or Compensable Delay, as defined above; (b) DBE has made reasonable efforts to mitigate the delay and its schedule and cost impacts; (c) the delay will unavoidably result in delaying Final Completion; and (d) any Recoverable Costs claimed by DBE were actually incurred and were reasonable under the circumstances. (5) Legal Compliance. Nothing in this provision is intended to require the waiver, alteration, or limitation of the applicability of Public Contract Code § 7102. (6) No Waiver. Any grant of an extension of Contract Time, or compensation for Recoverable Costs due to Compensable Delay, will not operate as a waiver of City’s right to assess liquidated damages for Non-Excusable Delay. (7) Dispute Resolution. In the event of a dispute over entitlement to an extension of Contract Time or compensation for Recoverable Costs, DBE may not stop working pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work. DBE’s sole recourse for an unresolved dispute based on City’s rejection of a Change Order request for an extension of Contract Time or compensation for Recoverable Costs is to comply with the dispute resolution provisions set forth in Article 12 below. 5.4 Liquidated Damages. It is expressly understood that if Final Completion is not achieved within the Contract Time, City will suffer damages from the delay that are difficult to determine and accurately specify. Pursuant to Public Contract Code § 7203, if DBE fails to achieve Final Completion within the Contract Time, City will charge DBE in the amounts specified in the Contract for each day Final Completion is delayed beyond the Contract Time, as liquidated damages and not as a penalty. (A) Liquidated Damages. Liquidated damages will not be assessed for any Excusable Delay, as set forth above. (B) Milestones/Deadlines. Liquidated damages will also be separately assessed for failure to meet milestones or deadlines specified elsewhere in the Contract Documents. (C) Setoff. City is entitled to deduct the amount of liquidated damages assessed against any payments otherwise due to DBE, including progress payments, Final Payment, or unreleased retention. If there are insufficient Contract funds remaining to cover the full amount of liquidated damages assessed, City is entitled to recover the balance from DBE or its performance bond surety. (D) Occupancy or Use. Occupancy or use of the Project in whole or in part prior to Final Completion does not constitute City’s acceptance of Project and will not operate as a waiver of City’s right to assess liquidated damages for DBE’s Non-Excusable Delay in achieving Final Completion. (E) No Limitation on Other Remedies. City’s right to liquidated damages under this Section applies only to damages arising from DBE’s Non-Excusable Delay or failure to complete the Work within the Contract Time. City retains its right to pursue all other remedies under the Contract for other types of damage, including damage to property or persons, costs or diminution in value from defective materials or workmanship, costs to repair or complete the Work, or other liability caused by DBE. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 37 Article 6 - Contract Modification 6.1 Contract Modification. Subject to the limited exception set forth in subsection (D) below, any change in the Work or the Contract Documents, including the Contract Price or Contract Time, will not be a valid and binding change to the Contract unless it is formalized in a Change Order, including a “no-cost” Change Order or a unilateral Change Order. Change in the Work pursuant to this Article 6 will not operate to release, limit, or abridge DBE’s warranty obligations pursuant to Article 11 or any obligations of DBE’s bond sureties. (A) City-Directed Changes. City may direct changes in the scope or sequence of Work or the requirements of the Contract Documents, without invalidating the Contract. Such changes may include Extra Work as set forth in subsection (C) below, deletion or modification of portions of the Work, or other modifications determined by City, acting in its sole discretion, to be in City’s best interest. Pursuant to section 3.23.170 of the Cupertino Municipal Code, City reserves the right to delete up to 25% of the Work. Any change in the Work, whether directed by City or pursuant to DBE’s request for a Change Order under Section 6.2 below, will not be a valid and binding change to the Contract unless it is formalized in a Change Order, which may include commensurate changes in the Contract Price or Contract Time as applicable. DBE must promptly comply with City- directed changes in the Work in accordance with the original Contract Documents, even if DBE and City have not yet reached agreement as to adjustments to the Contract Price or Contract Time for the change in the Work or for the Extra Work. DBE is not entitled to extra compensation for cost savings resulting from “value engineering” pursuant to Public Contract Code section 7101 except to the extent authorized in advance by City in writing, and subject to any applicable procedural requirements for submitting a proposal for value engineering cost savings. (B) Disputes. In the event of a dispute over entitlement to or the amount of a change in Contract Time or a change in Contract Price related to a City-directed change in the Work, DBE must perform the Work as directed and may not delay its Work or cease Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute. Likewise, in the event that City and DBE dispute whether a portion or portions of the Work are already required by the Contract Documents or constitute Extra Work, or otherwise dispute the interpretation of any portion(s) of the Contract Documents, DBE must perform the Work as directed and may not delay its Work or cease Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute, as directed by City. If DBE refuses to perform the Work in dispute, City may, acting in its sole discretion, elect to delete the Work from the Contract and reduce the Contract Price accordingly, and self-perform the Work or direct that the Work be performed by others. Alternatively, City may elect to terminate the Contract for convenience or for cause. DBE’s sole recourse for an unresolved dispute related to changes in the Work or performance of any Extra Work is to comply with the dispute resolution provisions set forth in Article 12, below. (C) Extra Work. City may direct DBE to perform Extra Work related to the Project. DBE must promptly perform any Extra Work as directed or authorized by City in accordance with the original Contract Documents, even if DBE and City have not yet reached agreement on adjustments to the Contract Price or Contract Time for such Extra Work. DBE must maintain detailed daily records that itemize the cost of each element of Extra Work, and sufficiently distinguish the direct cost of the Extra Work from the cost of other Work performed. For each day that DBE performs Extra Work, or Work that DBE contends is Extra Work, DBE must submit no later than the following Working Day, a daily report of the Extra Work performed that day and the related costs, together with Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 38 copies of certified payroll, invoices, and other documentation substantiating the costs (“Extra Work Report”). The City Engineer will make any adjustments to DBE’s Extra Work Report(s) based on the City Engineer’s records of the Work. When an Extra Work Report(s) is agreed on and signed by both City and DBE, the Extra Work Report(s) will become the basis for payment under a duly authorized and signed Change Order. Failure to submit the required documentation by close of business on the next Working Day is deemed a full and complete waiver for any change in the Contract Price or Contract Time for any Extra Work performed that day. (D) Minor Changes and RFIs. Minor field changes, including RFI replies from City, that do not affect the Contract Price or Contract Time and that are approved by the City Engineer acting within his or her scope of authority, do not require a Change Order. By executing an RFI reply from City, DBE agrees that it will perform the Work as clarified therein, with no change to the Contract Price or Contract Time. (E) Remedy for Non-Compliance. DBE’s failure to promptly comply with a City- directed change is deemed a material breach of the Contract, and in addition to all other remedies available to it, City may, at its sole discretion, hire another contractor or use its own forces to complete the disputed Work at DBE’s sole expense, and may deduct the cost from the Contract Price. 6.2 DBE Change Order Requests. DBE must submit a request or proposal for a change in the approved Construction Documents or a change in the Contract Price or Contract Time, based on unforeseen circumstances or change in scope, as a written Change Order request or proposal. (A) Time for Submission. Any request for a change in the Contract Price or the Contract Time must be submitted in writing to the Project Manager within ten calendar days of the date that DBE first encounters the circumstances, information or conditions giving rise to the Change Order request, even if the total amount of the requested change in the Contract Price or impact on the Contract Time is not yet known at that time. If City requests that DBE propose the terms of a Change Order, unless otherwise specified in City’s request, DBE must provide the Project Manager with a written proposal for the change in the Contract Price or Contract Time within five working days of receiving City’s request, in a form satisfactory to the City Engineer. (B) Required Contents. Any Change Order request or proposal submitted by DBE must include a complete breakdown of actual or estimated costs and credits, and must itemize labor, materials, equipment, taxes, insurance, subcontract amounts, and, if applicable, Extra Work Reports. Any estimated cost must be updated in writing as soon as the actual amount is known. (C) Required Documentation. All claimed costs must be fully documented, and any related request for an extension of time or delay-related costs must be included at that time and in compliance with the requirements of Article 5 of the General Conditions. (D) Required Form. DBE must use City’s form(s) for submitting all Change Order requests or proposals, unless otherwise specified by City. (E) Certification. All Change Order requests must be signed by DBE and must include the following certification: “The undersigned DBE certifies under penalty of perjury that its statements and representations in this Change Order request are true and correct. DBE warrants that this Change Order request is comprehensive and complete, and agrees that any costs, expenses, or time extension request not included herein Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 39 will be deemed waived. DBE understands that submission of claims which have no basis in fact or which DBE knows to be false may violate the False Claims Act, as set forth in Government Code § 12650 et seq.” 6.3 Adjustments to Contract Price. The amount of any increase or decrease in the Contract Price will be determined based on one of the following methods listed below, in the order listed with unit pricing taking precedence over the other methods. Markup applies only to City-authorized time and material Work and does not apply to any other payments to DBE. For Work items or components that are deleted in their entirety, DBE will only be entitled to compensation for those direct, actual, and documented costs (including restocking fees), reasonably incurred before DBE was notified of the City’s intent to delete the Work, with no markup for overhead, profit, or other indirect costs. (A) Unit Pricing. Amounts previously provided by DBE in the form of unit prices, either in the Proposal or in a schedule of values, will apply if such unit pricing has previously been provided for the affected Work and accepted by City. No additional markup for overhead or profit will be added to the calculation. (B) Lump Sum. A mutually agreed upon lump sum for the affected Work with no additional markup for overhead, profit, or other indirect costs. (C) Time and Materials. On a time and materials basis, if and only to the extent compensation on a time and materials basis is expressly authorized by City in advance of DBE’s performance of the Work and subject to a not-to-exceed limit. Time and materials compensation for increased costs or Extra Work (but not decreased costs or deleted Work), will include allowed markup for overhead, profit, and other indirect costs, and which may include a not-to-exceed limit, calculated as the total of the following sums the cumulative total of which may not exceed the maximum markup rate of 15%: (1) All direct labor costs provided by DBE or its general contractor, excluding superintendence, plus 15% for overhead and profit; (2) All direct material costs provided by DBE or its general contractor, including sales tax, plus 15% for overhead and profit; (3) All direct plant and equipment rental costs provided by DBE or its general contractor, plus 15% for overhead and profit; (4) All direct subcontract costs plus 10% markup for overhead and profit for Work performed by Subcontractors; and (5) Increased bond or insurance premium costs computed at 1.5% of total of the previous four sums. 6.4 Unilateral Change Order. If the parties dispute the terms of a proposed Change Order, including disputes over the amount of compensation or extension of time that DBE has requested, the value of deleted or changed Work, or quantities used, City may elect to issue a unilateral Change Order, directing performance of the Work, and authorizing a change in the Contract Price or Contract Time for the amount of compensation or added time that the City believes is merited. DBE’s sole recourse to dispute the terms of a unilateral Change Order is to submit a timely Claim pursuant to Article 12, below. 6.5 Non-Compliance Deemed Waiver. DBE waives its entitlement to any increase in the Contract Price or Contract Time if DBE fails to fully comply with the provisions of this Article. DBE will not be paid for unauthorized extra work. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 40 Article 7 - General Construction Provisions 7.1 Permits, Fees, Business License, and Taxes. (A) Permits, Fees, and City Business License. DBE must obtain and pay for all permits, fees, or licenses required to perform the Work, unless otherwise indicated in the Contract Documents. DBE must cooperate with and provide notifications to government agencies with jurisdiction over the Project, as may be required. DBE must provide City with copies of all records of permits and permit applications, payments of required fees, and any licenses, required for the Work. DBE, members of the DB Team, and Subcontractor(s) must obtain a City Business License before beginning Work on the Project, unless its sole business contract within the City is the sale of goods or services to the City itself. (B) Taxes. DBE must pay for all taxes on labor, material and equipment, except Federal Excise Tax to the extent that City is exempt from Federal Excise Tax. 7.2 Temporary Facilities. DBE must provide, at DBE’s sole expense, any and all temporary facilities, including onsite office, sanitary facilities, storage, scaffolds, barricades, walkways, and any other temporary structure required to safely perform the Work along with any utility services incidental thereto. The location of all temporary facilities must be approved by the City prior to installation. Temporary facilities must be safe and adequate for the intended use and installed and maintained in accordance with Laws and the Contract Documents. DBE must fence and screen the Project site and, if applicable, any separate Worksites, including the staging area, and its operation must minimize inconvenience to neighboring properties. Additional provisions pertaining to temporary facilities may be included in the Specifications or Special Conditions. (A) Utilities. DBE must install and maintain the power, water, sewer and all other utilities required for the Project site, including the piping, wiring, internet and wifi connection, and any related equipment necessary to maintain the temporary facilities. (B) Removal and Repair. DBE must promptly remove all such temporary facilities when they are no longer needed or upon completion of the Work, whichever comes first. DBE must promptly repair any damage to City’s property or to other property caused by the installation, use, or removal of the temporary facilities, and must promptly restore the property to its original or intended condition. (C) Additional Requirements. Additional provisions pertaining to temporary facilities may be included in the Bridging Documents or Special Conditions 7.3 Noninterference and Site-Management. DBE must avoid interfering with City’s use of its property at or adjacent to the Project site, including use of roadways, entrances, parking areas, walkways, and structures. DBE must also minimize disruption of access to private property in the Project vicinity. DBE must coordinate with affected property owners, tenants, and businesses, and maintain some vehicle and pedestrian access to their residences or properties at all times. Temporary access ramps, fencing or other measures must be provided as needed. Before blocking access to a private driveway or parking lot, DBE must provide effective notice to the affected parties at least 2 working days in advance of the pending closure and allow them to remove vehicles. Private driveways, residences and parking lots must have access to a roadway during non-Work hours. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 41 (A) Offsite Acquisition. Unless otherwise provided by City, DBE must acquire, use and dispose of, at its sole expense, any additional Worksites, licenses, easements, and temporary facilities necessary to access and perform the Work. (B) Offsite Staging Area and Field Office. If additional space beyond the Project site is needed, such as for the staging area or the field office, DBE may need to make arrangements with the nearby property owner(s) to secure the space. Before using or occupying any property owned by a third party, DBE must provide City with a copy of the necessary license agreement, easement, or other written authorization from the property owner, together with a written release from the property owner holding City harmless from any related liability, in a form acceptable to the City Attorney. (C) Traffic Management. DBE must provide traffic management and traffic controls as specified in the Contract Documents, as required by Laws, and as otherwise required to ensure the public and worker safety, and to avoid interference with public or private operations or the normal flow of vehicular, bicycle, or pedestrian traffic. Any traffic management plans required to be submitted, must be prepared by a California License Professional including Registration Stamp and reviewed and accepted by the City prior to installation of any traffic management controls. 7.4 Signs. No signs may be displayed on or about City’s property, except signage which is required by Laws or by the Contract Documents, without City’s prior written approval as to size, design, and location. DBE must furnish and install all signs at DBE’s sole expense, including signs required by Laws or the Contract Documents. 7.5 Project Site and Nearby Property Protections. (A) General. DBE is responsible at all times, on a 24-hour basis and at its sole cost, for protecting the Work, the Project site, and the materials and equipment to be incorporated into the Work, until the notice of completion has been recorded. Except as specifically authorized by City, DBE must confine its operations to the area of the Project site indicated in the Bridging Documents. DBE is liable for any damage caused by DBE or its Subcontractors to the Work, City’s property, the property of adjacent or nearby property owners, and the work or personal property of other contractors working for City. In addition, DBE is responsible for damage caused by its failure to adequately secure the Work or any Worksite. (1) Subject to City’s approval, DBE will provide and install safeguards to protect the Work, any Worksite, including the Project site. City’s real or personal property, and the real or personal property of adjacent or nearby property owners, including plant and tree protections. (2) Cupertino Sanitary District and the City of Sunnyvale own and operate wastewater systems within City and they may not be interrupted. If the Work disrupts existing sewer facilities, DBE must immediately notify City to determine who owns the system and establish a plan, subject to the systems owner’s approval, to convey the sewage in closed conduits back into the sanitary sewer system. Sewage must not be permitted to flow in trenches or be covered by backfill. (3) DBE must remove with due care, and store at City’s request, any objects or material from the Project site that City will salvage or reuse at another location. (4) If directed by City Engineer, DBE must promptly repair or replace any property damage, as specified by the City Engineer. However, acting in its sole discretion, City may elect to have the property damage remedied otherwise, and Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 42 may deduct the cost to repair or replace the damaged property from payment otherwise due to DBE. (5) DBE will not permit any structure or infrastructure to be loaded in a manner that will damage or endanger the integrity of the structure or infrastructure. (B) Securing Project Site. After completion of Work each day, DBE must secure the Project site and, to the extent feasible, make the area reasonably accessible to the public unless City approves otherwise. All excess materials and equipment not protected by approved traffic control devices must be relocated to the staging area or demobilized. Trench spoils must be hauled off the Project site daily and open excavations must be protected with steel plates. DBE and Subcontractor personnel may not occupy or use the Project site for any purpose during non-Work hours, except as may be provided in the Contract Documents or pursuant to prior written authorization from City. (C) Unforeseen Conditions. If DBE encounters facilities, utilities, or other unknown conditions not shown on or reasonably inferable from the Bridging Documents, record drawings, or other documents or information made available to DBE, or which are not apparent from inspection of the Project site, DBE must immediately notify the City and promptly submit a Request for Information to obtain further direction from the City Engineer. DBE must avoid taking any action which could cause damage to the facilities or utilities pending further direction from the City Engineer. The City Engineer’s written response will be final and binding on DBE. If the City Engineer’s subsequent direction to DBE affects DBE’s cost or time to perform the Work, DBE may submit a Change Order request as set forth in Article 6 above. (D) Support; Adjacent Properties. DBE must provide, install, and maintain all shoring, bracing, and underpinning necessary to provide support to City’s property and adjacent properties and improvements thereon. DBE must provide notifications to adjacent property owners as may be required by Laws. See also, Section 7.14, Trenching of Five Feet or More. (E) Notification of Property Damage. DBE must immediately notify the City of damage to any real or personal property resulting from Work on the Project. DBE must immediately provide a written report to City of any such property damage within 24 hours of the occurrence. The written report must include: (1) the location and nature of the damage, and the owner of the property, if known; (2) the name and address of each employee of DBE or any Subcontractor involved in the damage; (3) a detailed description of the incident, including precise location, time, and names and contact information for known witnesses; and (4) a police or first responder report, if applicable. If DBE is required to file an accident report with another government agency, DBE will provide a copy of the report to City. 7.6 Materials and Equipment. (A) General. Unless otherwise specified, all materials and equipment required for the Work must be new, free from defects, and of the best grade for the intended purpose, and furnished in sufficient quantities to ensure the proper and expeditious performance of the Work. DBE must employ measures to preserve the specified quality and fitness of the materials and equipment. Unless otherwise specified, all materials and equipment required for the Work are deemed to include all components required for complete installation and intended operation and must be installed in accordance with the manufacturer’s recommendations or instructions. DBE is responsible for all shipping, handling, and storage costs associated with the materials and equipment required for the Work and is responsible for providing security and protecting the Work and all of the required materials, supplies, tools and equipment at DBE’s sole cost until City has Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 43 formally accepted the Project as set forth in Section 11.1, Final Completion. DBE will not assign, sell, mortgage, or hypothecate any materials or equipment for the Project, or remove any materials or equipment that have been installed or delivered. (B) City-Provided. If the Work includes installation of materials or equipment to be provided by City, DBE is solely responsible for the proper examination, handling, storage, and installation of such items in accordance with the Contract Documents. DBE must promptly notify City of any defects discovered in City-provided materials or equipment, sufficiently in advance of scheduled use or installation to afford adequate time to procure replacement materials or equipment as needed. DBE is solely responsible for any loss of or damage to such items which occurs while the items are in DBE’s custody and control, the cost of which may be offset from the Contract Price and deducted from any payment(s) due to DBE. (C) Existing City Equipment. DBE will carefully remove all existing equipment from the Worksite. If the City specifies or indicates that equipment is to be salvaged and reused or to remain the property of City then the DBE will reuse or return the equipment to the City. DBE will store and protect salvaged equipment specified to be reused in the Work. DBE will deliver to the City in good condition the equipment that is to remain City property but not be reused in the Work. (1) If an item specified to be salvaged is damaged during its removal, storage, or handling through carelessness or improper procedures, then DBE will replace that equipment in kind or with a new item. For those items specified to be salvaged DBE may choose to instead furnish and install new equipment, in which case the original, removed items will become DBE’s property. Existing materials and equipment removed by DBE will only be reused in the Work if so specified or indicated by the City. (D) Intellectual Property Rights. DBE must, at its sole expense, obtain any authorization required for use of patented or copyright-protected materials, equipment, devices or processes that are incorporated into the Work. DBE’s indemnity obligation in Article 4 applies to any claimed violation of intellectual property rights. (E) Certificate of Compliance. When a Certificate of Compliance is specified, or for any material or item (“material”) produced or assembled outside of the United States, DBE must submit a Certificate of Compliance before incorporating that material into the Project. A Certificate of Compliance must be submitted for each lot of material delivered to the Project site, and in a form acceptable to the City Engineer, identifying the material, its source, and the lot. Each Certificate of Compliance must be signed by the material producer stating that the material fully complies with the applicable requirements of the Specifications. Submission of a Certificate of Compliance will not limit DBE’s continuing obligation to use only materials that conform with the requirements of the Contract Documents. Any materials furnished pursuant to a Certificate of Compliance may be inspected or tested at any time by City, subject to the inspection and testing provisions of Article 7, and defective or non-conforming material may be rejected at any time, even if already installed. (F) Site Materials. Except as otherwise specified, City retains full ownership of and all rights to use any water, soil, stone, gravel, sand, minerals or other materials (“Site Materials”) on City property, including the Project site, and including any site materials that have been extracted, excavated, or otherwise affected or made accessible by performance of the Work. However, City, acting in its sole discretion, may provide written authorization in the Special Conditions or in the Specifications or in a Change Order for DBE to make use of or incorporate specified Site Materials in the Work. