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25-033 Syserco Energy Solutions, Inc for Photovoltaic Systems Design and Installation project
PUBLIC WORKS DEPARTMENT • 10300 TORRE AVENUE • CUPERTINO, CALIFORNIA 95014
DESIGN-BUILD CONTRACT DOCUMENTS
FOR THE
CUPERTINO PHOTOVOLTAIC SYSTEMS
DESIGN AND INSTALLATION PROJECT
CIP PROJECT NUMBER 2025‐02
DOCUMENT 1.3 - CONTRACT
PROJECT DIRECTORY
Project Name: Cupertino Photovoltaic Systems Design and Installation project
Cupertino project numbers:
G.L. NWS CIP
420‐99‐274 FVAR 004 2025‐02
Project Locations:
Facility Address APN
1 Quinlan Community Center 10185 N Stelling Rd.
Cupertino, CA 95014
326 54 041
2 Cupertino Sports Center 21111 Stevens Creek
Blvd. Cupertino, CA
95014
326 29 022
3 Community Hall 10350 Torre Avenue,
Cupertino, CA 95014
369 31 033
Project Manager: City of Cupertino
Susan Michael, CIP Manager
Public Works Department
10300 Torre Avenue
Cupertino, CA 95014
PH: 408‐777‐3354
FAX: 408‐777‐3333
e‐mail: SusanM@cupertino.gov
Address for Stop Notices: City of Cupertino
Public Works Department
10300 Torre Avenue
Cupertino, CA 95014
PH: 408‐777‐3354
FAX: 408‐777‐3333
e‐mail: CapitalProjects@cupertino.gov
i
CUPERTINO PHOTOVOLTAIC SYSTEMS DESIGN AND INSTALLATION PROJECT
TABLE OF CONTENTS
TABLE OF CONTENTS .................................................................................................................... i
Design-Build Contract ...................................................................................................................... 1
1. Contract Documents. ....................................................................................................... 1
2. Definitions. ....................................................................................................................... 2
3. DBE’s Responsibilities. ................................................................................................... 2
4. Payment. ......................................................................................................................... 2
5. Time for Completion. ....................................................................................................... 2
6. Liquidated Damages. ...................................................................................................... 2
7. Labor Code Compliance. ................................................................................................. 2
8. Workers’ Compensation Certification. ............................................................................. 3
9. Conflicts of Interest. ......................................................................................................... 3
10. Independent Contractor. .................................................................................................. 3
11. Notice. ............................................................................................................................. 4
12. General Provisions. ......................................................................................................... 4
Payment Bond ................................................................................................................................. 7
Performance Bond ........................................................................................................................... 9
General Conditions ........................................................................................................................ 11
Article 1 – Definitions ..................................................................................................................... 11
Article 2 – Roles and Responsibilities ........................................................................................... 15
2.1 Relationship with City .................................................................................................... 15
2.2 Scope of Services ......................................................................................................... 15
2.3 Design Services. ........................................................................................................... 16
2.4 Construction Services ................................................................................................... 19
2.5 Subcontractors. ............................................................................................................. 22
2.6 Coordination of Work. .................................................................................................... 22
2.7 Submittals. ..................................................................................................................... 23
2.8 Shop Drawings .............................................................................................................. 24
2.9 Access to Work. ............................................................................................................ 25
2.10 Personnel. ..................................................................................................................... 25
Article 3 - Contract Documents ...................................................................................................... 25
3.1 Order of Precedence. .................................................................................................... 25
3.2 Bridging Documents. ..................................................................................................... 25
3.3 Caltrans Standard Specifications. (Not used.) .............................................................. 26
3.4 For Reference Only. ...................................................................................................... 26
3.5 Current Versions. .......................................................................................................... 26
3.6 Conformed Copies. ....................................................................................................... 26
Article 4 - Bonds, Indemnity, and Insurance .................................................................................. 26
4.1 Payment and Performance Bonds ................................................................................ 26
4.2 Indemnity and Liability ................................................................................................... 26
4.3 Insurance ....................................................................................................................... 27
Article 5 - Contract Time ................................................................................................................ 30
5.1 Time is of the Essence .................................................................................................. 30
5.2 Schedule Requirements ................................................................................................ 31
5.3 Delay and Extensions of Contract Time ........................................................................ 32
5.4 Liquidated Damages ..................................................................................................... 36
Article 6 - Contract Modification ..................................................................................................... 37
6.1 Contract Modification. .................................................................................................... 37
6.2 DBE Change Order Requests ....................................................................................... 38
6.3 Adjustments to Contract Price ....................................................................................... 39
6.4 Unilateral Change Order ............................................................................................... 39
6.5 Non-Compliance Deemed Waiver ................................................................................. 39
Article 7 - General Construction Provisions ................................................................................... 40
ii
7.1 Permits, Fees, Business License, and Taxes ............................................................... 40
7.2 Temporary Facilities ...................................................................................................... 40
7.3 Noninterference and Site-Management ........................................................................ 40
7.4 Signs .............................................................................................................................. 41
7.5 Project Site and Nearby Property Protections............................................................... 41
7.6 Materials and Equipment ............................................................................................... 42
7.7 Testing and Inspection .................................................................................................. 44
7.8 Project Site Conditions and Maintenance ..................................................................... 45
7.9 Instructions and Manuals .............................................................................................. 47
7.11 Existing Utilities ............................................................................................................. 47
7.12 Notice of Excavation ...................................................................................................... 48
7.13 Trenching and Excavations of Four Feet or More. ........................................................ 48
7.14 Trenching of Five Feet or More ..................................................................................... 48
7.15 New Utility Connections ................................................................................................ 49
7.16 Lines and Grades. ......................................................................................................... 49
7.17 Historic or Archeological Items ...................................................................................... 49
7.18 Recycling and Waste Disposal. ..................................................................................... 49
7.19 Storm Water Pollution Control. ...................................................................................... 50
7.20 Traffic Control and Public Safety. .................................................................................. 58
7.21 Noise Control. ................................................................................................................ 59
7.22 Fire Protection Plan. ...................................................................................................... 59
7.23 Mined Materials. ............................................................................................................ 59
Article 8 - Payment ........................................................................................................................ 59
8.1 Payment. ....................................................................................................................... 59
8.2 Schedule of Values ....................................................................................................... 59
8.3 Progress Payments ....................................................................................................... 60
8.4 Adjustment of Payment Application .............................................................................. 61
8.5 Early Occupancy. .......................................................................................................... 61
8.6 Retention ....................................................................................................................... 62
8.7 Setoff. ............................................................................................................................ 62
8.8 Payment to Subcontractors and Suppliers .................................................................... 62
8.9 Final Payment ............................................................................................................... 63
8.10 Release of Claims ......................................................................................................... 63
8.11 Warranty of Title ............................................................................................................ 63
Article 9 - Labor Provisions ............................................................................................................ 63
9.1 Discrimination Prohibited ............................................................................................... 63
9.2 Labor Code Requirements ............................................................................................ 63
9.3 Prevailing Wages .......................................................................................................... 64
9.4 Payroll Records ............................................................................................................. 64
9.5 Labor Compliance ......................................................................................................... 65
Article 10 - Safety Provisions ......................................................................................................... 65
10.1 Safety Precautions and Programs ................................................................................ 65
10.2 Hazardous Materials ..................................................................................................... 65
10.3 Material Safety .............................................................................................................. 66
10.4 Hazardous Condition ..................................................................................................... 66
Article 11 - Completion and Warranty Provisions .......................................................................... 66
11.1 Final Completion ........................................................................................................... 66
11.2 Warranty ........................................................................................................................ 67
11.3 Use Prior to Final Completion ....................................................................................... 68
11.4 Substantial Completion ................................................................................................. 68
Article 12 - Dispute Resolution ...................................................................................................... 69
12.1 Claims ............................................................................................................................ 69
12.2 Claims Submission ........................................................................................................ 69
12.3 City’s Response ............................................................................................................ 71
12.4 Meet and Confer ............................................................................................................ 71
12.5 Mediation and Government Code Claims ..................................................................... 71
iii
12.6 Tort Claims .................................................................................................................... 72
12.7 Arbitration ...................................................................................................................... 72
12.8 Burden of Proof and Limitations .................................................................................... 72
12.9 Legal Proceedings ......................................................................................................... 72
12.10 Other Disputes .............................................................................................................. 72
Article 13 - Suspension and Termination ...................................................................................... 73
13.1 Suspension for Cause ................................................................................................... 73
13.2 Suspension for Convenience ........................................................................................ 73
13.3 Termination for Default .................................................................................................. 73
13.4 Termination for Convenience ........................................................................................ 75
13.5 Actions Upon Termination for Default or Convenience. ................................................ 75
Article 14 - Miscellaneous Provisions ............................................................................................ 76
14.1 Assignment of Unfair Business Practice Claims ........................................................... 76
14.2 Provisions Deemed Inserted ......................................................................................... 76
14.3 Waiver ........................................................................................................................... 76
14.4 Titles, Headings, and Groupings ................................................................................... 76
14.5 Statutory and Regulatory References ........................................................................... 77
Special Conditions ......................................................................................................................... 78
APPENDIX A: DAVIS – BACON ACT WAGE DETERIMINATION
Photovoltaic Systems Design and Installation Project DESIGN-BUILD CONTRACT
Project 2025-02 Page 1
Design-Build Contract
This design-build contract (“Contract”) is entered into on this 5th day of February 2025 (“Effective
Date”) by and between the City of Cupertino (“City”), a municipal corporation, and Syserco
Energy Solutions, Inc. (“DBE”), a California corporation, for design and construction of the
Photovoltaic Systems Design and Installation project (“Project”).
RECITALS
A. The Project involves design and construction of photovoltaic systems and related
systems at three [3] sites owned by the City of Cupertino.
B. Pursuant to § 22164 of the Public Contract Code, City issued a Request for Qualifications
(“RFQ”), dated October 10, 2024, to qualify and short-list potential Design-Build Entities
for the Project.
C. Pursuant to § 22164 of the Public Contract Code, City issued a Request for Proposals
(“RFP”), dated November 14, 2024, to short-listed Design-Build Entities, requesting
proposals to provide the design-build services (“Services”) for the Project.
D. DBE submitted its proposal (“Proposal”) on December 27, 2024 in response to the RFP.
City’s evaluation panel determined that DBE’s Proposal offered the best value to the City.
E. On February 4, 2025 the City Council awarded the Contract for the Project to DBE and
authorized the City to enter into this Contract with DBE.
F. City has awarded the Contract for the Project to DBE in reliance on DBE’s
representations and qualifications in response to the RFQ and DBE’s Proposal and
based on City’s determination that DBE’s Proposal offers the best value under the criteria
set forth in the RFP.
TERMS AND CONDITIONS
The parties agree as follows:
1. Contract Documents.
The Contract Documents incorporated into this Contract include and are comprised of all of
the documents listed below, all of which are incorporated herein. The definitions provided in
Article 1 of the General Conditions apply to all of the Contract Documents, including this
Contract.
1.1 RFP and three addenda;
1.2 RFP Submittal Proposal and attachments;
1.3 Contract; and any duly authorized and executed amendments thereto;
1.4 Bridging Documents;
1.5 City of Cupertino Standard Details;
1.6 Payment and Performance Bonds;
1.7 List of Subcontractors
1.8 General Conditions;
1.9 Special Conditions;
1.10 City-approved Construction Documents
1.11 PG&E Interconnection Permit Applications for the three sites: Quinlan
Community Center, Cupertino Sports Center, Community Hall.
1.12 Change Orders, duly authorized and executed, if any;
Photovoltaic Systems Design and Installation Project DESIGN-BUILD CONTRACT
Project 2025-02 Page 2
1.13 Notice of Potential Award;
1.14 Notice to Proceed with Design Services; and
1.15 Notice to Proceed with Construction Services.
2. Definitions.
2.1 Defined Terms. Capitalized terms that are used in this Contract or elsewhere in the
Contract Documents that are not otherwise defined have the same meanings provided for
those terms in Article 1 of the General Conditions.
2.2 For Reference Only. The following documents are provided or made available to the
DBE “For Reference Only,” as specified in Section 3.5 of the Contract General Conditions:
Facility Record drawings, attached to the 11/14/2024 RFP as Appendix E
3. DBE’s Responsibilities.
DBE is responsible for providing the Services necessary to design and construct the Project
as required by the Contract Documents. DBE must exercise reasonable skill and judgment in
the performance of the Services. DBE must provide, furnish, and supply all services and
things necessary and incidental for the timely design, performance and completion of the
Project, including provision of all necessary labor, materials, equipment, transportation, onsite
facilities, and utilities, unless otherwise specified in the Contract Documents. DBE must use
its best efforts to provide the Services in a professional and expeditious manner and to meet
or exceed the performance standards required by the Contract Documents.
4. Payment.
4.1 Contract Price. As full and complete compensation for DBE’s timely performance and
completion of the Project in strict accordance with the terms and conditions of the Contract
Documents, City will pay DBE a lump sum price of $3,939,881.00 (“Contract Price”), which
consists of the following components:
(A) Design Services. For complete and satisfactory performance of the Design
Services, City will pay DBE $195,850.00.
(B) Construction Services. For complete and satisfactory performance of the
Construction Services, City will pay DBE $3,744,031.00.
4.2 Scope and Limitations. The Contract Price includes all applicable federal, state, and
local taxes and is fully inclusive of all direct and indirect costs, overhead, and profit. The
Contract Price is not subject to adjustment due to inflation or due to the increased cost of
labor, material, or equipment after the Effective Date.
5. Time for Completion.
DBE will achieve Final Completion of the Project prior to April 10, 2026 (“Contract Time”). By
signing below, DBE expressly waives any claim for delayed early completion.
6. Liquidated Damages.
If DBE fails to achieve Final Completion within the Contract Time, City will assess liquidated
damages in the amount of $1500 per day for each day of unexcused delay in achieving Final
Completion, and such liquidated damages may be deducted from City’s payments due or to
become due to DBE under this Contract. Refer to General Conditions Section 5.4 “Liquidated
Damages” for additional information.
7. Labor Code Compliance.
7.1 General. The Construction Services, as defined in Article 1 of the General
Conditions, are subject to all applicable requirements of Chapter 1 of Part 7 of
Division 2 of the Labor Code, including requirements pertaining to wages, working
Photovoltaic Systems Design and Installation Project DESIGN-BUILD CONTRACT
Project 2025-02 Page 3
hours and workers’ compensation insurance, as further specified in Article 9 of the
General Conditions.
7.2 Prevailing Wages. The Construction Services are subject to the prevailing wage
requirements applicable to the locality in which the Work is to be performed for
each craft, classification or type of worker needed to perform the Work, including
employer payments for health and welfare, pension, vacation, apprenticeship and
similar purposes. Copies of these prevailing rates are on file with the City and
available online at http://www.dir.ca.gov/DLSR.
7.3 DIR Registration. DBE, members of its Design-Build Team providing Construction
Services, and its Subcontractors, and any other business entity or individual
providing Construction Services for the Project, must be registered with the
California Department of Industrial Relations (“DIR”) to perform public work
pursuant to Labor Code § 1725.5. The Construction Services under this Contract
are subject to compliance monitoring and enforcement by the DIR pursuant to
Labor Code § 1771.4.
7.4 Skilled and Trained Workforce. By executing this Contract, DBE is providing an
enforceable commitment pursuant to Public Contract Code § 2602 and § 22614(c),
that a “skilled and trained workforce,” as that term is defined in Public Contract
Code § 2601, will be used to complete all Services on the Project that fall within an
apprenticeable occupation in the building and construction trades, in accordance
with Public Contract Code § 2600 et seq. DBE, members of the Design-Build Team
providing Construction Services, and Subcontractors of every tier will comply with
these requirements. DBE will provide City with a monthly report while the Project is
being constructed evidencing that the DBE, its Design-Build Team (as applicable),
and Subcontractors are complying with this requirement.
8. Workers’ Compensation Certification.
Pursuant to Labor Code § 1861, by signing this Contract, DBE certifies as follows: “I am
aware of the provisions of Labor Code § 3700 which require every employer to be insured
against liability for workers’ compensation or to undertake self-insurance in accordance with
the provisions of that code, and I will comply with such provisions before commencing the
performance of the Services on this Contract.”
9. Conflicts of Interest.
DBE, members of the Design-Build Team, Subcontractors, and their respective employees
and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract
in violation of any City ordinance or requirement or in violation of any California law, including
Government Code section 1090 et seq., or the Political Reform Act, as set forth in
Government Code section 81000 et seq. and its accompanying regulations. No officer,
official, employee, consultant, or other agent of the City (“City Representative”) may have,
maintain, or acquire a “financial interest” in the Contract, as that term is defined under the
Political Reform Act (Government Code section 81000, et seq., and regulations promulgated
thereunder); or under Government Code section 1090, et seq.; or in violation of any City
ordinance or requirement while serving as a City Representative or for one year thereafter.
Any violation of this Section constitutes a material breach of the Contract.
10. Independent Contractor.
DBE is an independent contractor under this Contract and will have control of the Services and
the manner in which they are performed. DBE, members of the Design-Build Team, and its
Subconsultants and Subcontractors are not employees of City and are not entitled to participate
in any health, retirement, or any other employee benefits from City.
Photovoltaic Systems Design and Installation Project DESIGN-BUILD CONTRACT
Project 2025-02 Page 4
11. Notice.
Any notice, billing, or payment required by or pursuant to the Contract Documents must be
made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a
reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon
delivery, except that service by U.S. Mail is deemed effective on the second working day after
deposit for delivery. Notice for each party must be given as follows:
City:
Name: City of Cupertino, Department of Public Works
Address: 10300 Torre Avenue
City/State/Zip: Cupertino, CA 95014
Phone: (408) 777-3354
Attn: Susan Michael, CIP Manager
Email: SusanM@Cupertino.gov
Copy to: PWInvoices@cupertino.gov
DBE:
Name: Syserco Energy Solutions, Inc.
Address: 215 Fourier Avenue Suite 140
City/State/Zip: Fremont, CA 94539
Phone: 510.498.1410
Attn: Gabe Johnson
Email: g.johnson@syserco-es.com
Copy to: Scott Meinzen, s.meinzen@syserco-es.com
12. General Provisions.
12.1 Assignment and Successors. DBE may not assign its rights or obligations under
this Contract, in part or in whole, without City’s prior written consent. This Contract
is binding on DBE’s lawful heirs, successors and permitted assigns.
12.2 Third Party Beneficiaries. There are no intended third-party beneficiaries to this
Contract.
12.3 Governing Law and Venue. This Contract will be governed by California law and
venue will be in the Santa Clara County Superior Court, and no other place. DBE
waives any right it may have pursuant to Code of Civil Procedure § 394, to file a
motion to transfer any action arising from or relating to this Contract to a venue
outside Santa Clara County, California.
12.4 Amendment. With the exception of unilateral Change Orders issued by City
pursuant to Section 6.4 of the General Conditions, no amendment or modification
of this Contract will be binding unless it is in a Change Order duly authorized and
signed by the parties to this Contract.
12.5 Integration. This Contract and the Contract Documents incorporated herein,
including authorized amendments or Change Orders thereto, constitute the final,
complete, and exclusive terms of the agreement between City and DBE.
12.6 Severability. If any provision of the Contract Documents, or portion of a provision,
is determined to be illegal, invalid, or unenforceable, the remaining provisions of
the Contract Documents will remain in full force and effect.
12.7 Iran Contracting Act. DBE certifies, by signing below, that it is not identified on a
list created under the Iran Contracting Act, Public Contract Code § 2200 et seq.
Photovoltaic Systems Design and Installation Project DESIGN-BUILD CONTRACT
Project 2025-02 Page 5
(the “Act”), as a person engaging in investment activities in Iran, as defined in the
Act, or is otherwise expressly exempt under the Act.
12.8 Authorization. Each individual signing below warrants that he or she is authorized
to do so by the party that he or she represents, and that this Contract is legally
binding on that party. If DBE is a corporation, signatures from two officers of the
corporation are required pursuant to California Corporation Code § 313.
[Signatures are on the following page.]
Photovoltaic Systems Design and Installation Project DESIGN-BUILD CONTRACT
Project 2025-02 Page 6
The parties agree to this Contract as witnessed by the signatures below:
CITY: Approved as to form:
s/_______________________________ s/__________________________________
________________________________ ___________________________________
Name, Title Name, Title
Date: ___________________________ Date: ______________________________
Attest:
s/_______________________________
_________________________________
Name, Title
Date: ___________________________
DESIGN-BUILD ENTITY: ___________________________________________________
Business Name
s/_______________________________ Seal:
_________________________________
Name, Title
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
_________________________________
Name, Title
Date: ____________________________
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s)
END OF CONTRACT
Derek Eggers, President / Treasurer
03/10/2025
Syserco Energy Solutions, Inc
President / Secretary
03/10/2025
991301
City Attorney
03/10/2025
City Manager
03/10/2025
City Clerk
03/10/2025
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT
NAME:
FAXPHONE
(A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence)
MED EXP (Any one person)$
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER:$
COMBINED SINGLE LIMIT
$(Ea accident)
ANY AUTO BODILY INJURY (Per person)$
OWNED SCHEDULED
BODILY INJURY (Per accident)$AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
$AUTOS ONLY AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below
INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
3/3/2025
License # 0G66614
(925) 226-7350 (925) 226-7380
25682
Syserco Energy Solutions, Inc.
215 Fourier Avenue, Suite 140
Fremont, CA 94539
25674
20044
30481
20443
A 1,000,000
X X CO-4W765201 3/1/2025 3/1/2026 300,000
15,000
1,000,000
2,000,000
2,000,000
1,000,000A
X X BA-4W762364 3/1/2025 3/1/2026
10,000,000B
X X CUP-4W765409 3/1/2025 3/1/2026 10,000,000
10,000
C
X SYWC666498 3/1/2025 3/1/2026 1,000,000
1,000,000
1,000,000
D Professional Liabili X X ZCD-51N91430 3/1/2025 Each Claim $3M/Agg 3,000,000
E Installation / Build 8018543304 2/11/2025 5/11/2026 Per Job Site 4,000,000
The City of Cupertino,its City Council, officers officials, agents, servants and volunteers (collectively and/or individually). are additional insureds to the extent
provided in the attached form. Primary wording to the extent provided in the attached form. Waiver of Subrogation applies to General Liability, Auto Liability,
Umbrella, Workers' Compensation and Pollution Liability policies to the extent provided in the attached form. NOC (notice of cancellation) endorsements for
all policies have been ordered. Attached are the NOC endorsements for the GL and Auto policies. Others to follow upon receipt from carrier.
Regarding deductibles:
SEE ATTACHED ACORD 101
City of Cupertino
Public Works Dept
10300 Torre Avenue
Cupertino, CA 95014
SYSEENE-01 EFIGUEROA
One Risk Group, LLC DBA: One Risk Management & Insurance Services
2000 Crow Canyon Pl, Suite 160
San Ramon, CA 94583 Certificates@oneriskgroup.com
Travelers Indemnity Co of CT
Travelers Property Casualty Company of America
Berkshire Hathaway Homestate Ins Co
St. Paul Surplus Lines Insurance Company
Continental Casualty Company
3/1/2026
X
X
X
X
X
X
X
FORM NUMBER:
EFFECTIVE DATE:
The ACORD name and logo are registered marks of ACORD
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE
FORM TITLE:
Page of
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
ACORD 101 (2008/01)
AGENCY CUSTOMER ID:
LOC #:
AGENCY NAMED INSURED
POLICY NUMBER
CARRIER NAIC CODE
© 2008 ACORD CORPORATION. All rights reserved.
One Risk Group, LLC DBA: One Risk Management & Insurance Services
SYSEENE-01
SEE PAGE 1
1
SEE PAGE 1
ACORD 25 Certificate of Liability Insurance
License # 0G66614
1
SEE P 1
Syserco Energy Solutions, Inc.
215 Fourier Avenue, Suite 140
Fremont, CA 94539
SEE PAGE 1
EFIGUEROA
1
Description of Operations/Locations/Vehicles:
GL Policy $5,000 per occurrence
Auto Policy $0 liability deductible
Umbrella Policy $0 deductible for Coverage A – excess follow form liability
Work Comp Policy $0 deductible
Prof/Pollution $25,000 each E&O Act or Pollution Condition
Installation Floater $5,000 per occurrence (except $250K for EQ and $100K for Flood)
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(Includes Products-Completed Operations If Required By Contract)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PROVISIONS (1)Any "bodily injury", "property damage" or
"personal injury" arising out of the providing,The following is added to SECTION II – WHO IS AN
or failure to provide, any professionalINSURED:
architectural, engineering or surveyingAny person or organization that you agree in a services, including:written contract or agreement to include as an
additional insured on this Coverage Part is an (a)The preparing, approving, or failing to
insured, but only:prepare or approve, maps, shop
drawings, opinions, reports, surveys,a.With respect to liability for "bodily injury" or
field orders or change orders, or the"property damage" that occurs, or for "personal
preparing, approving, or failing toinjury" caused by an offense that is committed,
prepare or approve, drawings andsubsequent to the signing of that contract or
agreement and while that part of the contract or specifications; and
agreement is in effect; and (b)Supervisory, inspection, architectural or
b.If, and only to the extent that, such injury or engineering activities.damage is caused by acts or omissions of you or
(2)Any "bodily injury" or "property damage"your subcontractor in the performance of "your
caused by "your work" and included in thework" to which the written contract or agreement
"products-completed operations hazard"applies. Such person or organization does not
unless the written contract or agreementqualify as an additional insured with respect to
the independent acts or omissions of such specifically requires you to provide such
person or organization.coverage for that additional insured during
the policy period.The insurance provided to such additional insured is
subject to the following provisions:c.The additional insured must comply with the
a.If the Limits of Insurance of this Coverage Part following duties:
shown in the Declarations exceed the minimum (1)Give us written notice as soon as practicablelimits required by the written contract or of an "occurrence" or an offense which mayagreement, the insurance provided to the result in a claim. To the extent possible, suchadditional insured will be limited to such notice should include:minimum required limits. For the purposes of
determining whether this limitation applies, the (a)How, when and where the "occurrence"minimum limits required by the written contract or or offense took place;agreement will be considered to include the
(b)The names and addresses of any injuredminimum limits of any Umbrella or Excess
persons and witnesses; andliability coverage required for the additional
insured by that written contract or agreement.(c)The nature and location of any injury orThis provision will not increase the limits of damage arising out of the "occurrence"insurance described in Section III – Limits Of or offense.Insurance.
(2)If a claim is made or "suit" is brought againstb.The insurance provided to such additional
the additional insured:insured does not apply to:
CG D2 46 04 19 ú 2018 The Travelers Indemnity Company. All rights reserved.Page 1 of 2
COMMERCIAL GENERAL LIABILITY
(a)Immediately record the specifics of the (4)Tender the defense and indemnity of any
claim or "suit" and the date received; and claim or "suit" to any provider of other
insurance which would cover such additional(b)Notify us as soon as practicable and see insured for a loss we cover. However, thisto it that we receive written notice of the condition does not affect whether theclaim or "suit" as soon as practicable.insurance provided to such additional
(3)Immediately send us copies of all legal insured is primary to other insurancepapers received in connection with the claim available to such additional insured whichor "suit", cooperate with us in the covers that person or organization as ainvestigation or settlement of the claim or named insured as described in Paragraph 4.,defense against the "suit", and otherwise Other Insurance, of Section IV – Commercialcomply with all policy conditions.General Liability Conditions.
Page 2 of 2 ú 2018 The Travelers Indemnity Company. All rights reserved.CG D2 46 04 19
COMMERCIAL GENERAL LIABILITY
c. Method Of Sharing a.The statements in the Declarations are
accurate and complete;If all of the other insurance permits contribution
by equal shares, we will follow this method also.b.Those statements are based upon
Under this approach each insurer contributes representations you made to us; and
equal amounts until it has paid its applicable c.We have issued this policy in reliance uponlimit of insurance or none of the loss remains,your representations.whichever comes first.The unintentional omission of, or unintentional errorIf any of the other insurance does not permit in, any information provided by you which we reliedcontribution by equal shares, we will contribute upon in issuing this policy will not prejudice yourby limits. Under this method, each insurer's rights under this insurance. However, this provisionshare is based on the ratio of its applicable limit does not affect our right to collect additionalof insurance to the total applicable limits of premium or to exercise our rights of cancellation orinsurance of all insurers.nonrenewalin accordance with applicable insurance
d. Primary And Non-Contributory Insurance If laws or regulations.
Required By Written Contract 7. Separation Of Insureds
If you specifically agree in a written contract or Except with respect to the Limits of Insurance, andagreement that the insurance afforded to an any rights or duties specifically assigned in thisinsured under this Coverage Part must apply on Coverage Part to the first Named Insured, thisa primary basis, or a primary and non-insurance applies:contributory basis, this insurance is primary to a.As if each Named Insured were the onlyother insurance that is available to such insured Named Insured; andwhich covers such insured as a named insured,
b.Separately to each insured against whom claimand we will not share with that other insurance,
is made or "suit" is brought.provided that:
8. Transfer Of Rights Of Recovery Against Others(1)The "bodily injury" or "property damage" for
To Uswhich coverage is sought occurs; and
If the insured has rights to recover all or part of any(2)The "personal and advertising injury" for
payment we have made under this Coverage Part,which coverage is sought is caused by an those rights are transferred to us. The insured mustoffense that is committed;do nothing after loss to impair them. At our request,subsequent to the signing of that contract or the insured will bring "suit" or transfer those rightsagreement by you.to us and help us enforce them.
5. Premium Audit 9. When We Do Not Renew
a.We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we willPart in accordance with our rules and rates.mail or deliver to the first Named Insured shown in
b.Premium shown in this Coverage Part as the Declarations written notice of the nonrenewaladvance premium is a deposit premium only. At not less than 30 days before the expiration date.the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficientthe earned premium for that period and send proof of notice.notice to the first Named Insured. The due date
SECTION V – DEFINITIONSfor audit and retrospective premiums is the date
shown as the due date on the bill. If the sum of 1."Advertisement" means a notice that is broadcast or
the advance and audit premiums paid for the published to the general public or specific market
policy period is greater than the earned segments about your goods, products or services
premium, we will return the excess to the first for the purpose of attracting customers or
Named Insured.supporters. For the purposes of this definition:
c.The first Named Insured must keep records of a.Notices that are published include material
the information we need for premium placed on the Internet or on similar electronic
computation, and send us copies at such times means of communication; and
as we may request.b.Regarding websites, only that part of a website
6. Representations that is about your goods, products or services
for the purposes of attracting customers orBy accepting this policy, you agree:
supporters is considered an advertisement.
Page16 of 21 ú 2017 The Travelers Indemnity Company. All rights reserved.CG T1 00 02 19
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
POLICY NUMBER:ISSUE DATE:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED PERSON OR ORGANIZATION – NOTICE OF
CANCELLATION PROVIDED BY US
This endorsement modifies insurance provided under the following:
ALL COVERAGE PARTS INCLUDED IN THIS POLICY
CANCELLATION:
SCHEDULE
Number of Days Notice:
PERSON OR
ORGANIZATION:
ADDRESS:
PROVISIONS
IL T4 05 05 19 © 2019 The Travelers Indemnity Company. All rights reserved.Page 1 of 1
ANY PERSON OR ORGANIZATION TO WHOM YOU
HAVE AGREED IN A WRITTEN CONTRACT THAT
NOTICE OF CANCELLATION OF THIS POLICY
WILL BE GIVEN, BUT ONLY IF:
1. YOU SEND US A WRITTEN REQUEST TO
PROVIDE SUCH NOTICE, INCLUDING THE
NAME AND ADDRESS OF SUCH PERSON OR
ORGANIZATION, AFTER THE FIRST NAMED
INSURED RECEIVES NOTICE FROM US OF
THE CANCELLATION OF THIS POLICY; AND
2. WE RECEIVE SUCH WRITTEN REQUEST AT
LEAST 14 DAYS BEFORE THE BEGINNING OF
THE APPLICABLE NUMBER OF DAYS SHOWN
IN THIS SCHEDULE.
THE ADDRESS FOR THAT PERSON OR ORGANIZ-
ATION INCLUDED IN SUCH WRITTEN REQUEST
FROM YOU TO US.
If we cancel this policy for any legally permitted reason other than nonpayment of premium, and a number of days
is shown for Cancellation in the Schedule above, we will mail notice of cancellation to the person or organization
shown in such Schedule. We will mail such notice to the address shown in the Schedule above at least the
number of days shown for Cancellation in such Schedule before the effective date of cancellation.
30
CO-4W765201 03-01-2025
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
XTEND ENDORSEMENT FOR CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
GENERAL DESCRIPTION OF COVERAGE –This endorsement broadens coverage. However, coverage for any
injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or
limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to
the extent that coverage is excluded or limited by such an endorsement. The following listing is a general
coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to
determine rights, duties, and what is and is not covered.
A.Who Is An Insured – Unnamed Subsidiaries C.Incidental Medical Malpractice
B.Blanket Additional Insured – Governmental D.Blanket Waiver Of Subrogation
Entities – Permits Or Authorizations Relating To E.Contractual Liability – RailroadsOperationsF.Damage To Premises Rented To You
PROVISIONS a.An organization other than a partnership, joint
venture or limited liability company; orA. WHO IS AN INSURED – UNNAMED
b.A trust;SUBSIDIARIES
The following is added to SECTION II – WHO IS as indicated in its name or the documents that
AN INSURED:govern its structure.
Any of your subsidiaries, other than a partnership,B. BLANKET ADDITIONAL INSURED –joint venture or limited liability company, that is GOVERNMENTAL ENTITIES – PERMITS ORnot shown as a Named Insured in the AUTHORIZATIONS RELATING TO OPERATIONSDeclarations is a Named Insured if:
The following is added to SECTION II – WHO ISa.You are the sole owner of, or maintain an AN INSURED:ownership interest of more than 50% in, such
Any governmental entity that has issued a permitsubsidiary on the first day of the policy period;
or authorization with respect to operationsand
performed by you or on your behalf and that youb.Such subsidiary is not an insured under are required by any ordinance, law, building codesimilar other insurance.or written contract or agreement to include as an
No such subsidiary is an insured for "bodily injury"additional insured on this Coverage Part is an
or "property damage" that occurred, or "personal insured, but only with respect to liability for "bodily
injury", "property damage" or "personal andand advertising injury" caused by an offense
advertising injury" arising out of such operations.committed:
The insurance provided to such governmentala.Before you maintained an ownership interest
entity does not apply to:of more than 50% in such subsidiary; or
a.Any "bodily injury", "property damage" orb.After the date, if any, during the policy period
"personal and advertising injury" arising out ofthat you no longer maintain an ownership operations performed for the governmentalinterest of more than 50% in such subsidiary.entity; orFor purposes of Paragraph 1.of Section II – Who b.Any "bodily injury" or "property damage"Is An Insured, each such subsidiary will be included in the "products-completeddeemed to be designated in the Declarations as:operations hazard".
CG D3 16 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 1 of 3
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
COMMERCIAL GENERAL LIABILITY
C. INCIDENTAL MEDICAL MALPRACTICE pharmaceuticals committed by, or with the
knowledge or consent of, the insured.1.The following replaces Paragraph b.of the
definition of "occurrence" in the 5.The following is added to the DEFINITIONS
DEFINITIONS Section:Section:
b.An act or omission committed in providing "Incidental medical services" means:or failing to provide "incidental medical a.Medical, surgical, dental, laboratory, x-rayservices", first aid or "Good Samaritan or nursing service or treatment, advice orservices" to a person, unless you are in instruction, or the related furnishing ofthe business or occupation of providing food or beverages; orprofessional health care services.
b.The furnishing or dispensing of drugs or2.The following replaces the last paragraph of
medical, dental, or surgical supplies orParagraph2.a.(1)of SECTION II – WHO IS
appliances.AN INSURED:
6.The following is added to Paragraph 4.b.,Unless you are in the business or occupation
Excess Insurance, of SECTION IV –of providing professional health care services,
Paragraphs (1)(a),(b),(c)and (d)above do COMMERCIAL GENERAL LIABILITY
not apply to "bodily injury" arising out of CONDITIONS:
providing or failing to provide:This insurance is excess over any valid and
(a)"Incidental medical services" by any of collectible other insurance, whether primary,
your "employees" who is a nurse, nurse excess, contingent or on any other basis, that
assistant, emergency medical technician is available to any of your "employees" for
or paramedic; or "bodily injury" that arises out of providing or
failing to provide "incidental medical services"(b)First aid or "Good Samaritan services" by
to any person to the extent not subject toany of your "employees" or "volunteer
workers", other than an employed or Paragraph 2.a.(1)of Section II – Who Is An
volunteer doctor. Any such "employees"Insured.
or "volunteer workers" providing or failing D. BLANKET WAIVER OF SUBROGATIONto provide first aid or "Good Samaritan
The following is added to Paragraph 8.,Transferservices" during their work hours for you
Of Rights Of Recovery Against Others To Us,will be deemed to be acting within the
of SECTION IV – COMMERCIAL GENERALscope of their employment by you or
performing duties related to the conduct LIABILITY CONDITIONS:
of your business.If the insured has agreed in a contract or
3.The following replaces the last sentence of agreement to waive that insured's right of
Paragraph 5.of SECTION III – LIMITS OF recovery against any person or organization, we
INSURANCE:waive our right of recovery against such person or
organization, but only for payments we makeFor the purposes of determining the
because of:applicable Each Occurrence Limit, all related
acts or omissions committed in providing or a."Bodily injury" or "property damage" thatfailing to provide "incidental medical occurs; orservices", first aid or "Good Samaritan
b."Personal and advertising injury" caused byservices" to any one person will be deemed to
an offense that is committed;be one "occurrence".
4.The following exclusion is added to subsequent to the execution of the contract or
Paragraph 2.,Exclusions, of SECTION I –agreement.
COVERAGES – COVERAGE A – BODILY E. CONTRACTUAL LIABILITY – RAILROADSINJURY AND PROPERTY DAMAGE
LIABILITY:1.The following replaces Paragraph c.of the
definition of "insured contract" in theSale Of Pharmaceuticals
DEFINITIONS Section:"Bodily injury" or "property damage" arising
out of the violation of a penal statute or c.Any easement or license agreement;
ordinance relating to the sale of
Page 2 of 3 ú 2017 The Travelers Indemnity Company. All rights reserved.CG D3 16 02 19
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
POLICY NUMBER:ISSUE DATE:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED PERSON OR ORGANIZATION – NOTICE OF
CANCELLATION PROVIDED BY US
This endorsement modifies insurance provided under the following:
ALL COVERAGE PARTS INCLUDED IN THIS POLICY
CANCELLATION:
SCHEDULE
Number of Days Notice:
PERSON OR
ORGANIZATION:
ADDRESS:
PROVISIONS
IL T4 05 05 19 © 2019 The Travelers Indemnity Company. All rights reserved.Page 1 of 1
ANY PERSON OR ORGANIZATION TO WHOM YOU
HAVE AGREED IN A WRITTEN CONTRACT THAT
NOTICE OF CANCELLATION OF THIS POLICY
WILL BE GIVEN, BUT ONLY IF:
1. YOU SEND US A WRITTEN REQUEST TO
PROVIDE SUCH NOTICE, INCLUDING THE
NAME AND ADDRESS OF SUCH PERSON OR
ORGANIZATION, AFTER THE FIRST NAMED
INSURED RECEIVES NOTICE FROM US OF
THE CANCELLATION OF THIS POLICY; AND
2. WE RECEIVE SUCH WRITTEN REQUEST AT
LEAST 14 DAYS BEFORE THE BEGINNING OF
THE APPLICABLE NUMBER OF DAYS SHOWN
IN THIS SCHEDULE.
THE ADDRESS FOR THAT PERSON OR ORGANIZ-
ATION INCLUDED IN SUCH WRITTEN REQUEST
FROM YOU TO US.
If we cancel this policy for any legally permitted reason other than nonpayment of premium, and a number of days
is shown for Cancellation in the Schedule above, we will mail notice of cancellation to the person or organization
shown in such Schedule. We will mail such notice to the address shown in the Schedule above at least the
number of days shown for Cancellation in such Schedule before the effective date of cancellation.
30
BA-4W762364 03-01-2025
© 2016 The Travelers Indemnity Company. All rights reserved.Page 4 of 22 EU 00 01 07 16
UMBRELLA
2.We have no duty to defend any insured
against any "suit":
a.Seeking damages to which this insurance
does not apply; or
b.If any other insurer has a duty to defend.
3.When we have the duty to defend, we may, at
our discretion, investigate and settle any claim
or "suit". In all other cases, we may, at our
discretion, participate in the investigation,
defense and settlement of any claim or "suit"
for damages to which this insurance may
apply. If we exercise such right to participate,
all expenses we incur in doing so will not
reduce the applicable limits of insurance.
4.Our duty to defend ends when we have used
up the applicable limit of insurance in the
payment of judgments or settlements, or
defense expenses if such expenses are within
the limits of insurance of this policy.
5.We will pay, with respect to a claim we
investigate or settle, or "suit" against an
insured we defend:
a.All expenses we incur.
b.The cost of:
(1)Bail bonds required because of
accidents or traffic law violations
arising out of the use of any vehicle to
which this insurance applies; or
(2)Appeal bonds and bonds to release
attachments;
but only for bond amounts within the
applicable limit of insurance. We do not
have to furnish these bonds.
c.All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of such claim or
"suit", including actual loss of earnings up
to $1,000 a day because of time off from
work.
d.All court costs taxed against the insured
in the "suit". However, these payments do
not include attorneys' fees or attorneys'
expenses taxed against the insured.
e.Prejudgment interest awarded against the
insured on that part of the judgment we
pay. If we make an offer to pay the
applicable limit of insurance, we will not
pay any prejudgment interest based on
that period of time after the offer.
f.All interest that accrues on the full amount
of any judgment after entry of the
judgment and before we have paid,
offered to pay or deposited in court the
part of the judgment that is within the
applicable limit of insurance. If we do not
pay part of the judgment for any reason
other than it is more than the applicable
limit of insurance, we will not pay any
interest that accrues on that portion of the
judgment.
With respect to a claim we investigate or
settle, or "suit" against an insured we defend
under COVERAGE A – EXCESS FOLLOW-
FORM LIABILITY, these payments will not
reduce the applicable limits of insurance, but
only if the applicable "underlying insurance"
provides for such payments in addition to its
limits of insurance. With respect to a claim we
investigate or settle, or "suit" against an
insured we defend under COVERAGE B –
UMBRELLA LIABILITY, these payments will
not reduce the applicable limits of insurance.
SECTION II – WHO IS AN INSURED
A.COVERAGE A – EXCESS FOLLOW-FORM
LIABILITY
With respect to Coverage A, the following persons
and organizations qualify as insureds:
1.The Named Insured shown in the
Declarations; and
2.Any other person or organization qualifying as
an insured in the "underlying insurance". If
you have agreed to provide insurance for that
person or organization in a written contract or
agreement:
a.The limits of insurance afforded to such
person or organization will be:
(1)The amount by which the minimum
limits of insurance you agreed to
provide such person or organization
in that written contract or agreement
exceed the total limits of insurance of
all applicable "underlying insurance";
or
(2)The limits of insurance of this policy;
whichever is less; and
b.Coverage under this policy does not apply
to such person or organization if the
minimum limits of insurance you agreed
to provide such person or organization in
that written contract or agreement are
wholly within the total limits of insurance
of all available applicable "underlying
insurance".
B.COVERAGE B – UMBRELLA LIABILITY
With respect to Coverage B:
1.The Named Insured shown in the
Declarations is an insured.
2.If you are:
© 2016 The Travelers Indemnity Company. All rights reserved.Page 14 of 22 EU 00 01 07 16
UMBRELLA
b.You have paid all premiums due for this
policy at the time you make such request;
c.You promptly pay the additional premium
we charge for the Extended Reporting
Period endorsement for this insurance
when due. We will determine that
additional premium after we have
received your request for the Extended
Reporting Period endorsement for this
insurance. That additional premium is not
subject to any limitation stated in the
"underlying insurance" on the amount or
percentage of additional premium that
may be charged for the "extended
reporting period" in such "underlying
insurance"; and
d.That Extended Reporting Period
endorsement is issued by us and made a
part of this policy.
3.Any Extended Reporting Period endorsement
for this insurance will not reinstate or increase
the Limits of Insurance or extend the policy
period.
4.Except with respect to any provisions to the
contrary contained in Paragraphs 1., 2. or 3.
above, all provisions of any option to
purchase an "extended reporting period"
granted to you in the "underlying insurance"
apply to this insurance.
J.INSPECTIONS AND SURVEYS
1.We have the right but are not obligated to:
a.Make inspections and surveys at any
time;
b.Give you reports on the conditions we
find; and
c.Recommend changes.
2.Any inspections, surveys, reports or
recommendations relate only to insurability
and the premiums to be charged. We do not
make safety inspections. We do not
undertake to perform the duty of any person
or organization to provide for the health or
safety of workers or the public. We do not
warrant that conditions:
a.Are safe or healthful; or
b.Comply with laws, regulations, codes or
standards.
K.LEGAL ACTION AGAINST US
1.No person or organization has a right under
this insurance:
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured; or
b.To sue us on this insurance unless all of
its terms have been fully complied with.
2.A person or organization may sue us to
recover on an agreed settlement or on a final
judgment against an insured. We will not be
liable for damages that:
a.Are not payable under the terms of this
insurance; or
b.Are in excess of the applicable limit of
insurance.
An agreed settlement means a settlement
and release of liability signed by us, the
insured and the claimant or the claimant's
legal representative.
L.MAINTENANCE OF UNDERLYING INSURANCE
1.The insurance afforded by each policy of
"underlying insurance" will be maintained for
the full policy period of this Excess Follow-
Form And Umbrella Liability Insurance. This
provision does not apply to the reduction or
exhaustion of the aggregate limit or limits of
such "underlying insurance" solely by
payments as permitted in Paragraphs 4.a.(1),
(2) and (3) of COVERAGE A – EXCESS
FOLLOW-FORM LIABILITY of SECTION I –
COVERAGES. As such policies expire, you
will renew them at limits and with coverage at
least equal to the expiring limits of insurance.
If you fail to comply with the above
requirements, Coverage A is not invalidated.
However, in the event of a loss, we will pay
only to the extent that we would have paid had
you complied with the above requirements.
2.The first Named Insured shown in the
Declarations must give us written notice of
any change in the "underlying insurance" as
respects:
a.Coverage;
b.Limits of insurance;
c.Termination of any coverage; or
d.Exhaustion of aggregate limits.
3.If you are unable to recover from any
"underlying insurer" because you fail to
comply with any term or condition of the
"underlying insurance", Coverage A is not
invalidated. However, we will pay for any loss
only to the extent that we would have paid had
you complied with that term or condition in
that "underlying insurance".
M.OTHER INSURANCE
This insurance is excess over any valid and
collectible "other insurance" whether such "other
insurance" is stated to be primary, contributing,
UMBRELLA
© 2016 The Travelers Indemnity Company. All rights reserved.EU 00 01 07 16 Page 15 of 22
UMBRELLA
excess, contingent or otherwise. This provision
does not apply to a policy bought specifically to
apply as excess of this insurance.
However, if you specifically agree in a written
contract or agreement that the insurance provided
to any person or organization that qualifies as an
insured under this insurance must apply on a
primary basis, or a primary and non-contributory
basis, then insurance provided under Coverage A
is subject to the following provisions:
1.This insurance will apply before any "other
insurance" that is available to such additional
insured which covers that person or
organization as a named insured, and we will
not share with that "other insurance", provided
that the injury or damage for which coverage
is sought is caused by an "event" that takes
place or is committed subsequent to the
signing of that contract or agreement by you.
2.This insurance is still excess over any valid
and collectible "other insurance", whether
primary, excess, contingent or otherwise,
which covers that person or organization as
an additional insured or as any other insured
that does not qualify as a named insured.
N.PREMIUM
1.The first Named Insured shown in the
Declarations is responsible for the payment of
all premiums and will be the payee for any
return premiums.
2.If the premium is a flat charge, it is not subject
to adjustment except as provided in
Paragraph 4. below.
3.If the premium is other than a flat charge, it is
an advance premium only. The earned
premium will be computed at the end of the
policy period, or at the end of each year of the
policy period if the policy period is two years
or longer, at the rate shown in the
Declarations, subject to the Minimum
Premium.
4.Additional premium may become payable
when coverage is provided for additional
insureds under the provisions of SECTION II
– WHO IS AN INSURED.
O.PREMIUM AUDIT
The premium for this policy is the amount stated
in Item 5. of the Declarations. The premium is a
flat charge unless it is specified in the
Declarations as adjustable.
P.PROHIBITED COVERAGE – UNLICENSED
INSURANCE
1.With respect to loss sustained by any insured
in a country or jurisdiction in which we are not
licensed to provide this insurance, this
insurance does not apply to the extent that
insuring such loss would violate the laws or
regulations of such country or jurisdiction.
2.We do not assume responsibility for:
a.The payment of any fine, fee, penalty or
other charge that may be imposed on any
person or organization in any country or
jurisdiction because we are not licensed
to provide insurance in such country or
jurisdiction; or
b.The furnishing of certificates or other
evidence of insurance in any country or
jurisdiction in which we are not licensed to
provide insurance.
Q.PROHIBITED COVERAGE – TRADE OR
ECONOMIC SANCTIONS
We will provide coverage for any loss, or
otherwise will provide any benefit, only to the
extent that providing such coverage or benefit
does not expose us or any of our affiliated or
parent companies to:
1.Any trade or economic sanction under any law
or regulation of the United States of America;
or
2.Any other applicable trade or economic
sanction, prohibition or restriction.
R.REPRESENTATIONS
By accepting this insurance, you agree:
1.The statements in the Declarations and any
subsequent notice relating to "underlying
insurance" are accurate and complete;
2.Those statements are based upon
representations you made to us; and
3.We have issued this insurance in reliance upon
your representations.
S.SEPARATION OF INSUREDS
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned in
this policy to the first Named Insured shown in the
Declarations, this insurance applies:
1.As if each Named Insured were the only
Named Insured; and
2.Separately to each insured against whom
claim is made or "suit" is brought.
© 2016 The Travelers Indemnity Company. All rights reserved.Page 16 of 22 EU 00 01 07 16
UMBRELLA
T.WAIVER OR TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US
1.If the insured has rights to recover all or part
of any payment we have made under this
insurance, those rights are transferred to us
and the insured must do nothing after loss to
impair them. At our request, the insured will
bring suit or transfer those rights to us and
help us, and with respect to Coverage A, the
"underlying insurer", enforce them.
If the insured has agreed in a contract or
agreement to waive that insured's right of
recovery against any person or organization,
we waive our right of recovery against that
person or organization, but only for payments
we make because of an "event" that takes
place or is committed subsequent to the
execution of that contract or agreement by
such insured.
2.Reimbursement of any amount recovered will
be made in the following order:
a.First, to any person or organization
(including us or the insured) who has paid
any amount in excess of the applicable
limit of insurance;
b.Next, to us; and
c.Then, to any person or organization
(including the insured and with respect to
Coverage A, the "underlying insurer") that
is entitled to claim the remainder, if any.
3.Expenses incurred in the process of recovery
will be divided among all persons or
organizations receiving amounts recovered
according to the ratio of their respective
recoveries.
U.TRANSFER OF YOUR RIGHTS AND DUTIES
UNDER THIS INSURANCE
1.Your rights and duties under this insurance
may not be transferred without our written
consent except in the case of death of an
individual Named Insured.
2.If you die, your rights and duties will be
transferred to your legal representative but
only while acting within the scope of duties as
your legal representative. Until your legal
representative is appointed, anyone having
proper temporary custody of your property will
have your rights and duties but only with
respect to that property.
V.UNINTENTIONAL OMISSION OR ERROR
The unintentional omission of, or unintentional
error in, any information provided by you which we
relied upon in issuing this policy will not prejudice
your rights under this insurance. However, this
provision does not affect our right to collect
additional premium or to exercise our rights of
cancellation or nonrenewal in accordance with
applicable insurance laws or regulations.
W.WHEN LOSS IS PAYABLE
If we are liable under this insurance, we will pay
for injury, damage or loss after:
1.The insured's liability is established by:
a.A court decision; or
b.A written agreement between the
claimant, the insured, any "underlying
insurer" and us; and
2.The amount of the "applicable underlying
limit" or "self-insured retention" is paid by or
on behalf of the insured.
SECTION VI – DEFINITIONS
A.With respect to all coverages of this insurance:
1."Applicable underlying limit" means the sum of:
a.The applicable limit of insurance stated
for the policies of "underlying insurance"
in the Schedule Of Underlying Insurance
subject to the provisions in Paragraphs
4.a.(1), (2) and (3) of COVERAGE A –
EXCESS FOLLOW-FORM LIABILITY of
SECTION I – COVERAGES; and
b.The applicable limit of insurance of any
"other insurance" that applies.
The limits of insurance in any policy of
"underlying insurance" will apply even if:
a.The "underlying insurer" claims the
insured failed to comply with any term or
condition of the policy; or
b.The "underlying insurer" becomes
bankrupt or insolvent.
2."Auto hazard" means all "bodily injury" and
"property damage" to which liability insurance
afforded under an auto policy of "underlying
insurance" would apply but for the exhaustion
of its applicable limits of insurance.
3."Electronic data" means information, facts or
programs stored as or on, created or used on,
or transmitted to or from computer software
(including systems and applications software),
hard or floppy disks, CD-ROMs, tapes, drives,
cells, data processing devices or any other
media which are used with electronically
controlled equipment.
4."Event" means an "occurrence", offense,
accident, act, error, omission, wrongful act or
loss.
POLLUTION LIABILITY
Page 8 of 10 ª 2021 The Travelers Indemnity Company. All rights reserved. RP 10 02 10 21
3. Other Insurance
a. As used anywhere in this policy,
other insurance means insurance, or
the funding of losses, that is
provided by, through or on behalf of:
(1) Another insurance company;
(2) Us or any of our affiliated
insurance companies;
(3) Any risk retention group; or
(4) Any self-insurance method or
program, in which case the
"insured" will be deemed to be
the provider of other insurance.
Other insurance does not include
umbrella insurance, or excess
insurance, that was bought specifically
to apply in excess of the Limits of
Insurance shown for this insurance in
the Travelers ECP Custom
Declarations.
b. If valid and collectible other insurance
is available to the "insured" for a
loss covered under this insurance, our
obligations are limited as follows:
(1) This insurance is primary except
when Paragraph (2) below applies.
When this insurance is primary:
(a) If any other insurance is issued
to any "named insured" by us,
or any of our affiliated
insurance companies, this
insurance is primary to that
other insurance, and we will
not share with that other
insurance; and
(b) If any other insurance not
described in Paragraph (a) above
is also primary, we will share
with all that other insurance as
follows:
(i) If all of the other insurance
permits contribution by
equal shares, we will follow
this method also. Under this
approach each provider of
insurance contributes equal
amounts until it has paid its
applicable limit of insurance
or none of the "loss"
remains, whichever comes
first.
(ii) If any of the other
insurance does not permit
contribution by equal shares,
we will contribute by limits.
Under this method, the
share of each provider of
insurance is based on the
ratio of its applicable limit
of insurance to the total
applicable limits of
insurance of all providers of
insurance.
(2) This insurance is excess over any
valid and collectible other
insurance, whether such other
insurance is primary, excess,
contingent or on any other basis:
(a) If the "pollution conditions"
that caused the "loss" are
"auto transportation pollution
conditions";
(b) That only covers one or more
projects specifically described
in it. This paragraph does not
apply to any other insurance
that is available to any person
or organization that:
(i) Is an "insured" under
Paragraph e. of the
definition of "insured"; or
(ii) Is an "insured" under
any additional insured
endorsement issued by us
as part of this policy;
(c) That is available to the
"insured" when the "insured" is
an additional insured, or is any
other insured that does not
qualify as a named insured,
under such other insurance; or
(d) That is available to any person
or organization that:
(i) Is an "insured" under
Paragraph e. of the definition
of "insured"; or
(ii) Is an "insured" under
any additional insured
endorsement issued by us
as part of this policy.
However, if the "named
insured" specifically agrees in
a written contract or agreement
that the insurance provided to
such person or organization
must apply on a primary basis,
or a primary and non-
contributory basis, this
insurance is primary to other
insurance that is available to
such person or organization
which covers that person or
organization as a named
insured, and we will not share
with that other insurance,
provided that the "bodily
injury", "property damage" or
"pollution clean-up costs" for
POLLUTION LIABILITY
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which coverage is sought result
from "pollution conditions" that
commence after the written
contract or agreement was
signed by the "named insured".
(3) When this insurance is excess, we
will have no duty to defend the
"insured" against any "claim" if
any provider of other insurance
has a duty to defend the "insured"
against that "claim". But we will
have the right to associate in the
defense and control of any
"claim" that we reasonably believe
is likely to involve this insurance.
If no provider of other insurance
defends any "claim" for "loss" to
which this insurance applies, we
will undertake to do so, but we
will be entitled to the "insured's"
rights against all those providers
of other insurance.
(4) When this insurance is excess, we
will pay only our share of the
amount of the loss, if any, that
exceeds the sum of:
(a) The total amount that all such
other insurance would pay for
the loss in the absence of this
insurance; and
(b) The total of all deductible and
self-insured amounts under all
such other insurance.
SECTION IV - DEFINITIONS
1. "Applicable Retroactive Date For
Contractors Pollution Liability Coverage"
means:
a. The Retroactive Date For Contractors
Pollution Liability Coverage stated in
the Travelers ECP Custom
Declarations, except when Paragraph
b., c., d., e. or f. below applies.
Paragraph b., c., d., e. or f. below
applies only if coverage for the
"loss" described in that paragraph is
included in this form and the
retroactive date described in that
paragraph is stated in the Travelers
ECP Custom Declarations. If no
Retroactive Date For Contractors
Pollution Liability Coverage is stated
in the Travelers ECP Custom
Declarations, that retroactive date will
be deemed to be the first day of the
"policy period".
b. Any Auto Transportation Pollution
Conditions Contractors Pollution
Liability Retroactive Date stated in the
Travelers ECP Custom Declarations
if the "pollution conditions" that
caused the "loss" are "auto
transportation pollution conditions".
c. Any Fungi Or Bacteria Conditions
Retroactive Date stated in the
Travelers ECP Custom Declarations
if the "pollution conditions" that
caused the "loss" are "fungi or
bacteria conditions".
d. Any Lead Pollution Conditions
Retroactive Date stated in the
Travelers ECP Custom Declarations if
the "pollution conditions" that caused
the "loss" are "lead pollution
conditions".
e. Any Low-Level Radioactivity Pollution
Conditions Retroactive Date stated in
the Travelers ECP Custom
Declarations if the "pollution
conditions" that caused the "loss" are
"low-level radioactivity pollution
conditions".
f. Any Silica Pollution Conditions
Retroactive Date stated in the
Travelers ECP Custom Declarations
if the "pollution conditions" that
caused the "loss" are "silica pollution
conditions".
If more than one retroactive date in
Paragraph b., c., d., e. or f. above applies,
"applicable Retroactive Date For
Contractors Pollution Liability Coverage"
means the latest of such retroactive
dates.
2. "Contractors Pollution Liability Coverage":
a. Means Contractors Pollution Liability
Coverage.
b. Includes Contractors Pollution Liability
coverage that is part of any policy
that provides Contractors Pollution
Liability coverage and any other
coverage.
3. "Coverage territory" means anywhere in
the world.
4. "Financial interest" means the insurable
interest in a "foreign insured
organization" because of:
a. Sole ownership of, or majority
ownership interest in, such "foreign
insured organization", either directly
or through one or more intervening
subsidiaries;
b. Indemnification of, or an obligation to
indemnify:
(1) Such "foreign insured organization"
for a "foreign pollution legal
liability loss" or "foreign
emergency response costs loss";
or
POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
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Professional's Liability Coverage and any
Contractors Indemnity For Subcontractor's
Pollution Liability Coverage, no "named
insured" can agree in a contract or
agreement to:
a. Waive any "named insured's" right of
recovery against any "design
professional" or "specified sub-
contractor"; or
b. Limit the liability of the "design
professional" or "specified sub-
contractor" to a maximum amount
unless such limitation is an
"authorized agreed limitation of
liability".
At our request, the "insured" will bring
suit or initiate an alternative dispute
resolution proceeding to enforce those
rights or will help us enforce them.
We will apply any amounts recovered in
enforcing those rights of recovery in the
following order until the total amount
recovered is used up:
a. We will reimburse any person or
organization, including us or the
"insured", any amount that person or
organization has paid in excess of the
limits of insurance.
b. We will retain an amount equal to the
amount we have paid under this
policy.
c. We will pay to the "insured" any
remaining portion, including any
amounts within any applicable
deductible or self-insured retention.
If any amounts are recovered in
enforcing those rights of recovery,
reasonable expenses incurred in enforcing
such rights will be shared among all
persons or organizations receiving
amounts recovered. Each such person's or
organization's share of those expenses is
based on the ratio of its amount
recovered to the total amounts recovered
by all such persons or organizations in
enforcing such rights.
If the "insured" has agreed in a contract
or agreement to waive that "insured's"
right of recovery against any person or
organization, we waive our right of
recovery against such person or
organization, but only for payments we
make for:
a. "Loss" to which any of the following
applies caused by an act, error or
omission committed subsequent to
the execution of the contract or
agreement:
(1) Any Contractors Professional
Liability Coverage; or
(2) Any Contractors Professional
Liability Loss Mitigation Expenses
Coverage;
b. "Loss" to which any "Pollution
Liability Coverage" applies resulting
from "pollution conditions" that
commence subsequent to the
execution of the contract or
agreement; or
c. "Loss" to which any Contractors
Pollution Loss Mitigation Expenses
Coverage applies resulting from
"faulty work incidents" that are not
first discovered by any "insured" until
subsequent to the execution of the
contract or agreement.
