to contract no. fac1819-18, districtwide energy …...fac1819-18, districtwide energy efficiency and...

FIRST AMENDMENT

TO

CONTRACT NO. FAC1819-18, DISTRICTWIDE ENERGY EFFICIENCY ANDSUSTAINABILITY SERVICES

This First Amendment is made this 21st day of August, 2019 by and between the

CARLSBAD UNIFIED SCHOOL DISTRICT, a Califomia School District organized and

existing under the laws of the State of Califomia (hereunder called the "District"), and

SCHNEIDER ELECTRIC BUILDINGS AMERICAS INC. a corporation duly organized and

operating under the laws of the State of Califomia ("Consultant").

RECITALS

WHEREAS, the District and Consultant originally entered into an Independent ConsultantAgreement ("Contract") for Districtwide Energy Efficiency and Sustainability Services,("Services") on or about Januaiy 24, 2019 which consisted of the Master Agreement fee not toexceed Six Million. Five Hundred Thousand Dollars ($6.500.000h and

WHEREAS, the Independent Consultant Agreement Documents may be amended by the

mutual written agreement of the parties; and

WHEREAS, the District and Consultant now desire to amend the Contract Documents in

order to add the final construction scope of work, delivery method, cost and savings pursuant to

the terms and conditions of this First Amendment.

AGREEMENT

NOW, THEREFORE, in good and valuable consideration of the mutual promises and

covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the

parties hereto agree as follows:

1. The District and Consultant mutually desire to amend the Contract Documents, as

follows:

a. Additional Scope

1. The additional scope will cover the final constmction scope of work, delivery

method, cost and savings as outlined in Exhibit A.

2. This First Amendment shall affect only the items specifically set forth herein, and

all other terms and conditions of the Contract Documents shall remain unchanged and in full force

and effect.

Exhibit A

IN WITNESS WHEREOF, the parties hereto have, by their duly authorized

representatives, executed this First Amendment to the Contract Documents, in duplicative, as of

the day and year first above written.

CONSULTANT;

SCHNEIDER ELECTRIC BUILDINGS

AMERICAS INC.

THE DISTRICT;

CARLSBAD UNIFIED SCHOOL

DISTRICT

BY: Tammv Fulon. Vice President

ITS:

BY:_Chris Wright. Assist Sup. Business Services

ITS:

Exhibit A

Vendor's Project Implementation

Vendor agrees to provide and perform the energy conservation measures ("ECMs") set forth in thisExhibit A, including the Schedules listed below and incorporated fully herein, subject to the terms andconditions set forth herein:

Definitions

1. "Date of Commencement" is the date of the Notice to Proceed for the Project Implementationdescribed in Exhibit B.

2. "Day" as used herein shall mean calendar day unless otherwise specifically designated.

3. "Project" refers to scope of work, as set forth in Schedule A: Scope of Work, made to facilities ofDistrict.

4. "Project Implementation" refers to the scope of services set forth in this Exhibit A.

5. "Substantial Completion" refers to and shall mean the date the individual scopes of work aresufficiently implemented in accordance with the Contract Documents that District may utilize theProject for the use for which it is intended, and is fully complete except for minor items, adjustmentsand/or corrections.

6. "Warranty Period" is for one (1) year from the dates set forth in the project warranty letter.

7. "Work" means the services required by the Contract Documents, whether completed or partiallycompleted and, includes all labor, materials, equipment and services provided or to be provided byVendor to fulfill Vendor's obligations. The Work may constitute the whole or a part of the Project.

Terms and Conditions

ARTICLE 1 - DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

1.1 Vendor projects it will achieve Substantial Completion of the Work within 400 days from Date ofCommencement (the "Contract Time"), subject to adjustments of this Contract Time as provided in theContract Documents.

ARTICLE 2 - CONTRACT PRICE AND PAYMENTS

2.1 The total of all Project Implementation payments shall be $6,231,592 (the "Contract Price"). Vendorshall invoice District for construction progress payments which shall be paid to Vendor monthly based onthe percentage completion of items delineated on a "Schedule of Values" completed during the priormonth. The Schedule of Values will be developed by Vendor and provided to District at the beginning ofProject Implementation. The Schedule of Values will be based upon the project cost less the ProjectMobilization Payment. If any payment is over ten (10) days late from the due date stated on the invoice.District shall pay to Vendor a 1% late penalty per month and Vendor reserves the right to terminate thisContract due to non-payment upon seven (7) days prior written notice.