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 44 7.7 Testing and Inspection. (A) General. All materials, equipment, and workmanship used in the Work are subject to inspection and testing by City at all times and locations during construction and/or fabrication and at any Worksite, including at shops and yards as well as at the Project site, or at the plant of a manufacturer of materials or items to be incorporated into the Work. All manufacturers’ application or installation instructions must be provided to the Inspector at least ten days prior to the first such application or installation. DBE must, at all times, make the Work available for testing or inspection. Neither City’s inspection or testing of Work, nor its failure to do so, operate to waive or limit DBE’s duty to complete the Work in accordance with the Contract Documents. (B) Scheduling and Notification. DBE must cooperate with City in coordinating the inspections and testing. DBE must submit samples of materials, at DBE’s expense, and schedule all tests required by the Contract Documents in time to avoid any delay to the progress of the Work. DBE must notify the City Engineer in writing no later than two Working Days before any inspection or testing is being requested and must provide timely notice to all necessary parties as specified in the Contract Documents. If DBE schedules an inspection or test beyond regular Work hours, or on a Saturday, Sunday, or recognized City holiday, DBE must seek, in writing, City Engineer’s approval at least two Working Days in advance. If approved, DBE must reimburse City for the cost of the overtime inspection or testing. Such costs, including the City’s hourly costs for required personnel and Inspector, may be deducted from payments otherwise due to DBE. (C) Responsibility for Costs. City will bear the initial cost of inspection and testing to be performed by independent inspections and/or testing consultants retained by City, subject to the following exceptions: (1) DBE will be responsible for the costs of any subsequent inspections and/or tests which are required to substantiate compliance with the Contract Documents, and any associated remediation costs. (2) DBE will be responsible for inspection and testing costs, at the rate charged by the consultant retained by the City to provide inspection and testing services, and for inspection and testing time lost because the Work is not ready or DBE fails to appear for a scheduled inspection. (3) If any portion of the Work that is subject to inspection or testing is covered or concealed by DBE prior to the inspection or testing, DBE will bear the cost of making that portion of the Work available for the inspection or testing required by the Contract Documents, and any associated repair or remediation costs. (4) DBE is responsible for properly shoring all compaction test sites deeper than five feet below grade, as required under Section 7.14 below. (5) Any Work or material that is defective or fails to comply with the requirements of the Contract Documents must be promptly repaired, removed, replaced, or corrected by DBE, at DBE’s sole expense, even if that Work or material was previously inspected or included in a progress payment. (D) DBE’s Obligations. All Work and materials must conform to the lines, grades, typical cross sections, dimensions, material requirements, and tolerances shown or described by the Construction Documents. City, acting in its sole discretion, will determine whether Work or materials conform to the Construction Documents, including allowable deviations. City’s determination as to conformity or allowable deviations is final. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 45 DBE is solely responsible for any delay occasioned by remediation of defective or noncompliant Work or material. Inspection of the Work does not in any way relieve DBE of its obligations to perform the Work as specified in the Construction Documents. Any Work done without the required inspection(s) will also be subject to rejection by City. Any Work that fails to comply with the requirements of the Contract Documents must be promptly repaired, replaced, or corrected by DBE, at DBE’s sole expense, even if that Work was previously inspected or included in a progress payment. DBE is solely responsible for any delay occasioned by remediation of noncompliant Work. Inspection of the Work does not in any way relieve DBE of its obligations to perform the Work as specified. (E) Distant Locations. If required off-site testing or inspection must be conducted at a location more than 100 miles from the Project site, DBE is solely responsible for the additional travel costs required for testing and/or inspection at such locations. (F) Plant Inspection. If specified in the Contract Documents, or upon written request by City, DBE must use its best efforts to facilitate and arrange for City’s inspection, sampling or testing of materials or items required for the Work at the plant or facility from which the materials or items are to be obtained. DBE’s best efforts must include contacting the producer or manufacturer on a timely basis to schedule inspection by City’s selected representative, including appropriate access and any safety equipment, all at no cost to City. The inspection must be scheduled sufficiently in advance of the planned shipping or production date to allow for alternative arrangements if the City determined that the materials or items do not meet the requirements of the Specifications. Nothing in this provision obligates City to inspect materials or items at the source plant or facility. (G) Final Inspection. The provisions of this Section 7.7 also apply to final inspection under Article 11, Completion and Warranty Provisions. 7.8 Project Site Conditions and Maintenance. DBE must at all times, on a 24-hour basis and at its sole cost, maintain the Project site and staging and storage areas in clean, neat and sanitary condition and in compliance with all Laws pertaining to safety, air quality and dust control. Adequate toilets must be provided and properly maintained and serviced for all workers on the Project site, located in a suitably secluded area, subject to City’s prior approval. DBE must also, on a daily basis and at its sole cost, remove and properly dispose of the debris and waste materials from the Project site. (A) Protection of Existing Property, Structures, and Utilities. If the Specifications indicate existing above-grade and below-grade structures, drainage lines, storm drains, sewers, water, gas, electrical, phone and data cable, and other similar items or utilities known to the City, then DBE will locate these known existing installations before proceeding with trenching or other operations which may cause damage, will maintain them in service where appropriate, and will repair any damage caused to them by the Work, at no increase in the Contract Price. (1) DBE may temporarily mark or paint the ground, pavement, sidewalk, or any other improvements, but must not do so in a public right-of-way or on the Project site more than 30 days prior to the commencement of excavation work performed in connection with an installation. Any mark or paint must be removed from all surfaces, including any decorative work, within 30 days of the completion of the excavation work. DBE is responsible for any expense associated with damages caused by the DBE’s mark or paint, including the removal thereof. (2) DBE will record the location and existence of pavement markers and striping prior to construction, and will provide such records to the City Engineer. DBE will Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 46 replace in kind any permanent paving marker or striping that it removes or damages, or as marked in the Specifications, at its expense. (B) Air Emissions Control. DBE must not discharge smoke or other air contaminants into the atmosphere in violation of any Laws. (C) Dust and Debris. DBE must minimize and confine dust and debris resulting from the Work. DBE must abate dust nuisance by cleaning, sweeping, and immediately sprinkling with water excavated areas of dirt or other materials prone to cause dust, and within one hour after the City Engineer notifies DBE that an airborne nuisance exists. The City Engineer may direct that DBE provide an approved water-spraying truck for this purpose. If water is used for dust control, DBE will only use the minimum necessary. DBE must take all necessary steps to keep waste water out of streets, gutters, or storm drains. See Section 7.19, Storm Water Pollution Control. If City determines that the dust control is not adequate, City may have the work done by others and deduct the cost from the Contract Price. DBE will immediately remove any excess excavated material from the Project site and any dirt deposited on public streets. (D) Clean up. Before discontinuing Work in an area, DBE must clean the area and remove all debris and waste along with the construction equipment, tools, machinery, waste and surplus materials. (1) Except as otherwise specified, all excess Project materials, and the materials removed from existing improvements on the Project site with no salvage value or intended reuse by City, will be DBE’s property. (2) Hauling trucks and other vehicles leaving the Project site must be cleaned of exterior mud or dirt before traveling on City streets. Materials and loose debris must be delivered and loaded to prevent dropping materials or debris. DBE must immediately remove spillage from hauling on any publicly traveled way. Streets affected by Work on the Project must be kept clean by street sweeping. (E) Disposal. DBE must dispose of all Project debris and waste materials in a safe and legal manner. DBE may not burn or bury waste materials on the Project site. DBE will not allow any dirt, refuse, excavated material, surplus concrete or mortar, or any associated washings, to be disposed of onto streets, into manholes or into the storm drain system. (F) Completion. At the completion of the Work, DBE must remove from the Project site all of its equipment, tools, surplus materials, waste materials and debris, presenting a clean and neat appearance. Before demobilizing from the Project site, DBE must ensure that all surfaces are cleaned, sealed, waxed, or finished as applicable, and that all marks, stains, paint splatters, and the like have been properly removed from the completed Work and the surrounding areas. DBE must ensure that all parts of the construction are properly joined with the previously existing and adjacent improvements and conditions. DBE must provide all cutting, fitting and patching needed to accomplish that requirement. DBE must also repair or replace all existing improvements that are damaged or removed during the Work, both on and off the Project site, including curbs, sidewalks, driveways, fences, signs, utilities, street surfaces and structures. Repairs and replacements must be at least equal to the previously existing improvements, and the condition, finish and dimensions must match the previously existing improvements. DBE must restore to original condition all property or items that are not designated for alteration under the Contract Documents and leave each Worksite clean and ready for occupancy or use by City. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 47 (G) Non-Compliance. If DBE fails to comply with its maintenance and cleanup obligations or any City clean up order, City may, acting in its sole discretion, elect to suspend the Work until the condition(s) is corrected with no increase in the Contract Time or Contract Price, or undertake appropriate cleanup measures without further notice and the cost will be deducted from any amounts due or to become due to DBE. 7.9 Instructions and Manuals. DBE must provide to City one bound [hard] copy and an electronic PDF copy of all instructions and manuals required by the Contract Documents, unless otherwise specified. These must be complete as to drawings, details, parts lists, performance data, and other information that may be required for City to easily maintain and service the materials and equipment installed for this Project. (A) Submittal Requirements. The instructions and manuals, along with any required guarantees, must be delivered to City for review prior to requesting final inspection pursuant to Section 11.1(A), unless otherwise specified. (B) Training. DBE or its Subcontractors must train City’s personnel in the operation and maintenance of any complex equipment or systems as a condition precedent to Final Completion, if required in the Contract Documents. 7.10 As-built Drawings. DBE and its Subcontractors must maintain on the Worksite a separate complete set of the final City-approved Construction Documents, including drawings to be used solely for the purpose of recording changes made in any portion of the Work in order to create accurate record drawings at the end of the Project. (A) Duty to Update. The as-built drawings must be updated as changes occur, on a daily basis if necessary. Progress payments may be reduced, in whole or in part, until the as-built drawings are brought up to date to the satisfaction of City, and the City may choose to withhold the estimated cost for City to have the as-built drawings prepared from payments otherwise due to DBE. Actual locations to scale must be identified on the as-built drawings for all runs of mechanical and electrical work, including all site utilities installed underground, in walls, floors, or otherwise concealed. Deviations from the original drawings must be shown in detail. The exact location of all main runs, whether piping, conduit, ductwork or drain lines, must be shown by dimension and elevation. The location of all buried pipelines, appurtenances, or other improvements must be represented by coordinates and by the horizontal distance from visible above-ground improvements. (B) Final Completion. DBE must verify that all changes in the Work are depicted in the as-built drawings and must deliver the complete set of as-built drawings to the City Engineer for review and acceptance as a condition precedent to Final Completion and Final Payment. 7.11 Existing Utilities. (A) General. The Work may be performed in developed, urban areas with existing utilities, both above and below ground, including utilities identified in the Contract Documents or in other informational documents or records. DBE must take due care to locate identified or reasonably identifiable utilities before proceeding with trenching, excavation, or any other activity that could damage or disrupt existing utilities. This may include excavation with small equipment, potholing, or hand excavation, and, if practical, using white paint or other suitable markings to delineate the area to be excavated. Except as otherwise provided herein, DBE will be responsible for costs resulting from damage to identified or reasonably identifiable utilities due to DBE’s negligence or failure to comply with the Contract Documents, including the requirements in this Article 7. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 48 (B) Unidentified Utilities. Pursuant to Government Code § 4215, if, during the performance of the Work, DBE discovers utility facilities not identified by City in the Contract Documents, DBE must immediately provide written notice to City and the utility. City assumes responsibility for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Project site if those utilities are not identified in the Contract Documents. DBE will be compensated in accordance with the provisions of the Contract Documents for the costs of locating, repairing damage not due to DBE’s failure to exercise reasonable care, and removing or relocating such utility facilities not indicated in the Contract Documents with reasonable accuracy, and for equipment on the Project necessarily idled during such work. DBE will not be assessed liquidated damages for delay in completion of the Work, to the extent such delay was caused by City’s failure to provide for removal or relocation of the utility facilities. 7.12 Notice of Excavation. DBE must comply with all applicable requirements in Government Code § 4216.2 through 4216.5, which are incorporated by reference herein. Government Code § 4216.2 requires that, except in an emergency, DBE must contact the appropriate regional notification center, or Underground Services Alert, at least two working days but not more than 14 calendar days before starting any excavation if the excavation will be conducted in an area that is known, or reasonably should be known, to contain subsurface installations. DBE may not begin excavation until it has obtained and submitted to City Engineer an inquiry identification number from Underground Services Alert. 7.13 Trenching and Excavations of Four Feet or More. As required by Public Contract Code § 7104, if the Work includes digging trenches or other excavations that extend deeper than four feet below the surface, the following provisions in this Section apply to the Work and the Project. (A) Duty to Notify. DBE must promptly, and before the following conditions are disturbed, provide written notice to City if DBE finds any of the following conditions: (1) Material that DBE believes may be a hazardous waste, as defined in § 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing Laws; (2) Subsurface or latent physical conditions at the Project site differing from those indicated by information about the Project site made available to DBE prior to the deadline for submitting Proposals; or (3) Unknown physical conditions at the Project site of any unusual nature, materially different from those ordinarily encountered and generally recognized as inherent in work of the character required by the Contract Documents. (B) City Investigation. City will promptly investigate the conditions and if City finds that the conditions do materially differ or do involve hazardous waste, and cause a decrease or increase in DBE’s cost of, or the time required for, performance of any part of the Work, City will issue a Change Order. (C) Disputes. In the event that a dispute arises between City and DBE regarding any of the conditions specified in subsection (A) above, DBE will not be excused from any scheduled completion date provided for in the Contract Documents, but must proceed with all Work to be performed under the Contract. DBE will retain any and all rights provided either by the Contract or by Laws which pertain to the resolution of disputes between DBE and City. 7.14 Trenching of Five Feet or More. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 49 As required by Labor Code § 6705, if the Contract Price exceeds $25,000 and the Work includes the excavation of any trench or trenches of five feet or more in depth, a detailed plan must be submitted to City for acceptance in advance of the excavation. The detailed plan must show the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation. If the plan varies from the shoring system standards, it must be prepared by a California registered civil or structural engineer. Use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders is prohibited. 7.15 New Utility Connections. City will pay connection charges and meter costs for new permanent utilities required by the Contract Documents, if any. DBE must notify City sufficiently in advance of the time needed to request service from each utility provider so that connections and services are initiated in accordance with the Project schedule. 7.16 Lines and Grades. DBE is required to use any benchmark provided by the City Engineer. Unless otherwise specified in the Contract Documents, DBE must provide all lines and grades required to execute the Work. DBE must also provide, preserve, and replace if necessary, all construction stakes required for the Project. All stakes or marks must be set by a California licensed surveyor or a California registered civil engineer. DBE must notify the City Engineer of any discrepancies found between DBE’s staking and grading and information provided by the Contract Documents. Upon completion, all Work must conform to the lines, elevations, and grades shown in the Plans, included any changes directed by a Change Order. 7.17 Historic or Archeological Items. (A) DBE’s Obligations. DBE must ensure that all persons performing Work at the Project site are required to immediately notify the Inspector or Project Manager, upon discovery of any potential historic or archeological items, including historic or prehistoric ruins, burial grounds, archaeological or vertebrate paleontological site, including fossilized footprints or other archeological, paleontological or historical feature on the Project site (collectively, “Historic or Archeological Items”). (B) Discovery; Cessation of Work. Upon discovery of any potential Historic or Archeological Items, Work must be stopped within an 85-foot radius of the find and may not resume until authorized in writing by City. If required by City, DBE must assist in protecting or recovering the Historic or Archeological Items, with any such assistance to be compensated as extra work on a time and materials basis under Article 6, Contract Modification. At City's discretion, suspension of Work required due to discovery of Historic or Archeological Items will be treated as Excusable Delay pursuant to Article 5, or as a suspension for convenience under Article 13. 7.18 Recycling and Waste Disposal. (A) Approved Recycling Facility. DBE must dispose of all recyclable materials at a recycling facility approved by the City Engineer. (B) Inert Solids and Plant Materials. DBE must remove all asphalt concrete, Portland cement concrete, aggregate base material, inert solids and any plant material from the Project site and deposit at an approved recycling facility. DBE must conform the above material to an acceptable size and composition for recycling. (C) Recyclable Materials. DBE must recycle at least 65% of all materials at an approved recycling facility. (D) Waste Management Plan and Disposal Report. If the California Green Building Standards Code applies to the Project, DBE must submit to the City a waste management plan prior to starting work. A disposal report is required upon Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 50 completion of the Project, for materials that are hauled by DBE or by the City’s franchised hauler. If a waste management plan is required, it must be available throughout the duration of the Project for examination by the City. Electronic submittals are acceptable. The waste management plan must include the following: (1) Project title and number; (2) identify the construction methods that will be employed to reduce waste; (3) Type of material(s) to be recycled, salvaged or landfilled; (4) Specify if the waste will be sorted onsite or bulk-mixed; and (5) Name and address of recycling facility(ies) and landfill(s) to be used; The disposal report must include the following: (1) Project title; (2) Date and time of disposal; (3) Truck number; (4) Type of material recycled, salvaged, or landfilled; (5) Weight of material recycled, salvaged, or landfilled; (6) Name and address of recycling facility or landfill; (7) Certification or weight tags from facility; (8) Weight tags for all material landfilled; and (9) If the recycling goal is not met, provide an explanation, to be approved by City, for why it was not met. (E) Collection of Waste and Debris. Collection of garbage, mixed non-organic recyclables, organic waste, and any construction or demolition materials in debris boxes, compactors, or bin-by-the-day services that are not City franchisees or otherwise agents of the City is prohibited. Notwithstanding the above, DBE must dispose of debris from the Project in one of the following: (1) Franchised hauler bin; (2) A bin owned by DBE or a demolition Subcontractor provided that it is hauled by an employee of the DBE or the demolition Subcontractor and by a vehicle owned and registered to the DBE or the demolition Subcontractor; or (3) Private truck with a bed. (F) Recycling Containers. The disposal of garbage in containers designated for compostable waste recycling is prohibited. 