SECTION IX - DEFINITIONS
1. "Agreed mediation":
a. Means a voluntary and non-binding
process that:
(1) Is agreed to by us; and
(2) Involves a qualified professional
mediator facilitating an attempted
settlement of the "claim" between
the "insured" and the person or
organization making the "claim".
b. Does not include any mediation or
alternative dispute resolution that is:
(1) Ordered or imposed by a court; or
(2) Otherwise legally required.
2. "Asbestos pollution conditions":
a. Means any "pollution conditions" that
are:
(1) The disturbance of asbestos or
asbestos fibers if the "pollution
conditions" result from any
activity that is performed on
behalf of any "named insured" by
a subcontractor under a written
contract or agreement with such
"named insured"; or
(2) The inadvertent disturbance of
asbestos or asbestos fibers if the
"pollution conditions" do not
result from any activity that is
performed on behalf of any
"named insured" by a sub-
contractor under a written contract
or agreement with such "named
insured". As used in this
provision, inadvertent disturbance
does not include any discharge,
dispersal, seepage, migration,
release or escape of asbestos or
asbestos fibers during or as a
result of asbestos abatement
operations or any other operations
to test for, monitor, clean up,
POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
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described in Paragraphs (a)(i)
or (ii) above; or
(b) "Property damage" to, or
"pollution clean-up costs" for,
property:
(i) Owned, occupied or used
by; or
(ii) Rented to, in the care,
custody or control of, or
over which physical control
is being exercised for any
purpose by;
any "named insured" or any of
its "employees", any "named
insured's" partners or members
(if it is a partnership or joint
venture), or any "named
insured's" members (if it is a
limited liability company). For
the purposes of any Contractors
Professional Liability Coverage,
this exclusion does not apply
to "property damage" to any
premises, site or location that
is temporarily rented or
occupied by, or temporarily
loaned to, the "named insured"
exclusively for any job site
where operations are being
performed by or on behalf of
such "named insured" that are
part of such "named insured's"
contractor business. For the
purposes of any Contractors
Pollution Liability Coverage and
any Contractors Asbestos
Pollution Liability Coverage,
this exclusion does not apply
to "property damage" to, or
"pollution clean-up costs" for,
any premises, site or location
that is temporarily rented or
occupied by, or temporarily
loaned to, the "named insured"
exclusively for any job site
where "covered operations" are
being performed;
d. Only for the purposes of:
(1) Any Contractors Professional
Liability Coverage, and only with
respect to the conduct of the
"named insured's" contractor
business; and
(2) Any Contractors Pollution Liability
Coverage, any Contractors Asbestos
Pollution Liability Coverage, and
any Non-Owned Disposal Site
Pollution Legal Liability Coverage
if the "non-owned disposal site
pollution conditions" are
"contractor waste non-owned
disposal site pollution conditions",
and only with respect to the
conduct of "covered operations"
for the "named insured's"
business;
the following persons or organizations:
(1) The "named insured's" former or
retired partners who are individuals
and whom such "named insured"
hires or retains as independent
contractors in a contract or
agreement with that former or
retired partner if such "named
insured" is designated in the
Travelers ECP Custom Declarations
as a partnership, but only for their
performance of duties under such
contract or agreement;
(2) The "named insured's" former or
retired members who are
individuals and whom such "named
insured" hires or retains as
independent contractors in a
contract or agreement with that
former or retired member if such
"named insured" is designated in
the Travelers ECP Custom
Declarations as a limited liability
company but only for their
performance of duties under such
contract or agreement; and
(3) The "named insured's" former or
retired "employees" that such
"named insured" hires or retains
as independent contractors in a
contract or agreement with that
former or retired "employee" but
only for their performance of
duties under such contract or
agreement.
However, none of these
"employees" are "insureds" for:
(a) "Loss" because of "bodily
injury" described in Paragraph
c.(7)(a) above; or
(b) "Property damage" or
"pollution clean-up costs"
described in Paragraph c.(7)(b)
above; and
e. Only for the purposes of:
(1) Any Contractors Pollution Liability
Coverage;
(2) Any Contractors Asbestos Pollution
Liability Coverage; and
(3) Any Non-Owned Disposal Site
Pollution Legal Liability Coverage
if the "non-owned disposal site
pollution conditions" are "contractor
POLLUTION AND CONTRACTORS PROFESSIONAL LIABILITY
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waste non-owned disposal site
pollution conditions";
any person or organization that the
"named insured" agreed in a written
contract or agreement to include as
an additional insured under this
insurance.
However, such person or organization
is an "insured" only for "bodily
injury", "property damage" or
"pollution clean-up costs" arising out
of "covered operations" performed by
or on behalf of any "named insured"
and only to the extent that the
"pollution conditions" are caused by
acts or omissions of any "named
insured" or any of such "named
insured's" subcontractors.
Also, the insurance provided to such
person or organization is subject to
the following provisions:
(1) The limits of insurance provided
to such person or organization will
be the minimum limits which the
"named insured" agreed to provide
in the written contract or
agreement, or the limits shown in
the Travelers ECP Custom
Declarations, whichever are less.
(2) The insurance provided to such
person or organization does not
apply to any:
(a) "Bodily injury", "property
damage" or "pollution clean-up
costs" resulting from:
(i) "Pollution conditions" that
commenced before the
written contract or
agreement was signed by
the "named insured"; or
(ii) "Pollution conditions", or
any incident, condition or
other circumstance which
could become "pollution
conditions", that was
known, or reasonably should
have been known, by such
person or organization or by
any of that organization's
employees, and that was
not previously disclosed to
a "responsible person"
before the written contract
or agreement was signed by
the "named insured"; or
(b) "Bodily injury", "property
damage" or "pollution clean-up
costs" arising out of any
"named insured's" operation,
maintenance, or use of
equipment rented or leased
from that person or
organization if the "pollution
conditions" commenced after
the equipment lease expires.
39. "Insured contract" means that part of
any contract or agreement pertaining to
"covered operations" or "your contractor
professional services" under which the
"named insured" assumes the "tort
liability" of another to pay "loss"
sustained or incurred by others.
40. "Lead pollution conditions" means any
"pollution conditions" that are the
discharge, dispersal, seepage, migration,
release or escape of lead, lead
compounds or any material or substance
that contains or incorporates lead.
41. "Leased worker":
a. Means a person hired from a labor
leasing firm under an agreement
between the hirer and that firm to
perform duties related to the conduct
of the hirer's business.
b. Does not include a "temporary
worker".
42. "Loading or unloading" means the
handling of property:
a. After it is moved from the place
where it is accepted for movement
into or onto an "auto", aircraft or
watercraft or into or onto a wheeled
vehicle designed for travel on railroad
tracks;
b. While it is in or on an "auto", aircraft
or watercraft or in or on a wheeled
vehicle designed for travel on railroad
tracks; or
c. While it is being moved from an
"auto", aircraft or watercraft or from
a wheeled vehicle designed for travel
on railroad tracks to the place where
it is finally delivered;
but "loading or unloading" does not
include the movement of property by
means of a mechanical device, other than
a hand truck, that is not attached to the
"auto", aircraft or watercraft or to the
wheeled vehicle designed for travel on
railroad tracks.
43. "Loss" means:
a. For the purposes of any Contractors
Professional Liability Coverage:
(1) Compensatory damages; and
(2) Punitive or exemplary damages if
such damages are insurable under
applicable law.
POLLUTION LIABILITY
Page 8 of 10 ª 2021 The Travelers Indemnity Company. All rights reserved. RP 10 02 10 21
3. Other Insurance
a. As used anywhere in this policy,
other insurance means insurance, or
the funding of losses, that is
provided by, through or on behalf of:
(1) Another insurance company;
(2) Us or any of our affiliated
insurance companies;
(3) Any risk retention group; or
(4) Any self-insurance method or
program, in which case the
"insured" will be deemed to be
the provider of other insurance.
Other insurance does not include
umbrella insurance, or excess
insurance, that was bought specifically
to apply in excess of the Limits of
Insurance shown for this insurance in
the Travelers ECP Custom
Declarations.
b. If valid and collectible other insurance
is available to the "insured" for a
loss covered under this insurance, our
obligations are limited as follows:
(1) This insurance is primary except
when Paragraph (2) below applies.
When this insurance is primary:
(a) If any other insurance is issued
to any "named insured" by us,
or any of our affiliated
insurance companies, this
insurance is primary to that
other insurance, and we will
not share with that other
insurance; and
(b) If any other insurance not
described in Paragraph (a) above
is also primary, we will share
with all that other insurance as
follows:
(i) If all of the other insurance
permits contribution by
equal shares, we will follow
this method also. Under this
approach each provider of
insurance contributes equal
amounts until it has paid its
applicable limit of insurance
or none of the "loss"
remains, whichever comes
first.
(ii) If any of the other
insurance does not permit
contribution by equal shares,
we will contribute by limits.
Under this method, the
share of each provider of
insurance is based on the
ratio of its applicable limit
of insurance to the total
applicable limits of
insurance of all providers of
insurance.
(2) This insurance is excess over any
valid and collectible other
insurance, whether such other
insurance is primary, excess,
contingent or on any other basis:
(a) If the "pollution conditions"
that caused the "loss" are
"auto transportation pollution
conditions";
(b) That only covers one or more
projects specifically described
in it. This paragraph does not
apply to any other insurance
that is available to any person
or organization that:
(i) Is an "insured" under
Paragraph e. of the
definition of "insured"; or
(ii) Is an "insured" under
any additional insured
endorsement issued by us
as part of this policy;
(c) That is available to the
"insured" when the "insured" is
an additional insured, or is any
other insured that does not
qualify as a named insured,
under such other insurance; or
(d) That is available to any person
or organization that:
(i) Is an "insured" under
Paragraph e. of the definition
of "insured"; or
(ii) Is an "insured" under
any additional insured
endorsement issued by us
as part of this policy.
However, if the "named
insured" specifically agrees in
a written contract or agreement
that the insurance provided to
such person or organization
must apply on a primary basis,
or a primary and non-
contributory basis, this
insurance is primary to other
insurance that is available to
such person or organization
which covers that person or
organization as a named
insured, and we will not share
with that other insurance,
provided that the "bodily
injury", "property damage" or
"pollution clean-up costs" for
POLLUTION LIABILITY
RP 10 02 10 21 ª 2021 The Travelers Indemnity Company. All rights reserved. Page 9 of 10
which coverage is sought result
from "pollution conditions" that
commence after the written
contract or agreement was
signed by the "named insured".
(3) When this insurance is excess, we
will have no duty to defend the
"insured" against any "claim" if
any provider of other insurance
has a duty to defend the "insured"
against that "claim". But we will
have the right to associate in the
defense and control of any
"claim" that we reasonably believe
is likely to involve this insurance.
If no provider of other insurance
defends any "claim" for "loss" to
which this insurance applies, we
will undertake to do so, but we
will be entitled to the "insured's"
rights against all those providers
of other insurance.
(4) When this insurance is excess, we
will pay only our share of the
amount of the loss, if any, that
exceeds the sum of:
(a) The total amount that all such
other insurance would pay for
the loss in the absence of this
insurance; and
(b) The total of all deductible and
self-insured amounts under all
such other insurance.
SECTION IV - DEFINITIONS
1. "Applicable Retroactive Date For
Contractors Pollution Liability Coverage"
means:
a. The Retroactive Date For Contractors
Pollution Liability Coverage stated in
the Travelers ECP Custom
Declarations, except when Paragraph
b., c., d., e. or f. below applies.
Paragraph b., c., d., e. or f. below
applies only if coverage for the
"loss" described in that paragraph is
included in this form and the
retroactive date described in that
paragraph is stated in the Travelers
ECP Custom Declarations. If no
Retroactive Date For Contractors
Pollution Liability Coverage is stated
in the Travelers ECP Custom
Declarations, that retroactive date will
be deemed to be the first day of the
"policy period".
b. Any Auto Transportation Pollution
Conditions Contractors Pollution
Liability Retroactive Date stated in the
Travelers ECP Custom Declarations
if the "pollution conditions" that
caused the "loss" are "auto
transportation pollution conditions".
c. Any Fungi Or Bacteria Conditions
Retroactive Date stated in the
Travelers ECP Custom Declarations
if the "pollution conditions" that
caused the "loss" are "fungi or
bacteria conditions".
d. Any Lead Pollution Conditions
Retroactive Date stated in the
Travelers ECP Custom Declarations if
the "pollution conditions" that caused
the "loss" are "lead pollution
conditions".
e. Any Low-Level Radioactivity Pollution
Conditions Retroactive Date stated in
the Travelers ECP Custom
Declarations if the "pollution
conditions" that caused the "loss" are
"low-level radioactivity pollution
conditions".
f. Any Silica Pollution Conditions
Retroactive Date stated in the
Travelers ECP Custom Declarations
if the "pollution conditions" that
caused the "loss" are "silica pollution
conditions".
If more than one retroactive date in
Paragraph b., c., d., e. or f. above applies,
"applicable Retroactive Date For
Contractors Pollution Liability Coverage"
means the latest of such retroactive
dates.
2. "Contractors Pollution Liability Coverage":
a. Means Contractors Pollution Liability
Coverage.
b. Includes Contractors Pollution Liability
coverage that is part of any policy
that provides Contractors Pollution
Liability coverage and any other
coverage.
3. "Coverage territory" means anywhere in
the world.
4. "Financial interest" means the insurable
interest in a "foreign insured
organization" because of:
a. Sole ownership of, or majority
ownership interest in, such "foreign
insured organization", either directly
or through one or more intervening
subsidiaries;
b. Indemnification of, or an obligation to
indemnify:
(1) Such "foreign insured organization"
for a "foreign pollution legal
liability loss" or "foreign
emergency response costs loss";
or
Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON
Project 2025-02 Page 1
APPENDIX A
DAVIS – BACON ACT WAGE DETERIMINATION (1/10/2025)
"General Decision Number: CA20250018 01/10/2025
Superseded General Decision Number: CA20240018
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and
Highway
Counties: Alameda, Calaveras, Contra Costa, Fresno, Kings,
Madera, Mariposa, Merced, Monterey, San Benito, San Francisco,
San Joaquin, San Mateo, Santa Clara, Santa Cruz, Stanislaus and
Tuolumne Counties in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge
work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY
CONSTRUCTION PROJECTS
Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable
minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that
these Executive Orders apply to covered contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon
Related Acts, including those set forth at 29 CFR 5.1(a)(1).
If the contract is entered into on or after
January 30, 2022, or the contract is renewed
or extended (e.g. an option is exercised) on or
after January 30, 2022:
Executive Order 14026 generally applies to
the contract. The contractor must pay all
covered workers at least $17.75 per hour (or
the applicable wage rate listed on this wage
determination, if it is higher) for all hours
spent performing on the contract in 2025.
If the contract was awarded on or between
January 1, 2015 and January 29, 2022 and
the contract is not renewed or extended on or
after January 30, 2022:
Executive Order 13658 generally applies to
the contract. The contractor must pay all
covered workers at least $13.30 per hour (or
the applicable wage rate listed on this wage
determination, if it is higher) for all hours
spent performing on the contract in 2025.
The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered
by one of the Executive Orders and a classification considered necessary for performance of work on the
contract does not appear on this wage determination, the contractor must still submit a conformance
request.
Additional information on contractor requirements and worker protections under the Executive Orders is
available at http://www.dol.gov/whd/govcontracts.
Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON
Project 2025-02 Page 2
Modification Number Publication Date
0 01/03/2025
1 01/10/2025
----------------------------------------------------------------
ASBE0016-004 05/01/2024
AREA 1: CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED,
MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS &
TOULMNE COUNTIES
AREA 2: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA
CLARA COUNTIES
Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal,
scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems,
whether they contain asbestos or not):
Rates Fringes
Area 1......................$ 34.56 11.40
Area 2......................$ 36.53 9.27
----------------------------------------------------------------
ASBE0016-008 01/01/2024
AREA 1: ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO,
SANTA CLARA, & SANTA CRUZ
AREA 2: CALAVERAS, COLUSA, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN,
STANISLAUS, & TUOLUMNE
Asbestos Workers/Insulator (Includes the application of all insulating materials, Protective Coverings,
Coatings, and Finishes to all types of mechanical systems):
Rates Fringes
Area 1......................$ 84.76 25.07
Area 2......................$ 64.56 25.07
----------------------------------------------------------------
BOIL0549-001 01/01/2021
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA CLARA COUNTIES
AREA 2: REMAINING COUNTIES
BOILERMAKER
Rates Fringes
Area 1…...................$ 49.62 41.27
Area 2…...................$ 45.60 38.99
BRCA0003-001 08/01/2023
Rates Fringes
MARBLE FINISHER..................$ 41.18 18.58
----------------------------------------------------------------
BRCA0003-003 08/01/2023
Rates Fringes
MARBLE MASON.....................$ 60.20 28.82
----------------------------------------------------------------
Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON
Project 2025-02 Page 3
BRCA0003-005 05/01/2024
BRICKLAYER
Rates Fringes
( 1) Fresno, Kings, Madera, Mariposa, Merced $ 51.17 25.80
( 7) San Francisco, San Mateo $ 57.02 28.50
( 8) Alameda, Contra Costa, San Benito, Santa Clara $ 56.94 26.28
( 9) Calaveras, San Joaquin, Stanislaus, Toulumne $ 52.76 25.01
(16) Monterey, Santa Cruz $ 54.18 27.82
----------------------------------------------------------------
BRCA0003-008 07/01/2023
Rates Fringes
TERRAZZO FINISHER................ $ 43.90 19.51
TERRAZZO WORKER/SETTER........... $ 59.06 28.31
----------------------------------------------------------------
BRCA0003-011 04/01/2024
AREA 1: Alameda, Contra Costa, Monterey, San Benito, San Francisco, San Mateo, Santa Clara, Santa
Cruz
AREA 2: Calaveras, San Joaquin, Stanislaus, Tuolumne
AREA 3: Fresno, Kings, Madera, Mariposa, Merced
Rates Fringes
TILE FINISHER
Area 1......................$ 37.75 19.28
Area 2......................$ 34.76 19.22
Area 3......................$ 32.68 18.32
Tile Layer
Area 1......................$ 59.92 22.62
Area 2......................$ 55.17 22.52
Area 3......................$ 50.28 22.05
----------------------------------------------------------------
CARP0034-001 07/01/2021
Rates Fringes
Diver
Assistant Tender, ROV
Tender/Technician.......... $ 54.10 34.69
Diver standby............... $ 60.51 34.69
Diver Tender................ $ 59.51 34.69
Diver wet.................. $ 103.62 34.69
Manifold Operator (mixed
gas)........................ $ 64.51 34.69
Manifold Operator (Standby) $ 59.51 34.69
DEPTH PAY (Surface Diving):
050 to 100 ft $2.00 per foot
101 to 150 ft $3.00 per foot
151 to 220 ft $4.00 per foot
221 ft.-deeper $5.00 per foot
SATURATION DIVING:
Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON
Project 2025-02 Page 4
The standby rate shall apply until saturation starts. The saturation diving rate applies when divers are
under pressure continuously until work task and decompression are complete. The diver rate shall be
paid for all saturation hours.
DIVING IN ENCLOSURES:
Where it is necessary for Divers to enter pipes or tunnels, or other enclosures where there is no vertical
ascent, the following premium shall be paid: Distance traveled from entrance 26 feet to 300 feet: $1.00
per foot. When it is necessary for a diver to enter any pipe, tunnel or other enclosure less than 48"" in
height, the premium will be $1.00 per foot.
WORK IN COMBINATION OF CLASSIFICATIONS:
Employees working in any combination of classifications within the diving crew (except dive supervisor)
in a shift are paid in the classification with the highest rate for that shift.
----------------------------------------------------------------
CARP0034-003 07/01/2021
Rates Fringes
Piledriver.......................$ 54.10 34.69
----------------------------------------------------------------
CARP0035-007 07/01/2020
AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa Clara counties
AREA 2: Monterey, San Benito, Santa Cruz Counties
AREA 3: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, San Joaquin, Stanislaus, Tuolumne
Counties
Rates Fringes
Modular Furniture Installer
Area 1
Installer.................. $ 28.76 22.53
Lead Installer............. $ 32.21 23.03
Master Installer........... $ 36.43 23.03
Area 2
Installer.................. $ 26.11 22.53
Lead Installer............. $ 29.08 23.03
Master Installer........... $ 32.71 23.03
Area 3
Installer.................. $ 25.16 22.53
Lead Installer............. $ 27.96 23.03
Master Installer........... $ 31.38 23.03
----------------------------------------------------------------
CARP0035-008 08/01/2020
AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa Clara counties
AREA 2: Monterey, San Benito, Santa Cruz Counties
AREA 3: San Joaquin
AREA 4: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, Stanislaus, Tuolumne Counties
Rates Fringes
Drywall Installers/Lathers:
Area 1......................$ 52.65 31.26
Area 2......................$ 46.77 31.26
Area 3......................$ 47.27 31.26
Area 4......................$ 45.92 31.26
Drywall Stocker/Scrapper
Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON
Project 2025-02 Page 5
Area 1......................$ 26.33 18.22
Area 2......................$ 23.39 18.22
Area 3......................$ 23.64 18.22
Area 4......................$ 22.97 18.22
----------------------------------------------------------------
CARP0405-001 07/01/2021
Santa Clara County
Rates Fringes
Carpenters
Bridge Builder/Highway Carpenter $ 54.85 31.49
Hardwood Floorlayer, Shingler, Power Saw
Operator, Steel Scaffold & Steel Shoring
Erector, Saw Filer....................... $ 55.00 31.49
Journeyman Carpenter........ $ 54.85 31.49
Millwright.................. $ 54.95 33.08
----------------------------------------------------------------
ELEC0332-001 06/01/2024
SANTA CLARA COUNTY
Rates Fringes
CABLE SPLICER........ $ 100.25 46.72
ELECTRICIAN......... $ 87.17 46.33
FOOTNOTES: Work under compressed air or where gas masks are required, or work on ladders,
scaffolds, stacks, ""Bosun's chairs,"" or other structures and where the workers are not protected by
permanent guard rails at a distance of 40 to 60 ft. from the ground or supporting structures: to be paid
one and one-half times the straight-time rate of pay. Work on structures of 60 ft. or over (as described
above) to be paid twice the straight-time rate of pay.
----------------------------------------------------------------
* ELEC0332-003 12/01/2024
SANTA CLARA COUNTY
Rates Fringes
Sound & Communications
Installer................... $ 56.68 28.35
Technician.................. $ 65.18 28.61
SCOPE OF WORK: Including any data system whose only function is to transmit or receive
information; excluding all other data systems or multiple systems which include control function or power
supply; inclusion or exclusion of terminations and testings of conductors determined by their function;
excluding fire alarm work when installed in raceways (including wire and cable pulling) and when
performed on new or major remodel building projects or jobs for which the conductors for the fire alarm
system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial
work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level
having building access); excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects
which involve new or major remodel building construction, for which the conductors for the fire alarm
system are installed in the conduit, shall be performed by the inside electrician.
Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON
Project 2025-02 Page 6
----------------------------------------------------------------
ELEC1245-001 06/01/2024
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer.. $ 70.16 24.46
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment)............. $ 53.30 22.01
(3) Groundman............... $ 40.76 21.51
(4) Powderman............... $ 51.87 18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans
Day, Thanksgiving Day and day after Thanksgiving, Christmas Day
----------------------------------------------------------------
ELEV0008-001 01/01/2024
Rates Fringes
ELEVATOR MECHANIC................ $ 80.76 37.885+a+b
FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for
employees with more than 5 years of service, and 6% for 6 months to 5 years of service.
b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans'
Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.
----------------------------------------------------------------
ENGI0003-001 06/28/2023
""AREA 1"" WAGE RATES ARE LISTED BELOW
""AREA 2"" RECEIVES AN ADDITIONAL $2.00 PER HOUR ABOVE AREA 1
RATES.
AREA DESCRIPTIONS:
POWER EQUIPMENT OPERATORS, CRANES AND ATTACHMENTS,TUNNEL AND UNDERGROUND
[These areas do not apply to Piledrivers and Steel Erectors]
AREA 1: ALAMEDA, CALAVERAS, CONTRA COSTA, FRESNO, KINGS, MADERA, MARIPOSA,
MERCED, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA
CLARA, SANTA CRUZ, STANISLAUS, TUOLUMNE
Rates Fringes
OPERATOR: Power Equipment (AREA 1:)
GROUP 1..................... $ 60.72 31.03
GROUP 2..................... $ 59.19 31.03
GROUP 3..................... $ 57.71 31.03
GROUP 4..................... $ 56.33 31.03
GROUP 5.................... .$ 55.06 31.03
GROUP 6.................... .$ 53.74 31.03
GROUP 7..................... $ 52.60 31.03
GROUP 8..................... $ 51.46 31.03
GROUP 8-A................... $ 49.25 31.03
Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON
Project 2025-02 Page 7
OPERATOR: Power Equipment (Cranes and Attachments – (AREA 1:)
GROUP 1
Cranes............... $ 52.30 31.15
Oiler............... $ 43.79 31.15
Truck crane oiler.......... $ 46.08 31.15
GROUP 2
Cranes..................... $ 50.54 31.15
Oiler...................... $ 42.83 31.15
Truck crane oiler.......... $ 45.07 31.15
GROUP 3
Cranes..................... $ 48.80 31.15
Hydraulic.................. $ 44.44 31.15
Oiler...................... $ 42.55 31.15
Truck crane oiler.......... $ 44.83 31.15
GROUP 4
Cranes..................... $ 45.76 31.15
OPERATOR: Power Equipment (Piledriving - AREA 1:)
GROUP 1
Lifting devices............ $ 52.64 31.15
Oiler...................... $ 43.38 31.15
Truck Crane Oiler.......... $ 45.66 31.15
GROUP 2
Lifting devices............ $ 50.82 31.15
Oiler...................... $ 43.11 31.15
Truck Crane Oiler.......... $ 45.41 31.15
GROUP 3
Lifting devices............ $ 49.14 31.15
Oiler...................... $ 42.89 31.15
Truck Crane Oiler.......... $ 45.12 31.15
GROUP 4
Lifting devices............ $ 47.37 31.15
GROUP 5
Lifting devices............ $ 44.73 31.15
GROUP 6
Lifting devices............ $ 42.50 31.15
OPERATOR: Power Equipment (Steel Erection - AREA 1:)
GROUP 1
Cranes..................... $ 53.27 31.15
Oiler..................... $ 43.72 31.15
Truck Crane Oiler.......... $ 45.95 31.15
GROUP 2
Cranes..................... $ 51.50 31.15
Oiler...................... $ 43.45 31.15
Truck Crane Oiler.......... $ 45.73 31.15
GROUP 3
Cranes..................... $ 50.02 31.15
Hydraulic.................. $ 45.07 31.15
Oiler...................... $ 43.23 31.15
Truck Crane Oiler.......... $ 45.46 31.15
GROUP 4
Cranes..................... $ 48.00 31.15
GROUP 5
Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON
Project 2025-02 Page 8
Cranes..................... $ 46.70 31.15
OPERATOR: Power Equipment (Tunnel and Underground Work - AREA 1:)
SHAFTS, STOPES, RAISES:
GROUP 1.................... $ 56.82 31.03
GROUP 1-A.................. $ 59.29 31.03
GROUP 2.................... $ 55.56 31.03
GROUP 3.................... $ 54.23 31.03
GROUP 4.................... $ 53.09 31.03
GROUP 5.................... $ 51.95 31.03
UNDERGROUND:
GROUP 1.................... $ 56.72 31.03
GROUP 1-A.................. $ 59.19 31.03
GROUP 2.................... $ 55.46 31.03
GROUP 3.................... $ 54.13 31.03
GROUP 4.................... $ 52.99 31.03
GROUP 5.................... $ 51.85 31.03
FOOTNOTE: Work suspended by ropes or cables, or work on a Yo-Yo Cat: $.60 per hour additional.
POWER EQUIPMENT OPERATOR CLASSIFICATIONS
GROUP 1: Operator of helicopter (when used in erection work); Hydraulic excavator, 7 cu. yds. and
over; Power shovels, over 7 cu. yds.
GROUP 2: Highline cableway; Hydraulic excavator, 3-1/2 cu. yds. up to 7 cu. yds.; Licensed
construction work boat operator, on site; Power blade operator (finish); Power shovels, over 1 cu. yd. up
to and including 7 cu. yds. m.r.c.
GROUP 3: Asphalt milling machine; Cable backhoe; Combination backhoe and loader over 3/4 cu. yds.;
Continuous flight tie back machine assistant to engineer or mechanic; Crane mounted continuous flight tie
back machine, tonnage to apply; Crane mounted drill attachment, tonnage to apply; Dozer, slope brd;
Gradall; Hydraulic excavator, up to 3 1/2 cu. yds.; Loader 4 cu. yds. and over; Long reach excavator;
Multiple engine scraper (when used as push pull); Power shovels, up to and including 1 cu. yd.; Pre-
stress wire wrapping machine; Side boom cat, 572 or larger; Track loader 4 cu. yds. and over; Wheel
excavator (up to and including 750 cu. yds. per hour)
GROUP 4: Asphalt plant engineer/box person; Chicago boom; Combination backhoe and loader up to
and including 3/4 cu. yd.; Concrete batch plant (wet or dry); Dozer and/or push cat; Pull- type elevating
loader; Gradesetter, grade checker (GPS, mechanical or otherwise); Grooving and grinding machine;
Heading shield operator; Heavy-duty drilling equipment, Hughes, LDH, Watson 3000 or similar; Heavy-
duty repairperson and/or welder; Lime spreader; Loader under 4 cu. yds.; Lubrication and service
engineer (mobile and grease rack); Mechanical finishers or spreader machine (asphalt, Barber-Greene
and similar); Miller Formless M-9000 slope paver or similar; Portable crushing and screening plants;
Power blade support; Roller operator, asphalt; Rubber-tired scraper, self-loading (paddle-wheels, etc.);
Rubber- tired earthmoving equipment (scrapers); Slip form paver (concrete); Small tractor with drag; Soil
stabilizer (P & H or equal); Spider plow and spider puller; Tubex pile rig; Unlicensed construction work
boat operator, on site; Timber skidder; Track loader up to 4 yds.; Tractor-drawn scraper; Tractor,
compressor drill combination; Welder; Woods-Mixer (and other similar Pugmill equipment)
GROUP 5: Cast-in-place pipe laying machine; Combination slusher and motor operator; Concrete
conveyor or concrete pump, truck or equipment mounted; Concrete conveyor, building site; Concrete
pump or pumpcrete gun; Drilling equipment, Watson 2000, Texoma 700 or similar; Drilling and boring
machinery, horizontal (not to apply to waterliners, wagon drills or jackhammers); Concrete mixer/all;
Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON
Project 2025-02 Page 9
Person and/or material hoist; Mechanical finishers (concrete) (Clary, Johnson, Bidwell Bridge Deck or
similar types); Mechanical burm, curb and/or curb and gutter machine, concrete or asphalt); Mine or shaft
hoist; Portable crusher; Power jumbo operator (setting slip-forms, etc., in tunnels); Screed (automatic or
manual); Self-propelled compactor with dozer; Tractor with boom D6 or smaller; Trenching machine,
maximum digging capacity over 5 ft. depth; Vermeer T-600B rock cutter or similar
GROUP 6: Armor-Coater (or similar); Ballast jack tamper; Boom- type backfilling machine; Assistant
plant engineer; Bridge and/or gantry crane; Chemical grouting machine, truck-mounted; Chip spreading
machine operator; Concrete saw (self-propelled unit on streets, highways, airports and canals); Deck
engineer; Drilling equipment Texoma 600, Hughes 200 Series or similar up to and including 30 ft. m.r.c.;
Drill doctor; Helicopter radio operator; Hydro-hammer or similar; Line master; Skidsteer loader, Bobcat
larger than 743 series or similar (with attachments); Locomotive; Lull hi-lift or similar; Oiler, truck mounted
equipment; Pavement breaker, truck-mounted, with compressor combination; Paving fabric installation
and/or laying machine; Pipe bending machine (pipelines only); Pipe wrapping machine (tractor propelled
and supported); Screed (except asphaltic concrete paving); Self- propelled pipeline wrapping machine;
Tractor; Self-loading chipper; Concrete barrier moving machine
GROUP 7: Ballast regulator; Boom truck or dual-purpose A-frame truck, non-rotating - under 15 tons;
Cary lift or similar; Combination slurry mixer and/or cleaner; Drilling equipment, 20 ft. and under m.r.c.;
Firetender (hot plant); Grouting machine operator; Highline cableway signalperson; Stationary belt loader
(Kolman or similar); Lift slab machine (Vagtborg and similar types); Maginnes internal full slab vibrator;
Material hoist (1 drum); Mechanical trench shield; Pavement breaker with or without compressor
combination); Pipe cleaning machine (tractor propelled and supported); Post driver; Roller (except
asphalt); Chip Seal; Self-propelled automatically applied concrete curing mahcine (on streets, highways,
airports and canals); Self-propelled compactor (without dozer); Signalperson; Slip-form pumps (lifting
device for concrete forms); Tie spacer; Tower mobile; Trenching machine, maximum digging capacity up
to and including 5 ft. depth; Truck- type loader
GROUP 8: Bit sharpener; Boiler tender; Box operator; Brakeperson; Combination mixer and compressor
(shotcrete/gunite); Compressor operator; Deckhand; Fire tender; Forklift (under 20 ft.); Generator;
Gunite/shotcrete equipment operator; Hydraulic monitor; Ken seal machine (or similar); Mixermobile;
Oiler; Pump operator; Refrigeration plant; Reservoir-debris tug (self- propelled floating); Ross Carrier
(construction site); Rotomist operator; Self-propelled tape machine; Shuttlecar; Self-propelled power
sweeper operator (includes vacuum sweeper); Slusher operator; Surface heater; Switchperson; Tar pot
firetender; Tugger hoist, single drum; Vacuum cooling plant; Welding machine (powered other than by
electricity)
GROUP 8-A: Elevator operator; Skidsteer loader-Bobcat 743 series or smaller, and similar (without
attachments); Mini excavator under 25 H.P. (backhoe-trencher); Tub grinder wood chipper
----------------------------------------------------------
ALL CRANES AND ATTACHMENTS
GROUP 1: Clamshell and dragline over 7 cu. yds.; Crane, over 100 tons; Derrick, over 100 tons; Derrick
barge pedestal-mounted, over 100 tons; Self-propelled boom-type lifting device, over 100 tons
GROUP 2: Clamshell and dragline over 1 cu. yd. up to and including 7 cu. yds.; Crane, over 45 tons up
to and including 100 tons; Derrick barge, 100 tons and under; Self-propelled boom-type lifting device,
over 45 tons; Tower crane
GROUP 3: Clamshell and dragline up to and including 1 cu. yd.; Cranes 45 tons and under; Self-
propelled boom-type lifting device 45 tons and under;
Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON
Project 2025-02 Page 10
GROUP 4: Boom Truck or dual purpose A-frame truck, non-rotating over 15 tons; Truck-mounted
rotating telescopic boom type lifting device, Manitex or similar (boom truck) over 15 tons; Truck-mounted
rotating telescopic boom type lifting device, Manitex or similar (boom truck) - under 15 tons;
-----------------------------------------------------------
PILEDRIVERS
GROUP 1: Derrick barge pedestal mounted over 100 tons; Clamshell over 7 cu. yds.; Self-propelled
boom-type lifting device over 100 tons; Truck crane or crawler, land or barge mounted over 100 tons
GROUP 2: Derrick barge pedestal mounted 45 tons to and including 100 tons; Clamshell up to and
including 7 cu. yds.; Self-propelled boom-type lifting device over 45 tons; Truck crane or crawler, land or
barge mounted, over 45 tons up to and including 100 tons; Fundex F-12 hydraulic pile rig
GROUP 3: Derrick barge pedestal mounted under 45 tons; Self- propelled boom-type lifting device 45
tons and under; Skid/scow piledriver, any tonnage; Truck crane or crawler, land or barge mounted 45
tons and under
GROUP 4: Assistant operator in lieu of assistant to engineer; Forklift, 10 tons and over; Heavy-duty
repairperson/welder
GROUP 5: Deck engineer
GROUP 6: Deckhand; Fire tender
-------------------------------------------------------------
STEEL ERECTORS
GROUP 1: Crane over 100 tons; Derrick over 100 tons; Self- propelled boom-type lifting device over 100
tons
GROUP 2: Crane over 45 tons to 100 tons; Derrick under 100 tons; Self-propelled boom-type lifting
device over 45 tons to 100 tons; Tower crane
GROUP 3: Crane, 45 tons and under; Self-propelled boom-type lifting device, 45 tons and under
GROUP 4: Chicago boom; Forklift, 10 tons and over; Heavy-duty repair person/welder
GROUP 5: Boom cat
--------------------------------------------------------------
--
TUNNEL AND UNDERGROUND WORK
GROUP 1-A: Tunnel bore machine operator, 20' diameter or more
GROUP 1: Heading shield operator; Heavy-duty repairperson; Mucking machine (rubber tired, rail or
track type); Raised bore operator (tunnels); Tunnel mole bore operator
GROUP 2: Combination slusher and motor operator; Concrete pump or pumpcrete gun; Power jumbo
operator
GROUP 3: Drill doctor; Mine or shaft hoist
GROUP 4: Combination slurry mixer cleaner; Grouting Machine operator; Motorman
Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON
Project 2025-02 Page 11
GROUP 5: Bit Sharpener; Brakeman; Combination mixer and compressor (gunite); Compressor
operator; Oiler; Pump operator; Slusher operator
-----------------------------------------------------------
ENGI0003-008 08/01/2024
Dredging: (DREDGING: CLAMSHELL & DIPPER DREDGING; HYDRAULIC SUCTION DREDGING:)
AREA 1: ALAMEDA,BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED, NAPA, SACRAMENTO,
SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ,
SOLANO, STANISLAUS, SUTTER, YOLO, AND YUBA COUNTIES
Rates Fringes
AREA 1:
(1) Leverman............... $ 60.61 39.55
(2) Dredge Dozer; Heavy
duty repairman............. $ 55.65 39.55
(3) Booster Pump
Operator; Deck
Engineer; Deck mate;
Dredge Tender; Winch
Operator................... $ 54.53 39.55
(4) Bargeman; Deckhand;
Fireman; Leveehand; Oiler.. $ 51.23 39.55
AREA 2:
(1) Leverman............... $ 62.61 39.55
(2) Dredge Dozer; Heavy
duty repairman............. $ 57.65 39.55
(3) Booster Pump
Operator; Deck
Engineer; Deck mate;
Dredge Tender; Winch
Operator................... $ 56.53 39.55
(4) Bargeman; Deckhand;
Fireman; Leveehand; Oiler.. $ 53.23 39.55
----------------------------------------------------------------
ENGI0003-019 07/01/2024
AREA 1: ALAMEDA, BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED, NAPA, SACRAMENTO,
SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ,
SOLANO, STANISLAUS, SUTTER, YOLO, AND YUBA COUNTIES
Rates Fringes
OPERATOR: Power Equipment (LANDSCAPE WORK ONLY)
GROUP 1
AREA 1.....................$ 52.40 28.52
AREA 2.....................$ 54.40 28.52
GROUP 2
AREA 1.....................$ 48.80 28.52
AREA 2.....................$ 50.80 28.52
GROUP 3
AREA 1.....................$ 44.19 28.52
AREA 2.....................$ 46.19 28.52
Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON
Project 2025-02 Page 12
GROUP DESCRIPTIONS:
GROUP 1: Landscape Finish Grade Operator: All finish grade work regardless of equipment used, and
all equipment with a rating more than 65 HP.
GROUP 2: Landscape Operator up to 65 HP: All equipment with a manufacturer's rating of 65 HP or
less except equipment covered by Group 1 or Group 3. The following equipment shall be included except
when used for finish work as long as manufacturer's rating is 65 HP or less: A-Frame and Winch Truck,
Backhoe, Forklift, Hydragraphic Seeder Machine, Roller, Rubber-Tired and Track Earthmoving
Equipment, Skiploader, Straw Blowers, and Trencher 31 HP up to 65 HP.
GROUP 3: Landscae Utility Operator: Small Rubber-Tired Tractor, Trencher Under 31 HP.
----------------------------------------------------------------
IRON0377-001 01/01/2024
ALAMEDA, CONTRA COSTA, SAN MATEO, SANTA CLARA COUNTIES
Rates Fringes
Ironworkers:
Fence Erector............... $ 42.53 26.26
Ornamental, Reinforcing
and Structural............. .$ 52.08 34.90
PREMIUM PAY:
$6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate
Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-
Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine
Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB
$4.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon
Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
$2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard
Station - Two Rock
----------------------------------------------------------------
LABO0067-006 07/01/2024
AREA ""1"" - ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA
COUNTIES
AREA ""2"" - CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN
BENITO, SAN JOAQUIN, STANISLAUS, AND TUOLUMNE COUNTIES
Rates Fringes
LABORER (ASBESTOS/MOLD/LEAD LABORER)
Area 1...................... $ 37.75 29.69
Area 2...................... $ 36.75 29.69
ASBESTOS REMOVAL-SCOPE OF WORK: Site mobilization; initial site clean-up; site preparation;
removal of asbestos-containing materials from walls and ceilings; or from pipes, boilers and mechanical
systems only if they are being scrapped; encapsulation, enclosure and disposal of asbestos-containing
Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON
Project 2025-02 Page 13
materials by hand or with equipment or machinery; scaffolding; fabrication of temporary wooden barriers;
and assembly of decontamination stations.
----------------------------------------------------------------
LABO0073-005 06/26/2023
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1..................... $ 45.89 27.72
GROUP 2..................... $ 45.66 27.72
GROUP 3..................... $ 45.41 27.72
GROUP 4..................... $ 44.96 27.72
GROUP 5..................... $ 44.42 27.72
Shotcrete Specialist........ $ 46.41 27.72
TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted;
Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete
gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man
on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete
Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman
(wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck
tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew -
includes rodding and spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
----------------------------------------------------------------
LABORER CLASSIFICATIONS
CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection
with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or
similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill;
Hydraulic drill
GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile;
Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including
Leade Abatement; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete
pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it
machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard, Hubsetter,
aligner, by any method; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure/over); Hydro seeder
and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type
compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar
type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting,
whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet
or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader,
including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying);
Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON
Project 2025-02 Page 14
Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom
sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap
stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions
and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch;
Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber;
Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker
(lead removal); Asbestos and mold removal worker
GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track
driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power;
Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of
loading, placing and blasting of all powder and explosives of whatever type regardless of method used for
such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder
GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner""
means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those
who work inside recently active, large diameter sewers, and all recently active sewer manholes shal
receive $5.00 per day above Group 1 wage rates.
GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar
type welding
GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered
herein shall receive $ .25 per hour above their regular rate for all work performed on underground
structures not specifically covered herein. This paragraph shall not be construed to apply to work below
ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary
cover has been placed.
GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings.
(A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the
commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would
apply to all employees for each and every day worked on or in the excavation of the footing from the date
of inception.
GROUP 1-f: Wire winding machine in connection with guniting or shotcrete
GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and
rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete
laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure
nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling
of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type
brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric
tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches
GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person;
Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting;
Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road
beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar;
Tool room attendant (jobsite only)
GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street
cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The
classification ""material cleaner"" is to be utilized under the following conditions:
A: at demolition site for the salvage of the material.
Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON
Project 2025-02 Page 15
B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on
another job.
C: for the cleaning of salvage material at the jobsite or temporary jobsite yard.
The material cleaner classification should not be used in the performance of ""form stripping, cleaning
and oiling and moving to the next point of erection"".
--------------------------------------------------------
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Structural Nozzleman
GROUP 2: Nozzleman, Gunman, Potman, Groundman
GROUP 3: Reboundman
GROUP 4: Gunite laborer
----------------------------------------------------------
WRECKING WORK LABORER CLASSIFICATIONS
GROUP 1: Skilled wrecker (removing and salvaging of sash,
windows and materials)
GROUP 2: Semi-skilled wrecker (salvaging of other building
materials)
----------------------------------------------------------------
LABO0270-003 07/01/2023
AREA A: SANTA CLARA
AREA B: MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES
Rates Fringes
LABORER (TRAFFIC CONTROL/LANE
CLOSURE)
Escort Driver, Flag Person
Area A..................... $ 37.26 27.30
Area B..................... $ 36.26 27.30
Traffic Control Person I
Area A..................... $ 37.56 27.30
Area B..................... $ 36.56 27.30
Traffic Control Person II
Area A..................... $ 35.06 27.30
Area B..................... $ 34.06 27.30
TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and
roadside signage.
TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs, markers,
delineators and crash cushions.
Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON
Project 2025-02 Page 16
----------------------------------------------------------------
LABO0270-004 06/26/2023
MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES
Rates Fringes
Tunnel and Shaft Laborers:
GROUP 1.................... .$ 45.89 27.72
GROUP 2..................... $ 45.66 27.72
GROUP 3.................... .$ 45.41 27.72
GROUP 4..................... $ 44.96 27.72
GROUP 5..................... $ 44.42 27.72
Shotcrete Specialist........ $ 46.41 27.72
TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted;
Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete
gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man
on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete
Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman
(wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck
tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew -
includes rodding and spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
----------------------------------------------------------------
LABO0270-011 07/01/2023
MONTEREY, SAN BENITO, SANTA CRUZ, SANTA CLARA COUNTIES
Rates Fringes
LABORER (Plaster Tender)......... $ 40.68 29.68
Work on a swing stage scaffold: $1.00 per hour additional.
----------------------------------------------------------------
PAIN0016-001 01/01/2024
ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN MATEO, SANTA CLARA, AND SANTA
CRUZ COUNTIES
Rates Fringes
Painters:........................ $ 50.51 27.66
PREMIUMS:
EXOTIC MATERIALS - $1.25 additional per hour.
SPRAY WORK: - $0.50 additional per hour.
Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON
Project 2025-02 Page 17
INDUSTRIAL PAINTING - $0.25 additional per hour
[Work on industrial buildings used for the manufacture and processing of goods for sale or service; steel
construction (bridges), stacks, towers, tanks, and similar structures]
HIGH WORK:
over 50 feet - $2.00 per hour additional
100 to 180 feet - $4.00 per hour additional
Over 180 feet - $6.00 per houir additional
----------------------------------------------------------------
PAIN0016-003 01/01/2024
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA CLARA COUNTIES
AREA 2: CALAVERAS, MARIPOA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA
CRUZ, STANISLAUS & TUOLUMNE COUNTIES
Rates Fringes
Drywall Finisher/Taper
AREA 1...................... $ 60.41 31.34
AREA 2...................... $ 56.28 29.94
----------------------------------------------------------------
PAIN0016-012 01/01/2024
ALAMEDA, CONTRA COSTA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN FRANCISCO,
SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES
Rates Fringes
SOFT FLOOR LAYER............. $ 59.00 33.03
----------------------------------------------------------------
PAIN0169-005 01/01/2024
ALAMEDA CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA
CLARA & SANTA CRUZ COUNTIES
Rates Fringes
GLAZIER.......................... $ 56.22 34.00
----------------------------------------------------------------
PAIN1176-001 07/01/2022
HIGHWAY IMPR0VEMENT
Rates Fringes
Parking Lot Striping/Highway
Marking:
GROUP 1..................... $ 40.83 17.62
GROUP 2..................... $ 34.71 17.62
GROUP 3..................... $ 35.11 17.62
CLASSIFICATIONS
GROUP 1: Striper: Layout and application of painted traffic
stripes and marking; hot thermo plastic; tape, traffic
stripes and markings
GROUP 2: Gamecourt & Playground Installer
GROUP 3: Protective Coating, Pavement Sealing
Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON
Project 2025-02 Page 18
----------------------------------------------------------------
PLAS0300-001 07/01/2018
Rates Fringes
PLASTERER
AREA 188: Fresno........... $ 32.70 31.68
AREA 224: San Benito, Santa Clara, Santa Cruz.... $ 32.88 31.68
AREA 295: Calaveras & San Joaquin Counties... $ 32.70 31.68
AREA 337: Monterey County.. $ 32.88 31.68
AREA 429: Mariposa, Merced, Stanislaus,
Tuolumne Counties........... $ 32.70 31.68
----------------------------------------------------------------
PLAS0300-005 07/01/2016
Rates Fringes
CEMENT MASON/CONCRETE FINISHER... $ 32.15 23.27
----------------------------------------------------------------
PLUM0355-004 07/01/2024
ALAMEDA, CALAVERAS, CONTRA COSTA, FRESNO, KINGS, MADERA, MARIPOSA, MERCED,
MONTEREY, SAN BENITO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ,
STANISLAUS, AND TUOLUMNE COUNTIES:
Rates Fringes
Underground Utility Worker
/Landscape Fitter...........$ 34.51 18.30
----------------------------------------------------------------
PLUM0393-001 07/01/2021
SAN BENITO AND SANTA CLARA COUNTIES
Rates Fringes
PLUMBER/PIPEFITTER...............$ 68.76 46.63
----------------------------------------------------------------
ROOF0095-002 08/01/2023
MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES:
Rates Fringes
ROOFER
Bitumastic, Enameler, Coal
Tar, Pitch and Mastic
worker......................$ 57.17 21.51
Journeyman..................$ 53.17 21.51
Kettle person (2 kettles)...$ 55.17 21.51
----------------------------------------------------------------
SFCA0483-001 08/01/2024
ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES:
Rates Fringes
SPRINKLER FITTER (FIRE)..........$ 79.13 38.51
----------------------------------------------------------------
Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON
Project 2025-02 Page 19
SHEE0104-001 07/01/2020
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO, SANTA CLARA
AREA 2: MONTEREY & SAN BENITO
AREA 3: SANTA CRUZ
SHEET METAL WORKER
Rates Fringes
AREA 1:
Mechanical Contracts
under $200,000............. $ 55.92 45.29
All Other Work............. $ 64.06 46.83
AREA 2...................... $ 52.90 36.44
AREA 3..................... . $ 55.16 34.18
----------------------------------------------------------------
SHEE0104-015 07/01/2020
ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA
CLARA AND SANTA CRUZ COUNTIES:
Rates Fringes
SHEET METAL WORKER (Metal Decking and Siding only) $ 44.45 35.55
----------------------------------------------------------------
TEAM0094-001 07/01/2024
Truck drivers:
Rates Fringes
GROUP 1..................... $ 41.54 33.25
GROUP 2..................... $ 41.84 33.25
GROUP 3..................... $ 42.14 33.25
GROUP 4..................... $ 42.49 33.25
GROUP 5..................... $ 42.84 33.25
FOOTNOTES:
Articulated dump truck; Bulk cement spreader (with or without auger); Dumpcrete truck; Skid truck
(debris box); Dry pre-batch concrete mix trucks; Dumpster or similar type; Slurry truck: Use dump truck
yardage rate. Heater planer; Asphalt burner; Scarifier burner; Industrial lift truck (mechanical tailgate);
Utility and clean-up truck: Use appropriate rate for the power unit or the equipment utilized.
TRUCK DRIVER CLASSIFICATIONS
GROUP 1: Dump trucks, under 6 yds.; Single unit flat rack (2- axle unit); Nipper truck (when flat rack
truck is used appropriate flat rack shall apply); Concrete pump truck (when flat rack truck is used
appropriate flat rack shall apply); Concrete pump machine; Fork lift and lift jitneys; Fuel and/or grease
truck driver or fuel person; Snow buggy; Steam cleaning; Bus or personhaul driver; Escort or pilot car
driver; Pickup truck; Teamster oiler/greaser and/or serviceperson; Hook tender (including loading and
unloading); Team driver; Tool room attendant (refineries)
GROUP 2: Dump trucks, 6 yds. and under 8 yds.; Transit mixers, through 10 yds.; Water trucks, under
7,000 gals.; Jetting trucks, under 7,000 gals.; Single-unit flat rack (3-axle unit); Highbed heavy duty
transport; Scissor truck; Rubber-tired muck car (not self-loaded); Rubber-tired truck jumbo; Winch truck
and ""A"" frame drivers; Combination winch truck with hoist; Road oil truck or bootperson; Buggymobile;
Ross, Hyster and similar straddle carriers; Small rubber-tired tractor
Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON
Project 2025-02 Page 20
GROUP 3: Dump trucks, 8 yds. and including 24 yds.; Transit mixers, over 10 yds.; Water trucks, 7,000
gals. and over; Jetting trucks, 7,000 gals. and over; Vacuum trucks under 7500 gals. Trucks towing tilt
bed or flat bed pull trailers; Lowbed heavy duty transport; Heavy duty transport tiller person; Self-
propelled street sweeper with self-contained refuse bin; Boom truck - hydro-lift or Swedish type extension
or retracting crane; P.B. or similar type self-loading truck; Tire repairperson; Combination bootperson and
road oiler; Dry distribution truck (A bootperson when employed on such equipment, shall receive the rate
specified for the classification of road oil trucks or bootperson); Ammonia nitrate distributor, driver and
mixer; Snow Go and/or plow
GROUP 4: Dump trucks, over 25 yds. and under 65 yds.; Water pulls - DW 10's, 20's, 21's and other
similar equipment when pulling Aqua/pak or water tank trailers; Helicopter pilots (when transporting men
and materials); Lowbedk Heavy Duty Transport up to including 7 axles; DW10's, 20's, 21's and other
similar Cat type, Terra Cobra, LeTourneau Pulls, Tournorocker, Euclid and similar type equipment when
pulling fuel and/or grease tank trailers or other miscellaneous trailers; Vacuum Trucks 7500 gals and over
and truck repairman
GROUP 5: Dump trucks, 65 yds. and over; Holland hauler; Low bed Heavy Duty Transport over 7 axles
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================
** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026
($17.75) or 13658 ($13.30). Please see the Note at the top of the wage determination for more
information. Please also note that the minimum wage requirements of Executive Order 14026 are not
currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or
Mississippi, including their agencies, are a party.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all
contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was
issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave
each year.
Employees must be permitted to use paid sick leave for their own illness, injury or other health-related
needs, including preventive care; to assist a family member (or person who is like family to the employee)
who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting
from, or to assist a family member (or person who is like family to the employee) who is a victim of,
domestic violence, sexual assault, or stalking. Additional information on contractor requirements and
worker protections under the EO is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within the scope of the classifications listed may be
added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).
----------------------------------------------------------------
The body of each wage determination lists the classifications and wage rates that have been found to be
prevailing for the type(s) of construction and geographic area covered by the wage determination. The
classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is
a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state
adopted rate, or a supplemental classification rate.
Union Rate Identifiers
Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON
Project 2025-02 Page 21
A four-letter identifier beginning with characters other than ""SU"", ""UAVG"", ?SA?, or ?SC? denotes that
a union rate was prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2024.
PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this
classification, which in this example would be Plumbers. 0198 indicates the local union number or district
council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an
internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the
effective date of the most current negotiated rate.
Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the
rates in the collective bargaining agreement (CBA) governing the classification.
Union Average Rate Identifiers
The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the
data reported for the classifications reflected union rates. EXAMPLE: UAVG-OH-0010 01/01/2024. UAVG
indicates that the rate is a weighted union average rate. OH indicates the State of Ohio.The next number,
0010 in the example, is an internal number used in producing the wage determination. The date,
01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most
current union average rate.
A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current
rates in the collective bargaining agreements on which the rate is based.
Survey Rate Identifiers
The ""SU"" identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for
this classification in the survey or that the rate was derived by computing a weighted average rate based
on all the rates reported in the survey for that classification. As a weighted average rate includes all rates
reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007
6/27/2024. SU indicates the rate is a single non-union prevailing rate or a weighted average of survey
data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these
classifications and rates are based. The next number, 007 in the example, is an internal number used in
producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion
date for the classifications and rates under that identifier.
?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour
Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1).
State Adopted Rate Identifiers
The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local)
government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects
that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state
completed the survey on which the listed classifications and rates are based. The next number, 007 in the
example, is an internal number used in producing the wage determination. The date, 01/03/2024 in the
example, reflects the date on which the classifications and rates under the ?SA? identifier took effect
under state law in the state from which the rates were adopted.
-----------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1) Has there been an initial decision in the matter? This can be:
a) a survey underlying a wage determination
b) an existing published wage determination
Photovoltaic Systems Design and Installation Project APPENDIX A – DAVIS-BACON
Project 2025-02 Page 22
c) an initial WHD letter setting forth a position on a wage determination matter
d) an initial conformance (additional classification and rate) determination
On survey related matters, initial contact, including requests for summaries of surveys, should be directed
to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov
or by mail to:
Branch of Wage Surveys
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
Regarding any other wage determination matter such as conformance decisions, requests for initial
decisions should be directed to the WHD Branch of Construction Wage Determinations. Requests can be
submitted via email to BCWD-Office@dol.gov or by mail to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2) If an initial decision has been issued, then any interested party (those affected by the action) that
disagrees with the decision can request review and reconsideration from the Wage and Hour
Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Requests for review and reconsideration can be
submitted via email to dba.reconsideration@dol.gov or by mail to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and any
information (wage payment data, project description, area practice material, etc.) that the requestor
considers relevant to the issue.
3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the
Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210.
================================================================
END OF APPENDIX A
City of Cupertino Statement of Qualifications to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
CITY OF CUPERTINO
Proposal to Provide Design-Build Services for the Cupertino Photovoltaic
Systems Design and Installation Project
Presented to:
City of Cupertino Public Works Department 10555 Mary Avenue
Cupertino, CA 95014
Presented by:
Syserco Energy Solutions, Inc.
December 23, 2024
The information contained in this document and all attached documents is strictly confidential and contains
proprietary information. It may only be used by the named addressee(s) and is also subject to the terms of any other
confidentiality or nondisclosure agreement between parties. A. Cover Lette
DOCUMENT 1.2
RFP SUBMITTAL
12/27/2024
DOCUMENT 1.2
RFP SUBMITTAL
12/27/2024
SYSERCO ENERGY SOLUTIONS, INC. 215 Fourier Avenue Suite 140 Fremont, CA 94539
707.227.6377 (mobile) g.johnson@syserco-es.com
Syserco Energy Solutions, Inc. 1 www.syserco-es.com
A. Cover Letter
December 24, 2024
Susan Michael, CIP Manager Chad Mosley, PE, Director of Public Works & City Engineer City of Cupertino, Public Works Department 10555 Mary Avenue Cupertino, CA 95014
RE: Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Dear Ms. Michael and Mr. Mosely,
Syserco Energy Solutions, Inc. (SES) is pleased to present the enclosed proposal to the City of Cupertino (City) in response to your Request for Proposal (RFQ) from short-listed Design-Build Entities for the Cupertino Photovoltaic Systems Design and Installation Project.
Our team has reviewed all materials, addenda, and related project documents the City has issued in relation to this RFP, ensuring our full understanding of the project scope and goals of this project. As detailed in our DBE Questionnaire, we have designed and implemented numerous solar PV projects for cities, several of which are very similar to your project in Cupertino. We have highlighted a few projects in the South Bay Area where we are performing the same services that will be provided to the City, with the common goal of completing the projects and receiving Permission to Operate (PTO) from PG&E ahead of the NEM 2.0 deadline (April 15, 2026). Specifically, we are currently under contract and in construction for the following projects:
City of Mountain View – 3 sites; 592.2 kW, carport and rooftop designs
City of Morgan Hill – 7 sites; 967.1 kW, carport and shade structure designs
City of Gilroy – 4 sites; 1,125 kW, carport and rooftop designs
City of Willits – 2 sites; 674 kW, carport and rooftop designs
City of Fort Bragg – 6 sites; 1,261,928 kW, carport, rooftop, and ground-mount designs
All five projects are on schedule to achieve PTO for NEM 2.0 status ahead of the deadline. Additional details for these projects can be found in the body of this proposal. With our office headquarters in Fremont, CA and resources deployed across the South Bay at these sites, SES is well-positioned to provide an active presence across all disciplines of your project from start to finish.
Project Pricing
Our intention for this proposal is to provide complete pricing to ensure there are no corners being cut, and to provide the City with confidence that the solar arrays being built meet the highest standards for quality and reliability. To demonstrate our familiarity with your sites and understanding of the goals of City staff, its Sustainability Committee, Parks and Recreation Committee, City Council, and your community, we are providing pricing for all aspects as required by the RFP, as well as alternate options for consideration. The additional design options will provide City staff with a complete understanding of all potential options so that you can make decisions that align with the goals and available budget.
Syserco Energy Solutions, Inc. 2 www.syserco-es.com
Schedule
We have included a detailed project schedule that has been constructed in accordance with realistic market conditions and availability of materials and resources. We have a high level of confidence in our ability to meet our proposed schedule with clear understanding of the importance of achieving NEM 2.0 status for all systems being installed. For the City to realize the financial gains associated with NEM 2.0 status and complete the project on time, it is imperative that the City work with an experienced contractor that has demonstrated the ability to deliver on similar projects in the region. Our schedule reflects our ability to
understand the challenges of your project and mitigate any conditions that would cause delays. Our pricing and schedule both include providing full-time construction management services that will be dedicated to
your project on a daily basis, and laser focused on maintaining each schedule milestone.
Technical Design Expertise
We have established a team that is qualified and experienced in the design and implementation of solar projects. We have worked closely with MMPV Design on past projects and can attest to their professionalism
and beautiful design capabilities. We are partnering with the leading design and implementation firms in the Bay Area, who have demonstrated a proven track record and high level of familiarity with the requirements for your project. This collective team, including SES, MMPV, McMillan Electric, and Teichert Solar, provides the most robust and experienced team available. Our collaborative working relationship will ensure the best possible outcome for the City.
