Tamalpais Union High School District. Solar Project

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1 Tamalpais Union High School District REQUEST FOR PROPOSALS Solar Project November 19, 2014 Important Dates: Release Nov 19, 2014 Site Walk November 26, 2014 at 9:00 am Final RFP Questions & RFIs December 3, 2014 Proposal Due Date December 17, 2014 (no later than 2:00 pm) Board Approval of Contract February 23, 2015 Start Work February 24, 2015 Start Site Construction June 15, 2015 End Construction August 19, 2015 TABLE OF CONTENTS RFP Appendix A - Map of Project Site Appendix B - Proposal Forms Appendix C - Certification of Primary Participant Regarding Debarment, Suspension, and Other Responsibility Matters Appendix D - Contract Performance Bond (not required at time of proposal submittal) Appendix E - Labor and Material Payment Bond (not required at time of proposal submittal) Appendix F - Project Specifications Appendix G PPA draft Appendix H Contract Sample - 1 -

2 SECTION 1: OVERVIEW I. Introduction The Tamalpais Union High School District ("District") wants to optimize the rates it pays for electricity through the purchase of energy generated from solar photovoltaic ("PV") systems installed on a District site at a lower cost than it currently pays ("Project"). The District is requesting proposals from qualified firms ("Firms") to finance, design, install, operate, and maintain PV systems for the design and construction of a parking canopy PV system located at 395 Doherty Dr., Larkspur, California , in accordance with requested and supplied Specifications and Request for Proposal form. The District is interested in purchasing a PV systems from, or entering into a power purchase agreement ("PPA") with, the selected firm. The District desires the firm's professional services to assist the District in transitioning facilities from non-renewable energy sources to renewable sources by means of leveraging District-owned assets and any available local, state or federal government rebate or financing options, other financing mechanisms, grants, and/or other funding sources. This is a request for proposals ("RFP") only and should not be interpreted as a solicitation for services. Submittals should be concise and responsive to the District's goals and formatted as outlined in this RFP. Innovative and creative solutions are encouraged. All costs for proposals and design are entirely the responsibility of the proposing firm and shall not be charged to the District. II. Proposer Qualifications A proposing firm ("Proposer") must have successfully completed a minimum of three (3) solar energy projects in California within the last two years. Preference will be given to Proposers that have successfully completed projects for school districts, are using panels that are pre-approved by the Division of State Architect ("DSA"), and are familiar with the DSA approval process. Completed projects must be fully operational and on-line at the time of this submittal. To qualify, the Proposer must either individually or collectively demonstrate extensive training, relevant expertise, and a thorough knowledge of the professional services, functions, activities, and related responsibilities to successfully perform its role in this solar project. Proposer shall possess: Valid and pertinent State of California contractor construction licenses. Professional engineering licenses for photovoltaic/electrical and structural work. Special training and expertise as applicable. III. District Overview The District is a public school district located in Marin County, California. The District serves 3,500 students. The District s existing facilities include three (3) High Schools, one (1) Alternative Education High School, and one (1) Continuation High School. The District s current proposed - 2 -

3 solar project priority is the design and installation of parking canopy structures at Redwood High School in Larkspur, California ("Project Site"), per the specifications. (See map in Appendix A.) IV. Project Description The District is interested in the installation of PV systems on the Project Site to generate energy that would be purchased by the District. Prior to the installation of PV systems, the Proposer will assess energy usage the Project Site and provide energy efficiency upgrades where needed. The Proposer will design, install, operate and maintain solar PV systems to generate energy at the Project Sites, taking into account electrical demand and load pattern, installation costs, and other relevant factors. Proposer will be responsible for all activities related to interconnection and metering through Pacific Gas and Electric Company. V. Project Scope and Standards The District will purchase electricity produced by the PV system under the terms and conditions of the PPA. The scope of this Project is all inclusive and includes planning, engineering, labor, materials, delivery, installation, and operation, as well as maintenance as described below. Proposer shall apply for and obtain all necessary permits from applicable regulatory agencies including federal, state, and local jurisdictions. The selected Proposer will be expected to secure financing for the Project. Finally, the selected Proposer will be responsible for the security of all project materials. VI. Performance Guarantee for PPA As part of the PPA, the District requires a performance guarantee for the system, ensuring at least 95 percent of a clean energy project's production over at least a 5-year period, and must have a performance and production guarantee for the life of the PPA term. This guarantee will stipulate that the District shall be financially protected from any failure of any site system to meet a percentage of the expected production levels. In the event that actual production falls below this threshold, a vendor must reimburse or compensate the District (at the applicable PPA rate) for the shortfall. VII. Technical Requirements for PPA Please see Specifications for the Project, attached hereto as Appendix F. The specifications will become included in the contract in their entirety. SECTION 2: PROCESS I. RFP Responses The "RFP Response" shall consist of: - 3 -