2.2 Within ten (10) days of the Date of Commencement, District shall make payment to Vendor forexpenses incurred to date and project mobilization expenses, including but not limited to engineering,project start-up and mobilization, equipment and material procurement, bonds and other expensesincurred to date ("Project Mobilization Payment") in the amount of not to exceed 20% of the

ESS Proprietary and ConfidentialRev5.2018 1

implementation contract payment total of the Contract Price as provided for on the Project MobilizationPayment invoice attached hereto and made a part hereof.

2.3 Payments may be withheld on account of (1) Defective Work not remedied per Article 3.2, (2)failure of Vendor to make payments properly to the Subcontractors or for labor, materials or equipment, or(3) repeated failure to carry out the Work in accordance with the Contract Documents.

2.4 Final payment for the Work shall not become due until Vendor has delivered to District a completerelease of all liens arising out of this Contract covering all labor, materials, and equipment for which a liencould be filed, or a bond satisfactory to District to indemnify District against such lien.

2.5 The making of final payment shall constitute a waiver of claims by District except those arising from(1) liens, claims, security interests or encumbrances arising out of the Contract and which are unsettled,(2) failure of the Work to comply with the requirements of the Contract Documents, or (3) terms of specialwarranties required by the Contract Documents.

ARTICLE 3-DISTRICT

3.1 Except for permits and fees that are explicitly the responsibility of Vendor under the ContractDocuments, District shall secure and pay for necessary approvals, inspections, easements, assessmentsand charges required for the use or occupancy of permanent structures or permanent changes infacilities, including, but not limited to inspections for concrete and/or earthen compaction, whereapplicable.

3.2 If Vendor fails to correct Work that is not in material accordance with the requirements of theContract Documents within the Warranty Period ("Defective Work") or repeatedly fails to carry out theWork in accordance with the Contract Documents, District shall provide written notice to Vendor detailingany alleged deficiencies. If the noticed deficiencies are not resolved or if Vendor does not diligentlycommence to address such deficiencies within thirty (30) days of receipt of the written notice, District mayorder Vendor to stop the Work, or any portion thereof, until the cause for such order has been eliminated.However, the right of District to stop the Work shall not give rise to a duty on the part of District toexercise this right for the benefit of Vendor or any other person or entity.

3.3 District agrees to repair or replace as necessary any defective existing equipment that is intendedto be reused.

3.4 Information under District's control shall be furnished by District with reasonable promptness asrequested by Vendor.

3.5 District shall notify Vendor in writing of any or all uses or restrictions in usage of all areas ofDistrict's facility or the location of the Project.

3.6 The foregoing are in addition to any other duties and responsibilities of District set forth herein or inany other Contract Documents, including but not limited to those duties and responsibilities set forth inSchedule E.

ARTICLE 4-VENDOR

4.1 Vendor shall supervise and direct the Work, using Vendor's skill and attention. Vendor shall besolely responsible for and have control over means, methods, techniques, sequences and proceduresand for coordinating all portions of the Work under the Contract, unless Contract Documents give otherspecific instructions concerning these matters.

4.2 Unless otherwise provided in the Contract Documents, Vendor shall provide and pay for labor,materials, tools, equipment and machinery necessary for the proper execution and completion of theWork.


