Document elcerrito_gov_doc_fa9f7f693c

City of El Cerrito Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement Page 1 of 43 CITY OF EL CERRITO PRE-QUALIFICATION QUESTIONNAIRE AND REQUEST FOR PROPOSALS FOR PROSPECTIVE DESIGN/BUILD ENTITIES Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement City of El Cerrito City of Albany City of Piedmont City of San Pablo December 15, 2011 ---PAGE BREAK--- City of El Cerrito Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement Page 2 of 43 PRE-QUALIFICATION QUESTIONNAIRE AND REQUEST FOR PROPOSALS FOR PROSPECTIVE DESIGN/BUILD ENTITIES Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement CONTENTS I. Notice to Design/ Build Entities A. Project Scope. . . . . . . 3 B. Process and Information . . . . . 4 II. Pre-Qualification Questionnaire ( Due Jan 10, 2012) 7 A. Part A: Mandatory Requirements . . . . 7 1. Declaration . . . . . . 7 2. Design/ Build Team . . . . . 8 3. Licensure . . . . . . . 9 4. Prevailing Wage Compliance . . . . 11 5. Financial Information . . . . . 12 6. Insurance . . . . . . 16 7. Exhibits . . . . . . . 17 B. Part B: Relevant Experience . . . . . 27 1. Relevant Experience of Design/Build Entity . . 27 2. Relevant Experience and Training . . . . 28 3. Safety Record . . . . . . 29 4. Termination/ Failure to Complete . . . . 30 III. Request for Proposals from Pre-Qualified Firms (Due Feb 21, 2012) 35 A. Project Scope . . . . . . 36 B. Process, Notices . . . . . . 37 C. Proposal Submittals . . . . . . 39 D. Attachments 1. Attachment A - Site Inventory and Historical Electrical Usage 2. Attachment B – Large Bundle: Individual Site Assessments 3. Attachment C – Medium Bundle: Individual Site Assessments 4. Attachment D – Small Bundle: Individual Site Assessments 5. Attachment E – PV System Design Criteria 6. Attachment F1, F2, F3 – Direct Purchase Cost Proposal Form, By Bundle ---PAGE BREAK--- City of El Cerrito Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement Page 3 of 43 PRE-QUALIFICATION QUESTIONNAIRE AND REQUEST FOR PROPOSALS FOR PROSPECTIVE DESIGN/BUILD ENTITIES Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement Notice to Design/Build Entities A. PROJECT SCOPE The Small Cities Climate Action Partnership (ScCAP) is a coalition of cities in Contra Costa and Alameda Counties that formed to pursue strategies for cost-effectively reducing greenhouse gas emissions from municipal operations. The four participating cities are Albany, El Cerrito, Piedmont and San Pablo. ScCAP cities understand that photovoltaic (PV) installations can reduce their reliance on utility-generated electricity and reduce their carbon footprints, while providing environmental leadership for their citizens and other neighboring jurisdictions. The ScCAP, with the City of El Cerrito (hereinafter “the City”) acting as the lead agency, is requesting proposals from Design/Build Entities (“DBEs” or “Contractor”) for the design, procurement of materials, installation, and all associated documentation, including warranties and process completion of Solar PV Systems to be located at twenty-five municipal facilities located within the boundaries of the four partner cities (hereinafter, “Project”). RFP that is Individual site system sizes range from 3 kW-DC to 200 kW-DC, totaling 1,070 kW-DC. The twenty-five sites are divided into three separate bundles: Large Systems (>100 kW-DC), Medium Systems (10-100 kW-DC), and Small Systems (<10 kW-DC). DBE’s may submit proposals for one, two, or all three bundles, but all sites within each individual bundle must be included in the proposal. For each proposed bundle, the SCCAP requires two types of pricing proposals: 1) Contractor Design/Build, with City ownership of PV systems (direct purchase); and 2) Financed Installation, via Solar Lease or Power Purchase Agreement, that would result in minimal to no cash outlay from partner cities. For each financing mechanism, proposals must include the construction of PV systems at all designated sites in the applicable bundle, though each City maintains the right to remove or replace some or all sites from consideration. In addition, the City of Berkeley (not a member of ScCAP) has included one site in the Medium Bundle that is optional for vendors to include in their proposals, per information included in the “Berkeley West Branch Library”Site Assessment. The Pre-Qualification Application and the Request for Proposals (RFP) documents including addenda will be posted to the City website, http://www.el-cerrito.org/Bids.aspx. Documents will also be posted at Plan ---PAGE BREAK--- City of El Cerrito Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement Page 4 of 43 Rooms throughout the San Francisco Bay Area. To request information or be notified of any addenda, please contact Maria Sanders of the City of El Cerrito via e-mail only at [EMAIL REDACTED]. Please include in your request Company Name, Contact Person, Mailing Address, valid e-mail address, and telephone number. B. PROCESS AND INFORMATION Enabling Legislation: Per Section 20175.2 of Public Contract Code, cities have the statutory authority to deliver projects using an alternative method of bidding and building construction projects in excess of $1 million. This alternative method is commonly referred to as ‘Design/Build.’ This pre-qualification questionnaire is the first step in the selection process outlined in Section 20175.2. Any DBE who wishes to submit a proposal for the above-reference Project must fully complete and timely submit its response to the Prequalification Questionnaire, and all required documentation. No proposal will be accepted from a DBE that has not prequalified for the Project. Following is the Design/Build timetable, which is subject to change:  12/14/2011: Pre-qualification Questionnaire and Request For Proposals issued  1/10/2012: Pre-qualification Questionnaire due, no later than 2 PM  1/24/2012: Select and notify pre-qualified firms  2/21/2012: Proposals due, no later than 2 PM  3/6/2012: Select and notify winning firms  March-May 2012: Develop Design Documents and Submit for Permit Review Additional enabling authority is found in Government Code Section 4217.10, et. Seq, and specifically, Section 4217.16, which authorizes public agencies to solicit proposals from qualified persons and to award a contract on the basis of the experience of the Contractor, the type of technology employed by the Contractor, the cost to the local agency, and any other relevant considerations. While price is a factor, the DBE will be selected based on factors that provide the City with the “best value” and not solely on the basis of a low competitive bid. Qualifications Submittal Process: The City of El Cerrito will receive, no later than 2:00 PM, January 10, 2012, a sealed envelope with six paper copies and one electronic CD/DVD copy of the completed Pre-Qualification Questionnaire to the City of El Cerrito, Environmental Services Division, 10890 San Pablo Avenue, El Cerrito, CA 94530. Only Design/Build Entities with a California B, C10 and/or C46 Contractors license and who have been approved through this pre-qualification process will be eligible to compete for the Project. All Pre-Qualification Questionnaires shall be made on the attached form furnished by the City. Each applicant must conform with and be responsive to the standard Pre-Qualification Questionnaire provided by the City. All members of the Design-Build Entity’s team must be determined to be pre-qualified. Any Team member determined not to be pre-qualified will result in a determination of “Not Pre-qualified” for the Design-Build Entity. Any deviation from the standard application form or failure to provide the required information may be considered non-responsive and grounds for rejection of the application. The City reserves the right to reject any or all pre-qualification applications and to waive any irregularities in any responses received in its sole discretion. Pre-qualification Questionnaires for past projects with the City of El Cerrito or for other public agencies are not applicable. A new Pre-qualification Questionnaire is required to be considered for this advertised Project. ---PAGE BREAK--- City of El Cerrito Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement Page 5 of 43 Requests for Information: Applicants may submit requests for information regarding the Pre-Qualification Questionnaire, only via e-mail to [EMAIL REDACTED], up to 5:00 PM on Wednesday, January 4, 2012. All Requests for Information (ROI) and responses will be issued via written addenda. All addenda will be posted to the City’s website and posted to Plan Rooms throughout the San Francisco Bay Area. All parties interested in getting email notification of new postings to the website, should email contact information to [EMAIL REDACTED]. El Cerrito City Hall will be closed from December 26,2011 through January 3, 2012. Any ROI received after Wednesday December 21, 2011 will not be answered until after January 4, 2012. Requirements for Pre-Qualification: The City’s evaluation is solely for the purpose of determining which Contractors are deemed responsible and qualified. Pre-qualification of applicants will be reviewed and determined by the City based upon the submitted Pre-Qualification Questionnaire, and any other