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5 listed in this RFP, reference checks, and other information that will be independently gathered. Based on its review of the RFP Responses, certain Proposers will be invited to appear for an interview. V. Selection Criteria The District will select a vendor under the auspices of California Government Code , and has designated the following items as selection criteria for the successful Proposer. Each item will be reviewed by the Selection Committee. 1. Proposal Completeness. The degree to which the Proposer has included all of the information requested in this RFP in a clear and concise manner. 2. Financial Strength and Stability. Information indicating the Proposer s financial strength in terms of capital and liquid assets sufficient to successfully complete the project described in this RFP, and the stability of the Proposer in terms of number of years in existence, professional capabilities and photovoltaic systems construction experience. 3. Project Engineering Analysis. Information provided by the Proposer detailing the estimated kwh generated by the proposed PV systems in this RFP. Includes necessary assumptions (for example, sun light availability, dark time, maintenance down time, mean time between failures, efficiency of the systems proposed, efficiency losses, net metering, etc.). 4. Experience. Actual experience in PV systems, including 1) at least three (3) PV installations of 250kW or larger within the past 24 months; 2) at least two (2) parking canopy PV installations within the past 24 months; and 3) at least one (1) PV installation in California within the past 36 months. Contractor must hold a class B or C10 license and be approved by the PV manufacturer to install the system. All subcontractors must hold appropriate licenses. 5. Pricing. Based on the best value to the District.. 6. Proposed Customer Service, Maintenance Capabilities. Plan for the Proposer to provide general training to District staff and respond quickly to service calls so the PV systems are operating at optimum output. 7. Projected savings to the District. Realistic projected savings for the District over the next 20 years. SECTION 3: PROJECT REQUIREMENTS I. Completion Date Time is of the essence on the installation of the PV systems. Proposers should attempt to complete the installation during summer or non-school hours of operation, but if necessary may coordinate with the District to complete installation during school hours of operation. II. Scope of Services District anticipates professional services to be provided by the selected firm, to include the following: - 5 -

6 A. Instruction according to the Specifications, attached hereto as Appendix F. B. Proposition 39 Compliance. The District anticipates using Proposition 39 funds for the Project. If the District chooses to finance the Project with Proposition 39 funds, Proposer shall provide a commitment (Letter of Intent) for the District's its Energy Expenditure Plan describing AT LEAST the following elements: Project or system size (capacity), PPA term, PPA energy rate, and any rate escalation, Anticipated rebate or incentive amount, and Estimated production (kwh/kw) and cost savings over the PPA term; and demonstrate that these savings meet the SIR. SECTION 4: PREPARATION OF RFP RESPONSE I. Proposal. Proposers are encouraged to be as brief and concise as possible, avoiding standardized or boilerplate information. In order to maintain uniformity, the District requests Proposals include the following: Part I. Bid Sheets Complete all bid sheets included in Appendix B. Add additional sheets if needed, or if alternate purchasing options are being proposed. Part II. General Cover letter/letter of Transmittal. Include a transmittal letter signed by a party authorized to sign binding agreements for the project clearly indicating that the Proposer has carefully read all the provisions in the RFP. Executive Summary (two page maximum). Part III. Qualifications Company Information a. Size, number of employees. b. Construction and professional engineering licenses held by your company or its full time employees c. Financial performance. If public, provide a website link to your audited annual investment reports. If private, attach audited financial statements for the past two (2) years. d. Legal. Has your firm or have any of the executive officers of your firm been a party to a lawsuit involving the performance of any equipment it has installed? If so, please include a summary of the issues and the status of any lawsuit. e. Project Team. Describe the specific experience of all identified key personnel with respect to projects the size, scope and complexity of the project described in this RFP

7 f. Insurance and Bonding. Submit a certificate of insurance with your firm s proposal. Additionally, please provide the following information on the insurance your firm carries: o Commercial General Liability Limits (per occurrence and aggregate) o Commercial Automobile Liability Limits (per occurrence and aggregate) o Professional Liability Limits (per occurrence and aggregate) o Employer s Liability Limits (per occurrence and aggregate) o Employment Practices Liability Limits (per occurrence and aggregate) o Product insured for damage during installation/builders Risk Limits o What is your company s bonding capacity? All of Proposer's insurance shall be with insurance companies with an A.M. Best rating of no less than A:XI. g. Certification of nondiscrimination. Each proposer must certify that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all Federal, State, and local directives and executive orders regarding nondiscrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. Part IV. Solar Project Experience A list of similar solar projects which the Proposer completed within the last five (5) years. Describe all the currently operating nonresidential grid-connected PV systems that your company installed and operates in California within the past five (5) years. For each, please provide the following information: a. Project description b. Total kwp installed / system size (kwp rating) c. Customer/owner name with contact person s name, , address, phone number d. Location e. Indicate the type of system per the following categories: o Rooftop o Ground-based! fixed! tracking o Carport/Shade Structure! fixed! tracking f. Indicate if the customer/owner was a California public school district, community college district, or community college. If so, describe your experience with the DSA in gaining the necessary DSA approvals. g. References demonstrating that firm meets the requirements of this RFP. Part V. Proposed Solar PV Systems and Construction Schedule System - 7 -