7.19 Storm Water Pollution Control. DBE must not pollute the storm drainage system or any waterways or tributaries with waste materials, pollutants, or other harmful materials. DBE and its Subcontractors must at all times in the performance of the Work comply with all applicable Laws concerning pollution of waterways. (A) Best Management Practices. DBE must remove any waste found or generated at the Project site using the appropriate Best Management Practices (“BMPs”) and must properly dispose of the waste or pollutants off-site. If solid or liquid waste materials or pollutants from the Project enter the storm drain system, DBE must immediately notify the City’s Environmental Services Division, and thoroughly clean up the affected catch basins, storm sewer, and storm manholes to the satisfaction of the City Engineer. If DBE fails to meet the requirements of this Section, the City may issue a stop-work notice and take necessary action to require DBE to set up preventive measures or clean up the storm drainage system. DBE will bear all costs Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 51 related to the stop-work action and corrective work and will not be entitled to an extension of the Contract Time for any resulting delay. (B) Stormwater Permit. DBE must comply with all applicable conditions of the State Water Resources Control Board National Pollutant Discharge Elimination System (“NPDES”) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (“Stormwater Permit”). (1) Record Copy of Stormwater Permit. If required for the Work, a copy of the Stormwater Permit is on file in City’s principal administrative offices, and DBE must comply with the same without adjustment of the Contract Price or the Contract Time. DBE must timely and completely submit required reports and monitoring information required by the conditions of the Stormwater Permit. DBE also must comply with all other applicable Laws governing discharge of stormwater, including applicable municipal stormwater management programs. (2) Failure to Comply with Stormwater Permit. DBE must pay all costs and liabilities imposed by Laws as a result of DBE's failure to comply with the provisions set forth in the Contract Documents. Such costs and liabilities include, but are not limited to, fines, penalties, and damages, whether assessed against the City or DBE, including those levied under the Federal Clean Water Act and the State Porter Cologne Water Quality Act. (C) Storm Water Pollution Prevention Plan Preparation. DBE must incorporate the following BMPs, as applicable, into a site-specific Storm Water Pollution Prevention Plan (“SWPPP”), if required for the Project. The SWPPP must be approved by the City Engineer prior to construction. (1) Non-Hazardous Material/Waste Management. a. DBE must designate areas of the Project site suitable for material delivery, storage, and waste collection that, to the maximum extent practicable, are near construction entrances and away from catch basins, gutters, drainage courses, and creeks. b. DBE must store granular material at least 10 feet away from catch basin and curb returns. c. DBE must prevent granular material to enter the storm drains or creeks. d. During wet weather and when rain is forecast in the next 24 hours, DBE must cover granular material with a tarpaulin and surround the material with sandbags or other weights to ensure that tarpaulin does not expose the material during wind and rain. e. DBE will use minimal amounts of water to control dust on a daily basis or as directed by the City Engineer. f. At the end of each working day or as directed by the City, DBE must clean and sweep roadways and on-site paved areas of all materials on or adjacent to the Worksite. g. Throughout the working day and at the end of each working day, or as directed by the City, DBE must pick up litter, trash, scrap, waste material, and debris from the Project site and any adjacent sidewalk, curb, and Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 52 gutter area. DBE must keep the site and perimeter free from cigarette butts and other litter. h. DBE must ensure that lids for trash receptacles are kept closed and that trash receptacles are maintained in a manner that prevents overflows. i. DBE must maintain a clean and litter-free area around all trash receptacles on the site. j. DBE will not use water to flush down streets in place of street sweeping or other dry methods of spill cleanup such as applying absorbent, sweeping up material and disposing it in a waste bin. k. In addition to DBE’s obligation to recycle materials pursuant to Section 7.18 of the General Conditions, DBE must, to the maximum extent practicable, reuse or recycle any useful construction materials generated during the Project. l. DBE must inspect any waste and recycling receptacles for leaks, and must contact the City’s trash hauling franchisee to immediately replace or repair any leaking receptacles. m. DBE will not discharge water on-site as a result of cleaning recycling or trash receptacles. n. DBE must arrange for regular waste collection before receptacles overflow, and must adjust the frequency of service or the receptacle size as needed to ensure that overflows do not occur. (2) Hazardous Material/Waste Management. a. DBE must label and store all hazardous materials including but not limited to pesticides, paints, thinners, solvents, and fuels; and all hazardous wastes, including but not limited to waste oil and antifreeze; in accordance with the City’s Hazardous Materials Storage Ordinance and all applicable Laws. b. DBE must keep an accurate, up-to-date inventory, including Materials Safety Data Sheets (“MSDSs”), of hazardous materials and hazardous wastes stored on-site. c. When rain is forecast within 24 hours or during wet weather, the DBE must not apply chemicals such as pesticides and cleaners, or any materials that may potentially enter the storm drain system, in outside areas. d. DBE must not over-apply pesticides or fertilizers and must follow materials manufacturer’s instructions regarding uses, protective equipment, ventilation, flammability, and mixing of chemicals. Over- application of a pesticide constitutes a “label violation” subject to an enforcement action by the Santa Clara County Agriculture Department. e. DBE must arrange for regular hazardous waste collection to comply with all applicable time limits on storage of hazardous wastes. f. DBE must dispose of hazardous waste only at authorized and permitted treatment, storage and disposal facilities, and must use only licensed hazardous waste haulers to remove the waste off-site, unless quantities to be transported are below applicable threshold limits for transportation specified in state and federal regulations. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 53 g. If DBE’s business office is located in Santa Clara County, DBE may dispose of this waste through the Countywide Hazardous Waste Program. Businesses generating less than 27 gallons or 220 pounds of hazardous waste per month are legally classified as conditionally exempt small quantity generators (“CESQGs”). Information on the CESQG program may be requested by calling the County at (408) 299-7300. (3) Spill Prevention and Control. a. DBE must keep a stockpile of spill cleanup materials, such as rags or absorbents, readily accessible on-site. b. DBE must immediately contain and prevent leaks and spills from entering storm drains, and properly clean up and dispose of the waste and cleanup materials, using dry methods to the extent feasible. If the waste is hazardous, DBE must handle the waste as described in subsection (2) above. c. DBE will not wash any spilled material into streets, gutters, storm drains, or creeks and will not bury spilled hazardous materials. d. DBE must report any hazardous materials spill by calling 911 and must notify the City’s Public Works Environmental Division at 408-777-3354. (4) Vehicle/Equipment Cleaning. a. DBE will not perform vehicle or equipment cleaning on-site or in the street using soaps, solvents, degreasers, steam cleaning equipment, or equivalent methods. b. DBE must perform vehicle or equipment cleaning, with water only, in a designated, bermed, pervious area that will not allow rinse water to run offsite or into streets, gutters, storm drains, or creeks. (5) Vehicle/Equipment Maintenance and Fueling. a. DBE will not perform maintenance and fueling of vehicles onsite. b. DBE must perform maintenance and fueling of equipment only when necessary, and in a designated, bermed area or over a drip pan that will not allow run-on of storm water or runoff of spills. c. DBE must use secondary containment, such as a drip pan, to catch leaks or spills any time that equipment fluids are dispensed, changed, or poured. d. DBE must keep a stockpile of spill cleanup materials, such as rags or absorbents, readily accessible on-site to clean up drips and spills. e. DBE must clean up leaks and spills of vehicle or equipment fluids immediately and dispose of the waste and cleanup materials as hazardous waste, as described above. f. DBE will not wash any spilled material into streets, gutters, storm drains, or creeks and shall not bury spilled hazardous materials. g. DBE must report any hazardous materials spill by calling 911. After the emergency has been reported, DBE must notify the City’s Public Works Environmental Division. h. DBE must inspect vehicles and equipment arriving on-site for leaking fluids and shall promptly repair leaking vehicles and equipment. Drip Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 54 pans must be used to catch leaks until repairs are made. Shut-off valves on equipment must be working properly. i. DBE must comply with all applicable Laws for above-ground storage tanks. (6) DBE Training and Awareness. a. DBE must train all employees and Subcontractors on the SWPPP requirements contained in these General Conditions. b. DBE must include appropriate provisions in its subcontracts to ensure that these SWPPP requirements are met. c. DBE must post warning signs in areas treated with chemicals. d. DBE must paint City-approved stencil or, preferably, apply steel medallions to, any new catch basins with the “No Dumping, Flows to Creek” stencil or medallion markers available from the City’s Public Works Environmental Division. (7) Activity-Specific Requirements. The following requirements apply if the Project includes the listed activities. a. Dewatering or Pumping Operations. i. DBE must not discharge water to the storm drain system. Water discharges must be directed to a pervious, landscaped, or bioretention area where water will be infiltrated without causing runoff, or routed to the sanitary sewer system after obtaining a permit from Cupertino Sanitary District or Sunnyvale Sanitary, depending on which has jurisdictional authority, or contained using a Baker tank or other means to collect the water for re-use or safe and legal disposal. DBE may contact the City’s Environmental Division for more information on these control measures. ii. DBE must obtain approval of the City Engineer for any control measure in advance. iii. DBE must reuse water for other needs, including but not limited to dust control or irrigation, to the maximum extent practicable. b. Paving Operations. i. When rain is forecast within 24 hours or during wet weather, the City Engineer may require that paving be delayed for more suitable conditions. ii. The City Engineer may direct DBE to protect drainage courses by using control measures, including but not limited to, earth dike, straw bale, and sandbag, to divert runoff or trap and filter sediment. DBE must refer to California Storm Water Best Management Practice Handbook for these control measures. iii. DBE must place drip pans or absorbent material under paving equipment when not in use. iv. DBE must securely cover catch basins and manholes when paving or applying seal coat, tack coat, slurry seal, or fog seal. v. DBE must remove, clean and reapply or replace catch basin covers as often as needed to ensure protection of the storm drain system from any material other than rain. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 55 vi. Before Final Completion, DBE must remove and dispose of all catch basin covers and material trapped by the covers. If DBE fails to remove and dispose of the covers and materials trapped, City reserves the right to delay final inspection and/or deduct monies from payments due DBE to compensate the City for its additional costs for removal and disposal of catch basin protection. vii. If the paving operation includes an on-site mixing plant, DBE must comply with Santa Clara County General Industrial Activities Storm Water Permit requirements. viii. DBE must preheat, transfer or load hot bituminous material away from drainage systems or watercourses. ix. DBE will not sweep or wash down excess sand (placed as part of a sand seal or to absorb excess oil) into streets, gutters, storm drains, or creeks. DBE must either collect the sand and return it to the stockpile, or dispose of it in a trash container. DBE will not use water to wash down fresh asphalt concrete pavement. c. Saw Cutting. i. DBE must use as little water as possible during saw cutting and grinding operations. ii. DBE must cover or barricade catch basins using control measures, including but not limited to as filter fabric, straw bales, sandbags, and fine gravel dams, to keep slurry out of the storm drain system. When protecting a catch basin, DBE must ensure that the entire opening is covered. DBE must refer to California Storm Water Best Management Practice Handbook for these control measures. iii. DBE must remove, clean and reapply or replace catch basin covers. iv. Before Final Completion, DBE must remove and dispose of all catch basin covers. v. DBE must shovel, absorb or vacuum saw cut slurry and pick up the waste prior to moving to the next location or at the end of each working day, whichever is sooner. vi. If saw cut slurry enters catch basins, DBE must remove the slurry from the storm drain system immediately. d. Traffic Detector Loop Installation and Repair. i. DBE must protect nearby storm drain inlets prior to cutting or flushing slot for traffic detector loops. DBE must block or berm around nearby storm drain inlets using sandbags or an equivalent barrier or use absorbent materials such as pads, pillows and socks to contain slurry. ii. Before Final Completion, DBE must remove all sandbags and equivalent barriers and absorbent materials from the site and sweep the area clean and away from the storm drain inlet. iii. DBE must clean up residues by sweeping up as much material as possible and must dispose of material properly. e. Concrete, Grout and Mortar Waste Management. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 56 i. DBE must avoid mixing excess amounts of fresh concrete or cement mortar on-site. ii. DBE must store concrete, grout and mortar away from drainage areas and ensure that these materials do not enter the storm drain system. iii. DBE will not wash out concrete trucks or equipment into streets, gutters, storm drains, or creeks. iv. DBE must perform washout of concrete trucks or equipment off-site or in a designated area on-site where the water will flow onto dirt or into a temporary pit in a dirt area. DBE must let the water percolate into the soil and dispose of the hardened concrete in a trash container. If a suitable dirt area is not available, DBE must collect the wash water and remove it off-site. v. DBE will prevent creating runoff by draining water from washing of exposed aggregate concrete to a dirt area. If a suitable dirt area is not available, DBE must collect the wash water and remove it off- site. vi. Before Final Completion, DBE must remove all protective measures and treatment materials and sweep the site clean. vii. DBE must collect and return sweepings from exposed aggregate concrete to a stockpile or dispose of the waste in a trash container. f. Painting. i. DBE must conduct cleaning of painting equipment and tools in a designated area that will not allow run-on of storm water or runoff of spills. ii. DBE will not allow wash water from cleaning of painting equipment and tools into streets, gutters, storm drains or creeks. iii. DBE will remove as much excess paint as possible from brushes, rollers and equipment before starting cleanup. iv. To the maximum extent practicable and with permission from Cupertino Sanitary District, DBE will dispose of wash water from aqueous cleaning of equipment and tools to the sanitary sewer. v. If DBE cannot dispose of wash water to the sanitary sewer, DBE must direct wash water onto dirt area and spade in. vi. To the maximum extent practicable, DBE will filter paint thinner and solvents for reuse. vii. DBE must dispose of thinners, solvents, oil and water-based paint, and sludge from cleaning of equipment and tools as hazardous waste, as described in these General Conditions. viii. DBE must store paint, solvents, chemicals, and waste materials in compliance with the City of Cupertino Hazardous Materials Storage Ordinance and all applicable state and federal regulations. DBE must store these materials in a designated area that will not allow run-on of storm water or runoff of spills. ix. DBE must dispose of dry or empty paint cans and buckets, old brushes, rollers, rags, and drop cloths in the trash. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 57 g. Earthwork. i. DBE must use the BMPs for erosion and sedimentation in either the California Storm Water Best Management Practice Handbook - Construction Activity or the ABAG Manual of Standards for Erosion and Sediment Control Measures. h. Thermoplastic. i. DBE must transfer and load hot thermoplastic away from drainage systems or watercourses. ii. DBE must sweep thermoplastic grindings into plastic bags. Yellow thermoplastic grindings may require special handling as they may contain paint. i. Pesticide Usage and Pest Management. i. DBE must follow all federal, state, and local policies (including the City’s Integrated Pest Management Policy), laws, and regulations governing the use, storage, and disposal of pesticides and training of pest control advisors and applicators. ii. DBE must submit pest management control methods to City Engineer for approval. Such control methods may include, but are not limited to: no controls; physical or mechanical methods; environmental controls (mulching, pest-resistant vegetation); biological controls (predators, parasites, etc.); less toxic controls (soaps, oils, etc.); and hot water. iii. DBE must notify and receive permission from the City Engineer and the Public Works Environmental Division before applying any pesticides. iv. If permitted to use pesticides, DBE must use the least toxic pesticides available and the use and type of such pesticides must be approved by the City. The City will consider the LD50, overall risk to the applicator, and impact to the environment when approving the use of pesticides. v. DBE must apply pesticides at the appropriate time to maximize their effectiveness and minimize the likelihood of discharging non- degraded pesticides in stormwater runoff. DBE will not apply pesticides if rain is expected. vi. DBE must mix and apply only as much material as is necessary for treatment. DBE must calibrate application equipment prior to and during use to ensure desired application rate. vii. DBE will not mix or load pesticides in application equipment adjacent to a storm drain inlet culvert or watercourse. viii. DBE will not use Clopyralid, Diazinon, Chlorpyrifos, Chloradane, DDT, Dieldrin or other organophosphates. Fipronil and pyrethroids including, but not limited to Deltamethrin and Bifenthrin, will not be applied on City property. ix. DBE must submit monthly summaries of pesticide use to the Public Works Environmental Division on appropriate City form. Information provided must include, at a minimum, the product used, the method Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 58 of application, date applied, the area to which it is applied, and the amount applied. 7.20 Traffic Control and Public Safety. (A) Fences and Barriers. DBE must furnish, erect, and maintain fences, barriers, lights, and signs, and must provide flagging and guards as necessary to give adequate warning to the public of the construction and of any dangerous condition at DBE’s sole cost and expense. City must approve all signs as to size, wording, and location. City, in its sole discretion, may direct DBE to implement additional measures. DBE may be required to cover certain signs which regulate or direct public traffic to roadways that are not open to traffic. The City Engineer will determine which signs must be covered. (B) Manual on Uniform Traffic Control Devices (MUTCD). Notwithstanding the requirements of this Section 7.20, all fences, barriers, signs, lights, flags, and other warning and safety devices and their use must conform to the requirements of Part 6 of the United States Department of Transportation MUTCD and the MUTCD California Supplement. (C) Sign Conflicts. Signs and other protective devices furnished and erected by DBE will not obscure the visibility of, nor conflict in intent, meaning, and function of, existing signs, lights, and traffic control devices or any construction area signs and traffic control devices (D) Public Access. DBE must conduct operations in the manner that offers the least possible obstruction and inconvenience to the public. DBE must complete the Work in a manner that allows for access to public rights-of-way. Unless otherwise provided in the Contract Documents, all public traffic must be permitted to pass through the Work with as little inconvenience and delay as possible. Where possible, public traffic must be routed on new or existing paved surfaces. (E) Public Spills. Spillage resulting from hauling operations along or across any public right-of-way must be removed immediately by DBE at DBE's sole cost and expense. (F) Existing Traffic Signals. Existing traffic signals and highway lighting must be kept in operation and available for routine maintenance during construction. (G) Abutting Properties. Construction operations must be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners. DBE must maintain convenient access to driveways, houses, and buildings, and temporary approaches to crossings or intersecting highways must be provided and kept in good condition. When an abutting property owner's access across the right-of-way line is to be eliminated or replaced by other access facilities, the existing access will not be closed until the replacement access facilities are usable. (H) Lane Closures. Lane closures are not permitted before 7:00 A.M. or after 5:00 P.M. from Monday through Friday or as otherwise specified in the Special Conditions or Specifications. City may, at its sole discretion, approve lane closures during this time Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 59 upon written request from DBE. DBE must maintain a minimum of two travel lanes for traffic use (one in each direction) at all times. (I) Costs. DBE is solely responsible for all costs for all required traffic control and public safety measures. 7.21 Noise Control. DBE must comply with all applicable noise control laws, ordinances, regulations and rules. Noise control requirements apply to all equipment used for the Work or related to the Work, including trucks, transit mixers or transient equipment that may or may not be owned by DBE . 7.22 Fire Protection Plan. If a fire protection plan is required for this Project, within 21 days after the date of issuance of the Notice to Proceed with Construction Services, DBE must submit to the City Engineer a fire protection plan that has been reviewed and approved by the Santa Clara County Fire Department. In addition to any specified requirements for the fire protection plan, the plan should address all of the following: (A) Equipment spark arresters; (B) Fire-extinguishing equipment at the Worksite(s); (C) Fire response procedures; (D) Notification to authorities of any fire; (E) Fire equipment access during performance of the Work and after hours; (F) Educating and training workers to comply with the fire protection plan (G) Safe storage and transport of flammable materials; and (H) Equipment for ventilation and illumination. 7.23 Mined Materials. Pursuant to Public Contract Code § 20676, DBE will not purchase any sand, gravel, or other minerals for the Work from an operation subject to the Surface Mining and Reclamation Act of 1975 (Public Resources Code § 2710 et seq.) unless the DBE certifies, under penalty of perjury, that the minerals are from a mining operation included on the AB 3098 List, which may be accessed online at: https://www.conservation.ca.gov/smgb/Pages/AB-3098-List.aspx. Article 8 - Payment 8.1 Payment. For all Services performed in compliance with the Contract Documents, City will compensate DBE in an amount not to exceed the Contract Price, as adjusted by approved Change Orders, if any, as further specified below. 