4.3 Vendor warrants to District for a period of one (1) year from the corresponding dates of eachproject warranty letter that the materials and equipment manufactured by Vendor will be of good qualityand new unless the Contract Documents require or permit otherwise, and further warrants that the Workwill conform to the requirements of the Contract Documents and will be free from defects, except for thoseinherent in the quality of the Work the Contract Documents require or permit. Work, materials, orequipment not conforming to these requirements may be considered defective. Vendor's warrantyexcludes remedy for damage or defect caused by abuse, alterations to the Work not executed by or forVendor, improper or insufficient maintenance, improper operation, or normal wear and tear and normalusage. Vendor shall repair or replace defective material or equipment and re-perform Work to correct anydefect within the Warranty Period. Vendor does not warrant products not manufactured by Vendor, but itwill pass on to District any manufacturer's warranty to the extent permitted. THE FOREGOINGWARRANTIES AND REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES ANDREMEDIES WHETHER STATUTORY, EXPRESS OR IMPLIED (INCLUDING ALL WARRANTIES OFMERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND ALL WARRANTIES ARISINGFROM COURSE OF DEALING OR USAGE OR TRADE), AND Vendor WILL NOT BE RESPONSIBLEFOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF CUSTOMER UNLESS REQUIRED BYAPPLICABLE STATE LAW. VENDOR'S RESPONSIBILITY IN WARRANTY OR CONTRACT SHALLNOT EXCEED THE CONTRACT PRICE PAID FOR THE SPECIFIC PRODUCT OR SERVICE THATGIVES RISE TO THE CLAIM EXCLUDING THIRD PARTY CLAIMS FOR PERSONAL INJURY, DEATHOR PROPERTY DAMAGE OR AS MAY BE REQUIRED BY LAW.

4.4 Unless otherwise provided in the Contract Documents, Vendor shall pay sales, consumer, use, andother similar taxes which are legally enacted when bids are received or negotiations concluded, whetheror not effective or merely scheduled to go into effect, and shall secure and pay for the building permit andother permits, licenses and inspections necessary for proper execution and completion of the Work.

4.5 Vendor shall comply with and give notices required by laws, ordinances, rules, regulations, andlawful orders of public authorities bearing on performance of the Work.

4.6 Vendor shall keep the premises and surrounding areas free from accumulation of waste materialsor rubbish caused by operations under the Contract. At completion of the Work, Vendor shall removefrom and about Project waste materials, rubbish. Vendor's tools, equipment, machinery and surplusmaterial.

4.7 Vendor shall provide District access to the Work in preparation and progress wherever located.

4.8 Vendor shall pay all royalties and license fees, shall defend District from suits or claims forinfringement of patent rights, and shall hold District harmless from loss on account thereof.

4.9 Except to the extent of the negligence or willful misconduct of District, or its agents,representatives, employees, officers, directors or assigns, Vendor shall indemnify and hold harmlessDistrict, and agents and employees thereof from and against all third party claims, damages, losses andexpenses, including, but not limited to, reasonable attorney's fees, arising out of or resulting fromperformance of the Work provided that such claim, damage, loss or expense is attributable to bodilyinjury, sickness, disease or death, or to injury to or destruction of tangible property (including the Workitself), but only to the extent caused in whole or in part by negligent acts or omissions of Vendor, aSubcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may beliable.

4.10 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Vendor SHALLNOT BE LIABLE IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OROTHERWISE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGESWHATSOEVER. CUSTOMER AGREES TO THE FOREGOING TO THE EXTENT PERMITTED BY THECONSTITUTION AND LAWS OF THE STATE OF CALIFORNIA. The remedies of District set forth hereinare exclusive where so stated and the total cumulative liability of Vendor with respect to this Contract or


anything done In connection therewith, such as the use of any product covered by or furnished under theContract, whether in contract, in tort (including negligence or strict liability) or otherwise, shall not exceedthe Contract Price for the specific product, equipment, material or service work performed that gives riseto the claim, excluding third party claims for personal injury, death or property damage or as may berequired by law.

4.11 Upon Substantial Completion of each portion of the Work, Vendor will issue a project warrantyletter to District.

ARTICLE 5 - DISPUTE RESOLUTION

5.1 To the extent allowed by applicable law, any controversy or claim arising out of or relating to thisContract, or Contract Documents, or any breach thereof, shall be settled by binding arbitration inaccordance with the Construction Industry Arbitration Rules of the American Arbitration Association, andJudgment upon the award rendered by the arbitrator(s) may be entered in any court having Jurisdictionthereof.

5.2 The arbitration proceeding location shall be in the county in which the Project is located.

ARTICLE 6 - SUBCONTRACTS

6.1 A Subcontractor is a person or entity who has a direct contract with Vendor to perform a portion ofthe Work at the site.

6.2 Unless otherwise stated in the Contract Documents or the bidding requirements Vendor, ifrequested in writing by District, shall furnish in writing to District the names of the Subcontractors to whomVendor plans to award Work. Contracts between Vendor and Subcontractors shall require eachSubcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to Vendor bythe terms of the Contract Documents, and to assume all the obligations and responsibilities whichVendor, by the Contract Documents, assumes toward District.