8 Provide a detailed description of the PPA system proposed for the Project Site, including preliminary site plan. Indicate the specific location, dimensions, and "footprint" of the proposed system. Provide drawings, renderings, or pictures that clearly show how the structures will appear. Indicate system size in both kwp (dc) and kw (ac) terms, based on applicable California Energy Commission conventions. What are the key design and construction features of the system to optimize performance and aesthetics on the site? Are any of the products or mounting strategies unique or proprietary to the Proposer? Describe any identified issues or challenges and how you would address and/or resolve them. Attention should be paid to wind issues common to the region within which the Project Site is located. Describe how your firm will protect the system from exposure to high winds and dust. Explain how high winds and dust may affect the system. PV Modules Number of PV modules PV module description and brand and model number PV module efficiency %; PV cell efficiency Provide manufacturing data sheets for the proposed PV modules Indicate the PTC ratings for the proposed PV modules Inverters Number and size Inverter brand(s), model(s), and efficiency (in %) Provide manufacturing data sheets for the proposed inverters Design Provide an artist s drawing, sample photo, or other visual material that will allow the District to discern the aesthetic features of the proposed design. Are the proposed structures "pre-approved" by DSA? Project Implementation Schedule Submit an implementation schedule for the proposed system indicating expected milestones and timing. o Schedule shall minimally indicate the following:! Program Design! DSA Submission! DSA Approved Drawing! Commencement of construction! Substantial Completion! Project Close-out Part VI. Educational Component - 8 -

9 Please provide a narrative description of how your firm will work with the District to integrate the District s solar power project into the District s educational program. This narrative should address learning opportunities for students in grades K-12; describe strategies for integrating the solar power project into a new or existing Regional Occupation Program ("ROP") or class; and outline how your firm has worked with other school districts to make a solar power project a meaningful learning experience. Please describe how your firm will work with the District to provide the following: Training in o Understanding how solar technology works o Understanding utility billing o Reading monthly invoices from the Proposer o Incorporating solar technology into the curriculum o Using any curriculum to be provided by the Proposer Professional development for the District s certificated staff Allow District certificated staff and students to access relevant project output data so that they may incorporate results into course curriculum as well as place it on public display. Part VII. Exceptions to the Specifications and RFP documents Describe any exceptions to the RFP content, general expectations, specific requirements, and/or the District s standard agreement. For each exception, propose acceptable alternative language and/or provide rationale to support the exception. Exceptions that are contrary to the District s best interests, do not meet the needs of our staff and students, or conflict with regulations related to public contracts and procurement will not be accepted by the District and may be cause for rejection of the proposal. II. Cost Proposal. Please see Cost Proposal Sheet in Appendix B. III. Miscellaneous A. Confidential Information It is understood that proposals made in response to the RFP may contain technical, financial, or other data where public disclosure would cause substantial injury to the Proposer s competitive position or that would constitute a trade secret. To protect this data from disclosure, please clearly identify the pages that contain such information. The District assumes no responsibility for disclosure or use of unmarked data. All materials submitted (except those clearly designated as proprietary information) become the property of the District and will be returned only at the District s discretion

10 RFPs submitted become the property of the District and may be reviewed and evaluated by any persons at the discretion of the District

11 Appendix A MAP OF PROJECT SITE

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14 Appendix B PROPOSAL FORMS

15 Kenwood Energy Energy Management Consulting Bid Sheets P.O. Box 692 Ph: (707) Kenwood, CA

16 Kenwood Energy Energy Management Consulting Proposal Submittal Check List! Proposal Form Cover Page! Proposal Sheets! Proposed Payment Schedule! List of Subcontractors! Equipment and Material Suppliers! Proposer General Information! Statement of Experience and Qualifications! Public Contract Code Page! Non Collusion Affidavit! Acknowledgement of Amendments to the RFP! Conflict of Interest Representation! Proposal Submittals per Part 2.2 of the specification! Superintendent Resume P.O. Box 692 Ph: (707) Kenwood, CA