Construction & Procurement Expertise
Our selected subcontractors are licensed, reputable, and extremely reliable. Each subcontractor brings years
of experience on solar projects just like this one. We anticipate excellent collaboration with all subcontractors and assure the City will meet the impending NEM 2.0 deadline without issue.
Design Approach
Our design approach is based on extensive conversations with City staff about their desire to conserve energy, save money, and adhere to the priorities of the community, City Council, Parks and Rec, and the Sustainability team. Our approach to designing these systems comes with sincere consideration of protecting trees, logistics of site access, reflectivity of lighting on neighboring homes and tennis courts, and a high level of aesthetic appeal to the community. Our team has walked the proposed sites, knows the project parameters well, and has considered all potential designs that best align with the overall goals of City
staff and the community of Cupertino.
Procurement Approach
As our teams have completed multiple solar projects, and are currently in construction with many more, we fully understand the demand for solar PV materials and equipment. We have developed succinct methods of
procurement for solar projects that are unparalleled. All partners and subcontractors have already been selected and are aware of the materials and labor requirements of your projects. We assure you that the procurement process will be timely and run smoothly so that the City will meet the NEM 2.0. deadline.
Construction Approach
Our proposed Project Manager, Pablo Orozco, is also a Professional Engineer with extensive knowledge about energy efficiency, materials, equipment, and construction engineering. Pablo will be the lead Project Manager for the City’s project and will be supplied with additional resources from our internal team and our subcontractors. Our plan is to provide dedicated project management and construction services with daily on-site supervision, ensuring a successful project.
Syserco Energy Solutions, Inc. 3 www.syserco-es.com
This is a critical component for the success of this project, and we fully understand how important it is that the City works with experienced and dedicated professionals.
Pablo has over 40 years of engineering, procurement, and implementation of comprehensive energy conservation and solar PV projects. He spent many years working for UC Davis leading pioneering efforts for solar PV projects and has actively managed many large-scale solar projects, with multiple sites, for SES over the last seven years. Pablo is a proactive communicator who relies on oral and written forms of communication to make sure our customers are well informed during all stages of the project. This project is very important to us, and Pablo will be supported by Nagib Elzein, Operations Manager, and Doug McCoy, Vice President of Business Operations.
Life-Cycle Costs
The solar arrays being proposed for this project are designed with the intent of maximizing the overall life-cycle cost savings, while keeping construction costs as low as possible. In the body of this proposal, you will see cash-flow proformas for each site that highlight the financial value that each system will deliver. In order to prepare the City for ongoing operational costs, we have factored in "market-condition" costs for ongoing maintenance and cleaning of the systems. Savings are projected based on calculated historical utility data so that the city can be assured of realistic financial gains. Each system included in this proposal provides an
excellent opportunity for the City to realize a significant amount of savings, while accounting for all expected ongoing costs.
We are in receipt of Addendum No. 1, Addendum No. 2, and Addendum No. 3, and have considered them all in our proposal response. We certify that we agree to the terms and conditions set forth in this RFP, including the certifications set forth in subsection 7.D.
Should you have any questions regarding our response, please contact Gabe Johnson at via email at g.johnson@syserco-es.com or by phone at 707.227.6377. We look forward to discussing our proposal with you and your team in person.
Sincerely,
Majd Khleif Derek Eggers Principal Principal
Syserco Energy Solutions, Inc. Syserco Energy Solutions, Inc.
City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Syserco Energy Solutions, Inc. 4 www.syserco-es.com
B.Price Proposal
We have analyzed multiple approaches to the City’s project and have listed multiple options, which are included below.
Base Option 1
Sites Included Design Services Construction Services General Conditions Total
Quinlan Community Center
Cupertino Sports Center Community Hall $205,713 $4,068,987 $108,933 $4,383,633
Base Option 1 + NEM 3.0 Right-Sized Library System
This NEM 3.0 system at the Library is being proposed as an option for the City to consider, should the City
wish to include a library system that will be built in parallel with the other three systems, but not be required to adhere to the tight NEM 2.0 deadline requirements. The system is designed to maximize the benefits of financial gain under the NEM 3.0 metering structure.
Sites Included Design Services Construction Services General Conditions Total
Quinlan Community Center
Cupertino Sports Center
Community Hall
Cupertino Library
$227,810 $5,034,644 $109,733 $5,372,187
Base Option 2
This option is being provided for the City to consider a smaller system at Quinlan Community Center that reduces up-front cost, and provides an improved cost-to-savings ratio, in comparison to the larger sized system as provided in the Base Price proposal.
Sites Included Design Services Construction Services General Conditions Total
Quinlan Community Center
Cupertino Sports Center
Community Hall
$197,297 $3,669,145 $73,439 $3,939,881
Base Option 2 + NEM 3.0 Right-Sized Library System
This option is being provided for the City to consider the previous "Base Price-Option 2" along with the NEM 3.0 system at the library being included.
Sites Included Design Services Construction Services General Conditions Total
Quinlan Community Center
Cupertino Sports Center Community Hall
Cupertino Library
$217,568 $4,591,228 $73,439 $4,882,235
City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Syserco Energy Solutions, Inc. 5 www.syserco-es.com
C. Schedule
The attached DRAFT Schedule is intended to provide a working document for the City and SES to collaborate toward successful delivery of the City’s project. The dates and durations are based on our best current estimates, recent marketplace data for material lead-times and the career experience of our project team. Several of the durations have the opportunity to compress through collective effort. The schedule presented is for the Base Proposal, as required by RFP. The schedule can be modified/adjusted if the City decides to
include any of the options that are presented in the price proposal forms.
Begin With the End in Mind
In the City’s RFP, it states that the final completion date must be April 1, 2026. We have approached this project with the goal of providing our collective teams with some cushion. Therefore, the attached schedule
has a final completion date of February 23, 2026.
Design Phase
Starting with the optimistic approach that the City selects SES, the City’s RFP uses January 23, 2025, as the date it will issue a Notice of Intent to Award. On this date, we will immediately begin to engage our
subcontractors and consultants to prepare them for the receipt of their respective subcontracts. By starting this process upon receipt of the Notice of Intent to Award, we can have final, executed subcontracts immediately following receipt of the executed prime contract on February 5, 2025 (per the RFP).
Following the performance of the subterranean data collection via ground penetrating radar, and geotechnical surveys, the 50% design drawings are made available within the month of April, with 90%
design drawings following three weeks later on May 21, 2025.
We’ve accounted for five business days for the City to review, and, once final permit set documents are complete, application for a permit to occur on June 11, 2025.
City Review and Revisions
We have allocated five working days for the City to review. This is an area where, with the City’s help, we may
be able to compress the schedule and pull ahead by several days.
City Permit Approval Process
SES has not done a project with the City of Cupertino yet; therefore, we are unaware of the City’s timing on performing permit reviews. For the purpose of this schedule, we have allocated six weeks. However, there is
an opportunity for the City to involve its Permitting Department in the “City Review and Revisions” stage and to preemptively prepare to have a permit review performed for this project in less than a six-week timespan. This is an area where the City can collaborate toward the goal of delivering the project well ahead of schedule.
Procurement Phase
The schedule shows a lead time for inverters, switchgear, racking materials, photovoltaic (PV) modules, and
data acquisition systems (DAS).
City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Syserco Energy Solutions, Inc. 6 www.syserco-es.com
Construction Phase
As the schedule shows, the first target date to start the construction phase (Construction Phase – Mobilization) is four weeks (July 24, 2024) after the anticipated delivery date of the racking materials (June 4, 2025) for the roof mounted array at Community Hall. To ensure we have enough time to meet/beat the deadline, we have built in these four-weeks of “float-time” to account for future/unforeseen inclement weather, unexpected delays due to supply chain disruption, changes to sequence, etc.
The Community Hall portion of this solar project requires the least amount of parking lot access restriction, therefore starting with this site is both timely (lead time for the roof racking materials is faster than the custom fabrication needed for the Carport Structures) and fortuitous because it will allow the City’s residents to have minimized disruption during the summer season when Quinlan Center experiences heavier use. This schedule has construction starting at Quinlan Center in mid-September, after back-to-school.
While we know that the schedule will be constantly in need of further refinement, we believe that this preliminary schedule allows enough time to account for unforeseen delays, while offering opportunities for the schedule to be accelerated through collaborative effort.
The entire schedule has been designed to deliver the Permission to Operate (PTO) milestone well ahead of the April 1, 2026, date included in the City’s RFP.
ID Task Name Duration Start Finish
1 City of Cupertino Solar PV Project 283 days Thu 1/23/25 Mon 2/23/26
2 Prime Contract Execution/Subcontractors on-boarding 15 days Thu 1/23/25 Wed 2/12/25
3 Notice of Intent to award Issued 0 days Thu 1/23/25 Thu 1/23/25
4 City of Council approval 0 days Tue 2/4/25 Tue 2/4/25
5 Prime Contract Execution/ NTP Issued 0 days Wed 2/5/25 Wed 2/5/25
6 Issue Subcontracts/LOIs/POs 15 days Thu 1/23/25 Wed 2/12/25
7 DESIGN & ENGINEERING PHASE 180 days Thu 2/13/25 Wed 10/22/25
8 GPRS 10 days Thu 2/13/25 Wed 2/26/25
9 Geotech - Site Testing 10 days Thu 2/27/25 Wed 3/12/25
10 Geotech - Report 15 days Thu 3/13/25 Wed 4/2/25
11 Electrical - 50 % Set - Design & Engineering 20 days Thu 4/3/25 Wed 4/30/25
12 Structural - 50 % Set - Design & Engineering 20 days Thu 4/3/25 Wed 4/30/25
13 City Approval - 50 % Set 5 days Thu 5/1/25 Wed 5/7/25
14 Electrical - 90 % Set - Design & Engineering 10 days Thu 5/8/25 Wed 5/21/25
15 Structural - 90 % Set - Design & Engineering 10 days Thu 5/8/25 Wed 5/21/25
16 City Approval - 90 % Set 5 days Thu 5/22/25 Wed 5/28/25
17 Finalize Permit Set 10 days Thu 5/29/25 Wed 6/11/25
18 Design Complete 0 days Wed 6/11/25 Wed 6/11/25
19 City Permit Submission 30 days Wed 6/11/25 Wed 7/23/25
20 Permit Submittal 0 days Wed 6/11/25 Wed 6/11/25
21 City Approval 6 wks Thu 6/12/25 Wed 7/23/25
22 Permit Issued 0 days Wed 7/23/25 Wed 7/23/25
23 PROCUREMENT PHASE 120 days Thu 5/8/25 Wed 10/22/25
24 Order Inverters 30 days Thu 5/8/25 Wed 6/18/25
25 Order Switchgear 6 mons Thu 5/8/25 Wed 10/22/25
26 Order Racking 20 days Thu 5/8/25 Wed 6/4/25
27 Order Modules 40 days Thu 5/8/25 Wed 7/2/25
28 Order DAS System 20 days Thu 5/8/25 Wed 6/4/25
29 Civic Center - Community Hall roof 49.3 KW 79 days Thu 7/24/25 Tue 11/11/25
30 CONSTRUCTION PHASE 79 days Thu 7/24/25 Tue 11/11/25
31 Mobilization 2 days Thu 7/24/25 Fri 7/25/25
32 Structural Racking 17 days Mon 7/28/25 Tue 8/19/25
33 Layout 2 days Mon 7/28/25 Tue 7/29/25
34 Hoist Modules into Place 15 days Wed 7/30/25 Tue 8/19/25
35 Electrical 59 days Wed 8/20/25 Mon 11/10/25
36 AC Electrical 52 days Wed 8/20/25 Thu 10/30/25
37 Point of Interconnection Construction 6 days Wed 8/20/25 Wed 8/27/25
38 Switchgear install and tie in 6 days Thu 10/23/25 Thu 10/30/25
39 DC Electrical 7 days Wed 8/20/25 Thu 8/28/25
40 Module Stringing 5 days Wed 8/20/25 Tue 8/26/25
41 Run Source Circuiting - modules to inverters 2 days Wed 8/27/25 Thu 8/28/25
42 Low Voltage - DAS Monitoring & Networking 2 days Fri 8/29/25 Mon 9/1/25
43 Device Mounting and Wiring 2 days Fri 8/29/25 Mon 9/1/25
44 Utility Shutdown if required 22 days Thu 8/28/25 Fri 9/26/25
45 Schedule Shutdown (Load Side)20 days Thu 8/28/25 Wed 9/24/25
46 Point of interconnection 2 days Thu 9/25/25 Fri 9/26/25
47 COMMISSIONING; TESTING & ACCEPTANCE PHASE 8 days Thu 8/28/25 Mon 9/8/25
48 DC Tested & Accepted (Open Voltage & IV Curve Testing)5 days Fri 8/29/25 Thu 9/4/25
49 AC Tested & Accepted (Continuity & Megger Testing)5 days Thu 8/28/25 Wed 9/3/25
50 DAS and Network Tested 5 days Tue 9/2/25 Mon 9/8/25
51 Submit Electrical Final to Utility/ Request Permission to Operate
Inspection
1 day Mon 9/29/25 Mon 9/29/25
52 Permission to Operate Field Inspection (PG&E)30 days Tue 9/30/25 Mon 11/10/25
53 PTO Received 1 day Tue 11/11/25 Tue 11/11/25
54 PTO Received 1 day Tue 11/11/25 Tue 11/11/25
55 Quinlan, Community center 311.46KW Carport 128 days Thu 7/24/25 Mon 1/19/26
56 CONSTRUCTION PHASE 128 days Thu 7/24/25 Mon 1/19/26
57 Mobilization 2 days Thu 7/24/25 Fri 7/25/25
58 Structural Carport 73 days Mon 7/28/25 Wed 11/5/25
59 Fabricate Steel 35 days Mon 7/28/25 Fri 9/12/25
60 Layout 2 days Mon 9/15/25 Tue 9/16/25
61 Drill and Pour Foundations 12 days Wed 9/17/25 Thu 10/2/25
62 Erect Primary Beams 12 days Fri 10/3/25 Mon 10/20/25
63 Hoist Modules into Place 12 days Tue 10/21/25 Wed 11/5/25
64 Electrical 88 days Wed 9/17/25 Fri 1/16/26
65 Underground survey 1 day Wed 9/17/25 Wed 9/17/25
66 Directional boring, Place Conduit 10 days Thu 9/18/25 Wed 10/1/25
67 AC Electrical 21 days Thu 10/2/25 Thu 10/30/25
68 Point of Interconnection Construction 6 days Thu 10/2/25 Thu 10/9/25
69 Switchgear install and tie in 6 days Thu 10/23/25 Thu 10/30/25
70 DC Electrical 7 days Thu 11/6/25 Fri 11/14/25
71 Module Stringing 5 days Thu 11/6/25 Wed 11/12/25
72 Run Source Circuiting - modules to inverters 2 days Thu 11/13/25 Fri 11/14/25
73 Lighting 2 days Thu 11/13/25 Fri 11/14/25
74 Mount Fixtures 2 days Thu 11/13/25 Fri 11/14/25
75 Low Voltage - DAS Monitoring & Networking 2 days Mon 11/17/25 Tue 11/18/25
76 Device Mounting and Wiring 2 days Mon 11/17/25 Tue 11/18/25
77 Utility Shutdown if required 25 days Fri 10/31/25 Thu 12/4/25
78 Schedule Shutdown (Line Side)20 days Fri 10/31/25 Thu 11/27/25
79 Point of interconnection 5 days Fri 11/28/25 Thu 12/4/25
80 COMMISSIONING; TESTING & ACCEPTANCE PHASE 18 days Fri 10/31/25 Tue 11/25/25
81 DC Tested & Accepted (Open Voltage & IV Curve Testing)5 days Mon 11/17/25 Fri 11/21/25
82 AC Tested & Accepted (Continuity & Megger Testing)5 days Fri 10/31/25 Thu 11/6/25
83 DAS and Network Tested 5 days Wed 11/19/25 Tue 11/25/25
84 Submit Electrical Final to Utility/ Request Permission to Operate
Inspection
1 day Fri 12/5/25 Fri 12/5/25
85 Permission to Operate Field Inspection (PG&E)30 days Mon 12/8/25 Fri 1/16/26
86 PTO Received 1 day Mon 1/19/26 Mon 1/19/26
87 PTO Received 1 day Mon 1/19/26 Mon 1/19/26
88 Sports center 214.02 KW 128 days Thu 7/24/25 Mon 1/19/26
89 CONSTRUCTION PHASE 128 days Thu 7/24/25 Mon 1/19/26
90 Mobilization 2 days Thu 7/24/25 Fri 7/25/25
91 Structural Carport 91 days Mon 7/28/25 Mon 12/1/25
92 Fabricate Steel 35 days Mon 7/28/25 Fri 9/12/25
93 Layout 2 days Mon 9/15/25 Tue 9/16/25
94 Drill and Pour Foundations 10 days Tue 10/21/25 Mon 11/3/25
95 Erect Primary Beams 10 days Tue 11/4/25 Mon 11/17/25
96 Hoist Modules into Place 10 days Tue 11/18/25 Mon 12/1/25
97 Electrical 88 days Wed 9/17/25 Fri 1/16/26
98 Underground survey 1 day Wed 9/17/25 Wed 9/17/25
99 Directional boring, Place Conduit 10 days Thu 9/18/25 Wed 10/1/25
100 AC Electrical 21 days Thu 10/2/25 Thu 10/30/25
101 Point of Interconnection Construction 6 days Thu 10/2/25 Thu 10/9/25
102 Switchgear install and tie in 6 days Thu 10/23/25 Thu 10/30/25
103 DC Electrical 7 days Tue 12/2/25 Wed 12/10/25
104 Module Stringing 5 days Tue 12/2/25 Mon 12/8/25
105 Run Source Circuiting - modules to inverters 2 days Tue 12/9/25 Wed 12/10/25
106 Lighting 2 days Tue 12/9/25 Wed 12/10/25
107 Mount Fixtures 2 days Tue 12/9/25 Wed 12/10/25
108 Low Voltage - DAS Monitoring & Networking 2 days Thu 12/11/25 Fri 12/12/25
109 Device Mounting and Wiring 2 days Thu 12/11/25 Fri 12/12/25
110 Utility Shutdown if required 25 days Fri 10/31/25 Thu 12/4/25
111 Schedule Shutdown (Line Side)20 days Fri 10/31/25 Thu 11/27/25
112 Point of interconnection 5 days Fri 11/28/25 Thu 12/4/25
113 COMMISSIONING; TESTING & ACCEPTANCE PHASE 36 days Fri 10/31/25 Fri 12/19/25
114 DC Tested & Accepted (Open Voltage & IV Curve Testing)5 days Thu 12/11/25 Wed 12/17/25
115 AC Tested & Accepted (Continuity & Megger Testing)5 days Fri 10/31/25 Thu 11/6/25
116 DAS and Network Tested 5 days Mon 12/15/25 Fri 12/19/25
117 Submit Electrical Final to Utility/ Request Permission to Operate
Inspection
1 day Fri 12/5/25 Fri 12/5/25
118 Permission to Operate Field Inspection (PG&E)30 days Mon 12/8/25 Fri 1/16/26
119 PTO Received 1 day Mon 1/19/26 Mon 1/19/26
120 PTO Received 1 day Mon 1/19/26 Mon 1/19/26
121 CLOSE-OUT PHASE 25 days Tue 1/20/26 Mon 2/23/26
122 File all Close-out Documents 5 days Tue 1/20/26 Mon 1/26/26
123 Punch-list Completed 10 days Tue 1/27/26 Mon 2/9/26
124 Monitoring Site Set up on Customer Website 10 days Tue 2/10/26 Mon 2/23/26
125 Final Completion 0 days Mon 2/23/26 Mon 2/23/26
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Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb
Qtr 1, 2025 Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2025 Qtr 1, 2026
Task Split Milestone Summary Project Summary Inactive Task Inactive Milestone Inactive Summary Manual Task Duration-only Manual Summary Rollup Manual Summary Start-only Finish-only External Tasks External Milestone Deadline Progress Manual Progress
SYSERCO ENERGY SOLUTIONS
Page 1
City of Cupertino Solar PV Proje
Syserco Energy Solutions -Draf
Fri 12/20/24
Preliminary
12/20/2024 11:29:56 AM
City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Syserco Energy Solutions, Inc. 8 D. Technical Design Expertise
D. Technical Design Expertise
Technical Design Team
Syserco Energy Solutions has experience with over 40 public sector design-build energy services projects, providing design, project development, and construction services. We have contracted over $200 million in energy upgrade projects including over $100 million in solar PV projects.
Architectural Design
MMPV Design
Our Project Development Team has built strong working relationships with the architects and engineers at MMPV Design. Since 2019, Mariana Moncada has served as the Architect of Record (AOR) for the majority of our solar PV design projects, assisting from concept design through construction and implementation.
Syserco Energy Solutions has partnered with MMPV Design on the following solar PV projects:
City of Fort Bragg
City of Norwalk
City of Willits
Cabrillo Unified School District
Emery Unified School District
Lake County Office of Education
Grass Valley School District
Firebaugh-Las Deltas Unified School District
Los Banos Unified School District
North County Joint Union School District
Spreckels Union School District
Washington Union School District
Yolo County Office of Education
Mariana Moncada, Principal and Owner, MMPV Design
Mariana has designed and permitted over 1,000 solar projects at schools and other institutions, as well as over 1,000 MW in utility scale projects. She holds active architecture licenses in California and will serve as the Architect of Record (AOR) and Design Professional in General Responsible Charge for this project under the jurisdiction of the Division of the State Architect (DSA).
Josh Sarpotdar, PE, CEM, CMVP
Project Development Manager – 11 years of Experience
Josh will oversee all project development and design efforts, working closely with our in-house solar PV expert,
Taylor Bohlen. Together they will deliver the City’s desired project outcome.
Taylor Bohlen
Energy Innovation Engineer – 8 years of Experience
Taylor is our in-house solar expert. He performs all aspects of renewable energy development including solar, storage, and microgrids. Taylor will design the final solar PV arrays for this project. All designs provided by Taylor will be reviewed, approved, and stamped by a Professional Electrical Engineer, who is part of our subcontracting team.
Chad Olsen, PE, CEM, ICP
Project Development Engineer – 18
Chad is a licensed professional engineer with 18 years of experience in developing energy efficiency projects.
He will assist in the final development and design of this project.
City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Syserco Energy Solutions, Inc. 9 D. Technical Design Expertise
Pablo Orozco, PE
Project Director – 40 years of Experience
Pablo will directly supervise all project construction and implementation efforts, ensuring the project stays on
schedule, meets all project expectations, and is delivered with excellence. Pablo is also a licensed Professional
Engineer.
Electrical Design
McMillan Electric
Big ideas require both a solid technical foundation and a creative vision. McMillan’s industry-leading expertise, supplier connections, and in-house design abilities have helped hundreds of companies take the
next step in their evolution. Their capabilities in electrical engineering and construction ensure a collaborative partnership from concept to completion. McMillan Electric will be responsible for Professional Electrical Engineering review, approval, and stamping of all design drawings.
Structural Design
Teichert Solar
Teichert Solar has successfully installed over 100 MW of solar in California. With Teichert Solar, you can trust
that your project will be successfully installed by a company that’s been providing civil infrastructure since 1887. Teichert’s Structural Engineers will analyze and investigate any structural elements, such as existing rooftops, to ensure each structure can safely accommodate the additional load of solar panels. They will also be involved in selecting the appropriate racking and attachment system for the solar panels, considering the feasibility of each proposed structure.
Geotechnical Contractor
Quantum Geotechnical, Inc.
Simon Makdessi, PE – President
CA DCA Lic. #2548 (Geotech), #50307 (Civil)
Quantum Geotechnical, Inc. is a full-service geotechnical engineering, special inspection, materials testing,
and storm water firm headquartered in San Jose with a second office located in Concord, California.
Quantum provides high-quality professional geologic, geotechnical, storm water and special inspection
services on various construction projects throughout the San Francisco Bay Area, and Northern California.
City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Syserco Energy Solutions, Inc. 10 D. Technical Design Expertise
Potential Alternate for Geotechnical Contractor
Geo-Engineering Solutions, Inc.
Eric J. Swenson, GE, CEG – President/CEO
CA DCA Lic. #2474 (Geotech), #52841 (Civil), #1855 (Engineering Geologist), #5857 (Geologist)
Geo-Engineering Solutions, Inc. is a geotechnical engineering and engineering geology consulting firm dedicated to finding cost effective and creative solutions to the earth and water challenges of its clients. They provide geotechnical engineering, engineering geology, and materials testing services to the public institutional as well as construction and development community of California. They seek to use their technical skills to the best interest of their clients and find creative solutions to meet the technical and fiscal
needs of each project.
Surveyor
GPRS, Inc.
GPRS believes that data control = damage control and is committed to the pursuit of 100% subsurface damage prevention – on every job, in every market, nationwide.
That’s why every one of their 500 national “boots on the ground” team of elite Project Managers are trained in Subsurface Investigation Methodology (SIM). SIM elevates a mere technician to an expert professional with the cross-technology training and industry-leading processes that can locate, map, capture, measure, and scan your entire site or facility, above and below-ground, to provide you with the real-time actionable information you need to plan, design, manage, dig, and build better.
GPRS is the only company in the U.S. that can capture your entire site or facility, above and below-ground, to provide you with accurate as-builts, private and public utility maps, 2D CAD drawings, and 3D photogrammetry and Building Information Models (BIM) that can integrate surface and subsurface existing conditions and construction progress capture to provide cloud-based, digital mapping & modeling solutions
for the construction, architecture, engineering, facility management, and related industries via SiteMap®
Subsurface Damage Prevention
When it comes to construction and facility management, every decision you make can cost time, money, and even lives. GPRS is in pursuit of a world with 100% subsurface damage prevention. GPRS’ 99.8% accuracy
rate for ground penetrating radar services (GPR), utility locating services, utility mapping services, and concrete scanning services will locate critical targets like underground utilities, post tension cables, rebar, conduits, underground storage tanks (USTs), and more to help keep your project on time, on budget, and safe. Our NASSCO-certified CCTV video pipe inspection & leak detection services find pipe defects, blockages, and leaks with pinpoint accuracy.
Existing Conditions Documentation
When record drawings do not match the as-built conditions, general contractors and facility managers are at
risk of avoidable change orders, delays, budget overruns, and even damage or injuries. Let GPRS’ in-house team create an as-built (TruBuilt) for your project – showing actual existing conditions above or below ground… or both. GRPS’ 3D Laser Scanning, reality capture services, and 3D Photogrammetry services deliver up-to-date and accurate construction as-builts, existing condition drawings, 2D CAD drawings, 3D BIM models, 3D mesh models, digital twins, point clouds, updated floorplans (FLRPLN), Reflected Ceiling Plans (RCP) and more for construction design, prefabrication, clash detection, facility modifications, and asset management.
City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Syserco Energy Solutions, Inc. 11 D. Technical Design Expertise
Project Organizational Chart
(Owner)
(General Contractor)
Pablo Orozco, PE -Project ManagerSupported by SES Project Development Team
MMVP Design
(Architect)
McMillan Electric
(Electrical)
Teichert Solar
(Structural)
Quantum Geotechnical, Inc. or Geo-Engineering Solutions
(Geotechnical)
GPRS, Inc.
(Land Surveyor)Material Suppliers
Equipment Suppliers Safety Management
City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Syserco Energy Solutions, Inc. 12 E. Construction and Procurement Expertise
E. Construction and Procurement Expertise
General Contractor
Syserco Energy Solutions, Inc.
CA Lic. #991301
Syserco Energy Solutions works with organizations to improve building infrastructure, optimize energy consumption, and reduce annual utility costs. We develop, design, and deliver solutions that improve safety and comfort while reducing your carbon footprint and saving precious funds. We have proudly completed over $200 million in projects throughout California, providing large-scale energy efficiency projects ranging from $250,000 to over $20 million.
Solar Expertise
Our team has delivered over $100 million in solar PV projects including the design and development of 160 solar PV systems across the state of California. Our team of project development engineers have submitted 115 Interconnection Applications (IAs) for public and private entities across the state of California, locking them into the much more lucrative NEM 2.0 reimbursement structure. These IAs total a system size of nearly 24 MW with the largest array being 1,067 kW (over 1 MW).
Electrical Contractor
McMillan Electric
CA Lic. #268179
McMillan Electric’s team of certified electricians, engineers, designers, and project managers join forces to meet deadlines and deliver projects that exceed expectations of function, vision, and purpose. McMillan’s expertise is continuously sought out by others in our industry, for insight and advice on the latest technical standards and industry best practices – the kind their clients receive on every project.
Rooftop
Solar power installations for warehouses, commercial, country, low-rise, hi-rise building structures and other
rooftops offer versatile configurations designed to match your energy goals to deliver reliable, affordable power and significant protection against rising energy costs.
Carport
Solar carports for companies and businesses including office parks, retail, commercial and industrial areas,
provide an excellent way to power up your infrastructure while
Structural Contractor
Teichert Solar
CA Lic. #1051985
Teichert Solar has successfully installed over 100 MW of solar in California. Teichert’s highly experienced team can offer turn-key solutions on time and on budget. At Teichert Solar, you can trust that your project
will be successfully installed by a company that’s been providing civil infrastructure since 1887.
City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Syserco Energy Solutions, Inc. 13 F. Design Approach
F. Design Approach
1. Design Approach Summary
The project will be designed utilizing a tiered methodology which identifies and circumnavigates any
unexpected issues which may arise.
The first stage of the process will be to investigate subsurface conditions and topographical features to provide design guidance for the foundation designs for the new canopy structures that will be included in the project. In parallel, architectural designs will be generated for each of the project locations to ensure that building, planning, accessibility, and other requirements are accounted for at an early stage of the design, to avoid any potential rework of the structural and locational elements of the project.
With the engineering and architectural due diligence in place, structural and electrical plan sets will be generated encompassing all of the detailed design elements of the project, conforming with all electrical, structural, and other building codes necessary for a permit-ready design. The design will be reviewed with city staff at each design stage (30%, 60%, 90%, and complete construction drawings) to ensure that city input is woven into the design process to create the ideal finished product for the city.
2. Program Requirements and Performance Criteria
The designs will be generated via the procedure outlined in the answer to item #1. This multistage design process allows for any update to the conceptual design documents to be evaluated from both a code perspective and an energy-generation and savings perspective. Changes to the project through the design phase will be evaluated via a production model to ensure that any alterations are still able to meet the program requirements and performance criteria needed for the portfolio.
3. Exceeding Expectations
The design approach detailed in the previous sections will allow for maximal identification of opportunities to exceed the project’s performance criteria, by having many stages of input from the city and all project
disciplines. Annual operating costs for PV systems are generally low, though it is advisable to budget for minor maintenance activities through the system’s life – PV systems typically need module cleanings once to twice per year to keep operations near maximum efficiency. Additionally, the inverters on the project will typically need to be replaced roughly halfway through the operational life of the arrays (30 years.) Syserco Energy Solutions can offer solar monitoring services, providing reports on array functionality at defined intervals to ensure the arrays are functioning properly, and to provide recommendations for addressing any issues that may arise. This additional service is recommended, as it will allow the city to quickly identify (without needing to allocate staff for this work) any issues that may arise and correct them in a timely
manner, minimizing energy losses if issues do arise.
City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Syserco Energy Solutions, Inc. 14 F. Design Approach
4. Value Engineering
Several of the project locations offer opportunities to improve upon the bridging documents to maximize cost efficacy of the portfolio
The Quinlan Community Center site could be made more cost effective by removing the carport on the northeastern edge of the site as well as the roof mount array and reallocating some of the removed system size to the large shade structure over the picnic area and expanding the carport to maximize structural efficiency. The reallocation of these modules to the wider canopy structure would provide significant cost savings for multiple reasons. The first is that the shade structure configuration of 6 modules wide is far more effective than a 3-module wide structure, as a considerable quantity of additional modules can be supported by each foundation in the 6-wide configuration. For these structures, foundations are a significant cost driver, so mitigating the number of foundations can pay large dividends for the project. Additionally, covering the picnic area in place of this additional parking will mitigate significant ADA improvements that would be required to facilitate the shaded parking in the depicted area, as an ADA stall (and associated path of travel) would need to be implemented under this array.
Finally, adding solar to tile roofs is very expensive since it requires pulling the tile, re-roofing a section with shingle, and then building up the tile roof around the array to make it seamless. Moving the roof mount panels to the carport eliminates the need for roofing and doesn’t require any additional structural members for the carport, which optimizes efficiency. This change would maintain the same system size, but increase production, which marginally increases annual savings, while also reducing upfront costs. This configuration would also reduce the number of EV chargers required for the project by 1, which provides additional cost savings for the city. This would also provide a benefit in terms of operational / long term savings for the project. The location of the removed array is adjacent to trees of significant size, which will increase the frequency of needed module cleanings to keep the array in top condition, as the trees are likely to drop refuse onto the array itself which could negatively impact energy production. While this is certainly still possible with the adjusted design, the additional clearance from nearby trees of this array location should mitigate this concern.
While the library site has been removed from the portfolio at large, we believe there is still a very financially attractive option for the library to be included in this project, which provides the city with significant value while remaining inside the noted project budget. This design would be implemented under NEM 3.0, utilizing a much smaller system size limited to the rooftop only. The energy usage of the library location is so large in comparison to this array that the system will generate value roughly in line with a NEM 2.0 array of the same size and could be easily expanded upon over time if more solar or energy storage is desired on site. We have included this option as an add alt to the proposal as we believe it would provide great value for the city, and implementing this project location at the same time as the community hall would provide
savings with respect to project management, mobilization, and other factors.
City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Syserco Energy Solutions, Inc. 15 G. Procurement Approach
G. Procurement Approach
Ensuring the Proper Materials are Procured
During the design phase, numerous specifications need to be defined including the solar PV array size, dimensions, location, design, and most importantly – the project budget. Environmental considerations and local regulations are also taken into consideration. This includes staying up to code, the process of receiving the required permits, and assessing any available incentives. This process allows us to have a clear understanding of the project moving forward, avoiding procurement delays, and assuring the proper equipment is obtained.
Selecting the Best Supplier
Once the design process is complete and the scope and specifications are defined, our team will reach out to multiple suppliers for quotes and procurement timelines to ensure there are no delays in our procurement
process. This entails issuing requests for information (RFI) and pricing quotes (RFQ) to reputable, experienced suppliers capable of providing competitive pricing, superior products, and dependable services. In the case of solar projects, some materials can have lengthy procurement timelines, which is why our team also evaluates each supplier’s capacity to deliver materials on time or informing us of potential delays upfront.
Procurement Process
After we have selected the most qualified suppliers, we set in place a logistics plan including proper delivery instructions for each set of materials to each project site. This process involves securing a storage site for all necessary materials and ensuring proper unloading of the equipment. Safety is always a top priority on every jobsite, so assuring all necessary safety equipment and measures are in place is also an important part of the procurement process.
We will coordinate with City staff to select the most appropriate storage site(s), create communication plans to occupants and/or residents that may be impacted by the construction process, and address any public safety concerns. During the procurement of materials and equipment, we will coordinate with City staff to ensure sufficient time is allocated for any decisions that may influence or directly affect the delivery and storage of these items.
Materials and Equipment
Each and every delivery of materials and/or equipment is carried out through a thorough quality control inspection. This involves checking the quality and condition of these items prior to accepting any deliveries, ensuring the quantities are correct, equipment testing, and properly documenting all deliveries. Any defects,
discrepancies in quality or quantity, or delivery issues will be documented and addressed immediately.
Proper Installation and Functionality
With all materials and equipment in place, our team will begin the installation and commissioning of the solar PV structures. This includes assembling and installing the equipment based on the system's design and layout, followed by making the required adjustments and calibrations. After construction is complete, final
testing and inspection will take place at each site for each solar PV array, ensuring functionality and peak performance. Our project manager will also document and report the outcomes of the installation and commissioning process.
City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Syserco Energy Solutions, Inc. 16 H. Construction Approach
H. Construction Approach
Pre-Construction Capabilities
We will perform a project kick-off meeting with City stakeholders. Once the construction team is familiar with all City contracting and site access requirements, our staff will perform a field audit, detailing the installation of each solar array, and ensuring all equipment and parts are ordered quickly and correctly. This verification also includes a site logistics discussion with the City to make certain each step is planned and executed properly with minimal disruption to occupants.
Our project manager will provide the City with a three-week lookahead schedule, updated on a weekly basis, so that your representatives are always aware of our progress. A dedicated project manager from our team will coordinate and require the project lead of each contracting party to attend weekly meetings to communicate important information and address any concerns. Subsequently, we will update the City’s staff regularly.
Project Management and Implementation
Project Management
Our project management process is collaborative, highly integrated, and local. Our partnership-oriented approach to integrated project delivery ensures that all City stakeholders are engaged throughout the project development and execution process. We operate with the mindset that our customers are our partners, and we apply that philosophy within our project management processes.
Planning and communication are critical to ensure a successful project. We will issue a Project Contact Form providing the City with mobile numbers to individuals directly involved in the project. We expect City representatives to have important and significant input on the scheduling. Project updates and information is relayed to City staff so that they may plan accordingly.
For major milestones and critical tasks, our project manager or design engineers will be on site. Our clear understanding of how to manage construction execution around the ongoing activities across the City enhances our team’s success in on-time and on-budget project deliveries. Working at occupied spaces
requires a diligent commitment to jobsite safety, as well as a “safety beyond the construction fence” mindset.
Safety on the jobsite and the surrounding community will always remain our highest priority.
Our team will implement a comprehensive Safety Program, which includes safety inspections oversight in every aspect of our work. This includes safety training and support services for all team members. We believe
strongly in the reporting of risks upfront so that we may improve conditions and business practices, on the spot, avoiding any potential safety issues.
A few highlights of our team’s safety practices during construction include:
Construction operations are fully fenced to separate work areas from ongoing municipal activities.
All contractor/subcontractor personnel attend an orientation meeting prior to starting work.
Project safety rules and code of conduct are reviewed and accepted prior to start of work.
Jobsite safety meetings are held weekly for training and to identify and resolve potentially hazardous conditions or safety issues associated with construction activities.
Unannounced safety audits are conducted by corporate principals and a corporate safety officer.
City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Syserco Energy Solutions, Inc. 17 H. Construction Approach
One of our team members will be available to supervise all jobsite activities and enforce our strict
quality assurance and safety programs.
Project Implementation
Energy solutions projects are unique from other construction projects because the buildings remain in
operation and are typically occupied while projects are in construction. Clear communication, thoroughly planned project schedules, project safety plans, and detailed work plans with risk management procedures are all integrated to ensure a seamless delivery.
Our local Project Management and Construction Management teams engage with you early in the development process assembling detailed scopes of work, completing detailed design document reviews, developing detailed project budget estimates, identifying long-lead equipment, and preparing detailed construction schedules for your review, comment and early coordination purposes.
Project Closeout
After completing project construction and installation, the City’s facilities and operations staff will receive comprehensive training on the new equipment. This will ensure your team is fully equipped to operate the solar PV arrays according to specifications and optimize their performance, maximizing the City’s return on investment.
All project-related documentation (submittals, operation manuals, warranty information, etc.) will be reviewed and turned over to City staff at the completion of the project. During this process, a formal project closeout meeting will be scheduled to review all contractually required close out items, including the Final Project Closeout Punchlist to ensure all relevant information has been completed, reviewed, and shared. At the completion of the project, our team will furnish the City with a Letter of Substantial Completion to formally notify the City that the project has been completed to an acceptable level of satisfaction of the City.
City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Syserco Energy Solutions, Inc. 18 I. Life-Cycle Costs
I.Life-Cycle Costs
Project Option Project Life-Cycle Costs
Base Option 1 $4,770,524
Base Option 1 + Library $5,828,299
Base Option 2 $4,324,738
Base Option 2 + Library $5,336,313
Base Option 1
Base Option 1 + NEM 3.0 Right-Sized Library System
Year
Projected
Energy
Savings
Incentives
Projected
O&M
Savings
Total
Program
Savings
Project
Payments
PV O&M
and M&V
Cost
Total
Program
Costs
Project Cost $4,383,633 1 Year 1 $287,728 $1,572,280 $0 $1,860,007 $4,383,633 $8,622 $4,392,255 -$2,532,247 -$2,532,247
Inflation Reduction Act (Solar)*$1,572,280 2 Year 2 $300,254 $0 $0 $300,254 $0 $8,794 $8,794 $291,460 -$2,240,787
Other Incentives $0 3 Year 3 $313,334 $0 $0 $313,334 $0 $8,970 $8,970 $304,364 -$1,936,423
*IRA Solar Incentive is an Estimate - SES is not a Financial Advisor 4 Year 4 $326,990 $0 $0 $326,990 $0 $9,149 $9,149 $317,841 -$1,618,582
Total Grants and Incentives 1,572,280$ 5 Year 5 $341,248 $0 $0 $341,248 $0 $9,332 $9,332 $331,916 -$1,286,666
PV Construction Duration (Years)0 6 Year 6 $356,134 $0 $0 $356,134 $0 $9,519 $9,519 $346,615 -$940,051
ECM Construction Duration (Years)0 7 Year 7 $371,675 $0 $0 $371,675 $0 $9,709 $9,709 $361,966 -$578,085
Annual Escalation of Electricity Cost 5.00%8 Year 8 $387,900 $0 $0 $387,900 $0 $9,904 $9,904 $377,996 -$200,089
Annual Escalation of O&M Cost/Savings 2.00%9 Year 9 $404,837 $0 $0 $404,837 $0 $10,102 $10,102 $394,735 $194,646
Change Settings on TELP Page 10 Year 10 $422,517 $0 $0 $422,517 $0 $10,304 $10,304 $412,213 $606,860
11 Year 11 $440,973 $0 $0 $440,973 $0 $10,510 $10,510 $430,463 $1,037,323
12 Year 12 $460,238 $0 $0 $460,238 $0 $10,720 $10,720 $449,518 $1,486,841
13 Year 13 $480,346 $0 $0 $480,346 $0 $10,934 $10,934 $469,412 $1,956,252
14 Year 14 $501,334 $0 $0 $501,334 $0 $11,153 $11,153 $490,181 $2,446,433
15 Year 15 $523,239 $0 $0 $523,239 $0 $48,501 $48,501 $474,738 $2,921,172
16 Year 16 $546,102 $0 $0 $546,102 $0 $11,604 $11,604 $534,498 $3,455,670
17 Year 17 $569,961 $0 $0 $569,961 $0 $11,836 $11,836 $558,126 $4,013,795
18 Year 18 $594,861 $0 $0 $594,861 $0 $12,072 $12,072 $582,789 $4,596,584
19 Year 19 $620,846 $0 $0 $620,846 $0 $12,314 $12,314 $608,532 $5,205,116
20 Year 20 $647,961 $0 $0 $647,961 $0 $12,560 $12,560 $635,401 $5,840,517
21 Year 21 $361,659 $0 $0 $361,659 $0 $12,811 $12,811 $348,848 $6,189,365
22 Year 22 $377,288 $0 $0 $377,288 $0 $13,068 $13,068 $364,221 $6,553,586
23 Year 23 $393,595 $0 $0 $393,595 $0 $13,329 $13,329 $380,266 $6,933,852
24 Year 24 $410,609 $0 $0 $410,609 $0 $13,596 $13,596 $397,013 $7,330,865
25 Year 25 $428,360 $0 $0 $428,360 $0 $13,867 $13,867 $414,492 $7,745,358
26 Year 26 $446,879 $0 $0 $446,879 $0 $14,145 $14,145 $432,734 $8,178,092
27 Year 27 $466,198 $0 $0 $466,198 $0 $14,428 $14,428 $451,770 $8,629,862
28 Year 28 $486,352 $0 $0 $486,352 $0 $14,716 $14,716 $471,635 $9,101,498
29 Year 29 $507,375 $0 $0 $507,375 $0 $15,011 $15,011 $492,364 $9,593,862
30 Year 30 $529,304 $0 $0 $529,304 $0 $15,311 $15,311 $513,993 $10,107,855
31 Year 31 $0 $0 $0 $0 $0 $0 $0 $0 $10,107,855
32 Year 32 $0 $0 $0 $0 $0 $0 $0 $0 $10,107,855
33 Year 33 $0 $0 $0 $0 $0 $0 $0 $0 $10,107,855
Totals $13,306,099 $1,572,280 $0 $14,878,378 $4,383,633 $386,891 $4,770,524 $10,107,855
Cash
Position
City of Cupertino Project Savings Project Costs
Project
SavingsPreliminary Cash Flow Analysis (Cash)
$4,000,000
$2,000,000
$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
10,000,000
12,000,000
1 6 11 16 21 26 31
Project Revenues (Cash Purchase)
Cumulative Cash Flow Annual Cash Flow
Year
Projected
Energy
Savings
Incentives
Projected
O&M
Savings
Total
Program
Savings
Project
Payments
PV O&M
and M&V
Cost
Total
Program
Costs
Project Cost $5,372,187 1 Year 1 $341,745 $1,792,401 $0 $2,134,146 $5,372,187 $10,162 $5,382,349 -$3,248,203 -$3,248,203
Inflation Reduction Act (Solar)*$1,792,401 2 Year 2 $356,689 $0 $0 $356,689 $0 $10,365 $10,365 $346,324 -$2,901,879
Other Incentives $0 3 Year 3 $372,292 $0 $0 $372,292 $0 $10,572 $10,572 $361,720 -$2,540,159
*IRA Solar Incentive is an Estimate - SES is not a Financial Advisor 4 Year 4 $388,584 $0 $0 $388,584 $0 $10,784 $10,784 $377,800 -$2,162,358
Total Grants and Incentives 1,792,401$ 5 Year 5 $405,593 $0 $0 $405,593 $0 $10,999 $10,999 $394,594 -$1,767,764
PV Construction Duration (Years)0 6 Year 6 $423,352 $0 $0 $423,352 $0 $11,219 $11,219 $412,133 -$1,355,632
ECM Construction Duration (Years)0 7 Year 7 $441,892 $0 $0 $441,892 $0 $11,444 $11,444 $430,448 -$925,183
Annual Escalation of Electricity Cost 5.00%8 Year 8 $461,247 $0 $0 $461,247 $0 $11,672 $11,672 $449,574 -$475,609
Annual Escalation of O&M Cost/Savings 2.00%9 Year 9 $481,452 $0 $0 $481,452 $0 $11,906 $11,906 $469,546 -$6,063
Change Settings on TELP Page 10 Year 10 $502,544 $0 $0 $502,544 $0 $12,144 $12,144 $490,400 $484,338
11 Year 11 $524,562 $0 $0 $524,562 $0 $12,387 $12,387 $512,175 $996,512
12 Year 12 $547,544 $0 $0 $547,544 $0 $12,635 $12,635 $534,909 $1,531,422
13 Year 13 $571,532 $0 $0 $571,532 $0 $12,887 $12,887 $558,645 $2,090,067
14 Year 14 $596,571 $0 $0 $596,571 $0 $13,145 $13,145 $583,425 $2,673,492
15 Year 15 $622,703 $0 $0 $622,703 $0 $57,283 $57,283 $565,420 $3,238,912
16 Year 16 $649,977 $0 $0 $649,977 $0 $13,676 $13,676 $636,301 $3,875,213
17 Year 17 $678,441 $0 $0 $678,441 $0 $13,950 $13,950 $664,491 $4,539,704
18 Year 18 $708,146 $0 $0 $708,146 $0 $14,229 $14,229 $693,917 $5,233,621
19 Year 19 $739,145 $0 $0 $739,145 $0 $14,513 $14,513 $724,631 $5,958,252
20 Year 20 $771,492 $0 $0 $771,492 $0 $14,804 $14,804 $756,689 $6,714,941
21 Year 21 $490,650 $0 $0 $490,650 $0 $15,100 $15,100 $475,551 $7,190,492
22 Year 22 $511,976 $0 $0 $511,976 $0 $15,402 $15,402 $496,575 $7,687,067
23 Year 23 $534,228 $0 $0 $534,228 $0 $15,710 $15,710 $518,518 $8,205,585
24 Year 24 $557,444 $0 $0 $557,444 $0 $16,024 $16,024 $541,420 $8,747,005
25 Year 25 $581,665 $0 $0 $581,665 $0 $16,344 $16,344 $565,321 $9,312,325
26 Year 26 $606,935 $0 $0 $606,935 $0 $16,671 $16,671 $590,263 $9,902,589
27 Year 27 $633,296 $0 $0 $633,296 $0 $17,005 $17,005 $616,292 $10,518,880
28 Year 28 $660,797 $0 $0 $660,797 $0 $17,345 $17,345 $643,452 $11,162,332
29 Year 29 $689,483 $0 $0 $689,483 $0 $17,692 $17,692 $671,791 $11,834,124
30 Year 30 $719,406 $0 $0 $719,406 $0 $18,045 $18,045 $701,360 $12,535,484
31 Year 31 $0 $0 $0 $0 $0 $0 $0 $0 $12,535,484
32 Year 32 $0 $0 $0 $0 $0 $0 $0 $0 $12,535,484
33 Year 33 $0 $0 $0 $0 $0 $0 $0 $0 $12,535,484Totals $16,571,381 $1,792,401 $0 $18,363,782 $5,372,187 $456,112 $5,828,299 $12,535,484
Cash
Position
City of Cupertino Project Savings Project Costs
Project
SavingsPreliminary Cash Flow Analysis (Cash)
$6,000,000
$4,000,000
$2,000,000
$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
10,000,000
12,000,000
14,000,000
1 6 11 16 21 26 31
Project Revenues (Cash Purchase)
Cumulative Cash Flow Annual Cash Flow
City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Syserco Energy Solutions, Inc. 19 I. Life-Cycle Costs
Base Option 2
Base Option 2 + NEM 3.0 Right-Sized Library System
Please see section B – Price Proposal for more information on each option presented above.
Year
Projected
Energy
Savings
Incentives
Projected
O&M
Savings
Total
Program
Savings
Project
Payments
PV O&M
and M&V
Cost
Total
Program
Costs
Project Cost $3,939,881 1 Year 1 $290,875 $1,415,542 $0 $1,706,417 $3,939,881 $8,596 $3,948,477 -$2,242,059 -$2,242,059
Inflation Reduction Act (Solar)*$1,415,542 2 Year 2 $303,542 $0 $0 $303,542 $0 $8,768 $8,768 $294,775 -$1,947,285
Other Incentives $0 3 Year 3 $316,769 $0 $0 $316,769 $0 $8,943 $8,943 $307,826 -$1,639,458
*IRA Solar Incentive is an Estimate - SES is not a Financial Advisor 4 Year 4 $330,579 $0 $0 $330,579 $0 $9,122 $9,122 $321,457 -$1,318,001
Total Grants and Incentives 1,415,542$ 5 Year 5 $344,997 $0 $0 $344,997 $0 $9,304 $9,304 $335,693 -$982,308
PV Construction Duration (Years)0 6 Year 6 $360,051 $0 $0 $360,051 $0 $9,490 $9,490 $350,560 -$631,748
ECM Construction Duration (Years)0 7 Year 7 $375,766 $0 $0 $375,766 $0 $9,680 $9,680 $366,086 -$265,662
Annual Escalation of Electricity Cost 5.00%8 Year 8 $392,173 $0 $0 $392,173 $0 $9,874 $9,874 $382,299 $116,638
Annual Escalation of O&M Cost/Savings 2.00%9 Year 9 $409,300 $0 $0 $409,300 $0 $10,071 $10,071 $399,229 $515,867
Change Settings on TELP Page 10 Year 10 $427,180 $0 $0 $427,180 $0 $10,273 $10,273 $416,907 $932,774
11 Year 11 $445,843 $0 $0 $445,843 $0 $10,478 $10,478 $435,365 $1,368,139
12 Year 12 $465,324 $0 $0 $465,324 $0 $10,688 $10,688 $454,637 $1,822,776
13 Year 13 $485,659 $0 $0 $485,659 $0 $10,901 $10,901 $474,757 $2,297,533
14 Year 14 $506,883 $0 $0 $506,883 $0 $11,119 $11,119 $495,763 $2,793,297
15 Year 15 $529,034 $0 $0 $529,034 $0 $47,492 $47,492 $481,543 $3,274,839
16 Year 16 $552,153 $0 $0 $552,153 $0 $11,569 $11,569 $540,585 $3,815,424
17 Year 17 $576,281 $0 $0 $576,281 $0 $11,800 $11,800 $564,482 $4,379,906
18 Year 18 $601,461 $0 $0 $601,461 $0 $12,036 $12,036 $589,426 $4,969,331
19 Year 19 $627,738 $0 $0 $627,738 $0 $12,277 $12,277 $615,462 $5,584,793
20 Year 20 $655,158 $0 $0 $655,158 $0 $12,522 $12,522 $642,636 $6,227,429
21 Year 21 $362,882 $0 $0 $362,882 $0 $12,773 $12,773 $350,110 $6,577,539
22 Year 22 $378,565 $0 $0 $378,565 $0 $13,028 $13,028 $365,537 $6,943,076
23 Year 23 $394,928 $0 $0 $394,928 $0 $13,289 $13,289 $381,640 $7,324,716
24 Year 24 $412,001 $0 $0 $412,001 $0 $13,554 $13,554 $398,447 $7,723,163
25 Year 25 $429,813 $0 $0 $429,813 $0 $13,825 $13,825 $415,988 $8,139,150
26 Year 26 $448,396 $0 $0 $448,396 $0 $14,102 $14,102 $434,294 $8,573,445
27 Year 27 $467,782 $0 $0 $467,782 $0 $14,384 $14,384 $453,398 $9,026,843
28 Year 28 $488,006 $0 $0 $488,006 $0 $14,672 $14,672 $473,334 $9,500,177
29 Year 29 $509,101 $0 $0 $509,101 $0 $14,965 $14,965 $494,136 $9,994,313
30 Year 30 $531,106 $0 $0 $531,106 $0 $15,264 $15,264 $515,842 $10,510,155
31 Year 31 $0 $0 $0 $0 $0 $0 $0 $0 $10,510,155
32 Year 32 $0 $0 $0 $0 $0 $0 $0 $0 $10,510,155
33 Year 33 $0 $0 $0 $0 $0 $0 $0 $0 $10,510,155
Totals $13,419,350 $1,415,542 $0 $14,834,893 $3,939,881 $384,857 $4,324,738 $10,510,155
Cash
Position
City of Cupertino Project Savings Project Costs
Project
SavingsPreliminary Cash Flow Analysis (Cash)
$4,000,000
$2,000,000
$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
10,000,000
12,000,000
1 6 11 16 21 26 31
Project Revenues (Cash Purchase)
Cumulative Cash Flow Annual Cash Flow
Year
Projected
Energy
Savings
Incentives
Projected
O&M
Savings
Total
Program
Savings
Project
Payments
PV O&M
and M&V
Cost
Total
Program
Costs
Project Cost $4,882,235 1 Year 1 $344,892 $1,791,997 $0 $2,136,889 $4,882,235 $10,136 $4,892,371 -$2,755,481 -$2,755,481
Inflation Reduction Act (Solar)*$1,791,997 2 Year 2 $359,977 $0 $0 $359,977 $0 $10,338 $10,338 $349,638 -$2,405,843
Other Incentives $0 3 Year 3 $375,727 $0 $0 $375,727 $0 $10,545 $10,545 $365,182 -$2,040,661
*IRA Solar Incentive is an Estimate - SES is not a Financial Advisor 4 Year 4 $392,172 $0 $0 $392,172 $0 $10,756 $10,756 $381,416 -$1,659,244
Total Grants and Incentives 1,791,997$ 5 Year 5 $409,342 $0 $0 $409,342 $0 $10,971 $10,971 $398,371 -$1,260,873
PV Construction Duration (Years)0 6 Year 6 $427,268 $0 $0 $427,268 $0 $11,190 $11,190 $416,078 -$844,795
ECM Construction Duration (Years)0 7 Year 7 $445,983 $0 $0 $445,983 $0 $11,414 $11,414 $434,568 -$410,227
Annual Escalation of Electricity Cost 5.00%8 Year 8 $465,520 $0 $0 $465,520 $0 $11,643 $11,643 $453,878 $43,651
Annual Escalation of O&M Cost/Savings 2.00%9 Year 9 $485,916 $0 $0 $485,916 $0 $11,875 $11,875 $474,041 $517,691
Change Settings on TELP Page 10 Year 10 $507,207 $0 $0 $507,207 $0 $12,113 $12,113 $495,094 $1,012,785
11 Year 11 $529,432 $0 $0 $529,432 $0 $12,355 $12,355 $517,077 $1,529,862
12 Year 12 $552,631 $0 $0 $552,631 $0 $12,602 $12,602 $540,028 $2,069,890
13 Year 13 $576,845 $0 $0 $576,845 $0 $12,854 $12,854 $563,991 $2,633,881
14 Year 14 $602,119 $0 $0 $602,119 $0 $13,111 $13,111 $589,008 $3,222,889
15 Year 15 $628,498 $0 $0 $628,498 $0 $56,274 $56,274 $572,224 $3,795,113
16 Year 16 $656,029 $0 $0 $656,029 $0 $13,641 $13,641 $642,388 $4,437,501
17 Year 17 $684,761 $0 $0 $684,761 $0 $13,914 $13,914 $670,847 $5,108,348
18 Year 18 $714,746 $0 $0 $714,746 $0 $14,192 $14,192 $700,554 $5,808,902
19 Year 19 $746,037 $0 $0 $746,037 $0 $14,476 $14,476 $731,561 $6,540,462
20 Year 20 $778,689 $0 $0 $778,689 $0 $14,766 $14,766 $763,924 $7,304,386
21 Year 21 $491,873 $0 $0 $491,873 $0 $15,061 $15,061 $476,813 $7,781,199
22 Year 22 $513,253 $0 $0 $513,253 $0 $15,362 $15,362 $497,891 $8,279,090
23 Year 23 $535,561 $0 $0 $535,561 $0 $15,669 $15,669 $519,892 $8,798,982
24 Year 24 $558,836 $0 $0 $558,836 $0 $15,983 $15,983 $542,853 $9,341,835
25 Year 25 $583,119 $0 $0 $583,119 $0 $16,302 $16,302 $566,816 $9,908,651
26 Year 26 $608,452 $0 $0 $608,452 $0 $16,628 $16,628 $591,824 $10,500,475
27 Year 27 $634,881 $0 $0 $634,881 $0 $16,961 $16,961 $617,920 $11,118,394
28 Year 28 $662,450 $0 $0 $662,450 $0 $17,300 $17,300 $645,150 $11,763,545
29 Year 29 $691,210 $0 $0 $691,210 $0 $17,646 $17,646 $673,563 $12,437,108
30 Year 30 $721,208 $0 $0 $721,208 $0 $17,999 $17,999 $703,209 $13,140,317
31 Year 31 $0 $0 $0 $0 $0 $0 $0 $0 $13,140,317
32 Year 32 $0 $0 $0 $0 $0 $0 $0 $0 $13,140,317
33 Year 33 $0 $0 $0 $0 $0 $0 $0 $0 $13,140,317
Totals $16,684,633 $1,791,997 $0 $18,476,630 $4,882,235 $454,078 $5,336,313 $13,140,317
Cash
Position
City of Cupertino Project Savings Project Costs
Project
SavingsPreliminary Cash Flow Analysis (Cash)
$4,000,000
$2,000,000
$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
10,000,000
12,000,000
14,000,000
1 6 11 16 21 26 31
Project Revenues (Cash Purchase)
Cumulative Cash Flow Annual Cash Flow
City of Cupertino Photovoltaic Systems Design and Installation Project
RFP for Design-Build Entities – Appendix H Page 1
CUPERTINO PHOTOVOLTAIC SYSTEMS DESIGN AND INSTALLATION PROJECT
APPENDIX H
DBE Questionnaire
Part A: General Information
DBE Business Name: Syserco Energy Solutions, Inc. _ (“DBE”)
Check One: X Corporation (State of incorporation: California)
___ Partnership
___ Sole Proprietorship
___ Joint Venture of: _________________________________
___ Other: __________________________________________
Main Office Address and
Phone
215 Fourier Avenue, Suite 140, Fremont, CA 94539 510.498.1410
Local Office Address and
Phone
215 Fourier Avenue, Suite 140, Fremont, CA 94539 510.498.1410
Website Address www.syserco-es.com
Contact Name and Title Gabe Johnson, Account Executive
Contact Phone and Email 707.227.6377 (mobile), g.johnson@syserco-es.com
Bidder’s California
Contractor’s License
Number(s)
CSLB License #991301 (C-10, B) Issue Date: 03/19/2014 Expire Date: 03/31/2026
Bidder’s DIR Registration
Number
PW-LR-1000545743 Effective date: 7.09.2021 Expiration date: 06.30.2024
Part B: DBE Experience
1 How many years has each of the entities of the DBE been
in business under the present business name? (in years)
11 years
2 Has the GC entity completed projects similar in type and
size to this Project as a general contractor? (yes or no)
Yes
City of Cupertino Photovoltaic Systems Design and Installation Project
RFP for Design-Build Entities – Appendix H Page 2
3 Has the DBE completed projects similar in type and size
to this Project as this DBE? (yes or no)
Yes
4 Has DBE or any of its team ever been disqualified from a
bid on grounds that it is not responsible, or otherwise
disqualified or debarred from bidding under state or
federal law? (yes or no)
No
If yes, provide additional information on a separate
sheet regarding the disqualification or debarment,
including the name and address of the agency or
owner of the project, the type and size of the project,
the reasons that DBE was disqualified or debarred,
and the month and year in which the disqualification
or debarment occurred.
N/A
4 Has DBE or any of its team ever been terminated for
cause, alleged default, or legal violation from a
construction project, either as a general contractor or as a
subcontractor? (yes or no)
No
If yes, provide additional information on a separate
sheet regarding the termination, including the name
and address of the agency or owner of the subject
project, the type and size of the project, whether
Bidder was under contract as a general contractor or
a subcontractor, the reasons that DBE was
terminated, and the month and year in which the
termination occurred.