information available to the City. The City may request a Contractor to submit additional information pertinent to the Questionnaire. The City also reserves the right to investigate and rely upon information from other available sources in addition to any documents or information submitted by the Applicant. The City retains the sole discretion to determine issues of compliance and to determine whether a bidder is responsive and responsible. The City will determine a Contractor’s quality, fitness and capacity to perform projects satisfactorily. The City’s decision on pre-qualification will be based on the evaluation of several factors including but not limited to the following:  Demonstrated Experience on comparable projects  Experience of Key Personnel  Project References  Licensing and Registration requirements  Claims, Litigation and Arbitration History  Disqualification from Previous Projects  Compliance with Statutory Requirements and Safety Record  Insurance Requirements  Bonding Requirements  Financial Information Pre-qualification will be based on meeting the Mandatory Requirements set forth in Part A, and a point accumulation process for Part B, Relevant Experience. Points will be assigned to each Design- Build Entity seeking to pre-qualify. The firms that accumulate the most points through the pre-qualification process will be issued a formal Request for Proposal. Design Consultants: Information regarding each member of the DBEs is required to be submitted in Part A, Mandatory Requirements. Award: The contract for this design-build energy services Project will be awarded to the pre-qualified Design/Build Entities submitting a responsive bid for that project that provides for the “best value” to the City as defined in Section 20175.2 of Public Contract Code and Government Code Section 4217.16. Contract Requirements: Design/Build Entities are advised that this specific project is subject to and must fully comply with all of the requirements of the Request for Proposal documents including, but not limited to, the provision of a Payment Bond and a Performance Bond. The bonds shall be in the form of surety bonds ---PAGE BREAK--- City of El Cerrito Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement Page 6 of 43 issued by a corporation licensed in the State of California and satisfactory to both the City and its agents. Sureties must be California State registered Class Securities. In accordance with provisions of Public Contract Code Section 22300, substitution of eligible and equivalent securities for any monies withheld to ensure performance under this contract will be permitted at the request and expense of the Contractor. Prevailing Wage Requirements and Other Requirements: DBEs are notified and informed that they will be subject to and must comply with all of the requirements under the California Labor Code to pay the general prevailing rate of per diem wages and for holiday and overtime work to all workers employed by the DBE. Copies of prevailing rates of per diem wages are available from the Department of Industrial Relations, State of California, DBE and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. DBE’s Failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract. Confidentiality: The information contained in these questionnaires and the financial statements provided to the City of El Cerrito are not public records and shall not be open to public inspection; however, records of the names of Contractors applying for prequalification status shall be public records subject to disclosure. The City will maintain the confidentiality of these records to the extent permitted by law. In the event a third party requests these confidential records, the City will notify the affected Contractor, and it shall be the Contractor’s responsibility to defend the City in any action to compel disclosure of the Contractor’s confidential information. ---PAGE BREAK--- City of El Cerrito Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement Page 7 of 43 Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement PART A PRE-QUALIFICATION QUESTIONAIRE MANDATORY REQUIREMENTS 1. DECLARATION IMPORTANT – READ AND COMPLETE ALL MANDATORY REQUIREMENTS BEFORE SIGNING. Design/Build Entity must sign declaration below, in addition to specific declarations as required, that the information provided in PART A – MANDATORY REQUIREMENTS is true and correct. I, authorized agent of the Design/Build Entity, (Design/Build Entity), hereby declare, under penalty of perjury under the laws of the State of California, that the information provided in PART A -MANDATORY REQUIREMENTS is true and correct. Signed: Dated: ---PAGE BREAK--- City of El Cerrito Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement Page 8 of 43 2. DESIGN / BUILD TEAM Name of Design/Build Entity (DBE): Identify all firms, including lead DBE and any other firms, and their role developer, system design, etc) in the development of the Project: Firm/Address Primary Contact D/B Entity Role [ATTACH ADDITIONAL SHEETS AS REQUIRED] ---PAGE BREAK--- City of El Cerrito Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement Page 9 of 43 3. LICENSURE A. All Design/Build Entities must be a B, C10 and/or C46 General or Electrical Contractor actively licensed in the State of California. Provide the following information. Contractor’s State of California Contractors License Number, name under which license is held, and expiration date: License No. Exp. Date: 1. Has this license ever been revoked? Yes No If so, please explain each incident below or on a separate attachment: 2. Has a complaint ever been filed with the Contractor’s State License Board against your company that required a formal hearing or inquiry? Yes No If so, please explain each incident below or on a separate attachment: 3. Has the Contractor ever been debarred by any public agency in the State of California? If so, please explain each incident below or on a separate attachment: 4. Has the Contractor ever been sued by a public agency for violation of the Federal or California False Claims Act in the State of California, regardless of disposition of the action? If so, please explain each incident below or on a separate attachment: [ATTACH ADDITIONAL SHEETS AS REQUIRED] ---PAGE BREAK--- City of El Cerrito Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement Page 10 of 43 LICENSURE (continued) B. Other firms licensed in the State of California. Provide the following information for each: Discipline: License Number, name under which license is held, and expiration date: License No. Exp. Date: 1. Has this license ever been revoked? Yes No If so, please explain each incident below or on a separate attachment: 2. Has a complaint ever been filed with the Contractors State License Board or the Board of Professional Engineers against your company that required a formal hearing or inquiry? Yes No If so, please explain each incident below or on a separate attachment: 3. Has the Contractor ever been debarred by any public agency in the State of California? If so, please explain each incident below or on a separate attachment: 4. Has the Contractor ever been sued by a public agency for violation of the Federal or California False Claims Act in the State of California, regardless of disposition of the action? If so, please explain each incident below or on a separate attachment: [ATTACH ADDITIONAL SHEETS AS REQUIRED] ---PAGE BREAK--- City of El Cerrito Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement Page 11 of 43 4. PREVAILING WAGE COMPLIANCE A. Has there been more than one occasion during the last five years in which your firm was required to pay either back wages or penalties for your own firm’s failure to comply with the state’s prevailing wage laws? NOTE: This question refers only to your own firm’s violation of prevailing wage laws, not to violations of the prevailing wage laws by a subcontractor. Yes No If ”yes,” describe below the nature of each violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid and the amount of back wages and penalties that you were required to pay. B. During the last five years, has there been more than one occasion in which your own firm has been penalized or required to pay back wages for failure to comply with the federal Davis-Bacon prevailing wage requirements? Yes No If “yes,” describe below the nature of the violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid, the amount of back wages you were required to pay along with the amount of any penalty paid. ---PAGE BREAK--- City of El Cerrito Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement Page 12 of 43 5. FINANCIAL INFORMATION A. Financial Statements and Supplementary Information Financial pre-qualification may be established by determining capacity to perform the City contract in the following manner: 1. Working capital is determined from the most recent balance sheet submitted, by subtracting current liabilities from current assets. 2. Available lines of credit or other credit facilities are then added to the Working Capital, and the sum is multiplied by ten. 3. Uncompleted work on contracts which have been awarded (backlog), are then subtracted from the amount determined from item #2 above. 