17 Kenwood Energy Energy Management Consulting PROPOSAL FORMS COVER PAGE PROPOSAL TO: Tamalpais Union High School District (OWNER) 1. The undersigned Proposer proposes and agrees, if this Proposal is accepted, to perform the WORK as specified or indicated in said Contract Documents entitled: PV CONSTRUCTION 2. Proposer will accept all of the terms and conditions of the Contract Documents. 3. Unless otherwise required by law. Proposer will enter into an Agreement within the time stated in the Notice of Request for Proposal and will timely furnish the insurance certificates and endorsements, Payment Bond and Performance Bond required by the Contract Documents. 4. Proposer has examined copies of all the Contract Documents. 5. Proposer has familiarized himself/herself with the nature and extent of the Contract Documents, WORK, site, locality where the WORK is to be performed, the requirements of Laws and Regulations, and the conditions affecting cost, progress or performance of the WORK and has made such independent investigations as Proposer deems necessary. 6. The Proposer agrees and certifies all the foregoing, and hereby certifies that all information contained in this Proposal Form, including the Proposal Schedule(s) and Information Required of Proposer, is true and complete. Proposer further agrees if awarded the contract, Proposer (thereafter known as CONTRACTOR ) will complete the WORK required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and will accept in full payment therefore the Contract Price based on the Total Proposal Price(s) named in the aforementioned Proposal Schedule(s). All representations made by Proposer in this Proposal are made under penalty of perjury. Dated: Proposer: By: (Signature) Title: P.O. Box 692 Ph: (707) Kenwood, CA

18 Kenwood Energy Energy Management Consulting PROPOSAL SHEET CAPITAL PURCHASE Schedule of prices for construction of the PV CONSTRUCTION in accordance with the Contract Documents. Item No. Description Make and Model Quantity Unit Price Total Price 1 PV Modules $ 2 Inverters 3 Parking Canopy 4 Balance of Materials 5 Labor 6 Electric Vehicle Charging Station Tax $ $ $ $ $ $ $ $ $ $ TOTAL PROPOSAL PRICE $ TOTAL PROPOSAL PRICE WRITTEN IN WORDS P.O. Box 692 Ph: (707) Kenwood, CA

19 Kenwood Energy Energy Management Consulting PROPOSED PAYMENT SCHEDULE CAPITAL PURCHASE Provide a schedule of payments for all milestone activities. Ten percent (10%) shall be retained from all payments. Item No. Description % of Contract Total Price 1 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ P.O. Box 692 Ph: (707) Kenwood, CA

20 Kenwood Energy Energy Management Consulting PROPOSAL SHEET POWER PURCAHSE AGREEMENT PPA Term up to 25 years. Examples of other costs are: cost for renewable energy credits, leases, removal of the system at the end of the term, etc. The District prefers all costs to be included in the kwh unit price. All costs must be included. No costs will be allowed if they are not included in this pricing sheet. Describe Other Costs. Include multiple PPA options if desired. Year $/kwh Other Cost - $ Description of Other Costs: P.O. Box 692 Ph: (707) Kenwood, CA

21 Kenwood Energy Energy Management Consulting INFORMATION REQUIRED OF PROPOSER LIST OF SUBCONTRACTORS: The Proposer shall list below the name and business address of each California licensed Subcontractor who will perform work or labor or render service under this Proposal and each California licensed Subcontractor that will specially fabricate and install a portion of the WORK in excess of one-half of one percent of the Proposer s Total Proposal Price, and shall also list the portion of the WORK which will be done by such Subcontractor, in keeping with the intent of Section 4100, et seq. of the Public Contract Code. Portion of Work To Be Performed Subcontr. License Number Subcontractor s Name & Address Note: Attach additional sheets if required. P.O. Box 692 Ph: (707) Kenwood, CA

22 Kenwood Energy Energy Management Consulting INFORMATION REQUIRED OF PROPOSER NAMED EQUIPMENT/MATERIAL SUPPLIER LIST: The Proposer shall indicate below which Supplier the Proposer intends to use to furnish under the Proposal, each item of equipment or material listed on this form by writing a supplier specified for that equipment or material (proposed substitutes may be listed on the Proposed Substitute Equipment/Material Supplier List form). If no supplier is named in the Contract Documents, the Proposer may list any supplier whose product meets all of the requirements and technical criteria specified. The listing of more than one supplier for each equipment/material to be furnished with the words "and/or" will not be permitted. RFP Section Equipment/Material Supplier P.O. Box 692 Ph: (707) Kenwood, CA

23 Kenwood Energy Energy Management Consulting INFORMATION REQUIRED OF PROPOSER PROPOSER S GENERAL INFORMATION: The Proposer shall furnish the following information. Additional sheets shall be attached as required. (1) Proposer s name and address: (2) Proposer s telephone number: (3) Proposer s license: Primary classification State License No. and Expiration Date: Supplemental classifications held, if any: Name of Licensee, if different from (1) above: (4) Name of person who inspected site of proposed WORK for your firm: Name: Date of Inspection: (5) Name, address, and telephone number of surety company and agent who will provide the bonds required by the Contract Documents: (6) ATTACH TO THIS PROPOSAL the experience resume of the person who will be designated Superintendent. (7) ATTACH TO THIS PROPOSAL a financial statement, references and other information, sufficiently comprehensive to permit an appraisal of Proposer s current financial condition. P.O. Box 692 Ph: (707) Kenwood, CA