N/A
5 Provide information about Bidder’s past projects
performed as general contractor as follows:
a. Three most recently completed public works
projects within the last three years
b. Three largest completed projects within the last
three years
c. Any project which is similar to this Project
including scope and character of the work.
Please see the following pages for answers to these questions.
City of Cupertino Photovoltaic Systems Design and Installation Project
RFP for Design-Build Entities – Appendix H Page 3
a. Three most recently completed public works projects within the last three years:
• North County Joint Union School District, Hollister, CA – 2023, $1.4 million NEM 2.0 solar PV
project including 190.4 kW-DC carport structure. (completed 10.30.24).
• Emery Unified School District, Emeryville, CA – 2022, $5.5 million energy solutions project including CalSHAPE Ventilation assessment, installation of CO2 sensors, refrigeration controls, HVAC upgrades, LED lighting retrofit, building envelope improvements, a battery energy storage system (BESS), and a rooftop solar PV array totaling 731.7 kW-DC. (Completed 11.30.24)
• Grass Valley School District, Grass Valley, CA – 2022, $3.6 million energy generation project including installation of two generators and four solar PV systems totaling 418.5 kW-DC. (Completed 12.15.24)
b. Three largest completed projects within the last three years:
• Berkeley Unified School District, Berkeley, CA – $6.7 million energy solutions project including LED lighting retrofit, building automation system (BAS) upgrades, transformer upgrades, refrigeration controls, hydronic system thermal efficiencies, building envelope improvements, HVAC upgrades and replacements. (Completed 09.30.24)
• Emery Unified School District, Emeryville, CA – 2022, $5.5 million energy solutions project including CalSHAPE Ventilation assessment, installation of CO2 sensors, refrigeration controls, HVAC upgrades, LED lighting retrofit, building envelope improvements, a battery energy storage system (BESS), and a rooftop solar PV array totaling 731.7 kW-DC.
(Completed 11.30.24)
• City of La Puente, CA – 2021, $3.5 million energy solutions project including LED lighting, EV charger installation, HVAC improvements, building envelope upgrades, rooftop and carport solar PV arrays totaling 385.65 kW-DC. (completed 04.01.23)
c. Any project which is similar to this Project including scope and character of the work:
The following projects all include solar PV, many of which are NEM 2.0 projects.
Local Government Solar PV Projects
• City of Norwalk, CA – 2024, $21 million energy solutions and NEM 2.0 project including building automation system (BAS) upgrades, HVAC upgrades and replacements, LED sports lighting and controls, building envelope improvements, transformer replacement, five carports and 2 rooftop solar PV arrays totaling over 2.0 MW (2,012 kW-DC).
• City of Morgan Hill, CA – 2024, $7.5 million NEM 2.0 project including six carport solar PV arrays and one solar PV shade structure totaling nearly 1 MW (967.10 kW-DC).
• City of Fort Bragg, CA – 2024, $7.5 million NEM 2.0 and roof replacement project including two
carports, three rooftops, and one floating solar PV array totaling nearly 1 MW (934.0 kW-DC).
• City of Gilroy, CA – 2023, $6 million NEM 2.0 project including 2 carports and 2 rooftop solar
PV arrays totaling over 1.1 MW (1,132.7 kW-DC).
• City of Willits, CA – 2024, $4.7 million NEM 2.0 solar PV project including two solar arrays
totaling 674.0 kW-DC.
City of Cupertino Photovoltaic Systems Design and Installation Project
RFP for Design-Build Entities – Appendix H Page 4
• City of Dos Palos, CA – 2023, $5.2 million energy solutions and NEM 2.0 project including LED lighting, building envelope upgrades, 691.2 kW-DC solar PV arrays, EV charger installation,
transformer replacement, power quality correction, and parking lot resurfacing
• City of La Puente, CA – 2021, $3.5 million energy solutions project including LED lighting, EV charger installation, HVAC improvements, building envelope upgrades, rooftop and carport solar PV arrays totaling 385.65 kW-DC.
• City of Mountain View, CA – 2024, $2.3 million energy solutions and NEM 2.0 project including boiler improvements, chiller improvements, building automation system (BAS) upgrades, HVAC replacement and upgrades, internal/external LED lighting retrofits, chilled/hot water controls, variable frequency drive (VFD) repairs, solar PV rooftop and carport structures totaling 254.1 kW-DC.
• City of Daly City Fire Station 93, CA – 2024, $576,400 energy solutions project including HVAC upgrades, LED lighting retrofit, building envelope improvements, and a 25.6 kW-DC rooftop solar PV array.
Public School District Solar PV Projects
• Santa Rosa City Schools, Santa Rosa, CA – 2022, $21 million solar PV project installing 19 carport structure solar PV arrays and one rooftop array totaling 4.5 MW (4,500.0 kW-DC) across 20 sites.
• Firebaugh-Las Deltas Unified School District, Firebaugh, CA – 2024, $7.5 million energy solutions project including HVAC upgrades and replacements, refrigeration controls, LED lighting retrofit and controls upgrade, transformer replacement, plug load controls, and two
carport solar PV arrays totaling 122.7 kW-DC.
• Berkeley Unified School District, Berkeley, CA – $6.7 million energy solutions project including LED lighting retrofit, building automation system (BAS) upgrades, transformer upgrades,
refrigeration controls, hydronic system thermal efficiencies, building envelope improvements, HVAC upgrades and replacements. (Completed 09.30.24)
• Emery Unified School District, Emeryville, CA – 2022, $5.5 million energy solutions project including CalSHAPE Ventilation assessment, installation of CO2 sensors, refrigeration controls, HVAC upgrades, LED lighting retrofit, building envelope improvements, a battery energy
storage system (BESS), and a rooftop solar PV array totaling 731.7 kW-DC.
• Yolo County Office of Education, Woodland, CA – 2024, $4.7 million energy solutions project including 388.13 kW-DC solar, EV charger installation, battery energy storage system (BESS),
microgrid, CalSHAPE Ventilation assessment, equipment controls, HVAC upgrades, building envelope improvements, and plug load controls.
• Grass Valley School District, Grass Valley, CA – 2022, $3.6 million energy generation project including installation of two generators and four solar PV systems totaling 418.5 kW-DC.
• Penn Valley Union Elementary School District, Penn Valley, CA – 2024, $3.5 million energy solutions and NEM 2.0 project including CalSHAPE Ventilation assessment, HVAC repair/replacements, LED lighting retrofit, water conservation measures, one carport and one
ground mounted solar array totaling 199.53 kW-DC.
City of Cupertino Photovoltaic Systems Design and Installation Project
RFP for Design-Build Entities – Appendix H Page 5
• Spreckels Union School District, Spreckels, CA – 2022, $3.2 million energy solutions project including CalSHAPE assessment and solar PV carport and ground mount arrays totaling 212.4
kW-DC.
• Cabrillo Unified School District (Ph. 3), Half Moon Bay, CA – 2021, $2.7 million energy solutions project including solar PV carports and roof-mount systems totaling 786.5 kW-DC.
• Washington Union School District, Salinas, CA – 2024, $2.7 million NEM 2.0 project including one carport and 2 rooftop solar PV arrays totaling 198.9 kW-DC.
• Los Banos Unified School District, Los Banos, CA – 2024, $2.3 million NEM 2.0 project including a 232 kW-DC carport solar PV structure and installation of EV chargers.
• North County Joint Union School District, Hollister, CA – 2023, $1.4 million solar PV project including 190.4 kW-DC carport structure.
Other Municipal Solar PV Projects
• Hayward Area Recreation & Park District, Hayward, CA – 2023, $14.2 million energy solutions project including 4 carport and 11 rooftop solar PV arrays totaling 625 kW-DC, building
automation system (BAS) upgrades, HVAC replacements and upgrades, LED lighting retrofit, building envelope improvements, transformer upgrades, water conservation improvements, and a roof replacement.
• Livermore Parks and Recreation District (Ph. 2), Livermore, CA – 2020, $1.4 million energy
solutions project including 437.4 kW-DC solar PV carport.
• Ambrose Recreation & Park District, Bay Point, CA – 2020, $517,550 solar project including 50.80 kW-DC rooftop solar array, HVAC upgrades, controls, internal/external LED lighting retrofits, and smart pool pump controls.
City of Cupertino Photovoltaic Systems Design and Installation Project
RFP for Design-Build Entities – Appendix H Page 6
Part C: Project Experience
Provide information on at least three projects that are similar in scope and character to this
project. Two of the projects must be public sector projects. (Use separate sheets if required)
PROJECT #1
A Project name City of Mountain View NEM 2.0 Solar PV
B Project location 500 Castro St, Mountain View, CA 94041
C Project description:
Design-build project, design and installation of 254.1 kW-DC in solar PV arrays.
D Client/Owner (name, address, email, and
phone number
Damtew Ayele, Project Manager, City of Mountain View 500 Castro St, Mountain View, CA 94041 damtew.ayele@mountainview.gov 650.903.6267
E Prime contractor, if applicable (name,
address, email, and phone number
Syserco Energy Solutions, Inc.
F Architect or engineer (name, email, and
phone number
Mariana Moncada, Principal and Owner, MMPV Design mariana@mmpvdesign.com
619.632.2883
G Project and/or construction manager (name,
email, and phone number
Pablo Orozco, Project Director p.orozco@syserco-es.com 510.513.3545
H Scope of work performed (as general
contractor or as subcontractor
Project design, project management and implementation.
I Initial contract price $5,169,388
J Final contract price (including change
orders);
TBD – Project is currently in construction
K Original scheduled completion date March 2026
L Actual date of completion TBD – Project is currently in construction
M Time extensions granted (number of days) N/A
N Number and amount of stop notices or
mechanic’s liens filed
N/A
O Amount of any liquidated damages
assessed against Bidder
N/A
P Nature and resolution of any project-
related claim, lawsuit, mediation, or
arbitration involving Bidder
N/A
Q Other Notes $491,400 annually utility savings
City of Cupertino Photovoltaic Systems Design and Installation Project
RFP for Design-Build Entities – Appendix H Page 7
PROJECT #2
A Project name City of Morgan Hill NEM 2.0 Solar PV
B Project location 17575 Peak Ave, Morgan Hill, CA 95037
C Project description:
Design-build project, design and installation of 592.2 kW-DC in solar PV arrays.
D Client/Owner (name, address, email, and
phone number
Chris Ghione, Public Services Director, City of Morgan Hill 17575 Peak Ave, Morgan Hill, CA 95037
chris.ghione@morganhill.ca.gov 408.782.9154
E Prime contractor, if applicable (name,
address, email, and phone number
Syserco Energy Solutions, Inc.
F Architect or engineer (name, email, and
phone number
TBD – Will be subbed out by McMillan Electric.
G Project and/or construction manager (name,
email, and phone number
Pablo Orozco, Project Director p.orozco@syserco-es.com 510.513.3545
H Scope of work performed (as general
contractor or as subcontractor
Project design, project management and implementation.
I Initial contract price $5,169,388
J Final contract price (including change
orders);
TBD – Project is currently in construction
K Original scheduled completion date December 2025
L Actual date of completion TBD – Project is currently in construction
M Time extensions granted (number of days) N/A
N Number and amount of stop notices or
mechanic’s liens filed
N/A
O Amount of any liquidated damages
assessed against Bidder
N/A
P Nature and resolution of any project-
related claim, lawsuit, mediation, or
arbitration involving Bidder
N/A
Q Other Notes Projected Lifecycle Cost Savings = $18.6M
City of Cupertino Photovoltaic Systems Design and Installation Project
RFP for Design-Build Entities – Appendix H Page 8
PROJECT #3
A Project name City of Gilroy NEM 2.0 Solar PV
B Project location 7351 Rosanna St, Gilroy, CA 95020
C Project description:
This project involved a Power Purchase Agreement (PPA) between the City of Gilroy (City) and Jua Capital, LLC. A total of 1,132.7 kW-DC solar PV arrays were designed and built across four locations within the City limits.
D Client/Owner (name, address, email, and
phone number
Walter Dunckel, Facilities Superintendent,
City of Gilroy walter.dunckel@ci.gilroy.ca.us 408.461.0854
E Prime contractor, if applicable (name,
address, email, and phone number
Syserco Energy Solutions, Inc.
F Architect or engineer (name, email, and
phone number
TBD – Will be subbed to Patterson Engineering, Inc.
G Project and/or construction manager (name,
email, and phone number
Javier Palma, Project Manager j.palma@syserco-es.com 510.975.0226
H Scope of work performed (as general
contractor or as subcontractor
Project design, project management and implementation.
I Initial contract price $6,061,550
J Final contract price (including change
orders);
TBD – Project is currently in construction
K Original scheduled completion date Spring 2025
L Actual date of completion Project is on schedule, to be completed in April 2025.
M Time extensions granted (number of days) N/A
N Number and amount of stop notices or
mechanic’s liens filed
N/A
O Amount of any liquidated damages
assessed against Bidder
N/A
P Nature and resolution of any project-
related claim, lawsuit, mediation, or
arbitration involving Bidder
N/A
Q Other Notes Power Purchase Agreement in place with
Jua Capital, LLC
Please see the following pages for more information about these projects.
City of Cupertino Photovoltaic Systems Design and Installation Project
RFP for Design-Build Entities – Appendix H Page 9
Part D: Safety
1. Provide DBE’s Experience Modification Rate (EMR) for the last three years:
Year EMR
2023 0.69 (69%) – Effective 03/01/2023
2022 0.61 (61%) – Effective 03/01/2022
2021 0.59 (59%) – Effective 03/01/2021
2. 2. Complete the following, based on information provided in DBE’s CalOSHA Form 300
or Form 300A, Annual Summary of Work-Related Illnesses and Injuries, from the most
recent past calendar year:
2.1 Number of lost workday cases 0
2.2 Number of medical treatment cases 0
2.3 Number of deaths 0
3. Has the DBE ever been cited, fined, or prosecuted by any local, state, or federal agency,
including OSHA, CalOSHA, or EPA, for violation of any law, regulation, or
requirements pertaining to health and safety?
Yes or No? No
If yes, provide additional information on a separate sheet regarding each such citation,
fine, or prosecution, including the name and address of the agency or owner of the
project, the type and size of the project, the reasons for and nature of the citation, fine, or
prosecution, and the month and year in which the incident giving rise to the citation,
fine, or prosecution occurred.
4. Name, title, and email for person responsible for DBE’s safety program:
Felix Ukpabi Safety Manager f.ukpabi@syserco-es.com
City of Cupertino Photovoltaic Systems Design and Installation Project
RFP for Design-Build Entities – Appendix H Page 10
Part E: Verification
In signing this document, I, the undersigned, declare that I am duly authorized to sign and
submit this DBE Questionnaire on behalf of the named DBE, and that all responses and
information set forth in this DBE Questionnaire and accompanying attachments are, to the best
of my knowledge, true, accurate and complete as of the date of submission. I declare under
penalty of perjury under the laws of the State of California that the foregoing is true and
correct.
Signature: ____________________________________________ Date: 12.23.24
By: Majd Khleif, Board Chair & President, Syserco Energy Solutions, Inc.
Name and Title
END OF BIDDER’S QUESTIONNAIRE
Docusign Envelope ID: 65029446-322C-46B1-B77B-FE2E36B155A7
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Board Chair & President Syserco Energy Solutions, Inc
Majd Khleif
December 23, 2024
Fremont
California
Docusign Envelope ID: 65029446-322C-46B1-B77B-FE2E36B155A7
City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Syserco Energy Solutions, Inc. 21 L. Exceptions
L. Exceptions
Progress Meetings
During the course of the Construction Phase, progress meetings will be conducted on a weekly basis by the City and at DBE’s on-site office, unless otherwise specified.
Note: SES does not intend to have an on-site office for this Project.
Insurance Coverages
The Design-Build Contract included in the RFP contains insurance requirements in the General Conditions section. The requested insurance coverage is beyond what Syserco Energy Solutions carries, and the cost of the additional insurance is not included in our Proposal.
Please see a copy of our current Certificate of Insurance on the following page.
Specifically, the gaps in our current coverage and the levels of coverage requested in the City’s General Conditions include (but may not be limited to):
Commercial General Liability (CGL)
Syserco Energy has $1M per occ underlying + $10M per occurrence umbrella = $11M total GL per occurrence.
Automobile Liability
SES has $1M auto + $10M umbrella = $11M total limit for auto
Professional Liability
SES has a $3M E&O/Pollution limit.
Builder’s Risk.
SES is willing to provide an “Installation Floater”, but Builder’s Risk is unnecessary for this Project.
SES currently has a $2M per jobsite Installation Floater
Pollution and/or Asbestos Legal Liability.
SES has $3,000,000 aggregate.
215 Fourier Ave. Suite 140 | Fremont, CA 94539 | Ph. 510.498.1410 | F. 510.498.1160
City of Cupertino PV Project
Attachment A
February 11, 2025
Customer Furnished/Performed Items
1. Available as-built drawings or site-specific information necessary to effectively design, engineer and
construct the renewable energy solution including but not limited to past site plans, all existing utilities
(including irrigation infrastructure), permits for past work, etc.
2. Provide a site access road that will accommodate heavy vehicles, deliveries, and service vehicles. City will
not be responsible for the conditions for the site access road.
3. Lab of Record (LOR), Inspector of Record (IOR), and special inspections.
Exclusions
1. Upgrades to existing ADA paths of travel. Any necessary upgrades to existing ADA paths of travel
determined after due diligence after Contract Effective Date by the AOR will be managed through a
contract change order.
2. Any facility or infrastructure upgrades not directly required by the scope of work, including but not
limited to existing ADA paths of travel will be managed through a contract change order.
3. Any required upgrades to the existing roof structures determined after detailed structural engineering is
performed are excluded.
4. Typical soils are assumed for carport and shade structure foundation design. Soils conditions shall be
confirmed by a geotechnical evaluation under SES scope. Changes to foundation design required due to
non-standard soil conditions (rocky soil, soft soil stabilization, Dewatering drilled foundations and
sleeving of foundations) are excluded.
5. Engineering, installation, and maintenance of permanent stormwater facilities and features if required by
the AHJ including but not limited to riprap, basins, inlet structures, and down inlet protections. Best
management practice (BMP) mitigations required during construction are not excluded.
6. De-mobilizations as directed by the city after construction has started at each site.
7. Environmental engineering and/or any environmental/biological remediation.
8. Floodplain engineering and/or any alterations to site and materials to accommodate floodplains.
9. Service upgrades, electrical service equipment, or new services.
10. Changes to project design and implementation required to accommodate easements and/or rights of way
not listed in the scope of work.
11. Environmental assessment, environmental impact reports, testing, and other reports not listed in the scope
of work.
12. Any design or engineering related to flood plans and/or FEMA high-hazard floodplains.
13. Relocation and/or removal of any existing utilities (active or abandoned), inclusive of water, electricity,
communication, data, cable TV, security systems, irrigation, etc.
14. Hazardous material surveys, testing, and/or monitoring.
15. Removal and/or disposal of any hazardous or contaminated materials.
16. Excavation, removal, and/or disposal of unsuitable materials.
215 Fourier Ave. Suite 140 | Fremont, CA 94539 | Ph. 510.498.1410 | F. 510.498.1160
Page 2 of 2
17. Corrosion-resistant materials (beyond standard galvanization).
18. Arc Fault Hazard Assessment.
19. Overcurrent Protection Coordination Studies.
Additional Services
Services not included in the contract which can be added are as follows:
1. Extension of electrical infrastructure on Sports Center site to areas other than the proposed carport site to
support additional EV chargers / Installation of additional EV chargers in Sports Center site rear
parking lot.
2. Electrical service upgrade at Sports Center site to support additional scopes of work.
3. Improvements to the existing picnic area within Memorial Park (as part of the Quinlan Community Center PV
project), such as new fixtures, furniture, paving, and other facility renovations.
4. Installation of Solar PV system at Library Site
5. Installation of Energy Storage Systems (ESS) at all project locations
6. Analysis, due diligence and implementation for additional energy services at these sites and other city
facilities.
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT
NAME:
FAXPHONE
(A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence)
MED EXP (Any one person)$
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER:$
COMBINED SINGLE LIMIT
$(Ea accident)
ANY AUTO BODILY INJURY (Per person)$
OWNED SCHEDULED
BODILY INJURY (Per accident)$AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
$AUTOS ONLY AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below
INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
2/28/2024
License # 0G66614
(925) 226-7350 (925) 226-7380
25682
Syserco Energy Solutions, Inc.
215 Fourier Avenue
Fremont, CA 94539
25674
20044
30481
A 1,000,000
CO-4W765201 3/1/2024 3/1/2025 300,000
15,000
1,000,000
2,000,000
2,000,000
1,000,000A
BA-4W762364 3/1/2024 3/1/2025
10,000,000B
CUP-4W765409 3/1/2024 3/1/2025 10,000,000
10,000
C
SYWC561290 3/1/2024 3/1/2025 1,000,000
Y 1,000,000
1,000,000
D Prof/Pollution ZCD-91N77150 3/1/2024 Each Claim $3M/Agg 3,000,000
Evidence of Coverage In Force
To Whom It May Concern
SYSEENE-01 MIZO
One Risk Group, LLC DBA: One Risk Management & Insurance Services
6701 Koll Center Parkway, Suite 350
Pleasanton, CA 94566 Certificates@oneriskgroup.com
Travelers Indemnity Co of CT
Travelers Property Casualty Company of America
Berkshire Hathaway Homestate Ins Co
St. Paul Surplus Lines Insurance Company
X
3/1/2025
X
X
X
X
X
X
X
City of Cupertino Statement of Qualifications to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
CITY OF CUPERTINO
Proposal to Provide Design-Build Services for the Cupertino Photovoltaic
Systems Design and Installation Project
Presented to:
City of Cupertino Public Works Department 10555 Mary Avenue
Cupertino, CA 95014
Presented by:
Syserco Energy Solutions, Inc.
December 23, 2024
The information contained in this document and all attached documents is strictly confidential and contains
proprietary information. It may only be used by the named addressee(s) and is also subject to the terms of any other
confidentiality or nondisclosure agreement between parties. A. Cover Lette
DOCUMENT 1.2
RFP SUBMITTAL
12/27/2024
DOCUMENT 1.2
RFP SUBMITTAL
12/27/2024
SYSERCO ENERGY SOLUTIONS, INC. 215 Fourier Avenue Suite 140 Fremont, CA 94539
707.227.6377 (mobile) g.johnson@syserco-es.com
Syserco Energy Solutions, Inc. 1 www.syserco-es.com
A. Cover Letter
December 24, 2024
Susan Michael, CIP Manager Chad Mosley, PE, Director of Public Works & City Engineer City of Cupertino, Public Works Department 10555 Mary Avenue Cupertino, CA 95014
RE: Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Dear Ms. Michael and Mr. Mosely,
Syserco Energy Solutions, Inc. (SES) is pleased to present the enclosed proposal to the City of Cupertino (City) in response to your Request for Proposal (RFQ) from short-listed Design-Build Entities for the Cupertino Photovoltaic Systems Design and Installation Project.
Our team has reviewed all materials, addenda, and related project documents the City has issued in relation to this RFP, ensuring our full understanding of the project scope and goals of this project. As detailed in our DBE Questionnaire, we have designed and implemented numerous solar PV projects for cities, several of which are very similar to your project in Cupertino. We have highlighted a few projects in the South Bay Area where we are performing the same services that will be provided to the City, with the common goal of completing the projects and receiving Permission to Operate (PTO) from PG&E ahead of the NEM 2.0 deadline (April 15, 2026). Specifically, we are currently under contract and in construction for the following projects:
City of Mountain View – 3 sites; 592.2 kW, carport and rooftop designs
City of Morgan Hill – 7 sites; 967.1 kW, carport and shade structure designs
City of Gilroy – 4 sites; 1,125 kW, carport and rooftop designs
City of Willits – 2 sites; 674 kW, carport and rooftop designs
City of Fort Bragg – 6 sites; 1,261,928 kW, carport, rooftop, and ground-mount designs
All five projects are on schedule to achieve PTO for NEM 2.0 status ahead of the deadline. Additional details for these projects can be found in the body of this proposal. With our office headquarters in Fremont, CA and resources deployed across the South Bay at these sites, SES is well-positioned to provide an active presence across all disciplines of your project from start to finish.
Project Pricing
Our intention for this proposal is to provide complete pricing to ensure there are no corners being cut, and to provide the City with confidence that the solar arrays being built meet the highest standards for quality and reliability. To demonstrate our familiarity with your sites and understanding of the goals of City staff, its Sustainability Committee, Parks and Recreation Committee, City Council, and your community, we are providing pricing for all aspects as required by the RFP, as well as alternate options for consideration. The additional design options will provide City staff with a complete understanding of all potential options so that you can make decisions that align with the goals and available budget.
Syserco Energy Solutions, Inc. 2 www.syserco-es.com
Schedule
We have included a detailed project schedule that has been constructed in accordance with realistic market conditions and availability of materials and resources. We have a high level of confidence in our ability to meet our proposed schedule with clear understanding of the importance of achieving NEM 2.0 status for all systems being installed. For the City to realize the financial gains associated with NEM 2.0 status and complete the project on time, it is imperative that the City work with an experienced contractor that has demonstrated the ability to deliver on similar projects in the region. Our schedule reflects our ability to
understand the challenges of your project and mitigate any conditions that would cause delays. Our pricing and schedule both include providing full-time construction management services that will be dedicated to
your project on a daily basis, and laser focused on maintaining each schedule milestone.
Technical Design Expertise
We have established a team that is qualified and experienced in the design and implementation of solar projects. We have worked closely with MMPV Design on past projects and can attest to their professionalism
and beautiful design capabilities. We are partnering with the leading design and implementation firms in the Bay Area, who have demonstrated a proven track record and high level of familiarity with the requirements for your project. This collective team, including SES, MMPV, McMillan Electric, and Teichert Solar, provides the most robust and experienced team available. Our collaborative working relationship will ensure the best possible outcome for the City.
Construction & Procurement Expertise
Our selected subcontractors are licensed, reputable, and extremely reliable. Each subcontractor brings years
of experience on solar projects just like this one. We anticipate excellent collaboration with all subcontractors and assure the City will meet the impending NEM 2.0 deadline without issue.
Design Approach
Our design approach is based on extensive conversations with City staff about their desire to conserve energy, save money, and adhere to the priorities of the community, City Council, Parks and Rec, and the Sustainability team. Our approach to designing these systems comes with sincere consideration of protecting trees, logistics of site access, reflectivity of lighting on neighboring homes and tennis courts, and a high level of aesthetic appeal to the community. Our team has walked the proposed sites, knows the project parameters well, and has considered all potential designs that best align with the overall goals of City
staff and the community of Cupertino.
Procurement Approach
As our teams have completed multiple solar projects, and are currently in construction with many more, we fully understand the demand for solar PV materials and equipment. We have developed succinct methods of
procurement for solar projects that are unparalleled. All partners and subcontractors have already been selected and are aware of the materials and labor requirements of your projects. We assure you that the procurement process will be timely and run smoothly so that the City will meet the NEM 2.0. deadline.
Construction Approach
Our proposed Project Manager, Pablo Orozco, is also a Professional Engineer with extensive knowledge about energy efficiency, materials, equipment, and construction engineering. Pablo will be the lead Project Manager for the City’s project and will be supplied with additional resources from our internal team and our subcontractors. Our plan is to provide dedicated project management and construction services with daily on-site supervision, ensuring a successful project.
Syserco Energy Solutions, Inc. 3 www.syserco-es.com
This is a critical component for the success of this project, and we fully understand how important it is that the City works with experienced and dedicated professionals.
Pablo has over 40 years of engineering, procurement, and implementation of comprehensive energy conservation and solar PV projects. He spent many years working for UC Davis leading pioneering efforts for solar PV projects and has actively managed many large-scale solar projects, with multiple sites, for SES over the last seven years. Pablo is a proactive communicator who relies on oral and written forms of communication to make sure our customers are well informed during all stages of the project. This project is very important to us, and Pablo will be supported by Nagib Elzein, Operations Manager, and Doug McCoy, Vice President of Business Operations.
Life-Cycle Costs
The solar arrays being proposed for this project are designed with the intent of maximizing the overall life-cycle cost savings, while keeping construction costs as low as possible. In the body of this proposal, you will see cash-flow proformas for each site that highlight the financial value that each system will deliver. In order to prepare the City for ongoing operational costs, we have factored in "market-condition" costs for ongoing maintenance and cleaning of the systems. Savings are projected based on calculated historical utility data so that the city can be assured of realistic financial gains. Each system included in this proposal provides an
excellent opportunity for the City to realize a significant amount of savings, while accounting for all expected ongoing costs.
We are in receipt of Addendum No. 1, Addendum No. 2, and Addendum No. 3, and have considered them all in our proposal response. We certify that we agree to the terms and conditions set forth in this RFP, including the certifications set forth in subsection 7.D.
Should you have any questions regarding our response, please contact Gabe Johnson at via email at g.johnson@syserco-es.com or by phone at 707.227.6377. We look forward to discussing our proposal with you and your team in person.
Sincerely,
Majd Khleif Derek Eggers Principal Principal
Syserco Energy Solutions, Inc. Syserco Energy Solutions, Inc.
City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Syserco Energy Solutions, Inc. 4 www.syserco-es.com
B.Price Proposal
We have analyzed multiple approaches to the City’s project and have listed multiple options, which are included below.
Base Option 1
Sites Included Design Services Construction Services General Conditions Total
Quinlan Community Center
Cupertino Sports Center Community Hall $205,713 $4,068,987 $108,933 $4,383,633
Base Option 1 + NEM 3.0 Right-Sized Library System
This NEM 3.0 system at the Library is being proposed as an option for the City to consider, should the City
wish to include a library system that will be built in parallel with the other three systems, but not be required to adhere to the tight NEM 2.0 deadline requirements. The system is designed to maximize the benefits of financial gain under the NEM 3.0 metering structure.
Sites Included Design Services Construction Services General Conditions Total
Quinlan Community Center
Cupertino Sports Center
Community Hall
Cupertino Library
$227,810 $5,034,644 $109,733 $5,372,187
Base Option 2
This option is being provided for the City to consider a smaller system at Quinlan Community Center that reduces up-front cost, and provides an improved cost-to-savings ratio, in comparison to the larger sized system as provided in the Base Price proposal.
Sites Included Design Services Construction Services General Conditions Total
Quinlan Community Center
Cupertino Sports Center
Community Hall
$197,297 $3,669,145 $73,439 $3,939,881
Base Option 2 + NEM 3.0 Right-Sized Library System
This option is being provided for the City to consider the previous "Base Price-Option 2" along with the NEM 3.0 system at the library being included.
Sites Included Design Services Construction Services General Conditions Total
Quinlan Community Center
Cupertino Sports Center Community Hall
Cupertino Library
$217,568 $4,591,228 $73,439 $4,882,235
City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Syserco Energy Solutions, Inc. 5 www.syserco-es.com
C. Schedule
The attached DRAFT Schedule is intended to provide a working document for the City and SES to collaborate toward successful delivery of the City’s project. The dates and durations are based on our best current estimates, recent marketplace data for material lead-times and the career experience of our project team. Several of the durations have the opportunity to compress through collective effort. The schedule presented is for the Base Proposal, as required by RFP. The schedule can be modified/adjusted if the City decides to
include any of the options that are presented in the price proposal forms.
Begin With the End in Mind
In the City’s RFP, it states that the final completion date must be April 1, 2026. We have approached this project with the goal of providing our collective teams with some cushion. Therefore, the attached schedule
has a final completion date of February 23, 2026.
Design Phase
Starting with the optimistic approach that the City selects SES, the City’s RFP uses January 23, 2025, as the date it will issue a Notice of Intent to Award. On this date, we will immediately begin to engage our
subcontractors and consultants to prepare them for the receipt of their respective subcontracts. By starting this process upon receipt of the Notice of Intent to Award, we can have final, executed subcontracts immediately following receipt of the executed prime contract on February 5, 2025 (per the RFP).
Following the performance of the subterranean data collection via ground penetrating radar, and geotechnical surveys, the 50% design drawings are made available within the month of April, with 90%
design drawings following three weeks later on May 21, 2025.
We’ve accounted for five business days for the City to review, and, once final permit set documents are complete, application for a permit to occur on June 11, 2025.
City Review and Revisions
We have allocated five working days for the City to review. This is an area where, with the City’s help, we may
be able to compress the schedule and pull ahead by several days.
City Permit Approval Process
SES has not done a project with the City of Cupertino yet; therefore, we are unaware of the City’s timing on performing permit reviews. For the purpose of this schedule, we have allocated six weeks. However, there is
an opportunity for the City to involve its Permitting Department in the “City Review and Revisions” stage and to preemptively prepare to have a permit review performed for this project in less than a six-week timespan. This is an area where the City can collaborate toward the goal of delivering the project well ahead of schedule.
Procurement Phase
The schedule shows a lead time for inverters, switchgear, racking materials, photovoltaic (PV) modules, and
data acquisition systems (DAS).
City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Syserco Energy Solutions, Inc. 6 www.syserco-es.com
Construction Phase
As the schedule shows, the first target date to start the construction phase (Construction Phase – Mobilization) is four weeks (July 24, 2024) after the anticipated delivery date of the racking materials (June 4, 2025) for the roof mounted array at Community Hall. To ensure we have enough time to meet/beat the deadline, we have built in these four-weeks of “float-time” to account for future/unforeseen inclement weather, unexpected delays due to supply chain disruption, changes to sequence, etc.
The Community Hall portion of this solar project requires the least amount of parking lot access restriction, therefore starting with this site is both timely (lead time for the roof racking materials is faster than the custom fabrication needed for the Carport Structures) and fortuitous because it will allow the City’s residents to have minimized disruption during the summer season when Quinlan Center experiences heavier use. This schedule has construction starting at Quinlan Center in mid-September, after back-to-school.
While we know that the schedule will be constantly in need of further refinement, we believe that this preliminary schedule allows enough time to account for unforeseen delays, while offering opportunities for the schedule to be accelerated through collaborative effort.
The entire schedule has been designed to deliver the Permission to Operate (PTO) milestone well ahead of the April 1, 2026, date included in the City’s RFP.
ID Task Name Duration Start Finish
1 City of Cupertino Solar PV Project 283 days Thu 1/23/25 Mon 2/23/26
2 Prime Contract Execution/Subcontractors on-boarding 15 days Thu 1/23/25 Wed 2/12/25
3 Notice of Intent to award Issued 0 days Thu 1/23/25 Thu 1/23/25
4 City of Council approval 0 days Tue 2/4/25 Tue 2/4/25
5 Prime Contract Execution/ NTP Issued 0 days Wed 2/5/25 Wed 2/5/25
6 Issue Subcontracts/LOIs/POs 15 days Thu 1/23/25 Wed 2/12/25
7 DESIGN & ENGINEERING PHASE 180 days Thu 2/13/25 Wed 10/22/25
8 GPRS 10 days Thu 2/13/25 Wed 2/26/25
9 Geotech - Site Testing 10 days Thu 2/27/25 Wed 3/12/25
10 Geotech - Report 15 days Thu 3/13/25 Wed 4/2/25
11 Electrical - 50 % Set - Design & Engineering 20 days Thu 4/3/25 Wed 4/30/25
12 Structural - 50 % Set - Design & Engineering 20 days Thu 4/3/25 Wed 4/30/25
13 City Approval - 50 % Set 5 days Thu 5/1/25 Wed 5/7/25
14 Electrical - 90 % Set - Design & Engineering 10 days Thu 5/8/25 Wed 5/21/25
15 Structural - 90 % Set - Design & Engineering 10 days Thu 5/8/25 Wed 5/21/25
16 City Approval - 90 % Set 5 days Thu 5/22/25 Wed 5/28/25
17 Finalize Permit Set 10 days Thu 5/29/25 Wed 6/11/25
18 Design Complete 0 days Wed 6/11/25 Wed 6/11/25
19 City Permit Submission 30 days Wed 6/11/25 Wed 7/23/25
20 Permit Submittal 0 days Wed 6/11/25 Wed 6/11/25
21 City Approval 6 wks Thu 6/12/25 Wed 7/23/25
22 Permit Issued 0 days Wed 7/23/25 Wed 7/23/25
23 PROCUREMENT PHASE 120 days Thu 5/8/25 Wed 10/22/25
24 Order Inverters 30 days Thu 5/8/25 Wed 6/18/25
25 Order Switchgear 6 mons Thu 5/8/25 Wed 10/22/25
26 Order Racking 20 days Thu 5/8/25 Wed 6/4/25
27 Order Modules 40 days Thu 5/8/25 Wed 7/2/25
28 Order DAS System 20 days Thu 5/8/25 Wed 6/4/25
29 Civic Center - Community Hall roof 49.3 KW 79 days Thu 7/24/25 Tue 11/11/25
30 CONSTRUCTION PHASE 79 days Thu 7/24/25 Tue 11/11/25
31 Mobilization 2 days Thu 7/24/25 Fri 7/25/25
32 Structural Racking 17 days Mon 7/28/25 Tue 8/19/25
33 Layout 2 days Mon 7/28/25 Tue 7/29/25
34 Hoist Modules into Place 15 days Wed 7/30/25 Tue 8/19/25
35 Electrical 59 days Wed 8/20/25 Mon 11/10/25
36 AC Electrical 52 days Wed 8/20/25 Thu 10/30/25
37 Point of Interconnection Construction 6 days Wed 8/20/25 Wed 8/27/25
38 Switchgear install and tie in 6 days Thu 10/23/25 Thu 10/30/25
39 DC Electrical 7 days Wed 8/20/25 Thu 8/28/25
40 Module Stringing 5 days Wed 8/20/25 Tue 8/26/25
41 Run Source Circuiting - modules to inverters 2 days Wed 8/27/25 Thu 8/28/25
42 Low Voltage - DAS Monitoring & Networking 2 days Fri 8/29/25 Mon 9/1/25
43 Device Mounting and Wiring 2 days Fri 8/29/25 Mon 9/1/25
44 Utility Shutdown if required 22 days Thu 8/28/25 Fri 9/26/25
45 Schedule Shutdown (Load Side)20 days Thu 8/28/25 Wed 9/24/25
46 Point of interconnection 2 days Thu 9/25/25 Fri 9/26/25
47 COMMISSIONING; TESTING & ACCEPTANCE PHASE 8 days Thu 8/28/25 Mon 9/8/25
48 DC Tested & Accepted (Open Voltage & IV Curve Testing)5 days Fri 8/29/25 Thu 9/4/25
49 AC Tested & Accepted (Continuity & Megger Testing)5 days Thu 8/28/25 Wed 9/3/25
50 DAS and Network Tested 5 days Tue 9/2/25 Mon 9/8/25
51 Submit Electrical Final to Utility/ Request Permission to Operate
Inspection
1 day Mon 9/29/25 Mon 9/29/25
52 Permission to Operate Field Inspection (PG&E)30 days Tue 9/30/25 Mon 11/10/25
53 PTO Received 1 day Tue 11/11/25 Tue 11/11/25
54 PTO Received 1 day Tue 11/11/25 Tue 11/11/25
55 Quinlan, Community center 311.46KW Carport 128 days Thu 7/24/25 Mon 1/19/26
56 CONSTRUCTION PHASE 128 days Thu 7/24/25 Mon 1/19/26
57 Mobilization 2 days Thu 7/24/25 Fri 7/25/25
58 Structural Carport 73 days Mon 7/28/25 Wed 11/5/25
59 Fabricate Steel 35 days Mon 7/28/25 Fri 9/12/25
60 Layout 2 days Mon 9/15/25 Tue 9/16/25
61 Drill and Pour Foundations 12 days Wed 9/17/25 Thu 10/2/25
62 Erect Primary Beams 12 days Fri 10/3/25 Mon 10/20/25
63 Hoist Modules into Place 12 days Tue 10/21/25 Wed 11/5/25
64 Electrical 88 days Wed 9/17/25 Fri 1/16/26
65 Underground survey 1 day Wed 9/17/25 Wed 9/17/25
66 Directional boring, Place Conduit 10 days Thu 9/18/25 Wed 10/1/25
67 AC Electrical 21 days Thu 10/2/25 Thu 10/30/25
68 Point of Interconnection Construction 6 days Thu 10/2/25 Thu 10/9/25
69 Switchgear install and tie in 6 days Thu 10/23/25 Thu 10/30/25
70 DC Electrical 7 days Thu 11/6/25 Fri 11/14/25
71 Module Stringing 5 days Thu 11/6/25 Wed 11/12/25
72 Run Source Circuiting - modules to inverters 2 days Thu 11/13/25 Fri 11/14/25
73 Lighting 2 days Thu 11/13/25 Fri 11/14/25
74 Mount Fixtures 2 days Thu 11/13/25 Fri 11/14/25
75 Low Voltage - DAS Monitoring & Networking 2 days Mon 11/17/25 Tue 11/18/25
76 Device Mounting and Wiring 2 days Mon 11/17/25 Tue 11/18/25
77 Utility Shutdown if required 25 days Fri 10/31/25 Thu 12/4/25
78 Schedule Shutdown (Line Side)20 days Fri 10/31/25 Thu 11/27/25
79 Point of interconnection 5 days Fri 11/28/25 Thu 12/4/25
80 COMMISSIONING; TESTING & ACCEPTANCE PHASE 18 days Fri 10/31/25 Tue 11/25/25
81 DC Tested & Accepted (Open Voltage & IV Curve Testing)5 days Mon 11/17/25 Fri 11/21/25
82 AC Tested & Accepted (Continuity & Megger Testing)5 days Fri 10/31/25 Thu 11/6/25
83 DAS and Network Tested 5 days Wed 11/19/25 Tue 11/25/25
84 Submit Electrical Final to Utility/ Request Permission to Operate
Inspection
1 day Fri 12/5/25 Fri 12/5/25
85 Permission to Operate Field Inspection (PG&E)30 days Mon 12/8/25 Fri 1/16/26
86 PTO Received 1 day Mon 1/19/26 Mon 1/19/26
87 PTO Received 1 day Mon 1/19/26 Mon 1/19/26
88 Sports center 214.02 KW 128 days Thu 7/24/25 Mon 1/19/26
89 CONSTRUCTION PHASE 128 days Thu 7/24/25 Mon 1/19/26
90 Mobilization 2 days Thu 7/24/25 Fri 7/25/25
91 Structural Carport 91 days Mon 7/28/25 Mon 12/1/25
92 Fabricate Steel 35 days Mon 7/28/25 Fri 9/12/25
93 Layout 2 days Mon 9/15/25 Tue 9/16/25
94 Drill and Pour Foundations 10 days Tue 10/21/25 Mon 11/3/25
95 Erect Primary Beams 10 days Tue 11/4/25 Mon 11/17/25
96 Hoist Modules into Place 10 days Tue 11/18/25 Mon 12/1/25
97 Electrical 88 days Wed 9/17/25 Fri 1/16/26
98 Underground survey 1 day Wed 9/17/25 Wed 9/17/25
99 Directional boring, Place Conduit 10 days Thu 9/18/25 Wed 10/1/25
100 AC Electrical 21 days Thu 10/2/25 Thu 10/30/25
101 Point of Interconnection Construction 6 days Thu 10/2/25 Thu 10/9/25
102 Switchgear install and tie in 6 days Thu 10/23/25 Thu 10/30/25
103 DC Electrical 7 days Tue 12/2/25 Wed 12/10/25
104 Module Stringing 5 days Tue 12/2/25 Mon 12/8/25
105 Run Source Circuiting - modules to inverters 2 days Tue 12/9/25 Wed 12/10/25
106 Lighting 2 days Tue 12/9/25 Wed 12/10/25
107 Mount Fixtures 2 days Tue 12/9/25 Wed 12/10/25
108 Low Voltage - DAS Monitoring & Networking 2 days Thu 12/11/25 Fri 12/12/25
109 Device Mounting and Wiring 2 days Thu 12/11/25 Fri 12/12/25
110 Utility Shutdown if required 25 days Fri 10/31/25 Thu 12/4/25
111 Schedule Shutdown (Line Side)20 days Fri 10/31/25 Thu 11/27/25
112 Point of interconnection 5 days Fri 11/28/25 Thu 12/4/25
113 COMMISSIONING; TESTING & ACCEPTANCE PHASE 36 days Fri 10/31/25 Fri 12/19/25
114 DC Tested & Accepted (Open Voltage & IV Curve Testing)5 days Thu 12/11/25 Wed 12/17/25
115 AC Tested & Accepted (Continuity & Megger Testing)5 days Fri 10/31/25 Thu 11/6/25
116 DAS and Network Tested 5 days Mon 12/15/25 Fri 12/19/25
117 Submit Electrical Final to Utility/ Request Permission to Operate
Inspection
1 day Fri 12/5/25 Fri 12/5/25
118 Permission to Operate Field Inspection (PG&E)30 days Mon 12/8/25 Fri 1/16/26
119 PTO Received 1 day Mon 1/19/26 Mon 1/19/26
120 PTO Received 1 day Mon 1/19/26 Mon 1/19/26
121 CLOSE-OUT PHASE 25 days Tue 1/20/26 Mon 2/23/26
122 File all Close-out Documents 5 days Tue 1/20/26 Mon 1/26/26
123 Punch-list Completed 10 days Tue 1/27/26 Mon 2/9/26
124 Monitoring Site Set up on Customer Website 10 days Tue 2/10/26 Mon 2/23/26
125 Final Completion 0 days Mon 2/23/26 Mon 2/23/26
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SYSERCO ENERGY SOLUTIONS
Page 1
City of Cupertino Solar PV Proje
Syserco Energy Solutions -Draf
Fri 12/20/24
Preliminary
12/20/2024 11:29:56 AM
City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Syserco Energy Solutions, Inc. 8 D. Technical Design Expertise
D. Technical Design Expertise
Technical Design Team
Syserco Energy Solutions has experience with over 40 public sector design-build energy services projects, providing design, project development, and construction services. We have contracted over $200 million in energy upgrade projects including over $100 million in solar PV projects.
Architectural Design
MMPV Design
Our Project Development Team has built strong working relationships with the architects and engineers at MMPV Design. Since 2019, Mariana Moncada has served as the Architect of Record (AOR) for the majority of our solar PV design projects, assisting from concept design through construction and implementation.
Syserco Energy Solutions has partnered with MMPV Design on the following solar PV projects:
City of Fort Bragg
City of Norwalk
City of Willits
Cabrillo Unified School District
Emery Unified School District
Lake County Office of Education
Grass Valley School District
Firebaugh-Las Deltas Unified School District
Los Banos Unified School District
North County Joint Union School District
Spreckels Union School District
Washington Union School District
Yolo County Office of Education
Mariana Moncada, Principal and Owner, MMPV Design
Mariana has designed and permitted over 1,000 solar projects at schools and other institutions, as well as over 1,000 MW in utility scale projects. She holds active architecture licenses in California and will serve as the Architect of Record (AOR) and Design Professional in General Responsible Charge for this project under the jurisdiction of the Division of the State Architect (DSA).
Josh Sarpotdar, PE, CEM, CMVP
Project Development Manager – 11 years of Experience
Josh will oversee all project development and design efforts, working closely with our in-house solar PV expert,
Taylor Bohlen. Together they will deliver the City’s desired project outcome.
Taylor Bohlen
Energy Innovation Engineer – 8 years of Experience
Taylor is our in-house solar expert. He performs all aspects of renewable energy development including solar, storage, and microgrids. Taylor will design the final solar PV arrays for this project. All designs provided by Taylor will be reviewed, approved, and stamped by a Professional Electrical Engineer, who is part of our subcontracting team.
Chad Olsen, PE, CEM, ICP
Project Development Engineer – 18
Chad is a licensed professional engineer with 18 years of experience in developing energy efficiency projects.
He will assist in the final development and design of this project.
City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Syserco Energy Solutions, Inc. 9 D. Technical Design Expertise
Pablo Orozco, PE
Project Director – 40 years of Experience
Pablo will directly supervise all project construction and implementation efforts, ensuring the project stays on
schedule, meets all project expectations, and is delivered with excellence. Pablo is also a licensed Professional
Engineer.
Electrical Design
McMillan Electric
Big ideas require both a solid technical foundation and a creative vision. McMillan’s industry-leading expertise, supplier connections, and in-house design abilities have helped hundreds of companies take the
next step in their evolution. Their capabilities in electrical engineering and construction ensure a collaborative partnership from concept to completion. McMillan Electric will be responsible for Professional Electrical Engineering review, approval, and stamping of all design drawings.
Structural Design
Teichert Solar
Teichert Solar has successfully installed over 100 MW of solar in California. With Teichert Solar, you can trust
that your project will be successfully installed by a company that’s been providing civil infrastructure since 1887. Teichert’s Structural Engineers will analyze and investigate any structural elements, such as existing rooftops, to ensure each structure can safely accommodate the additional load of solar panels. They will also be involved in selecting the appropriate racking and attachment system for the solar panels, considering the feasibility of each proposed structure.
Geotechnical Contractor
Quantum Geotechnical, Inc.
Simon Makdessi, PE – President
CA DCA Lic. #2548 (Geotech), #50307 (Civil)
Quantum Geotechnical, Inc. is a full-service geotechnical engineering, special inspection, materials testing,
and storm water firm headquartered in San Jose with a second office located in Concord, California.
Quantum provides high-quality professional geologic, geotechnical, storm water and special inspection
services on various construction projects throughout the San Francisco Bay Area, and Northern California.
City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Syserco Energy Solutions, Inc. 10 D. Technical Design Expertise
Potential Alternate for Geotechnical Contractor
Geo-Engineering Solutions, Inc.
Eric J. Swenson, GE, CEG – President/CEO
CA DCA Lic. #2474 (Geotech), #52841 (Civil), #1855 (Engineering Geologist), #5857 (Geologist)
Geo-Engineering Solutions, Inc. is a geotechnical engineering and engineering geology consulting firm dedicated to finding cost effective and creative solutions to the earth and water challenges of its clients. They provide geotechnical engineering, engineering geology, and materials testing services to the public institutional as well as construction and development community of California. They seek to use their technical skills to the best interest of their clients and find creative solutions to meet the technical and fiscal
needs of each project.
Surveyor
GPRS, Inc.
GPRS believes that data control = damage control and is committed to the pursuit of 100% subsurface damage prevention – on every job, in every market, nationwide.
That’s why every one of their 500 national “boots on the ground” team of elite Project Managers are trained in Subsurface Investigation Methodology (SIM). SIM elevates a mere technician to an expert professional with the cross-technology training and industry-leading processes that can locate, map, capture, measure, and scan your entire site or facility, above and below-ground, to provide you with the real-time actionable information you need to plan, design, manage, dig, and build better.
GPRS is the only company in the U.S. that can capture your entire site or facility, above and below-ground, to provide you with accurate as-builts, private and public utility maps, 2D CAD drawings, and 3D photogrammetry and Building Information Models (BIM) that can integrate surface and subsurface existing conditions and construction progress capture to provide cloud-based, digital mapping & modeling solutions
for the construction, architecture, engineering, facility management, and related industries via SiteMap®
Subsurface Damage Prevention
When it comes to construction and facility management, every decision you make can cost time, money, and even lives. GPRS is in pursuit of a world with 100% subsurface damage prevention. GPRS’ 99.8% accuracy
rate for ground penetrating radar services (GPR), utility locating services, utility mapping services, and concrete scanning services will locate critical targets like underground utilities, post tension cables, rebar, conduits, underground storage tanks (USTs), and more to help keep your project on time, on budget, and safe. Our NASSCO-certified CCTV video pipe inspection & leak detection services find pipe defects, blockages, and leaks with pinpoint accuracy.
Existing Conditions Documentation
When record drawings do not match the as-built conditions, general contractors and facility managers are at
risk of avoidable change orders, delays, budget overruns, and even damage or injuries. Let GPRS’ in-house team create an as-built (TruBuilt) for your project – showing actual existing conditions above or below ground… or both. GRPS’ 3D Laser Scanning, reality capture services, and 3D Photogrammetry services deliver up-to-date and accurate construction as-builts, existing condition drawings, 2D CAD drawings, 3D BIM models, 3D mesh models, digital twins, point clouds, updated floorplans (FLRPLN), Reflected Ceiling Plans (RCP) and more for construction design, prefabrication, clash detection, facility modifications, and asset management.
City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Syserco Energy Solutions, Inc. 11 D. Technical Design Expertise
Project Organizational Chart
(Owner)
(General Contractor)
Pablo Orozco, PE -Project ManagerSupported by SES Project Development Team
MMVP Design
(Architect)
McMillan Electric
(Electrical)
Teichert Solar
(Structural)
Quantum Geotechnical, Inc. or Geo-Engineering Solutions
(Geotechnical)
GPRS, Inc.
(Land Surveyor)Material Suppliers
Equipment Suppliers Safety Management
City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Syserco Energy Solutions, Inc. 12 E. Construction and Procurement Expertise
E. Construction and Procurement Expertise
General Contractor
Syserco Energy Solutions, Inc.
CA Lic. #991301
Syserco Energy Solutions works with organizations to improve building infrastructure, optimize energy consumption, and reduce annual utility costs. We develop, design, and deliver solutions that improve safety and comfort while reducing your carbon footprint and saving precious funds. We have proudly completed over $200 million in projects throughout California, providing large-scale energy efficiency projects ranging from $250,000 to over $20 million.
Solar Expertise
Our team has delivered over $100 million in solar PV projects including the design and development of 160 solar PV systems across the state of California. Our team of project development engineers have submitted 115 Interconnection Applications (IAs) for public and private entities across the state of California, locking them into the much more lucrative NEM 2.0 reimbursement structure. These IAs total a system size of nearly 24 MW with the largest array being 1,067 kW (over 1 MW).
Electrical Contractor
McMillan Electric
CA Lic. #268179
McMillan Electric’s team of certified electricians, engineers, designers, and project managers join forces to meet deadlines and deliver projects that exceed expectations of function, vision, and purpose. McMillan’s expertise is continuously sought out by others in our industry, for insight and advice on the latest technical standards and industry best practices – the kind their clients receive on every project.
Rooftop
Solar power installations for warehouses, commercial, country, low-rise, hi-rise building structures and other
rooftops offer versatile configurations designed to match your energy goals to deliver reliable, affordable power and significant protection against rising energy costs.
Carport
Solar carports for companies and businesses including office parks, retail, commercial and industrial areas,
provide an excellent way to power up your infrastructure while
Structural Contractor
Teichert Solar
CA Lic. #1051985
Teichert Solar has successfully installed over 100 MW of solar in California. Teichert’s highly experienced team can offer turn-key solutions on time and on budget. At Teichert Solar, you can trust that your project
will be successfully installed by a company that’s been providing civil infrastructure since 1887.
City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Syserco Energy Solutions, Inc. 13 F. Design Approach
F. Design Approach
1. Design Approach Summary
The project will be designed utilizing a tiered methodology which identifies and circumnavigates any
unexpected issues which may arise.
The first stage of the process will be to investigate subsurface conditions and topographical features to provide design guidance for the foundation designs for the new canopy structures that will be included in the project. In parallel, architectural designs will be generated for each of the project locations to ensure that building, planning, accessibility, and other requirements are accounted for at an early stage of the design, to avoid any potential rework of the structural and locational elements of the project.
With the engineering and architectural due diligence in place, structural and electrical plan sets will be generated encompassing all of the detailed design elements of the project, conforming with all electrical, structural, and other building codes necessary for a permit-ready design. The design will be reviewed with city staff at each design stage (30%, 60%, 90%, and complete construction drawings) to ensure that city input is woven into the design process to create the ideal finished product for the city.
2. Program Requirements and Performance Criteria
The designs will be generated via the procedure outlined in the answer to item #1. This multistage design process allows for any update to the conceptual design documents to be evaluated from both a code perspective and an energy-generation and savings perspective. Changes to the project through the design phase will be evaluated via a production model to ensure that any alterations are still able to meet the program requirements and performance criteria needed for the portfolio.
3. Exceeding Expectations
The design approach detailed in the previous sections will allow for maximal identification of opportunities to exceed the project’s performance criteria, by having many stages of input from the city and all project
disciplines. Annual operating costs for PV systems are generally low, though it is advisable to budget for minor maintenance activities through the system’s life – PV systems typically need module cleanings once to twice per year to keep operations near maximum efficiency. Additionally, the inverters on the project will typically need to be replaced roughly halfway through the operational life of the arrays (30 years.) Syserco Energy Solutions can offer solar monitoring services, providing reports on array functionality at defined intervals to ensure the arrays are functioning properly, and to provide recommendations for addressing any issues that may arise. This additional service is recommended, as it will allow the city to quickly identify (without needing to allocate staff for this work) any issues that may arise and correct them in a timely
manner, minimizing energy losses if issues do arise.
City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Syserco Energy Solutions, Inc. 14 F. Design Approach
4. Value Engineering
Several of the project locations offer opportunities to improve upon the bridging documents to maximize cost efficacy of the portfolio
The Quinlan Community Center site could be made more cost effective by removing the carport on the northeastern edge of the site as well as the roof mount array and reallocating some of the removed system size to the large shade structure over the picnic area and expanding the carport to maximize structural efficiency. The reallocation of these modules to the wider canopy structure would provide significant cost savings for multiple reasons. The first is that the shade structure configuration of 6 modules wide is far more effective than a 3-module wide structure, as a considerable quantity of additional modules can be supported by each foundation in the 6-wide configuration. For these structures, foundations are a significant cost driver, so mitigating the number of foundations can pay large dividends for the project. Additionally, covering the picnic area in place of this additional parking will mitigate significant ADA improvements that would be required to facilitate the shaded parking in the depicted area, as an ADA stall (and associated path of travel) would need to be implemented under this array.
Finally, adding solar to tile roofs is very expensive since it requires pulling the tile, re-roofing a section with shingle, and then building up the tile roof around the array to make it seamless. Moving the roof mount panels to the carport eliminates the need for roofing and doesn’t require any additional structural members for the carport, which optimizes efficiency. This change would maintain the same system size, but increase production, which marginally increases annual savings, while also reducing upfront costs. This configuration would also reduce the number of EV chargers required for the project by 1, which provides additional cost savings for the city. This would also provide a benefit in terms of operational / long term savings for the project. The location of the removed array is adjacent to trees of significant size, which will increase the frequency of needed module cleanings to keep the array in top condition, as the trees are likely to drop refuse onto the array itself which could negatively impact energy production. While this is certainly still possible with the adjusted design, the additional clearance from nearby trees of this array location should mitigate this concern.
While the library site has been removed from the portfolio at large, we believe there is still a very financially attractive option for the library to be included in this project, which provides the city with significant value while remaining inside the noted project budget. This design would be implemented under NEM 3.0, utilizing a much smaller system size limited to the rooftop only. The energy usage of the library location is so large in comparison to this array that the system will generate value roughly in line with a NEM 2.0 array of the same size and could be easily expanded upon over time if more solar or energy storage is desired on site. We have included this option as an add alt to the proposal as we believe it would provide great value for the city, and implementing this project location at the same time as the community hall would provide
savings with respect to project management, mobilization, and other factors.
City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Syserco Energy Solutions, Inc. 15 G. Procurement Approach
G. Procurement Approach
Ensuring the Proper Materials are Procured
During the design phase, numerous specifications need to be defined including the solar PV array size, dimensions, location, design, and most importantly – the project budget. Environmental considerations and local regulations are also taken into consideration. This includes staying up to code, the process of receiving the required permits, and assessing any available incentives. This process allows us to have a clear understanding of the project moving forward, avoiding procurement delays, and assuring the proper equipment is obtained.
Selecting the Best Supplier
Once the design process is complete and the scope and specifications are defined, our team will reach out to multiple suppliers for quotes and procurement timelines to ensure there are no delays in our procurement
process. This entails issuing requests for information (RFI) and pricing quotes (RFQ) to reputable, experienced suppliers capable of providing competitive pricing, superior products, and dependable services. In the case of solar projects, some materials can have lengthy procurement timelines, which is why our team also evaluates each supplier’s capacity to deliver materials on time or informing us of potential delays upfront.
Procurement Process
After we have selected the most qualified suppliers, we set in place a logistics plan including proper delivery instructions for each set of materials to each project site. This process involves securing a storage site for all necessary materials and ensuring proper unloading of the equipment. Safety is always a top priority on every jobsite, so assuring all necessary safety equipment and measures are in place is also an important part of the procurement process.
We will coordinate with City staff to select the most appropriate storage site(s), create communication plans to occupants and/or residents that may be impacted by the construction process, and address any public safety concerns. During the procurement of materials and equipment, we will coordinate with City staff to ensure sufficient time is allocated for any decisions that may influence or directly affect the delivery and storage of these items.
Materials and Equipment
Each and every delivery of materials and/or equipment is carried out through a thorough quality control inspection. This involves checking the quality and condition of these items prior to accepting any deliveries, ensuring the quantities are correct, equipment testing, and properly documenting all deliveries. Any defects,
discrepancies in quality or quantity, or delivery issues will be documented and addressed immediately.
Proper Installation and Functionality
With all materials and equipment in place, our team will begin the installation and commissioning of the solar PV structures. This includes assembling and installing the equipment based on the system's design and layout, followed by making the required adjustments and calibrations. After construction is complete, final
testing and inspection will take place at each site for each solar PV array, ensuring functionality and peak performance. Our project manager will also document and report the outcomes of the installation and commissioning process.
City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Syserco Energy Solutions, Inc. 16 H. Construction Approach
H. Construction Approach
Pre-Construction Capabilities
We will perform a project kick-off meeting with City stakeholders. Once the construction team is familiar with all City contracting and site access requirements, our staff will perform a field audit, detailing the installation of each solar array, and ensuring all equipment and parts are ordered quickly and correctly. This verification also includes a site logistics discussion with the City to make certain each step is planned and executed properly with minimal disruption to occupants.