ARTICLE 7 - CHANGES IN THE WORK

7.1 District may request changes in Work consisting of additions, deletions or modifications, whereby,the Contract Price, Contract Time shall be adjusted accordingly. Such changes in the Work shall beauthorized by written Change Order that shall be mutually agreed to and signed by District and Vendor.The parties shall negotiate in good faith and use their best efforts to execute any Change Order, and anyChange Order must be fully executed in writing by District and Vendor prior to any actual changes beingimplemented.

7.2 The cost or credit to District from a change in the Work shall be determined by mutual agreementand, in the absence of a mutual agreement being reached within a reasonable amount of time after therequest for such Change Order was made, the cost or credit to District shall be decided by the disputeresolution process as provided in the Contract Documents.

7.3 In the event of any suspension or delay due to the acts or omissions of District or District directivesto stop Work for any reason, through no fault of Vendor, the Contract Time for Substantial Completionshall be extended to reflect such period of interruption and the Contract Price shall be equitably adjustedto recover Vendor's costs of demobilization, delay and remobilization related to such suspension or delay.Vendor agrees it will cooperate with District and mitigate such costs to the extent and efforts commerciallyreasonable. If such suspension or delay continues for more than ninety (90) consecutive days, through noact or fault of Vendor, Vendor may terminate this Contract and recover from District payment for Workexecuted, including reasonable overhead and profit, costs incurred by reason of such termination anddamages.


ARTICLE 8-TIME

8.1 If Vendor is delayed at any time in progress of the Work by changes ordered in the Work, by labordisputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonablyanticipatable, unavoidable casualties or any other causes which are beyond the control of Vendor, thenthe parties hereto agree to execute a Change Order allowing for a mutually agreeable extension of timefor performance of Vendor's Work to cover such delay.

ARTICLE 9 - NOT USED

ARTICLE 10 - PROTECTION OF PERSONS AND PROPERTY

10.1 Vendor shall be responsible for initiating, maintaining, and supervising all safety precautions andprograms in connection with the performance of the Contract. Vendor shall take reasonable precautionsfor safety of, and shall provide reasonable protection to prevent damage, injury or loss to (1) employeeson the Work and other persons who may be affected thereby, (2) the Work and materials and equipmentto be incorporated therein, and (3) other property at the site or adjacent thereto.

10.2 Vendor shall give notices and comply with applicable laws, ordinances, rules, regulations andlawful orders of public authorities bearing on safety of persons and property and their protection fromdamage, injury or loss.

10.3 The scope of work or service to be performed by Vendor pursuant to this Contract, and thecompensation to be paid to Vendor hereunder for Work or services performed, expressly exclude anyWork or service of any nature associated or connected with the identification, abatement, cleanup, controlor removal of environmentally hazardous materials beyond what is specifically defined and identified inSchedule A of this Contract. "Hazardous Materials" to include, but not be limited to, asbestos and PCBsdiscovered in or on the premises. District agrees that all duties and obligations in connection with anyhazardous materials located in or on the premises, other than those defined in Schedule A, are strictly theresponsibility of District. District warrants and represents to the best of District's knowledge there are nohazardous materials in or on the premises which will affect, be affected by, come in contact with, orothen/vise impact upon or interfere with the Work to be performed by Vendor pursuant to this Contract.

10.4 Should Vendor become aware or suspect the presence of hazardous materials beyond those to beaddressed in Schedule A during performance of its Work under this Contract, Vendor will be authorized tocease Work in the affected area immediately, and will promptly notify District of the conditions discovered.Should Vendor stop Work because of the discovery or suspicion of hazardous materials, the time forperformance of Vendor's Work or service will be extended to cover the period required for abatement,cleanup, or removal of the hazardous materials. Vendor will not be held responsible for any claims,damages, costs, or expenses of any kind associated with the period during which Vendor has stoppedWork as a result of hazardous materials. If appropriate. Vendor will be entitled to an equitable adjustmentof the Contract Price for any increased costs or other charges incurred by Vendor in connection with theexistence of its rights under this paragraph.