24 Kenwood Energy Energy Management Consulting STATEMENT OF EXPERIENCE & QUALIFICATIONS List at least four jobs that are representative of your firm s experience and qualifications to perform the improvements required by the Contract Documents. Jobs listed should include at least four similar public works projects constructed by the Proposer as prime Contractor. Start with the most recent jobs. Be specific when listing "Type of Work Performed. For all jobs listed, provide all information requested below, including at least one reference with phone number for each of the jobs listed. Attach additional sheets as necessary. Be sure to refer to the specification for minimum requirements for previous work. P.O. Box 692 Ph: (707) Kenwood, CA

25 Kenwood Energy Energy Management Consulting Date of Job Job #1 Job #2 Project Name Job Location: kw Types of Work Performed (Circle All that Apply) Parking Structure Project Management Project Development Design and Engineering Day to Day On-site Management Mechanical Construction Electrical Construction Commissioning Rebate Processing Parking Structure Project Management Project Development Design and Engineering Day to Day On-site Management Mechanical Construction Electrical Construction Commissioning Rebate Processing Total Contract Value % of Value Performed # of Employees on Job Supervised by Sub: % In-house: % Sub: % In-house: % Subs: Own: Subs: Own: $ Client or Owner Name and Address Contact Name & Phone # P.O. Box 692 Ph: (707) Kenwood, CA

26 Kenwood Energy Energy Management Consulting Date of Job Job #3 Job #4 Project Name Job Location: kw Types of Work Performed (Circle All that Apply) Parking Structure Project Management Project Development Design and Engineering Day to Day On-site Management Mechanical Construction Electrical Construction Commissioning Rebate Processing Parking Sructure Project Management Project Development Design and Engineering Day to Day On-site Management Mechanical Construction Electrical Construction Commissioning Rebate Processing Total Contract Value % of Value Performed # of Employees on Job Supervised by Sub: % In-house: % Sub: % In-house: % Subs: Own: Subs: Own: $ Client or Owner Name and Address Contact Name & Phone # P.O. Box 692 Ph: (707) Kenwood, CA

27 Kenwood Energy Energy Management Consulting PUBLIC CONTRACT CODE SECTION QUESTIONNAIRE In accordance with Public Contract code Section 10162, the Proposer shall complete, under penalty of perjury, the following questionnaire: Has the Proposer, any officer of the Proposer, or any employee of the Proposer, who has a proprietary interest in the Proposer, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. PUBLIC CONTRACT SECTION STATEMENT In accordance with Public Contract Code Section 10232, the Proposer hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Proposer within the immediately preceding two year period because of the Proposer s failure to comply with an order of a federal court which orders the Proposer to comply with an order of the National Labor Relations Board. NOTE: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. P.O. Box 692 Ph: (707) Kenwood, CA

28 Kenwood Energy Energy Management Consulting To the Tamalpais Union High School District: NONCOLLUSION AFFIDAVIT Title 23 United States Code Section 112 and Public Contract Code Section 7106 In accordance with California Public Contract Code 7106, the Proposer declares he or she, being first duly sworn, deposes and says that the Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Proposal is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other Proposer, or to secure any advantage against the public body awarding the contract or anyone interested in the proposed Contract; that all statements contained in the Proposal are true; and, further, that the Proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Dated: Proposer: By: (Signature) Title: (NOTARIAL ACKNOWLEDGMENT) P.O. Box 692 Ph: (707) Kenwood, CA

29 Kenwood Energy Energy Management Consulting ACKNOWLEDGEMENT OF AMENDMENTS TO RFP Contractor hereby acknowledges receipt of any and all amendments to the RFP. Amendment No. Date Published Date Received By: Name: Title: Date: Name of Contractor: P.O. Box 692 Ph: (707) Kenwood, CA

30 Kenwood Energy Energy Management Consulting CONFLICT OF INTEREST REPRESENTATION AND CERTIFICATION The undersigned hereby acknowledges and affirms that: He/she is a duly authorized agent of the Contractor with the authority to submit a Proposal on behalf of the Contractor (corporate or other authorization confirmation may be requested prior to final contract execution). He/she has read the complete BID and all amendments issued pursuant thereto. The Proposal complies with State conflict of interest laws. The Contractor certifies that no employee of its firm has discussed, or compared the Proposal with any other Contractor or District employee, and has not colluded with any other Contractor or District employee. If the Contractor's Proposal is accepted by the District, the Contractor will enter into a contract with the District to provide the Services, Systems and Equipment described by the Proposal on the terms mutually acceptable to the District and the Contractor. THE DISTRICT RESERVES THE RIGHT TO REJECT ANY OR ALL PROPOSALS. I hereby certify that I am submitting the attached Proposal on behalf of [Specific Entity Submitting Proposal]. I understand that, by virtue of executing and returning this required response form with the Proposal, I further certify, that the Contractor understands and does not dispute any of the contents of the BID (except as may be noted in the Proposal). Signature of Authorized Official Date Printed Name of Authorized Official Title of Authorized Official Contractor Name: Address: Telephone: Fax: NOTE: If Joint Venture, each member of the joint venture must provide a completed certificate form. P.O. Box 692 Ph: (707) Kenwood, CA