Our project manager will provide the City with a three-week lookahead schedule, updated on a weekly basis, so that your representatives are always aware of our progress. A dedicated project manager from our team will coordinate and require the project lead of each contracting party to attend weekly meetings to communicate important information and address any concerns. Subsequently, we will update the City’s staff regularly.
Project Management and Implementation
Project Management
Our project management process is collaborative, highly integrated, and local. Our partnership-oriented approach to integrated project delivery ensures that all City stakeholders are engaged throughout the project development and execution process. We operate with the mindset that our customers are our partners, and we apply that philosophy within our project management processes.
Planning and communication are critical to ensure a successful project. We will issue a Project Contact Form providing the City with mobile numbers to individuals directly involved in the project. We expect City representatives to have important and significant input on the scheduling. Project updates and information is relayed to City staff so that they may plan accordingly.
For major milestones and critical tasks, our project manager or design engineers will be on site. Our clear understanding of how to manage construction execution around the ongoing activities across the City enhances our team’s success in on-time and on-budget project deliveries. Working at occupied spaces
requires a diligent commitment to jobsite safety, as well as a “safety beyond the construction fence” mindset.
Safety on the jobsite and the surrounding community will always remain our highest priority.
Our team will implement a comprehensive Safety Program, which includes safety inspections oversight in every aspect of our work. This includes safety training and support services for all team members. We believe
strongly in the reporting of risks upfront so that we may improve conditions and business practices, on the spot, avoiding any potential safety issues.
A few highlights of our team’s safety practices during construction include:
Construction operations are fully fenced to separate work areas from ongoing municipal activities.
All contractor/subcontractor personnel attend an orientation meeting prior to starting work.
Project safety rules and code of conduct are reviewed and accepted prior to start of work.
Jobsite safety meetings are held weekly for training and to identify and resolve potentially hazardous conditions or safety issues associated with construction activities.
Unannounced safety audits are conducted by corporate principals and a corporate safety officer.
City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Syserco Energy Solutions, Inc. 17 H. Construction Approach
One of our team members will be available to supervise all jobsite activities and enforce our strict
quality assurance and safety programs.
Project Implementation
Energy solutions projects are unique from other construction projects because the buildings remain in
operation and are typically occupied while projects are in construction. Clear communication, thoroughly planned project schedules, project safety plans, and detailed work plans with risk management procedures are all integrated to ensure a seamless delivery.
Our local Project Management and Construction Management teams engage with you early in the development process assembling detailed scopes of work, completing detailed design document reviews, developing detailed project budget estimates, identifying long-lead equipment, and preparing detailed construction schedules for your review, comment and early coordination purposes.
Project Closeout
After completing project construction and installation, the City’s facilities and operations staff will receive comprehensive training on the new equipment. This will ensure your team is fully equipped to operate the solar PV arrays according to specifications and optimize their performance, maximizing the City’s return on investment.
All project-related documentation (submittals, operation manuals, warranty information, etc.) will be reviewed and turned over to City staff at the completion of the project. During this process, a formal project closeout meeting will be scheduled to review all contractually required close out items, including the Final Project Closeout Punchlist to ensure all relevant information has been completed, reviewed, and shared. At the completion of the project, our team will furnish the City with a Letter of Substantial Completion to formally notify the City that the project has been completed to an acceptable level of satisfaction of the City.
City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Syserco Energy Solutions, Inc. 18 I. Life-Cycle Costs
I.Life-Cycle Costs
Project Option Project Life-Cycle Costs
Base Option 1 $4,770,524
Base Option 1 + Library $5,828,299
Base Option 2 $4,324,738
Base Option 2 + Library $5,336,313
Base Option 1
Base Option 1 + NEM 3.0 Right-Sized Library System
Year
Projected
Energy
Savings
Incentives
Projected
O&M
Savings
Total
Program
Savings
Project
Payments
PV O&M
and M&V
Cost
Total
Program
Costs
Project Cost $4,383,633 1 Year 1 $287,728 $1,572,280 $0 $1,860,007 $4,383,633 $8,622 $4,392,255 -$2,532,247 -$2,532,247
Inflation Reduction Act (Solar)*$1,572,280 2 Year 2 $300,254 $0 $0 $300,254 $0 $8,794 $8,794 $291,460 -$2,240,787
Other Incentives $0 3 Year 3 $313,334 $0 $0 $313,334 $0 $8,970 $8,970 $304,364 -$1,936,423
*IRA Solar Incentive is an Estimate - SES is not a Financial Advisor 4 Year 4 $326,990 $0 $0 $326,990 $0 $9,149 $9,149 $317,841 -$1,618,582
Total Grants and Incentives 1,572,280$ 5 Year 5 $341,248 $0 $0 $341,248 $0 $9,332 $9,332 $331,916 -$1,286,666
PV Construction Duration (Years)0 6 Year 6 $356,134 $0 $0 $356,134 $0 $9,519 $9,519 $346,615 -$940,051
ECM Construction Duration (Years)0 7 Year 7 $371,675 $0 $0 $371,675 $0 $9,709 $9,709 $361,966 -$578,085
Annual Escalation of Electricity Cost 5.00%8 Year 8 $387,900 $0 $0 $387,900 $0 $9,904 $9,904 $377,996 -$200,089
Annual Escalation of O&M Cost/Savings 2.00%9 Year 9 $404,837 $0 $0 $404,837 $0 $10,102 $10,102 $394,735 $194,646
Change Settings on TELP Page 10 Year 10 $422,517 $0 $0 $422,517 $0 $10,304 $10,304 $412,213 $606,860
11 Year 11 $440,973 $0 $0 $440,973 $0 $10,510 $10,510 $430,463 $1,037,323
12 Year 12 $460,238 $0 $0 $460,238 $0 $10,720 $10,720 $449,518 $1,486,841
13 Year 13 $480,346 $0 $0 $480,346 $0 $10,934 $10,934 $469,412 $1,956,252
14 Year 14 $501,334 $0 $0 $501,334 $0 $11,153 $11,153 $490,181 $2,446,433
15 Year 15 $523,239 $0 $0 $523,239 $0 $48,501 $48,501 $474,738 $2,921,172
16 Year 16 $546,102 $0 $0 $546,102 $0 $11,604 $11,604 $534,498 $3,455,670
17 Year 17 $569,961 $0 $0 $569,961 $0 $11,836 $11,836 $558,126 $4,013,795
18 Year 18 $594,861 $0 $0 $594,861 $0 $12,072 $12,072 $582,789 $4,596,584
19 Year 19 $620,846 $0 $0 $620,846 $0 $12,314 $12,314 $608,532 $5,205,116
20 Year 20 $647,961 $0 $0 $647,961 $0 $12,560 $12,560 $635,401 $5,840,517
21 Year 21 $361,659 $0 $0 $361,659 $0 $12,811 $12,811 $348,848 $6,189,365
22 Year 22 $377,288 $0 $0 $377,288 $0 $13,068 $13,068 $364,221 $6,553,586
23 Year 23 $393,595 $0 $0 $393,595 $0 $13,329 $13,329 $380,266 $6,933,852
24 Year 24 $410,609 $0 $0 $410,609 $0 $13,596 $13,596 $397,013 $7,330,865
25 Year 25 $428,360 $0 $0 $428,360 $0 $13,867 $13,867 $414,492 $7,745,358
26 Year 26 $446,879 $0 $0 $446,879 $0 $14,145 $14,145 $432,734 $8,178,092
27 Year 27 $466,198 $0 $0 $466,198 $0 $14,428 $14,428 $451,770 $8,629,862
28 Year 28 $486,352 $0 $0 $486,352 $0 $14,716 $14,716 $471,635 $9,101,498
29 Year 29 $507,375 $0 $0 $507,375 $0 $15,011 $15,011 $492,364 $9,593,862
30 Year 30 $529,304 $0 $0 $529,304 $0 $15,311 $15,311 $513,993 $10,107,855
31 Year 31 $0 $0 $0 $0 $0 $0 $0 $0 $10,107,855
32 Year 32 $0 $0 $0 $0 $0 $0 $0 $0 $10,107,855
33 Year 33 $0 $0 $0 $0 $0 $0 $0 $0 $10,107,855
Totals $13,306,099 $1,572,280 $0 $14,878,378 $4,383,633 $386,891 $4,770,524 $10,107,855
Cash
Position
City of Cupertino Project Savings Project Costs
Project
SavingsPreliminary Cash Flow Analysis (Cash)
$4,000,000
$2,000,000
$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
10,000,000
12,000,000
1 6 11 16 21 26 31
Project Revenues (Cash Purchase)
Cumulative Cash Flow Annual Cash Flow
Year
Projected
Energy
Savings
Incentives
Projected
O&M
Savings
Total
Program
Savings
Project
Payments
PV O&M
and M&V
Cost
Total
Program
Costs
Project Cost $5,372,187 1 Year 1 $341,745 $1,792,401 $0 $2,134,146 $5,372,187 $10,162 $5,382,349 -$3,248,203 -$3,248,203
Inflation Reduction Act (Solar)*$1,792,401 2 Year 2 $356,689 $0 $0 $356,689 $0 $10,365 $10,365 $346,324 -$2,901,879
Other Incentives $0 3 Year 3 $372,292 $0 $0 $372,292 $0 $10,572 $10,572 $361,720 -$2,540,159
*IRA Solar Incentive is an Estimate - SES is not a Financial Advisor 4 Year 4 $388,584 $0 $0 $388,584 $0 $10,784 $10,784 $377,800 -$2,162,358
Total Grants and Incentives 1,792,401$ 5 Year 5 $405,593 $0 $0 $405,593 $0 $10,999 $10,999 $394,594 -$1,767,764
PV Construction Duration (Years)0 6 Year 6 $423,352 $0 $0 $423,352 $0 $11,219 $11,219 $412,133 -$1,355,632
ECM Construction Duration (Years)0 7 Year 7 $441,892 $0 $0 $441,892 $0 $11,444 $11,444 $430,448 -$925,183
Annual Escalation of Electricity Cost 5.00%8 Year 8 $461,247 $0 $0 $461,247 $0 $11,672 $11,672 $449,574 -$475,609
Annual Escalation of O&M Cost/Savings 2.00%9 Year 9 $481,452 $0 $0 $481,452 $0 $11,906 $11,906 $469,546 -$6,063
Change Settings on TELP Page 10 Year 10 $502,544 $0 $0 $502,544 $0 $12,144 $12,144 $490,400 $484,338
11 Year 11 $524,562 $0 $0 $524,562 $0 $12,387 $12,387 $512,175 $996,512
12 Year 12 $547,544 $0 $0 $547,544 $0 $12,635 $12,635 $534,909 $1,531,422
13 Year 13 $571,532 $0 $0 $571,532 $0 $12,887 $12,887 $558,645 $2,090,067
14 Year 14 $596,571 $0 $0 $596,571 $0 $13,145 $13,145 $583,425 $2,673,492
15 Year 15 $622,703 $0 $0 $622,703 $0 $57,283 $57,283 $565,420 $3,238,912
16 Year 16 $649,977 $0 $0 $649,977 $0 $13,676 $13,676 $636,301 $3,875,213
17 Year 17 $678,441 $0 $0 $678,441 $0 $13,950 $13,950 $664,491 $4,539,704
18 Year 18 $708,146 $0 $0 $708,146 $0 $14,229 $14,229 $693,917 $5,233,621
19 Year 19 $739,145 $0 $0 $739,145 $0 $14,513 $14,513 $724,631 $5,958,252
20 Year 20 $771,492 $0 $0 $771,492 $0 $14,804 $14,804 $756,689 $6,714,941
21 Year 21 $490,650 $0 $0 $490,650 $0 $15,100 $15,100 $475,551 $7,190,492
22 Year 22 $511,976 $0 $0 $511,976 $0 $15,402 $15,402 $496,575 $7,687,067
23 Year 23 $534,228 $0 $0 $534,228 $0 $15,710 $15,710 $518,518 $8,205,585
24 Year 24 $557,444 $0 $0 $557,444 $0 $16,024 $16,024 $541,420 $8,747,005
25 Year 25 $581,665 $0 $0 $581,665 $0 $16,344 $16,344 $565,321 $9,312,325
26 Year 26 $606,935 $0 $0 $606,935 $0 $16,671 $16,671 $590,263 $9,902,589
27 Year 27 $633,296 $0 $0 $633,296 $0 $17,005 $17,005 $616,292 $10,518,880
28 Year 28 $660,797 $0 $0 $660,797 $0 $17,345 $17,345 $643,452 $11,162,332
29 Year 29 $689,483 $0 $0 $689,483 $0 $17,692 $17,692 $671,791 $11,834,124
30 Year 30 $719,406 $0 $0 $719,406 $0 $18,045 $18,045 $701,360 $12,535,484
31 Year 31 $0 $0 $0 $0 $0 $0 $0 $0 $12,535,484
32 Year 32 $0 $0 $0 $0 $0 $0 $0 $0 $12,535,484
33 Year 33 $0 $0 $0 $0 $0 $0 $0 $0 $12,535,484Totals $16,571,381 $1,792,401 $0 $18,363,782 $5,372,187 $456,112 $5,828,299 $12,535,484
Cash
Position
City of Cupertino Project Savings Project Costs
Project
SavingsPreliminary Cash Flow Analysis (Cash)
$6,000,000
$4,000,000
$2,000,000
$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
10,000,000
12,000,000
14,000,000
1 6 11 16 21 26 31
Project Revenues (Cash Purchase)
Cumulative Cash Flow Annual Cash Flow
City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Syserco Energy Solutions, Inc. 19 I. Life-Cycle Costs
Base Option 2
Base Option 2 + NEM 3.0 Right-Sized Library System
Please see section B – Price Proposal for more information on each option presented above.
Year
Projected
Energy
Savings
Incentives
Projected
O&M
Savings
Total
Program
Savings
Project
Payments
PV O&M
and M&V
Cost
Total
Program
Costs
Project Cost $3,939,881 1 Year 1 $290,875 $1,415,542 $0 $1,706,417 $3,939,881 $8,596 $3,948,477 -$2,242,059 -$2,242,059
Inflation Reduction Act (Solar)*$1,415,542 2 Year 2 $303,542 $0 $0 $303,542 $0 $8,768 $8,768 $294,775 -$1,947,285
Other Incentives $0 3 Year 3 $316,769 $0 $0 $316,769 $0 $8,943 $8,943 $307,826 -$1,639,458
*IRA Solar Incentive is an Estimate - SES is not a Financial Advisor 4 Year 4 $330,579 $0 $0 $330,579 $0 $9,122 $9,122 $321,457 -$1,318,001
Total Grants and Incentives 1,415,542$ 5 Year 5 $344,997 $0 $0 $344,997 $0 $9,304 $9,304 $335,693 -$982,308
PV Construction Duration (Years)0 6 Year 6 $360,051 $0 $0 $360,051 $0 $9,490 $9,490 $350,560 -$631,748
ECM Construction Duration (Years)0 7 Year 7 $375,766 $0 $0 $375,766 $0 $9,680 $9,680 $366,086 -$265,662
Annual Escalation of Electricity Cost 5.00%8 Year 8 $392,173 $0 $0 $392,173 $0 $9,874 $9,874 $382,299 $116,638
Annual Escalation of O&M Cost/Savings 2.00%9 Year 9 $409,300 $0 $0 $409,300 $0 $10,071 $10,071 $399,229 $515,867
Change Settings on TELP Page 10 Year 10 $427,180 $0 $0 $427,180 $0 $10,273 $10,273 $416,907 $932,774
11 Year 11 $445,843 $0 $0 $445,843 $0 $10,478 $10,478 $435,365 $1,368,139
12 Year 12 $465,324 $0 $0 $465,324 $0 $10,688 $10,688 $454,637 $1,822,776
13 Year 13 $485,659 $0 $0 $485,659 $0 $10,901 $10,901 $474,757 $2,297,533
14 Year 14 $506,883 $0 $0 $506,883 $0 $11,119 $11,119 $495,763 $2,793,297
15 Year 15 $529,034 $0 $0 $529,034 $0 $47,492 $47,492 $481,543 $3,274,839
16 Year 16 $552,153 $0 $0 $552,153 $0 $11,569 $11,569 $540,585 $3,815,424
17 Year 17 $576,281 $0 $0 $576,281 $0 $11,800 $11,800 $564,482 $4,379,906
18 Year 18 $601,461 $0 $0 $601,461 $0 $12,036 $12,036 $589,426 $4,969,331
19 Year 19 $627,738 $0 $0 $627,738 $0 $12,277 $12,277 $615,462 $5,584,793
20 Year 20 $655,158 $0 $0 $655,158 $0 $12,522 $12,522 $642,636 $6,227,429
21 Year 21 $362,882 $0 $0 $362,882 $0 $12,773 $12,773 $350,110 $6,577,539
22 Year 22 $378,565 $0 $0 $378,565 $0 $13,028 $13,028 $365,537 $6,943,076
23 Year 23 $394,928 $0 $0 $394,928 $0 $13,289 $13,289 $381,640 $7,324,716
24 Year 24 $412,001 $0 $0 $412,001 $0 $13,554 $13,554 $398,447 $7,723,163
25 Year 25 $429,813 $0 $0 $429,813 $0 $13,825 $13,825 $415,988 $8,139,150
26 Year 26 $448,396 $0 $0 $448,396 $0 $14,102 $14,102 $434,294 $8,573,445
27 Year 27 $467,782 $0 $0 $467,782 $0 $14,384 $14,384 $453,398 $9,026,843
28 Year 28 $488,006 $0 $0 $488,006 $0 $14,672 $14,672 $473,334 $9,500,177
29 Year 29 $509,101 $0 $0 $509,101 $0 $14,965 $14,965 $494,136 $9,994,313
30 Year 30 $531,106 $0 $0 $531,106 $0 $15,264 $15,264 $515,842 $10,510,155
31 Year 31 $0 $0 $0 $0 $0 $0 $0 $0 $10,510,155
32 Year 32 $0 $0 $0 $0 $0 $0 $0 $0 $10,510,155
33 Year 33 $0 $0 $0 $0 $0 $0 $0 $0 $10,510,155
Totals $13,419,350 $1,415,542 $0 $14,834,893 $3,939,881 $384,857 $4,324,738 $10,510,155
Cash
Position
City of Cupertino Project Savings Project Costs
Project
SavingsPreliminary Cash Flow Analysis (Cash)
$4,000,000
$2,000,000
$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
10,000,000
12,000,000
1 6 11 16 21 26 31
Project Revenues (Cash Purchase)
Cumulative Cash Flow Annual Cash Flow
Year
Projected
Energy
Savings
Incentives
Projected
O&M
Savings
Total
Program
Savings
Project
Payments
PV O&M
and M&V
Cost
Total
Program
Costs
Project Cost $4,882,235 1 Year 1 $344,892 $1,791,997 $0 $2,136,889 $4,882,235 $10,136 $4,892,371 -$2,755,481 -$2,755,481
Inflation Reduction Act (Solar)*$1,791,997 2 Year 2 $359,977 $0 $0 $359,977 $0 $10,338 $10,338 $349,638 -$2,405,843
Other Incentives $0 3 Year 3 $375,727 $0 $0 $375,727 $0 $10,545 $10,545 $365,182 -$2,040,661
*IRA Solar Incentive is an Estimate - SES is not a Financial Advisor 4 Year 4 $392,172 $0 $0 $392,172 $0 $10,756 $10,756 $381,416 -$1,659,244
Total Grants and Incentives 1,791,997$ 5 Year 5 $409,342 $0 $0 $409,342 $0 $10,971 $10,971 $398,371 -$1,260,873
PV Construction Duration (Years)0 6 Year 6 $427,268 $0 $0 $427,268 $0 $11,190 $11,190 $416,078 -$844,795
ECM Construction Duration (Years)0 7 Year 7 $445,983 $0 $0 $445,983 $0 $11,414 $11,414 $434,568 -$410,227
Annual Escalation of Electricity Cost 5.00%8 Year 8 $465,520 $0 $0 $465,520 $0 $11,643 $11,643 $453,878 $43,651
Annual Escalation of O&M Cost/Savings 2.00%9 Year 9 $485,916 $0 $0 $485,916 $0 $11,875 $11,875 $474,041 $517,691
Change Settings on TELP Page 10 Year 10 $507,207 $0 $0 $507,207 $0 $12,113 $12,113 $495,094 $1,012,785
11 Year 11 $529,432 $0 $0 $529,432 $0 $12,355 $12,355 $517,077 $1,529,862
12 Year 12 $552,631 $0 $0 $552,631 $0 $12,602 $12,602 $540,028 $2,069,890
13 Year 13 $576,845 $0 $0 $576,845 $0 $12,854 $12,854 $563,991 $2,633,881
14 Year 14 $602,119 $0 $0 $602,119 $0 $13,111 $13,111 $589,008 $3,222,889
15 Year 15 $628,498 $0 $0 $628,498 $0 $56,274 $56,274 $572,224 $3,795,113
16 Year 16 $656,029 $0 $0 $656,029 $0 $13,641 $13,641 $642,388 $4,437,501
17 Year 17 $684,761 $0 $0 $684,761 $0 $13,914 $13,914 $670,847 $5,108,348
18 Year 18 $714,746 $0 $0 $714,746 $0 $14,192 $14,192 $700,554 $5,808,902
19 Year 19 $746,037 $0 $0 $746,037 $0 $14,476 $14,476 $731,561 $6,540,462
20 Year 20 $778,689 $0 $0 $778,689 $0 $14,766 $14,766 $763,924 $7,304,386
21 Year 21 $491,873 $0 $0 $491,873 $0 $15,061 $15,061 $476,813 $7,781,199
22 Year 22 $513,253 $0 $0 $513,253 $0 $15,362 $15,362 $497,891 $8,279,090
23 Year 23 $535,561 $0 $0 $535,561 $0 $15,669 $15,669 $519,892 $8,798,982
24 Year 24 $558,836 $0 $0 $558,836 $0 $15,983 $15,983 $542,853 $9,341,835
25 Year 25 $583,119 $0 $0 $583,119 $0 $16,302 $16,302 $566,816 $9,908,651
26 Year 26 $608,452 $0 $0 $608,452 $0 $16,628 $16,628 $591,824 $10,500,475
27 Year 27 $634,881 $0 $0 $634,881 $0 $16,961 $16,961 $617,920 $11,118,394
28 Year 28 $662,450 $0 $0 $662,450 $0 $17,300 $17,300 $645,150 $11,763,545
29 Year 29 $691,210 $0 $0 $691,210 $0 $17,646 $17,646 $673,563 $12,437,108
30 Year 30 $721,208 $0 $0 $721,208 $0 $17,999 $17,999 $703,209 $13,140,317
31 Year 31 $0 $0 $0 $0 $0 $0 $0 $0 $13,140,317
32 Year 32 $0 $0 $0 $0 $0 $0 $0 $0 $13,140,317
33 Year 33 $0 $0 $0 $0 $0 $0 $0 $0 $13,140,317
Totals $16,684,633 $1,791,997 $0 $18,476,630 $4,882,235 $454,078 $5,336,313 $13,140,317
Cash
Position
City of Cupertino Project Savings Project Costs
Project
SavingsPreliminary Cash Flow Analysis (Cash)
$4,000,000
$2,000,000
$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
10,000,000
12,000,000
14,000,000
1 6 11 16 21 26 31
Project Revenues (Cash Purchase)
Cumulative Cash Flow Annual Cash Flow
City of Cupertino Photovoltaic Systems Design and Installation Project
RFP for Design-Build Entities – Appendix H Page 1
CUPERTINO PHOTOVOLTAIC SYSTEMS DESIGN AND INSTALLATION PROJECT
APPENDIX H
DBE Questionnaire
Part A: General Information
DBE Business Name: Syserco Energy Solutions, Inc. _ (“DBE”)
Check One: X Corporation (State of incorporation: California)
___ Partnership
___ Sole Proprietorship
___ Joint Venture of: _________________________________
___ Other: __________________________________________
Main Office Address and
Phone
215 Fourier Avenue, Suite 140, Fremont, CA 94539 510.498.1410
Local Office Address and
Phone
215 Fourier Avenue, Suite 140, Fremont, CA 94539 510.498.1410
Website Address www.syserco-es.com
Contact Name and Title Gabe Johnson, Account Executive
Contact Phone and Email 707.227.6377 (mobile), g.johnson@syserco-es.com
Bidder’s California
Contractor’s License
Number(s)
CSLB License #991301 (C-10, B) Issue Date: 03/19/2014 Expire Date: 03/31/2026
Bidder’s DIR Registration
Number
PW-LR-1000545743 Effective date: 7.09.2021 Expiration date: 06.30.2024
Part B: DBE Experience
1 How many years has each of the entities of the DBE been
in business under the present business name? (in years)
11 years
2 Has the GC entity completed projects similar in type and
size to this Project as a general contractor? (yes or no)
Yes
City of Cupertino Photovoltaic Systems Design and Installation Project
RFP for Design-Build Entities – Appendix H Page 2
3 Has the DBE completed projects similar in type and size
to this Project as this DBE? (yes or no)
Yes
4 Has DBE or any of its team ever been disqualified from a
bid on grounds that it is not responsible, or otherwise
disqualified or debarred from bidding under state or
federal law? (yes or no)
No
If yes, provide additional information on a separate
sheet regarding the disqualification or debarment,
including the name and address of the agency or
owner of the project, the type and size of the project,
the reasons that DBE was disqualified or debarred,
and the month and year in which the disqualification
or debarment occurred.
N/A
4 Has DBE or any of its team ever been terminated for
cause, alleged default, or legal violation from a
construction project, either as a general contractor or as a
subcontractor? (yes or no)
No
If yes, provide additional information on a separate
sheet regarding the termination, including the name
and address of the agency or owner of the subject
project, the type and size of the project, whether
Bidder was under contract as a general contractor or
a subcontractor, the reasons that DBE was
terminated, and the month and year in which the
termination occurred.
N/A
5 Provide information about Bidder’s past projects
performed as general contractor as follows:
a. Three most recently completed public works
projects within the last three years
b. Three largest completed projects within the last
three years
c. Any project which is similar to this Project
including scope and character of the work.
Please see the following pages for answers to these questions.
City of Cupertino Photovoltaic Systems Design and Installation Project
RFP for Design-Build Entities – Appendix H Page 3
a. Three most recently completed public works projects within the last three years:
• North County Joint Union School District, Hollister, CA – 2023, $1.4 million NEM 2.0 solar PV
project including 190.4 kW-DC carport structure. (completed 10.30.24).
• Emery Unified School District, Emeryville, CA – 2022, $5.5 million energy solutions project including CalSHAPE Ventilation assessment, installation of CO2 sensors, refrigeration controls, HVAC upgrades, LED lighting retrofit, building envelope improvements, a battery energy storage system (BESS), and a rooftop solar PV array totaling 731.7 kW-DC. (Completed 11.30.24)
• Grass Valley School District, Grass Valley, CA – 2022, $3.6 million energy generation project including installation of two generators and four solar PV systems totaling 418.5 kW-DC. (Completed 12.15.24)
b. Three largest completed projects within the last three years:
• Berkeley Unified School District, Berkeley, CA – $6.7 million energy solutions project including LED lighting retrofit, building automation system (BAS) upgrades, transformer upgrades, refrigeration controls, hydronic system thermal efficiencies, building envelope improvements, HVAC upgrades and replacements. (Completed 09.30.24)
• Emery Unified School District, Emeryville, CA – 2022, $5.5 million energy solutions project including CalSHAPE Ventilation assessment, installation of CO2 sensors, refrigeration controls, HVAC upgrades, LED lighting retrofit, building envelope improvements, a battery energy storage system (BESS), and a rooftop solar PV array totaling 731.7 kW-DC.
(Completed 11.30.24)
• City of La Puente, CA – 2021, $3.5 million energy solutions project including LED lighting, EV charger installation, HVAC improvements, building envelope upgrades, rooftop and carport solar PV arrays totaling 385.65 kW-DC. (completed 04.01.23)
c. Any project which is similar to this Project including scope and character of the work:
The following projects all include solar PV, many of which are NEM 2.0 projects.
Local Government Solar PV Projects
• City of Norwalk, CA – 2024, $21 million energy solutions and NEM 2.0 project including building automation system (BAS) upgrades, HVAC upgrades and replacements, LED sports lighting and controls, building envelope improvements, transformer replacement, five carports and 2 rooftop solar PV arrays totaling over 2.0 MW (2,012 kW-DC).
• City of Morgan Hill, CA – 2024, $7.5 million NEM 2.0 project including six carport solar PV arrays and one solar PV shade structure totaling nearly 1 MW (967.10 kW-DC).
• City of Fort Bragg, CA – 2024, $7.5 million NEM 2.0 and roof replacement project including two
carports, three rooftops, and one floating solar PV array totaling nearly 1 MW (934.0 kW-DC).
• City of Gilroy, CA – 2023, $6 million NEM 2.0 project including 2 carports and 2 rooftop solar
PV arrays totaling over 1.1 MW (1,132.7 kW-DC).
• City of Willits, CA – 2024, $4.7 million NEM 2.0 solar PV project including two solar arrays
totaling 674.0 kW-DC.
City of Cupertino Photovoltaic Systems Design and Installation Project
RFP for Design-Build Entities – Appendix H Page 4
• City of Dos Palos, CA – 2023, $5.2 million energy solutions and NEM 2.0 project including LED lighting, building envelope upgrades, 691.2 kW-DC solar PV arrays, EV charger installation,
transformer replacement, power quality correction, and parking lot resurfacing
• City of La Puente, CA – 2021, $3.5 million energy solutions project including LED lighting, EV charger installation, HVAC improvements, building envelope upgrades, rooftop and carport solar PV arrays totaling 385.65 kW-DC.
• City of Mountain View, CA – 2024, $2.3 million energy solutions and NEM 2.0 project including boiler improvements, chiller improvements, building automation system (BAS) upgrades, HVAC replacement and upgrades, internal/external LED lighting retrofits, chilled/hot water controls, variable frequency drive (VFD) repairs, solar PV rooftop and carport structures totaling 254.1 kW-DC.
• City of Daly City Fire Station 93, CA – 2024, $576,400 energy solutions project including HVAC upgrades, LED lighting retrofit, building envelope improvements, and a 25.6 kW-DC rooftop solar PV array.
Public School District Solar PV Projects
• Santa Rosa City Schools, Santa Rosa, CA – 2022, $21 million solar PV project installing 19 carport structure solar PV arrays and one rooftop array totaling 4.5 MW (4,500.0 kW-DC) across 20 sites.
• Firebaugh-Las Deltas Unified School District, Firebaugh, CA – 2024, $7.5 million energy solutions project including HVAC upgrades and replacements, refrigeration controls, LED lighting retrofit and controls upgrade, transformer replacement, plug load controls, and two
carport solar PV arrays totaling 122.7 kW-DC.
• Berkeley Unified School District, Berkeley, CA – $6.7 million energy solutions project including LED lighting retrofit, building automation system (BAS) upgrades, transformer upgrades,
refrigeration controls, hydronic system thermal efficiencies, building envelope improvements, HVAC upgrades and replacements. (Completed 09.30.24)
• Emery Unified School District, Emeryville, CA – 2022, $5.5 million energy solutions project including CalSHAPE Ventilation assessment, installation of CO2 sensors, refrigeration controls, HVAC upgrades, LED lighting retrofit, building envelope improvements, a battery energy
storage system (BESS), and a rooftop solar PV array totaling 731.7 kW-DC.
• Yolo County Office of Education, Woodland, CA – 2024, $4.7 million energy solutions project including 388.13 kW-DC solar, EV charger installation, battery energy storage system (BESS),
microgrid, CalSHAPE Ventilation assessment, equipment controls, HVAC upgrades, building envelope improvements, and plug load controls.
• Grass Valley School District, Grass Valley, CA – 2022, $3.6 million energy generation project including installation of two generators and four solar PV systems totaling 418.5 kW-DC.
• Penn Valley Union Elementary School District, Penn Valley, CA – 2024, $3.5 million energy solutions and NEM 2.0 project including CalSHAPE Ventilation assessment, HVAC repair/replacements, LED lighting retrofit, water conservation measures, one carport and one
ground mounted solar array totaling 199.53 kW-DC.
City of Cupertino Photovoltaic Systems Design and Installation Project
RFP for Design-Build Entities – Appendix H Page 5
• Spreckels Union School District, Spreckels, CA – 2022, $3.2 million energy solutions project including CalSHAPE assessment and solar PV carport and ground mount arrays totaling 212.4
kW-DC.
• Cabrillo Unified School District (Ph. 3), Half Moon Bay, CA – 2021, $2.7 million energy solutions project including solar PV carports and roof-mount systems totaling 786.5 kW-DC.
• Washington Union School District, Salinas, CA – 2024, $2.7 million NEM 2.0 project including one carport and 2 rooftop solar PV arrays totaling 198.9 kW-DC.
• Los Banos Unified School District, Los Banos, CA – 2024, $2.3 million NEM 2.0 project including a 232 kW-DC carport solar PV structure and installation of EV chargers.
• North County Joint Union School District, Hollister, CA – 2023, $1.4 million solar PV project including 190.4 kW-DC carport structure.
Other Municipal Solar PV Projects
• Hayward Area Recreation & Park District, Hayward, CA – 2023, $14.2 million energy solutions project including 4 carport and 11 rooftop solar PV arrays totaling 625 kW-DC, building
automation system (BAS) upgrades, HVAC replacements and upgrades, LED lighting retrofit, building envelope improvements, transformer upgrades, water conservation improvements, and a roof replacement.
• Livermore Parks and Recreation District (Ph. 2), Livermore, CA – 2020, $1.4 million energy
solutions project including 437.4 kW-DC solar PV carport.
• Ambrose Recreation & Park District, Bay Point, CA – 2020, $517,550 solar project including 50.80 kW-DC rooftop solar array, HVAC upgrades, controls, internal/external LED lighting retrofits, and smart pool pump controls.
City of Cupertino Photovoltaic Systems Design and Installation Project
RFP for Design-Build Entities – Appendix H Page 6
Part C: Project Experience
Provide information on at least three projects that are similar in scope and character to this
project. Two of the projects must be public sector projects. (Use separate sheets if required)
PROJECT #1
A Project name City of Mountain View NEM 2.0 Solar PV
B Project location 500 Castro St, Mountain View, CA 94041
C Project description:
Design-build project, design and installation of 254.1 kW-DC in solar PV arrays.
D Client/Owner (name, address, email, and
phone number
Damtew Ayele, Project Manager, City of Mountain View 500 Castro St, Mountain View, CA 94041 damtew.ayele@mountainview.gov 650.903.6267
E Prime contractor, if applicable (name,
address, email, and phone number
Syserco Energy Solutions, Inc.
F Architect or engineer (name, email, and
phone number
Mariana Moncada, Principal and Owner, MMPV Design mariana@mmpvdesign.com
619.632.2883
G Project and/or construction manager (name,
email, and phone number
Pablo Orozco, Project Director p.orozco@syserco-es.com 510.513.3545
H Scope of work performed (as general
contractor or as subcontractor
Project design, project management and implementation.
I Initial contract price $5,169,388
J Final contract price (including change
orders);
TBD – Project is currently in construction
K Original scheduled completion date March 2026
L Actual date of completion TBD – Project is currently in construction
M Time extensions granted (number of days) N/A
N Number and amount of stop notices or
mechanic’s liens filed
N/A
O Amount of any liquidated damages
assessed against Bidder
N/A
P Nature and resolution of any project-
related claim, lawsuit, mediation, or
arbitration involving Bidder
N/A
Q Other Notes $491,400 annually utility savings
City of Cupertino Photovoltaic Systems Design and Installation Project
RFP for Design-Build Entities – Appendix H Page 7
PROJECT #2
A Project name City of Morgan Hill NEM 2.0 Solar PV
B Project location 17575 Peak Ave, Morgan Hill, CA 95037
C Project description:
Design-build project, design and installation of 592.2 kW-DC in solar PV arrays.
D Client/Owner (name, address, email, and
phone number
Chris Ghione, Public Services Director, City of Morgan Hill 17575 Peak Ave, Morgan Hill, CA 95037
chris.ghione@morganhill.ca.gov 408.782.9154
E Prime contractor, if applicable (name,
address, email, and phone number
Syserco Energy Solutions, Inc.
F Architect or engineer (name, email, and
phone number
TBD – Will be subbed out by McMillan Electric.
G Project and/or construction manager (name,
email, and phone number
Pablo Orozco, Project Director p.orozco@syserco-es.com 510.513.3545
H Scope of work performed (as general
contractor or as subcontractor
Project design, project management and implementation.
I Initial contract price $5,169,388
J Final contract price (including change
orders);
TBD – Project is currently in construction
K Original scheduled completion date December 2025
L Actual date of completion TBD – Project is currently in construction
M Time extensions granted (number of days) N/A
N Number and amount of stop notices or
mechanic’s liens filed
N/A
O Amount of any liquidated damages
assessed against Bidder
N/A
P Nature and resolution of any project-
related claim, lawsuit, mediation, or
arbitration involving Bidder
N/A
Q Other Notes Projected Lifecycle Cost Savings = $18.6M
City of Cupertino Photovoltaic Systems Design and Installation Project
RFP for Design-Build Entities – Appendix H Page 8
PROJECT #3
A Project name City of Gilroy NEM 2.0 Solar PV
B Project location 7351 Rosanna St, Gilroy, CA 95020
C Project description:
This project involved a Power Purchase Agreement (PPA) between the City of Gilroy (City) and Jua Capital, LLC. A total of 1,132.7 kW-DC solar PV arrays were designed and built across four locations within the City limits.
D Client/Owner (name, address, email, and
phone number
Walter Dunckel, Facilities Superintendent,
City of Gilroy walter.dunckel@ci.gilroy.ca.us 408.461.0854
E Prime contractor, if applicable (name,
address, email, and phone number
Syserco Energy Solutions, Inc.
F Architect or engineer (name, email, and
phone number
TBD – Will be subbed to Patterson Engineering, Inc.
G Project and/or construction manager (name,
email, and phone number
Javier Palma, Project Manager j.palma@syserco-es.com 510.975.0226
H Scope of work performed (as general
contractor or as subcontractor
Project design, project management and implementation.
I Initial contract price $6,061,550
J Final contract price (including change
orders);
TBD – Project is currently in construction
K Original scheduled completion date Spring 2025
L Actual date of completion Project is on schedule, to be completed in April 2025.
M Time extensions granted (number of days) N/A
N Number and amount of stop notices or
mechanic’s liens filed
N/A
O Amount of any liquidated damages
assessed against Bidder
N/A
P Nature and resolution of any project-
related claim, lawsuit, mediation, or
arbitration involving Bidder
N/A
Q Other Notes Power Purchase Agreement in place with
Jua Capital, LLC
Please see the following pages for more information about these projects.
City of Cupertino Photovoltaic Systems Design and Installation Project
RFP for Design-Build Entities – Appendix H Page 9
Part D: Safety
1. Provide DBE’s Experience Modification Rate (EMR) for the last three years:
Year EMR
2023 0.69 (69%) – Effective 03/01/2023
2022 0.61 (61%) – Effective 03/01/2022
2021 0.59 (59%) – Effective 03/01/2021
2. 2. Complete the following, based on information provided in DBE’s CalOSHA Form 300
or Form 300A, Annual Summary of Work-Related Illnesses and Injuries, from the most
recent past calendar year:
2.1 Number of lost workday cases 0
2.2 Number of medical treatment cases 0
2.3 Number of deaths 0
3. Has the DBE ever been cited, fined, or prosecuted by any local, state, or federal agency,
including OSHA, CalOSHA, or EPA, for violation of any law, regulation, or
requirements pertaining to health and safety?
Yes or No? No
If yes, provide additional information on a separate sheet regarding each such citation,
fine, or prosecution, including the name and address of the agency or owner of the
project, the type and size of the project, the reasons for and nature of the citation, fine, or
prosecution, and the month and year in which the incident giving rise to the citation,
fine, or prosecution occurred.
4. Name, title, and email for person responsible for DBE’s safety program:
Felix Ukpabi Safety Manager f.ukpabi@syserco-es.com
City of Cupertino Photovoltaic Systems Design and Installation Project
RFP for Design-Build Entities – Appendix H Page 10
Part E: Verification
In signing this document, I, the undersigned, declare that I am duly authorized to sign and
submit this DBE Questionnaire on behalf of the named DBE, and that all responses and
information set forth in this DBE Questionnaire and accompanying attachments are, to the best
of my knowledge, true, accurate and complete as of the date of submission. I declare under
penalty of perjury under the laws of the State of California that the foregoing is true and
correct.
Signature: ____________________________________________ Date: 12.23.24
By: Majd Khleif, Board Chair & President, Syserco Energy Solutions, Inc.
Name and Title
END OF BIDDER’S QUESTIONNAIRE
Docusign Envelope ID: 65029446-322C-46B1-B77B-FE2E36B155A7
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Board Chair & President Syserco Energy Solutions, Inc
Majd Khleif
December 23, 2024
Fremont
California
Docusign Envelope ID: 65029446-322C-46B1-B77B-FE2E36B155A7
City of Cupertino Proposal to Provide Design-Build Services for the Cupertino Photovoltaic Systems Design and Installation Project
Syserco Energy Solutions, Inc. 21 L. Exceptions
L. Exceptions
Progress Meetings
During the course of the Construction Phase, progress meetings will be conducted on a weekly basis by the City and at DBE’s on-site office, unless otherwise specified.
Note: SES does not intend to have an on-site office for this Project.
Insurance Coverages
The Design-Build Contract included in the RFP contains insurance requirements in the General Conditions section. The requested insurance coverage is beyond what Syserco Energy Solutions carries, and the cost of the additional insurance is not included in our Proposal.
Please see a copy of our current Certificate of Insurance on the following page.
Specifically, the gaps in our current coverage and the levels of coverage requested in the City’s General Conditions include (but may not be limited to):
Commercial General Liability (CGL)
Syserco Energy has $1M per occ underlying + $10M per occurrence umbrella = $11M total GL per occurrence.
Automobile Liability
SES has $1M auto + $10M umbrella = $11M total limit for auto
Professional Liability
SES has a $3M E&O/Pollution limit.
Builder’s Risk.
SES is willing to provide an “Installation Floater”, but Builder’s Risk is unnecessary for this Project.
SES currently has a $2M per jobsite Installation Floater
Pollution and/or Asbestos Legal Liability.
SES has $3,000,000 aggregate.
215 Fourier Ave. Suite 140 | Fremont, CA 94539 | Ph. 510.498.1410 | F. 510.498.1160
City of Cupertino PV Project
Attachment A
February 11, 2025
Customer Furnished/Performed Items
1. Available as-built drawings or site-specific information necessary to effectively design, engineer and
construct the renewable energy solution including but not limited to past site plans, all existing utilities
(including irrigation infrastructure), permits for past work, etc.
2. Provide a site access road that will accommodate heavy vehicles, deliveries, and service vehicles. City will
not be responsible for the conditions for the site access road.
3. Lab of Record (LOR), Inspector of Record (IOR), and special inspections.
Exclusions
1. Upgrades to existing ADA paths of travel. Any necessary upgrades to existing ADA paths of travel
determined after due diligence after Contract Effective Date by the AOR will be managed through a
contract change order.
2. Any facility or infrastructure upgrades not directly required by the scope of work, including but not
limited to existing ADA paths of travel will be managed through a contract change order.
3. Any required upgrades to the existing roof structures determined after detailed structural engineering is
performed are excluded.
4. Typical soils are assumed for carport and shade structure foundation design. Soils conditions shall be
confirmed by a geotechnical evaluation under SES scope. Changes to foundation design required due to
non-standard soil conditions (rocky soil, soft soil stabilization, Dewatering drilled foundations and
sleeving of foundations) are excluded.
5. Engineering, installation, and maintenance of permanent stormwater facilities and features if required by
the AHJ including but not limited to riprap, basins, inlet structures, and down inlet protections. Best
management practice (BMP) mitigations required during construction are not excluded.
6. De-mobilizations as directed by the city after construction has started at each site.
7. Environmental engineering and/or any environmental/biological remediation.
8. Floodplain engineering and/or any alterations to site and materials to accommodate floodplains.
9. Service upgrades, electrical service equipment, or new services.
10. Changes to project design and implementation required to accommodate easements and/or rights of way
not listed in the scope of work.
11. Environmental assessment, environmental impact reports, testing, and other reports not listed in the scope
of work.
12. Any design or engineering related to flood plans and/or FEMA high-hazard floodplains.
13. Relocation and/or removal of any existing utilities (active or abandoned), inclusive of water, electricity,
communication, data, cable TV, security systems, irrigation, etc.
14. Hazardous material surveys, testing, and/or monitoring.
15. Removal and/or disposal of any hazardous or contaminated materials.
16. Excavation, removal, and/or disposal of unsuitable materials.
215 Fourier Ave. Suite 140 | Fremont, CA 94539 | Ph. 510.498.1410 | F. 510.498.1160
Page 2 of 2
17. Corrosion-resistant materials (beyond standard galvanization).
18. Arc Fault Hazard Assessment.
19. Overcurrent Protection Coordination Studies.
Additional Services
Services not included in the contract which can be added are as follows:
1. Extension of electrical infrastructure on Sports Center site to areas other than the proposed carport site to
support additional EV chargers / Installation of additional EV chargers in Sports Center site rear
parking lot.
2. Electrical service upgrade at Sports Center site to support additional scopes of work.
3. Improvements to the existing picnic area within Memorial Park (as part of the Quinlan Community Center PV
project), such as new fixtures, furniture, paving, and other facility renovations.
4. Installation of Solar PV system at Library Site
5. Installation of Energy Storage Systems (ESS) at all project locations
6. Analysis, due diligence and implementation for additional energy services at these sites and other city
facilities.
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT
NAME:
FAXPHONE
(A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence)
MED EXP (Any one person)$
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER:$
COMBINED SINGLE LIMIT
$(Ea accident)
ANY AUTO BODILY INJURY (Per person)$
OWNED SCHEDULED
BODILY INJURY (Per accident)$AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
$AUTOS ONLY AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below
INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
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APPENDIX A
CUPERTINO PHOTOVOLTAIC SYSTEMS DESIGN AND INSTALLATION PROJECT
THE BRIDGING DOCUMENTS
DOCUMENT 1.4
Programming, Cost, and Funding Report
Prepared for the City of Cupertino
Presented by:
Syserco Energy Solutions, Inc.
Date Submitted:
January 24, 2025
Table of Contents 2
Table of Contents
Table of Contents.............................................................................................................................................................. 2
Executive Summary .......................................................................................................................................................... 3
Section 1 – Project Financials ........................................................................................................................................ 4
1.1 System Sizing ....................................................................................................................................................... 4
1.2 Annual Energy Savings...................................................................................................................................... 4
1.3 Budget Impact / Financing Options .............................................................................................................. 5
1.4 Portfolio Cash Flow Models............................................................................................................................. 7
Section 2 – Construction Methodology, Equipment, and Conceptual Designs .......................................... 13
2.1 Construction Methodology and Schedule ............................................................................................... 13
2.2 Project Portfolio Conceptual Designs........................................................................................................ 16
2.3 Project Equipment Lists ................................................................................................................................. 29
Section 3 – Project Specifications and Technology Evaluation ........................................................................ 31
3.1 Technical Specifications ................................................................................................................................. 31
3.2 New Technology Evaluation ......................................................................................................................... 35
3.3 Energy Storage Evaluation ............................................................................................................................ 36
City of Cupertino
Programming, Cost, and Funding Report
Executive Summary 3
Executive Summary
The City of Cupertino has been working to evaluate the benefits of adding solar photovoltaic energy
systems to a number of locations. The goal of this potential project is to assist in offsetting ongoing
electrical utility costs at these locations to provide long term value to the city and its residents.
To develop the recommended project, our experienced energy engineers, project managers, and project
developers performed a detailed energy and operational audit of the City’s facilities to determine the full
potential for savings. This proposal is a culmination of our audit findings, recommended systems,
infrastructure enhancements, and overall cost reductions.
We would like to thank the members of the City’s staff and facilities team who worked closely with the
Syserco Energy Solutions team throughout this process. Without their assistance, this report would not
have been possible.
The project development process involved numerous site visits, interaction with City administration and
facilities staff, and a detailed analysis of existing equipment and systems and current utility consumption .
Studies of energy usage, operating conditions, and interviews with the City’s facility team have been
valuable sources of information, contributing greatly to this effort. We have taken into consideration the
input provided by staff when compiling the proposed project.
The recommended project will design, furnish, and install new solar PV roof mount and carport / shade
structure systems at various City sites. These new systems will offset significant electrical energy usage
relative to grid-purchased electrical energy. The recommended system sizes are summarized in the table
below:
Recommended Project S ummary
Site Name
Nominal
Array Size
(kW DC)
Nominal
System Size
(kW AC)
Mounting Type
Community Hall 49.30 50 Rooftop
Quinlan Community Center / Senior Center 312.62 260 Carport / Rooftop
Sports Center 214.02 172 Carport
Total 575.94 482
City of Cupertino
Programming, Cost, and Funding Report
Section 1 – Project Financials 4
Section 1 – Project Financials
1.1 System Sizing
The systems in the project were sized based on multiple factors to align with the city’s goals for the
project. The first factor considered was available space – in concert with city staff, ideal areas on each site
were identified that would not impact the usage of each site or require the removal of undue quantities of
trees. With the usable locations identified on each site, energy consumption was evaluated to determine
the maximum amount of energy generation that would be economically beneficial for the site. The
systems were then sized within these two constraints to offset as much energy usage as possible at each
location within the physical areas identified for use . Options for each site were presented to city staff for
evaluation and comment, with preferred layouts selected by the city for each location.
1.2 Annual Energy Savings
Annual Energy Savings for the project were modeled utilizing the industry-standard software application
Energy Toolbase based on data from site-specific models that were developed in Helioscope, another
industry-standard software application . This model projects the energy savings provided by the array
based on the estimated energy production within each time interval, to ensure that the impacts of time -
of-use (TOU) rate schedules and non -bypassable charges are accurately accounted for. The first-year
energy savings depicted in the table below assume a roughly 18-month duration between the issuance of
this report and system completion and incorporate an estimated annual utility escalation rate of 5%
during this time period. While first -year savings are presented in the table below, it is important to note
that annual energy savings are estimated to change over time. Utility rates are anticipated to continue to
rise over time, and throughout the project’s life cycle the modules are expected to degrade annually . For
the purposes of the estimated payback period listed below, the annual utility escalation is estimated to be
5%, and the annual PV module degradation rate is assumed to be 0.5%. Additionally, the city has
submitted interconnection applications under the NEM2 tariff, which is far more lucrative than the current
NEM3 tariff – this allows the systems to be locked into this NEM2 tariff for 20 years from project
permission to operate, after which time they will be transitioned to the NEM3 rate tariff. Syserco Energy
Solutions assisted the city in accomplishing this by applying for utility interconnection of these systems
prior to the April 15th, 2023 NEM2 application deadline. It is important to note that to capture this 20 -year
NEM2 eligibility, these projects must be completed by April 15 th, 2026.
City of Cupertino
Programming, Cost, and Funding Report
Section 1 – Project Financials 5
1.3 Budget Impact / Financing Options
Site Name Nominal Array
Size (kW DC)
System Price 1
Estimated
Direct Pay
ITC 1
Net Price 1
First Year
Energy
Savings 1,2
Estimated
Payback Period
(Years)
Community Hall 49.30 $474,178 $188,726 $285,452 $31,196 8.11
Quinlan Community Center /
Senior Center
312.62 $1,888,660 $676,746 $1,211,914 $163,067 6.72
Sports Center 214.02 $1,577,043 $550,070 $1,026,973 $96,612 9.11
Total 575.94 $3,939,881 $1,415,542 $2,524,339 $290,875 7.69
1Note: All costs and savings figures presented are estimates.
2Projected first year energy savings shown in table are indicative of the avoided electric utility costs the site will experie nce, which will
manifest in the form of lowered utility bills on each site.
Financing Options
Solar PV systems can be financed in multiple ways to alleviate construction cash flow challenges. The main
financial vehicles available for the project are a cash purchase, tax -exempt lease purchase (TELP), or a
power purchase agreement (PPA). A cash purch ase model is the simplest funding strategy for the project.
This methodology would utilize direct funding from the city to procure the project, which would have
several benefits for the city. The city would be able to monetize the direct pay credit from th e federal
government (available via the Inflation Reduction Act), essentially providing a significant rebate for the
project. When meeting prevailing wage and apprenticeship requirements, this direct pay credit amounts
to 30% of the total PV project cost. For public entities receiving direct pay credits, there is a penalty for
not meeting domestic content thresholds on the projec t, which can reduce this 30% credit by 15% for
projects beginning in 2025 (i.e. reducing the 30% credit to 25.5%.) In addition to avoiding this credit
reduction, utilizing domestic content on the project provides a 10 -percentage point increase on the
baseline direct pay credit, which would increase the realized benefit to the city from 25.5% of PV project
costs to 40% of PV project c osts when meeting domestic content requirements.
To meet the domestic content requirements, all iron and steel used in the project must have all
manufacturing processes taking place in the United States , and (for projects beginning in 2025,) 45% of
the total costs of all manufactured products (including components) in the facility must be mined,
produced, or manufactured in the United States.
As a result of this, the project has been conceptually designed to utilize equipment which meets the
domestic content requirement. Additionally, the city would directly receive all of the benefits provided by
the system, including Renewable Energy Credits (RECs), which are the “green attributes” of the energy
generated by the array which can be separately sold. Additionally, there would be no financing fees or
interest costs associated with this method, which would maximize the total return on investment o f the
city’s procurement of the PV system. The downsides of this procurement method are minimal. Under this
method, the city would need to operate and maintain the system, or alternatively hire a company to
perform these services on behalf of the city which would require an ongoing (though small) cost to the
city. The city would also need to have enough available capital to directly fund the project.
City of Cupertino
Programming, Cost, and Funding Report
Section 1 – Project Financials 6
A TELP funding model utilizes a tax -exempt lease for acquiring the capital necessary for construction and
paying this lease back over time. Typically, these agreements run for 15-to-20-year terms. This financing
format provides the city multiple benefits – direct capital funding from the city is not required for this
financing method, and the model can be structured to ensure that the lease payments are funded by the
cost savings from the PV arrays. Additionally, the city can negotiate a fixed interest rate on the borrowed
funds and have a predictable payment schedule over time to repay the lease. Under this financing
structure, the city is also able to monetize the direct pay credit from the federal government. There are
multiple drawbacks to this financing mechanism, however. When utilizing a tax-exempt financing method
under the Inflation Reduction Act , the direct pay credits are reduced by 15% relative to a cash purchase
option (i.e. the 40% credit described above is reduced to 34%.) In addition, the city would own the arrays
and would therefore receive all of the benefits of the system (including RECs) directly , but would need to
operate and maintain the systems or hire a company to perform these services to keep the arrays
functioning optimally over time which would require an ongoing cost to the city . Additionally, the interest
associated with this financed procurement method would reduce the total return on investment of the
project relative to a cash -purchase option.
A power purchase agreement (PPA) is an alternative financing option which utilizes a third party to
provide the capital necessary for construction of the project. The third party retains ownership of the
arrays and the city then pays the third party a negotiated value for the energy produced by the array s as
measured by an electrical meter on site. Term length for this financing option can range significantly,
though this is typically on the order of 20 to 30 years. PPA agreements typically encompass two
independent variables which determine the base energy price in the agreement, which are term length
and escalation rate (the year -over-year increase in the base energy price.) These variables can be adjusted
to meet the needs of the city – increasing the term length and esca lation rates typically results in a lower
base (first-year) PPA rate, increasing savings realized in the early years of the project life cycle. There are
several benefits to this financing format – the city would not require any capital to construct the ar rays,
would not accrue interest during the construction period, and would not incur any direct debt. The city
would not own the arrays during the PPA term (though PPAs would typically include an option for the city
to procure the array at the end of the te rm of the agreement ), and therefore would not need to
orchestrate operations and maintenance activities for the PV systems. Because payments under a power
purchase agreement are based around a value per kilowatt -hour of energy delivered to the project site ,
typical issues impacting energy production would reduce the amount owed by the city to the PPA
provider, insulating the city from risk of the systems encountering operational issues; this also keeps the
PPA provider’s interests aligned with the city’s, a s the PPA provider is incentivized to maintain the arrays in
peak condition to ensure the maximum amount of energy is delivered to the site. This financing method
also has downsides; the array being owned by a third party means that the city would not be a ble to
monetize the direct pay credit from the federal government for the project. Additionally, payments from
the city to the PPA provider can fluctuate due to weather conditions, etc., and are likely less predictable
than payments under a TELP financing model.
These financial vehicles can also be combined to provide additional options for the city. For instance,
available capital can be utilized to fund a project, with any shortfall being covered by a TELP or PPA.
Combining available capital with a financing opt ion has the benefit of expanding the ability of the city to
procure the systems, while significantly reducing the interest paid on a potential lease, or the base price
for energy, the annual escalator, or the term negotiated under a PPA.
City of Cupertino
Programming, Cost, and Funding Report
Section 1 – Project Financials 7
1.4 Portfolio Cash Flow Models
Each of the project locations was modeled to depict the estimated cash flow provided by each of the
various financing strategies described in the previous section of this report . In addition, the portfolio as a
whole was modeled similarly to show the revenue potential of the entire project throughout its life cycle.
All project financing models anticipate 20-year financing terms to align with the NEM2 project lock-in
duration. The impact of changing to the NEM3 tariff after 20 years is included in the follo wing cash flow
models and summary tables.
Site Name Nominal Array
Size (kW DC)
Estimated
Year 1 Net
Savings 1
(Cash)
Estimated
Year 1 Net
Savings 1
(TELP)
Estimated
Year 1 Net
Savings 1
(PPA)
Estimated
Lifecycle
Net Savings
(Cash)
Estimated
Lifecycle
Net Savings
(TELP)
Estimated
Lifecycle
Net Savings
(PPA)
Community Hall 49.30 $30,457 $17,222 $9,471 $1,079,495 $800,616 $860,318
Quinlan Community
Center / Senior Center
312.62 $158,421 $123,893 $68,139 $6,082,649 $4,855,850 $5,127,144
Sports Center 214.02 $93,402 $47,048 $16,775 $3,348,011 $2,389,518 $2,531,679
Total 575.94 $282,279 $188,163 $94,300 $10,510,155 $8,045,985 $8,517,106
1Net savings depicted in the above table take into account all estimated elements of the project, incorporating utility bill savings,
operations and maintenance costs, interest costs, and PPA payments (as applicable to each of the individual financing mechanisms.)
Utilizing a cash purchase model to procure the system provides the highest return on investment for solar
PV projects, as there are no PPA payments, financing costs, or accrued interest that need to be paid over
time for the system . While this method does require significant capital to be available to procure the
system outright, it maximizes the value derived from the system by the purchaser.
When capital is not available or opportunity costs are too significant to justify the short -term expenditure,
financing projects via a TELP or PPA (in most cases) provides an excellent opportunity to be able to
procure the system while realizing immediate positive cash flow on the project. The downside of these
options is that the various financing related payments reduce the life cycle savings of the project
significantly, as they are covered by the savings the systems generate.