4. A positive number resulting from item #3 above is the maximum City contract that may be awarded. Should you not qualify on the basis of the above calculation, the City will consider any alternative information you can provide that, in its sole judgment, indicates clearly your ability to meet the financial requirements of the anticipated City contract. This information must include the required data described below, and sufficient supplementary analysis and description as needed to clearly present your position. This information must be submitted with your pre-qualification package. It is your responsibility to make the above-described calculation and determine if additional information will be required to demonstrate your ability to perform this project. B. Information you must submit includes: 1. Full set of financial statements for your most recent three complete fiscal years, accompanied by either an audit or review report prepared by an independent Certified Public Accountant. Such statements must be prepared in accordance with generally accepted accounting principles, including all required informative disclosures. Financial statements are subject to verification. Audited statements are preferred. 2. Letter from a financial institution in support of available lines of credit or other facilities, if you wish them to be considered in pre-qualification. See Exhibit 1 (General Statement of Bank Credit) for example. 3. Schedule indicating contracts, which have been awarded to you, and reconciling the original award, any amendments, completed portion and uncompleted portion of such contracts. This is your backlog of work awarded but not yet complete. ---PAGE BREAK--- City of El Cerrito Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement Page 13 of 43 FINANCIAL INFORMATION (continued) C. Surety and Bonding Requirements 1. Attached a notarized statement from the bonding company your firm proposes to use indicating their commitment to provide a performance and payment bond for the full amount of the contract. 2. List the names of at least three bonding companies utilized by the firm in the last five years, for projects over $5 million. State the number of times the bonding company has completed any part of your work during the last five years: NAME OF BONDING COMPANY No. 1: Address: Contact Name: Telephone: FAX: Project Name: Amount Bonded: % Completed: Project Name: Amount Bonded: % Completed: Project Name: Amount Bonded: % Completed: Project Name: Amount Bonded: % Completed: Project Name: Amount Bonded: % Completed: ---PAGE BREAK--- City of El Cerrito Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement Page 14 of 43 FINANCIAL INFORMATION (continued) NAME OF BONDING COMPANY No. 2: Address: Contact Name: Telephone: FAX: Project Name: Amount Bonded: % Completed: Project Name: Amount Bonded: % Completed: Project Name: Amount Bonded: % Completed: Project Name: Amount Bonded: % Completed: Project Name: Amount Bonded: % Completed: ---PAGE BREAK--- City of El Cerrito Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement Page 15 of 43 FINANCIAL INFORMATION (continued) NAME OF BONDING COMPANY No. 3: Address: Contact Name: Telephone: FAX: Project Name: Amount Bonded: % Completed: Project Name: Amount Bonded: % Completed: Project Name: Amount Bonded: % Completed: Project Name: Amount Bonded: % Completed: Project Name: Amount Bonded: % Completed: ---PAGE BREAK--- City of El Cerrito Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement Page 16 of 43 6. INSURANCE Refer to “Exhibit 2” (Bonds, Insurance and Indemnity) attached to this Pre-qualification Questionnaire for insurance requirements for this project. Each policy of insurance carried by the Design/Build Entity for this project shall be issued by an insurance company licensed to do business in California with a rating classification of or better and a financial size category rating of or better according to the latest addition of “Bests.” Attach a notarized statement from the Workers’ Compensation carrier specifying contractor’s current Experience Modification Rating for Workers’ Compensation for the State of California. List referenced ratings and corresponding companies for the last three years in accordance with the requirements spelled out in “Exhibit Also, please attach a declaration that such limits as described in said exhibit is obtainable by the entity submitting this application. Name of Insurance Company: Address: Contact Name: Telephone: Fax: Rating: Name of Insurance Company: Address: Contact Name: Telephone: Fax: Rating: Name of Insurance Company: Address: Contact Name: Telephone: Fax: Rating: Name of Insurance Company: Address: Contact Name: Telephone: Fax: Rating: ---PAGE BREAK--- City of El Cerrito Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement Page 17 of 43 EXHIBIT 1 GENERAL STATEMENT OF BANK CREDIT (Date) Bank Reference # To Whom It May Concern: In connection with the pre-qualification of (Name of Design/Build Entity) Under Section 20100 et seq. of the Public Contract Code to perform contracts with the City, we hereby declare that said Design/Build Entity has been extended a line of credit in a total amount not exceeding $ and that such credit will not be withdrawn or reduced without notice to the El Cerrito City Department of Environmental Services. This letter is signed with the understanding that it is a document to be used by the City only for the purpose of determining the financial resources of said Design/Build Entity available for use in performing work under contracts, which may be awarded by the City during the term of its pre-qualification. This General Statement of Bank Credit supersedes and replaces any General Statement of Bank Credit from the same Bank, which may have been filed with the current Design/Build Entity’s Statement of Experience and Financial Condition and will EXPIRE with the Annual Contractor’s Statement of Experience and Financial Condition for which the line of credit was issued. (Name of Bank) (Address) By (Signature of Bank Representative) (Printed name and Title) (Phone) PLEASE NOTE: The above form is optional and may be used to augment your Working Capital or help your firm establish a rating when completed by your bank; if they prefer, one with the same provisions may be issued on the bank’s own letterhead. ---PAGE BREAK--- City of El Cerrito Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement Page 18 of 43 EXHIBIT 2 BONDS, INSURANCE, AND INDEMNITY 1. Performance and Payment Bonds a. Design/Build Entity shall furnish to the City, prior to the awarding of any contract, a surety bond in favor of the City in the amount of not less than one hundred (100%) of the amount of Contract, to guarantee faithful performance of Contract and a payment bond, each in the form attached to the Design Build Agreement. Bond shall guarantee repair or replacement of deficient, defective or faulty materials and workmanship for a period of one year following completion of the project unless otherwise required in the Contract Documents. Bond shall be issued by an admitted surety with a rating classification of “A VIII” or better according to Best’s Rating Service. b. City acknowledges that any faithful performance and payments bonds provided by Design/Build Entity shall not apply to errors or omissions in the furnishing of professional services in connection with architecture or engineering services provided by Design/Build Entity or its consultants. City hereby waives and releases all claims against such sureties arising out of or relating to such professional errors and omissions; such release, however, does not apply to a failure to provide professional services where required under the Contract, and the performance bonds shall include the costs of such services. See Exhibit 3, Performance Bond, and Exhibit 4, Payment Bond. 2. Insurance Design/Build Entity shall not commence work under this Contract until all insurance has been obtained that is required under this section and such insurance has been verified by the City, nor shall Design/Build Entity allow any Subcontractor to commence work on its Contract until all similar insurance required of the Subcontractor has been so obtained and approved. Design/Build Entity shall furnish the City with three copies of each required certificate of insurance, as provided below. Design/Build Entity shall have the following insurance coverage: a. Workers’ Compensation Insurance and Employer’s Liability Insurance. Design/Build Entity shall maintain during the life of the Contract Workers’ Compensation Insurance and Employer’s Liability Insurance for all of its employees employed on the project as described herein. Said insurance shall comply with the following: i. Workers’ Compensation Insurance in compliance with the laws of the City and any applicable federal statutes. ii. Employers liability insurance of not less than one million dollars ($1,000,000) each accident and one million dollars ($1,000,000) each employee. In signing the Contract, Design/Build Entity shall make the following certification, required by Section 1861 of the Labor Law: ---PAGE BREAK--- City of El Cerrito Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement Page 19 of 43 “I am aware of the provisions of Section 3700 of the Labor Code 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 