10.5 District will be responsible for taking all necessary steps to correct, abate, clean up, or controlhazardous materials not addressed by Vendor in Schedule A in accordance with all applicable statutesand regulations. District specifically agrees, to the extent allowed by state law, to indemnify and to holdVendor, its officers, agents and employees harmless from and against any and all claims, demands,damages, or causes of action in any way arising out of the release of hazardous materials into the air,soil, or any water system or water course, or any actions taken in connection with same, or any failure toact.

ARTICLE 11 - INSURANCE AND BONDS


11.1 Vendor shall maintain adequate levels and types of insurance coverage appropriate to its businessand profession and as may be required by applicable law and the Contract Documents. Such insuranceshall be in companies authorized to do business in the jurisdiction in which the Project is located with anA.M. Best's rating of at least A- VII and as a minimum shall include Workers' Compensation andEmployer's Liability at statutory iimits, Automobile Liability covering all owned, hired and other non-ownedvehicles and Commercial General Liability covering public liability, property damage and completedoperations with limits not less than $2,000,000 per occurrence. Certificates of such insurance shall beprovided to District prior to commencement of the Work.

11.2 If required in the Contract Documents, and upon District's request and expense. Vendor shallprovide payment and performance bonds for 100% of the Contract Price to secure the faithfulperformance of the Work, compliance with the terms of this Contract and to insure Vendor's paymentobligations to its Subcontractors and suppliers related to the Work. Notwithstanding any provision to thecontrary herein, any payment and performance bonds associated with this Contract guarantee only theperformance of the installation portion of the Contract, and shall not be construed to guarantee theperformance of: (1) any efficiency or energy savings guarantees, (2) any support or maintenance serviceagreement, or (3) any other guarantees or warranties with terms beyond one (1) year in duration from thecompletion of the installation portion of the Contract.

ARTICLE 12 - TERMINATION OF THE CONTRACT

12.1 If District fails to make payments to Vendor as required in this Contract, through no fault of Vendor,Vendor may, upon seven (7) days written notice to District, terminate the Contract and recover fromDistrict payment for all Work executed and for proven loss with respect to materials, equipment, tools, andmachinery, including reasonable overhead, profit and damages applicable to the Project.

12.2 If District (1) fails or neglects to maintain District responsibilities as set forth in Schedule E, or (2)fails to fulfill any of its other obligations or responsibilities under the Contract Documents, Vendor may,after delivery of written notice and providing District seven (7) days to cure, terminate the Contract,including, but not limited to the termination of any obligation of Vendor to provide the PerformanceGuarantee.

12.3 If Vendor breaches a material provision of this Contract, District has provided written notice toVendor detailing the alleged breach, and within thirty (30) days of receipt of the written notice the allegedbreach is either not cured or Vendor has not diligently commenced to cure such breach. District maymake good such deficiencies and may deduct the cost thereof from the payment then or thereafter dueVendor.

12.4 Termination of any of the Contract Documents shall release Vendor of all remaining obligationsunder all of the Contract Documents as of the effective date of such termination.

12.5 Any remedies provided for in this Article 12, shall not be exclusive of any additional remediesavailable to a party pursuant to this Contract, in equity or in the law.

ARTICLE 13 - OTHER GGNDITIONS OR PROVISIONS

13.1 If any provision of this Contract is determined to be invalid, illegal, or unenforceable as written,such provision shall be construed consistent with and to the fullest extent permitted under the law, andany such determination shall not affect or impair the validity, legality and enforceability of the remainingprovisions.

13.2 Nothing herein shall be deemed to establish a relationship of principal and agent between Vendorand District, or any of their respective agents or employees, and this Contract and the ContractDocuments may not be construed as creating any form of legal association or arrangement that wouldimpose liability upon one party for the act or failure to act of the other party.


13.3 This Contract shall be governed by the laws of the state where the Project is located.

13.4 As between District and Vendor, any applicable statute of limitation shall commence to run and anyalleged cause of action shall be deemed to have accrued (1) not later than the date of SubstantialCompletion for acts or failures to act occurring prior to the relevant date of Substantial Completion, or (2)not later than the date of the relevant act or failure to act by either party for acts or failures to actoccurring after the date of Substantial Completion.