City of Cupertino
Programming, Cost, and Funding Report
Section 1 – Project Financials 8
Full Portfolio Cash Flow Model
Portfolio Financial Summary
Financing Mechanism Up Front
Costs
Payback Period
/ Break Even
Point
Estimated
Lifecycle Net
Savings
Cash Purchase $3,939,881 7.69 Years $10,510,155
TELP $0 N/A $8,045,985
PPA $0 N/A $8,517,106
The project portfolio provides an excellent opportunity to bundle all of the locations together to leverage
any of the available financing methods and take advantage of the benefits that are most attractive to the
city. In a cash purchase setting, the system s are anticipated to pay for themselves in 7.69 years and
provide a net lifecycle savings to the city roughly $2 million greater than a financed option. However, both
financed options are estimated to be able to provide the city a positive cash flow from the first year of
operation, with out requiring available capital to purchase the arrays. The modeled cash flow for all three
options is shown in the graph below:
City of Cupertino
Programming, Cost, and Funding Report
Section 1 – Project Financials 9
Community Hall Cash Flow Model
Community Hall Financial Summary
Financing Mechanism Up Front
Costs
Payback Period
/ Break Even
Point
Estimated
Lifecycle Net
Savings
Cash Purchase $474,178 8.11 Years $1,079,495
TELP $0 N/A $800,616
PPA $0 N/A $860,318
The Community Hall project location provides an excellent opportunity to leverage any of the available
financing methods to take advantage of the benefits that are most attractive to the city. In a cash
purchase setting, the system is anticipated to pay fo r itself in 8.11 years and provide a net lifecycle savings
to the city roughly $200,000 greater than a financed option. However, both financed options are
estimated to be able to provide the city a positive cash flow from the first year of operatio n withou t
requiring available capital to purchase the arrays. The modeled cash flow for all three options is shown in
the graph below:
City of Cupertino
Programming, Cost, and Funding Report
Section 1 – Project Financials 10
Quinlan Community Center / Senior Center Cash Flow Model
Quinlan Community Center / Senior Center Financial Summary
Financing Mechanism Up Front
Costs
Payback Period
/ Break Even
Point
Estimated
Lifecycle Net
Savings
Cash Purchase $1,888,660 6.72 Years $6,082,649
TELP $0 N/A $4,855,850
PPA $0 N/A $5,127,144
The Quinlan Community Center project location provides an excellent opportunity to leverage any of the
available financing methods to take advantage of the benefits that are most attractive to the city. In a cash
purchase setting, the system is anticipated to pay for itself in 6.72 years and provide a net lifecycle savings
to the city roughly $900,000 greater than a financed option. However, both financed options are
estimated to be able to provide the city a positive cash flow from the first year of operation, without
requiring available capital to purchase the arrays. The modeled cash flow for all three opti ons is shown in
the graph below:
City of Cupertino
Programming, Cost, and Funding Report
Section 1 – Project Financials 11
Sports Center Cash Flow Model
Sports Center Financial Summary
Financing Mechanism Up Front
Costs
Payback Period
/ Break Even
Point
Estimated
Lifecycle Net
Savings
Cash Purchase $1,577,043 9.11 Years $3,348,011
TELP $0 N/A $2,389,518
PPA $0 N/A $2,531,679
The Sports Center project location provides an excellent opportunity to leverage any of the available
financing methods to take advantage of the benefits that are most attractive to the city. In a cash
purchase setting, the system is anticipated to pay for itself in 9.11 years and provide a net lifecycle savings
to the city roughly $800,000 greater than a financed o ption. However, both financed options are
estimated to be able to provide the city a positive cash flow from the first year of operation, without
requiring available capital to purchase the arrays. The modeled cash flow for all three options is shown in
the graph below:
City of Cupertino
Programming, Cost, and Funding Report
Section 1 – Project Financials 12
NEM 2 and NEM 3 Comparison
As a part of this project, interconnection applications were submitted to the utility prior to the April 15,
2023 deadline for the closing of NEM2 to new applications for the 3 locations covered in this report. The
relative value of the NEM2 projects is significantly greater than if these projects were to be completed
under the currently-existing utility tariff structure of NEM3, which will require the systems to be
completed by April 15th, 2026. The savings projections under NEM3 were modeled in an analogo us
manner to the NEM2 savings projections, utilizing an Energy Toolbase model based on a Helioscope array
design for each project location, to ensure that the impacts of TOU rate schedules and values for energy
exported to the utility grid were accounted f or. The same assumptions for utility cost escalation rates (5%)
and PV module degradation (0.5%) were utilized in both models. The projected net life cycle savings of
the projects are shown under both NEM2 and NEM3 scenarios for comparison in the table bel ow:
Site Name
Nominal
Array Size
(kW DC)
Estimated Year
1 Net Savings
(Cash, NEM2)
Estimated Year
1 Net Savings
(Cash, NEM3)
Estimated Lifecycle
Net Savings (Cash,
NEM2)
Estimated Lifecycle
Net Savings (Cash,
NEM3)
Energy
Offset
Percentage
Community Hall 49.30 $30,457 $17,851 $1,079,495 $685,806 71.97%
Quinlan Community
Center / Senior Center
312.62 $158,421 $81,895 $6,082,649 $3,692,660 93.53%
Sports Center 214.02 $93,402 $48,156 $3,348,011 $1,934,918 100.47%
Total 575.94 $282,279 $147,902 $10,510,155 $6,313,383 93.72%
The impact of the NEM3 tariff relative to the NEM2 tariff for each of the project locations varies
significantly. On average, NEM3 drastically reduces the credit earned for exporting energy from the
project locations to the utility grid, though it has no impact on energy that is produced and consumed
concurrently on site. As a result of this, locations that utilize most of their energy during the day
(particularly in the summer months) are not as heavily impacted by the NEM3 tariff as sites whose energy
usage is not aligned with availa ble sunlight . For a given site, as the fraction of energy usage offset by the
PV system rises, the impact of NEM3 will generally also increase. For this portfolio, the impact of NEM3 on
the proposed systems varies, ranging from an 41.39% reduction in first year savings at the Library to a
48.44% reduction in first year savings at the Sports Center location. Across the entire portfolio, NEM3
would reduce first year energy savings by 47.60% when compared with the same project under NEM 2.
The lifecycle net savings discrepancy across the portfolio (39.93%) is slightly lower than the first -year
savings discrepancy, as the NEM 2 projects will be transitioned to NEM3 after 20 years, at which point the
annual savings of both scenarios will equalize.
City of Cupertino
Programming, Cost, and Funding Report
Section 2 – Construction Methodology, Equipment, and
Conceptual Designs 13
Section 2 – Construction Methodology ,
Equipment, and Conceptual Designs
2.1 Construction Methodology and Schedule
Design-Build Construction Methodology Benefits
Syserco Energy Solutions recommends a design -build methodology for execution of this project, which is
common in the solar industry. There are a significant number of benefits to this delivery method, which
are particularly valuable in a time-constrained environment. Given the need to complete these projects by
the April 15th, 2026 deadline to maintain NEM2 status for the arrays, timing will be critical for the success
of the project. The benefits of a design -build methodology are summarized below:
Complete Accountability – With the design-build delivery method, a single entity, the design -builder, is
the point of accountability across the entire project. The Design -Builder is always working toward the
owner’s project goals with intent. The entire process, from design to final walkthrough, requires the
Design-Builder to take full responsibility for all aspects of the project. Details and “Scope Gaps” cannot be
overlooked without accountability.
Quality of the design – Allows for Owner input and accounts for all project -related costs
Improved Continuity - In the traditional “Design-Bid-Build” project delivery, once the design team
completes their work, they hand off the project to a general contractor , who may have a different
perspective on the project than the design team. Unless all elements of the project are fully and minutely
detailed, there may be discrepancies between the design intent and the fully executed project. With
design-build projects, a seamless line exists between each phase of the construction process , aligning all
parts of the project team towards a common design and implementation intent .
Single Project Leader, Single POC – A Design-Build Project Manager is part of everything from planning
to the final stages. They’re in charge of keeping things on time, planned, and on budget.
Field Expertise & Early Collaboration – Expertise for all areas of project development and construction
are involved from start to finish. Design engineers work with construction -focused minds to ensure what
is being designed can actually be built in the field, without additional surprises a nd cost increases.
Risk Mitigation - Much of the risk involved in a project using the design -build method falls away from
the owner to the design -build contractor. As a result, owners are often better protected against
unexpected costs resulting from design errors or construction delays.
Single Contract – A single design-build contract eliminates (sometimes challenging) contract
negotiations between engineering firms, construction firms, and commissioning firms. Instead of multiple
contracts, the design -builder will have one singular agreement with the owner. As a result, the owner
retains control, while an environment of collaboration produces exceptional results without regular
construction hangups.
Streamlined Communication - Communication is critical to keeping projects on budget and on time.
Design-build cuts out inefficiencies by putting everyone on the same team. When designers, contractors,
City of Cupertino
Programming, Cost, and Funding Report
Section 2 – Construction Methodology, Equipment, and
Conceptual Designs 14
and other workers are on the same team, getting information from one person to another is seamless and
fast. Instead of needing to coordinate multiple entities that may operate on different schedules, the
design-build team can react quickly to any issues t hat may arise during the project.
Financial Savings - It’s easy to assume that one of the benefits of design -bid-build is a lower budget,
because projects often go to the lowest bidder. While a lower budget might be alluring, the inefficiencies
and disconnects inherent in the traditional approach can crea te financial burdens. Keeping projects on
budget is difficult and made even more complex by a lack of communication and accountability.
Time Savings - When teams work in step with each other, rather than solely sequentially, it means you
can save time and budget time more effectively. Many project owners have an experience of waiting
weeks (or even months) after the design phase to break ground and st art construction. Using a design -
build approach means you aren’t waiting on another company to start on the next stage.
Equipment Changes – The solar industry moves very quickly, a nd solar modules in particular are
constantly subject to shifting availability as new module models and wattages come onto the market (and
older modules stop being produced). Performing a detailed DC electrical design based on specific
modules well in advance of the project's procurement and construction phases presents significant risk of
alterations being needed. Alterations under a design -bid-build model impose an appreciable risk of delay,
as the project engineer would need to be reengaged to review and update the DC electrical design to
accommodate module changes.
City of Cupertino
Programming, Cost, and Funding Report
Section 2 – Construction Methodology, Equipment, and
Conceptual Designs 15
Design-Build Estimated Project Schedule
The major milestones of the estimated schedule required to implement a design -build procurement of the
project portfolio by the April 15th, 2026 NEM2 deadline is summarized in the table below:
Event Target Date
Contract Issued February 4th, 2025
Project Engineering / Detailed Design Phase February 5th, 2025 – April 15th, 2025
Permitting April 15th, 2025 – May 15th, 2025
Procurement of Major Materials March 1st, 2025 – September 1st, 2025
Construction Schedule September 1st, 2025 – April 1st, 2026
City of Cupertino
Programming, Cost, and Funding Report
Section 2 – Construction Methodology, Equipment, and
Conceptual Designs 16
2.2 Project Portfolio Conceptual Designs
Conceptual designs for each of the projects are shown on the following pages. For each project location, a
Helioscope conceptual system design and a single line diagram have been provided, depicting the system
layout, electrical components, and anticipated electrical configuration. These conceptual designs are
indicative of the design intent for each of the projects, though alternative system designs (equipment
manufacturers and models, inverter voltages, etc.) could be utilized to provide similar value to the city.
Maintaining the existing trees on site is a priority for this project, though several trees will need to be
removed from the Quinlan Community Center and sports center site locations where conflicting with the
array locations and where necessary to ensure appropriate solar access for the new solar arrays. Where
possible, tree trimming is recommended in place of tree removal at the Quinlan Community Center and
sports center sites. The trees conflicting with the array located in the picnic area of the Quinlan
Community Center are assumed to be removed or replanted as part of the Memorial Park revitalization
project. The number of trees that will need to be removed and are recommended to be trimmed at each
site is summarized in the table below:
Site Name Trees to be
Trimmed
Trees to be
Removed
Community Hall 0 0
Quinlan Community Center / Senior Center 14 12
Sports Center 2 5
Total 16 17
City of Cupertino
Programming, Cost, and Funding Report
Section 2 – Construction Methodology, Equipment, and
Conceptual Designs 17
Community Hall Conceptual Design
Design Overview produced by Taylor Bohlen
© 2024 Aurora Solar 1 / 2 October 10, 2024
Community Hall Rooftop Cupertino - Civic Center, 10300 TORRE AVE
Desig n Communit y H all Rooft op
DC Nameplat e 49.3 kW
AC Nameplat e 50.0 kW (0.99 DC/AC)
L ast Modi ed Tay lor Bohlen (09/24/2024)
Design
Project Location
Component Na me Count
I nv ert ers S6-GC50K-US (Solis)1 (50.0 kW)
St rings 10 AWG (Copper)5 (372.1 ft )
M odule H eliene I nc, 156H C-580 M 10 SL Bifacial (580W)85 (49.3 kW)
Components
D escr i pti on Ra cki ng Or i enta ti on Ti l t A zi muth
Intr a r ow
Spa ci ng
Fr a me
Si ze
Fr a mes Modul es Pow er
F ield Segment
6
F lush
M ount
Port rait
(Vert ical)
15° 90°0.0 ft 1x1 34 34
19.7
kW
F ield Segment
7
F lush
M ount
Port rait
(Vert ical)
15° 270°0.0 ft 1x1 40 40
23.2
kW
F ield Segment
8
F lush
M ount
Port rait
(Vert ical)
15° 180.02425° 0.0 ft 1x1 11 11
6.38
kW
Field Segments
D escr i pti on Combi ner Pol es Str i ng Si ze Str i ngi ng Str a tegy
Wiring Zone --Along Racking
Wiring Zone 2 --Along Racking
Wiring Zone 3 -4-17 Along Racking
Wiring Zone 4 --Along Racking
Wiring Z ones
Design Overview produced by Taylor Bohlen
© 2024 Aurora Solar 2 / 2 October 10, 2024
Detailed Lay out
Point of Interconnection
Rooftop PV Array
(85 Modules)
Solis S5-GC60K-LV-US (DERATED)
50 kW, 138.8 A, 208 VAC
COM To DAS
Inverter #1
49.3 kWstc
PV Modules
(85) Heliene 156HC-580 M10 SL Bifacial
46.478 kWptc
Main Switchgear
To Utility Grid
1200 A
120/208 VAC, 1200 A
175 A
AC Disconnect
208 VAC (Nominal), 200 A (Min.)
Cutler-Hammer DH324NRK
Utility Meter
Meter #1009538478
DAS System
COM
COM
COM
To Inverter #1 CT
To Irradiance Sensor
To Module Temp Sensor
(43) TIGO TS4-A-2F Optimizers
Project Location:
Project Details:
City of Cupertino - Community Hall Contractor:
Revision History:
Engineering Approval:
10350 Torre Avenue
Cupertino, CA 95014
AHJ: Cupertino, City of
49.3 kWstc, 50 kWAC
45.59 kW CEC-AC
Utility: PG&E
Rev #Date Description
1 3/3/2023 Original
215 Fourier Avenue
Fremont, CA, 94539
Suite 140
2 8/9/2024 DAS
3 8/28/2024 Equipment
4 9/4/2024 Equipment
5 10/10/2024 System Size
6 10/16/2024 Project Name
7 11/6/2024 Equipment
8 12/9/2024 Alternate
City of Cupertino
Programming, Cost, and Funding Report
Section 2 – Construction Methodology, Equipment, and
Conceptual Designs 21
Quinlan Community Center
Conceptual Design
Quinlan Community Center (add alt option 2) Cupertino - Quinlan + Senior +
Sports Centers, 10185 N STELLING RD cupertino
Design
Quinlan Community Center (add alt
option 2)
DC
Nameplate
312.6 kW
AC
Nameplate
260.0 kW (1.20 DC/AC)
Last Modied Taylor Bohlen (Today at 12:02 AM)
Design
Project Location
Component Name Count
Inverters S5-GC80K-US (Solis)2 (160.0 kW)
Inverters S5-GC100K-US (Solis)1 (100.0 kW)
AC Home Runs 2/0 AWG (Aluminum)2 (2,704.7 ft)
AC Home Runs 3/0 AWG (Aluminum)1 (2,236.6 ft)
Strings 10 AWG (Copper)34 (3,500.1 ft)
Module Heliene Inc, 156HC-580 M10 SL Bifacial (580W)539 (312.6 kW)
Components
Description Racking Orientation Tilt Azimuth
Intrarow
Spacing
Frame
Size
Frames Modules Power
Field Segment 1 Carport
Portrait
(Vertical)
7° 180°1.6 ft 5x67 1 335
194.3
kW
Field Segment 1
(copy 1)
Carport
Portrait
(Vertical)
5° 90°1.6 ft 6x34 1 204
118.3
kW
Field Segments
Description Combiner Poles String Size Stringing Strategy
Wiring Zone -5-17 Along Racking
Wiring Zone 2 --Along Racking
Wiring Zone 3 --Along Racking
Wiring Zone 4 -5-17 Along Racking
Wiring Zones
Design Overview produced by Taylor Bohlen
© 2025 Aurora Solar 1 / 2 January 23, 2025
Detailed Layout2
Design Overview produced by Taylor Bohlen
© 2025 Aurora Solar 2 / 2 January 23, 2025
Carport Array #1
(204 Modules)
Carport Array #2
(335 Modules)
Interconnection Point
Main Switchgear
To Utility Grid
800 A
277/480 VAC, 800 A
400 A
AC Disconnect
480 VAC (Nominal), 400 A (Min.)
Cutler-Hammer DH365NRK
Utility Meter
Meter #1009512069
DAS System
COM
COM
COM
COM
To Inverter #1
To Inverter #3
AC Combiner Panel
480 VAC (Nominal), 400 A (Min.)
Solis S5-GC80K-US
80 kW, 96.2 A, 480 VAC
COM To DAS
Inverter #2Carport #2 PV Modules
(335) Heliene 156HC-580 M10 SL Bifacial
Solis S5-GC100K-US
100 kW, 120.3 A, 480 VAC
COM To DAS
Inverter #1Carport #1 PV Modules
(204) Heliene 156HC-580 M10 SL Bifacial
125 A
Solis S5-GC80K-US
80 kW, 96.2 A, 480 VAC
COM To DAS
CT
To Module Temp Sensor
To Irradiance Sensor
125 A
175 A
Inverter #3
Project Location:
Project Details:
City of Cupertino - Quinlan Community Center Contractor:
Revision History:
Engineering Approval:
10185 N Stelling Rd
Cupertino, CA 95014
AHJ: Cupertino, City of
312.62 kWstc, 260 kWAC
289.6 kW CEC-AC
Utility: PG&E
Rev #Date Description
1 3/3/2023 Original
215 Fourier Avenue
Fremont, CA, 94539
Suite 140
2 8/28/2024 Equipment
3 9/4/2024 Equipment
4 12/10/2024 Size Reduction
5 12/19/2024 Add Alt
6 1/22/2025 System Size
City of Cupertino
Programming, Cost, and Funding Report
Section 2 – Construction Methodology, Equipment, and
Conceptual Designs 25
Sports Center Conceptual Design
Sports Center Carports Cupertino - Quinlan + Senior + Sports Centers, 10185 N STELLING
RD cupertino
Design Sports Center Carports
DC Nameplate 214.0 kW
AC Nameplate 172.0 kW (1.24 DC/AC)
Last Modied Taylor Bohlen (09/24/2024)
Design
Project Location
Component Name Count
Inverters S5-GC75K-US (Solis)1 (75.0 kW)
Inverters S6-GC25K-US (Solis)1 (25.0 kW)
Inverters S6-GC36K-US (Solis)2 (72.0 kW)
Strings 10 AWG (Copper)26 (1,628.9 ft)
Module Heliene Inc, 156HC-580 M10 SL Bifacial (580W)369 (214.0 kW)
Components
Description Racking Orientation Tilt Azimuth
Intrarow
Spacing
Frame
Size
Frames Modules Power
Field Segment 2
(copy)
Carport
Portrait
(Vertical)
7° 270°1.6 ft 6x27 1 162
94.0
kW
Field Segment 1
(copy)
Carport
Portrait
(Vertical)
7° 180°1.6 ft 3x17 1 51
29.6
kW
Field Segment 1
(copy 1)
Carport
Portrait
(Vertical)
7° 180°1.6 ft 3x52 1 156
90.5
kW
Field Segments
Description Combiner Poles String Size Stringing Strategy
Wiring Zone 2 -5-17 Along Racking
Wiring Zone 3 -4-17 Along Racking
Wiring Zone -4-17 Along Racking
Wiring Zones
Design Overview produced by Taylor Bohlen
© 2024 Aurora Solar 1 / 2 November 01, 2024
Detailed Layout
Design Overview produced by Taylor Bohlen
© 2024 Aurora Solar 2 / 2 November 01, 2024
Interconnection Point
Carport Array #1
(162 Modules)
Carport Array #3
(156 Modules)
Carport Array #2
(51 Modules)
480 VAC (Nominal), 400 A (Min.)
125 A
Solis S5-GC75K-US
75 kW, 90.2 A, 480 VAC
COM To DAS
Inverter #1Carport #1 PV Modules
(162) Heliene 156HC-580 M10 SL Bifacial
AC Combiner Panel
Main Switchgear
To Utility Grid
400 A
277/480 VAC, 400 A
300 A
AC Disconnect
480 VAC (Nominal), 400 A (Min.)
Cutler-Hammer DH365FGK
Utility Meter
Meter #1010260937
DAS System
COM
COM
COMTo Inverter #1
To Inverter #5
60 A
Solis S6-GC36K-US
36 kW, 47.6 A, 480 VAC
COM To DAS
Inverter #3
60 A
Solis S6-GC36K-US
36 kW, 47.6 A, 480 VAC
COM To DAS
Inverter #4
50 A
Solis S6-GC25K-US
25 kW, 33.1 A, 480 VAC
COM To DAS
Inverter #2
Carport #3 PV Modules
(156) Heliene 156HC-580 M10 SL Bifacial
Carport #2 PV Modules
(51) Heliene 156HC-580 M10 SL Bifacial
CT
COM To Module Temp Sensor
To Irradiance Sensor
Project Location:
Project Details:
City of Cupertino - Sports Center Contractor:
Revision History:
Engineering Approval:
21111 Stevens Creek Blvd
Cupertino, CA 95014
AHJ: Cupertino, City of
214.02 kWstc, 197 kWAC
198.57 kW CEC-AC
Utility: PG&E
Rev #Date Description
1 3/2/2023 Original
215 Fourier Avenue
Fremont, CA, 94539
Suite 140
2 8/9/2024 System Size
3 8/28/2024 Equipment
4 9/4/2024 Equipment
City of Cupertino
Programming, Cost, and Funding Report
Section 2 – Construction Methodology, Equipment, and
Conceptual Designs 29
2.3 Project Equipment Lists
The following is a description of the major materials utilized in the conceptual design for each of the
project locations. Note that this equipment is listed to depict the conceptual design intent, and alternative
equipment manufacturers and models may be utilized to meet the minimum requirements detailed in this
report.
Full Portfolio Equipment List
Cupertino Portfolio Equipment List
Item Manufacturer Model # / Size Quantity
Modules Heliene Inc 156HC-580 M10 SL Bifacial 993
Rapid Shutdown / Optimizers TIGO TS4-A -2F 43
Inverters Solis S5-GC100K-US 2
Inverters Solis S5-GC80K-US 2
Inverters Solis S5-GC75K-US 1
Inverters Solis S5-GC60K-LV-US 1
Inverters Solis S6-GC36K-US 2
Inverters Solis S6-GC25K-US 1
Panelboards TBD 480 VAC, 400A 2
Disconnects TBD 600 VAC, 400 A, Fused 2
Disconnects TBD 240 VAC, 200A, Unfused 1
DAS AlsoEnergy PLCS400 3
EV Chargers TBD 32A/Level 2 7
Community Hall Equipment List
Community Hall Equipment List
Item Manufacturer Model # / Size Quantity
Modules Heliene Inc 156HC-580 M10 SL Bifacial 85
Rapid Shutdown / Optimizers TIGO TS4-A -2F 43
Inverters Solis S5-GC60K-LV-US 1
Disconnects TBD 240 VAC, 200 A, Unfused 1
DAS AlsoEnergy PLCS400 1
City of Cupertino
Programming, Cost, and Funding Report
Section 2 – Construction Methodology, Equipment, and
Conceptual Designs 30
Quinlan Community Center Equipment List
Quinlan Community Center Equipment List
Item Manufacturer Model # / Size Quantity
Modules Heliene Inc 156HC-580 M10 SL Bifacial 539
Inverters Solis S5-GC100K-US 1
Inverters Solis S5-GC80K-US 2
Panelboards TBD 480 VAC, 400 A 1
Disconnects TBD 600 VAC, 400A, Fused 1
DAS AlsoEnergy PLCS400 1
EV Chargers TBD 32A/Level 2 3
Sports Center Equipment List
Sports Center Equipment List
Item Manufacturer Model # / Size Quantity
Modules Heliene Inc 156HC-580 M10 SL Bifacial 369
Inverters Solis S5-GC75K-US 1
Inverters Solis S6-GC36K-US 2
Inverters Solis S6-GC25K-US 1
Panelboards TBD 480 VAC, 400A 1
Disconnects TBD 600 VAC, 400A, Fused 1
DAS AlsoEnergy PLCS400 1
EV Chargers TBD 32A/Level 2 4
City of Cupertino
Programming, Cost, and Funding Report
Section 3 – Project Specifications and Technology
Evaluation 31
Section 3 – Project Specifications and
Technology Evaluation
3.1 Technical Specifications
General
● All power generation and transmission equipment must be UL listed for its designed use.
● Construction must comply with current adopted State Building Code, as amended by the
City of Cupertino, which encompasses:
o Most recently adopted California Building Code (CBC)
o Most recently adopted California Electric Code (CEC)
o Most recently adopted California Green Building Code
o Most recently adopted California Energy Code
o All other relevant local, state, and national codes
● There must be a minimum 1 -year warranty for all materials and workmanship.
● All labor utilized on the project must meet prevailing wage and apprenticeship
requirements in the Inflation Reduction Act required to receive the full direct pay credit.
Balance of System Equipment
● Each proposed PV system shall include, at a minimum, one Visible Blade
AC disconnect for safety and maintenance concerns. System must comply
with all Utility interconnection requirements.
● Rooftop PV systems must include rapid shutdown, as required by code.
● String combiner boxes (if applicable) must include properly sized fusing,
and all metal equipment and components must be bonded and
grounded as required by the C EC.
● All system wiring and conduit must comply with applicable local code and CEC
stipulations.
● Wall penetrations must be sealed in compliance with CEC and National
Fire Protection Association (NFPA) regulations.
● All wiring materials and methods must adhere to industry -standard best practices.
o The conductors in the circuit between the AC disconnect switch
and point of interconnection must be copper (CU).
o All conductors shall be provided in conduit appropriate for the
conditions in which they are to be located, except conductors
between PV modules.
o Wiring insulation types shall be appropriate for the conditions
in which they are located.
City of Cupertino
Programming, Cost, and Funding Report
Section 3 – Project Specifications and Technology
Evaluation 32
● Material requirements:
o Project must meet domestic content threshold for bonus ITC credit
under the Inflation Reduction Act.
o Fasteners and hardware throughout the systems shall be
stainless steel or material of equivalent corrosion resistance.
o Racking components and all structural members shall be
anodized aluminum, hot-dipped galvanized steel, or material of
equivalent corrosion resistance based on appropriate
environmental conditions.
o Unprotected steel not to be used in any components .
o All structural steel and iron must be 100% domestically
produced.
o Manufactured components must contain 45% (minimum)
domestic content across each project location . This domestic
content percentage must be 50% (minimum) if the project
begins in 2026.
o Modules utilized in the project must have a minimum of a 10 -
year material warranty and 25-year power output guarantee.
o Power output guarantee must include a maximum of 2% first-
year degradation and 0.5% annual degradation .
o Modules utilized in the project must be from a tier 1 module
manufacturer.
o Inverters utilized in the project mush have a minimum of a 10-
year warranty.
Interconnection
● System interconnection must comply with CEC and Utility
regulations and must be approved by the local Utility and the
Authority Having Jurisdictions (AHJs).
● Interconnection points will be at facility main switchgear locations,
per Single Line Diagrams
● Emergency back-up generation may exist on -site and must be factored
into proposed PV system electrical plans.
● All placards required by the AHJ, the Utility, and/or State Solar Initiative
program must be provided and installed according to SES and CEC
guidelines.
Monitoring and Reporting Systems
● Monitoring shall include revenue -grade metering of PV system
production, a pyranometer, and a module temperature sensor.
● Monitoring system shall include an online portal with a graphical user
interface for the city to be able to remotely access site production and
weather data.
City of Cupertino
Programming, Cost, and Funding Report
Section 3 – Project Specifications and Technology
Evaluation 33
● Respondent will be responsible for providing all required monitoring
communications and power wiring and conduit.
System Design and Permitting
● Construction plan set shall include (at a minimum):
o Site overview
o Detailed array layout with stringing configuration
o Mounting and racking details
o Details of electrical transmission showing conduit routing and
location of electrical enclosures, conduit support details, and
enclosure mounting details
o Electrical single-line diagram
o Electrical three -line diagram
o Monitoring plan
● All proposed system designs and construction techniques must be approved by the AHJ
● Wire loss in DC circuits to be < 1.5%.
● Wire loss in AC circuits to be < 3%.
● Minimum 30-year design life for structural members.
● Carports must have a minimum height of 10’.
● Where carport footprints encroach onto existing fire lanes, a minimum structure height of
13’-6” must be maintained.
EV Charging Requirements
● Carport projects located in parking lots must have EV chargers
and EV-ready spaces installed in accordance with CALGreen
Requirements, as amended by the Cupertino Municipal Code.
● EV charging stations must be fed by a dedicated subpanel, with
individual dedicated breakers for each charger.
Construction
● All electrical enclosures and equipment shall be installed to be
readily accessible to qualified personnel only.
● All visible conduits and electrical equipment shall be painted or
aesthetically dressed to match existing structures.
● Location of existing underground utilities must be marked by USA/Dig
Alert or equivalent private service prior to any underground work.
Contractor to utilize Ground Penetrating Radar to locate any private
utilities prior to drilling, boring, or trenching.
Commissioning
● Systems shall be commissioned in accordance with industry best
City of Cupertino
Programming, Cost, and Funding Report
Section 3 – Project Specifications and Technology
Evaluation 34
practices, and include (at a minimum):
o Insulation resistance testing
o I-V Curve testing
o 7-day performance (capacity) testing
● Commissioning shall be completed at the conclusion of the
construction phase of the project.
● A commissioning report shall be prepared (encompassing all testing
performed, including the above required testing at minimum.) For
review and acceptance by the city before final completion of the
project.
City of Cupertino
Programming, Cost, and Funding Report
Section 3 – Project Specifications and Technology
Evaluation 35
3.2 New Technology Evaluation
New technology options were evaluated as a part of this project, though no emerging technologies were
selected to be leveraged. One such technology that was investigated was building integrated, transparent
coatings for windows which generate solar energy; unfortunately, the sites which have been selected for
this project are not particularly well suited to this technology, as there are a limited number of windows at
these locations with ideal orientations and good solar access. Additionally, as this is an emerging
technology in the marketplace, there are risks inherent in being an early adopter. For a solar PV project,
which has an expected lifespan of 30 years, utilizing proven, bankable technologies to ensure that long
term value is captured from the syst ems in a predictable fashion is critical to ensure the ongoing viability
of the investment.
Each site was evaluated as a fit for this technology, though none were selected for the reasons specified
below:
Community Hall:
-No large glass building facades
-Significant shading from Library building would reduce solar production
Quinlan Community Center:
-Significant shading from nearby trees would significantly impact energy production
-Not enough available real estate on building facades to meet production needs
Sports Center:
-No large glass building facades
-Significant shading from nearby trees would significantly impact energy production
-Not enough available real estate on building facades to meet production needs
Thin-film solar modules were an alternative technology that was also considered for the project. The
benefits associated with these modules are that they are lower cost and lighter weight. While they do
provide excellent benefits, this module type tends to be less efficient and less durable than traditional
solar modules. With lower efficiency than traditional modules, more space is required to provide the same
electrical output when utilizing the thin -film module option. Due to the desire to maintain as ma ny trees
as possible in the project, the additional real estate necessary to utilize this type of module on the project
would have likely come at the expense of additional trees needing to be removed. Furthermore,
maximizing the system’s durability is a priority on the project to ensure that the system encounters as few
issues as possible during its projected 30 -year life cycle.
City of Cupertino
Programming, Cost, and Funding Report
Section 3 – Project Specifications and Technology
Evaluation 36
3.3 Energy Storage Evaluation
All three project locations were evaluated to determine the feasibility and efficacy of installing a battery to
provide site resilience and financial benefits for the city. Batteries can typically provide revenue in two
main ways. The first is by capturing low-cost energy at off-peak times and utilizing this energy to offset
higher-cost electrical usage during peak times (energy arbitrage.) The second is by discharging energy
during high-usage time periods on site to offset electrical demand charges (demand reduction .)
Under NEM2, the ability to generate cost savings through energy arbitrage is limited, as the re is little cost
differential between on -peak and off-peak energy. Under NEM3, a battery can capture excess energy
which would be exported to the utility grid for minimal value, and instead consume this energy on site
during high-cost periods. As the average differential between NEM3 exported energy and retail energy
prices is significantly larger than the difference in retail price between time periods, there is a vastly
expanded opportunity for the energy storage system to provide cost savings when compared with NEM2
through energy arbitrage . As the systems approach the end of the 20 -year NEM2 lock-in period, it is
recommended that the addition of a battery to these projects should be reevaluated.
Energy storage systems can also be utilized to mitigate electrical demand charges at a project location.
Demand charges are levied based on the maximum amount of electrical energy used within any 15 -
minute period throughout the billing cycle (typically a m onth.) The batteries can discharge energy during
these high-usage intervals, reducing the energy consumed in these windows to reduce the associated
demand charge. This benefit tends to complement solar PV systems, as the ability to target these high
usage periods is much greater with a controllable resource as opposed to one dependent on available
sunlight and weather condition s.
PV systems under NEM2 are particularly effective at offsetting energy charges, as excess energy produced
during any time period is credited to the customer at close to the retail rate of electricity, with the
difference in credited and retail value being equal to the non-bypassable charges associated with
consumed energy. This credited value can be used to offset the electrical energy charges accrued during
times of the day where the system is not producing energy (i.e. at night.) A solar PV system is much less
effective in offsetting demand charges when compared with energy charges. Because demand charges are
based on the highest -usage 15-minute interval within a billing period, which does not always occur in -line
with solar production, the system will not necessarily offset these charges. Even if the peak site usage
coincides with solar production, a new, lower peak will be recorded. The only ways to completely mitigate
demand charges are to not import any energy from the utility, or to reduce the demand to a level at
which the site becomes eligible for a utility rate schedule which does not include demand charges.
As the solar PV system in each location will be on NEM2, the additional financial benefit of a battery is
limited; however, there are two project locations (Quinlan Community Center and Sports Center,) where a
battery can be utilized to mitigate the site’s electrical demand to the point at which these sites will
become eligible for the B1 and B6 rate schedules, which do not include demand charges. For these rate
schedules, the marginal electrical costs are rolled into the energy portion of the bill which ca n be directly
offset by the PV system, allowing for much greater avoided costs from the system compared with a
standalone PV project on a rate schedule which includes demand charges .
City of Cupertino
Programming, Cost, and Funding Report
Section 3 – Project Specifications and Technology
Evaluation 37
For the remaining site, the project location is already eligible for an energy-only rate schedule (Civic
Center.) The current estimated benefit of cost avoidance utilizing batteries at this location is not sufficient
to offset the estimated costs of installing, maintaining, and operating the energy storage system, and
therefore is not recommended at this location.
The sites were also evaluated to determine how much energy storage would be needed to support
backup power for each location for a period of 1 and 2 days (in concert with the planned PV system at
each site.) The estimated battery size required for each of these outcomes is shown in the table below:
City of Cupertino Battery Evaluation Summary
Project Location Rate Change* 1 Day Backup 2 Days Backup
Civic Center N/A 300 kWh 575 kWh
Sports Center 225 kWh 650 kWh 1,150 kWh
Quinlan Community Center 200 kWh 500 kWh 800 kWh
*The addition of EV chargers for each of these projects may impact each site’s electrical demand. The power available for use at each
charger will need to be managed by a load -management system (in concert with the energy storage system) to ensure car char ging
doesn’t adversely impact the ability of the battery to provide the demand reduction necessary to facilitate a rate change.
This is a high-level evaluation of what would be needed to support full site backup for the listed
durations; there is also flexibility to design a microgrid system to support only critical electrical loads,
which would have a significant impact on the bac kup duration that could be provided from a battery of a
similar size. In order to design an ideal microgrid for each location, a detailed review of project goals and
requirements would need to be undertaken.
Of note, in order to accommodate full -facility backup operation of each of these project locations,
significant infrastructure upgrades will be necessary – while there are multiple options available to
facilitate this full-facility backup, significant reconfigurations and/or upgrades to the electrical capacity of
the sites’ switchgears would be necessary. These infrastructure upgrades can likely be mitigated if a
smaller scale, critical-load backup was desired in place of full-facility backup.
Infrastructure upgrades at the Sports Center and Quinlan Community Center would not be required to
utilize the needed size of energy storage system to provide the electrical demand reduction necessary for
a change in rate schedule. Upgrades would not be necessary at these locations for demand reduction
functionality, as the systems would not need to function during a power outage . As a result, the resources
could be connected on the utility’s side of the main breaker, allowing the systems to avoid si ze restrictions
in the CEC associated with connections on the customer’s side of the main breaker. Please note that this
analysis is based on the customer’s infrastructure – upgrades to utility infrastructure (transformer, service
conductors, etc.) may still be required for these options.
City of Cupertino
Programming, Cost, and Funding Report
Section 3 – Project Specifications and Technology
Evaluation 38
Appendix A – Equipment Cut Sheets
156HC M10 SL Bifacial Module
156 Half-Cut Monocrystalline 565W – 585W
Bifacial Technology Enabling Additional Energy
Harvest from Rear Side
Half-Cut Design with Split Junction Box Technology
2% First Year Degradation & 0.5% Annual Power Degradation
21%
Utilizes the latest M10 size super high efficiency
Monocrystalline PERC cells. Half cut design
further reduces cell to module (CTM) losses.
Hail Resistance
Framed Glass-backsheet construction is ideal
for Hail resistance upto 55mm.
Anti-Reflective
Premium solar glass with anti reflective coating
delivers more energy throughout the day
High Reliability
Proven resistance to PID and reliable in high
temperature and humidity environments.
No Compromise Guarantee
15 Year Product Warranty
25 Year Linear Performance Guarantee
World-class Quality
• Heliene’s fully automated manufacturing
facilities with state-of-the-art robotics
and computer aided inspection systems
ensure the highest level of product
quality and consistency
• All manufacturing locations are
compliant with international quality
standards and are ISO 9001 certified
• Heliene modules have received
Top Performer rankings in several
categories from PV Evolution Labs (PV
EL) independent quality evaluations
Bankable Reputation
• Established in 2010, Heliene is recognized
as highly bankable Tier 1 manufacturer of
solar modules and has been approved for
use by the U.S. Department of Defense,
U.S. Army Corps of Engineers and from
numerous top tier utility scale project debt
providers
• By investing heavily in research and
development, Heliene has been able to stay
on the cutting edge of advances in module
technology and manufacturing efficiency
Local Sales, Service, and Support
• With sales offices across the U.S.
and Canada, Heliene prides itself on
unsurpassed customer support for
our clients. Heliene has become the
brand of choice for many of the leading
residential installers, developers and
Independent Power Producers due
to our innovative technology, product
customization capability and just in
time last-mile logistics support
• Local sales and customer support
means answered phone calls and
immediate answers to your technical
and logistics questions. We understand
your project schedules often change
with little warning and endeavor to
work with you to solve your project
management challenges
156HC M10 SL Bifacial Module
Manufactured Using International Quality
System Standards: ISO9001
www.heliene.com
156HC M10 SL Bifacial Module
Dimensions for 156HC M10 SL Bifacial Series Modules
I-V Curves for 156HC M10 SL Bifacial Series Modules
The specifications and key features contained in this datasheet may deviate slightly from our actual products due to the ongoing
innovation and product enhancements. Heliene Inc. reserves the right to make necessary adjustment to the information described herein
at any time without prior notice. PV modules should be handled and installed only by qualified people. Please carefully read safety and
installation instructions available for download from Heliene website before using Heliene PV modules. For warranty details, please refer
to Product Warranty Document, also available for download from Heliene website.
Electrical Data (STC)
Peak Rated Power*Pmpp (W)585 580 575 570 565
Maximum Power Voltage Vmpp (V)45.85 45.64 45.44 45.23 45.02
Maximum Power Current Impp (A)12.77 12.70 12.64 12.58 12.52
Open Circuit Voltage*Voc (V)54.41 54.13 53.86 53.59 53.32
Short Circuit Current**Isc (A)13.50 13.48 13.46 13.44 13.42
Module Efficiency Eff (%)20.9 20.8 20.6 20.4 20.2
Maximum Series Fuse Rating MF (A)30 30 30 30 30
Power Sorting Range [- 0/+3%]
Bifaciality Factor***70 ± 5%
Mechanical Data
Solar Cells 156 Half Cut, M10, 182mm, PERC Cells
Module Construction Framed Glass–Backsheet
Dimensions (L x W x D)2464 x 1134 x 35 mm (97.01 x 44.65 x 1.38 inch)
Weight 31 kg (68.34 lbs)
Frame Double Webbed 15-Micron Anodized Aluminum Alloy
Glass 3.2mm Low-Iron Content, High-Transmission, PV Solar Glass with Anti
Reflective Coating
Junction Box IP-68 rated with 3 bypass diodes
Output Cables 4mm2 (12AWG), 0.3-meter Symmetrical Cables
Optional: 1.2-meter Symmetrical Cables upon request
Connectors Multi-Contact/ Stäubli MC4
HSPE_156HC_M10_SL_Bifacial_Rev.02.pdf
Temperature Ratings
Nominal Module Operating
Temperature (NMOT)+45°C (±2°C)
Temperature Coefficient of Pmax -0.34%/°C
Temperature Coefficient of Voc -0.25%/°C
Temperature Coefficient of Isc 0.05%/°C
Certifications
UL Certification UL61215, UL61730
Maximum Ratings
Operational Temperature -40°C to +85°C
Max System Voltage 1500V
Mech. Load Test (Front)113 psf / 5400 Pa
Mech. Load Test (Back)50 psf / 2400 Pa
Fire Type Type 1
Electrical Data (NMOT)
Maximum Power Pmpp (W)436 432 429 425 421
Maximum Power Voltage Vmpp (V)43.56 43.36 43.17 42.97 42.77
Maximum Power Current Impp (A)10.01 9.97 9.93 9.89 9.85
Open Circuit Voltage Voc (V)51.68 51.43 51.17 50.91 50.66
Short Circuit Current Isc (A)10.91 10.89 10.88 10.86 10.84
NMOT - Nominal Module Operating Temperature:
Irradiance at 800W/m2, Ambient Temperature 20ºC, Wind speed 1m/s
June 5th, 2024
546W
436W
328W
217W
106W
0
2
4
6
8
10
12
14
16
0 10 20 30 40 50 60
CU
R
R
E
N
T
[
A
]
VOLTAGE [V]
HELIENE INC. 156HC-585 M10 SL BIFACIAL
Incident Irrad. = 1000W/m2
Incident Irrad. = 800W/m2
Incident Irrad. = 600W/m2
Incident Irrad. = 400W/m2
Incident Irrad. = 200W/m2
At NMOT
Incident Irrad. = 1000W/m2
0
2
4
6
8
10
12
14
16
0 10 20 30 40 50 60
CU
R
R
E
N
T
[
A
]
VOLTAGE [V]
HELIENE INC. 156HC-585 M10 SL BIFACIAL
Cells temp = 10°C, Pmpp=614W
Cells temp = 25°C, Pmpp=585W
Cells temp = 40°C, Pmpp=556W
Cells temp = 55°C, Pmpp=526W
Cells temp = 70°C, Pmpp=494W
6 5 4 3 2 1
6 5 4 3 2 1
A
B
C
D
DESCRIPTIONREV.DATE
DOCUMENT TITLE:
DRAWN BY
REVIEWED BY
DATE
THIRD ANGLE
PROJECTION
TOLERANCES, UNLESS OTHERWISE SPECIFIED:
COPYRIGHT HELIENE:
THIS DOCUMENT AND DATA DISCLOSED HEREIN OR HEREWITH IS PROPRIETARY AND MAYNOT BE REPRODUCED, USED OR DISCLOSED IN WHOLE OR IN PART WITHOUT WRITTENPERMISSION FROM HELIENE.C
X ± 1
X.X ± 0.1
LINEAR:ANGULAR:X ± 1
X.X ± 0.1
UNIT:
MILIMETER(MM)
NAME
APPROVED BY
PART NUMBER:SHEETS:
Xinyan Bai
DRAWN
REVIEWER
APPROVER
Parth Bhatt
1/1
Krishna Bharatia 2022-10-19
2022-10-19
2022-10-19
156HC M10 SPEC SHEET
00 Initial Release 2022-05-07
35 x 2
4 - Ø7 x 10
Mounting Hole
8 - Ø9 x 14
Mounting Hole
4 - Ø4
Grounding Hole
1134
40
0
80
0
14
0
0
4 x Drainage Holes
5 x 5
8 x Drainage Holes
8 x 3
20
x
2
24
6
4
35
1085 x 6
35
35 35
20
A - A (1:10)B - B (1:10)
A A
B
B
53
2
83
2
10
3
2
Warranty
15 Year Product Warranty
25 Year Linear Power Guarantee
Packaging Configuration
Modules per Pallet 40’ Container:31 pieces
Modules per 40’ Container: 620 pieces
Modules per Pallet 53’ Trailer:28 pieces
Modules per 53’ trailer: 588 pieces
STC - Standard Test Conditions: Irradiation 1000 W/m2 - Air mass AM 1.5 - Cell temperature 25 ºC,
*Pmpp Production Tolerance ± 3%, *Voc Production Tolerance ± 3%, **Isc Production Tolerance ± 4%
***Bifaciality Factor= Pmpprear/Pmppfront where Pmpprear and Pmppfront are tested at STC
ussales@solisinverters.com 23.6.3
S6-GC(25-60)K-US
Solis Three Phase Grid-Tied Inverters
Models:
S6-GC25K-US / S6-GC33K-US
S6-GC36K-US / S6-GC40K-US
S6-GC50K-US / S6-GC60K-US
Ordering: S6-GC(25-60)K-US
• APST (APS MLRSD Transmitter)
• RSS (Tigo MLRSD Transmitter)
• NEPT (NEP MLRSD Transmitter)
英语
NEWNEW
Efficient
Smart
Safe
Economic
• Max. efficiency 98.8% (CEC efficiency 98.5%)
• String current up to 20A
• 3/4 MPPT design, supports multiple orientation
system design
• Night time PID recovery function, increases
overall system yield (optional)
• Wide voltage range and low startup voltage
• Equipped with external power control interface,
supporting zero output power control
• Intelligent string monitoring, smart I-V curve scan
• Supports RS485, Ethernet, WiFi, Cellular
• Scan to register on SolisCloud, supports remote
upgrade and control
• Type 4X, C5 Anti-Corrosion Level
• AFCI protection, proactively reduces fire risk
• Intelligent redundant fan-cooling
• Integrated module level rapid shutdown
transmitter
• High quality components from globally
recognized suppliers
• Integrated DC and AC disconnects
• > 1.5 DC/AC ratio
• Supports high power modules for lower
installation costs
• Separable AC wiring box
www.solisinverters.com
Input DC
Max. input voltage 1000 V
Rated voltage 720 V
Start-up voltage 180 V
MPPT voltage range 180-1000 V
Max. input current 3*40 A 4*40 A
Max. short circuit current 3*63 A 4*63 A
MPPT number/Max. input strings number 3/6 4/8
Output AC
Rated output power 25 kW 33 kW 36 kW 40 kW 50 kW 60 kW
Max. apparent output power 27.5 kVA 36.3 kVA 39.6 kVA 44 kVA 55 kVA 66 kVA
Max. output power 27.5 kW 36.3 kW 39.6 kW 44 kW 55 kW 66 kW
Rated grid voltage 3Ф/PE, 480 V
Rated grid frequency 60 Hz
Max. output current 33.1 A 43.7 A 47.6 A 52.9 A 66.2 A 79.4 A
Power factor >0.99 (0.8 leading - 0.8 lagging)
THDi <3%
Efficiency
Max. efficiency 98.8%
CEC efficiency 98.5%
Protection
DC reverse-polarity protection Yes
Short circuit protection Yes
Output over current protection Yes
Surge protection DC Type II / AC Type II
Grid monitoring Yes
Anti-islanding protection Yes
Temperature protection Yes
Strings monitoring Yes
I/V Curve scanning Yes
Integrated AFCI (DC arc-fault circuit protection)Yes
Integrated PID recovery Optional
Integrated DC switch Yes
Integrated AC switch Yes
General Data
Dimensions (W*H*D)30.9*21.6*12.6 in (784*549*320 mm)
Weight 96.3 lbs (43.7 kgs)105.4 lbs (47.8 kgs)108.7 lbs (49.3 kgs)110.5 lbs (50.1 kgs)
Topology Transformerless
Self-consumption (night)<1 W
Relative humidity 0-100%
Operating ambient temperature range -13°F to 140°F (-25°C to 60°C)
Ingress protection TYPE 4X
Cooling concept Natural convection
Max. operation altitude 13,120 ft (4000 m)
Compliance UL1741SB, UL1741SA, IEEE 1547-2018, UL1699B, UL1998, FCC Part15 ClassB, California Rule 21,
Heco Rule 14H, NEC 690.12-2020, CAN/CSA C22.2107.1-1
Features
DC connection MC4 connector
AC connection OT terminal (4 AWG to 3/0 AWG)
Display LCD
Communication Modbus RTU (Sunspec compliant), RS485, Optional: Cellular, Wi-Fi
DATASHEET S6-GC(25-60)K-US
Models 25K 33K 36K 40K 50K 60K
30上市
ussales@solisinverters.com
S5-GC60K-LV-US
Solis Three Phase Grid-Tied Inverters
Efficient
•8 MPPTs, max. efficiency 98.5%
(CEC efficiency 98.1%)
•> 1.5 DC/AC ratio
•String current up to 16A for higher
capacity modules
Safe
•Type 4X, C5 Anti-Corrosion Level
•UL 1741 SB
•External signal control function
•Integrated nighttime PID recovery for optimal module performance
•AFCI protection proactively reduces fire risk
•High quality components from globally recognized suppliers
Economic
•DC side supports "Y" connector•Reduce install cost with UL3741
approved inverter
Smart
•Intelligent string monitoring, smart I-V curve scan
•Remote firmware upgrade via SolisCloud
Model:
S5-GC60K-LV-US
(1) Requires the user to use Solis monitoring
Ordering: S5-GC60K-LV-US
•APST (APS MLRSD Transmitter)
•RSS (Tigo MLRSD Transmitter)
•NEPT (NEP MLRSD Transmitter)
360º View
DATASHEET S5-GC60K-LV-US
www.solisinverters.com
Models 60K
Input DC
Max. input voltage 1000 V
Rated voltage 600 V
Start-up voltage 195 V
Operating voltage range 180-1000 V
Full Load MPPT voltage range 400-650 V
Max. input current 8x32 A
Max. short circuit current 8x50 A
MPPT number/Max. input strings number 8/16
Output AC
Rated output power 60 kW
Max. apparent output power 60 kVA
Max. output power 60 kW
Rated grid voltage 3Ф/PE, 208 V
Rated grid frequency 60 Hz
Max. output current 166.5 A
Power Factor >0.99 (0.8 leading - 0.8 lagging)
THDi <3%
Efficiency
Max. efficiency 98.5%
CEC efficiency 98.1%
Protection
DC reverse-polarity protection Yes
Surge protection DC Type II / AC Type II
Ground fault monitoring Yes
Anti-islanding protection Yes
String monitoring Yes
I/V Curve scanning Yes
Rapid shutdown Yes
Integrated AFCI (DC arc-fault circuit protection) Yes
Integrated PID recovery Yes
AC/DC integrated switch Yes
General Data
Dimensions (W*H*D) 41.9*22.3*13.6 in (1065*567*344.5 mm)
Weight 200 lbs (91 kgs)
Topology Transformerless
Self-consumption (night) <2 W
Relative humidity 0-100%
Operating ambient temperature range -22°F to 140°F (-30°C to +60°C )
Storage environment -40°F to 176°F (-40°C to 80°C)
Ingress protection TYPE 4X
Cooling concept Intelligent redundant fan-cooling
Max. operation altitude 13,120 ft (4000 m)
Compliance UL1741SB, IEEE 1547-2018, UL1699B, UL1998, FCC Part15 ClassB, California Rule 21,
HECO Rule 14H, NEC 690.12-2020, CAN/CSA C22.2107.1-1
Features
DC connection MC4 connector
AC connection OT Terminal (max. 350 MCM)
Display LCD
Communication RS485, Ethernet, Optional: Wi-Fi, Cellular
Ordering guidelines: Determine the basic model and add your desired features from above.
Ex: S5-GC60K-LV-US-APST (Inverter with APS transmitter)
ussales@solisinverters.com
S5-GC(75-100)K-US
Solis Three Phase Grid-Tied Inverters
Models:
S5-GC75K-US / S5-GC80K-US
S5-GC90K-US / S5-GC100K-US
Efficient
Smart
Safe
• 8/9/10 MPPTs, max. efficiency 98.8%
(CEC efficiency 98.3%)
• > 1.5 DC/AC ratio
• String current up to 16A for higher
capacity modules
• Intelligent string monitoring, smart I-V curve scan
• Remote firmware upgrade with simple operation(1)
• Type 4X, C5 Anti-Corrosion Level
• UL 1741 SA and SB
• External signal control function
• Integrated nighttime PID recovery for optimal module performance
• AFCI protection, proactively reduces fire risk
• High quality components from globally recognized suppliers
Economic
• DC side supports "Y" connector
360º View
Ordering: S5-GC(75-100)K-US
• APST (APS MLRSD Transmitter)
• RSS (Tigo MLRSD Transmitter)
• NEPT (NEP MLRSD Transmitter)
(1) Requires the user to use Solis monitoring
www.solisinverters.com
DATASHEET S5-GC(75-100)K-US
Models 75K 80K 90K 100K
Ordering guidelines: Determine the basic model and add your desired features from above.
Ex: S5-GC75K-US-APST (Inverter with APS transmitter)
Input DC
Max. input voltage 1000 V
Rated voltage 600 V
Start-up voltage 195 V
MPPT voltage range 180-1000 V
Max. input current 8*32 A 9*32 A 10*32 A
Max. short circuit current 8*50 A 9*50 A 10*50 A
MPPT number/Max. input strings number 8/16 9/18 10/20
Output AC
Rated output power 75 kW 80 kW 90 kW 100 kW
Max. apparent output power 75 kVA 80 kVA 90 kVA 100 kVA
Max. output power 75 kW 80 kW 90 kW 100 kW
Rated grid voltage 3Ф/PE, 480 V
Rated grid frequency 60 Hz
Max. output current 90.2 A 96.2 A 108.3 A 120.3 A
Power Factor >0.99 (0.8 leading - 0.8 lagging)
THDi <3%
Efficiency
Max. efficiency 98.7%98.8%
CEC efficiency 98.3%98.2%
Protection
DC reverse-polarity protection Yes
Surge protection DC Type II / AC Type II
Ground fault monitoring Yes
Anti-islanding protection Yes
Strings monitoring Yes
I/V Curve scanning Yes
Rapid shutdown Yes
Integrated AFCI (DC arc-fault circuit protection)Yes
Integrated PID recovery Yes
AC switch Yes
General Data
Dimensions (W*H*D)41.9*22.3*13.6 in (1065*567*344.5 mm)
Weight 187 lbs (85 kgs)
Topology Transformerless
Self-consumption (night)<2 W
Relative humidity 0-100%
Operating ambient temperature range -22°F to 140°F (-30°C to +60°C )
Storage environment -40°F to 176°F (-40°C to 80°C)
Ingress protection TYPE 4X
Cooling concept Intelligent redundant fan-cooling
Max. operation altitude 13,120 ft (4000 m)
Compliance UL1741SB, UL1741SA, IEEE 1547-2018, UL1699B, UL1998, FCC Part15 ClassB, California Rule 21,
Heco Rule 14H, NEC 690.12-2020, CAN/CSA C22.2107.1-1
Features
DC connection MC4 connector
AC connection OT Terminal (max. 350 MCM)
Display LCD
Communication RS485, Ethernet, Optional: Wi-Fi, Cellular
sales@alsoenergy.comv22 ©AlsoEnergy, Inc / 5400 Airport Bvd. Ste. 100 Boulder, CO 80301 USA / 866.303.5668
PLCS 400: Power Light
Commercial Solution 400
AlsoEnergy’s vertically-integrated, edge-to-cloud platform includes a cost-effective standardized hardware
monitoring solution for light commercial PV systems. The PLCS 400 is designed for 3-phase systems with up
to 16 external inverters. Performance data is uploaded to the PowerTrack or LocusNOC applications, which
provide a suite of tools and analytics for asset managers. A successor for the Locus LGate 320, the PLCS
400 provides direct monitoring of inverters across all supported inverter technologies.
DATA SHEET
Product Qualifications
• PLCS 400 logs data during daylight hours only;
for demand metering applications the PL1000 is
recommended
• PLCS 400 has a fixed range of supported inverter models
for clients using LocusNOC software. The full list of
supported inverters is https://kb.alsoenergy.com/article.
php?id=1418
Standardized PLCS 400
system includes:
• DataLogger with LCD touchscreen display
• Energy meter with 3 solid core CTs
(revenue grade accuracy)
• Weather station with irradiance
sensor, mounting bracket, and module
temperature sensor
• 5 port Ethernet switch
• NEMA4 weatherproof enclosure
• Optional 4G cell modem (requires a
cellular plan)
Solution Features
• Up to 16 external inverters
• Modbus via RS-485 or TCP
connections to inverters
• Cellular or Ethernet connectivity
• Remote firmware updates
• 5-minute data granularity
• Uploads at 2 hour intervals
• Satisfies most US agency
reporting requirements
• For systems up to 325kW
utilizing 480V inverters (140kW
@ 208V)
• All parts covered with standard
AlsoEnergy 5-year warranty
(excluding irradiance sensor
and cell modem)
sales@alsoenergy.comv22 ©AlsoEnergy, Inc / 5400 Airport Bvd. Ste. 100 Boulder, CO 80301 USA / 866.303.5668
ASSEMBLY
Enclosure dimensions 15.7" x 15.7" x 7.9" (400mm x 400mm x 200mm)
Enclosure rating NEMA4
Operating temperature -13° to 158°F (-25° to 70°C), <95% relative humidity non-condensing
Power supply 120-277VAC
Ports Three available 10/100 Ethernet ports
DATALOGGER
Devices supported Up to 16 inverters – only inverters supported as external devices
Storage Removable 2GB industrial rated micro SD card
Serial RS-485 with integrated 120 ohm termination resistor
Primary protocols Modbus TCP, Modbus RTU, most proprietary inverter protocols
Touch screen Color, resistive touch screen 2" by 2.75"
Warranty Standard 5 year warranty
METER
Voltage inputs 90-600VAC
Accuracy Class 0.5S
CTs 3 solid core CTs with 1.25 inch opening; rated input up to 400 Amp
CT accuracy ±0.5% revenue grade accuracy
Regulatory UL listed 508A
Warranty Standard 5 year warranty
CELL MODEM
Cellular data LTE Cat M1
Warranty 1 year
IRRADIANCE SENSOR
Pyranometer type Silicon cell with mounting bracket
Absolute accuracy ±5%
Dimensions 1.12" H x 0.93" D (28.32mm x 23.5mm)
Wiring Includes 5 meters of twisted-pair, shielded wire with Santoprene jacket
Operating temperature -13° to 131°F (-25° to 55°C)
Warranty 1 year against defects in materials and workmanship
PANEL TEMPERATURE SENSOR
Form Thermal tab disk with 10 ft lead to an outdoor enclosure with a 4-20mA transmitter
Sensor type Platinum RTD 1K
Mounting Self-adhesive ring for attaching to a solar module
Operating temperature -40 to 185°F (-40 to 85°C)
Transmitter range Transmitter can be extended 1000 ft from enclosure with 18AWG cable
Warranty Standard 5 year warranty
Specifications: PLCS-400 / PLCS-400-CM
DATA SHEET
DOCUMENT 1.5
TABLE OF CONTENTS
PAGE
GENERAL
GENERAL NOTES
DRAFTING STANDARDS 0 - 7
1. STREETS
RESIDENTIAL STREET SECTIONS (CUL-DE-SACS) 1 - 1
RESIDENTIAL STREET SECTIONS 1 - 2
STANDARD STREET SECTIONS 1 - 4
STANDARD STREET SECTIONS 1 - 6
STANDARD STREET SECTIONS 1 - 8
SPECIAL HILLSIDE SECTIONS 1 - 10
RURAL AND SEMI-RURAL STREET SECTIONS 1 - 11
CUL-DE-SACS 1 - 12
STREET MONUMENT 1 - 14
CURB SECTION 1 - 16
VALLEY GUTTER 1 - 18
SIDEWALK DETAIL 1 - 19
DRIVEWAY – DETACHED SIDEWALK 1 - 20
DRIVEWAY – MONOLITHIC SIDEWALK 1 - 21
DRIVEWAY – MONOLITHIC SIDEWALK OPTION 2 1 - 21B
SIDEWALK CORNER TRANSITION 1 - 22
DOWEL CONNECTIONS 1 - 23
CURB RAMP DETAILS 1 - 24
CURB RAMP DETAIL 1 - 26
SIDEWALK TRANSITION 1 - 28
SIDEWALK TRANSITION AROUND EXISTING STREET 1 - 30
CIRCULAR DRIVEWAY DETAIL 1 - 32
TABLE OF CONTENTS
PAGE 2
PAGE
2. SIGNS, STRIPING, CHANNELIZATION
STREET BARRICADE 2 - 2
OBJECT MARKING DETAIL 2 - 3
ACCESS CONTROL ISLANDS 2 - 16
THROUGH MOVEMENT CONTROL ISLANDS 2 - 18
SIGN POSTS 2 - 20
STREET NAME SIGNS ON TRAFFIC SIGNAL POLES 2 - 21
STREET NAME SIGN MOUNTING ON SIGN POLE 2 - 22
PUBLIC SERVICE BANNER 2 - 24
LANE LINE MARKERS 2 - 26
BIKE LANE DETAILS 2 - 27
PARKING AND AISLES – ONE WAY 2 - 28
PARKING AND AISLES – TWO WAY 2 - 30
PARKING AND AISLES - INDUSTRIAL & DISABLED 2 – 32
3. STORM
DROP INLET - CURB OPENING 3 - 2
24” FLAT GRATE DROP INLET 3 - 4
FIELD INLET – SIDE OPENING 3 – 8
CONCENTRIC MANHOLE 3 - 10
ECCENTRIC MANHOLE - 8” - 33” PIPE 3 - 12
ECCENTRIC MANHOLE - 36” - 48” PIPE 3 - 14
ECCENTRIC MANHOLE - 51” PIPE AND LARGER 3 - 16
STANDARD CONNECTION TO MANHOLE WALL 3 - 18
STANDARD CONNECTION TO RCP - 48” & LARGER 3 - 20
TABLE OF CONTENTS
PAGE 3
PAGE
4. TRENCHES
TRENCH BACKFILL REQUIREMENTS 4 – 24
MICROTRENCHING – DETAIL AND SPECIFICATIONS 4 – 25
5. ELECTROLIERS & ELECTRICAL
ELECTROLIER & CONDUIT LOCATION W/SIDEWALK 5 - 2
ELECTROLIER & CONDUIT LOCATION W/O SIDEWALK 5 - 4
ELECTROLIER & CONDUIT LOCATION IN MEDIANS 5 - 6
35 FT. ELECTROLIER STANDARD 5 - 8
30 FT. ELECTROLIER STANDARD 5 - 10
ELECTROLIER FOUNDATION 5 - 12
TRADITIONAL FOUNDATION – MONTA VISTA 5 - 14
CONDUIT INSTALLATION FOR LOOP DETECTOR 5 - 16
TYPE ‘SA’ LOOP INSTALLATION 5 - 17
SPECIAL LOOP INSTALLATION 5 - 18
TYPE QC/CIRCULAR LOOP INSTALLATION 5 - 19
SERVICE DETAIL 5 - 20
LIGHTING NOTES 5 - 22
6. TREE PLANTING PUBLIC RIGHT-OF WAY
TREE PROTECTION NOTES 6 - 2
TREE TRUNK PROTECTION 6 - 3
TREE FENCING PROTECTION 6 - 4
TREE PLANTING IN PUBLIC RIGHT OF WAY 6 - 6
TREE PLANTING IN PUBLIC RIGHT OF WAY 6 - 8
TREE PLANTING W/ BUBBLE INSTALLATION 6 - 10
TABLE OF CONTENTS
PAGE 4
PAGE
7. SIGHT TRIANGLES
CONTROLLED INTERSECTION 7 - 2
UNCONTROLLED INTERSECTION 7 - 4
SIDEWALK CLEARANCE @ DRIVEWAY 7 - 6
8. SPECIAL
CONCRETE BLOCK RETAINING WALL 8 - 2
TIMBER RETAINING WALL 8 - 4
CLOSING OF BLOCK 8 - 6
TRAFFIC SIGNAL PHASING 8 - 8
TURF BLOCK 8 - 14
GRASSED WATERWAYS WITH JUTE MAT 8 - 16
STRAW ROLLS 8 - 18
DRIVEWAY DETAIL - DETACHED SIDEWALK
SECTION A - A
5/1/2020
5/1/2020
SECTION A - A
DRIVEWAY DETAIL - MONOLITHIC SIDEWALK OPTION 2
(For Residential Only)
5/1/2020
9/10/2020
8UB_LIC SERVICE BANNER •.Hanging cable and clips
2' Q.G.. _ A l City supplied
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@ f u u BANNE.R�\,,
DOUBLE� l.�--:..,.,..--,...,--•--. -----.-----�1
STITCHED &
DOUBLE WALLED
4" POCKET
GROMMET INNER DIAMETER MUST BE 5/8"
1" Min. Inset
3/8 NYLON CORD DETAIL
1-1/4" Max.
fC)1 ' . t:NYLCX'J CORD
�� ® --------------------------------------------------
Top of banner
Loop back Min 12"
�Bottom of
banner
SECTION. A � A ..