work of this contract.” b. Automobile and General Liability. Design/Build Entity shall have throughout the term of this contract policies of liability insurance covering automobile and general liability as follows: i. Owned/non-owned and hired automobile liability insurance with primary limits for bodily injury and property damage liability of not less that one million dollars ($1,000,000) per accident. Umbrella and/or excess liability limits of not less than two million ($2,000,000) per accident. ii. Commercial general liability and/or umbrella excess liability insurance providing coverage on an occurrence basis and with limits of not less than two million ($2,000,000) each occurrence and annual aggregate for bodily injury and property damage liability combined including: 1) Premises and operations liability coverage; 2) Owner’s and contractor’s protective liability coverage; 3) Broad form property damage liability coverage including completed operations; 4) Blanket contractual liability coverage; 5) Deletion of any limitations relating to liability arising out of explosion, collapse or underground hazards; 6) Personal and advertising injury liability coverage; 7) For excavation and foundations, deletion of any limitation on coverage for bodily injury or property damage arising out of subsidence of soil or earth movement; and 8) For demolition and/or hazardous materials removal, deletion of any limitation regarding asbestos and/or lead risk exposure. 9) An endorsement specifying that policy aggregate limits apply separately to the project covered by this contract; 10) Unintentional Errors & Omissions 11) Products and Completed Operations including 3 year extension endorsement 12) Occurrence Definition to include ”Assault and battery committed by, at the direction of or on behalf of any insured for the purpose of protecting the person or property of any insured or of others shall be deemed to be an occurrence.” 13) Extended Personal Injury definition to include alienation of affections, discrimination, or humiliation. 14) Bodily Injury Definition to include mental anguish, shock, mental injury, humiliation, sickness, or disease sustained by a person, including death resulting from any of these at any time. ---PAGE BREAK--- City of El Cerrito Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement Page 20 of 43 15) Exclusion Property Damage to the Insured’s Work to read: “Property damage” to that particular part of “your work” that is defective or actively malfunctions. This exclusion applies only to the “products completed operation” hazard. It does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. 16) Contractual Liability – Municipal Work: The phrase “any other contract or agreement pertaining to your business,” as included in the definition of an insured contract, includes an indemnification of a municipality required by ordinance and in connection with work performed for the municipality. c. Professional Liability Insurance. Upon execution of this contract, Design/Build Entity shall obtain professional liability insurance with limits of at least one million dollars ($1,000,000) per claim and aggregate which shall cover claims resulting from professional errors and omissions of Design/Build Entity and any of its consultants in connection with the work provided such claims arise during the period commencing upon the preparation of the construction documents and ending five years following substantial completion. Such insurance shall be in form reasonably acceptable to the City. d. Builders’ Risk Insurance/Installation Floater. Design/Build Entity shall have until contract completion “all risk” builders’ risk property insurance, jointly in the names of the City and the Design/Build Entity, payable as their respective interest may appear, such insurance all times to be of sufficient amount to cover fully all loss or damage to the work under this Contract, at 100% replacement cost. Such insurance shall be in a form acceptable to the City and shall include coverage for machinery during testing. e. Subcontractor Insurance. Design/Build Entity shall cause all subcontractors engaged to perform work required of Design/Build Entity pursuant to this Contract to have Workers’ Compensation, Commercial General Liability/Umbrella and/or Excess Liability, and Automobile Insurance in a form and amount deemed appropriate by the Design/Build Entity for work performed under this Contract. f. General Requirements: i. All of the above insurance policies required of the Design/Build Entity shall be underwritten with admitted insurance companies, rated “A–V” or better by Best’s Rating service or otherwise approved by Department of Environmental Services and the City’s Risk Manager. ii. Any insurance required to be carried by Design/Build Entity shall be primary to any other insurance carried by the City. iii. Prior to commencing any of the work, Design/Build Entity shall provide the City with satisfactory certificates of insurance verifying the extent of coverage, limits of liability, and all requirements as set forth above. iv. The certificates of insurance shall name the City, its officers, agents, employees and servants and such other entities as the City may designate as certificate holders and/or additional insured, on the commercial general liability and any excess liability policies. ---PAGE BREAK--- City of El Cerrito Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement Page 21 of 43 v. The certificates of insurance shall provide that the insurer or its agent shall give thirty (30) days prior written notice to the City prior to any cancellation, nonrenewal, or reduction in coverage. vi. All certificates of insurance shall be on an original form (not photocopy). vii. Upon request by the City, Design/Build Entity shall also provide the City with copies of only such policies, including those policies required from Subcontractors of any tier. viii. The contractor is responsible for any deductible or self-insured retention contained within the insurance policies outlined above. 3. Indemnification a. Design/Build Entity will indemnify and defend the City and their respective officers, employees, consultants and agents against all loss, expense (including, but not limited to, attorneys’ fees and our costs), damage, injury, liability, cause of action or claim of any kind or character (collectively “claims” and individually a “claim”), provided that such claim or claims is/are attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself for claims not covered by insurance which Design/Build Entity is required to maintain under the contract documents) including loss of use resulting there from except loss of use attributable to a claim otherwise insured under the all risk insurance. Design/Build Entity is required to maintain under paragraph 2.d., above), in any way arising out of this Contract or the work, including but not limited to the acts or omissions of Design/Build Entity, its partners, officer, directors, employees, agents, licensees, invitees, consultants, vendors, or subcontractors of any tier (collectively the “Design/Build Entity parties”), including, but not limited to, any claim arising from or caused by: any defect in the bid documents, or the design or construction of, or materials used in the work or in any machine, equipment, appliance, or other item of personal property installed or located therein; (ii) any defect in the preparation of soils or in the design and accomplishment of grading; (iii) any violation or alleged violation by any of Design/Build Entity parties of any law existing as of the date of this contract or hereafter enacted; (iv) any negligent acts on omissions or other tortuous conduct of Design/Build Entity or any of Design/Build Entity parties; any accident on the job site or other casualty thereon; (vi) any other cause whatsoever in connection with Design/Build Entity’s use of, or activities on the job site of Design/Build Entity’s performance under this contract; or (vii) the inaccuracy of incorrectness of any representation or warranty of Design/Build Entity to City under this contract. These obligations shall apply to any claim or action asserted by a private party or by a governmental agency, including, but not limited to, any claim or action for multiple or punitive ---PAGE BREAK--- City of El Cerrito Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement Page 22 of 43 damages and these obligations are intended to apply with respect to claims arising during the term of this Contract or following any expiration or other termination of this Contract, and shall survive the expiration or other termination of this contract. Design/Build Entity’s obligations as described above shall apply regardless of fault or negligence (whether active or passive) on its part or on the part of the indemnified parties; it being the intent of this contract that these obligations be interpreted in the broadest possible manner provided that, as to any indemnified party, said obligations shall not apply to injury, death, or damage to property to the extent arising from the negligence or the willful misconduct of said indemnified party or its officers, agents servants, or independent contractors who are directly responsible to the indemnified