31 Appendix C CERTIFICATION OF PRIMARY PARTICIPANT REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS The [Firm Name/Principal] Certifies to the best of its knowledge and belief that it and its principals: 1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2) Have not within a three-year period preceding this bid been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local), with commission of any of the offenses enumerated in paragraph (2) of this certification; and 4) Have not, within a three-year period preceding this bid had one or more public transactions (federal, state or local) terminated for cause or default. 5) If unable to certify to any of the statements in this certification, the participant shall attach an expiration to this certification. THE PRIMARY PARTICIPANT Firm Name/Principal CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEQ. ARE APPLICABLE THERETO. Signature of Authorized Official Date Printed Name of Authorized Official Title of Authorized Official Page 13 of 24

32 Appendix D SAMPLE CONTRACT PERFORMANCE BOND (CALIFORNIA PUBLIC WORK) (not required at time of proposal submittal) WHEREAS, the governing board ( Board ) of the Lincoln Unified School District, (or District ) and, ( Principal ) have entered into a contract for the furnishing of all materials and labor, services and transportation, necessary, convenient, and proper to perform the following project: [INSERT PROJECT NAME AND NUMBER] (the Project ); and WHEREAS, the Work to be performed by the Principal is more particularly set forth in that certain Agreement between the Principal and the District, dated, 20, which Agreement and all other contract documents set forth therein (collectively, the Contract Documents ) are incorporated herein and made a part hereof by this reference; and WHEREAS, by the terms of the Contract Documents, the Principal is required to furnish a bond ensuring the Principal s prompt, full and faithful performance of the Work under the Contract Documents ( Bond ). NOW THEREFORE, we,, as Principal, and, as Surety, are held and firmly bound, along with our respective heirs, executors, administrators, successors and assigns, jointly and severally, unto [INSERT NAME OF SCHOOL DISTRICT], as District, for payment of the penal sum of Dollars ($ ), said sum being not less than one hundred percent (100%) of the total amount payable by the District under the terms of the Contract Documents, in lawful money of the United States, as more particularly set forth herein. The condition of the obligation is such that if the Principal promptly, fully and faithfully performs each and all of the obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract Documents as they may be modified or amended from time to time, and if the Principal indemnifies and saves harmless the District and all of its officers, agents and employees from any and all losses, liability and damages, claims, judgments, liens, costs, and fees of every description which may be incurred by the District by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract Documents, including all modifications and amendments thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise, it shall be, and remain, in full force and effect. The Surety, for value received, hereby stipulates and agrees that no change, adjustment of the Contract Time, adjustment of the Contract Price, alterations, deletions, additions, or any other modifications to the terms of the Contract Documents, the Work to be performed thereunder, or Page 14 of 24

33 to the Specifications or the Drawings shall limit, restrict or otherwise impair Surety s obligations or District s rights hereunder. Surety hereby waives notice from the District of any such changes, adjustments of Contract Time, adjustments of Contract Price, alterations, deletions, additions or other modifications to the Contract Documents, the Work to be performed under the Contract Documents, or the Drawings or the Specifications. In the event of the District s termination of the Contract due to the Principal s breach or default of the Contract Documents, within twenty (20) days after written notice from the District to the Surety of the Principal s breach or default of the Contract Documents and District s termination of the Contract, the Surety shall notify District in writing of Surety s assumption of obligations hereunder by its election to either remedy the default or breach of the Principal or to take charge of the Work of the Contract Documents and complete the Work at its own expense ( Notice of Election ); provided, however, that the procedure by which the Surety undertakes to discharge its obligations under this Bond shall be subject to the advance written approval of the District, which approval shall not be unreasonably withheld, limited or restricted. The insolvency of the Principal or the Principal s mere denial of a failure of performance or default under the Contract Documents shall not by itself, without the Surety s prompt, diligent inquiry and investigation of such denial, be justification for Surety s failure to give the Notice of Election or for its failure to promptly remedy the failure of performance or default of the Principal or to complete the Work. In the event the Surety fails to issue its Notice of Election to District within the time specified herein, the District may take all such action or actions necessary to cure or remedy the Principal's failure of performance or default or to complete the Work. The Principal and the Surety shall be each jointly and severally liable to the District for all damages and costs sustained by the District as a result of the Principal s failure of performance under the Contract Documents or default in its performance of obligations thereunder, including without limitation the costs of cure or completion exceeding the then remaining balance of the Contract Price; provided that the Surety s liability hereunder for the costs of performance, damages and other costs sustained by the District upon the Principal s failure of performance under or default under the Contract Documents shall be limited to the penal sum hereof, which shall be deemed to include the costs or value of any Changes of any Work which increases the Contract Price. The Principal and Surety agree that if the District is required to engage the services of an attorney in connection with enforcement of the Bond, Principal and Surety shall pay District s reasonable attorneys fees incurred, with or without suit, in addition to the above sum. In the event that suit or other proceeding is brought upon this Bond by the District, the Surety shall pay to the District all costs, expenses and fees incurred by the District in connection therewith, including without limitation, attorneys fees. IN WITNESS WHEREOF, the Principal and Surety have executed this instrument this day of, 2014 by their duly authorized agents or representatives. (Corporate Seal) (Principal Name) Page 15 of 24