CITY OF CUPERTINO
STANDARD DETAILS APPROVED BY:
GENERAL NOTES
A. 1/2" diameter support cable with attachment clips (by City).
B. 5/8" interior diamete'r grommet >NO SUBSTITUTIONS<
2'- O" O.C. (17 ea.)
Q.Double thickness material; 20 oz.
D.Double walled reinforced 4" pocket double stitch with
# 12 dacron thread:
E.Reinforced grommet and cord pocket. Double stitch with #12 dacron thead
pocket sized to fit cord and grommets.
F.Minimum Letter size - 4" high. High Cqntrast coloring is suggested
with bold font.
G.
H.
Wind vents cut across banner -
(Minimum of 9, approx. 6" x 6", evenly spaced)
. 3/8" Nylon Cord, 34' length, Must be looped and sewn back min 12" on
each end. (see detail H above) Cordage must loop around end grommets
and secured with stitching
DATE: ----------CI TY ENGINEER
at each end
Secure 3/8" Nylon Cord
with cross stitching
Stitch ends from top
of banner to top of
4" pocket at bottom.
H
Stitch ends from top
of banner to top of
4" pocket at bottom.
5/6/2021 2-24
11/29/2022
5/27/2020
Note:
1- See Tree Protection Requirements (Detail 6-2)
for additional tree protection requirements.
2- If there is no existing irrigation, see Tree
Protection Requirements for watering requirements.
3- No pruning shall be performed except by
approved arborist.
4- Use of this detail in lieu of Detail 6-4 may only be
acceptable where installation of fencing will restrict
ingress and egress of public streets, sidewalks or
pathways that are to remain open. Approval by the
Director of Public Works, or his or her designee, is
required prior to use of this standard.
Wrap tree with 2x4
boards and wire against
trunk.
CITY OF CUPERTINO
STANDARD DETAIL Approved By_____________________________________ Date_________
City Engineer
6-35/27/2020
Tree Protection Area shall be 6 times the DBH of the tree
in all directions from the face of the trunk.
4'
-
0
"
Maintain existing
grade with the tree
protection fence
unless otherwise
approved by the
city.
2" x 6' steel posts
or approved equal
driven into the
ground.
Tree Protection
fence: 4' High,
clearly visible,
mounted on steel
posts installed at 8'
on center.
5" thick
layer of mulch.
Notes:
1- See Tree Protection Requirements
(Detail 6-2) for additional tree protection
requirements.
2- If there is no existing irrigation, see
Tree Protection Requirements for
watering requirements.
3- No pruning shall be performed except
by an approved arborist.
4- No equipment shall operate inside the
protective fencing including during fence
installation and removal.
5- Any modification must be approved by
the Director of Public Works.
KEEP OUT
TREE
PROTECTION
AREA
8.5" x 11"
sign
laminated in
plastic. A
minimum of one
sign for each
facing direction of
the fence.
City of Cupertino
Standard Detail Approved By__________________________________Date________
City Engineer
6-45/27/2020
Photovoltaic Systems Design and Installation Project SUBCONTRACTOR LIST
Project 2025-02 Page 1
Subcontractor List
For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half
of 1% of the Bidder’s total Base Bid,1 the bidder must list a description of the Work, the name of
the Subcontractor, its California contractor license number, the location of its place of business,
its DIR registration number, and the portion of the Work that the Subcontractor is performing
based on a percentage of the Base Bid price.
DESCRIPTION
OF WORK
SUBCONTRACTOR
NAME
CALIFORNIA
CONTRACTOR
LICENSE NO.
LOCATION OF
BUSINESS
DIR REG. NO. PERCENT
OF
WORK
Electrical
McMillan Electric C-10 268179 San Francisco 1000027060 46%
Structural
Teichert Solar A, C46, C10,
C31, B.
10 51985
Sacramento 1000390054 17%
Geotechnical
Quantum
Geotechnical, Inc.
N/A San Jose 1000050323 1%
END OF SUBCONTRACTOR LIST
1 For street or highway construction, this requirement applies to any subcontract of $10,000 or more.
DOCUMENT 1.7 - SUBCONTRACTOR LIST
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 11
General Conditions
Article 1 – Definitions
Definitions. The following definitions apply to all of the Contract Documents unless otherwise
indicated, e.g., additional definitions that apply solely to the Specifications or other technical
documents. Defined terms and titles of documents are capitalized in the Contract Documents,
with the exception of the following (in any tense or form): “day,” “furnish,” “including,” “install,”
“work day” or “working day.”
Allowance means a specific amount that must be included in DBE's Proposal for a specified
purpose (if applicable).
Architect of Record means the architect retained by DBE with authority to stamp the final
Construction Documents provided by DBE.
Article, as used in these General Conditions, means a numbered Article of the General
Conditions, unless otherwise indicated by the context.
Bridging Documents means the documents containing City’s design and construction criteria for
the Project as further detailed in Article 3, and as attached to or incorporated into the RFP,
including any City-approved modifications thereto.
Change Order means a written document duly approved and executed by City, which changes
the scope of Services or Work, the Contract Price, or the Contract Time.
City means the City of Cupertino, acting through its City Council, officers, employees, City
Engineer, and any other authorized representatives.
City Engineer means the City Engineer for City and his or her authorized delegee(s).
Claim means a separate demand by DBE for a change in the Contract Time or Contract Price,
that has previously been submitted to City in accordance with the requirements of the Contract
Documents, and which has been rejected by City, in whole or in part; a written demand by DBE
disputing a unilateral Change Order or a portion thereof; or a written demand by DBE objecting to
the amount of Final Payment.
Construction Documents means the final City-approved Design Documents for constructing the
Project.
Construction Manager means the designated representative(s) of the City, which are retained
under separate contract with the City to provide construction management services for the
Project, including but not limited to Construction Inspection Services.
Construction Phase means the period during which Work is performed to construct the Project,
beginning with City's issuance of a Notice to Proceed with Construction Services.
Construction Services means all of the Work required to construction the Project based on the
City-approved Design Documents, excluding the Design Services, but including all of the services
required to be provided or customarily provided by or under the direction of a licensed general
contractor.
Contract means the signed design-build contract between City and DBE and the Contract
Documents incorporated therein.
DOCUMENT 1.8 - GENERAL CONDITIONS
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 12
Contract Documents means, collectively, all of the documents listed in Section 1 of the
Contract.
Contract Price means the total compensation to be paid to DBE for performance of the Design
Services and the Construction Services as set forth in Section 3 of the Contract and as may be
amended by Change Order.
Contract Time means the time specified for completion of the Project, as set forth in Section 4 of
the Contract and as may be amended by Change Order.
Day means a calendar day unless otherwise specified.
Design-Build Entity (or DBE) means the corporation, limited liability company, partnership, joint-
venture, or other legal entity that provides appropriately licensed contracting, architectural, and
engineering services pursuant to the Contract and DBE’s Proposal.
Design-Build Team (or DB Team) means the DBE itself and the other individuals and entities
identified in DBE’s Proposal as members of its DB Team, including the general contractor and
required Subcontractors.
Design Development Documents means intermediate design documents based on the Bridging
Documents.
Design Documents means, collectively, the City-approved plans and specifications developed
for construction of the Project based on the Bridging Documents, including Design Development
Documents, and Construction Documents.
Design Phase means the period during which the Design Services are provided, which begins
upon the City's issuance of a Notice to Proceed with Design Services and concludes upon City
approval of the final Construction Documents.
Design Professional means any architect, including the Architect of Record, engineer,
landscape architect, or land surveyor licensed and in good standing under the applicable
provisions of the California Business and Professions Code, who is retained or employed by DBE
to provide Design Services for the Project, based on his or her licensed authority.
Design Services means all services necessary to design the Project in conformance with the
Bridging Documents, including development of the Design Documents and all services required
to be provided by or customarily provided under the direction of a licensed architect or other
Design Professional, including services provided by Design Professionals during the Design
Phase and Construction Phase and Pre-Construction Services, but excluding the Construction
Services.
DIR means the California Department of Industrial Relations.
Engineer means the City Engineer for the City of Cupertino and his or her authorized delegees.
Engineer of Record means the engineer retained by DBE with authority to stamp the final
Construction Documents provided by DBE.
Excusable Delay is defined in Section 5.3(B), Excusable Delay.
Final Completion means DBE has fully completed all of the Work required by the Contract
Documents, including all punch list items and commissioning, and has provided all required
submittals, including the instructions and manuals, and as-built drawings to City’s satisfaction.
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 13
Final Payment means City’s payment to DBE of the unpaid Contract Price, following City
acceptance of the Project, including release of undisputed retention, but excluding amounts
withheld pursuant to the Contract Documents, including liquidated damages, up to 125% of the
amount of any unreleased stop notice, amounts subject to setoff, and up to 150% of any amount
in dispute as authorized by Public Contract Code § 7107.
Furnish means to purchase and deliver for the Project.
Government Code Claim means a claim submitted pursuant to California Government Code §
900 et seq.
Hazardous Materials means any substance or material identified now or in the future as
hazardous under any Laws, or any other substance or material that may be considered
hazardous or otherwise subject to Laws governing handling, disposal, or cleanup.
Including, whether or not capitalized, means “including, but not limited to,” unless the context
requires otherwise.
Inspector means the individual(s) or firm(s) retained by City to inspect the workmanship,
materials, and manner of construction of the Project and its components to ensure compliance
with the Contract Documents and all Laws.
Install means to fix in place for materials, and to fix in place and connect for equipment.
Laws means all applicable local, state, and federal laws, regulations, rules, codes, ordinances,
permits, orders, and the like enacted or imposed by or under the auspices of any governmental
entity with jurisdiction over the Project or any portion of the Project.
Non-Excusable Delay is defined in Section 5.3(C), Non-Excusable Delay.
Pre-Construction Services mean those Services which are preliminary to commencement of the
Construction Services, including, but not limited to, investigation and preparatory work,
constructability assessment, cost estimating, value engineering, provision of schedules, and all
activities to ensure seamless transition of the Project through design to the start of construction,
such as timely execution of any and all communications, notifications, and meetings necessary to
convey information and respond to questions during this phase.
Project means the Cupertino Photovoltaic Systems Design and Installation Project.
Project Manager means the individual designated by City to oversee and manage the Project on
City’s behalf and may include his or her authorized delegee(s) when the Project Manager is
unavailable. If no Project Manager has been designated for this Project, any reference to Project
Manager is deemed to refer to the Engineer.
Proposal means the Proposal dated December 23, 2024, submitted by DBE in response to City’s
Request for Proposals.
Recoverable Costs is defined in Section 5.3(G), Recoverable Costs.
Request for Proposals (or RFP) means the request for proposals issued by City on November
15, 2024, soliciting proposals for design-build delivery of this Project, and includes any addenda
thereto.
Section when used in these General Conditions, means a numbered Section of the General
Conditions, unless otherwise indicated by the context.
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 14
Services means, collectively, all of the Design Services and all of the Construction Services
which must be performed to completely design and construct the Project in accordance with the
Contract Documents, including labor, materials, supplies, and equipment.
Skilled and Trained Workforce has the same meaning as subdivision (d) of Public Contract
Code § 2601.
Specifications, whether or not capitalized, means the technical specifications in the City-
approved final Construction Documents for the Project, unless otherwise indicated by the context
(e.g., development of specifications for approval during the Design Phase).
Subcontractor means all licensed contractors, of any tier, retained by DBE or any member of the
DB Team to provide the Construction Services.
Subconsultant means any professional retained by DBE or a member of the DB Team to
provide Services other than Construction Services.
Work means all of the Services necessary for or incidental to completing the Project based on
the City-approved Construction Documents in conformance with the requirements of the Contract
Documents.
Work Day or Working Day, whether or not capitalized, means a weekday when the City is open
for business, and does not include holidays observed by the City or furlough days when City staff
is unavailable. If a holiday falls on a Saturday, the preceding Friday will be the holiday. If a
holiday falls on a Sunday, the following Monday will be the holiday. Holidays observed by the City
and furlough days are:
a. New Year’s Day, January 1;
b. Martin Luther King Jr.’s Birthday, third Monday in January;
c. Lunar New Year, date varies – January 29, 2025, and February 17, 2026;
d. Presidents’ Day, third Monday in February;
e. Cesar Chavez Day, March 31 or April 1 observed
f. Memorial Day, last Monday in May;
g. Juneteenth, June 19
h. Independence Day, July 4;
i. Labor Day, first Monday in September;
j. Veterans’ Day, November 11;
k. Thanksgiving Day, as designated by the President;
l. The Day following Thanksgiving Day;
m. Christmas Day, December 25;
n. City Closure, December 24, 26, 27,28,29,30 and 31: and each day appointed by the
Governor of California and formally recognized by the Santa Clara County Board of
Supervisors as a day of mourning, or special observance.
Worksite means the place or places where the Work is performed, which includes, but may
extend beyond the Project site, including separate locations for staging, storage or fabrication.
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 15
Article 2 – Roles and Responsibilities
2.1 Relationship with City. DBE accepts the relationship of trust and confidence established
between it and City under this Contract. DBE agrees to provide the Services necessary
for the complete design and construction of the Project and to use its best efforts to
complete the Project in the best and soundest way and in the most efficient and
economical manner consistent with the City’s objectives as expressed in the RFP and
Bridging Documents, and in compliance with Laws.
(A) Acting on Behalf of City Prohibited. Neither DBE, members of the DB Team,
nor any of their agents or employees may act on behalf of or in the name of City except
as authorized in writing by City.
(B) Conflicts of Interest. DBE must perform its obligations with integrity and avoid
conflicts of interest in violation of Laws, including conflicts of interest pertaining to any
person or entity that provided services to the City relating to the solicitation of design-
build services. (See Public Contract Code § 22162.)
(C) City Representatives.
(1) City Council. The City Council has final authority in all matters affecting
the Project, except to the extent it has delegated authority to the
Engineer.
(2) City Engineer. The City Engineer, acting within the authority conferred
by the City Council, is responsible for administration of the Project on
behalf of City, including authority to provide directions to the Design
Professional and to DBE to ensure proper and timely completion of the
Project. The City Engineer’s decisions are final and conclusive within the
scope of his or her authority, including interpretation of the Contract
Documents.
(3) Project Manager. The Project Manager assigned to the Project will be
the primary point of contact for the DBE and will serve as City’s
representative for daily administration of the Project on behalf of City,
assisted by the Construction Manager consultant. The Construction
Manager will be the DBE's primary point of contact for communication
and submittals. Unless otherwise specified, all communications and
submittals (in any form) should be directed to the Construction Manager
and copied to the Project Manager. City reserves the right to reassign or
replace the Project Manager or Construction Manager at any time or to
delegate his or her duties to additional City representatives without prior
notice to or consent of the DBE.
2.2 Scope of Services. DBE is responsible for procuring or providing all of the Services
necessary for the Project as specified in the Contract Documents, including all labor,
materials, equipment and incidentals necessary to timely complete the Project in strict
accordance with the Contract Documents and with minimal inconvenience or risk to the
public. DBE must exercise reasonable skill and judgment in the procurement and
provision of the Services, consistent with the applicable industry practices, Laws, and the
terms and conditions of the Contract Documents. Services include, but are not limited to,
design, construction, and coordination with all agencies and entities necessary to
complete the project as required to comply with the Pacific Gas and Electric (PG&E) Net
Energy Metering (NEM) 2.0 interconnection permit applications, and to ensure successful
completion of the project by the deadlines established by the NEM 2.0 requirements.
Work will also include preparation of the documentation and assistance necessary to
ensure the City's successful application for Inflation Reduction Act rebates.
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 16
2.3 Design Services. DBE must provide all architectural, engineering, and related
professional services necessary for the Project during both the Design Phase and the
Construction Phase, including design of the Project based on the Contract Documents,
which may include development or preparation of plans, sections, and elevations; criteria
and sizing of components; equipment sizes, capacities, and layouts; typical details;
materials selections; investigation of or measured drawings of existing conditions or
improvements; verification of the accuracy of any City-provided drawings (including the
Bridging Documents) or other information on existing conditions; surveys; site
evaluations; cost estimates; Pre-Construction Services; and preparation of models,
renderings, or mock-ups.
(A) Design Professionals. Architectural, landscape architectural, engineering, and
land surveying services must be provided by licensed, independent Design Professionals
employed by or retained by DBE or members of the DBE Team, or as permitted by Laws.
DBE may not engage the services of any Design Professional for this Project, including
but not limited to firms or individuals serving as Architect of Record or Engineer of
Record, or providing other Design Services, without obtaining City’s prior written
approval, which approval will not be unreasonably withheld. City’s approval will not be
deemed to create any contractual relationship between City and any such Design
Professional, except that City must be considered a third-party beneficiary of the Design
Professional’s services for the Project. City’s approval of the Construction Documents will
not operate to shift liability for errors and omissions from DBE to City. DBE is solely
responsible for any and all costs incurred due to errors and omissions in the Construction
Documents.
(1) Bridging Documents. All Design Services must be consistent with and guided
by the Bridging Documents.
(2) Ongoing Design Services. The Design Professional(s) must provide ongoing
Design Services as needed during the Construction Phase, including
interpretation and clarification of all drawings and specifications prepared by the
Design Professional(s), and preparation of documents for proper execution of the
Work, including Change Orders.
(B) Project Schedule. Within 10 days following the date of the City’s Notice to
Proceed with Design Services, DBE must prepare, and submit for City’s review and
approval, a preliminary Project Schedule showing the timing and sequencing of all
Services required to design and construct the Project. The preliminary Project Schedule
should include development and approval of Design Documents; DBE’s procurement of
permits and utility services; procurement of Subcontractors; submission and approval of
construction cost estimate updates; construction; Final Completion; submission of as-
builts; as well as any other milestones applicable to the Project as may be further
specified in the Notice to Proceed with Design Services.
(1) Schedule Updates. The Project Schedule must be updated for City’s review
and approval as further specified in the Contract Documents.
(2) Assumptions for City Review Times. The Project Schedule and all updates
should reflect the following assumptions for City review:
(a) Assume a minimum review period of one week following submittal of
100% Design Development Documents and 100% Construction
Documents pursuant to subsection (C), below, plus an additional week to
revise and resubmit if requested by City.
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 17
(b) Assume a minimum review period of one week following submittal of
any permit drawings, plus an additional week to revise and resubmit if
requested by City.
(c) Assume the following City Building Department plan check review
periods for all required permits (including trade permits): 21 calendar
days for initial plan check review, and 15 calendar days for each
subsequent review.
(d) The assumptions set forth above are provided solely for scheduling
purposes and do not bind the City to complete its review of any submittal
within the assumed time, and the assumed times do not account for
delays attributable to DBE's incomplete or non-compliant submittals.
(C) Design Documents. DBE must prepare, and submit for City’s review and
approval, Design Documents based on and consistent with the Bridging Documents. Any
deviation from or inconsistency from the Bridging Documents must be approved in writing
in advance by City. The Design Documents must also comply with City’s Standard
Details, to the extent applicable to the Project, as determined by the Engineer. The
Design Documents must be developed and submitted for City’s review and approval at
completion of each design phase as specified below. City’s approval of the Design
Documents at any phase, including final approval of the Construction Documents, does
not operate as a waiver of any deviations from the Bridging Documents that specifically
were not approved by City. City retains the right at all times to condition approval on
design modifications to ensure the Project is completed within budget and suited for its
intended purposes.
(1) Contents. The Construction Documents must set forth in detail the quality
levels of and the requirements for construction of the Project and must comply
with all applicable Laws in effect at the time of their preparation.
(2) Design Documents Development. When submitting the Design Documents to
City at each stage of development, DBE must identify in writing all material
changes and deviations from the Bridging Documents or previously approved
version of the Design Documents. Two printed sets and one reproducible set of
Design Documents must be provided to City at each submittal. Each submittal
and resubmittal must be accompanied by an updated version of the Project
Schedule required pursuant to Section 2.3(B), above, clearly indicating and
explaining any modifications from the prior schedule submission. DBE must
submit Design Documents to City for City’s review and approval as follows:
(a) Design Development Phase (100%). Within 5 weeks after City's after
issuance of the Notice to Proceed with Design Services, DBE must
submit Design Development Documents, including and incorporating all
City modifications, as applicable. The Design Development Documents
should include, at a minimum, more detailed site improvement plans,
plans, sections, elevations with full dimensions, details, and outline
material specifications. Following City review, DBE must incorporate any
modifications, additions or deletions required by City prior to the next
submission.
(b) Construction Document Phase (100%). Within 12 weeks after City's
approval or conditional approval of the Design Development Documents,
DBE must submit Construction Documents for approval by City. The
Construction Documents should include all pertinent details and
information for planning review, permitting, and construction of the
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 18
Project. Following City review and comment, DBE must incorporate any
modifications, additions or deletions required by City before resubmitting
the Construction Documents for final approval. DBE may not proceed
with any of the Construction Services until City has approved the
Construction Documents as final and issued the Notice to Proceed with
Construction Services, unless and to the extent that City provides written
authorization for DBE to commence specific portions of the Work, e.g.,
preliminary site work, prior to final approval.
(3) Substitutions. Any specification in the Bridging Documents or in the City-
approved final Construction Documents designating a material, product, thing or
service (collectively, an “item”) by specific brand or trade name, followed by the
words “or equal,” is intended only to indicate quality and type of item desired, and
DBE may request use of any equal item. A request for substitution of an item
specified in the Bridging Documents must be submitted to City for approval with
the Design Development Documents. All data substantiating the proposed
substitute as an equal item must be submitted with the written request for
substitution. DBE has the burden of proving the equality of the proposed
substitution. The City has sole discretion to determine whether a proposed
substitution is equal, and the determination is final.
(D) Ownership of Documents. No portion of the Contract Documents may be used
for any purpose other than construction of the Project, without prior written
consent from City. DBE is deemed to have conveyed the copyright in any Design
Documents (at any stage of development), Shop Drawings, as-builts, or other
documents (in paper or electronic form) developed by DBE for the Project, and
City will retain all rights to such works, including the right to possession.
(1) Ownership of Tangible Documents. City must receive ownership of all
documents, plans, drawings, specifications, electronic data and information
prepared, provided or procured by DBE, as part of the Design Services.
Electronic computer-aided design (CAD) files of all drawings and
specifications are required deliverables at 100% design development
and 100% construction document phases. If the project CAD files were
created in Revit or similar Building Information 3D modeling (BIM)
software, the deliverables at each phase shall include the Revit model as
well as CAD files exported from that model. If the project CAD files were
created in AutoCAD or similar 2D modeling software, the deliverables at
each phase shall include the CAD files with all X references bound (sic:
binding) to the files.
All CAD and BIM files delivered by the DBE shall adhere to the specified
project standards, including accurate geometry, consistent naming
conventions, proper layer organization, and appropriate levels of detail
(LOD), ensuring compatibility with project workflows and facilitating
seamless integration with other disciplines; any discrepancies or quality
issues shall be subject to review and correction by the City or designated
representative, with non-compliant files requiring revision until meeting
the defined quality standards.
(2) Use of Documents in Event of Termination. In the event of a termination of
this Contract, City will have the right to use, to reproduce, and to make derivative
works of the Design Documents (at any stage of development) to complete the
Project.
(3) City’s Use of Documents After Completion of Project. After completion of the
Project, City may reuse, reproduce or make derivative works from the
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 19
Construction Documents for the purposes of maintaining, renovating, remodeling
or expanding the Project at the Worksite.
(4) Right to Use. DBE will obtain from its Subcontractors and Subconsultants
rights and rights of use that correspond to the rights given by DBE to City in this
Contract and DBE must provide evidence that such rights have been secured.
(E) Subconsultants. DBE must provide duly qualified, licensed, and competent
Subconsultants, administration, staff, and skilled workforce necessary to perform and
timely complete the Design Services in accordance with the Contract Documents.
2.4 Construction Services. DBE must provide all Construction Services and Work
necessary for the Project, including hiring and coordination of all Subcontractors, close-
out services, and warranty work.
(A) General. DBE must provide all labor, materials, supplies, equipment, services,
and incidentals necessary to perform and timely complete the Work in strict accordance
with the Contract Documents, and in an economical and efficient manner in the best
interests of City, and with minimal inconvenience to the public.
(B) Responsibility for the Work and Risk of Loss. DBE is responsible for
supervising and directing all aspects of the Work to facilitate the efficient and timely
completion of the Work. DBE is solely responsible for and required to exercise full control
over the Work, including the construction means, methods, techniques, sequences,
procedures, safety precautions and programs, and coordination of all portions of the
Work with that of all other contractors and Subcontractors, except to the extent that the
Contract Documents provide other specific instructions. DBE’s responsibilities extend to
any plan, method or sequence suggested but not required by City or specified in the
Contract Documents. From the date of commencement of the Work until either the date
on which City formally accepts the Project or the effective date of termination of the
Contract, whichever is later, DBE bears all risks of injury or damage to the Work and the
materials and equipment delivered to any Worksite, by any cause including fire,
earthquake, wind, weather, vandalism, or theft, subject to the limitations of Laws,
including Public Contract Code § 7105.
(C) Construction Administration. DBE must provide sufficient and competent
Subcontractors, administration, staff, and Skilled and Trained Workforce necessary to
perform and timely complete the Construction Services in accordance with the Contract
Documents. Before starting the Work, DBE must designate in writing and provide
complete contact information, including telephone numbers and email address, for the
officer or employee in DBE’s organization who is to serve as DBE’s primary
representative for the Project, and who has authority to act on DBE’s behalf. A
Subcontractor may not serve as DBE’s primary representative.
(D) On-Site Superintendent. DBE must, at all times during performance of the
Construction Services, provide a qualified full-time superintendent acceptable to City, and
assistants, as necessary, who must be physically present at the Project site while any
aspect of the Work is being performed. The superintendent must have full authority to act
and communicate on behalf of DBE, and DBE will be bound by the superintendent’s
communications to City. City’s approval of the superintendent is required before the
Construction Phase commences. If, at any time, City is not satisfied with the
superintendent’s performance, City may request a qualified replacement of the
superintendent. Failure to comply may result in temporary suspension of the Work, at
DBE’s sole expense and with no extension of Contract Time, until an approved
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 20
superintendent is physically present to supervise the Work. DBE must provide written
notice to City, as soon as practicable, before replacing the superintendent.
(E) Standards. DBE must, at all times, ensure that the Work is performed in a good
workmanlike manner and in full compliance with the Contract Documents and all
applicable Laws and applicable manufacturer’s recommendations. DBE has a material
and ongoing obligation to provide true and complete information, to the best of its
knowledge, with respect to all records, documents, or communications pertaining to the
Project, including oral or written reports, statements, certifications, Change Order
requests, or Claims.
(F) Meetings. DBE, its project manager, superintendent, and any primary
Subcontractors and suppliers requested by City, must attend a Preconstruction
Conference before beginning Work on the Project, and will also be required to attend
regular progress meetings, as further specified below and as may be otherwise specified
in the Notice to Proceed with Construction Services. City will notify DBE in advance of the
date, time, place and required attendees for the Preconstruction Conference and
progress meetings and will provide and administer the agenda. DBE is responsible for
notifying its major Subcontractors and suppliers, and other required attendees, as
applicable, of the date, time and place for the Preconstruction Conference and progress
meetings; for providing them with the City’s agenda; and for requiring their attendance at
these meetings. If applicable, DBE may also be required to participate in coordination
meetings with other parties relating to other work being performed on or near the Project
site or in relation to the Project, including work or activities performed by City, other
contractors, or other utility owners.
(1) Preconstruction Conference. The Preconstruction Conference agenda items
may include schedules, personnel and vehicle permit procedures, use of the
premises, locations for staging area(s) and jobsite trailers, security,
housekeeping, submittal and RFI procedures, Project forms and procedures,
inspection and testing procedures, utility shutdown procedures, control and
reference point procedures, injury and illness prevention program, DBE’s
schedule of values, DBE’s schedule of submittals, and such other matters that
the City deems necessary to address before the Work begins.
(2) Progress Meetings. During the course of the Construction Phase, progress
meetings will be conducted on a weekly basis by the City and at DBE’s on-site
office, unless otherwise specified. Progress meeting agenda items may include
review of past meeting minutes, review of Work in progress since previous
progress meeting, schedule status and updates, status of submittals or change
orders, worker safety, and other such matters pertaining to the progress of the
Work.
(G) Construction Records. DBE will maintain up-to-date, thorough, legible, and
dated daily job reports, which document all significant activity on the Project for each day
that Work is performed on the Project. The daily report for each day must include the
number of workers at the Project site; primary Work activities; major deliveries; problems
encountered, including injuries, if any; weather and site conditions; and delays, if any.
DBE will take date and time-stamped photographs to document general progress of the
Project, including site conditions prior to construction activities, before and after
photographs at offset trench laterals, existing improvements and utilities, damage and
restoration. DBE will maintain copies of all subcontracts, Project-related correspondence
with Subcontractors, and records of meetings with Subcontractors. Upon request by the
City, DBE will permit review of and/or provide copies of any of these construction records.
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
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(H) Responsible Party. DBE is solely responsible to City for the acts or omissions of
any party or parties performing portions of the Work or providing equipment, materials or
services for or on behalf of DBE or its Subcontractors. Upon City’s written request, DBE
must promptly and permanently remove from the Project, at no cost to City, any
employee or Subcontractor or employee of a Subcontractor who the City Engineer has
determined to be incompetent, intemperate or disorderly, or who has failed or refused to
perform the Work as required under the Contract Documents.
(I) Correction of Defects. DBE must promptly correct, at DBE’s sole expense, any
Work that is deficient or defective in any way, including workmanship, materials, parts or
equipment. Workmanship, materials or equipment that do not conform to the
requirements under the Contract Documents, as determined by City, will be considered
defective and subject to rejection. DBE must also promptly correct, at DBE’s sole
expense, any Work performed beyond the lines and grades authorized or approved by
City, and any Extra Work performed without City’s prior written approval. If DBE fails to
correct or to take reasonable steps toward correcting defective Work within five days
following notice from City, or within the time specified in City’s notice to correct, City may
elect to have the defective Work corrected by its own forces or by a third party, in which
case the cost of correction will be deducted from the Contract Price. If City elects to
correct defective Work due to DBE’s failure or refusal to do so, City or its agents will have
the right to take possession of and use any equipment, supplies, or materials available at
the Project site or any Worksite on City property, in order to effectuate the correction, at
no extra cost to City. DBE’s warranty obligations under Section 11.2, Warranty, will not
be waived nor limited by City’s actions to correct defective Work under these
circumstances. Alternatively, City may elect to retain defective Work, and deduct the
difference in value, as determined by the Engineer, from payments otherwise due to
DBE. This paragraph applies to any defective Work performed by DBE during the one-
year warranty period under Section 11.2.
(J) DBE’s Records. DBE must maintain all of its records relating to the Project in
any form, including paper documents, photos, videos and electronic records. Project
records subject to this provision include, but are not limited to, daily reports, Project cost
records and records relating to preparation of DBE’s Proposal.
(1) DBE’s cost records must include all supporting documentation, including
original receipts, invoices, and payroll records, evidencing its direct costs to
perform the Work, including, but not limited to, costs for labor, materials and
equipment. Each cost record should include, at a minimum, a description of the
expenditure with references to the applicable requirements of the Contract
Documents, the amount actually paid, the date of payment, and whether the
expenditure is part of the original Contract Price, related to an executed Change
Order, or otherwise categorized by DBE as extra work. DBE’s failure to comply
with this provision as to any claimed cost operates as a waiver of any rights to
recover the claimed cost.
(2) DBE must continue to maintain its Project records in an organized manner for
a period of five years after City’s acceptance of the Project or following
termination, whichever occurs first. Subject to prior notice to DBE, City is entitled
to inspect or audit any of DBE’s Project records relating to the Project or to
investigate DBE’s plant or equipment during DBE’s normal business hours.
DBE’s records may also be subject to examination and audit by the California
State Auditor, pursuant to Government Code § 8546.7. The record-keeping
requirements set forth in this subsection 2.2(J) will survive expiration or
termination of the Contract.
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Project 2025-02 Page 22
(L) Copies of Contract Documents. DBE and its Subcontractors must keep
copies, at the Project site, of all Work-related documents, including the Contract,
permit(s), Construction Documents, Contract amendments, Change Orders, RFIs and
RFI responses, Shop Drawings, as-built drawings, schedules, daily reports, testing and
inspection reports or results, and any related written interpretations. These documents
must be available to City for reference at all times during construction of the Project.
2.5 Subcontractors.
(A) General. All Work which is not performed by DBE with its own forces will be
performed by its Subcontractors. Except for Subcontractors listed in the DBE’s Proposal,
DBE must award subcontracts with a value exceeding one half of one percent of the
Contract Price for Construction Services in compliance with Public Contract Code §
22166(b), including public notice. All Subcontractors bidding on contracts for the Work
must be afforded the protections contained in the Subletting and Subcontracting Fair
Practices Act (Public Contract Code § 4100 et seq.). DBE must provide each
Subcontractor with a complete set of the Construction Documents and any approved
modifications thereto. City reserves the right to approve or reject any and all
Subcontractors proposed to perform the Work.
(B) Contractual Obligations. DBE must require every Subcontractor to be bound to
the provisions of the Contract Documents as they apply to the Subcontractor’s portion(s)
of the Work, and to likewise bind their subcontractors or suppliers. DBE will provide that
the rights that each Subcontractor may have against any manufacturer or supplier for
breach of warranty or guarantee relating to items provided by the Subcontractor for the
Project, will be assigned to City. Nothing in these Contract Documents creates a
contractual relationship between a Subcontractor and City, but City is deemed to be a
third-party beneficiary of the contract between DBE and each Subcontractor.
(C) Termination. If the Contract is terminated, each Subcontractor’s agreement
must be assigned by DBE to City, subject to the prior rights of any surety, but only if and
to the extent that City accepts, in writing the assignment by written notification, and
assumes all rights and obligations of DBE pursuant to each such subcontract agreement.
(D) Substitution of Subcontractor. If DBE requests substitution of a listed
Subcontractor under Public Contract Code § 4107, DBE is solely responsible for all costs
City incurs in responding to the request, including legal fees and costs to conduct a
hearing, and DBE is also solely responsible for any resulting increase in subcontracting
costs.
2.6 Coordination of Work.
(A) Concurrent Work. City reserves the right to perform or to have performed other
work on or adjacent to the Project site while the Work is being performed. DBE is
responsible for coordinating its Work with other work being performed on or adjacent to
the Project site, and must avoid hindering, delaying, or interfering with the work of other
contractors and subcontractors. To the full extent permitted by law, DBE must hold
harmless and indemnify City against any and all claims arising from or related to DBE’s
avoidable, negligent, or willful hindrance of, delay to, or interference with the work of any
utility company or agency or another contractor or subcontractor.
(B) Defects. Before proceeding with any portion of the Work affected by the
construction or operations of others, DBE must give City prompt written notification of any
defects DBE discovers which will prevent the proper execution of the Work. Failure to
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Project 2025-02 Page 23
give notice of any such known defects will be deemed acknowledgement by DBE that the
work of others is not defective and will not prevent the proper execution of the Work.
2.7 Submittals.
Unless otherwise specified, DBE must submit to the City Engineer for review and
acceptance of all schedules, Shop Drawings, samples, product data and similar
submittals required by the Contract Documents, or upon request by the City Engineer.
Unless otherwise specified, all submittals, including Requests for Information, are subject
to the general provisions of this Section, as well as specific submittal requirements that
may be included in the Special Conditions or elsewhere in the Contract Documents.
Unless otherwise specified, all submittals should be transmitted electronically using
standard commercial software programs, including the Special Conditions or
Specifications. The City Engineer may require submission of a submittal schedule at or
before a pre-construction conference, as may be specified in the Notice to Proceed.
(A) General. DBE is responsible for ensuring that its submittals are complete,
legible, accurate and conform to the Contract Documents. Incomplete or illegible
submittals will be rejected and returned for resubmission. DBE must use the applicable
forms provided or specified for use by the City, including the Project Forms provided with
the Contract Documents, and forms provided by City at the Pre-Construction Conference.
(B) Time and Manner of Submission. DBE must ensure that its submittals are
prepared and delivered in a manner consistent with the current City-accepted schedule
for the Work and within the applicable time specified in the Contract Documents, or if no
time is specified, in such time and sequence so as not to delay the performance of the
Work or completion of the Project.
(C) Required Contents. Each submittal must include the Project name and contract
number, DBE’s name and address, the name and address of any Subcontractor or
supplier involved with the submittal, the date, and references to applicable Specification
section(s) and/or drawing and detail number(s).
(D) Required Corrections. If corrections are required, DBE must promptly make
and submit any required corrections as specified in full conformance with the
requirements of this Section, or other requirements that apply to that submittal. If a
submittal remains non-compliant after being re-submitted for a second time, City may
back-charge DBE for all further review time and additional administrative costs. For City
employees the hourly amount charged will be 2.5 times the employee’s direct hourly
payroll cost to the City. For consultants, the amount charged will be 1.25 times the
amount billed to the City for additional review and administrative time.
(E) Effect of Review and Acceptance. Review and acceptance of a submittal by
City will not relieve DBE from complying with the requirements of the Contract
Documents. DBE is responsible for any errors in any submittal, and review or acceptance
of a submittal by City is not an assumption of risk or liability by City.
(F) Enforcement. Any Work performed or any material furnished, installed,
fabricated or used without City’s prior acceptance of a required submittal is performed or
provided at DBE's risk, and DBE may be required to bear the costs incident thereto,
including the cost of removing and replacing such Work, repairs to other affected portions
of the Work or material, and the cost of additional time or services required of City,
including costs for the Project Manager or Inspector.
(G) Excessive RFIs. A Request for Information (RFI) will be considered excessive or
unnecessary if City determines that the explanation or response to the RFI is clearly and
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 24
unambiguously discernable from the Contract Documents. City’s costs to review and
respond to excessive or unnecessary RFIs may be deducted from payments otherwise
due to DBE, on the same basis as excessive submittal review, under subsection (D)
(Required Corrections).
(H) Construction Phase Substitutions. This provision governs any DBE request for
substitution during the Construction Phase with respect to any Specification in the City-
approved Construction Documents designating a material, product, or thing (collectively,
“item”) or service by specific brand or trade name, followed by the words “or equal.”
Unless otherwise stated in the Specifications, any reference to a specific brand or trade
name for an item that is used solely for the purpose of describing the type of item
desired, will be deemed to be followed by the words “or equal.” A substitution will only be
approved if it is a true “equal” item in every aspect of design, function, and quality, as
determined by City, including dimensions, weight, maintenance requirements, durability,
fit with other elements, and schedule impacts.
(1) A request for substitution of an item or service must be submitted in
writing to the Project Manager sufficiently in advance of the time needed to avoid
delay of the Work, factoring in adequate time for testing, re-testing, or
resubmittal. The request must be submitted on the City’s Substitution Request
Form.
(2) Any available data substantiating the proposed substitute as an equal
item or service must be submitted with the written request for substitution. DBE’s
failure to timely provide all necessary substantiation, including any required test
results as soon as they are available, is grounds for rejection of the proposed
substitution, without further review.
(3) DBE has the burden of proving the equality of the proposed substitution
at DBE’s sole cost, including testing using methods acceptable to City. City has
sole discretion to determine whether a proposed substitution is equal, and City’s
determination is final.
(4) If the proposed substitution is approved, DBE is solely responsible for
any additional costs or time associated with the substituted item or service. If the
proposed substitution is rejected, DBE must, without delay, install the item or use
the service as specified by City.
(5) City’s approval of a proposed substitution will not relieve DBE from any
of its obligations under the Contract Documents. In the event DBE makes an
unauthorized substitution, DBE will be solely responsible for all resulting cost
impacts, including the cost of removal and replacement and the impact to other
design elements.
2.8 Shop Drawings. When Shop Drawings are required by the Specifications or requested
by the Project Manager, they must be prepared according to best practices at DBE’s
expense. The Shop Drawings must be of a size and scale to clearly show all necessary
details. Unless otherwise specified by City, Shop Drawings must be provided to the
Project Manager for review and acceptance at least 30 days before the Work will be
performed. If City requires changes, the corrected Shop Drawings must be resubmitted to
the Project Manager for review within the time specified by the Project Manager. For all
Project components requiring Shop Drawings, DBE will not furnish materials or perform
any Work until the Shop Drawings for those components are accepted by City. DBE is
responsible for any errors or omissions in the Shop Drawings, shop fits and field
corrections, any deviations from the Contract Documents, and for the results obtained by
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 25
the use of Shop Drawings. Acceptance of Shop Drawings by City does not relieve DBE
DBE’s responsibility.
2.9 Access to Work. DBE must afford prompt and safe access to any Worksite by City and
its employees, agents, or consultants authorized by City; and upon request by City, DBE
must promptly arrange for City representatives to visit or inspect manufacturing sites or
fabrication facilities for items to be incorporated into the Work.
2.10 Personnel. DBE and its Subcontractors must employ only competent and skillful
personnel to perform the Services. DBE and its Subcontractor’s supervisors, security or
safety personnel, and employees who have unescorted access to the Project site must
possess proficiency in English sufficient to read, understand, receive, and implement oral
or written communications or instructions relating to their respective job functions,
including safety and security requirements. Upon written notification from the Engineer,
DBE and its Subcontractors must immediately discharge any personnel who are
incompetent, disorderly, disruptive, threatening, abusive, or profane, or otherwise refuse
or fail to comply with the requirements of the Contract Documents or Laws, including
Laws pertaining to health and safety. Any such discharged personnel may not be re-
employed or permitted on the Project in any capacity without City’s prior written consent.
Article 3 - Contract Documents
3.1 Order of Precedence. Information included in one Contract Document but not in another
will not be considered a conflict or inconsistency. In case of any conflict or inconsistency
among the Contract Documents, the order of precedence will follow the order in which
the Contract Documents are listed in Section 3.1.1, below, which are listed from highest
to lowest. Any conflict or inconsistency will be resolved to ensure construction of the
Project and ensure the City’s intended use of the Project.
(A) Change Orders; duly authorized and executed, if any;
(B) Addenda;
(C) Contract;
(D) Notice to Proceed with Design Services;
(E) Notice to Proceed with Construction Services;
(F) Special Conditions;
(G) General Conditions;
(H) Payment and Performance Bonds;
(I) List of Subcontractors;
(J) City-approved Bridging Documents;
(K) PG&E Interconnection Permit Applications for the three sites: Quinlan
Community Center, Cupertino Sports Center, Community Hall.
(L) Notice of Potential Award;
(M) Request for Proposals (RFP) and (3) Addenda;
(N) DBE’s RFP Proposal and attachments;
(O) Request for Qualifications (RFQ);
(P) DBE’s RFQ Proposal and attachments;
(Q) The City’s standard details and specifications, as applicable; and
(R) Any generic documents prepared by and on behalf of a third party, that
were not prepared specifically for this Project, such as the Caltrans
Standard Specifications or Caltrans Special Provisions.
3.2 Bridging Documents. The Bridging Documents are for general intent of the final Project
design and are not considered to be a complete working package. DBE is responsible to
hire and coordinate all associated Design Services, including architectural, structural,
mechanical, electrical, plumbing, civil engineering, geotechnical, and landscape
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 26
architecture for the structures and systems, whether shown or implied in the Bridging
Documents or required for a complete Project built to current governing codes.
3.3 Caltrans Standard Specifications. (Not used.)
3.4 For Reference Only. DBE is responsible for the careful review of any document, study,
or report provided by City or appended to the Contract Documents solely for informational
purposes and identified as “For Reference Only.” Nothing in any document, study, or
report so appended and identified is intended to supplement, alter, or void any provision
of the Contract Documents. DBE is advised that City or its representatives may be guided
by information or recommendations included in such reference documents, particularly
when making determinations as to the acceptability of proposed materials, methods, or
changes in the Work. DBE must promptly notify City of any perceived or actual conflict
between the Contract Documents and any document provided For Reference Only.
3.5 Current Versions. Unless otherwise specified by City, any reference to standard
specifications, technical specifications, or any City or state codes or regulations means
the latest specification, code or regulation in effect at the time the Contract is signed.
3.6 Conformed Copies. (Not used.)
Article 4 - Bonds, Indemnity, and Insurance
4.1 Payment and Performance Bonds. No later than ten days following the City’s final
approval of the Construction Documents, DBE must provide a payment bond and a
performance bond, each in the penal sum of at least 100% of the estimated price for the
Construction Services, using the bond forms included with the Contract Documents.
(A) Surety. Each bond must be issued and executed by a surety admitted in
California, and the surety must have a financial rating from A.M. Best Company of A-,
class 7 or better, or as otherwise acceptable to the City. If an issuing surety cancels the
bond or becomes insolvent, within seven days following written notice from City, DBE
must substitute a surety acceptable to City. If DBE fails to substitute an acceptable surety
within the specified time, City may, at its sole discretion, withhold payment from DBE until
the surety is replaced to City’s satisfaction, or terminate the Contract for default.
(B) Cost Estimate Updates. If at any time DBE’s updated construction cost estimate
exceeds the estimated price for the Construction Services in Section 3 of the Contract by
5%, DBE must replace the initial bonds with bonds based on 100% of the updated
estimated price for Construction Services using the bond forms included with the
Contract Documents.
4.2 Indemnity and Liability.
(A) DBE’s Indemnity Obligation. To the fullest extent permitted by law, DBE must
indemnify, defend, and hold harmless City, its Council, officers, officials, employees,
agents, volunteers and consultants (individually, an “Indemnitee,” and collectively the
“Indemnitees”) from and against any and all liability, loss, damage, claims, causes of
action, demands, charges, fines, costs and expenses (including, without limitation,
attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or
arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the
operations of DBE, its employees, Subcontractors, representatives, or agents, in
performing the Work or in failing to comply with any obligation of DBE under the Contract,
except such Liability caused by the active negligence, sole negligence, or willful
misconduct of an Indemnitee. This indemnity requirement applies to any Liability arising
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 27
from alleged defects in the content or manner of submission of DBE’s Proposal for the
Contract. DBE’s failure or refusal to timely accept a tender of defense pursuant to this
Contract will be deemed a material breach of the Contract. This indemnification obligation
is not limited in any way by any limitation on the amount or type of damages or
compensation payable to or for the DBE or its agents or employees under Workers’
Compensation laws, disability benefits laws, or other employee benefit laws. This
indemnification obligation is also not limited by any limitation on the amount or type of
damages available under any applicable insurance coverage and will survive the
expiration or any early termination of this Contract with respect to Liability arising during
the term of the Contract. DBE’s indemnity obligations under this Contract will survive the
expiration or any early termination of the Contract. This indemnity obligation does not
apply to any Design Professionals who are covered by subsection (B) below.
(B) Design Professional Indemnity Obligation. To the fullest extent permitted by
law, subject only to the limitations of Civil Code § 2782.8, the Design Professionals who
are members of the DBE or retained or employed by DBE to provide the Design Services
must indemnify, defend, and hold harmless City, its Council, officers, employees, agents,
volunteers and consultants (individually, an “Indemnitee,” and collectively “Indemnitees”)
from and against any and all liability, loss, damage, claims, causes of action, demands,
charges, fines, costs and expenses (including, without limitation, attorney fees, expert
witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively,
“Liability”) of every nature arising out of or in connection with the negligence,
recklessness, or willful misconduct of the Design Professionals, except such Liability
caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee.
This Design Professional indemnification obligation is not limited in any way by any
limitation on the amount or type of damages or compensation payable to or for the
Design Professionals or their agents or employees under Workers’ Compensation laws,
disability benefits laws, or other employee benefit laws. This Design Professional
indemnification is also not limited by any limitation on the amount or type of damages
available under any applicable insurance coverage and will survive the expiration or any
early termination of this Contract with respect to Liability arising during the term of the
Contract.
(C) Third Party Claims. City will timely notify DBE upon receipt of any third-party
claim relating to the Contract, as required by Public Contract Code § 9201.
(D) No Personal Liability. No member of the City Council or any individual officer,
employee or authorized agent of City will be personally liable for any liability arising under
this Contract.
4.3 Insurance. DBE will procure and maintain for the duration of the Project, and for five
years following the completion of the Project, insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the
performance of the Services hereunder by DBE, its agents, representatives, employees,
Subconsultants, or Subcontractors.
(A) Minimum Scope and Limit of Insurance. Coverage will be at least as broad as the
minimum limits set forth below. If DBE maintains broader coverage and/or higher limits
than the minimums shown below, City will be entitled to the broader coverage and/or
higher limits maintained by DBE. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage will be available to the City. City
reserves the right to modify these insurance requirements based on DBE’s prior
experience, insurer, coverage, and considering the nature of the risk involved in the
Services and other circumstances. DBE should discuss these requirements with its
insurer and the designated Public Works Agency representative.
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 28
(1) Commercial General Liability (CGL). Insurance Services Office (ISO) Form
CG 00 01 covering CGL on an “occurrence” basis, written on a comprehensive
general liability form, and must include coverage for liability arising from DBE’s or
Subcontractor’s acts or omissions, including DBE’s protected coverage, blanket
contractual, products and completed operations, with limits of at least $4,000,000
per occurrence, $12,000,000 general aggregate, and $4,000,000 products and
completed operations. The CGL policy must protect against any and all liability
for personal injury, death, property damage or destruction, and personal and
advertising injury.
(i) It shall be a requirement under this Contract that any available
insurance proceeds broader than or in excess of the specified minimum
insurance coverage requirements and/or limits will be made available to
the Additional Insured and will be (1) the minimum coverage/limits
specified in this Contract; or (2) the broader coverage and maximum limits
of coverage of any insurance policy, whichever is greater.
(ii) Additional Insured coverage under DBE's policy shall be “primary and
non-contributory,” will not seek contribution from City’s insurance/self-
insurance, and will be at least as broad as ISO CG 20 01 04 13.
(iii) The limits of insurance required may be satisfied by a combination of
primary and umbrella or excess insurance, provided each policy
complies with the requirements set forth in this Contract. Any umbrella or
excess insurance shall contain or be endorsed to contain a provision that
such coverage shall also apply on a primary and non-contributory basis
for the benefit of City before the City’s own insurance or self-insurance
shall be called upon to protect City as a named insured.
(2) Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if DBE
has no owned autos, then hired autos (Code 8) and non-owned autos (Code 9),
with limit no less than $2,000,000 per accident for bodily injury and property
damage.
(3) Workers’ Compensation Insurance and Employer’s Liability: The workers’
compensation and employer’s liability insurance policy must comply with the
requirements of the California Labor Code, providing coverage of at least
$1,000,000 each accident or disease or as otherwise required by the statute. If
DBE is self-insured, DBE must provide its Certificate of Permission to Self-
Insure, duly authorized by the DIR.
(4) Professional Liability. Professional liability with limits no less than $3,000,000
per occurrence or claim, and $3,000,000 aggregate.
(5) Builder’s Risk/Installation Floater. Course of Construction insurance utilizing
an “All Risk” (Special Perils) coverage form, with limits equal to the completed
value of the Project and no coinsurance penalty provisions.
(6) Pollution and/or Asbestos Legal Liability. DBEs’ Pollution Legal Liability
and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less
than $3,000,000 per occurrence or claim, and $3,000,000 policy aggregate.
(B) Self-Insured Retentions. Self-insured retentions must be declared to and
approved by City. At City’s option, either: (1) DBE will cause the insurer to reduce or
eliminate self-insured retentions as respects City, its officers, officials, employees, and
volunteers; or (2) DBE will provide a financial guarantee satisfactory to City guaranteeing
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 29
payment of losses and related investigations, claim administration, and defense
expenses. The policy language will provide, or be endorsed to provide, that the self-
insured retention may be satisfied by either the named insured or the City.
(C) Other Insurance Provisions. The insurance policies are to contain, or be
endorsed to contain, the following provisions:
(1) Additional Insured Status. The City of Cupertino, its City Council, officers,
officials, employees, agents, servants and volunteers are to be covered as
“Additional Insureds” on the CGL policy with respect to liability arising out of
the operations and/or services performed by or on behalf of the named
insured, including materials, parts, or equipment furnished, and the policy
must protect the Additional Insured against any and all liability for personal
injury, death or property damage or destruction arising directly or indirectly in
the performance of the Contract. Endorsement of CGL coverage must be at
least as broad as ISO Form CG 20 10 11 85 or if not available, through the
addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37
if a later edition is used or equivalent form(s) approved by the City.
(2) Primary Coverage. For any claims related to this Project, DBE’s insurance
coverage must be “primary and non-contributory” and at least as broad as ISO CG
20 01 04 13 with respect to City, its officers, officials, employees and volunteers,
and must not seek contribution from City’s insurance. If the limits of insurance are
satisfied in part by Umbrella/Excess Insurance, the Umbrella/Excess Insurance
must contain or be endorsed to contain a provision that such coverage will also
apply on a “primary and non-contributory” basis for the benefit of City.
(3) Notice of Cancellation. Each insurance policy required must provide that
coverage will not be canceled, except with notice to the City. Each certificate of
insurance must state that the coverage afforded by the policy is in force and will not
be reduced, cancelled or allowed to expire without at least 30 days advance
written notice to City, unless due to non-payment of premiums, in which case ten
days advance written notice must be provided to City. Such notice must be sent
to City via certified mail and addressed to the attention of the City Manager.
(4) Builder’s Risk. DBE may submit Builder’s Risk insurance in the form of
Course of Construction coverage, which shall name the City as a loss payee, as
its interest may appear. Policy limits must be per occurrence and for all-risk
coverage on a 100% completed value basis on the insurable portion of the Project,
with no coinsurance penalties, and for the benefit of City. If the Project does not
involve new or major reconstruction, City may elect in its sole discretion to accept
an Installation Floater policy instead of Builder’s Risk. For such projects, the
Property Installation Floater shall include improvement, remodel, modification,
alteration, conversion or adjustment to existing buildings, structures, processes,
machinery and equipment, and shall provide property damage coverage for any
building, structure, machinery or equipment damaged, impaired, broken, or
destroyed during the performance of the Work, including during transit,
installation, and testing at the City’s site.
(5) Waiver of Subrogation. Each required policy must include an endorsement
providing that the carrier agrees to waive any right of subrogation it may have
against City. DBE agrees to waive rights of subrogation which any insurer of DBE
may acquire from DBE by virtue of the payment of any loss. DBE agrees to
obtain any endorsement that may be necessary to affect this waiver of
subrogation. The Workers’ Compensation policy must be endorsed with a waiver
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 30
of subrogation in favor of the City for all work performed by the DBE, its
employees, agents and Subcontractors.
(6) Acceptability of Insurers. Insurance must be issued by insurers acceptable to
City and licensed to do business in the State of California, and each insurer must
have an A.M. Best’s financial strength rating of “A-” or better and a financial size
rating of “VII” or better.
(7) Verification of Coverage. DBE will furnish the City with original certificates and
amendatory endorsements, or copies of the applicable insurance language,
evidencing the coverage required by this Contract. All certificates and
endorsements are to be received by the City no later than five days following City
Council approval of the Contract. The City reserves the right to require complete,
certified copies of all required insurance policies, including endorsements,
required by these specifications, at any time.
(8) Subcontractors. DBE will require and verify that all subcontractors maintain
insurance meeting all the requirements stated herein, and DBE will ensure that
City is an additional insured on insurance required from subcontractors. For CGL
coverage subcontractors will provide coverage with a form at least as broad as
CG 20 38 04 13.
(9) Claims Made Policies. If any coverage required is written on a claims-made
coverage form:
(i) The retroactive date must be shown, and this date must be before the
execution date of the Contract or the beginning of the Services.
(ii) Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Services.
(iii) If coverage is canceled or non-renewed, and not replaced with
another claims-made policy form with a retroactive date prior to the
Effective Date of the Contract, or start of Services, the DBE must
purchase extended reporting period coverage for a minimum of five
years after completion of the Services.
(iv) A copy of the claims reporting requirements must be submitted to the
City for review.
(v) If the Services involve lead-based paint or asbestos
identification/remediation, the DBE’s Pollution Liability policy must not
contain lead-based paint or asbestos exclusions. If the Services involve
mold identification/remediation, the DBE’s Pollution Liability policy must
not contain a mold exclusion, and the definition of “pollution” must
include microbial matter, including mold.
Article 5 - Contract Time
5.1 Time is of the Essence. Time is of the essence in DBE’s performance and completion of
the Work, and DBE must diligently prosecute the Work and complete it within the
Contract Time.
(A) General. DBE must commence the Services on the date indicated in the Notice
to Proceed with Design Services and must fully perform the Services and complete the
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 31
Project in strict compliance with all requirements of the Contract Documents, and within
the Contract Time.
(B) Rate of Progress. DBE and its Subcontractors must, at all times, provide
workers, materials, and equipment sufficient to maintain the rate of progress necessary to
ensure full completion of the Work within the Contract Time. If City determines that DBE
is failing to prosecute the Work at a sufficient rate of progress, City may, in its sole
discretion, direct DBE to provide additional workers, materials, or equipment, or to work
additional hours or days without additional cost to City, in order to achieve a rate of
progress satisfactory to City. If DBE fails to comply with City’s directive in this regard, City
may, at DBE’s expense, separately contract for additional workers, materials, or
equipment or use City’s own forces to achieve the necessary rate of progress.
Alternatively, City may terminate the Contract based on DBE’s default.
5.2 Schedule Requirements. All schedules must be prepared using standard, commercial
scheduling software acceptable to the Engineer, and must provide schedules in
electronic and paper form as requested.
(A) Baseline (As-Planned) Schedule. Within ten calendar days following City’s
approval of the final Construction Documents, DBE must submit to City for review and
acceptance a baseline (as-planned) Project schedule using critical path methodology
showing in detail how DBE plans to perform and fully complete the Construction Services
within the Contract Time, including labor, equipment, materials, and fabricated items. The
baseline schedule for Construction Services must show the order of the major items of
Work and the dates of start and completion of each item, including when the materials
and equipment will be procured. The schedule must also include the work of all trades,
reflecting anticipated labor or crew hours and equipment loading for the construction
activities, and must be sufficiently comprehensive and detailed to enable progress to be
monitored on a day-by-day basis. For each activity, the baseline schedule must be dated,
provided in the format specified in the Contract Documents or as required by City, and
must include, at a minimum, a description of the activity, the start and completion dates of
the activity, and the duration of the activity.
(1) Specialized Materials Ordering. Within five calendar days following issuance
of the Notice to Proceed with Construction Services, DBE must order any
specialized material or equipment for the Work that is not readily available from
material suppliers. DBE must also retain documentation of the purchase orders
date(s).
(B) City’s Review of Schedules. City will review and may note exceptions to the
baseline schedule, and to the progress schedules submitted as required below, to assure
completion of the Work within the Contract Time. DBE is solely responsible for resolving
any exceptions noted in a schedule and, within seven days, must correct the schedule to
address the exceptions. City’s review or acceptance of DBE’s schedules will not operate
to waive or limit DBE’s duty to complete the Project within the Contract Time, nor to
waive or limit City’s right to assess liquidated damages for DBE’s unexcused failure to do
so.
(C) Progress Schedules. After City accepts the final baseline schedule with no
exceptions, DBE must submit an updated progress schedule and three-week look-ahead
schedule, in the format specified by City, for review and acceptance with each application
for a progress payment, or when otherwise specified by City, until completion of the
Work. The updated progress schedule must: show how the actual progress of the Work
as constructed to date compares to the baseline schedule; reflect any proposed changes
in the construction schedule or method of operations, including to achieve Project
milestones within the Contract Time; and identify any actual or potential impacts to the
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 32
critical path. DBE must also submit periodic reports to City of any changes in the
projected material or equipment delivery dates for the Project.