party, or for defects of design furnished by such persons but provided further that the foregoing limitations shall not apply as to any insurance required by this Contract. These obligations of Design/Build Entity shall not be construed to negate, abridge, or otherwise reduce any right of indemnity or any other rights to which the City would otherwise be entitled. Notwithstanding the foregoing, the obligations of Design/Build Entity in this paragraph are intended to apply only to third party claims arising out of the Contract or the work, and not to property damage to the City, which damage is treated elsewhere in this Contract. b. Design/Build Entity will save, keep, and hold harmless the City and their respective officers, employees, and agents from all claims by reason of, or in the course of the performance of said work, by reason of any infringement or alleged infringement of the patent rights, copyrights, and trademarks of any person or persons, firm, or corporation in consequence of the use in, on or about said work, of any article or material supplied or installed under this Contract. c. Design/Build Entity shall cause all subcontracts to include the indemnification and hold harmless requirements set forth in this section, in form satisfactory to the City. ---PAGE BREAK--- City of El Cerrito Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement Page 23 of 43 EXHIBIT 3 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the “Principal”) as Principal and a corporation organized and existing under the laws of the State of (hereinafter called the “Surety”), as Surety, are held and firmly bound to CITY OF EL CERRITO (hereinafter called the “City”), as Obligee, in the sum of Million Dollars for the payment of which sum well and truly be made, the said Principal and Surety bind themselves, and their respective heirs, subcontractors, contractors, successors and assigns, jointly and severally, thereby by these presents. WHEREAS, the Design/Build Entity has entered into a Design Build Agreement (hereinafter called the “D/B Agreement”) with the City for the design and construction of the Recycling Center and Environmental Resource Center Project (hereinafter called the “Project”); and WHEREAS, the Principal has submitted a bid for the work on the Project. NOW THEREFORE, THE CONDITION OF THE OBLIGATION IS SUCH, that if the Principal shall well and truly perform all of the undertakings, covenants, terms, conditions and agreements of the Contract Documents within the time provided therein and any extensions thereof that may be granted by the Authority, as applicable, and during the life of any guaranty or warranty required under the Contract Documents and shall also well and truly perform all of the undertakings, covenants, terms conditions and agreements of any and all duly authorized modifications of the Contract Documents that may hereafter be made, and shall indemnify and save harmless the obligee of and from any and all loss, damage, and expense, including costs and attorney’s fees, from which the said Obligee may sustain by reason of failure to do so, then this obligation shall be null and void; otherwise it shall remain if full force and effect. The said Surety agrees that no change, extension of time, alterations, additions, omissions or other modifications of the terms of the Contract Documents or in the work to be performed with respect to the Project, or in the specifications of plans, or by any change or modification of any terms or payment or extension of any time for any payment pertaining or relating to the Contract Documents, or by rescission or attempted rescission of the Contract Documents, or this Bond, or by any condition precedent or subsequent in this Bond attempting to limit the right of recovery of obligee otherwise entitled to recover under this Bond, or by any fraud practiced by any person other than the obligee seeking to recover on this Bond, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such changes, extensions of time, alterations, additions, omissions or other modifications. The Surety agrees that to the extent that payment of sums pursuant to the Contract Documents undertaken by the Surety, and the payment obligation could be construed as an obligation under this Bond or the payment bond issued by the Surety contemporaneously with the issuance of the Bond, such payment shall ---PAGE BREAK--- City of El Cerrito Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement Page 24 of 43 be treated solely as the discharge of an obligation under the payment bond and shall not reduce or impact on the Surety’s obligations under this Bond. When this Bond has been furnished to comply with a statutory of other legal requirement in the location where the construction is to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals this day of the names and corporate seals of the corporate parties being hereto affixed and those presents duly signed by their undersigned representatives, pursuant to authority of their governing bodies. WITNESS: PRINCIPAL (DESIGN/BUILD ENTITY) By: or secretary attest Name: Title: Address: SURETY: By: or secretary attest Name: Title: Address: ---PAGE BREAK--- City of El Cerrito Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement Page 25 of 43 EXHIBIT 4 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, the CITY OF EL CERRITO (herein after called the “City”) has awarded a Design Build Agreement (hereinafter called the “D/B Agreement”) to the Design/Build Entity (hereinafter called the “Design/Build Entity”) for the design and construction of the Recycling Center and Environmental Resource Center Project (hereinafter called the “Project”); and WHEREAS, the Design/Build Entity is required to furnish a payment bond in connection the Contract Documents, to secure the payment of claims of Design/Build Entity laborers, mechanics, materialmen and other persons as provided by law. NOW THEREFORE, we the undersigned Principal (Design/Build Entity) and Surety are held and firmly bound unto the Authority obligee in the sum of Million Dollars for which payment well and truly to be made we bind ourselves our heirs, executors and administrators, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, or its heirs, executors, administrators, successors or assigns or subcontractors, shall fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld and paid over the California Franchise Tax Board from the wages of employees of the Principal and/or its subcontractors pursuant to Section 18306 of the California Revenue and Taxation Code, with respect to such work and labor, then the surety or sureties herein will pay such amounts in an amount not to exceed the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the surety will pay a reasonable attorney’s fees to be fixed by the court. This bond shall inure to the benefit of any of the persons named in California Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond. Notwithstanding the number of claimants on this bond or any underlying law to the contrary, the Sureties shall not be liable under this bond for an amount greater than the aggregate penal sum designated above. The said Surety agrees that no change, extension of time, alterations, additions, omissions or other modifications of the terms of the Contract Documents, or in the work to be performed with respect to the Project, or in the specifications or plans, or by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to the Contract Documents, or by any recession or attempted recession of the Contract Documents, or this Bond, or by any conditions precedent or subsequent in this Bond attempting to limit the right of recover of claimants otherwise entitled to recover under this Bond, or any fraud practiced by any person other than the claimant seeking to recover on this Bond, shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such changes, extensions of time, alterations, additions, omissions or other modifications. ---PAGE BREAK--- City of El Cerrito Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement Page 26 of 43 When this Bond had been furnished to comply with a statutory or other legal requirement in the location where the construction is to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not a common law bond. IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals this day of 20 the names and corporate seals of the corporate parties being hereto affixed and those presents duly signed by their undersigned representatives, pursuant to authority of their governing bodies. WITNESS: PRINCIPAL (DESIGN/BUILD ENTITY) By: or secretary attest Name: Title: Address: SURETY: By: or secretary attest Name: Title: Address: ---PAGE BREAK--- City of El Cerrito Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement Page 27 of 43 EXHIBIT 5 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City Council of the City of El Cerrito (“El Cerrito”), (Name, address, and telephone number of Principal) (“Principal”) have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which agreement, dated , 20 , and identified as Project , is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of its warranty, maintenance, repair and replacement obligations following completion of the work and its acceptance by El Cerrito. NOW, THEREFORE, we, the