13.5 Vendor shall prepare and provide and District agrees to participate in press release{s) andbusiness case studies limited to the business relationship with Vendor and District's use of Vendor'sservices. District agrees to grant Vendor the right to use District's trademarks, for the term containedherein, in connection with press releases, case studies or website marketing, advertisement, promotion,sale, and distribution of Vendor's services. Prior written notice of use shall be provided to District byVendor and District's written approval is necessary for any press releases or case studies.

13.6 This Contract sets forth the entire understanding between the parties and supersedes all prior oralor written understandings relating to the subject matter herein. This Contract may not be altered ormodified except by a written instrument signed by a duly authorized representative of each party.

SCHEDULE A

SCOPE OF WORK

District hereby acknowledges and agrees that the scope of work shall be limited to, and Vendor shall onlyperform, the following:

Vendor shall design, apply for permit, procure, construct, start-up and commission public utilityinterconnected solar photovoltaic (PV) and battery storage systems as defined below.

Project Site Address Scope

Aviara Oaks ES/MS 6880 Ambrosia Ln, Carlsbad, CA92011

259.7KW of Carport PV

Buena Vista ES 1330 Buena Vista Way, Carlsbad,CA 92008

66.6KW Carport PV

Calavera Hills ES/MS 7101, 4104 Tamarack Ave,Carlsbad, CA 92010

297.5KW Carport PV30KW/60KWh Battery Storage

Carlsbad MS 3557 Monroe St, Carlsbad, CA92008

133.2 KW Carport Solar

Sage Creek MS 3900 Cannon Rd, Carlsbad, CA92010

335.3 KW Carport Solar30KW/60KWh Battery Storage

Valley MS 1645 Magnolia Ave, Carlsbad, CA92008

99.9 KW Carport Solar

KICK-OFF MEETING

A kick-off meeting will be conducted so all key stakeholders within District and Vendor can establish aschedule for both near-term and long-term activities. This schedule will include the geo-tec and surveywork to be done as a critical path item to completing the detailed design, estimated completion of theDSA approved plans, procurement of materials, and a construction schedule.

Site Examination:

A detailed survey must be performed. This at a minimum shall include:1. Physical characteristics2. Legal limitations and utility locations for each site

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3. Written legal descriptions of project sites4. Grades and lines of streets, alleys, pavements, and adjourning property structures.5. Adjacent drainage6. Rights of way, easements, encroachments, zoning, deed restrictions, mechanical and other

services, both public and private, above and below grade, including inverts and depths.7. DSA numbers for all buildings, necessary to obtain DSA approval of plans to be submitted by

Vendor.

8. All/any underground impediments in the area of parking structure columns and trenching.

Task 1: Detailed Design and DSA Approved Plans

The Vendor will lead a design effort that will result in the DSA approved plans for the installation ofcarport PV (solar) arrays on six campuses and the installation of battery storage systems on 2 campuses.The 3 existing battery storage systems installed during Phase 4 of Prop 39 will be integrated into theoverall system. Summary of installed equipment will be:

System components will include:

Site

Solar Module

Quantity (Hyundai

HiA-S370HI)

Optimizer Quantity

(SolarEdge PESO)

Inverter Quantity

(SolarEdge

SE14.4KUS)

Inverter Quantity

(SolarEdge

SE2GKUS)

Inverter Quantity

(SolarEdge

SE30KUS)

Inverter Quantity

(SolarEdge

SE33.3KUS)

Battery

Quantity

(Princeton

PEMS30)

Aviara Oaks ES/MS 702 351 0 0 6 2 0

Buena Vista ES 180 90 4 0 0 0 0

Calavera Hills ES/MS 804 402 0 0 2 6 1

Sage Greek HS 906 453 0 4 8 0 1

Carlsbad HS 360 180 8 0 0 0 0

Valley MS 270 135 0 0 3 0 0

Total 3222 1611 43 2

Design Basis:The module basis of design is the Hyundai 370W photovoitaic solar module.The inverter basis of design is SolarEdge.Battery basis of design in Princeton Power Systems.The Carport structures are based on DSA pre-check designs (PC) from MBarC.The controlling and monitoring software is based on GELI (Growing Enegry Labs, Inc) productsthat are currently installed under Phase 4 of Prop 39.The storage devices shaii be installed in areas immediately adjacent to main switchboard(MSB).