34 By: (Signature) (Typed or Printed Name / Title) (Corporate Seal) (Surety Name) By: (Signature of Attorney-in-Fact for Surety) (Attach Attorney-in-Fact Certificate) (Typed or Printed Name) (Address) ( ) (Area Code and Telephone Number) IMPORTANT: THIS IS A REQUIRED FORM. Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in California Insurance Code section 105, and if the work or Project is financed, in whole or in part, with federal, grant or loan funds, Surety s name must also appear on the Treasury Department s most current list (Circular 570 as amended). Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of agent or representative for service for service of process in California) Telephone: Telephone: Page 16 of 24

35 STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On this day of, in the year, before me,, a Notary Public in and for said State, personally appeared, known to me to be the person whose name is subscribed within the instrument as the Attorney-in-Fact of the (Surety) and acknowledged to me that he subscribed the name of the (Surety) thereto and his own name as Attorney-in-Fact. Notary Public in and for said State (SEAL) Commission expires: NOTE: A copy of the power-of-attorney to local representatives of the bonding company must be attached hereto. Page 17 of 24

36 Appendix E SAMPLE LABOR AND MATERIAL PAYMENT BOND (CALIFORNIA PUBLIC WORK) (not required at time of proposal submittal) (100% of Contract Price) WHEREAS, the governing board ( Board ) of the Lincoln Unified School District, (or District ) and, ( Principal ) have entered into a contract for the furnishing of all materials and labor, services and transportation, necessary, convenient, and proper to perform the following project: [INSERT PROJECT NAME AND NUMBER] (the Project ); and WHEREAS, the Work to be performed by the Principal is more particularly set forth in that certain Agreement between the Principal and the District, dated, 20, which Agreement and all other contract documents set forth therein (collectively, the Contract Documents ) are incorporated herein and made a part hereof by this reference; and WHEREAS, by the terms of the Contract Documents, and in accordance with California Civil Code 9550 et seq., the Principal is required to furnish a bond for the prompt, full and faithful payment to any Claimant, as hereinafter defined, for all labor, materials or services used, or reasonably required for use, in the performance of the Work on the Project ( Bond ); and WHEREAS, the term "Claimant" shall refer to any of the persons described in California Civil Code 9100, who provide or furnish labor, materials or services used or reasonably required for use in the performance of the Work under the Contract Documents, without regard to whether such labor, materials or services were sold, leased or rented. NOW THEREFORE, we,, as Principal, and, as Surety, are held and firmly bound, along with our respective heirs, executors, administrators, successors and assigns, jointly and severally, unto [INSERT NAME OF SCHOOL DISTRICT], as District, for payment of the penal sum of Dollars ($ ), said sum being not less than one hundred percent (100%) of the total amount payable by the District under the terms of the Contract Documents, in lawful money of the United States, as more particularly set forth herein. This Bond shall inure to the benefit of all Claimants so as to give them, or their assigns and successors, a right of action upon this Bond. Page 18 of 24