Principal and , (Name, address, and telephone number of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto El Cerrito in the penal sum of this amount being not less than one hundred percent (100%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless El Cerrito, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or ---PAGE BREAK--- City of El Cerrito Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement Page 28 of 43 the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code 2845 and 2849. El Cerrito is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety on the date set forth below. Dated: “Principal” By: Its By: Its (Seal) “Surety” By: Its By: Its (Seal) Note: This bond must be dated, the surety’s signature must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. ---PAGE BREAK--- City of El Cerrito Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement Page 29 of 43 Small Cities Climate Action Partnership Solar Photovoltaic System Joint Procurement PART B PRE-QUALIFICATION QUESTIONNAIRE RELEVANT EXPERIENCE 1. RELEVANT EXPERIENCE OF THE DESIGN BUILD TEAM Each of the team participants shall submit examples of relevant projects as described in Part B of the Pre- qualification Questionnaire for the specific criteria required. Submit examples from the Contractor and others as appropriate. Information shall be submitted in the following format, or clearly and concisely presented equivalent, and will identify the relevance of each project as applicable to Small Cities Climate Action Partnership Solar Photovoltaic Systems Joint Procurement. Submit examples relevant projects completed within the last ten (10) years or under current contract.  List at least 3 public entity solar PV systems with construction costs ranging between $20,000 and $299,000 dollars and/or between $300,000 and $1,000,000 dollars (at least one must be in California).  List at least 3 solar PV systems using a power purchase or lease purchase agreement for financing. On separate sheets, include the following information for each project. Photos and other graphic materials may be included (Attach additional sheets as required):  Project Team Members and Roles  Project Name, Location, and Description  Owner  Owner Representative & Telephone  System size  Method of Financing  Scheduled Completion Date  Actual Completion Date  Explain Difference in Delivery Dates, if any  Original Contract Amount  Final Contract Amount  Explain Difference in Original and Final Contract Amounts, if any ---PAGE BREAK--- City of El Cerrito – Small Cities Climate Action Partnership Solar Procurement Request for Proposals Page 30 of 43 2. RELEVANT EXPERIENCE / TRAINING OF KEY PERSONNEL Present the proposed key personnel for the Design Build team that would be assigned to or be responsible for work on this project. 1. Clearly identify which System Bundle(s) for which your firm is interested in developing a proposal. 2. Attach a proposed organization chart for your design, construction, and financing operations. 3. Describe your team’s interface with your primary office and other members of the Design Build team during design and construction. On separate sheets, include the following information for key personnel on the DBE team, including project assignments and responsibilities. Key personnel shall include project managers, general superintendent, project engineers and designers, and others responsible for the completion of the design and construction of the project. Information shall be submitted in the following format, or a clearly and concisely presented equivalent.  Firm Employing Project Personnel  Name  Project Assignments/Responsibilities  Years with this firm  Years with other firms  Education  Active Registration and/or Credentials as applicable  Positions/responsibilities on previous relevant projects (list project size, scope and building type)  Solar PV Design Experience  Solar PV Installation Experience  Other experience, training, education, and qualifications relevant to the proposed project  Experience with Public Agency Projects, especially projects involving multiple agencies [ATTACH ADDITIONAL SHEETS AS REQUIRED] ---PAGE BREAK--- City of El Cerrito – Small Cities Climate Action Partnership Solar Procurement Request for Proposals Page 31 of 43 3. SAFETY RECORD 1. List your firm’s Experience Modification Rate (EMR) (California Workers’ Compensation insurance) for each of the past three premium years: NOTE: your workers’ compensation insurance carrier issues an Experience Modification Rate to your firm annually. Current year: Previous year: Year prior to previous year: If your EMR for any of these three years is or was 1.00 or higher you may, if you wish, attach a letter of explanation. ---PAGE BREAK--- City of El Cerrito – Small Cities Climate Action Partnership Solar Procurement Request for Proposals Page 32 of 43 4. TERMINATION/FAILURE TO COMPLETE; VIOLATIONS; CLAIMS, ARBITRATION AND LITIGATION PURSUANT TO PUBLIC CONTRACT CODE SECTION 20175.2(d)(3) (DESIGN/BUILD) PLEASE PROVIDE THE FOLLOWING INFORMATION: A. Provide a declaration certifying that applying members of the Design/Build Entity have not had a surety company finish work on any project within the last five years: Declaration: I, , authorized agent of the Design/Build Entity, hereby certifies and declares under penalty of perjury under the laws of the State of California that the members of (Design/Build Entity), have not had a surety company finish work on any project within the last five years. Signed: Dated: B. Provide information and details below for any construction or design claim or litigation totaling more than fifty thousand dollars ($50,000) settled against any member of the Design/Build Entity’s team within the last five years. 1. PROJECT: Location: Amount of Claim: Resolution Yes [ ] No [ ] Date: Nature of Claim: Final Status: 2. PROJECT: Location: Amount of Claim: Resolution Yes [ ] No [ ] Date: Nature of Claim: Final Status: ---PAGE BREAK--- City of El Cerrito – Small Cities Climate Action Partnership Solar Procurement Request for Proposals Page 33 of 43 TERMINATION/FAILURE TO COMPLETE; VIOLATIONS; CLAIMS, ARBITRATION AND LITIGATION (continued) C. Provide information and details below for any serious violations of the Occupational Safety and Health Act, as provided in Part 1 (commencing with Section 6300) of Division 5 of the Labor Code, settled against any member of the Design/Build Entity’s team. D. Provide information and details of any violations of federal or state law, including, but not limited to, those laws governing the payment of wages, benefits, or personal income tax withholding, or of Federal Insurance Contributions Act (FICA) withholding requirements, state disability insurance withholding, or unemployment insurance payment requirements, settled against any member of the Design/Build Entity’s team over the last five years. For the purposes of this subclause, only violations by a Design/Build Entity’s team member as an employer shall be deemed applicable, unless it is shown that the Design/Build Entity’s team member, in his or her capacity as an employer, had knowledge of his or her subcontractor's violations or failed to comply with the conditions set forth in subdivision of Section 1775 of the Labor Code. ---PAGE BREAK--- City of El Cerrito – Small Cities Climate Action Partnership Solar Procurement Request for Proposals Page 34 of 43 TERMINATION/FAILURE TO COMPLETE; VIOLATIONS; CLAIMS, ARBITRATION AND LITIGATION (continued) E. Provide information and details, under penalty of perjury, that any officer of such bidder (Design Build team members), or any employee of such bidder who has a propriety interest in such bidder, has 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, and if so explain the circumstances. Declaration: I, authorized agent of the Design/Build Entity, (Design/Build Entity), hereby declare under penalty of perjury that the above information is true and correct. Signed: Dated: ---PAGE BREAK--- City of El Cerrito – Small Cities Climate Action Partnership Solar Procurement Request for Proposals Page 35 of 43 TERMINATION/FAILURE TO COMPLETE; VIOLATIONS; CLAIMS, ARBITRATION AND LITIGATION (continued) F. Provide information and details of any violations by the Design/Build Entity of the Contractor’s State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code), excluding alleged violations or complaints. G. Provide information and details of any conviction of any member of the Design/Build Entity’s team of submitting a false or fraudulent claim to a public agency over the last five years. ---PAGE BREAK--- City of El Cerrito – Small Cities Climate Action Partnership Solar Procurement Request for Proposals Page 36 of 43 TERMINATION/FAILURE TO COMPLETE; VIOLATIONS; CLAIMS, ARBITRATION AND LITIGATION (continued) H. Provide information concerning any instance where the Design/Build Entity, its owners, officers or managing employees submitted a bid on a public works project and were found to be non- responsive, or were found by an awarding body not to be a responsible bidder, or describing any instance where its owners, officers or managing employees defaulted on a construction contract. I. Provide information concerning any instance where any member of the