A list of deliverables from this Task Is included below:

Task 1

Bi-monthly meetings (or calls) to provide progress updates throughout detaileddesign

DeliverablesElectrical design of solar and battery systems, including trenching and tie-ins

Mechanical design for carports, including structural design and DSA approveddrawings

Construction schedule

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Task 2: Construction Implementation

Aviara Oaks ES/MS

Remove 10 existing light pole to concrete base. Retain electrical circuit for future use.Construct 5 carport structures and install 702 PV modules as shown in aerial view of project sitebelow.

Connect 702 photovoltaic modules together as shown in attach single-line diagram.Install eight inverters.Provide one new 150A/3P breaker and one new 175A/3P breaker in existing MSB.

Provide two new interconnect panels: one 175A MCB NEMA3R panel with two 50A/3P breakersand two 45A/3P breakers and one 150A MCB NEMA3R panel with four45A/3P breakers andmount both panels to carports.

Trench 280 feet through existing parking lot and 65' through greenfield.Connect new inverters to interconnect panels using 4-#6,#1 OG in 1 "C. Assume 1,000 total linearfeet.

Connect new panels to new breakers in existing MSB using 4-#1/0,#6G in 2"C and 4-#2/0,#6G in2" C. Assume 126 total linear feet of each set.

Install electrical sub-meters.

Connect to existing Geli controller and configure for interconnect.

Aviara Oaks ES/MS

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Buena Vista ES

Construct one carport structure and install 180 PV panels as shown in aerial view of project sitebelow.

Connect 180 photovoltaic modules together as shown in attached single-line diagram.Install four inverters furnished.

Provide new 200A/3P breaker in existing MSB.Provide new interconnect panel: 200A MCB NEMA3R panel with four 50A/3P breakers andmount panel to carport.Trench 140 feet through existing parking lot and sidewalk.Connect new inverters to interconnect panel using 4-#6,#10G in T'C. Assume 200 total linearfeet.

Connect new panel to new breaker in existing MSB using 4-#3/0,#6G in 2"C. Assume 140 linearfeet.


install Geli controller {PV monitoring only) and configure for interconnect.

N/^sta ES

Exietrg MSB IT

Pnosp«CliV*

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Calavera Hills ES/MS

Remove three existing light pole to concrete base. Retain electrical circuit for future use.Construct 5 carport structures and install 804 PV panels as shown in aerial view of project sitebelow.

Connect 804 photovoltaic modules together as shown in attached single-line diagram.Install eight inverters.Provide new 400A/3P breaker in existing MSB.Provide new interconnect panel; 400A MCB NEMA3R panel with eight 50A/3P breakers andmount panel to carport.Trench 160 feet through existing parking lot.Connect new inverters to interconnect panel using 4-#6,#10G in 1"C.Connect new panel to new breaker in existing MSB using two sets of 4-#3/0,#3G in 2"C.Provide new 50A/3P breaker in existing MSB.Pour new outdoor concrete housekeeping pad and install new 30kW storage battery system onnew equipment pad.

Provide new 60A NF disconnect. Connect new disconnect to new breaker in MSB using 4-#6,#10Gin r C.


Install Geli controller and configure for interconnect.

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Sage Creek HS

Remove 11 existing light pole to concrete base. Retain electrical circuit for future use.Construct 7 carport structures and install 906 PV panels as shown in aerial view of project sitebelow.

Connect 906 photovoltaic modules together as shown in attached single-line diagram.Install 12 inverters.

Provide new 500A/3P breaker in existing MSB.Provide new interconnect panel: 600A, 42 circuit with 500A MCB NEMA3R panel with eight45A/3P breakers and four 30A/3P breakers and mount panel to carport.Trench 450 feet through existing parking lot and side walk and 210 linear feet through greenfield.Connect eight new inverters to interconnect panel using 4-#6,#10G in T'C.Connect four new inverters to interconnect panel using 4-#10,#1 OG in 1 "C.Connect new panel to new breaker in existing MSB using two sets of 2 sets of 4-250KCMIL,#2G-2 1/2"C.

Provide new 50A/3P breaker in existing MSB.Pour new indoor concrete housekeeping pad and install new 30kW storage battery system onnew equipment pad.Provide new 60A NF disconnect. Connect new disconnect to new breaker in MSB using 4-#6,#10G in 1" 0. Assume 20 total linear feet.