37 The condition of the obligation is such that if the Principal, or its subcontractors, heirs, executors, administrators, successors or assigns fail to pay (1) any Claimant, (2) amounts due under the Unemployment Insurance Code with respect to Work or labor performed on the Project, or (3) amounts required to be deducted, withheld, and paid to the Employment Development Department from the wages of employees of the Principal and its subcontractors under Section of the Unemployment Insurance Code with respect to the Work and labor, then Surety will pay for the same in an amount not to exceed the sum specified above and, if an action is brought to enforce the liability on the Bond, the Surety shall pay such reasonable attorneys fees as fixed by the court, as set forth in Civil Code If the Principal promptly, fully and faithfully makes payment to any Claimant for all labor, materials or services used or reasonably required for use in the performance of the Work, then this obligation shall be void; otherwise, it shall be, and remain, in full force and effect. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, deletion, addition, or any other modification to the terms of the Contract Documents, the Work to be performed thereunder, the Specifications or the Drawings, or any other portion of the Contract Documents, shall in any way limit, restrict or otherwise affect its obligations under this Bond; the Surety hereby waives notice from the District of any such change, extension of time, alteration, deletion, addition or other modification to the Contract Documents, the Work to be performed under the Contract Documents, the Drawings or the Specifications of any other portion of the Contract Documents. IN WITNESS WHEREOF, the Principal and Surety have executed this instrument this day of, 2014 by their duly authorized agents or representatives. (Corporate Seal) (Principal Name) By: (Signature) (Typed or Printed Name / Title) (Corporate Seal) (Surety Name) By: (Signature of Attorney-in-Fact for Surety) (Attach Attorney-in-Fact Certificate) (Typed or Printed Name) (Address) ( ) (Area Code and Telephone Number) Page 19 of 24

38 IMPORTANT: THIS IS A REQUIRED FORM. Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in California Insurance Code section 105, and if the work or Project is financed, in whole or in part, with federal, grant or loan funds, Surety s name must also appear on the Treasury Department s most current list (Circular 570 as amended). Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of agent or representative for service for service of process in California) Telephone: Telephone: STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On this day of, in the year, before me,, a Notary Public in and for said State, personally appeared, known to me to be the person whose name is subscribed within the instrument as the Attorney-in-Fact of the (Surety) and acknowledged to me that he subscribed the name of the (Surety) thereto and his own name as Attorney-in-Fact. Notary Public in and for said State (SEAL) Commission expires: NOTE: A copy of the power-of-attorney to local representatives of the bonding company must be attached hereto. Page 20 of 24

39 Appendix F PROJECT SPECIFICATIONS Page 21 of 24

40 Kenwood Energy Energy Management Consulting SOLAR PHOTOVOLTAIC (PV) ELECTRIC SYSTEM AND PARKING CANOPY TAMALPAIS UNION HIGH SCHOOL DISTRICT PART 1 GENERAL 1.1 SUMMARY A B C D Build a solar photovoltaic (PV) electric system for the Tamalpais Union High School District at Redwood High School located at 395 Doherty Drive, Larkspur, CA The District wants pricing for the capital purchase of the system, and for a Power Purchase Agreement (PPA) option. The system will serve five separate utility accounts located on the property through PG&E s aggregated net metering program. Complete construction during the 2015 summer session. Provide proposals for a PV system parking canopy with a nameplate rating of kw AC in the locations shown on the image below. E Definitions 1 CSI: California Solar Initiative 2 O&M: Operations and Maintenance 1 P.O. Box 692 (707) Kenwood, CA

41 Kenwood Energy Energy Management Consulting F G 3 GHG: Greenhouse Gas 4 PV: Photovoltaic 5 DAS: Data Acquisition System 6 Owner: Tamalpais Union High School District 7 Engineer: Owner s technical representative during the construction process Facility Contact: Tony Catrino Director of Maintenance and Operations Tamalpais Union High School District tcatrino@tamdistrict.org Technical Contact Tim Holmes Kenwood Energy timholmes@kenwoodenergy.com 1.2 SCOPE OF WORK INCLUDES AND REQUIRES A B C D E F Design and installation of a parking canopy PV system. The Work shall include all materials, labor, equipment, fencing, trenching, paving, electric panels, breakers, services, and incidentals necessary to install a complete PV system as specified hereinafter, including, but not limited to, the work included in this RFP. The Contractor is expected to work closely with the District personnel to avoid potential damage to existing infrastructure. At a minimum, the project shall consist of the design, supply, and installation of a PV system, mounting structure, terminal and combiner boxes, quick-connect electrical connectors, DC wiring, DC disconnect, grid-connected inverter, AC disconnect, AC wiring, all metering equipment (±2% accuracy), a DAS, an isolation transformer, all designed to interconnect with the building s electrical system. All applicable sections of Construction Specification Institutes Division 0 and Division 1 are included herein by reference. It is the Contractor s responsibility to review all available drawings and visit the jobsite to collect and document existing conditions and determine conduit and wiring runs. No allowance shall be made for any additional costs incurred by the Contractor due to failure to properly understand site conditions. Civil and Structural engineering analysis and documentation, stamped and signed by a Civil or Structural Engineer registered in the State of California, certifying that the mounting structure can support any loads resulting from local applicable seismic and wind-load activity. A Professional Engineer in the appropriate discipline must stamp all relevant drawings. All mounting canopies shall have a safety factor of at least P.O. Box 692 (707) Kenwood, CA

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