Design/Build Entity’s team filed for bankruptcy or receivership, or had a surety company finish work on any project: J. Provide copies of legal documents, including a copy of the agreement creating a partnership or association formed for the purpose of submitting a proposal to design and install multiple solar PV systems, specifying the type of entity (Corporation, Partnership, Limited Liability Company, or other association). Also, provide a separate statement on company letterhead under penalty of perjury under the laws of the State of California that all partners or members of the association agree to full liability for the performance of the work necessary to design and build the Project if awarded the contract for the work. ---PAGE BREAK--- City of El Cerrito – Small Cities Climate Action Partnership Solar Procurement Request for Proposals – (btr; #1706107.1) Page 37 of 43 REQUEST FOR PROPOSALS Small Cities Climate Action Partnership Solar Photovoltaic Systems Joint Procurement (only pre-qualified DBEs may propose) City of El Cerrito City of Albany City of Piedmont City of San Pablo December 15, 2011 ---PAGE BREAK--- City of El Cerrito – Small Cities Climate Action Partnership Solar Procurement Request for Proposals – (btr; #1706107.1) Page 38 of 43 Request for Proposal: Responses to this Request for Proposal (RFP) will be accepted only from the pre- qualified Design-Build Entities. The RFP includes, but is not limited to, the following:  Project Scope Requirements  Design Criteria  Form of Technical Proposal  Submittal Requirements  CEQA compliance information  Code Requirements  Timeline A. Project Scope 1. Introduction The Small Cities Climate Action Partnership (ScCAP) is a coalition of cities in Contra Costa and Alameda Counties that formed to pursue strategies for cost-effectively reducing greenhouse gas emissions from municipal operations. The four participating cities are Albany, El Cerrito, Piedmont and San Pablo. ScCAP cities understand that photovoltaic (PV) installations can reduce their reliance on utility-generated electricity and reduce their carbon footprints, while providing environmental leadership for their citizens and other neighboring jurisdictions. 2. Project Description As stated above, the City (along with its ScCAP partners) is requesting proposals for the design, procurement of materials, installation, commissioning and all associated documentation and process completion for Solar PV Systems to be located at twenty-five municipal facilities located within the boundaries of the four partner cities. Individual site system sizes range from 3 kW-DC to 200 kW-DC, totaling 1,113 kW-DC. The twenty-five sites are divided into three separate bundles: Large Systems (>100 kW-DC), Medium Systems (10-100 kW-DC), and Small Systems (<10 kW-DC). Bidders may submit proposals for one, two, or all three bundles, but all sites within each individual bundle must be included in the proposal. The SCCAP requires two types of pricing proposals: 1) Contractor Design/Build, with City ownership of PV systems (direct purchase); and 2) Financed Installation, via Solar Lease or Power Purchase Agreement, that would result in minimal to no cash outlay from partner cities. For each financing mechanism, proposals must include the construction of PV systems at all designated sites in the applicable bundle, though each City maintains the right to remove or replace some or all sites from consideration. In addition, the City of Berkeley (not a member of ScCAP) has included one site in the Medium Bundle that is optional for vendors to include in their proposals, per information included in the “Berkeley West Branch Library” Site Assessment. The awarded Contractor shall prepare complete designs, working drawings, specifications and shop drawings for the Project, and shall furnish the services of all necessary supervisors, architects, engineers, designers, draftsmen, and other personnel necessary for the preparation of those drawings and specifications required for the Project. The awarded Contractor shall provide all labor, materials, equipment, tools and supplies required for construction of the Project in accordance with drawings and specifications prepared by the Design/Builder and the Project scope. The awarded Contractor shall supervise and direct the work, and shall furnish the services of all supervisors, professionals, mechanics and other personnel necessary to design and construct the Project. ---PAGE BREAK--- City of El Cerrito – Small Cities Climate Action Partnership Solar Procurement Request for Proposals – (btr; #1706107.1) Page 39 of 43 The intended results of this procurement process are to: 1) Build a list of pre-qualified vendors to perform the proposed work. 2) Determine one winning bidder for each project bundle. 3) Execute contract(s) for each City for awarded work. The following materials have been attached to provide overviews of the sites within the project, both in one site inventory (spreadsheet format) and in site assessments classified by bundle:  Attachment A - Site Inventory: Includes an inventory of all sites with historical electrical usage, rate structure and estimated PV system sizes.  Attachment B - Large Bundle: Includes individual site assessments and notes for the locations for systems greater than 100 kW in size.  Attachment C - Medium Bundle: Includes individual site assessments and notes for the locations for systems between 10 kW and 100 kW.  Attachment D - Small Bundle: Includes individual site assessments and notes for the locations for systems under 10 kW in size.  Attachment E- Design Criteria: Contains PV system design criteria. All project plans shall be expected to go through a normal permitting process in each City. Permit costs will be the responsibility of the DBE. Attachments A-D should be used as general guidelines for PV system design and production modeling. The City and its partners cannot guarantee the accuracy of the information contained in the Attachments, though reasonable efforts have been made to ensure validity of statements made. Attachment E includes minimum standards for system design and components. Individual sites or Cities may have more stringent requirements. The selected system integrator, with the cooperation of the City and/or its agents, will be responsible to apply for and obtain all available and financially-attractive incentives, rebates, Renewable Energy Certificates, and energy rate structure changes. B. PROCESS, NOTICES, AND SUBMITTALS 1. Mandatory Pre-Proposal Meeting and Site Investigations Only successfully pre-qualified firms will be eligible to submit a proposal for this Project. All pre-qualified firms will be required to attend a Mandatory Pre-Proposal Meeting, to be announced as part of the Notice to pre-qualified firms. This Meeting will provide an opportunity to discuss and clarify this RFP including the Process, Design Standards, Agreement Requirements, supplemental information, and submission requirements. At this meeting, pre-qualified firms may also identify sites requiring site walks. Such site walks will be performed by each respective city. However, nothing said or represented during these site investigations shall be deemed to modify the requirements of this Request for Proposals (RFP) unless followed by a written addendum. If special access is required to any building or portion of the site, submit a written request to the e-mail address noted below. Arrangements must be made sufficiently in advance of the proposal due date in order to be accommodated. 2. Question and Answer Period From December 15, 2011, through February 13, 2012 Design/Build teams may submit written questions regarding the Request for Qualifications and/or Request for Proposals. All communications must be in writing only, submitted by electronic mail, directed to the address and contact person listed below. No oral questions or inquiries of any kind will be allowed. Maria Sanders Environmental Services Division City of El Cerrito ---PAGE BREAK--- City of El Cerrito – Small Cities Climate Action Partnership Solar Procurement Request for Proposals – (btr; #1706107.1) Page 40 of 43 [EMAIL REDACTED] No telephone calls please Written questions received by 5:00 PM on Monday of each week will be answered in writing and returned to all teams by the following Friday unless the nature of the question requires further time or research to properly construct an answer. Anonymity of the source of specific questions will be maintained in the written answers. Written questions received after 5:00 PM, February 13, 2012, will not be accepted. 3. Addenda Written addenda to the Request for Proposals will be e-mailed to each pre-qualified Design/Build team. Neither the City of El Cerrito nor the Design/Build teams will be bound by any oral representations, clarifications, or changes made to this RFP unless provided to all Design/Build teams in written addenda form. No addenda will be issued by the City of El Cerrito less than five working days prior to the date for receipt of submittals. 