8.2 Schedule of Values. Prior to commencing the Construction Phase, DBE must prepare and submit to the Project Manager a schedule of values apportioned to the various divisions and phases of the Work, including cost allocations for both the Design Services and the Construction Services to be provided during the Construction Phase. Each line item contained in the schedule of values must be assigned a value such that the total of Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 60 all items required for the Construction Services does not exceed the Contract Price for Construction Services under Section 3.1(B) of the Contract. The items must be sufficiently detailed to enable accurate evaluation of the percentage of completion claimed in each application for payment, and the assigned value consistent with any itemized or unit pricing submitted with DBE’s Proposal. (A) Measurements for Unit Price Work. Materials and items of Work to be paid for on the basis of unit pricing (if any) will be measured according to the methods specified in the Contract Documents. (B) Deleted or Reduced Work. DBE will not be compensated for Work that City has deleted or reduced in scope, except for any labor, material or equipment costs for such Work that DBE reasonably incurred before DBE learned that the Work could be deleted or reduced. DBE will only be compensated for those actual, direct and documented costs incurred, and will not be entitled to any mark up for overhead or lost profits for deleted or reduced scope. 8.3 Progress Payments. Following the last day of each month, or as otherwise required by the Special Conditions or Specifications, DBE will submit to the Project Manager for approval, a monthly application for payment for Work performed during the preceding month based on the estimated value of the Design Services or Construction Services performed during that preceding month. (A) Application for Payment. (1) Each application for payment for Design Services must summarize the Design Services provided during the preceding month and identify each Design Professional that provided those services. (2) Each application for payment for Construction Services must be itemized to include labor, materials, and equipment incorporated into the Work, and materials and equipment delivered to the Project site, as well as authorized and approved Change Orders. Each application for payment for Construction Services must be supported by DBE’s schedule of values and any other substantiating data required by the Contract Documents. If requested by the Project Manager, each application for payment for Construction Services must also be accompanied by an executed Conditional Waiver and Release Upon Progress Payment, using the form specified in Civil Code § 8132 for each Subcontractor that performed Work during the period covered by that application. The application for payment for Construction Services must also include the monthly report documenting compliance with the Skilled and Trained Workforce requirements pursuant to Public Contract Code § 2602, and as specified in Section 9.6, below. (B) Payment of Undisputed Amounts. (1) City will pay the undisputed amount due, as certified by the Project Manager, within 30 days after DBE has submitted a complete and accurate payment application, subject to Public Contract Code § 20104.50. City will deduct a percentage from each progress payment as retention, as set forth in Section 8.6, below, and may withhold additional amounts as set forth in Section 8.4, below. (2) If required by the Project Manager, within 45 days after receipt of each payment from City for Construction Services, DBE must submit an executed Unconditional Waiver and Release Upon Progress Payment, using the form Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 61 specified in Civil Code § 8134, from each Subcontractor that has received a progress payment from DBE following DBE’s receipt of payment from City. 8.4 Adjustment of Payment Application. City may adjust or reject the amount requested, in a payment application, including application for Final Payment, in whole or in part, if the amount requested is disputed or unsubstantiated. DBE will be notified in writing of the basis for the modifications to the amount requested. City may also deduct or withhold from payment otherwise due based upon any of the circumstances listed below. Sums withheld from payment otherwise due will be released when the basis for that withholding has been remedied and no longer exists. (A) DBE’s unexcused failure to perform the Work as required by the Contract Documents, including correction or completion of punch list items City may withhold or deduct an amount based on the City’s estimated cost to correct or complete the Work; (B) Loss or damage caused by DBE or its Subcontractors arising out of or relating to performance of the Work or any failure to protect the Project Site, City may deduct an amount based on the estimated cost to repair or replace; (C) DBE’s failure to pay its Subcontractors and suppliers when payment is due, City may withhold an amount equal to the total of past due payments and may opt to pay that amount separately via joint check pursuant to Section 8.6(B), Joint Checks. (D) DBE’s failure to timely correct rejected, nonconforming, or defective Work, City may withhold or deduct an amount based on the City’s estimated cost to correct or complete the Work; (E) For any unreleased stop notice, City may withhold 125% of the amount claimed; (F) DBE’s failure to submit any required schedule, schedule update or daily reports in the manner and within the time specified in the Contract Documents, City may withhold or deduct an amount an amount equal to ten percent of the total amount requested until DBE complies with its schedule submittal obligations; (G) DBE’s failure to maintain or submit as-built documents in the manner and within the time specified in the Contract Documents City may withhold or deduct an amount based on the City’s cost to prepare the as-builts; (H) For Work performed without Shop Drawings that have been accepted by City, when accepted Shop Drawings are required before proceeding with the Work, City may deduct an amount based on the estimated costs to correct unsatisfactory work or diminution in value; (I) For fines, payments, or penalties assessed under the Labor Code, City may deduct from payments due to DBE as required by Laws and as directed by the Division of Labor Standards Enforcement; (J) For any other costs or charges that may be withheld or deducted from payments to DBE, as provided in the Contract Documents, including liquidated damages, City may withhold or deduct such amounts from payment otherwise due to DBE; and (K) For failure to release claims as to undisputed amounts pursuant to Section 8.10, below 8.5 Early Occupancy. Neither City’s payment of progress payments nor its partial or full use or occupancy of the Project constitutes acceptance of any part of the Work. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 62 8.6 Retention. City will retain five percent of the amount due on each progress payment (i.e., the amount due before any withholding or deductions pursuant to Section 8.4, Adjustment to Payment Application), or the percentage stated in the RFP, whichever is greater, as retention to ensure full and satisfactory performance of the Services. DBE is not entitled to any reduction in the rate of withholding at any time, nor to release of any retention before 35 days following City’s recordation of the Notice of Completion, subject to the terms of Public Contract Code § 7107. (A) Substitution of Securities. As provided by Public Contract Code § 22300, DBE may request in writing that it be allowed, at its sole expense, to substitute securities for the retention withheld by City. Any escrow agreement entered into pursuant to this provision will fully comply with Public Contract Code § 22300 and will be subject to approval as to form by City’s legal counsel. If City exercises its right to draw upon such securities in the event of default pursuant to section (7) of the statutory Escrow Agreement for Security Deposits in Lieu of Retention, pursuant to subdivision (f) of Public Contract Code § 22300 (“Escrow Agreement”), and if DBE disputes that it is in default, its sole remedy is to comply with the dispute resolution procedures in Article 12 and the provisions therein. It is agreed that if any individual authorized to give or receive written notice on behalf of a party pursuant to section (10) of the Escrow Agreement are unavailable to give or receive notice on behalf of that party due to separation from employment, retirement, death, or other circumstances, the successor or delegee of the named individual is deemed to be the individual authorized to give or receive notice pursuant to section (10) of the Escrow Agreement. (B) Release of Undisputed Retention. All undisputed retention, less any amounts that may be assessed as liquidated damages, retained for stop notices, or otherwise withheld pursuant to Section 8.4 or 8.7, will be released as Final Payment to DBE no sooner than 35 days following recordation of the notice of completion, and no later than 60 days following acceptance of the Project by City’s governing body or authorized designee pursuant to Section 11.1(C) Acceptance, or, if the Project has not been accepted, no later than 60 days after the Project is otherwise considered complete pursuant to Public Contract Code § 7107(c), as determined by City based on its records. 8.7 Setoff. City is entitled to set off any amounts due from DBE against any payments due to DBE. City’s entitlement to setoff includes progress payments as well as Final Payment and release of retention. 8.8 Payment to Subcontractors and Suppliers. Each month, DBE must promptly pay each Subcontractor and supplier the value of the portion of labor, materials, and equipment incorporated into the Work or delivered to the Project site by the Subcontractor or supplier during the preceding month. Such payments must be made in accordance with the requirements of Laws pertaining to such payments, and those of the Contract Documents and applicable subcontract or supplier contract. (A) Withholding for Stop Notice. City will withhold 125% of the amount claimed by an unreleased stop notice, a portion of which may be retained by City for the costs incurred in handling the stop notice claim, including attorneys’ fees and costs, as authorized by law. (B) Joint Checks. City reserves the right, acting in its sole discretion, to issue joint checks made payable to DBE and its Subconsultants, Subcontractors or suppliers, if City determines this is necessary to ensure fair and timely payment for a Subcontractor or supplier who has provided services or goods for the Project. As a condition to release of payment by a joint check, the joint check payees may be required to execute a joint check agreement in a form provided or approved by the City Attorney’s Office. The joint Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 63 check payees will be jointly and severally responsible for the allocation and disbursement of funds paid by joint check. Payment by joint check will not be construed to create a contractual relationship between City and a Subcontractor or supplier of any tier beyond the scope of the joint check agreement. 8.9 Final Payment. DBE’s application for Final Payment must comply with the requirements for submitting an application for a progress payment as stated in Section 8.3, above. Corrections to previous progress payments, including adjustments to estimated quantities for unit priced items, may be included in the Final Payment. If DBE fails to submit a timely application for Final Payment, City reserves the right to unilaterally process and issue Final Payment without an application from DBE in order to close out the Project. For the purposes of determining the deadline for Claim submission pursuant to Article 12, the date of Final Payment is deemed to be the date that City acts to release undisputed retention as final payment to DBE, or otherwise provides written notice to DBE of Final Payment or that no undisputed funds remain available for Final Payment due to offsetting withholdings or deductions pursuant to Section 8.4, Adjustment of Payment Application. If the amount due from DBE to City exceeds the amount of Final Payment, City retains the right to recover the balance from DBE or its sureties. 8.10 Release of Claims. City may, at any time, require that payment of the undisputed portion of any progress payment or Final Payment (excepting undisputed retention subject to release under Public Contract Code § 7107) be contingent upon DBE furnishing City with a written waiver and release of all claims against City arising from or related to the portion of Work covered by those undisputed amounts subject to the limits of Public Contract Code § 7100. The waiver and release of claims must be submitted using the City’s Release of Claims form. Any disputed amounts may be specifically excluded from the release. 8.11 Warranty of Title. DBE warrants that title to all work, materials, or equipment incorporated into the Work or delivered to a Project site, and included in a request for payment will pass over to City free of any claims, liens, or encumbrances upon any payment to DBE. Article 9 - Labor Provisions 9.1 Discrimination Prohibited. Discrimination against any prospective or present employee engaged in the Work on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status is strictly prohibited. DBE and its Subcontractors are required to comply with all applicable Laws prohibiting discrimination, including the California Fair Employment and Housing Act (Government Code § 12900 et seq.), Government Code § 11135, and Labor Code §§ 1735, 1777.5, 1777.6, and 3077.5. 9.2 Labor Code Requirements. The following requirements apply to any work classified as "public works" pursuant to Labor Code § 1720 et seq. (and any corresponding regulations): (A) Eight Hour Day. Pursuant to Labor Code § 1810, eight hours of labor constitute a legal day’s work under this Contract. (B) Penalty. Pursuant to Labor Code § 1813, DBE will forfeit to City as a penalty, the sum of $25.00 for each day during which a worker employed by DBE or any Subcontractor is required or permitted to work more than eight hours in any one calendar day or more than 40 hours per calendar week, except if such workers are paid overtime under Labor Code § 1815. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 64 (C) Apprentices. DBE is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code § 1777.5, which is fully incorporated by reference. (D) Notices. Pursuant to Labor Code § 1771.4, DBE is required to post all job site notices prescribed by Laws. 9.3 Prevailing Wages. Each worker performing Work under this Contract that is covered under Labor Code § 1720 or 1720.9, including cleanup at the Project site, must be paid at a rate not less than the prevailing wage as defined in § 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City and available online at http://www.dir.ca.gov/dlsr. DBE must post a copy of the applicable prevailing rates at the Project site. (A) Penalties. Pursuant to Labor Code § 1775, DBE and any Subcontractor will forfeit to City as a penalty up to $200.00 for each calendar day, or portion a day, for each worker paid less than the applicable prevailing wage rate. DBE must also pay each worker the difference between the applicable prevailing wage rate and the amount actually paid to that worker. (B) Federal Requirements. If the Project is subject to federal prevailing wage requirements in addition to California prevailing wage requirements, DBE and its Subcontractors are required to pay the higher of the currently applicable prevailing wage rates. 9.4 Payroll Records. At all times during performance of Construction Services, DBE must comply with the provisions of Labor Code §§ 1776 and 1812 and all implementing regulations, which are fully incorporated by this reference, including requirements for electronic submission of payroll records. (A) DBE and Subcontractor Obligations. DBE and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct. (2) DBE or Subcontractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project. (B) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, or to the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code. (C) Enforcement. Upon notice of noncompliance with Labor Code § 1776, DBE or Subcontractor has ten days in which to comply with the requirements of this section. If DBE or Subcontractor fails to do so within the ten day period, DBE or Subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from progress payments then due to the DBE. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 65 9.5 Labor Compliance. Pursuant to Labor Code § 1771.4, Services subject to this Article are subject to compliance monitoring and enforcement by the DIR. 9.6 Skilled and Trained Workforce. DBE and its Subcontractors of every tier must use a Skilled and Trained Workforce, to perform all Work on the Project that falls within an apprenticeable occupation in the building and construction trades. DBE will submit a report each month to the City demonstrating compliance with this requirement during the previous calendar month. The monthly report on compliance with Skilled and Trained Workforce compliance during the previous calendar month, must be submitted with DBE’s monthly application for progress payments. Article 10 - Safety Provisions 10.1 Safety Precautions and Programs. DBE and its Subcontractors are fully responsible for safety precautions and programs, and for the safety of persons and property in the performance of the Work. DBE and its Subcontractors must at all times comply with all applicable safety Laws and seek to avoid injury, loss, or damage to persons or property by taking reasonable steps to protect its employees and other persons at the Worksite, materials and equipment stored on or off site, and property at or adjacent to the Worksite. (A) Reporting Requirements. DBE must immediately notify the City of any death, serious injury or illness resulting from Work on the Project. DBE must immediately provide a written report to City of each recordable accident or injury occurring at any Worksite within 24 hours of the occurrence. The written report must include: (1) the name and address of the injured or deceased person; (2) the name and address of each employee of DBE or of any Subcontractor involved in the incident; (3) a detailed description of the incident, including precise location, time, and names and contact information for known witnesses; and (4) a police or first responder report, if applicable. If DBE is required to file an accident report with a government agency, DBE will provide a copy of the report to City. (B) Legal Compliance. DBE’s safety program must comply with the applicable legal and regulatory requirements. DBE must provide City with copies of all notices required by Laws. (C) DBE’s Obligations. Any damage or loss caused by DBE arising from the Work which is not insured under property insurance must be promptly remedied by DBE. (D) Remedies. If City determines, in its sole discretion, that any part of the Work or Project site is unsafe, City may, without assuming responsibility for DBE’s safety program, require DBE or its Subcontractor to cease performance of the Work or to take corrective measures to City’s satisfaction. If DBE fails to promptly take the required corrective measures, City may perform them and deduct the cost from the Contract Price. DBE agrees it is not entitled to submit a Claim for damages, for an increase in Contract Price, or for a change in Contract Time based on DBE’s compliance with City’s request for corrective measures pursuant to this provision. 10.2 Hazardous Materials. Unless otherwise specified, this Contract does not include the removal, handling, or disturbance of any asbestos or other Hazardous Materials. If DBE encounters materials on the Project site that DBE reasonably believes to be asbestos or other Hazardous Materials, and the asbestos or other Hazardous Materials have not been rendered harmless, DBE may continue Work in unaffected areas reasonably believed to be safe, but must immediately cease work on the area affected and report the condition to City. No asbestos, asbestos-containing products or other Hazardous Materials may be used in performance of the Work. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 66 10.3 Material Safety. DBE is solely responsible for complying with § 5194 of Title 8 of the California Code of Regulations, including by providing information to DBE’s employees about any hazardous chemicals to which they may be exposed in the course of the Work. A hazard communication program and other forms of warning and training about such exposure must be used. DBE must also maintain Safety Data Sheets (“SDS”) at the Project site, as required by Laws, for materials or substances used or consumed in the performance of the Work. The SDS will be accessible and available to DBE’s employees, Subcontractors, and City. (A) DBE Obligations. DBE is solely responsible for the proper delivery, handling, use, storage, removal, and disposal of all materials brought to the Project site and/or used in the performance of the Work. DBE must notify the City Engineer if a specified product or material cannot be used safely. (B) Labeling. DBE must ensure proper labeling on any material brought onto the Project site so that any persons working with or in the vicinity of the material may be informed as to the identity of the material, any potential hazards, and requirements for proper handling, protections, and disposal. 10.4 Hazardous Condition. DBE is solely responsible for determining whether a hazardous condition exists or is created during the course of the Work, involving a risk of bodily harm to any person or risk of damage to any property. If a hazardous condition exists or is created, DBE must take all precautions necessary to address the condition and ensure that the Work progresses safely under the circumstances. Hazardous conditions may result from, but are not limited to, use of specified materials or equipment, the Work location, the Project site condition, the method of construction, or the way any Work must be performed. 10.5 Emergencies. In an emergency affecting the safety or protection of persons, Work, or property at or adjacent to any Worksite, DBE must take reasonable and prompt actions to prevent damage, injury, or loss, without prior authorization from the City if, under the circumstances, there is inadequate time to seek prior authorization from the City. Article 11 - Completion and Warranty Provisions 11.1 Final Completion. (A) Final Inspection and Punch List. When the Work required by this Contract is fully performed, DBE must provide written notification to City requesting final inspection. The Project Manager will schedule the date and time for final inspection, which must include DBE’s primary representative for this Project and its superintendent for the Construction Services. Based on that inspection, City will prepare a punch list of any items that are incomplete, incorrectly installed, or otherwise not operating as required by the Contract Documents. City will deliver the punch list to DBE and will specify the time by which all of the punch list items must be completed or corrected. The punch list may include City’s estimated cost to complete each punch list item if DBE fails to do so within the specified time. The omission of any non-compliant item from a punch list will not relieve DBE from fulfilling all requirements of the Contract Documents. DBE’s failure to complete any punch list item within the time specified in the punch list will not waive or abridge its warranty obligations for any such items that must be completed by the City or by a third party retained by the City due to DBE’s failure to timely complete any such outstanding item. If DBE requests final inspection and City determines that Work exceeding five percent of the total value of the Contract, as adjusted, remains unfinished, Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 67 DBE will be responsible for City’s costs, including staff time, for performance of the final inspection on a premature basis. (B) Requirements for Final Completion. Final Completion will be achieved upon completion or correction of all punch list items, as verified by City’s further inspection, and upon satisfaction of all other Contract requirements, including any commissioning required under the Contract Documents and submission of all final submittals, instructions and manuals as required under Section 7.9, and as-built drawings as required under Section 7.10, all to City’s satisfaction. (C) Acceptance. The Project will be considered accepted upon City Council action during a public meeting to accept the Project, unless the City Engineer is authorized to accept the Project, in which case the Project will be considered accepted upon the date of the City Engineer’s issuance of a written notice of acceptance. In order to avoid delay of Project close out, the City may elect, acting in its sole discretion, to accept the Project as complete subject to exceptions for punch list items that are not completed within the time specified in the punch list. (D) Final Payment and Release of Retention. Final Payment and release of retention, less any sums withheld pursuant to the provisions of the Contract Documents, will not be made sooner than 35 days after recordation of the notice of completion. If DBE fails to complete all of the punch list items within the specified time, City may withhold up to 150% of City’s estimated cost to complete each of the remaining items from Final Payment and may use the withheld retention to pay for the costs to self-perform the outstanding items or to retain a third party to complete any such outstanding punch list item. 11.2 Warranty. (A) General. DBE warrants that all materials and equipment will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. DBE further warrants that the Work will be free from material defects not intrinsic in the design or materials required in the Contract Documents. DBE warrants that materials or items incorporated into the Work comply with the requirements and standards in the Contract Documents, including compliance with Laws, and that any Hazardous Materials encountered or used were handled as required by Laws. At City’s request, DBE must furnish satisfactory evidence of the quality and type of materials and equipment furnished. DBE’s warranty does not extend to damage caused by normal wear and tear, or improper use or maintenance. (B) Warranty Period. DBE’s warranty must guarantee its Work for a period of one year from the date of recordation of the notice of completion (the “Warranty Period”), except when a longer guarantee is provided by a supplier or manufacturer or is required by the Specifications or Special Conditions. DBE must obtain from its Subcontractors, suppliers and manufacturers any special or extended warranties required by the Contract Documents. (C) Warranty Documents. As a condition precedent to Final Completion, DBE must supply City with all warranty and guarantee documents relevant to equipment and materials incorporated into the Work and guaranteed by their suppliers or manufacturers. (D) Subcontractors. The warranty obligations in the Contract Documents apply to Work performed by DBE and its Subcontractors, and DBE agrees to be co-guarantor of such Work. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 68 (E) DBE’s Obligations. Upon written notice from City to DBE of any defect in the Work discovered during the Warranty Period, DBE or its responsible Subcontractor must promptly correct the defective Work at its own cost. DBE’s obligation to correct defects discovered during the Warranty Period will continue past the expiration of the Warranty Period as to any defects in Work for which DBE was notified prior to expiration of the Warranty Period. Work performed during the Warranty Period (“Warranty Work”) will be subject to the warranty provisions in this Section 11.2 for a one-year period that begins upon completion of such Warranty Work to City’s satisfaction. (F) City’s Remedies. If DBE and/or its responsible Subcontractor fails to correct defective Work within ten days following notice by City, or sooner if required by the circumstances, DBE expressly agrees that City may correct the defects to conform with the Contract Documents at DBE’s sole expense, and DBE agrees to reimburse City for its costs in accordance with subsection (H), below. (G) Emergency Repairs. In cases of emergency where any delay in correcting defective Work could cause harm, loss or damage, City may immediately correct the defects to conform with the Contract Documents at DBE’s sole expense. DBE or its surety must reimburse City for its costs in accordance with subsection (H), below. (H) Reimbursement. DBE must reimburse City for its costs to repair under subsections (F) or (G), above, within 30 days following City’s submission of a demand for payment pursuant to this provision. If City is required to initiate legal action to compel DBE’s compliance with this provision, and City is the prevailing party in such action, DBE and its surety are solely responsible for all of City’s attorney’s fees and legal costs expended to enforce DBE’s warranty obligations herein, in addition to any and all costs City incurs to correct the defective Work. 11.3 Use Prior to Final Completion. City reserves the right to occupy or make use of the Project, or any portions of the Project, prior to Final Completion if City has determined that the Project or portion of it is in a condition suitable for the proposed occupation or use, and that it is in its best interest to occupy or make use of the Project, or any portions of it, prior to Final Completion. City will notify DBE in writing of its intent to occupy or make use of the Project or any portions of the Project, pursuant to this provision. (A) Non-Waiver. Occupation or use of the Project, in whole or in part prior to Final Completion will not operate as acceptance of the Work or any portion of it, nor will it operate as a waiver of any of City’s rights or DBE’s duties pursuant to these Contract Documents, and will not affect nor bear on the determination of the time of substantial completion with respect to any statute of repose pertaining to the time for filing an action for construction defect. (B) City’s Responsibility. City will be responsible for the cost of maintenance and repairs due to normal wear and tear with respect to those portions of the Project that are being occupied or used before Final Completion. The Contract Price or the Contract Time may be adjusted pursuant to the applicable provisions of these Contract Documents if, and only to the extent that, any occupation or use under this Section actually adds to DBE’s cost or time to complete the Work within the Contract Time. 11.4 Substantial Completion. For purposes of determining “substantial completion” with respect to any statute of repose pertaining to the time for filing an action for construction defect, “substantial completion” is deemed to mean the last date that DBE or any Subcontractor performs Work on the Project prior to recordation of the notice of completion, except for warranty work performed under this Article. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 69 Article 12 - Dispute Resolution 12.1 Claims. This Article applies to and provides the exclusive procedures for any Claim arising from or related to the Contract or performance of the Work. (A) Limitations. A Claim may only include the portion of a previously rejected demand that remains in dispute between DBE and City. With the exception of any dispute regarding the amount of money actually paid to DBE as Final Payment, DBE is not entitled to submit a Claim demanding a change in the Contract Time or the Contract Price, which has not previously been submitted to City in full compliance with Article 5 and Article 6, and subsequently rejected in whole or in part by City. (B) Scope of Article. This Article is intended to provide the exclusive procedures for submission and resolution of Claims of any amount, and applies in addition to the provisions of Public Contract Code § 9204 and § 20104 et seq., which are incorporated by reference herein. (C) No Work Delay. Notwithstanding the submission of a Claim or any other dispute between the parties related to the Project or the Contract Documents, DBE must perform the Work and may not delay or cease Work pending resolution of a Claim or other dispute, but must continue to diligently prosecute the performance and timely completion of the Work, including the Work pertaining to the Claim or other dispute. (D) Informal Resolution. DBE will make a good faith effort to informally resolve a dispute before initiating a Claim, preferably by face-to-face meeting between authorized representatives of DBE and City. 12.2 Claims Submission. The following requirements apply to any Claim subject to this Article: (A) Substantiation. The Claim must be submitted to City in writing by registered or certified mail with return receipt requested and clearly identified as a “Claim” submitted pursuant to this Article 12, and must include all of the documents necessary to substantiate the Claim including the Change Order request that was rejected in whole or in part, and a copy of City’s written rejection that is in dispute. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Contract Documents, and a chronology of relevant events. Any Claim for additional payment must include a complete, itemized breakdown of all known or estimated labor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each component of claimed cost. Any Claim for an extension of time or delay costs must be substantiated with a schedule analysis and narrative depicting and explaining claimed time impacts. (B) Claim Format and Content. A Claim must be submitted in the following format: (1) Provide a cover letter, specifically identifying the submission as a “Claim” submitted under this Article 12, and specifying the requested remedy (e.g., amount of proposed change to Contract Price and/or change to Contract Time). (2) Provide a summary of each Claim, including underlying facts and the basis for entitlement, and identify each specific demand at issue, including the specific Change Order request (by number and submittal date), and the date of City's rejection of that demand, in whole or in part. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 70 (3) Provide a detailed explanation of each issue in dispute. For multiple issues included within a single Claim or for multiple Claims submitted concurrently, separately number and identify each individual issue or Claim, and include the following for each separate issue or Claim: a. A succinct statement of the matter in dispute, including DBE’s position and the basis for that position; b. Identify and attach all documents that substantiate the Claim, including relevant provisions of the Contract Documents, calculations, and schedule analysis (see subsection (A), Substantiation, above); c. A chronology of relevant events; and d. Analysis and basis for claimed changes to Contract Price, Contract Time, or any other remedy requested. (4) Provide a summary of issues and corresponding claimed damages. If, by the time of the Claim submission deadline (below), the precise amount of the requested change in the Contract Price or Contract Time is not yet known, DBE must provide a good faith estimate, including the basis for that estimate, and must identify the date by which it is anticipated that the Claim will be updated to provide final amounts. (5) Include the following certification, executed by DBE’s authorized representative: “The undersigned DBE certifies under penalty of perjury that its statements and representations in this Claim submittal are true and correct. DBE warrants that this Claim submittal is comprehensive and complete as to the matters in dispute, and agrees that any costs, expenses, or delay claim not included herein are deemed waived. DBE understands that submission of a Claim which has no basis in fact or which DBE knows to be false may violate the False Claims Act (Government Code § 12650 et seq.).” (C) Submission Deadlines. (1) A Claim must be submitted within 21 days following the date that City notified DBE in writing that a request for a change in the Contract Time or Contract Price, duly submitted in compliance with Article 5 and Article 6, has been rejected in whole or in part. A Claim disputing the terms of a unilateral Change Order must be submitted within 21 days following the date of issuance of the unilateral Change Order. These Claim deadlines apply even if DBE cannot yet quantify the total amount of any requested change in the Contract Time or Contract Price. If the DBE cannot quantify those amounts, it must submit an estimate of the amounts claimed pending final determination of the requested remedy by DBE. (2) With the exception of any dispute regarding the amount of Final Payment, any Claim must be filed on or before the date of Final Payment, or will be deemed waived. (3) A Claim disputing the amount of Final Payment must be submitted within 21 days of the effective date of Final Payment, under Section 8.9, Final Payment. (4) Strict compliance with these Claim submission deadlines is necessary to ensure that any dispute may be mitigated as soon as possible, and to facilitate Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 71 cost-efficient administration of the Project. Any Claim that is not submitted within the specified deadlines will be deemed waived by DBE. 12.3 City’s Response. City will respond within 45 days of receipt of the Claim with a written statement identifying which portion(s) of the Claim are disputed, unless the 45-day period is extended by mutual agreement of City and DBE or as otherwise allowed under Public Contract Code § 9204. However, if City determines that the Claim is not adequately substantiated pursuant to Section 12.2(A), Substantiation, City may first request in writing, within 30 days of receipt of the Claim, any additional documentation supporting the Claim or relating to defenses to the Claim that City may have against the Claim. (A) Additional Information. If additional information is thereafter required, it may be requested and provided upon mutual agreement of City and DBE. If DBE’s Claim is based on estimated amounts, DBE has a continuing duty to update its Claim as soon as possible with information on actual amounts in order to facilitate prompt and fair resolution of the Claim. (B) Non-Waiver. Any failure by City to respond within the times specified above will not be construed as acceptance of the Claim in whole or in part, or as a waiver of any provision of these Contract Documents. 12.4 Meet and Confer. If DBE disputes City’s written response, or City fails to respond within the specified time, within 15 days of receipt of City’s response, or within 15 days of City’s failure to respond within the applicable 45-day time period under Section 12.3, respectively, DBE may notify City of the dispute in writing sent by registered or certified mail, return receipt requested, and demand an informal conference to meet and confer for settlement of the issues in dispute. If DBE fails to dispute City’s response in writing within the specified time, DBE’s Claim will be deemed waived. (A) Schedule Meet and Confer. Upon receipt of the demand to meet and confer, City will schedule the meet and confer conference to be held within 30 days, or later if needed to ensure the mutual availability of each of the individuals that each party requires to represent its interests at the meet and confer conference. (B) Location for Meet and Confer. The meet and confer conference will be scheduled at a location at or near City’s principal office. (C) Written Statement After Meet and Confer. Within ten working days after the meet and confer has concluded, City will issue a written statement identifying which portion(s) of the Claim remain in dispute, if any. (D) Submission to Mediation. If the Claim or any portion remains in dispute following the meet and confer conference, within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute, the DBE may identify in writing disputed portion(s) of the Claim, which will be submitted for mediation, as set forth below. 12.5 Mediation and Government Code Claims. (A) Mediation. Within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute following the meet and confer, City and DBE will mutually agree to a mediator, as provided under Public Contract Code § 9204. Mediation will be scheduled to ensure the mutual availability of the selected mediator and all of the individuals that each party requires to represent its interests. If there are multiple Claims in dispute, the parties may agree to schedule the mediation to address all outstanding Claims at the same time. The parties will share the costs of the Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 72 mediator and mediation fees equally, but each party is otherwise solely and separately responsible for its own cost to prepare for and participate in the mediation, including costs for its legal counsel or any other consultants. (B) Government Code Claims. (1) Timely presentation of a Government Code Claim is a condition precedent to filing any legal action based on or arising from the Contract. Compliance with the Claim submission requirements in this Article 12 is a condition precedent to filing a Government Code Claim. (2) The time for filing a Government Code Claim will be tolled from the time DBE submits its written Claim pursuant to Section 12.2, above, until the time that Claim is denied in whole or in part at the conclusion of the meet and confer process, including any period of time used by the meet and confer process. However, if the Claim is submitted to mediation, the time for filing a Government Code Claim will be tolled until conclusion of the mediation, including any continuations, if the Claim is not fully resolved by mutual agreement of the parties during the mediation or any continuation of the mediation. 12.6 Tort Claims. This Article does not apply to tort claims and nothing in this Article is intended nor will be construed to change the time periods for filing tort-based Government Code Claims. 12.7 Arbitration. It is expressly agreed, under Code of Civil Procedure § 1296, that in any arbitration to resolve a dispute relating to this Contract, the arbitrator’s award must be supported by law and substantial evidence. 12.8 Burden of Proof and Limitations. DBE bears the burden of proving entitlement to and the amount of any claimed damages. DBE is not entitled to damages calculated on a total cost basis, but must prove actual damages. DBE is not entitled to speculative, special, or consequential damages, including home office overhead or any form of overhead not directly incurred at the Project site or any other Worksite; lost profits; loss of productivity; lost opportunity to work on other projects; diminished bonding capacity; increased cost of financing for the Project; extended capital costs; non-availability of labor, material or equipment due to delays; or any other indirect loss arising from the Contract. The Eichleay Formula or similar formula will not be used for any recovery under the Contract. The City will not be directly liable to any Subcontractor or supplier. 12.9 Legal Proceedings. In any legal proceeding that involves enforcement of any requirements of the Contract Documents, the finder of fact will receive detailed instructions on the meaning and operation of the Contract Documents, including conditions, limitations of liability, remedies, claim procedures, and other provisions bearing on the defenses and theories of liability. Detailed findings of fact will be requested to verify enforcement of the Contract Documents. All of the City's remedies under the Contract Documents will be construed as cumulative, and not exclusive, and the City reserves all rights to all remedies available under law or equity as to any dispute arising from or relating to the Contract Documents or performance of the Work. 12.10 Other Disputes. The procedures in this Article 12 will apply to any and all disputes or legal actions, in addition to Claims, arising from or related to this Contract, including disputes regarding suspension or early termination of the Contract, unless and only to the extent that compliance with a procedural requirement is expressly and specifically waived by City. Nothing in this Article is intended to delay suspension or termination under Article 13. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 73 Article 13 - Suspension and Termination 13.1 Suspension for Cause. In addition to all other remedies available to City, if DBE fails to perform or correct Work in accordance with the Contract Documents, including non- compliance with applicable environmental or health and safety Laws, City may immediately order the Work, or any portion of it, suspended until the circumstances giving rise to the suspension have been eliminated to City’s satisfaction. (A) Notice of Suspension. Upon receipt of City’s written notice to suspend the Work, in whole or in part, except as otherwise specified in the notice of suspension, DBE and its Subcontractors must promptly stop Work as specified in the notice of suspension; comply with directions for cleaning and securing the Worksite; and protect the completed and in-progress Work and materials. DBE is solely responsible for any damages or loss resulting from its failure to adequately secure and protect the Project. (B) Resumption of Work. Upon receipt of the City’s written notice to resume the suspended Work, in whole or in part, except as otherwise specified in the notice to resume, DBE and its Subcontractors must promptly re-mobilize and resume the Work as specified; and within ten days from the date of the notice to resume, DBE must submit a recovery schedule, prepared in accordance with the Contract Documents, showing how DBE will complete the Work within the Contract Time. (C) Failure to Comply. DBE will not be entitled to an increase in the Contract Time or Contract Price for a suspension occasioned by DBE’s failure to comply with the Contract Documents. (D) No Duty to Suspend. City’s right to suspend the Work will not give rise to a duty to suspend the Work, and City’s failure to suspend the Work will not constitute a defense to DBE’s failure to comply with the requirements of the Contract Documents. 13.2 Suspension for Convenience. City reserves the right to suspend, delay, or interrupt the performance of the Work in whole or in part, for a period of time determined to be appropriate for City’s convenience. Upon notice by City pursuant to this provision, DBE must immediately suspend, delay, or interrupt the Work and secure the Project site as directed by City except for taking measures to protect completed or in-progress Work as directed in the suspension notice, and subject to the provisions of Section 13.1(A) and (B), above. If DBE submits a timely request for a Change Order in compliance with Articles 5 and 6, the Contract Price and the Contract Time will be equitably adjusted by Change Order pursuant to the terms of Articles 5 and 6 to reflect the cost and delay impact occasioned by such suspension for convenience, except to the extent that any such impacts were caused by DBE’s failure to comply with the Contract Documents or the terms of the suspension notice or notice to resume. However, the Contract Time will only be extended if the suspension causes or will cause unavoidable delay in Final Completion. If DBE disputes the terms of a Change Order issued for such equitable adjustment due to suspension for convenience, its sole recourse is to comply with the Claim procedures in Article 12. 13.3 Termination for Default. City may declare that DBE is in default of the Contract for a material breach of or inability to fully, promptly, or satisfactorily perform its obligations under the Contract. (A) Default. Events giving rise to a declaration of default include DBE’s refusal or failure to supply sufficient skilled workers, proper materials, or equipment to perform the Work within the Contract Time; DBE’s refusal or failure to make prompt payment to its employees, Subcontractors, or suppliers or to correct defective Work or damage; DBE’s Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 74 failure to comply with Laws, or orders of any public agency with jurisdiction over the Project; evidence of DBE’s bankruptcy, insolvency, or lack of financial capacity to complete the Work as required within the Contract Time; suspension, revocation, or expiration and nonrenewal of contractor’s license or DIR registration; dissolution, liquidation, reorganization, or other major change in DBE’s organization, ownership, structure, or existence as a business entity; unauthorized assignment of DBE’s rights or duties under the Contract; or any material breach of the Contract requirements. (B) Notice of Default and Opportunity to Cure. Upon City’s declaration that DBE is in default due to a material breach of the Contract Documents, if City determines that the default is curable, City will afford DBE the opportunity to cure the default within ten days of City’s notice of default, or within a period of time reasonably necessary for such cure, including a shorter period of time if applicable. (C) Termination. If DBE fails to cure the default or fails to expediently take steps reasonably calculated to cure the default within the time period specified in the notice of default, City may issue written notice to DBE and its surety of City’s termination of the Contract for default. (D) Waiver. Time being of the essence in the performance of the Work, if DBE’s surety fails to arrange for completion of the Work in accordance with the Performance Bond within seven calendar days from the date of the notice of termination, DBE’s surety will be deemed to have waived its right to complete the Work under the Contract, and City may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement contractor, or by any other means that City determines advisable under the circumstances. DBE and its surety will be jointly and severally liable for any additional cost incurred by City to complete the Work following termination, where “additional cost” means all cost in excess of the cost City would have incurred if DBE had timely completed Work without the default and termination. In addition, City will have the right to immediate possession and use of any materials, supplies, and equipment procured for the Project and located at the Project site or any Worksite on City property for the purposes of completing the remaining Work. (E) Compensation. Within 30 days of receipt of updated as-builts, all warranties, manuals, instructions, or other required documents for Work installed to date, and delivery to City of all equipment and materials for the Project for which DBE has already been compensated, DBE will be compensated for the Work satisfactorily performed in compliance with the Contract Documents up to the effective date of the termination pursuant to the terms of Article 8, Payment, subject to City’s rights to withhold or deduct sums from payment otherwise due pursuant to Section 8.4, and excluding any costs DBE incurs as a result of the termination, including any cancellation or restocking charges or fees due to third parties. If DBE disputes the amount of compensation determined by City, its sole recourse is to comply with the Claim Procedures in Article 12, by submitting a Claim no later than 30 days following notice from City of the total compensation to be paid by City. (F) Wrongful Termination. If DBE disputes the termination, its sole recourse is to comply with the Claim procedures in Article 12. If a court of competent jurisdiction or an arbitrator later determines that the termination for default was wrongful, the termination will be deemed to be a termination for convenience, and DBE’s damages will be strictly limited to the compensation provided for termination for convenience under Section 13.4, below. DBE waives any claim for any other damages for wrongful termination including special or consequential damages, lost opportunity costs, or lost profits, and any award of damages is subject to Section 12.8, Burden of Proof and Limitations. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 75 13.4 Termination for Convenience. City reserves the right to terminate all or part of the Contract for convenience upon written notice to DBE. (A) Compensation to DBE. In the event of City’s termination for convenience, DBE waives any claim for damages, including for loss of anticipated profits from the Project. The following will constitute full and fair compensation to DBE, and DBE will not be entitled to any additional claim or compensation: (1) Completed Work. The value of its Work satisfactorily performed as of the date notice of termination is received, based on DBE’s schedule of values and unpaid costs for items delivered to the Project site that were fabricated for incorporation in the Work; (2) Demobilization. Demobilization costs specified in the schedule of values, or if demobilizations cost were not provided in a schedule of values, then based on actual, reasonable, and fully documented demobilization costs; and (3) Termination Markup. Five percent of the total value of the Work performed as of the date of notice of termination, including reasonable, actual, and documented costs to comply with the direction in the notice of termination for convenience, and demobilization costs, which is deemed to cover all overhead and profit to date. (B) Disputes. If DBE disputes the amount of compensation determined by City pursuant to paragraph (A), above, its sole recourse is to comply with the Claim procedures in Article 12, by submitting a Claim no later than 30 days following notice from City of total compensation to be paid by City. 13.5 Actions Upon Termination for Default or Convenience. The following provisions apply to any termination under this Article, whether for default or convenience, and whether in whole or in part. (A) General. Upon termination City may immediately enter upon and take possession of the Project and the Work and all tools, equipment, appliances, materials, and supplies procured or fabricated for the Project. DBE will transfer title to and deliver all completed Work and all Work in progress to City. (B) Submittals. Unless otherwise specified in the notice of termination, DBE must immediately submit to City all designs, drawings, as-built drawings, Project records, contracts with vendors and Subcontractors, manufacturer warranties, manuals, and other such submittals or Work-related documents required under the terms of the Contract Documents, including incomplete documents or drafts. (C) Close Out Requirements. Except as otherwise specified in the notice of termination, DBE must comply with all of the following: (1) Immediately stop the Work, except for any Work that must be completed pursuant to the notice of termination and comply with City’s instructions for cessation of labor and securing the Project and any other Worksite(s). (2) Comply with City’s instructions to protect the completed Work and materials, using best efforts to minimize further costs. (3) DBE must not place further orders or enter into new subcontracts for materials, equipment, services or facilities, except as may be necessary to complete any portion of the Work that is not terminated. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 76 (4) As directed in the notice, DBE must assign to City or cancel existing subcontracts that relate to performance of the terminated Work, subject to any prior rights, if any, of the surety for DBE’s performance bond, and settle all outstanding liabilities and claims, subject to City’s approval. (5) As directed in the notice, DBE must use its best efforts to sell any materials, supplies, or equipment intended solely for the terminated Work in a manner and at market rate prices acceptable to City. (D) Payment Upon Termination. Upon completion of all termination obligations, as specified herein and in the notice of termination, DBE will submit its request for Final Payment, including any amounts due following termination pursuant to this Article 13. Payment will be made in accordance to the provisions of Article 8, based on the portion of the Work satisfactorily completed, including the close out requirements, and consistent with the previously submitted schedule of values and unit pricing (as applicable), including demobilization costs. Adjustments to Final Payment may include deductions for the cost of materials, supplies, or equipment retained by DBE; payments received for sale of any such materials, supplies, or equipment, less re-stocking fees charged; and as otherwise specified in Section 8.4, Adjustment of Payment Application. (E) Continuing Obligations. Regardless of any Contract termination, DBE’s obligations for portions of the Work already performed will continue and the provisions of the Contract Documents will remain in effect as to any claim, indemnity obligation, warranties, guarantees, submittals of as-built drawings, instructions, or manuals, record maintenance, or other such rights and obligations arising prior to the termination date. Article 14 - Miscellaneous Provisions 14.1 Assignment of Unfair Business Practice Claims. Under Public Contract Code § 7103.5, DBE and its Subcontractors agree to assign to City all rights, title, and interest in and to all causes of action it may have under § 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with § 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract or any subcontract. This assignment will be effective at the time City tenders Final Payment to DBE, without further acknowledgement by the parties. 14.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the Contract Documents is deemed to be inserted, and the Contract Documents will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract Documents will be deemed amended accordingly. 14.3 Waiver. City’s waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of the Contract Documents will not be effective unless it is in writing and signed by City. City’s waiver of any breach, failure, right, or remedy will not be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless specified in writing by City. 14.4 Titles, Headings, and Groupings. The titles and headings used and the groupings of provisions in the Contract Documents are for convenience only and may not be used in the construction or interpretation of the Contract Documents or relied upon for any other purpose. Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS Project 2025-02 Page 77 14.5 Statutory and Regulatory References. With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference is deemed to be the version in effect on the date that that bids were due. 14.6 Survival. The provisions that survive termination or expiration of this Contract include Contract Section 11, Notice, and subsections 12.1, 12.2, 12.3, 12.4, 12.5, and 12.6, of Section 12, General Provisions; and the following provisions in these General Conditions: Section 2.3(D), Ownership of Documents, Section 2.4(J), DBE’s Records, Section 2.5(C), Termination, Section 4.2, Indemnity and Liability, Section 11.2, Warranty, and Article 12, Dispute Resolution. END OF GENERAL CONDITIONS Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 78 Special Conditions 1. Work Days and Hours. Work hours and noise pose a special concern for projects in residential neighborhoods. The City is very concerned for its residents and will diligently enforce the restrictions below. 1.1 Work Hours. Except as expressly authorized in writing by City, DBE is limited to performing Work on the Project between 7:00 a.m. to 4:00 p.m., Monday through Friday (excluding City observed holidays). Any request for work outside of these hours must be submitted in writing and approved in advance by the City’s Team two working days in advance. Equipment and material may arrive no earlier than 6:00 a.m. to the site. 1.2 Equipment and Material Delivery and Off-Haul Hours. No equipment or material may be delivered or off-hauled except between 6:00 a.m. to 4:00 p.m., Monday through Friday (excluding City observed holidays). No equipment that has a safety back up beeper may be operated before 6:00 a.m. on any day. 1.3 Work Days Only. Work will only be performed on Work Days, as defined in the General Conditions, unless DBE requests otherwise from City in writing at least 2 working days in advance, and City approves the request in its sole discretion. 1.4 Connections to Existing Facilities. Unless otherwise specified or indicated, DBE will make all necessary connections to existing facilities, including structures, drain lines, and utilities such as water, sewer, gas, telephone, and electric. In each case, DBE will receive permission from City or the owning utility prior to undertaking connections and coordinate as needed to accommodate the facilities operations. DBE will protect facilities against deleterious substances and damage. 1.5 Road Shutdown. DBE will execute the Work while roads are in operation except for the periods of permitted shutdown. For shutdown periods, DBE will prepare and submit a detailed plan that includes shutdown schedule, planned sequence of work, milestones and projected times of completions of activities, any anticipated problems, DBE’s supervisory personnel, actions desired of City and staff, and contingency plans. DBE will allow sufficient time for review and re-submittal of the shutdown plan until acceptable to City. DBE will employ sufficient labor, superintendence, and equipment on a 24-hour, 7 days a week basis during shutdown and other operational disruptions to complete Work within the specified periods at no additional cost to the City. Once initiated, Work may proceed on extra shift or around-the-clock basis as necessary. When required to minimize treatment process interruptions while complying with specified sequencing constraints, DBE will provide power, lighting, controls, instrumentation, and safety devices. 1.6 Noise Limitation. No non-construction noise will be allowed, this includes amplified music, radio or other noise not due to construction activities. Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 79 2. Lines and Grades Verification. All Work must be done to the lines, grades, and elevations indicated on the Plans and Specifications, and in accordance with all applicable Laws. DBE is required to verify forms and other work comply with lines, grades and elevations. Prior to pouring or placing any concrete or asphalt, DBE must have a California licensed land surveyor or civil engineer field verify lines, grades and elevations prior to proceeding with the placement of concrete or asphalt. The land surveyor or civil engineer must have at least five years of relevant experience, and must be acceptable to the City. DBE must provide City verification of the licensing and experience for each proposed land surveyor or civil engineer. DBE must provide City with inspection results for form and grade work. DBE must remedy any non-compliant Work at no additional cost to City. 3. Parking Restrictions. DBE and Subcontractors will direct their respective workers to park in the locations identified for DBE parking in the Bridging Documents or other appropriate off-site locations, including public parking facilities or public streets adjacent to or near the Project site, in compliance with applicable parking restrictions and requirements, and without blocking driveways and access. 4. Pre-Construction Conference. City will designate a date and time for a pre-construction conference with DBE following City’s approval of the final Construction Documents. Project administration procedures and coordination between City and DBE will be discussed, and DBE must present City with the following information or documents at the meeting for City’s review and acceptance before the Work commences: 4.1 Name, 24-hour contact information, and qualifications of the proposed on-site superintendent; 4.2 List of all key Project personnel and their complete contact information, including email addresses and telephone numbers during regular hours and after hours; 4.3 Staging plans that identify the sequence of the Work, including any phases and alternative sequences or phases, with the goal of minimizing the impacts on residents, businesses and other operations in the Project vicinity; 4.4 If required, traffic control plans associated with the staging plans that are signed and stamped by a licensed traffic engineer; 4.5 Draft baseline schedule for the Work as required under Section 5.2 of the General Conditions, to be finalized within 10 days after City’s approval of the final Construction Documents; 4.6 Breakdown of lump sum bid items, to be used for determining the value of Work completed for future progress payments to DBE; 4.7 Schedule with list of Project submittals that require City review, and list of the proposed material suppliers; 4.8 Plan for coordination with affected utility owner(s) and compliance with any related permit requirements; 4.9 Videotape and photographs recording the conditions throughout the pre- construction Project site, showing the existing improvements and current condition of the curbs, gutters, sidewalks, signs, landscaping, streetlights, structures near the Project such as building faces, canopies, shades and fences, and any other features within the Project area limits; Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 80 4.10 If requested by City, DBE’s cash flow projections; and 4.11 Any other documents specified in the Special Conditions or Notice of Award. 5. Construction Manager Role and Authority. The Construction Manager will assist City in the management of the construction of the Project. The Construction Manager may perform services in the areas of supervision and coordination of the work of DBE and/or other contractors, scheduling the Work, monitoring the progress of the Work, providing City with evaluations and recommendations concerning the quality of the Work, recommending the approval of progress payments to DBE, or other services for the Project in accordance with the Construction Manager’s contract with City. 5.1 Communications. DBE must submit all notices and communications relating to the Work directly to the Construction Manager in writing. The Construction Management firm is not yet contracted, contact information will be provided upon execution. Copy to the City’s Project Manager: Susan Michael, CIP Manager Public Works SusanM@Cupertino.gov 5.2 On-Site Management and Communication Procedures. The Construction Manager will provide and maintain a management team on the Project site to provide contract administration as an agent of City and will establish and implement coordination and communication procedures among City, the Design Professional, DBE, and others. 5.3 Contract Administration Procedures. The Construction Manager will establish and implement procedures for reviewing and processing requests for clarifications and interpretations of the Contract Documents, Shop Drawings, samples, other submittals, schedule adjustments, Change Order proposals, written proposals for substitutions, payment applications, and maintenance of logs. 5.4 Pre-Construction Conference. DBE will attend the pre-construction conference, during which the Construction Manager will review the Contract administration procedures and Project requirements. 5.5 DBE’s Construction Schedule. The Construction Manager will review DBE’s construction schedules and will verify that each schedule is prepared in accordance with the requirements of the Contract Documents. 6. Notification of Residents, Schools and Businesses. DBE will notify, in writing, residents, businesses and schools within a 300 foot radius of Project limits at a minimum of two times prior to start of construction. The first notice shall be given to all residents, businesses and schools within the Project area five working days prior to any construction operation. The second notice shall be given to residents, businesses and schools two working days prior to any construction operation. Both notices shall be in writing and submitted to the City Engineer for review and approval. Sample notice is below. Notices shall include the Project name, describe the nature and duration of the DBE’s operations, and provide a telephone number at which a DBE representative may be contacted 24 hour per day for problems or emergencies encountered by residents Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 81 and/or businesses. Answering machines and voice mail shall not be permitted. The notice will also contain the City’s Construction Management contact information. A separate notice shall be given at least two working days prior to any anticipated service/utility disruption or temporary closure of access to any driveway. The notice shall indicate the duration of the disruption. DBE shall submit a written request to the City Engineer regarding the temporary closure of access to any driveway. No driveway access shall be closed by the DBE at any time without prior written authorization from the City Engineer. If construction operations are delayed for any reason beyond the duration stipulated in the notices, DBE shall re-issue written notices that explain the delay and provide a revised schedule. All written notices to residents, schools, businesses, agencies, etc. shall be submitted to the City for review and approval. Provide the City with a schedule of the notification deliveries so that the City can confirm that the notification was completed. Payment for compliance with this section shall be deemed included in the various other items of work, and no additional compensation will be allowed therefore. SAMPLE NOTICE: NOTICE TO RESIDENTS / BUSINESS OWNERS Date: [MONTH] [DAY], [YEAR] Subject: [NAME OF PROJECT] – [One Week OR Two Day] Notice This notice is to inform you that the City of Cupertino, Department of Public Works, has contracted with [DBE NAME] to [SCOPE OF WORK] along [STREET NAME] from [ADJACENT CROSS STREET] to [ADJACENT CROSS STREET]. This [SCOPE OF WORK] will mainly occur on [WEEKDAYS, SEE “SCHEDULE OFWORKING DAYS/HOURS”] from [START TIME] to [END TIME] and is scheduled to start in your area APPROXIMATELY seven days from the date of this notice and will continue from [START DATE] until [END DATE]. Please be aware that there may be construction activities that cause traffic delays. [DBE NAME] will make every effort to maintain normal traffic access and minimize disruption in your neighborhood. No Parking / Tow-Away signs will be posted in affected areas two working days in advance of enforcement. Access to driveways will be maintained at ALL times during the construction. Prior to activities in your immediate area, you will be sent a notification TWO WORKING DAYS before work begins. [DBE NAME] and the City of Cupertino, Department of Public Works, apologize for any inconvenience due to these activities. If you have any questions or need assistance as these activities progress, please call the number(s) listed below: [DBE NAME] [NAME OF PROJECT MANAGER, DBE) Project Manager (XXX) XXX‐XXXX (24-hour number) Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 82 City of Cupertino (NAME OF CONSTRUCTION MANAGEMENT FIRM IF ONE) (PERSON’S NAME FROM CONSTRUCTION MANAGEMENT FIRM) (XXX) XXX‐XXXX (24-hour number) City Office: (408)777-3354 Department of Public Works Thank you for your patience and cooperation, [NAME OF PROJECT MANAGER, DBE], Project Manager [NAME OF CONSTRUCTION FIRM] 7. Pandemic Health Laws. DBE’s duty to comply with Laws includes compliance by the DBE team, including all Subconsultants and Subcontractors, with all local, state, or federal Laws that have been or may be enacted in response to the Covid-19 pandemic (collectively, “Health Laws”) or similar, which include the County of Santa Clara Health Orders for Construction activities, including any subsequent amendments thereto. Failure to fully comply with the Health Laws constitutes a material default, subject to all available remedies including suspension or termination. 8. Construction and Demolition Debris Management Plan A completed construction and demolition (C&D) Debris Management Plan must be submitted using the City’s Green Halo on-line application. All debris disposal and recycling from the construction project must be tracked throughout the duration of the project. The DBE must use Green Halo Cupertino.wastetracking.com to create their Plan and to submit all construction waste generation tonnage information. No additional compensation will be paid for implementation of the Debris Management Plan and failure to meet all plan requirements may result in work stoppage, fines, and/or back-charges. For additional information, visit www.cupertino.org/greendev 9. Federally Funded Projects. This Project is funded in whole or in part by federal funds and subject to the following federal requirements under the terms of the funding agreement(s) between City and the federal agency or agencies providing federal funds, which are fully incorporated by this reference and made part of the Contract Documents. Copies of any funding agreement between City and a funding agency will be made available upon request. 9.A. Equal Opportunity. During the performance of this Contract, the DBE agrees as follows: 9.A.1. The DBE will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The DBE will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action will include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The DBE agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 83 9.A.2. The DBE will, in all solicitations or advertisements for employees placed by or on behalf of the DBE, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 9.A.3. The DBE will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision will not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the DBE’s legal duty to furnish information. 9.A.4. The DBE will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers’ representatives of the DBE’s commitments under this section, and will post copies of the notice in conspicuous places available to employees and applicants for employment. 9.A.5. The DBE will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the United States Secretary of Labor. 9.A.6. The DBE will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the United States Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the United States Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 9.A.7. In the event of the DBE noncompliance with the nondiscrimination clauses of this contract or with any of the rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the DBE may be declared ineligible for further federal government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the United States Secretary of Labor, or as otherwise provided by law. 9.A.8. The DBE will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (H) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the United States Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or vendor. The DBE will take such action with respect to any subcontract or purchase order as the City or funding agency may direct as a means of enforcing such provisions, including sanctions for Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 84 noncompliance: Provided, however, that in the event a DBE becomes involved in, or is threatened with, litigation with a Subcontractor or vendor as a result of such direction by the City or funding agency, the DBE may request the United States to enter into such litigation to protect the interests of the United States. 9.B. Davis-Bacon Act. DBE will pay wages to laborers and mechanics, not less than once a week, and at a rate not less than the current federal prevailing wages specified in the Davis-Bacon Act Wage Determination attached hereto and incorporated herein. By entering into this Contract, DBE accepts the attached Wage Determination. The current Davis-Bacon Act Wage Determination, which may be accessed at https://sam.gov/wage-determination/CA20250018/1, is attached to this document as Appendix 1. 9.C. Copeland “Anti-Kickback” Act. DBE will comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 CFR Part 3 as may be applicable, which are incorporated by reference into this Contract. DBE and Subcontractors must insert this requirement into subcontracts of any tier. DBE is responsible for compliance with these requirements by each Subcontractor of any tier. 9.D. Contract Work Hours and Safety Standards Act. In addition to the California state law requirements in Article 9 of the General Conditions, DBE and each Subcontractor must comply with the requirements of the federal Contract Work Hours and Safety Standards Act, as set forth in 40 U.S.C. 3701-3708, as supplemented by the regulations set forth in 29 CFR Part 5, as may be amended from time to time, which are fully incorporated herein, including: 9.D.1. DBE or Subcontractor will not require or permit any laborer or mechanic performing Work for the Project to work in excess of 40 hours in a work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours during that work week. 9.D.2. If DBE or a Subcontractor violates this requirement, the DBE and any responsible Subcontractor will be liable for the unpaid wages. In addition, the DBE and Subcontractor will be liable to the United States for liquidated damages. The liquidated damages will be computed with respect to each individual worker as specified under federal law. 9.D.3. DBE and Subcontractors must insert this requirement into subcontracts of any tier. DBE is responsible for compliance with these requirements by each Subcontractor of any tier. 9.E. Rights to Inventions. If the federal funding for this Contract meets the definition of “funding agreement” under 37 CFR § 401.2(a) and constitutes an agreement between the City and a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency, will apply to this Contract and are fully incorporated into the Contract Documents by this reference. 9.F. Clean Air Act. If the Contract is for an amount in excess of $150,000, DBE and each Subcontractor must comply with the requirements of the Clean Air Act, as Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 85 amended, (42 U.S.C. §§ 7401-7671q), which are fully incorporated into the Contract Documents by this reference, including requirements for reporting violations to the awarding agency and the applicable Regional Office for the Environmental Protection Agency. DBE and Subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000. 