Install Geli controller and configure for interconnect.

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Carlsbad HS

Construct 2 carports and install 360 PV panels as shown in aerial view of project site below.Connect 360 photovoltaic modules together as shown In attached single-line diagram.Install eight inverters.

Provide new 400A/3P breaker in existing switchboard.Provide new interconnect panel: 400A MCB NEMA3R panel with eight 50A/3P breakers andmount panel to carport.Trench 75 linear feet through existing parking lot and 150 linear feet through greenfield.Connect new inverters to interconnect panel using 4-#6,#10G in T'C.Connect new panel to new breaker in existing MSB using two sets of 4-#3/0,#3G in 2"C.Install electrical sub-meters

Connect to existing Geii controller and configure for interconnect.

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Valley MS

Construct 2 carports structures and install 270 PV panels as shown in aerial view of project sitebelow.

Connect 270 photovoltaic modules together as shown in attached single-line diagram.Install three inverters.

Provide new 150A/3P breaker in existing MSB.Provide new interconnect panel: 150A MCB NEMA3R panel with three 50A/3P breakers andmount panel to carport.Trench 120 linear feet through existing parking lot and 180 linear feet through greenfield.Connect new inverters to interconnect panel using 4-#6,#10G in T'C.

Connect new panel to new breaker in existing MSB using 4-#1/0,#6G in 2"C.Install electrical sub-meters.

Connect to existing Geli controller and configure for interconnect.

Valley MS

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ESS

Rev5.2018


Task 2

Deliverables

The tum-key construction of this scope of work per approved plans

Inter-connection and start-up services

Commissioned battery control software for controlled battery systems andmonitoring PV systems

Clarifications and Exclusions:

1. 27' maximum column spacing assumed.2. 5 degree tilt for carports3. High Strength Steel (HSS) columns and beams with light gauge purlins and blocking.4. Structures include marine grade paint.5. Final electrical design is pending Vendor provided detailed survey that verifies no under-ground

obstructions. Modifications to the electrical design due to unknown under-ground obstructions areexcluded.

6. Replacement of existing main switchboard (MSB) or any modifications to bring the electric meterroom up to the current code or utility provider standards are excluded.

7. It is assumed the existing electrical equipment is sufficiently sized to handle the new PV load.8. All conduits shall be surface mount and shall be EMT with insulated compression fittings.9. All equipment will be NEMA 3R for exterior and NEMA1 for interior.10. Removal or relocation of any underground utilities are excluded.11. Utility shutdown fees are excluded.12. Temporary power is excluded.13. Each PV system is designed to connect to a single meter.14. District understands that Interconnection facilities work may need to be performed by the local utility

for the Vendor to fully implement this project. Any interconnection work will be a separate contractbetween the District and the Utility.

15. No soils report provided. Project is estimated with average drilling conditions 2000 psi verticalbearing, 300psf/ft lateral bearing and no caving. Soils report must be complete by the District toverify conditions. Caving, rock drilling, refusal, obstruction, and water mitigation in excess of averagedrilling conditions are excluded.

16. Ground contamination and/or hazardous materials handling and/or removal is excluded.17. Any historic significance report is excluded.18. Re-zoning or easement adjustments are excluded.19. BIM and 3D modeling are excluded.20. Existing DSA open A numbers are excluded.21. Erosion control is excluded.

22. Lighting protection, fire sprinkler, fire alarm, OCTV, surveillance, or security systems are excluded.23. Street crossing and/or traffic control plans are excluded.24. Parking lot re-paving or restriping is excluded. This may be required per ADA compliance, including

parking lot re-design to meet requirements.25. Assumes a single mobilization for all sites.26. Night/holiday work unless otherwise specified in the Scope of Work is excluded.27. Additional labor cost due to restriction of allowable work hours is excluded.28. Costs incurred due to lack of access to required areas or due to access to storage areas to which

materials are to be delivered are excluded.

29. Costs of providing access, access control, or security escorts not specified in the Scope of Work areexcluded.


If there are any variations to the Scope of Work resulting from conditions not determinable from theVisually verified information, the Vendor shall submit to the District a proposal for change in accordancewith Article 7 above.

SINGLE LINE DIAGRAMS

ATTACHED BELOW