4. Proposal Due Date Submittals are due on Tuesday, February 21, 2012 no later than 2:00 p.m. Deliver to: City of El Cerrito Environmental Services Division Attention: Maria Sanders 10890 San Pablo Avenue El Cerrito, CA 94530 5. Proposal Submittals Proposals shall be submitted in a sealed envelope with six paper copies and one electronic CD/DVD copy of the complete bid proposal to the City of El Cerrito, Environmental Services Division, 10890 San Pablo Avenue, El Cerrito, CA 94530. Only Design/Build Entities with a California B, C10 and/or C46 Contractors license and who have been approved through the accompanying pre-qualification process will be eligible to submit proposals for the Project. Proposals shall consist of: A) Executive Summary, to include: high-level description of proposed PV systems and financing methods, professional background of company and project team, and description of relevant experience with equivalent projects. B) Preliminary System Designs, to include: a. Site overview b. Module layout showing proposed azimuth and tilt c. Product spec sheets for proposed racking, modules, inverter, and monitoring. d. Product warranty information for proposed racking, modules, and inverter. C) Cost Proposal for Direct-Purchase (Attachment including first-year system production estimates, as demonstrated and detailed by CSI EPBB calculator outputs, with proposed components, azimuths, and tilts. The Cost Proposal for Direct-Purchase must be submitted on the form included as Attachment F. D) Cost Proposal and Description for Alternative Financing Mechanism. This section must include a full detail of the proposed financing, including payments, any related costs, assumptions and a template of the contract commonly used by the DBE in regard to the mechanisms proposed. ---PAGE BREAK--- City of El Cerrito – Small Cities Climate Action Partnership Solar Procurement Request for Proposals – (btr; #1706107.1) Page 41 of 43 E) 20-Year Life-Cycle Analysis of impact of proposed system, financing costs, operational costs and any electrical rate schedule changes on current facility electricity bills with annual net costs/savings for the City. F) Additional Cost Options and Enhancements, to include a description of any additional options or services to be included in the project that the DBE believes the cities should consider. G) Proposed Schedule of Construction, assuming Notice to Proceed issuance on May 31, 2012. Include proposed schedule of payment requests to City. H) Safety Plan Each applicant must conform with and be responsive to the RFP requirements provided by the City. All members of the Design-Build Entity’s team must be determined to be pre-qualified. Any Team member determined not to be pre-qualified will result in a determination of “Not Pre-qualified” for the Design-Build Entity. Any deviation from the Direct Purchase Cost Proposal (Attachment F) or failure to provide the required information will be considered non-responsive and grounds for rejection of the application. The City reserves the right to reject any or all pre-qualification applications and to waive any irregularities in any responses received in its sole discretion. Pre-qualification submittals or bid proposals for past projects with the City of El Cerrito or for other public agencies are not applicable. 6. Technical Review After receipt of the proposals, the City’s Technical Proposal Evaluation Team shall conduct a review of the proposals for each bundle of sites. During the Technical Proposal Evaluation, it may become necessary for the Evaluation Team to issue Requests for Clarification to the DBEs. These requests may be necessary to enable the evaluators to best understand the Design/Builder’s response(s). Requests for Clarification may be in the form of a written request issued by the Evaluation Team prior to the Proposal Interview and/or a verbal request at the time of the Proposal Interview. Bid award will be made based upon evaluation of bidder’s compliance with proposal requirements, technical details, and price bid for specified systems in specified bubdles to determine best-value for the City and its partners. Scoring will be proportioned according to the following criteria: Project Team Experience and Construction Expertise 30 System Design, Components, and Warranties 25 Pricing and Financial Benefits 45 Total Points Possible 100 7. Description of Evaluation Criteria  Project Team Experience and Construction Expertise: Proposals shall be scored on experience and capability of Key Personnel; inclusion of organizational chart with project team roles and responsibilities; proposed construction schedule for example and multiple projects; noted experience with similarly-sized projects; noted experience with government-client projects; proven experience managing multiple projects simultaneously; skilled labor-force availability; proven safety record and on-site safety plan.  System Design, Components, and Warranties: Proposals shall be scored on appropriate system sizing for facility usage; component choices; design rationale; and system and equipment warranties. ---PAGE BREAK--- City of El Cerrito – Small Cities Climate Action Partnership Solar Procurement Request for Proposals – (btr; #1706107.1) Page 42 of 43  Pricing and Financial Benefits: Proposals shall be scored on Levelized Cost of Energy (LCOE) of financed projects; LCOE of direct purchase projects; 20-year Life-Cycle Analysis of system costs and benefits; suitability of proposed financing mechanism. 8. Proposal Interviews Between February 27 and March 2, 2012 the Selection Committee may conduct individual interviews with each of the submitting Design/Build Entities. Each Design/Builder will present its Proposal in accordance with the requirements outlined in this RFP. The Design/Build Entities will be notified of the time and exact location in advance of the Interview. The purpose of this interview is to confirm information provided in Proposals submitted by the Design/Builders. This will also be another opportunity for Technical Proposal Evaluators to request additional clarifications. In these interviews, the Design/Build Entity and its team may expand on the information provided in their proposal, and will respond to questions from the Selection Committee. Each Design/Build Entity shall have their proposed key personnel assigned to the project present as the primary representatives during this process. Presentation materials shall typically include: a. Slide or Electronic Media (PowerPoint). b. Presentation boards. c. Presentation binders including copies of presentation materials. 8. Award, Contract and Other Requirements, Award: The contract for this design-build project will be awarded to the pre-qualified Design/Build Entities submitting a responsive bid for the project that provides for the “best value” to the City as defined in Section 20175.2 of Public Contract Code. It is the City’s intent to recommend an award to one bidder for each project bundle and multiple bundles may be awarded to the same bidder. However, the City is under no obligation to award any contracts to any bidders if it decides not to move forward with the project. If the awardee is unable to execute a contract with any or all awarding cities, those cities may enter into negotiations with other pre-qualified firms. Contract Requirements: Design/Build Entities are advised that this specific project is subject to and must fully comply with all of the requirements of the Request for Proposal documents including, but not limited to, the provision of a Payment Bond, Performance, and Maintenance Bond. The bonds shall be in the form of surety bonds issued by a corporation licensed in the State of California and satisfactory to both the City and its agents. Sureties must be California State registered Class Securities. In accordance with provisions of Public Contract Code Section 22300, substitution of eligible and equivalent securities for any monies withheld to ensure performance under this contract will be permitted at the request and expense of the Contractor. Prevailing Wage Requirements: Contractors are further informed that they will be subject to and must comply with all of the requirements under the California Labor Code to pay the general prevailing rate of per diem wages and for holiday and overtime work to all workers employed by the Contractor. Copies of prevailing rates of per diem wages are available from the Department of Industrial Relations, State of California. Projects involving energy services contracts and not falling under Public Contracts Code may not be subject to prevailing wage requirements, as determined by each individual partner city. ---PAGE BREAK--- City of El Cerrito – Small Cities Climate Action Partnership Solar Procurement Request for Proposals – (btr; #1706107.1) Page 43 of 43 Confidentiality: The information contained in these questionnaires and the financial statements provided to the City of El Cerrito are not public records and shall not be open to public inspection; however, records of the names of Contractors applying for prequalification status shall be public records subject to disclosure. The City will maintain the confidentiality of these records to the extent permitted by law. In the event a third party requests these confidential records, the City will notify the affected Contractor, and it shall be the Contractor’s responsibility to defend the City in any action to compel disclosure of the Contractor’s confidential information. 1706107.1