9.G. Federal Water Pollution Control Act. If the Contract is for an amount in excess of $150,000, the requirements of the Federal Water Pollution Control Act (33 U.S.C. §§ 1251-1387) apply to this Contract and are fully incorporated into the Contract Documents by this reference, including requirements for reporting violations to the awarding agency and the applicable Regional Office for the Environmental Protection Agency. DBE and Subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000. 9.H. Suspension and Debarment. DBE is required to verify that neither it, nor its principals, as defined at 2 CFR § 180.995, or its affiliates, as defined at 2 CFR § 180.905, are excluded or disqualified, as defined at 2 CFR §§ 180.935 and 180.940. DBE must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, and must include a provision requiring compliance with these regulations in any subcontract of any tier. If it is later determined that the DBE did not comply with the applicable subparts, the Federal Government may pursue available remedies, including, but not limited to, suspension and/or debarment. By submitting a bid and entering into this Contract, DBE agrees to comply with these requirements. 9.I. Byrd Anti-Lobbying Amendment. If the Contract is for an amount in excess of $100,000, DBE must comply with the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and file the certification provided at 44 CFR Part 18, Appendix A, and any disclosures, with the applicable federal agency. Each tier certifies to the tier above that it will not and has not used federal-appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier will also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures will be forwarded from tier to tier up to the recipient. 9.J. Procurement of Recovered Materials. The requirements of § 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962, apply to this Contract and are fully incorporated into the Contract Documents by this reference. For individual purchases of $10,000 or more, DBE will make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired (A) competitively within the Contract schedule, (B) in conformance with Contract performance requirements, or (C) at a reasonable price. Information on this requirement, including a list of EPA- designated items, is available at the EPA’s Comprehensive Procurement Guidelines website: https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. 9.K. Prohibition on Covered Telecommunications. Federal loan or grant funds must not be obligated or expended to procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, as further specified in 2 CFR § 200.216, which is fully incorporated into the Contract Documents by this Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 86 reference. Covered telecommunications equipment or services includes equipment produced by, services provided by, or services using equipment produced by: Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); or an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 9.L. Domestic Preferences for Procurements. As appropriate, practicable, and to the extent consistent with Laws, the DBE shall procure, purchase, acquire, and/or use goods, products, or materials produced in the United States, as further specified in 2 CFR § 200.322, which is fully incorporated into the Contract Documents by this reference, including, but not limited to, iron, aluminum, steel, cement, and other manufactured products used in construction, as specified therein. The requirements of 2 CFR § 200.322 must be included in all subcontracts and purchase orders for work or products under the federal award. Furthermore, it is the stated goal of the project to have the project qualify for the “Build America, Buy America Act,” which establishes a domestic content procurement preference for all Federal financial assistance obligated for infrastructure projects. 10. Close Out Requirements. DBE’s close-out requirements include the following, if applicable: 10.A. DBE must replace, with thermoplastic, any existing striping within and adjacent to the Project site that is damaged during the Work. Partially damaged striping must be replaced in its entirety. 10.B. DBE must replace any survey monuments that are damaged or removed during the Work, with a Record of Survey filed by a licensed land surveyor as required by California law. 10.C. Before removing any traffic control or street signs on the Project site, DBE must take photographs showing their original locations. Upon completion of each phase of construction, DBE must temporarily reset the signs at those locations. DBE must then replace the signs permanently upon completion of the Work and the cost of their removal and replacement must be included in the Bid Proposal. 10.D. DBE must maintain any rural mailboxes on the Project site and relocate them to their permanent locations as soon as possible in the course of the Work, to the satisfaction of the affected property owners and the postal service END OF SPECIAL CONDITIONS Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 78 Special Conditions 1. Work Days and Hours. Work hours and noise pose a special concern for projects in residential neighborhoods. The City is very concerned for its residents and will diligently enforce the restrictions below. 1.1 Work Hours. Except as expressly authorized in writing by City, DBE is limited to performing Work on the Project between 7:00 a.m. to 4:00 p.m., Monday through Friday (excluding City observed holidays). Any request for work outside of these hours must be submitted in writing and approved in advance by the City’s Team two working days in advance. Equipment and material may arrive no earlier than 6:00 a.m. to the site. 1.2 Equipment and Material Delivery and Off-Haul Hours. No equipment or material may be delivered or off-hauled except between 6:00 a.m. to 4:00 p.m., Monday through Friday (excluding City observed holidays). No equipment that has a safety back up beeper may be operated before 6:00 a.m. on any day. 1.3 Work Days Only. Work will only be performed on Work Days, as defined in the General Conditions, unless DBE requests otherwise from City in writing at least 2 working days in advance, and City approves the request in its sole discretion. 1.4 Connections to Existing Facilities. Unless otherwise specified or indicated, DBE will make all necessary connections to existing facilities, including structures, drain lines, and utilities such as water, sewer, gas, telephone, and electric. In each case, DBE will receive permission from City or the owning utility prior to undertaking connections and coordinate as needed to accommodate the facilities operations. DBE will protect facilities against deleterious substances and damage. 1.5 Road Shutdown. DBE will execute the Work while roads are in operation except for the periods of permitted shutdown. For shutdown periods, DBE will prepare and submit a detailed plan that includes shutdown schedule, planned sequence of work, milestones and projected times of completions of activities, any anticipated problems, DBE’s supervisory personnel, actions desired of City and staff, and contingency plans. DBE will allow sufficient time for review and re-submittal of the shutdown plan until acceptable to City. DBE will employ sufficient labor, superintendence, and equipment on a 24-hour, 7 days a week basis during shutdown and other operational disruptions to complete Work within the specified periods at no additional cost to the City. Once initiated, Work may proceed on extra shift or around-the-clock basis as necessary. When required to minimize treatment process interruptions while complying with specified sequencing constraints, DBE will provide power, lighting, controls, instrumentation, and safety devices. 1.6 Noise Limitation. No non-construction noise will be allowed, this includes amplified music, radio or other noise not due to construction activities. DOCUMENT 1.9 - SPECIAL CONDITIONS Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 79 2. Lines and Grades Verification. All Work must be done to the lines, grades, and elevations indicated on the Plans and Specifications, and in accordance with all applicable Laws. DBE is required to verify forms and other work comply with lines, grades and elevations. Prior to pouring or placing any concrete or asphalt, DBE must have a California licensed land surveyor or civil engineer field verify lines, grades and elevations prior to proceeding with the placement of concrete or asphalt. The land surveyor or civil engineer must have at least five years of relevant experience, and must be acceptable to the City. DBE must provide City verification of the licensing and experience for each proposed land surveyor or civil engineer. DBE must provide City with inspection results for form and grade work. DBE must remedy any non-compliant Work at no additional cost to City. 3. Parking Restrictions. DBE and Subcontractors will direct their respective workers to park in the locations identified for DBE parking in the Bridging Documents or other appropriate off-site locations, including public parking facilities or public streets adjacent to or near the Project site, in compliance with applicable parking restrictions and requirements, and without blocking driveways and access. 4. Pre-Construction Conference. City will designate a date and time for a pre-construction conference with DBE following City’s approval of the final Construction Documents. Project administration procedures and coordination between City and DBE will be discussed, and DBE must present City with the following information or documents at the meeting for City’s review and acceptance before the Work commences: 4.1 Name, 24-hour contact information, and qualifications of the proposed on-site superintendent; 4.2 List of all key Project personnel and their complete contact information, including email addresses and telephone numbers during regular hours and after hours; 4.3 Staging plans that identify the sequence of the Work, including any phases and alternative sequences or phases, with the goal of minimizing the impacts on residents, businesses and other operations in the Project vicinity; 4.4 If required, traffic control plans associated with the staging plans that are signed and stamped by a licensed traffic engineer; 4.5 Draft baseline schedule for the Work as required under Section 5.2 of the General Conditions, to be finalized within 10 days after City’s approval of the final Construction Documents; 4.6 Breakdown of lump sum bid items, to be used for determining the value of Work completed for future progress payments to DBE; 4.7 Schedule with list of Project submittals that require City review, and list of the proposed material suppliers; 4.8 Plan for coordination with affected utility owner(s) and compliance with any related permit requirements; 4.9 Videotape and photographs recording the conditions throughout the pre- construction Project site, showing the existing improvements and current condition of the curbs, gutters, sidewalks, signs, landscaping, streetlights, structures near the Project such as building faces, canopies, shades and fences, and any other features within the Project area limits; Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 80 4.10 If requested by City, DBE’s cash flow projections; and 4.11 Any other documents specified in the Special Conditions or Notice of Award. 5. Construction Manager Role and Authority. The Construction Manager will assist City in the management of the construction of the Project. The Construction Manager may perform services in the areas of supervision and coordination of the work of DBE and/or other contractors, scheduling the Work, monitoring the progress of the Work, providing City with evaluations and recommendations concerning the quality of the Work, recommending the approval of progress payments to DBE, or other services for the Project in accordance with the Construction Manager’s contract with City. 5.1 Communications. DBE must submit all notices and communications relating to the Work directly to the Construction Manager in writing. The Construction Management firm is not yet contracted, contact information will be provided upon execution. Copy to the City’s Project Manager: Susan Michael, CIP Manager Public Works SusanM@Cupertino.gov 5.2 On-Site Management and Communication Procedures. The Construction Manager will provide and maintain a management team on the Project site to provide contract administration as an agent of City and will establish and implement coordination and communication procedures among City, the Design Professional, DBE, and others. 5.3 Contract Administration Procedures. The Construction Manager will establish and implement procedures for reviewing and processing requests for clarifications and interpretations of the Contract Documents, Shop Drawings, samples, other submittals, schedule adjustments, Change Order proposals, written proposals for substitutions, payment applications, and maintenance of logs. 5.4 Pre-Construction Conference. DBE will attend the pre-construction conference, during which the Construction Manager will review the Contract administration procedures and Project requirements. 5.5 DBE’s Construction Schedule. The Construction Manager will review DBE’s construction schedules and will verify that each schedule is prepared in accordance with the requirements of the Contract Documents. 6. Notification of Residents, Schools and Businesses. DBE will notify, in writing, residents, businesses and schools within a 300 foot radius of Project limits at a minimum of two times prior to start of construction. The first notice shall be given to all residents, businesses and schools within the Project area five working days prior to any construction operation. The second notice shall be given to residents, businesses and schools two working days prior to any construction operation. Both notices shall be in writing and submitted to the City Engineer for review and approval. Sample notice is below. Notices shall include the Project name, describe the nature and duration of the DBE’s operations, and provide a telephone number at which a DBE representative may be contacted 24 hour per day for problems or emergencies encountered by residents Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 81 and/or businesses. Answering machines and voice mail shall not be permitted. The notice will also contain the City’s Construction Management contact information. A separate notice shall be given at least two working days prior to any anticipated service/utility disruption or temporary closure of access to any driveway. The notice shall indicate the duration of the disruption. DBE shall submit a written request to the City Engineer regarding the temporary closure of access to any driveway. No driveway access shall be closed by the DBE at any time without prior written authorization from the City Engineer. If construction operations are delayed for any reason beyond the duration stipulated in the notices, DBE shall re-issue written notices that explain the delay and provide a revised schedule. All written notices to residents, schools, businesses, agencies, etc. shall be submitted to the City for review and approval. Provide the City with a schedule of the notification deliveries so that the City can confirm that the notification was completed. Payment for compliance with this section shall be deemed included in the various other items of work, and no additional compensation will be allowed therefore. SAMPLE NOTICE: NOTICE TO RESIDENTS / BUSINESS OWNERS Date: [MONTH] [DAY], [YEAR] Subject: [NAME OF PROJECT] – [One Week OR Two Day] Notice This notice is to inform you that the City of Cupertino, Department of Public Works, has contracted with [DBE NAME] to [SCOPE OF WORK] along [STREET NAME] from [ADJACENT CROSS STREET] to [ADJACENT CROSS STREET]. This [SCOPE OF WORK] will mainly occur on [WEEKDAYS, SEE “SCHEDULE OFWORKING DAYS/HOURS”] from [START TIME] to [END TIME] and is scheduled to start in your area APPROXIMATELY seven days from the date of this notice and will continue from [START DATE] until [END DATE]. Please be aware that there may be construction activities that cause traffic delays. [DBE NAME] will make every effort to maintain normal traffic access and minimize disruption in your neighborhood. No Parking / Tow-Away signs will be posted in affected areas two working days in advance of enforcement. Access to driveways will be maintained at ALL times during the construction. Prior to activities in your immediate area, you will be sent a notification TWO WORKING DAYS before work begins. [DBE NAME] and the City of Cupertino, Department of Public Works, apologize for any inconvenience due to these activities. If you have any questions or need assistance as these activities progress, please call the number(s) listed below: [DBE NAME] [NAME OF PROJECT MANAGER, DBE) Project Manager (XXX) XXX‐XXXX (24-hour number) Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 82 City of Cupertino (NAME OF CONSTRUCTION MANAGEMENT FIRM IF ONE) (PERSON’S NAME FROM CONSTRUCTION MANAGEMENT FIRM) (XXX) XXX‐XXXX (24-hour number) City Office: (408)777-3354 Department of Public Works Thank you for your patience and cooperation, [NAME OF PROJECT MANAGER, DBE], Project Manager [NAME OF CONSTRUCTION FIRM] 7. Pandemic Health Laws. DBE’s duty to comply with Laws includes compliance by the DBE team, including all Subconsultants and Subcontractors, with all local, state, or federal Laws that have been or may be enacted in response to the Covid-19 pandemic (collectively, “Health Laws”) or similar, which include the County of Santa Clara Health Orders for Construction activities, including any subsequent amendments thereto. Failure to fully comply with the Health Laws constitutes a material default, subject to all available remedies including suspension or termination. 8. Construction and Demolition Debris Management Plan A completed construction and demolition (C&D) Debris Management Plan must be submitted using the City’s Green Halo on-line application. All debris disposal and recycling from the construction project must be tracked throughout the duration of the project. The DBE must use Green Halo Cupertino.wastetracking.com to create their Plan and to submit all construction waste generation tonnage information. No additional compensation will be paid for implementation of the Debris Management Plan and failure to meet all plan requirements may result in work stoppage, fines, and/or back-charges. For additional information, visit www.cupertino.org/greendev 9. Federally Funded Projects. This Project is funded in whole or in part by federal funds and subject to the following federal requirements under the terms of the funding agreement(s) between City and the federal agency or agencies providing federal funds, which are fully incorporated by this reference and made part of the Contract Documents. Copies of any funding agreement between City and a funding agency will be made available upon request. 9.A. Equal Opportunity. During the performance of this Contract, the DBE agrees as follows: 9.A.1. The DBE will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The DBE will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action will include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The DBE agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 83 9.A.2. The DBE will, in all solicitations or advertisements for employees placed by or on behalf of the DBE, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 9.A.3. The DBE will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision will not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the DBE’s legal duty to furnish information. 9.A.4. The DBE will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers’ representatives of the DBE’s commitments under this section, and will post copies of the notice in conspicuous places available to employees and applicants for employment. 9.A.5. The DBE will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the United States Secretary of Labor. 9.A.6. The DBE will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the United States Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the United States Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 9.A.7. In the event of the DBE noncompliance with the nondiscrimination clauses of this contract or with any of the rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the DBE may be declared ineligible for further federal government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the United States Secretary of Labor, or as otherwise provided by law. 9.A.8. The DBE will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (H) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the United States Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or vendor. The DBE will take such action with respect to any subcontract or purchase order as the City or funding agency may direct as a means of enforcing such provisions, including sanctions for Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 84 noncompliance: Provided, however, that in the event a DBE becomes involved in, or is threatened with, litigation with a Subcontractor or vendor as a result of such direction by the City or funding agency, the DBE may request the United States to enter into such litigation to protect the interests of the United States. 9.B. Davis-Bacon Act. DBE will pay wages to laborers and mechanics, not less than once a week, and at a rate not less than the current federal prevailing wages specified in the Davis-Bacon Act Wage Determination attached hereto and incorporated herein. By entering into this Contract, DBE accepts the attached Wage Determination. The current Davis-Bacon Act Wage Determination, which may be accessed at https://sam.gov/wage-determination/CA20250018/1, is attached to this document as Appendix 1. 9.C. Copeland “Anti-Kickback” Act. DBE will comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 CFR Part 3 as may be applicable, which are incorporated by reference into this Contract. DBE and Subcontractors must insert this requirement into subcontracts of any tier. DBE is responsible for compliance with these requirements by each Subcontractor of any tier. 9.D. Contract Work Hours and Safety Standards Act. In addition to the California state law requirements in Article 9 of the General Conditions, DBE and each Subcontractor must comply with the requirements of the federal Contract Work Hours and Safety Standards Act, as set forth in 40 U.S.C. 3701-3708, as supplemented by the regulations set forth in 29 CFR Part 5, as may be amended from time to time, which are fully incorporated herein, including: 9.D.1. DBE or Subcontractor will not require or permit any laborer or mechanic performing Work for the Project to work in excess of 40 hours in a work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours during that work week. 9.D.2. If DBE or a Subcontractor violates this requirement, the DBE and any responsible Subcontractor will be liable for the unpaid wages. In addition, the DBE and Subcontractor will be liable to the United States for liquidated damages. The liquidated damages will be computed with respect to each individual worker as specified under federal law. 9.D.3. DBE and Subcontractors must insert this requirement into subcontracts of any tier. DBE is responsible for compliance with these requirements by each Subcontractor of any tier. 9.E. Rights to Inventions. If the federal funding for this Contract meets the definition of “funding agreement” under 37 CFR § 401.2(a) and constitutes an agreement between the City and a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency, will apply to this Contract and are fully incorporated into the Contract Documents by this reference. 9.F. Clean Air Act. If the Contract is for an amount in excess of $150,000, DBE and each Subcontractor must comply with the requirements of the Clean Air Act, as Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 85 amended, (42 U.S.C. §§ 7401-7671q), which are fully incorporated into the Contract Documents by this reference, including requirements for reporting violations to the awarding agency and the applicable Regional Office for the Environmental Protection Agency. DBE and Subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000. 9.G. Federal Water Pollution Control Act. If the Contract is for an amount in excess of $150,000, the requirements of the Federal Water Pollution Control Act (33 U.S.C. §§ 1251-1387) apply to this Contract and are fully incorporated into the Contract Documents by this reference, including requirements for reporting violations to the awarding agency and the applicable Regional Office for the Environmental Protection Agency. DBE and Subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000. 9.H. Suspension and Debarment. DBE is required to verify that neither it, nor its principals, as defined at 2 CFR § 180.995, or its affiliates, as defined at 2 CFR § 180.905, are excluded or disqualified, as defined at 2 CFR §§ 180.935 and 180.940. DBE must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, and must include a provision requiring compliance with these regulations in any subcontract of any tier. If it is later determined that the DBE did not comply with the applicable subparts, the Federal Government may pursue available remedies, including, but not limited to, suspension and/or debarment. By submitting a bid and entering into this Contract, DBE agrees to comply with these requirements. 9.I. Byrd Anti-Lobbying Amendment. If the Contract is for an amount in excess of $100,000, DBE must comply with the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and file the certification provided at 44 CFR Part 18, Appendix A, and any disclosures, with the applicable federal agency. Each tier certifies to the tier above that it will not and has not used federal-appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier will also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures will be forwarded from tier to tier up to the recipient. 9.J. Procurement of Recovered Materials. The requirements of § 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962, apply to this Contract and are fully incorporated into the Contract Documents by this reference. For individual purchases of $10,000 or more, DBE will make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired (A) competitively within the Contract schedule, (B) in conformance with Contract performance requirements, or (C) at a reasonable price. Information on this requirement, including a list of EPA- designated items, is available at the EPA’s Comprehensive Procurement Guidelines website: https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. 9.K. Prohibition on Covered Telecommunications. Federal loan or grant funds must not be obligated or expended to procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, as further specified in 2 CFR § 200.216, which is fully incorporated into the Contract Documents by this Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS Project 2025-02 Page 86 reference. Covered telecommunications equipment or services includes equipment produced by, services provided by, or services using equipment produced by: Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); or an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 9.L. Domestic Preferences for Procurements. As appropriate, practicable, and to the extent consistent with Laws, the DBE shall procure, purchase, acquire, and/or use goods, products, or materials produced in the United States, as further specified in 2 CFR § 200.322, which is fully incorporated into the Contract Documents by this reference, including, but not limited to, iron, aluminum, steel, cement, and other manufactured products used in construction, as specified therein. The requirements of 2 CFR § 200.322 must be included in all subcontracts and purchase orders for work or products under the federal award. Furthermore, it is the stated goal of the project to have the project qualify for the “Build America, Buy America Act,” which establishes a domestic content procurement preference for all Federal financial assistance obligated for infrastructure projects. 10. Close Out Requirements. DBE’s close-out requirements include the following, if applicable: 10.A. DBE must replace, with thermoplastic, any existing striping within and adjacent to the Project site that is damaged during the Work. Partially damaged striping must be replaced in its entirety. 10.B. DBE must replace any survey monuments that are damaged or removed during the Work, with a Record of Survey filed by a licensed land surveyor as required by California law. 10.C. Before removing any traffic control or street signs on the Project site, DBE must take photographs showing their original locations. Upon completion of each phase of construction, DBE must temporarily reset the signs at those locations. DBE must then replace the signs permanently upon completion of the Work and the cost of their removal and replacement must be included in the Bid Proposal. 10.D. DBE must maintain any rural mailboxes on the Project site and relocate them to their permanent locations as soon as possible in the course of the Work, to the satisfaction of the affected property owners and the postal service END OF SPECIAL CONDITIONS Project Info CUSTOMER AND FACILITY INFO Project Number 000125653244 Program Complex Self Generation Sub Program Expanded NEM and Larger Paired Storage Expanded NEM Expanded NEM Aggregation Service Type New Generating Facility (Existing Electric Service) Is this application for new construction?No Electric Service Agreement Number 0116367840 Electric Badge Meter Number 1009512069 PG&E Project Name Quinlan and Senior Center NEMA Facility Info Company Account Holder Name CITY OF CUPERTINO First Name Last Name Company Name CITY OF CUPERTINO Legal Status State of Incorporation Facility Address 10185 N STELLING RD Zip 95014 City CUPERTINO State CA Phone 4087773362 Extn Email AndreD@cupertino.org Confirm Email AndreD@cupertino.org ADDITIONAL FACILITY INFO Residential Generator Account No Disaster Impacted No Study Process Fast Track Max three-phase fault 1675 Short Circuit Interruption Rating 65000 Account Considerations An interconnection under Community Choice Aggregation Service (CCA) Contact Info CUSTOMER CONTACT Customer Contact Facility Street Address Customer First Name Andre Customer Last Name Duurvoort Customer Company Name CITY OF CUPERTINO Title Sustainability Manager Customer Mailing Address 10185 N STELLING RD Cupertino Quinlan Community Center_Application Summary - 2024-08-27T160743.091 DOCUMENT 1.11 - NEM2 APPLICATIONS FOR THREE SITES Customer Mailing Address Zip Code 95014 Customer Mailing Address City CUPERTINO Customer Mailing Address State CA Customer Phone Number 4087773362 Customer Phone Extension Customer E-mail AndreD@cupertino.org Legal Status CONTRACTOR Self Installed?No CSLB Number Contractor First Name Taylor Contractor Last Name Bohlen Contractor Company Syserco Energy Solutions, Inc Contractor Address 215 Fourier Ave, Suite 140 Zip 94539 Contractor City FREMONT Contractor State CA Contractor Phone Number 5108711313 Contractor Phone Ext Contractor Email t.bohlen@syserco-es.com AUTHORIZED CONTACT Authorized Contact the Contractor Authorized Contact First Name Taylor Authorized Contact Last Name Bohlen Authorized Contact Company Syserco Energy Solutions, Inc Authorized Contact Address 215 Fourier Ave, Suite 140 Authorized Contact Zip 94539 Authorized Contact City FREMONT Authorized Contact State CA Authorized Contact Phone 5108711313 Authorized Contact Phone Extn Authorized Contact Email t.bohlen@syserco-es.com Authorized Contact Confirm Email t.bohlen@syserco-es.com Equipment EQUIPMENT DETAILS Program Expanded NEM Tech Type Solar PV Generator Type Inverter-External Fuel Type Solar Will this Generator be used as a Backup?No Please Select an Anti-Island Detection Method Group 1 : Frequency Shift with continuous positive frequency feedback Do you plan to limit export?No Not Listed No Manufacturer Chint Power Systems America Model CPS SCA50KTL-DO/US-480 [480V] [SI1-SB] Quantity 5 Nameplate Rating (kW)50.000 Nameplate Rating (kVA)50.0 Nameplate Capacity (kW)250.0 Effective Rating (kVA)246.250000 Effective Rating (kW)246.250000 Inverter Efficiency 0.985 Output Voltage Rating 480.0 Phase Three Phase Power Factor 1.00 Power Factor Adjustment Max 0.8 Power Factor Adjustment Min 0.8 Short Circuit Contribution exceeds 1.2 per unit No Total Gen (kW)250.0 Tech Type Solar PV Generator Type PV Panels Fuel Type Solar Not Listed No Manufacturer Trina Solar Model TSM-575NEG19RC.20 Quantity 516 Inverter Efficiency 0.985 PTC Rating (kW-DC)0.5397 Nameplate Rating (kW)0.5316045 Nameplate Capacity (kW)274.307922 CEC AC Rating 274.307922 Total Gen (kW)278.4852 Program Expanded NEM Tech Type Solar PV Generator Type Inverter-External Fuel Type Solar Will this Generator be used as a Backup?No Please Select an Anti-Island Detection Method Group 1 : Frequency Shift with continuous positive frequency feedback Do you plan to limit export?No Not Listed No Manufacturer Chint Power Systems America Model CPS SCA25KTL-DO-R/US-480 [480V] [SI1-SB] Quantity 1 Nameplate Rating (kW)25.000 Nameplate Rating (kVA)25.0 Nameplate Capacity (kW)25.0 Effective Rating (kVA)24.500000 Effective Rating (kW)24.500000 Inverter Efficiency 0.98 Output Voltage Rating 480.0 Phase Three Phase Power Factor 1.00 Power Factor Adjustment Max 0.8 Power Factor Adjustment Min 0.8 Short Circuit Contribution exceeds 1.2 per unit No Total Gen (kW)25.0 Tech Type Solar PV Generator Type PV Panels Fuel Type Solar Not Listed No Manufacturer Trina Solar Model TSM-575NEG19RC.20 Quantity 48 Inverter Efficiency 0.98 PTC Rating (kW-DC)0.5397 Nameplate Rating (kW)0.528906 Nameplate Capacity (kW)25.387488 CEC AC Rating 25.387488 Total Gen (kW)25.9056 Project Total Export (kW)275 GENERATING FACILITY NP (kVA)75 Short Circuit Interrupting Rating 65000 VARIANCE Interconnection Main Breaker PG&E Side (Line Side Tap Will Be Installed) Not Listed No Manufacturer Cutler-Hammer Model DH366NRK Quantity 1 Rating (Amps)600 AC Disconnect within 10 ft of the main service panel Yes Does this project meet the Distribution Interconnect Handbook (DIH) and Greenbook Requirements? Yes WARRANTY Equipment Warranty Verification A warranty of at least 10 years has been provided on all equipment and on its installation. ICA Capacity Values Generation Hosting Capacity (OP Flex)10 Generic PV Hosting Capacity (OP Flex)10 Generation Hosting Capacity (SG)800 Generic PV Hosting Capacity (SG)1030 ICA Protection Value 210 Customer Sector SOLAR STATISTICS DATA Solar Customer Sector Other Government Solar PV Mounting Method Ground Solar PV Tracking Type Fixed Solar PV Tracking Fixed Tilt 7 Solar PV Tracking Fixed Azimuth 180 Solar PMRS Yes Solar PMRS Data Receiving Customer Solar System Owner PGE Customer Owned Solar System Cost 1600000 Solar PACE Financed No Payment Method Paid by Cash CA Rebate Program No California Solar Initiative Rebate No CSI Eligible No Electric Vehicles No FACILITY NAMEPLATE Facility Nameplate (kW)275 Aggregation Program Account Type Generator Account Parcel Number 32654041 Account Type Existing Program Account Number 0116367840 Program Meter Number 1009512069 Program Address 10185 N STELLING RD Program Zip Code 95014 Program City CUPERTINO Program State CA NEMA Electric Account Number 0116367009 NEMA Electric Rate Schedule B10S NEMA Generator Account Annual kWh 374332.52 Planning Increase in Annual Usage?No Program Account Type Load Account Parcel Number 32629006 Account Type Existing Program Account Number 0113736756 Program Meter Number 1009514262 Program Address 21251 STEVENS CREEK BLVD Program Zip Code 95014 Program City CUPERTINO Program State CA NEMA Electric Account Number 0116367009 NEMA Electric Rate Schedule B10S NEMA Generator Account Annual kWh 141694.5 Planning Increase in Annual Usage?No NEMA Total Annual kWh 516027.02 Total Of Planned Increase In Annual Usage (kWh)0 Total Expected Annual Usage (kWh)516027.02 NEMA Estimated Annual Solar kWh 449543.115 CUSTOMER NAME VARIATIONS Variations on Customer Name Cupertino City Of Documents Manufacturer's Documentation for Anti-islanding Method 2023-03-14 15:51:36 Building Permit Number Assessor Parcel Number Building Permit Date Applied Building Permit Final Sign off Date Single-Line Drawing 2023-03-27 16:37:41 Site Plans and Diagrams 2023-03-14 15:51:37 AC Disconnect Variance Requested Yes Variance Photos 2023-03-14 15:51:37 NEM Aggregation Spreadsheet 2023-03-14 15:51:37 Parcel Map Documentation 2023-03-14 15:51:38 Additional Technical Documentation 2023-03-14 15:51:38 Review and Submit APPLICATION REVIEW Payment Amount Paid 145 Payment Date 2023-03-27 Payment Type CreditCard Paypal Reference rk1x0x2k Payment Order ID 5644347_20230327164405 Project Info CUSTOMER AND FACILITY INFO Project Number 000125648034 Program Complex Self Generation Sub Program Expanded NEM and Larger Paired Storage Expanded NEM Expanded NEM Service Type New Generating Facility (Existing Electric Service) Is this application for new construction?No Electric Service Agreement Number 0116971849 Electric Badge Meter Number 1010260937 PG&E Project Name Sports Center Facility Info Company Account Holder Name CITY OF CUPERTINO First Name Last Name Company Name CITY OF CUPERTINO Legal Status State of Incorporation Facility Address 21111 STEVENS CREEK BLVD Zip 95014 City CUPERTINO State CA Phone 4087773362 Extn Email AndreD@cupertino.org Confirm Email AndreD@cupertino.org ADDITIONAL FACILITY INFO Disaster Impacted No Study Process Fast Track Max three-phase fault 1250 Short Circuit Interruption Rating 30000 Account Considerations An interconnection under Community Choice Aggregation Service (CCA) Contact Info CUSTOMER CONTACT Customer Contact Facility Street Address Customer First Name Andre Customer Last Name Duurvoort Customer Company Name CITY OF CUPERTINO Title Sustainability Manager Customer Mailing Address 21111 STEVENS CREEK BLVD Customer Mailing Address Zip Code 95014 Cupertino Sports Center_Application Summary - 2024-08-27T160746.968 Customer Mailing Address City CUPERTINO Customer Mailing Address State CA Customer Phone Number 4087773362 Customer Phone Extension Customer E-mail AndreD@cupertino.org Legal Status CONTRACTOR Self Installed?No CSLB Number Contractor First Name Taylor Contractor Last Name Bohlen Contractor Company Syserco Energy Solutions, Inc Contractor Address 215 Fourier Ave, Suite 140 Zip 94539 Contractor City FREMONT Contractor State CA Contractor Phone Number 5108711313 Contractor Phone Ext Contractor Email t.bohlen@syserco-es.com AUTHORIZED CONTACT Authorized Contact the Contractor Authorized Contact First Name Taylor Authorized Contact Last Name Bohlen Authorized Contact Company Syserco Energy Solutions, Inc Authorized Contact Address 215 Fourier Ave, Suite 140 Authorized Contact Zip 94539 Authorized Contact City FREMONT Authorized Contact State CA Authorized Contact Phone 5108711313 Authorized Contact Phone Extn Authorized Contact Email t.bohlen@syserco-es.com Authorized Contact Confirm Email t.bohlen@syserco-es.com Equipment EQUIPMENT DETAILS Program Expanded NEM Tech Type Solar PV Generator Type Inverter-External Fuel Type Solar Will this Generator be used as a Backup?No Please Select an Anti-Island Detection Method Group 1 : Frequency Shift with continuous positive frequency feedback Do you plan to limit export?No Not Listed No Manufacturer Chint Power Systems America Model CPS SCA50KTL-DO/US-480 [480V] [SI1-SB] Quantity 2 Nameplate Rating (kW)50 Nameplate Rating (kVA)50 Nameplate Capacity (kW)100 Effective Rating (kVA)98.500000 Effective Rating (kW)98.500000 Inverter Efficiency 0.985 Output Voltage Rating 480 Phase Three Phase Power Factor 1 Power Factor Adjustment Max 0.8 Power Factor Adjustment Min 0.8 Short Circuit Contribution exceeds 1.2 per unit No Total Gen (kW)100 Tech Type Solar PV Generator Type PV Panels Fuel Type Solar Not Listed No Manufacturer Trina Solar Model TSM-575NEG19RC.20 Quantity 195 Inverter Efficiency 0.985 PTC Rating (kW-DC)0.5397 Nameplate Rating (kW)0.5316045 Nameplate Capacity (kW)103.6628775 CEC AC Rating 103.6628775 Total Gen (kW)105.2415 Program Expanded NEM Tech Type Solar PV Generator Type Inverter-External Fuel Type Solar Will this Generator be used as a Backup?No Please Select an Anti-Island Detection Method Group 1 : Frequency Shift with continuous positive frequency feedback Do you plan to limit export?No Not Listed No Manufacturer Chint Power Systems America Model CPS SCA36KTL-DO/US [480V] [SI1-JUN20] Quantity 2 Nameplate Rating (kW)36 Nameplate Rating (kVA)36 Nameplate Capacity (kW)72 Effective Rating (kVA)70.560000 Effective Rating (kW)70.560000 Inverter Efficiency 0.98 Output Voltage Rating 480 Phase Three Phase Power Factor 1 Power Factor Adjustment Max 0.8 Power Factor Adjustment Min 0.8 Short Circuit Contribution exceeds 1.2 per unit No Total Gen (kW)72 Tech Type Solar PV Generator Type PV Panels Fuel Type Solar Not Listed No Manufacturer Trina Solar Model TSM-575NEG19RC.20 Quantity 138 Inverter Efficiency 0.98 PTC Rating (kW-DC)0.5397 Nameplate Rating (kW)0.528906 Nameplate Capacity (kW)72.989028 CEC AC Rating 72.989028 Total Gen (kW)74.4786 Program Expanded NEM Tech Type Solar PV Generator Type Inverter-External Fuel Type Solar Will this Generator be used as a Backup?No Please Select an Anti-Island Detection Method Group 1 : Frequency Shift with continuous positive frequency feedback Do you plan to limit export?No Not Listed No Manufacturer Chint Power Systems America Model CPS SCA25KTL-DO-R/US-480 [480V] [SI1-SB] Quantity 1 Nameplate Rating (kW)25 Nameplate Rating (kVA)25 Nameplate Capacity (kW)25 Effective Rating (kVA)24.500000 Effective Rating (kW)24.500000 Inverter Efficiency 0.98 Output Voltage Rating 480 Phase Three Phase Power Factor 1 Power Factor Adjustment Max 0.8 Power Factor Adjustment Min 0.8 Short Circuit Contribution exceeds 1.2 per unit No Total Gen (kW)25 Tech Type Solar PV Generator Type PV Panels Fuel Type Solar Not Listed No Manufacturer Trina Solar Model TSM-575NEG19RC.20 Quantity 48 Inverter Efficiency 0.98 PTC Rating (kW-DC)0.5397 Nameplate Rating (kW)0.528906 Nameplate Capacity (kW)25.387488 CEC AC Rating 25.387488 Total Gen (kW)25.9056 Project Total Export (kW)197 GENERATING FACILITY NP (kVA)111 Short Circuit Interrupting Rating 30000 VARIANCE Interconnection Main Breaker PG&E Side (Line Side Tap Will Be Installed) Not Listed No Manufacturer Cutler-Hammer Model DH365FGK Quantity 1 Rating (Amps)400 AC Disconnect within 10 ft of the main service panel Yes Does this project meet the Distribution Interconnect Handbook (DIH) and Greenbook Requirements? Yes WARRANTY Equipment Warranty Verification A warranty of at least 10 years has been provided on all equipment and on its installation. ICA Capacity Values Generation Hosting Capacity (OP Flex)420 Generic PV Hosting Capacity (OP Flex)510 Generation Hosting Capacity (SG)420 Generic PV Hosting Capacity (SG)510 ICA Protection Value 90 Customer Sector SOLAR STATISTICS DATA Solar Customer Sector Other Government Solar PV Mounting Method Ground Solar PV Tracking Type Fixed Solar PV Tracking Fixed Tilt 7 Solar PV Tracking Fixed Azimuth 270 Solar PMRS Yes Solar PMRS Data Receiving Customer Solar System Owner PGE Customer Owned Solar System Cost 1100000 Solar PACE Financed No Payment Method Paid by Cash CA Rebate Program No California Solar Initiative Rebate No CSI Eligible No Electric Vehicles No FACILITY NAMEPLATE Facility Nameplate (kW)197 Documents Manufacturer's Documentation for Anti-islanding Method 2023-03-13 18:24:09 Building Permit Number Assessor Parcel Number Building Permit Date Applied Building Permit Final Sign off Date Single-Line Drawing 2023-03-27 15:41:03 Site Plans and Diagrams 2023-03-13 18:24:09 AC Disconnect Variance Requested Yes Variance Photos 2023-03-13 18:24:10 Additional Technical Documentation 2023-03-13 18:24:10 Review and Submit APPLICATION REVIEW Payment Amount Paid 145 Payment Date 2023-03-27 Payment Type CreditCard Paypal Reference af46f0ds Payment Order ID 5623606_20230327154453 Project Info CUSTOMER AND FACILITY INFO Project Number 000125647696 Program Complex Self Generation Sub Program Expanded NEM and Larger Paired Storage Expanded NEM Expanded NEM Service Type New Generating Facility (Existing Electric Service) Is this application for new construction?No Electric Service Agreement Number 0116367449 Electric Badge Meter Number 1009538478 PG&E Project Name Civic Center Facility Info Company Account Holder Name CITY OF CUPERTINO First Name Last Name Company Name CITY OF CUPERTINO Legal Status State of Incorporation Facility Address 10350 TORRE AVE Zip 95014 City CUPERTINO State CA Phone 4087773362 Extn Email AndreD@cupertino.org Confirm Email AndreD@cupertino.org ADDITIONAL FACILITY INFO Disaster Impacted No Study Process Fast Track Max three-phase fault 331 Short Circuit Interruption Rating 65000 Account Considerations An interconnection under Community Choice Aggregation Service (CCA) Contact Info CUSTOMER CONTACT Customer Contact Facility Street Address Customer First Name Andre Customer Last Name Duurvoort Customer Company Name CITY OF CUPERTINO Title Sustainability Manager Customer Mailing Address 10350 TORRE AVE Customer Mailing Address Zip Code 95014 Cupertino Community Hall_Application Summary - 2024-08-27T160753.228 Customer Mailing Address City CUPERTINO Customer Mailing Address State CA Customer Phone Number 4087773362 Customer Phone Extension Customer E-mail AndreD@cupertino.org Legal Status CONTRACTOR Self Installed?No CSLB Number Contractor First Name Taylor Contractor Last Name Bohlen Contractor Company Syserco Energy Solutions, Inc Contractor Address 215 Fourier Ave, Suite 140 Zip 94539 Contractor City FREMONT Contractor State CA Contractor Phone Number 5108711313 Contractor Phone Ext Contractor Email t.bohlen@syserco-es.com AUTHORIZED CONTACT Authorized Contact the Contractor Authorized Contact First Name Taylor Authorized Contact Last Name Bohlen Authorized Contact Company Syserco Energy Solutions, Inc Authorized Contact Address 215 Fourier Ave, Suite 140 Authorized Contact Zip 94539 Authorized Contact City FREMONT Authorized Contact State CA Authorized Contact Phone 5108711313 Authorized Contact Phone Extn Authorized Contact Email t.bohlen@syserco-es.com Authorized Contact Confirm Email t.bohlen@syserco-es.com Equipment EQUIPMENT DETAILS Program Expanded NEM Tech Type Solar PV Generator Type Inverter-External Fuel Type Solar Will this Generator be used as a Backup?No Please Select an Anti-Island Detection Method Group 1 : Frequency Shift with continuous positive frequency feedback Do you plan to limit export?No Not Listed No Manufacturer Chint Power Systems America Model CPS SCA50KTL-DO/US-480 [480V] [SI1-SB] Quantity 1 Nameplate Rating (kW)50.000 Nameplate Rating (kVA)50.0 Nameplate Capacity (kW)50.0 Effective Rating (kVA)49.250000 Effective Rating (kW)49.250000 Inverter Efficiency 0.985 Output Voltage Rating 480.0 Phase Three Phase Power Factor 1.00 Power Factor Adjustment Max 0.8 Power Factor Adjustment Min 0.8 Short Circuit Contribution exceeds 1.2 per unit No Total Gen (kW)50.0 Tech Type Solar PV Generator Type PV Panels Fuel Type Solar Not Listed No Manufacturer Trina Solar Model TSM-575NEG19RC.20 Quantity 92 Inverter Efficiency 0.985 PTC Rating (kW-DC)0.5397 Nameplate Rating (kW)0.5316045 Nameplate Capacity (kW)48.907614 CEC AC Rating 48.907614 Total Gen (kW)49.6524 Project Total Export (kW)50 GENERATING FACILITY NP (kVA)50 Short Circuit Interrupting Rating 65000 VARIANCE Interconnection Main Breaker Customer Side (Recommended) Not Listed No Manufacturer Cutler-Hammer Model DH324NRK Quantity 1 Rating (Amps)200 AC Disconnect within 10 ft of the main service panel Yes Does this project meet the Distribution Interconnect Handbook (DIH) and Greenbook Requirements? Yes WARRANTY Equipment Warranty Verification A warranty of at least 10 years has been provided on all equipment and on its installation. ICA Capacity Values Generation Hosting Capacity (OP Flex)0 Generic PV Hosting Capacity (OP Flex)0 Generation Hosting Capacity (SG)1100 Generic PV Hosting Capacity (SG)1470 ICA Protection Value 270 Customer Sector SOLAR STATISTICS DATA Solar Customer Sector Other Government Solar PV Mounting Method Rooftop Solar PV Tracking Type Fixed Solar PV Tracking Fixed Tilt 15 Solar PV Tracking Fixed Azimuth 180 Solar PMRS Yes Solar PMRS Data Receiving Customer Solar System Owner PGE Customer Owned Solar System Cost 250000 Solar PACE Financed No Payment Method Paid by Cash CA Rebate Program No California Solar Initiative Rebate No CSI Eligible No Electric Vehicles No FACILITY NAMEPLATE Facility Nameplate (kW)50 Documents Manufacturer's Documentation for Anti-islanding Method 2023-03-13 17:01:30 Building Permit Number Assessor Parcel Number Building Permit Date Applied Building Permit Final Sign off Date Single-Line Drawing 2023-03-13 17:01:30 Site Plans and Diagrams 2023-03-13 17:01:30 AC Disconnect Variance Requested No Review and Submit APPLICATION REVIEW Payment Amount Paid 145 Payment Date 2023-03-27 Payment Type CreditCard Paypal Reference px5gzcxa Payment Order ID 5622411_20230327155543     February 10, 2025    Syserco Energy Solutions, Inc.  Attn: Majd Khleif  215 Fourier Avenue Suite 140   Fremont, CA 94539    Re: Notice of Potential Award, Photovoltaic Systems Design and Installation project    I am pleased to inform you that the Cupertino City Council awarded the Contract for the   Photovoltaic Systems Design and Installation project (“Project”) to  Sysercon Energy  Solutions, Inc. as the Design‐Build Entity (“DBE”) for the Contract Amount of  $3,939,881.00, based on DBE’s Request for Proposals (RFP) submittal, received on  December 27, 2024.    A draft copy of the Contract accompanies this Notice. DBE must return the required  Payment Bond and Performance Bond, insurance certificates and endorsements, W‐9  form, valid Certificates of Reported Compliance for its fleet and its listed Subcontractors,  as required under the California Air Resources Board’s In‐Use Off‐Road Diesel‐Fueled  Fleets Regulation (13 CCR § 2449 et seq.), if applicable, no later than ten calendar days  from the date of this Notice of Potential Award, above. Upon review and approval of  bond and insurance documents, the Contract will be routed for electronic signature via  email.  The Contract must be signed by the DBE within three working days after the  Contract is provided electronically for signature.     This Notice of Potential Award does not bind the City to award the Contract. The City,  acting through its City Council or authorized designee, reserves the right to reject any or  all bids, and the right to decline to award the Contract, notwithstanding any staff  recommendation.    Unless expressly authorized or required to engage in any contractual activities, such as  preparing submittals, DBE must not commence Work until directed by the Notice to  Proceed and will not be entitled to compensation or credit for any Work performed  before the date specified in the Notice to Proceed.    Docusign Envelope ID: C1E0E27F-C1D6-4E66-BEB6-645935F21651     Please acknowledge receipt of this Notice of Potential Award by signing the attached  Acknowledgement of Notice of Potential Award, as indicated, and transmitting the  Acknowledgement to my office via email at susanm@cupertino.gov.  Do not hesitate to  contact me if you have any questions in this regard.    Sincerely,        Susan Michael   CIP Manager, City of Cupertino     Enclosure  CC: Derek Eggers (SES), Scott Menizin (SES), Gabe Johnson (SES), Chad Mosley (City of  Cupertino)           Docusign Envelope ID: C1E0E27F-C1D6-4E66-BEB6-645935F21651     Acknowledgement of Notice of Potential Award      On behalf of Syserco Energy Solutions, Inc. (“Contractor”), I acknowledge receipt of the  Notice of Potential Award for the Photovoltaic Systems Design and Installation project:      s/_________________________________    Name: _____________________________    Title: ______________________________    Date: ______________________________      Docusign Envelope ID: C1E0E27F-C1D6-4E66-BEB6-645935F21651 Majd Khleif CEO 02/13/25