(1) Float. The progress schedule must show early and late completion dates for
each task. The number of days between those dates will be designated as the
“float.” Any float belongs to the Project and may be allocated by the Project
Manager to best serve timely completion of the Project.
(2) Failure to Submit Schedule. Reliable, up-to-date schedules are essential to
efficient and cost-effective administration of the Project and timely completion. If
DBE fails to submit a schedule within the time periods specified in this Section, or
submits a schedule to which City has noted exceptions that are not corrected,
City may withhold or deduct up to ten percent from payment(s) otherwise due to
DBE until the exceptions are resolved, the schedule is corrected and
resubmitted, and City has accepted the schedule. In addition, DBE’s failure to
comply with the schedule requirements in this Section 5.2 will be deemed a
material default and a waiver of any claims for Excusable Delay or loss of
productivity arising during any period when DBE is out of compliance, subject
only to the limits of Public Contract Code section 7102.
(D) Recovery Schedule. If City determines that the Work is more than one week
behind schedule, within seven days following written notice of such determination, DBE
must submit a recovery schedule, showing how DBE intends to perform and complete the
Work within the Contract Time, based on actual progress to date.
(E) Effect of Acceptance. DBE and its Subcontractors must perform the Work in
accordance with the most current City-accepted schedule unless otherwise directed by
City. City’s acceptance of a schedule does not operate to extend the time for completion
of the Work or any component of the Work, and will not affect City’s right to assess
liquidated damages for DBE’s unexcused delay in completing the Work within the
Contract Time.
(F) Posting. DBE must at all times prominently post a copy of the most current City-
accepted progress or recovery schedule in its on-site office.
(G) Reservation of Rights. City reserves the right to direct the sequence in which
the Work must be performed or to make changes in the sequence of the Work in order to
facilitate the performance of work by City or others, or to facilitate City’s use of its
property. The Contract Time or Contract Price may be adjusted to the extent such
changes in sequence actually increase or decrease DBE’s time or cost to perform the
Work.
(H) Authorized Working Days and Times. With respect to the Construction
Services performed at the Project site, DBE is limited to working Monday through Friday,
excluding holidays, during City’s normal business hours, except as provided in the
Special Conditions or as authorized in writing by City. City reserves the right to charge
DBE for additional costs incurred by City due to Work performed on days or during hours
not expressly authorized in the Contract Documents, including reimbursement of costs
incurred for inspection, testing, and construction management services.
5.3 Delay and Extensions of Contract Time.
(A) Notice of Delay. If DBE becomes aware of any actual or potential delay affecting
the critical path, DBE must promptly notify the City Engineer in writing, regardless of the
nature or cause of the delay, so that City has a reasonable opportunity to mitigate or
avoid the delay.
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 33
(B) Excusable Delay. The Contract Time may be extended if DBE encounters
“Excusable Delay,” which is an unavoidable delay in completing the Work within the
Contract Time due to causes completely beyond DBE’s control, and which DBE could not
have avoided or mitigated through reasonable care, planning, foresight, and/or diligence,
provided that DBE is otherwise fully performing its obligations under the Contract
Documents. Grounds for Excusable Delay may include fire, natural disasters including
earthquake or unusually severe weather, acts of terror or vandalism, epidemic,
unforeseeable adverse government actions, unforeseeable actions of third parties,
encountering unforeseeable hazardous materials, unforeseeable site conditions, or
suspension for convenience under Article 13. The Contract Time will not be extended
based on circumstances which will not unavoidably delay completing the Work within the
Contract Time based on critical path analysis.
(C) Non-Excusable Delay. Delay which DBE could have avoided or mitigated
through reasonable care, planning, foresight and/or diligence is “Non-Excusable Delay.”
DBE is not entitled to an extension of Contract Time or any compensation for Non-
Excusable Delay, or for Excusable Delay that is concurrent with Non-Excusable Delay.
Non-Excusable Delay includes delay caused by:
(1) weather conditions which are normal for the location of the Project, as
determined by reliable records, including monthly rainfall averages, for the
preceding ten years;
(2) DBE’s failure to order equipment and materials sufficiently in advance of the
time needed for completion of the Work within the Contract Time;
(3) DBE’s failure to provide adequate notification to utility companies or agencies
for connections or services necessary for completion of the Work within the
Contract Time;
(4) Foreseeable conditions which DBE could have ascertained from reasonably
diligent inspection of the Project site or review of the Contract Documents or
other information provided or available to DBE;
(5) DBE’s failure. refusal, or financial inability to perform the Work within the
Contract Time, including insufficient funds to pay its Subcontractors or suppliers;
(6) performance or non-performance by DBE’s Subcontractors or suppliers;
(7) the time required to respond to excessive RFIs (see Section 2.7(G));
(8) delayed submission of required submittals, or the time required for correction
and resubmission of defective submittals;
(9) time required for repair of, re-testing, or re-inspection of defective Work;
(10) enforcement of Laws by City, or outside agencies with jurisdiction over the
Work; or
(11) City’s exercise or enforcement of any of its rights or DBE’s duties pursuant
to the Contract Documents, including correction of defective Work, extra
inspections or testing due to non-compliance with Contract requirements, safety
compliance, environmental compliance, or rejection and return of defective or
deficient submittals.
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 34
(D) Compensable Delay. Pursuant to Public Contract Code § 7102, in addition to
entitlement to an extension of Contract Time, DBE is entitled to compensation for costs
incurred due to delay caused solely by City, when that delay is unreasonable under the
circumstances involved and not within the contemplation of the parties (“Compensable
Delay”). DBE is not entitled to an extension of Contract Time or recovery of costs for
Compensable Delay that is concurrent with Non-Excusable Delay. Delay due to Weather
Delay Days in excess of normal for a given month, as set forth in Section 5.3(C), is not
Compensable Delay, and will only entitle DBE to an extension of time commensurate with
the time lost due to such delay.
(E) Concurrent Delay. DBE is not entitled to an extension of Contract Time or
recovery of costs for any Compensable Delay that is concurrent with Non-Excusable
Delay.
(F) Weather Delay. A “Weather Delay Day” is a Working Day during which DBE and
its forces, including Subcontractors, are unable to perform more than 40% of the critical
path Work scheduled for that day due to adverse weather conditions which impair the
ability to safely or effectively perform the scheduled critical path Work that day. Adverse
weather conditions may include rain, saturated soil, and Project site cleanup required due
to adverse weather. Determination of what constitutes critical path Work scheduled for
that day will be based on the most current, City-approved schedule.
(1) Based on historic records for the Project location from the Western
Regional Climate Center, DBE’s schedule should assume the following number
of normal Weather Delay Days and precipitation for each month:
Month # Normal Weather Precipitation
Delay Days
January 6 2.86
February 6 2.66
March 6 2.29
April 3 1.20
May 1 0.44
June 0 0.10
July 0 0.02
August 0 0.07
September 1 0.19
October 2 0.76
November 4 1.51
December 5 2.43
Total 34 14.53
(2) DBE will be entitled to a non-compensable extension of the Contract
Time for each Weather Delay Day in excess of the normal Weather Delay Days
within a given month, as set forth in Section 5.3(F)(1) above, subject to the
following limitations:
a. DBE must fully comply with the applicable procedures in Article 5
and 6 of these General Conditions regarding requests to modify the
Contract Time.
b. Normal Weather Delay Days which do not occur during a given
month do not carry over to another month.
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 35
c. DBE will not be entitled to an extension of time for a Weather
Delay Day to the extent DBE is responsible for concurrent delay on that
day.
d. DBE must take reasonable steps to mitigate the consequences
of Weather Delay Days, including prudent workforce management and
protecting the Work, Project Site, materials, and equipment.
(G) Recoverable Costs. DBE is not entitled to compensation for Excusable Delay
unless it is Compensable Delay, as defined above. DBE is entitled to recover only the
actual, direct, reasonable, and substantiated costs (“Recoverable Costs”) for each
working day that the Compensable Delay prevents DBE from proceeding with more than
50% of the critical path Work scheduled for that day, based on the most recent progress
schedule accepted by City. Recoverable Costs will not include home office overhead or
lost profit.
(H) Request for Extension of Contract Time or Recoverable Costs. A request for
an extension of Contract Time or any associated Recoverable Costs must be submitted
in writing to City within 14 calendar days of the date the delay is first encountered, even if
the duration of the delay is not yet known at that time, or any entitlement to the Contract
Time extension or to the Recoverable Costs will be deemed waived. In addition to
complying with the requirements of this Article 5, the request must be submitted in
compliance with the Change Order request procedures in Article 6 below. Strict
compliance with these requirements is necessary to ensure that any delay or
consequences of delay may be mitigated as soon as possible, and to facilitate cost-
efficient administration of the Project and timely performance of the Work. Any request for
an extension of Contract Time or Recoverable Costs that does not strictly comply with all
of the requirements of Article 5 and Article 6 will be deemed waived.
(1) Required Contents. The request must include a detailed description of the
cause(s) of the delay, and must also describe the measures that DBE has taken
to mitigate the delay and/or its effects, including efforts to mitigate the cost
impact of the delay, such as by workforce management or by a change in
sequencing. If the delay is still ongoing at the time the request is submitted, the
request should also include DBE’s plan for continued mitigation of the delay or its
effects.
(2) Delay Days and Costs. The request must specify the number of days of
Excusable Delay claimed, or provide a realistic estimate if the duration of the
delay is not yet known. If DBE believes it is entitled to Recoverable Costs for
Compensable Delay, the request must specify the amount and basis for the
Recoverable Costs that are claimed, or provide a realistic estimate if the amount
is not yet known. Any estimate of delay duration or cost must be updated in
writing and submitted with all required supporting documentation as soon as the
actual time and cost is known. The maximum extension of Contract Time will be
the number of calendar days, if any, by which an Excusable Delay or a
Compensable Delay exceeds a concurrent Non-Excusable Delay. DBE is entitled
to an extension of Contract Time, or compensation for Recoverable Costs, only
if, and only to the extent that, such delay will unavoidably delay Final Completion.
(3) Supporting Documentation. The request must also include any and all
supporting documentation necessary to evidence the delay and its actual
impacts, including scheduling and cost impacts with a time impact analysis using
critical path methodology and demonstrating the unavoidable delay to Final
Completion. The time impact analysis must be submitted in a form or format
acceptable to City.
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 36
(4) Burden of Proof. DBE has the burden of proving that: (a) the delay was an
Excusable or Compensable Delay, as defined above; (b) DBE has made
reasonable efforts to mitigate the delay and its schedule and cost impacts; (c) the
delay will unavoidably result in delaying Final Completion; and (d) any
Recoverable Costs claimed by DBE were actually incurred and were reasonable
under the circumstances.
(5) Legal Compliance. Nothing in this provision is intended to require the waiver,
alteration, or limitation of the applicability of Public Contract Code § 7102.
(6) No Waiver. Any grant of an extension of Contract Time, or compensation for
Recoverable Costs due to Compensable Delay, will not operate as a waiver of
City’s right to assess liquidated damages for Non-Excusable Delay.
(7) Dispute Resolution. In the event of a dispute over entitlement to an extension
of Contract Time or compensation for Recoverable Costs, DBE may not stop
working pending resolution of the dispute, but must continue to comply with its
duty to diligently prosecute the performance and timely completion of the Work.
DBE’s sole recourse for an unresolved dispute based on City’s rejection of a
Change Order request for an extension of Contract Time or compensation for
Recoverable Costs is to comply with the dispute resolution provisions set forth in
Article 12 below.
5.4 Liquidated Damages. It is expressly understood that if Final Completion is not achieved
within the Contract Time, City will suffer damages from the delay that are difficult to
determine and accurately specify. Pursuant to Public Contract Code § 7203, if DBE fails
to achieve Final Completion within the Contract Time, City will charge DBE in the
amounts specified in the Contract for each day Final Completion is delayed beyond the
Contract Time, as liquidated damages and not as a penalty.
(A) Liquidated Damages. Liquidated damages will not be assessed for any
Excusable Delay, as set forth above.
(B) Milestones/Deadlines. Liquidated damages will also be separately assessed for
failure to meet milestones or deadlines specified elsewhere in the Contract Documents.
(C) Setoff. City is entitled to deduct the amount of liquidated damages assessed
against any payments otherwise due to DBE, including progress payments, Final
Payment, or unreleased retention. If there are insufficient Contract funds remaining to
cover the full amount of liquidated damages assessed, City is entitled to recover the
balance from DBE or its performance bond surety.
(D) Occupancy or Use. Occupancy or use of the Project in whole or in part prior to
Final Completion does not constitute City’s acceptance of Project and will not operate as
a waiver of City’s right to assess liquidated damages for DBE’s Non-Excusable Delay in
achieving Final Completion.
(E) No Limitation on Other Remedies. City’s right to liquidated damages under this
Section applies only to damages arising from DBE’s Non-Excusable Delay or failure to
complete the Work within the Contract Time. City retains its right to pursue all other
remedies under the Contract for other types of damage, including damage to property or
persons, costs or diminution in value from defective materials or workmanship, costs to
repair or complete the Work, or other liability caused by DBE.
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 37
Article 6 - Contract Modification
6.1 Contract Modification. Subject to the limited exception set forth in subsection (D) below,
any change in the Work or the Contract Documents, including the Contract Price or
Contract Time, will not be a valid and binding change to the Contract unless it is
formalized in a Change Order, including a “no-cost” Change Order or a unilateral Change
Order. Change in the Work pursuant to this Article 6 will not operate to release, limit, or
abridge DBE’s warranty obligations pursuant to Article 11 or any obligations of DBE’s
bond sureties.
(A) City-Directed Changes. City may direct changes in the scope or sequence of
Work or the requirements of the Contract Documents, without invalidating the Contract.
Such changes may include Extra Work as set forth in subsection (C) below, deletion or
modification of portions of the Work, or other modifications determined by City, acting in
its sole discretion, to be in City’s best interest. Pursuant to section 3.23.170 of the
Cupertino Municipal Code, City reserves the right to delete up to 25% of the Work. Any
change in the Work, whether directed by City or pursuant to DBE’s request for a Change
Order under Section 6.2 below, will not be a valid and binding change to the Contract
unless it is formalized in a Change Order, which may include commensurate changes in
the Contract Price or Contract Time as applicable. DBE must promptly comply with City-
directed changes in the Work in accordance with the original Contract Documents, even if
DBE and City have not yet reached agreement as to adjustments to the Contract Price or
Contract Time for the change in the Work or for the Extra Work. DBE is not entitled to
extra compensation for cost savings resulting from “value engineering” pursuant to Public
Contract Code section 7101 except to the extent authorized in advance by City in writing,
and subject to any applicable procedural requirements for submitting a proposal for value
engineering cost savings.
(B) Disputes. In the event of a dispute over entitlement to or the amount of a change
in Contract Time or a change in Contract Price related to a City-directed change in the
Work, DBE must perform the Work as directed and may not delay its Work or cease
Work pending resolution of the dispute, but must continue to comply with its duty to
diligently prosecute the performance and timely completion of the Work, including the
Work in dispute. Likewise, in the event that City and DBE dispute whether a portion or
portions of the Work are already required by the Contract Documents or constitute Extra
Work, or otherwise dispute the interpretation of any portion(s) of the Contract Documents,
DBE must perform the Work as directed and may not delay its Work or cease Work
pending resolution of the dispute, but must continue to comply with its duty to diligently
prosecute the performance and timely completion of the Work, including the Work in
dispute, as directed by City. If DBE refuses to perform the Work in dispute, City may,
acting in its sole discretion, elect to delete the Work from the Contract and reduce the
Contract Price accordingly, and self-perform the Work or direct that the Work be
performed by others. Alternatively, City may elect to terminate the Contract for
convenience or for cause. DBE’s sole recourse for an unresolved dispute related to
changes in the Work or performance of any Extra Work is to comply with the dispute
resolution provisions set forth in Article 12, below.
(C) Extra Work. City may direct DBE to perform Extra Work related to the Project.
DBE must promptly perform any Extra Work as directed or authorized by City in
accordance with the original Contract Documents, even if DBE and City have not yet
reached agreement on adjustments to the Contract Price or Contract Time for such Extra
Work. DBE must maintain detailed daily records that itemize the cost of each element of
Extra Work, and sufficiently distinguish the direct cost of the Extra Work from the cost of
other Work performed. For each day that DBE performs Extra Work, or Work that DBE
contends is Extra Work, DBE must submit no later than the following Working Day, a
daily report of the Extra Work performed that day and the related costs, together with
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 38
copies of certified payroll, invoices, and other documentation substantiating the costs
(“Extra Work Report”). The City Engineer will make any adjustments to DBE’s Extra Work
Report(s) based on the City Engineer’s records of the Work. When an Extra Work
Report(s) is agreed on and signed by both City and DBE, the Extra Work Report(s) will
become the basis for payment under a duly authorized and signed Change Order. Failure
to submit the required documentation by close of business on the next Working Day is
deemed a full and complete waiver for any change in the Contract Price or Contract Time
for any Extra Work performed that day.
(D) Minor Changes and RFIs. Minor field changes, including RFI replies from City,
that do not affect the Contract Price or Contract Time and that are approved by the City
Engineer acting within his or her scope of authority, do not require a Change Order. By
executing an RFI reply from City, DBE agrees that it will perform the Work as clarified
therein, with no change to the Contract Price or Contract Time.
(E) Remedy for Non-Compliance. DBE’s failure to promptly comply with a City-
directed change is deemed a material breach of the Contract, and in addition to all other
remedies available to it, City may, at its sole discretion, hire another contractor or use its
own forces to complete the disputed Work at DBE’s sole expense, and may deduct the
cost from the Contract Price.
6.2 DBE Change Order Requests. DBE must submit a request or proposal for a change in
the approved Construction Documents or a change in the Contract Price or Contract
Time, based on unforeseen circumstances or change in scope, as a written Change
Order request or proposal.
(A) Time for Submission. Any request for a change in the Contract Price or the
Contract Time must be submitted in writing to the Project Manager within ten calendar
days of the date that DBE first encounters the circumstances, information or conditions
giving rise to the Change Order request, even if the total amount of the requested change
in the Contract Price or impact on the Contract Time is not yet known at that time. If City
requests that DBE propose the terms of a Change Order, unless otherwise specified in
City’s request, DBE must provide the Project Manager with a written proposal for the
change in the Contract Price or Contract Time within five working days of receiving City’s
request, in a form satisfactory to the City Engineer.
(B) Required Contents. Any Change Order request or proposal submitted by DBE
must include a complete breakdown of actual or estimated costs and credits, and must
itemize labor, materials, equipment, taxes, insurance, subcontract amounts, and, if
applicable, Extra Work Reports. Any estimated cost must be updated in writing as soon
as the actual amount is known.
(C) Required Documentation. All claimed costs must be fully documented, and any
related request for an extension of time or delay-related costs must be included at that
time and in compliance with the requirements of Article 5 of the General Conditions.
(D) Required Form. DBE must use City’s form(s) for submitting all Change Order
requests or proposals, unless otherwise specified by City.
(E) Certification. All Change Order requests must be signed by DBE and must
include the following certification:
“The undersigned DBE certifies under penalty of perjury that its statements and
representations in this Change Order request are true and correct. DBE
warrants that this Change Order request is comprehensive and complete, and
agrees that any costs, expenses, or time extension request not included herein
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 39
will be deemed waived. DBE understands that submission of claims which have
no basis in fact or which DBE knows to be false may violate the False Claims
Act, as set forth in Government Code § 12650 et seq.”
6.3 Adjustments to Contract Price. The amount of any increase or decrease in the
Contract Price will be determined based on one of the following methods listed below, in
the order listed with unit pricing taking precedence over the other methods. Markup
applies only to City-authorized time and material Work and does not apply to any other
payments to DBE. For Work items or components that are deleted in their entirety, DBE
will only be entitled to compensation for those direct, actual, and documented costs
(including restocking fees), reasonably incurred before DBE was notified of the City’s
intent to delete the Work, with no markup for overhead, profit, or other indirect costs.
(A) Unit Pricing. Amounts previously provided by DBE in the form of unit prices,
either in the Proposal or in a schedule of values, will apply if such unit pricing has
previously been provided for the affected Work and accepted by City. No additional
markup for overhead or profit will be added to the calculation.
(B) Lump Sum. A mutually agreed upon lump sum for the affected Work with no
additional markup for overhead, profit, or other indirect costs.
(C) Time and Materials. On a time and materials basis, if and only to the extent
compensation on a time and materials basis is expressly authorized by City in advance of
DBE’s performance of the Work and subject to a not-to-exceed limit. Time and materials
compensation for increased costs or Extra Work (but not decreased costs or deleted
Work), will include allowed markup for overhead, profit, and other indirect costs, and
which may include a not-to-exceed limit, calculated as the total of the following sums the
cumulative total of which may not exceed the maximum markup rate of 15%:
(1) All direct labor costs provided by DBE or its general contractor, excluding
superintendence, plus 15% for overhead and profit;
(2) All direct material costs provided by DBE or its general contractor, including
sales tax, plus 15% for overhead and profit;
(3) All direct plant and equipment rental costs provided by DBE or its general
contractor, plus 15% for overhead and profit;
(4) All direct subcontract costs plus 10% markup for overhead and profit for Work
performed by Subcontractors; and
(5) Increased bond or insurance premium costs computed at 1.5% of total of the
previous four sums.
6.4 Unilateral Change Order. If the parties dispute the terms of a proposed Change Order,
including disputes over the amount of compensation or extension of time that DBE has
requested, the value of deleted or changed Work, or quantities used, City may elect to
issue a unilateral Change Order, directing performance of the Work, and authorizing a
change in the Contract Price or Contract Time for the amount of compensation or added
time that the City believes is merited. DBE’s sole recourse to dispute the terms of a
unilateral Change Order is to submit a timely Claim pursuant to Article 12, below.
6.5 Non-Compliance Deemed Waiver. DBE waives its entitlement to any increase in the
Contract Price or Contract Time if DBE fails to fully comply with the provisions of this
Article. DBE will not be paid for unauthorized extra work.
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 40
Article 7 - General Construction Provisions
7.1 Permits, Fees, Business License, and Taxes.
(A) Permits, Fees, and City Business License. DBE must obtain and pay for all
permits, fees, or licenses required to perform the Work, unless otherwise indicated in the
Contract Documents. DBE must cooperate with and provide notifications to government
agencies with jurisdiction over the Project, as may be required. DBE must provide City
with copies of all records of permits and permit applications, payments of required fees,
and any licenses, required for the Work. DBE, members of the DB Team, and
Subcontractor(s) must obtain a City Business License before beginning Work on the
Project, unless its sole business contract within the City is the sale of goods or services
to the City itself.
(B) Taxes. DBE must pay for all taxes on labor, material and equipment, except
Federal Excise Tax to the extent that City is exempt from Federal Excise Tax.
7.2 Temporary Facilities. DBE must provide, at DBE’s sole expense, any and all temporary
facilities, including onsite office, sanitary facilities, storage, scaffolds, barricades,
walkways, and any other temporary structure required to safely perform the Work along
with any utility services incidental thereto. The location of all temporary facilities must be
approved by the City prior to installation. Temporary facilities must be safe and adequate
for the intended use and installed and maintained in accordance with Laws and the
Contract Documents. DBE must fence and screen the Project site and, if applicable, any
separate Worksites, including the staging area, and its operation must minimize
inconvenience to neighboring properties. Additional provisions pertaining to temporary
facilities may be included in the Specifications or Special Conditions.
(A) Utilities. DBE must install and maintain the power, water, sewer and all other
utilities required for the Project site, including the piping, wiring, internet and wifi
connection, and any related equipment necessary to maintain the temporary facilities.
(B) Removal and Repair. DBE must promptly remove all such temporary facilities
when they are no longer needed or upon completion of the Work, whichever comes first.
DBE must promptly repair any damage to City’s property or to other property caused by
the installation, use, or removal of the temporary facilities, and must promptly restore the
property to its original or intended condition.
(C) Additional Requirements. Additional provisions pertaining to temporary facilities
may be included in the Bridging Documents or Special Conditions
7.3 Noninterference and Site-Management. DBE must avoid interfering with City’s use of
its property at or adjacent to the Project site, including use of roadways, entrances,
parking areas, walkways, and structures. DBE must also minimize disruption of access to
private property in the Project vicinity. DBE must coordinate with affected property
owners, tenants, and businesses, and maintain some vehicle and pedestrian access to
their residences or properties at all times. Temporary access ramps, fencing or other
measures must be provided as needed. Before blocking access to a private driveway or
parking lot, DBE must provide effective notice to the affected parties at least 2 working
days in advance of the pending closure and allow them to remove vehicles. Private
driveways, residences and parking lots must have access to a roadway during non-Work
hours.
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Project 2025-02 Page 41
(A) Offsite Acquisition. Unless otherwise provided by City, DBE must acquire, use
and dispose of, at its sole expense, any additional Worksites, licenses, easements, and
temporary facilities necessary to access and perform the Work.
(B) Offsite Staging Area and Field Office. If additional space beyond the Project
site is needed, such as for the staging area or the field office, DBE may need to make
arrangements with the nearby property owner(s) to secure the space. Before using or
occupying any property owned by a third party, DBE must provide City with a copy of the
necessary license agreement, easement, or other written authorization from the property
owner, together with a written release from the property owner holding City harmless
from any related liability, in a form acceptable to the City Attorney.
(C) Traffic Management. DBE must provide traffic management and traffic controls
as specified in the Contract Documents, as required by Laws, and as otherwise required
to ensure the public and worker safety, and to avoid interference with public or private
operations or the normal flow of vehicular, bicycle, or pedestrian traffic. Any traffic
management plans required to be submitted, must be prepared by a California License
Professional including Registration Stamp and reviewed and accepted by the City prior to
installation of any traffic management controls.
7.4 Signs. No signs may be displayed on or about City’s property, except signage which is
required by Laws or by the Contract Documents, without City’s prior written approval as
to size, design, and location. DBE must furnish and install all signs at DBE’s sole
expense, including signs required by Laws or the Contract Documents.
7.5 Project Site and Nearby Property Protections.
(A) General. DBE is responsible at all times, on a 24-hour basis and at its sole cost,
for protecting the Work, the Project site, and the materials and equipment to be
incorporated into the Work, until the notice of completion has been recorded. Except as
specifically authorized by City, DBE must confine its operations to the area of the Project
site indicated in the Bridging Documents. DBE is liable for any damage caused by DBE
or its Subcontractors to the Work, City’s property, the property of adjacent or nearby
property owners, and the work or personal property of other contractors working for City.
In addition, DBE is responsible for damage caused by its failure to adequately secure the
Work or any Worksite.
(1) Subject to City’s approval, DBE will provide and install safeguards to protect
the Work, any Worksite, including the Project site. City’s real or personal
property, and the real or personal property of adjacent or nearby property
owners, including plant and tree protections.
(2) Cupertino Sanitary District and the City of Sunnyvale own and operate
wastewater systems within City and they may not be interrupted. If the Work
disrupts existing sewer facilities, DBE must immediately notify City to determine
who owns the system and establish a plan, subject to the systems owner’s
approval, to convey the sewage in closed conduits back into the sanitary sewer
system. Sewage must not be permitted to flow in trenches or be covered by
backfill.
(3) DBE must remove with due care, and store at City’s request, any objects or
material from the Project site that City will salvage or reuse at another location.
(4) If directed by City Engineer, DBE must promptly repair or replace any
property damage, as specified by the City Engineer. However, acting in its sole
discretion, City may elect to have the property damage remedied otherwise, and
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 42
may deduct the cost to repair or replace the damaged property from payment
otherwise due to DBE.
(5) DBE will not permit any structure or infrastructure to be loaded in a manner
that will damage or endanger the integrity of the structure or infrastructure.
(B) Securing Project Site. After completion of Work each day, DBE must secure the
Project site and, to the extent feasible, make the area reasonably accessible to the public
unless City approves otherwise. All excess materials and equipment not protected by
approved traffic control devices must be relocated to the staging area or demobilized.
Trench spoils must be hauled off the Project site daily and open excavations must be
protected with steel plates. DBE and Subcontractor personnel may not occupy or use the
Project site for any purpose during non-Work hours, except as may be provided in the
Contract Documents or pursuant to prior written authorization from City.
(C) Unforeseen Conditions. If DBE encounters facilities, utilities, or other unknown
conditions not shown on or reasonably inferable from the Bridging Documents, record
drawings, or other documents or information made available to DBE, or which are not
apparent from inspection of the Project site, DBE must immediately notify the City and
promptly submit a Request for Information to obtain further direction from the City
Engineer. DBE must avoid taking any action which could cause damage to the facilities
or utilities pending further direction from the City Engineer. The City Engineer’s written
response will be final and binding on DBE. If the City Engineer’s subsequent direction to
DBE affects DBE’s cost or time to perform the Work, DBE may submit a Change Order
request as set forth in Article 6 above.
(D) Support; Adjacent Properties. DBE must provide, install, and maintain all
shoring, bracing, and underpinning necessary to provide support to City’s property and
adjacent properties and improvements thereon. DBE must provide notifications to
adjacent property owners as may be required by Laws. See also, Section 7.14, Trenching
of Five Feet or More.
(E) Notification of Property Damage. DBE must immediately notify the City of
damage to any real or personal property resulting from Work on the Project. DBE must
immediately provide a written report to City of any such property damage within 24 hours
of the occurrence. The written report must include: (1) the location and nature of the
damage, and the owner of the property, if known; (2) the name and address of each
employee of DBE or any Subcontractor involved in the damage; (3) a detailed description
of the incident, including precise location, time, and names and contact information for
known witnesses; and (4) a police or first responder report, if applicable. If DBE is
required to file an accident report with another government agency, DBE will provide a
copy of the report to City.
7.6 Materials and Equipment.
(A) General. Unless otherwise specified, all materials and equipment required for the
Work must be new, free from defects, and of the best grade for the intended purpose,
and furnished in sufficient quantities to ensure the proper and expeditious performance of
the Work. DBE must employ measures to preserve the specified quality and fitness of the
materials and equipment. Unless otherwise specified, all materials and equipment
required for the Work are deemed to include all components required for complete
installation and intended operation and must be installed in accordance with the
manufacturer’s recommendations or instructions. DBE is responsible for all shipping,
handling, and storage costs associated with the materials and equipment required for the
Work and is responsible for providing security and protecting the Work and all of the
required materials, supplies, tools and equipment at DBE’s sole cost until City has
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 43
formally accepted the Project as set forth in Section 11.1, Final Completion. DBE will not
assign, sell, mortgage, or hypothecate any materials or equipment for the Project, or
remove any materials or equipment that have been installed or delivered.
(B) City-Provided. If the Work includes installation of materials or equipment to be
provided by City, DBE is solely responsible for the proper examination, handling, storage,
and installation of such items in accordance with the Contract Documents. DBE must
promptly notify City of any defects discovered in City-provided materials or equipment,
sufficiently in advance of scheduled use or installation to afford adequate time to procure
replacement materials or equipment as needed. DBE is solely responsible for any loss of
or damage to such items which occurs while the items are in DBE’s custody and control,
the cost of which may be offset from the Contract Price and deducted from any
payment(s) due to DBE.
(C) Existing City Equipment. DBE will carefully remove all existing equipment from
the Worksite. If the City specifies or indicates that equipment is to be salvaged and
reused or to remain the property of City then the DBE will reuse or return the equipment
to the City. DBE will store and protect salvaged equipment specified to be reused in the
Work. DBE will deliver to the City in good condition the equipment that is to remain City
property but not be reused in the Work.
(1) If an item specified to be salvaged is damaged during its removal, storage, or
handling through carelessness or improper procedures, then DBE will replace
that equipment in kind or with a new item. For those items specified to be
salvaged DBE may choose to instead furnish and install new equipment, in which
case the original, removed items will become DBE’s property. Existing materials
and equipment removed by DBE will only be reused in the Work if so specified or
indicated by the City.
(D) Intellectual Property Rights. DBE must, at its sole expense, obtain any
authorization required for use of patented or copyright-protected materials, equipment,
devices or processes that are incorporated into the Work. DBE’s indemnity obligation in
Article 4 applies to any claimed violation of intellectual property rights.
(E) Certificate of Compliance. When a Certificate of Compliance is specified, or for
any material or item (“material”) produced or assembled outside of the United States,
DBE must submit a Certificate of Compliance before incorporating that material into the
Project. A Certificate of Compliance must be submitted for each lot of material delivered
to the Project site, and in a form acceptable to the City Engineer, identifying the material,
its source, and the lot. Each Certificate of Compliance must be signed by the material
producer stating that the material fully complies with the applicable requirements of the
Specifications. Submission of a Certificate of Compliance will not limit DBE’s continuing
obligation to use only materials that conform with the requirements of the Contract
Documents. Any materials furnished pursuant to a Certificate of Compliance may be
inspected or tested at any time by City, subject to the inspection and testing provisions of
Article 7, and defective or non-conforming material may be rejected at any time, even if
already installed.
(F) Site Materials. Except as otherwise specified, City retains full ownership of and
all rights to use any water, soil, stone, gravel, sand, minerals or other materials (“Site
Materials”) on City property, including the Project site, and including any site materials
that have been extracted, excavated, or otherwise affected or made accessible by
performance of the Work. However, City, acting in its sole discretion, may provide written
authorization in the Special Conditions or in the Specifications or in a Change Order for
DBE to make use of or incorporate specified Site Materials in the Work.
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
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7.7 Testing and Inspection.
(A) General. All materials, equipment, and workmanship used in the Work are
subject to inspection and testing by City at all times and locations during construction
and/or fabrication and at any Worksite, including at shops and yards as well as at the
Project site, or at the plant of a manufacturer of materials or items to be incorporated into
the Work. All manufacturers’ application or installation instructions must be provided to
the Inspector at least ten days prior to the first such application or installation. DBE must,
at all times, make the Work available for testing or inspection. Neither City’s inspection or
testing of Work, nor its failure to do so, operate to waive or limit DBE’s duty to complete
the Work in accordance with the Contract Documents.
(B) Scheduling and Notification. DBE must cooperate with City in coordinating the
inspections and testing. DBE must submit samples of materials, at DBE’s expense, and
schedule all tests required by the Contract Documents in time to avoid any delay to the
progress of the Work. DBE must notify the City Engineer in writing no later than two
Working Days before any inspection or testing is being requested and must provide
timely notice to all necessary parties as specified in the Contract Documents. If DBE
schedules an inspection or test beyond regular Work hours, or on a Saturday, Sunday, or
recognized City holiday, DBE must seek, in writing, City Engineer’s approval at least two
Working Days in advance. If approved, DBE must reimburse City for the cost of the
overtime inspection or testing. Such costs, including the City’s hourly costs for required
personnel and Inspector, may be deducted from payments otherwise due to DBE.
(C) Responsibility for Costs. City will bear the initial cost of inspection and testing
to be performed by independent inspections and/or testing consultants retained by City,
subject to the following exceptions:
(1) DBE will be responsible for the costs of any subsequent inspections and/or
tests which are required to substantiate compliance with the Contract
Documents, and any associated remediation costs.
(2) DBE will be responsible for inspection and testing costs, at the rate charged
by the consultant retained by the City to provide inspection and testing services,
and for inspection and testing time lost because the Work is not ready or DBE
fails to appear for a scheduled inspection.
(3) If any portion of the Work that is subject to inspection or testing is covered or
concealed by DBE prior to the inspection or testing, DBE will bear the cost of
making that portion of the Work available for the inspection or testing required by
the Contract Documents, and any associated repair or remediation costs.
(4) DBE is responsible for properly shoring all compaction test sites deeper than
five feet below grade, as required under Section 7.14 below.
(5) Any Work or material that is defective or fails to comply with the requirements
of the Contract Documents must be promptly repaired, removed, replaced, or
corrected by DBE, at DBE’s sole expense, even if that Work or material was
previously inspected or included in a progress payment.
(D) DBE’s Obligations. All Work and materials must conform to the lines, grades,
typical cross sections, dimensions, material requirements, and tolerances shown or
described by the Construction Documents. City, acting in its sole discretion, will
determine whether Work or materials conform to the Construction Documents, including
allowable deviations. City’s determination as to conformity or allowable deviations is final.
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
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DBE is solely responsible for any delay occasioned by remediation of defective or
noncompliant Work or material. Inspection of the Work does not in any way relieve DBE
of its obligations to perform the Work as specified in the Construction Documents. Any
Work done without the required inspection(s) will also be subject to rejection by City. Any
Work that fails to comply with the requirements of the Contract Documents must be
promptly repaired, replaced, or corrected by DBE, at DBE’s sole expense, even if that
Work was previously inspected or included in a progress payment. DBE is solely
responsible for any delay occasioned by remediation of noncompliant Work. Inspection of
the Work does not in any way relieve DBE of its obligations to perform the Work as
specified.
(E) Distant Locations. If required off-site testing or inspection must be conducted at
a location more than 100 miles from the Project site, DBE is solely responsible for the
additional travel costs required for testing and/or inspection at such locations.
(F) Plant Inspection. If specified in the Contract Documents, or upon written request
by City, DBE must use its best efforts to facilitate and arrange for City’s inspection,
sampling or testing of materials or items required for the Work at the plant or facility from
which the materials or items are to be obtained. DBE’s best efforts must include
contacting the producer or manufacturer on a timely basis to schedule inspection by
City’s selected representative, including appropriate access and any safety equipment, all
at no cost to City. The inspection must be scheduled sufficiently in advance of the
planned shipping or production date to allow for alternative arrangements if the City
determined that the materials or items do not meet the requirements of the
Specifications. Nothing in this provision obligates City to inspect materials or items at the
source plant or facility.
(G) Final Inspection. The provisions of this Section 7.7 also apply to final inspection
under Article 11, Completion and Warranty Provisions.
7.8 Project Site Conditions and Maintenance. DBE must at all times, on a 24-hour basis
and at its sole cost, maintain the Project site and staging and storage areas in clean, neat
and sanitary condition and in compliance with all Laws pertaining to safety, air quality and
dust control. Adequate toilets must be provided and properly maintained and serviced for
all workers on the Project site, located in a suitably secluded area, subject to City’s prior
approval. DBE must also, on a daily basis and at its sole cost, remove and properly
dispose of the debris and waste materials from the Project site.
(A) Protection of Existing Property, Structures, and Utilities. If the Specifications
indicate existing above-grade and below-grade structures, drainage lines, storm drains,
sewers, water, gas, electrical, phone and data cable, and other similar items or utilities
known to the City, then DBE will locate these known existing installations before
proceeding with trenching or other operations which may cause damage, will maintain
them in service where appropriate, and will repair any damage caused to them by the
Work, at no increase in the Contract Price.
(1) DBE may temporarily mark or paint the ground, pavement, sidewalk, or any
other improvements, but must not do so in a public right-of-way or on the Project
site more than 30 days prior to the commencement of excavation work performed
in connection with an installation. Any mark or paint must be removed from all
surfaces, including any decorative work, within 30 days of the completion of the
excavation work. DBE is responsible for any expense associated with damages
caused by the DBE’s mark or paint, including the removal thereof.
(2) DBE will record the location and existence of pavement markers and striping
prior to construction, and will provide such records to the City Engineer. DBE will
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 46
replace in kind any permanent paving marker or striping that it removes or
damages, or as marked in the Specifications, at its expense.
(B) Air Emissions Control. DBE must not discharge smoke or other air
contaminants into the atmosphere in violation of any Laws.
(C) Dust and Debris. DBE must minimize and confine dust and debris resulting from
the Work. DBE must abate dust nuisance by cleaning, sweeping, and immediately
sprinkling with water excavated areas of dirt or other materials prone to cause dust, and
within one hour after the City Engineer notifies DBE that an airborne nuisance exists. The
City Engineer may direct that DBE provide an approved water-spraying truck for this
purpose. If water is used for dust control, DBE will only use the minimum necessary. DBE
must take all necessary steps to keep waste water out of streets, gutters, or storm drains.
See Section 7.19, Storm Water Pollution Control. If City determines that the dust control
is not adequate, City may have the work done by others and deduct the cost from the
Contract Price. DBE will immediately remove any excess excavated material from the
Project site and any dirt deposited on public streets.
(D) Clean up. Before discontinuing Work in an area, DBE must clean the area and
remove all debris and waste along with the construction equipment, tools, machinery,
waste and surplus materials.
(1) Except as otherwise specified, all excess Project materials, and the materials
removed from existing improvements on the Project site with no salvage value or
intended reuse by City, will be DBE’s property.
(2) Hauling trucks and other vehicles leaving the Project site must be cleaned of
exterior mud or dirt before traveling on City streets. Materials and loose debris
must be delivered and loaded to prevent dropping materials or debris. DBE must
immediately remove spillage from hauling on any publicly traveled way. Streets
affected by Work on the Project must be kept clean by street sweeping.
(E) Disposal. DBE must dispose of all Project debris and waste materials in a safe
and legal manner. DBE may not burn or bury waste materials on the Project site. DBE
will not allow any dirt, refuse, excavated material, surplus concrete or mortar, or any
associated washings, to be disposed of onto streets, into manholes or into the storm
drain system.
(F) Completion. At the completion of the Work, DBE must remove from the Project
site all of its equipment, tools, surplus materials, waste materials and debris, presenting a
clean and neat appearance. Before demobilizing from the Project site, DBE must ensure
that all surfaces are cleaned, sealed, waxed, or finished as applicable, and that all marks,
stains, paint splatters, and the like have been properly removed from the completed Work
and the surrounding areas. DBE must ensure that all parts of the construction are
properly joined with the previously existing and adjacent improvements and conditions.
DBE must provide all cutting, fitting and patching needed to accomplish that requirement.
DBE must also repair or replace all existing improvements that are damaged or removed
during the Work, both on and off the Project site, including curbs, sidewalks, driveways,
fences, signs, utilities, street surfaces and structures. Repairs and replacements must be
at least equal to the previously existing improvements, and the condition, finish and
dimensions must match the previously existing improvements. DBE must restore to
original condition all property or items that are not designated for alteration under the
Contract Documents and leave each Worksite clean and ready for occupancy or use by
City.
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(G) Non-Compliance. If DBE fails to comply with its maintenance and cleanup
obligations or any City clean up order, City may, acting in its sole discretion, elect to
suspend the Work until the condition(s) is corrected with no increase in the Contract Time
or Contract Price, or undertake appropriate cleanup measures without further notice and
the cost will be deducted from any amounts due or to become due to DBE.
7.9 Instructions and Manuals. DBE must provide to City one bound [hard] copy and an
electronic PDF copy of all instructions and manuals required by the Contract Documents,
unless otherwise specified. These must be complete as to drawings, details, parts lists,
performance data, and other information that may be required for City to easily maintain
and service the materials and equipment installed for this Project.
(A) Submittal Requirements. The instructions and manuals, along with any
required guarantees, must be delivered to City for review prior to requesting final
inspection pursuant to Section 11.1(A), unless otherwise specified.
(B) Training. DBE or its Subcontractors must train City’s personnel in the operation
and maintenance of any complex equipment or systems as a condition precedent to Final
Completion, if required in the Contract Documents.
7.10 As-built Drawings. DBE and its Subcontractors must maintain on the Worksite a
separate complete set of the final City-approved Construction Documents, including
drawings to be used solely for the purpose of recording changes made in any portion of
the Work in order to create accurate record drawings at the end of the Project.
(A) Duty to Update. The as-built drawings must be updated as changes occur, on a
daily basis if necessary. Progress payments may be reduced, in whole or in part, until the
as-built drawings are brought up to date to the satisfaction of City, and the City may
choose to withhold the estimated cost for City to have the as-built drawings prepared
from payments otherwise due to DBE. Actual locations to scale must be identified on the
as-built drawings for all runs of mechanical and electrical work, including all site utilities
installed underground, in walls, floors, or otherwise concealed. Deviations from the
original drawings must be shown in detail. The exact location of all main runs, whether
piping, conduit, ductwork or drain lines, must be shown by dimension and elevation. The
location of all buried pipelines, appurtenances, or other improvements must be
represented by coordinates and by the horizontal distance from visible above-ground
improvements.
(B) Final Completion. DBE must verify that all changes in the Work are depicted in
the as-built drawings and must deliver the complete set of as-built drawings to the City
Engineer for review and acceptance as a condition precedent to Final Completion and
Final Payment.
7.11 Existing Utilities.
(A) General. The Work may be performed in developed, urban areas with existing
utilities, both above and below ground, including utilities identified in the Contract
Documents or in other informational documents or records. DBE must take due care to
locate identified or reasonably identifiable utilities before proceeding with trenching,
excavation, or any other activity that could damage or disrupt existing utilities. This may
include excavation with small equipment, potholing, or hand excavation, and, if practical,
using white paint or other suitable markings to delineate the area to be excavated. Except
as otherwise provided herein, DBE will be responsible for costs resulting from damage to
identified or reasonably identifiable utilities due to DBE’s negligence or failure to comply
with the Contract Documents, including the requirements in this Article 7.
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 48
(B) Unidentified Utilities. Pursuant to Government Code § 4215, if, during the
performance of the Work, DBE discovers utility facilities not identified by City in the
Contract Documents, DBE must immediately provide written notice to City and the utility.
City assumes responsibility for the timely removal, relocation, or protection of existing
main or trunk line utility facilities located on the Project site if those utilities are not
identified in the Contract Documents. DBE will be compensated in accordance with the
provisions of the Contract Documents for the costs of locating, repairing damage not due
to DBE’s failure to exercise reasonable care, and removing or relocating such utility
facilities not indicated in the Contract Documents with reasonable accuracy, and for
equipment on the Project necessarily idled during such work. DBE will not be assessed
liquidated damages for delay in completion of the Work, to the extent such delay was
caused by City’s failure to provide for removal or relocation of the utility facilities.
7.12 Notice of Excavation.
DBE must comply with all applicable requirements in Government Code § 4216.2 through
4216.5, which are incorporated by reference herein. Government Code § 4216.2 requires
that, except in an emergency, DBE must contact the appropriate regional notification
center, or Underground Services Alert, at least two working days but not more than 14
calendar days before starting any excavation if the excavation will be conducted in an
area that is known, or reasonably should be known, to contain subsurface installations.
DBE may not begin excavation until it has obtained and submitted to City Engineer an
inquiry identification number from Underground Services Alert.
7.13 Trenching and Excavations of Four Feet or More.
As required by Public Contract Code § 7104, if the Work includes digging trenches or
other excavations that extend deeper than four feet below the surface, the following
provisions in this Section apply to the Work and the Project.
(A) Duty to Notify. DBE must promptly, and before the following conditions are
disturbed, provide written notice to City if DBE finds any of the following conditions:
(1) Material that DBE believes may be a hazardous waste, as defined in § 25117
of the Health and Safety Code, that is required to be removed to a Class I, Class
II, or Class III disposal site in accordance with the provisions of existing Laws;
(2) Subsurface or latent physical conditions at the Project site differing from those
indicated by information about the Project site made available to DBE prior to the
deadline for submitting Proposals; or
(3) Unknown physical conditions at the Project site of any unusual nature,
materially different from those ordinarily encountered and generally recognized
as inherent in work of the character required by the Contract Documents.
(B) City Investigation. City will promptly investigate the conditions and if City finds
that the conditions do materially differ or do involve hazardous waste, and cause a
decrease or increase in DBE’s cost of, or the time required for, performance of any part
of the Work, City will issue a Change Order.
(C) Disputes. In the event that a dispute arises between City and DBE regarding any
of the conditions specified in subsection (A) above, DBE will not be excused from any
scheduled completion date provided for in the Contract Documents, but must proceed
with all Work to be performed under the Contract. DBE will retain any and all rights
provided either by the Contract or by Laws which pertain to the resolution of disputes
between DBE and City.
7.14 Trenching of Five Feet or More.
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 49
As required by Labor Code § 6705, if the Contract Price exceeds $25,000 and the Work
includes the excavation of any trench or trenches of five feet or more in depth, a detailed
plan must be submitted to City for acceptance in advance of the excavation. The detailed
plan must show the design of shoring, bracing, sloping, or other provisions to be made for
worker protection from the hazard of caving ground during the excavation. If the plan
varies from the shoring system standards, it must be prepared by a California registered
civil or structural engineer. Use of a shoring, sloping, or protective system less effective
than that required by the Construction Safety Orders is prohibited.
7.15 New Utility Connections. City will pay connection charges and meter costs for new
permanent utilities required by the Contract Documents, if any. DBE must notify City
sufficiently in advance of the time needed to request service from each utility provider so
that connections and services are initiated in accordance with the Project schedule.
7.16 Lines and Grades.
DBE is required to use any benchmark provided by the City Engineer. Unless otherwise
specified in the Contract Documents, DBE must provide all lines and grades required to
execute the Work. DBE must also provide, preserve, and replace if necessary, all
construction stakes required for the Project. All stakes or marks must be set by a
California licensed surveyor or a California registered civil engineer. DBE must notify the
City Engineer of any discrepancies found between DBE’s staking and grading and
information provided by the Contract Documents. Upon completion, all Work must
conform to the lines, elevations, and grades shown in the Plans, included any changes
directed by a Change Order.
7.17 Historic or Archeological Items.
(A) DBE’s Obligations. DBE must ensure that all persons performing Work at the
Project site are required to immediately notify the Inspector or Project Manager, upon
discovery of any potential historic or archeological items, including historic or prehistoric
ruins, burial grounds, archaeological or vertebrate paleontological site, including
fossilized footprints or other archeological, paleontological or historical feature on the
Project site (collectively, “Historic or Archeological Items”).
(B) Discovery; Cessation of Work. Upon discovery of any potential Historic or
Archeological Items, Work must be stopped within an 85-foot radius of the find and may
not resume until authorized in writing by City. If required by City, DBE must assist in
protecting or recovering the Historic or Archeological Items, with any such assistance to
be compensated as extra work on a time and materials basis under Article 6, Contract
Modification. At City's discretion, suspension of Work required due to discovery of
Historic or Archeological Items will be treated as Excusable Delay pursuant to Article 5,
or as a suspension for convenience under Article 13.
7.18 Recycling and Waste Disposal.
(A) Approved Recycling Facility. DBE must dispose of all recyclable materials at a
recycling facility approved by the City Engineer.
(B) Inert Solids and Plant Materials. DBE must remove all asphalt concrete, Portland
cement concrete, aggregate base material, inert solids and any plant material from
the Project site and deposit at an approved recycling facility. DBE must conform the
above material to an acceptable size and composition for recycling.
(C) Recyclable Materials. DBE must recycle at least 65% of all materials at an approved
recycling facility.
(D) Waste Management Plan and Disposal Report. If the California Green Building
Standards Code applies to the Project, DBE must submit to the City a waste
management plan prior to starting work. A disposal report is required upon
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 50
completion of the Project, for materials that are hauled by DBE or by the City’s
franchised hauler. If a waste management plan is required, it must be available
throughout the duration of the Project for examination by the City. Electronic
submittals are acceptable. The waste management plan must include the following:
(1) Project title and number;
(2) identify the construction methods that will be employed to reduce waste;
(3) Type of material(s) to be recycled, salvaged or landfilled;
(4) Specify if the waste will be sorted onsite or bulk-mixed; and
(5) Name and address of recycling facility(ies) and landfill(s) to be used;
The disposal report must include the following:
(1) Project title;
(2) Date and time of disposal;
(3) Truck number;
(4) Type of material recycled, salvaged, or landfilled;
(5) Weight of material recycled, salvaged, or landfilled;
(6) Name and address of recycling facility or landfill;
(7) Certification or weight tags from facility;
(8) Weight tags for all material landfilled; and
(9) If the recycling goal is not met, provide an explanation, to be approved by
City, for why it was not met.
(E) Collection of Waste and Debris. Collection of garbage, mixed non-organic
recyclables, organic waste, and any construction or demolition materials in debris
boxes, compactors, or bin-by-the-day services that are not City franchisees or
otherwise agents of the City is prohibited. Notwithstanding the above, DBE must
dispose of debris from the Project in one of the following:
(1) Franchised hauler bin;
(2) A bin owned by DBE or a demolition Subcontractor provided that it is hauled
by an employee of the DBE or the demolition Subcontractor and by a vehicle
owned and registered to the DBE or the demolition Subcontractor; or
(3) Private truck with a bed.
(F) Recycling Containers. The disposal of garbage in containers designated for
compostable waste recycling is prohibited.
7.19 Storm Water Pollution Control.
DBE must not pollute the storm drainage system or any waterways or tributaries with
waste materials, pollutants, or other harmful materials. DBE and its Subcontractors must
at all times in the performance of the Work comply with all applicable Laws concerning
pollution of waterways.
(A) Best Management Practices. DBE must remove any waste found or generated at
the Project site using the appropriate Best Management Practices (“BMPs”) and must
properly dispose of the waste or pollutants off-site. If solid or liquid waste materials or
pollutants from the Project enter the storm drain system, DBE must immediately
notify the City’s Environmental Services Division, and thoroughly clean up the
affected catch basins, storm sewer, and storm manholes to the satisfaction of the
City Engineer. If DBE fails to meet the requirements of this Section, the City may
issue a stop-work notice and take necessary action to require DBE to set up
preventive measures or clean up the storm drainage system. DBE will bear all costs
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 51
related to the stop-work action and corrective work and will not be entitled to an
extension of the Contract Time for any resulting delay.
(B) Stormwater Permit. DBE must comply with all applicable conditions of the State
Water Resources Control Board National Pollutant Discharge Elimination System
(“NPDES”) General Permit for Storm Water Discharges Associated with Construction
and Land Disturbance Activities (“Stormwater Permit”).
(1) Record Copy of Stormwater Permit. If required for the Work, a copy of the
Stormwater Permit is on file in City’s principal administrative offices, and DBE
must comply with the same without adjustment of the Contract Price or the
Contract Time. DBE must timely and completely submit required reports and
monitoring information required by the conditions of the Stormwater Permit.
DBE also must comply with all other applicable Laws governing discharge of
stormwater, including applicable municipal stormwater management
programs.
(2) Failure to Comply with Stormwater Permit. DBE must pay all costs and
liabilities imposed by Laws as a result of DBE's failure to comply with the
provisions set forth in the Contract Documents. Such costs and liabilities
include, but are not limited to, fines, penalties, and damages, whether
assessed against the City or DBE, including those levied under the Federal
Clean Water Act and the State Porter Cologne Water Quality Act.
(C) Storm Water Pollution Prevention Plan Preparation. DBE must incorporate the
following BMPs, as applicable, into a site-specific Storm Water Pollution Prevention
Plan (“SWPPP”), if required for the Project. The SWPPP must be approved by the
City Engineer prior to construction.
(1) Non-Hazardous Material/Waste Management.
a. DBE must designate areas of the Project site suitable for material
delivery, storage, and waste collection that, to the maximum extent
practicable, are near construction entrances and away from catch
basins, gutters, drainage courses, and creeks.
b. DBE must store granular material at least 10 feet away from catch basin
and curb returns.
c. DBE must prevent granular material to enter the storm drains or creeks.
d. During wet weather and when rain is forecast in the next 24 hours, DBE
must cover granular material with a tarpaulin and surround the material
with sandbags or other weights to ensure that tarpaulin does not expose
the material during wind and rain.
e. DBE will use minimal amounts of water to control dust on a daily basis or
as directed by the City Engineer.
f. At the end of each working day or as directed by the City, DBE must
clean and sweep roadways and on-site paved areas of all materials on or
adjacent to the Worksite.
g. Throughout the working day and at the end of each working day, or as
directed by the City, DBE must pick up litter, trash, scrap, waste material,
and debris from the Project site and any adjacent sidewalk, curb, and
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
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gutter area. DBE must keep the site and perimeter free from cigarette
butts and other litter.
h. DBE must ensure that lids for trash receptacles are kept closed and that
trash receptacles are maintained in a manner that prevents overflows.
i. DBE must maintain a clean and litter-free area around all trash
receptacles on the site.
j. DBE will not use water to flush down streets in place of street sweeping
or other dry methods of spill cleanup such as applying absorbent,
sweeping up material and disposing it in a waste bin.
k. In addition to DBE’s obligation to recycle materials pursuant to Section
7.18 of the General Conditions, DBE must, to the maximum extent
practicable, reuse or recycle any useful construction materials generated
during the Project.
l. DBE must inspect any waste and recycling receptacles for leaks, and
must contact the City’s trash hauling franchisee to immediately replace
or repair any leaking receptacles.
m. DBE will not discharge water on-site as a result of cleaning recycling or
trash receptacles.
n. DBE must arrange for regular waste collection before receptacles
overflow, and must adjust the frequency of service or the receptacle size
as needed to ensure that overflows do not occur.
(2) Hazardous Material/Waste Management.
a. DBE must label and store all hazardous materials including but not
limited to pesticides, paints, thinners, solvents, and fuels; and all
hazardous wastes, including but not limited to waste oil and antifreeze; in
accordance with the City’s Hazardous Materials Storage Ordinance and
all applicable Laws.
b. DBE must keep an accurate, up-to-date inventory, including Materials
Safety Data Sheets (“MSDSs”), of hazardous materials and hazardous
wastes stored on-site.
c. When rain is forecast within 24 hours or during wet weather, the DBE
must not apply chemicals such as pesticides and cleaners, or any
materials that may potentially enter the storm drain system, in outside
areas.
d. DBE must not over-apply pesticides or fertilizers and must follow
materials manufacturer’s instructions regarding uses, protective
equipment, ventilation, flammability, and mixing of chemicals. Over-
application of a pesticide constitutes a “label violation” subject to an
enforcement action by the Santa Clara County Agriculture Department.
e. DBE must arrange for regular hazardous waste collection to comply with
all applicable time limits on storage of hazardous wastes.
f. DBE must dispose of hazardous waste only at authorized and permitted
treatment, storage and disposal facilities, and must use only licensed
hazardous waste haulers to remove the waste off-site, unless quantities
to be transported are below applicable threshold limits for transportation
specified in state and federal regulations.
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
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g. If DBE’s business office is located in Santa Clara County, DBE may
dispose of this waste through the Countywide Hazardous Waste
Program. Businesses generating less than 27 gallons or 220 pounds of
hazardous waste per month are legally classified as conditionally exempt
small quantity generators (“CESQGs”). Information on the CESQG
program may be requested by calling the County at (408) 299-7300.
(3) Spill Prevention and Control.
a. DBE must keep a stockpile of spill cleanup materials, such as rags or
absorbents, readily accessible on-site.
b. DBE must immediately contain and prevent leaks and spills from
entering storm drains, and properly clean up and dispose of the waste
and cleanup materials, using dry methods to the extent feasible. If the
waste is hazardous, DBE must handle the waste as described in
subsection (2) above.
c. DBE will not wash any spilled material into streets, gutters, storm drains,
or creeks and will not bury spilled hazardous materials.
d. DBE must report any hazardous materials spill by calling 911 and must
notify the City’s Public Works Environmental Division at 408-777-3354.
(4) Vehicle/Equipment Cleaning.
a. DBE will not perform vehicle or equipment cleaning on-site or in the
street using soaps, solvents, degreasers, steam cleaning equipment, or
equivalent methods.
b. DBE must perform vehicle or equipment cleaning, with water only, in a
designated, bermed, pervious area that will not allow rinse water to run
offsite or into streets, gutters, storm drains, or creeks.
(5) Vehicle/Equipment Maintenance and Fueling.
a. DBE will not perform maintenance and fueling of vehicles onsite.
b. DBE must perform maintenance and fueling of equipment only when
necessary, and in a designated, bermed area or over a drip pan that will
not allow run-on of storm water or runoff of spills.
c. DBE must use secondary containment, such as a drip pan, to catch
leaks or spills any time that equipment fluids are dispensed, changed, or
poured.
d. DBE must keep a stockpile of spill cleanup materials, such as rags or
absorbents, readily accessible on-site to clean up drips and spills.
e. DBE must clean up leaks and spills of vehicle or equipment fluids
immediately and dispose of the waste and cleanup materials as
hazardous waste, as described above.
f. DBE will not wash any spilled material into streets, gutters, storm drains,
or creeks and shall not bury spilled hazardous materials.
g. DBE must report any hazardous materials spill by calling 911. After the
emergency has been reported, DBE must notify the City’s Public Works
Environmental Division.
h. DBE must inspect vehicles and equipment arriving on-site for leaking
fluids and shall promptly repair leaking vehicles and equipment. Drip
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 54
pans must be used to catch leaks until repairs are made. Shut-off valves
on equipment must be working properly.
i. DBE must comply with all applicable Laws for above-ground storage
tanks.
(6) DBE Training and Awareness.
a. DBE must train all employees and Subcontractors on the SWPPP
requirements contained in these General Conditions.
b. DBE must include appropriate provisions in its subcontracts to ensure
that these SWPPP requirements are met.
c. DBE must post warning signs in areas treated with chemicals.
d. DBE must paint City-approved stencil or, preferably, apply steel
medallions to, any new catch basins with the “No Dumping, Flows to
Creek” stencil or medallion markers available from the City’s Public
Works Environmental Division.
(7) Activity-Specific Requirements. The following requirements apply if the
Project includes the listed activities.
a. Dewatering or Pumping Operations.
i. DBE must not discharge water to the storm drain system. Water
discharges must be directed to a pervious, landscaped, or
bioretention area where water will be infiltrated without causing
runoff, or routed to the sanitary sewer system after obtaining a permit
from Cupertino Sanitary District or Sunnyvale Sanitary, depending on
which has jurisdictional authority, or contained using a Baker tank or
other means to collect the water for re-use or safe and legal
disposal. DBE may contact the City’s Environmental Division for
more information on these control measures.
ii. DBE must obtain approval of the City Engineer for any control
measure in advance.
iii. DBE must reuse water for other needs, including but not limited to
dust control or irrigation, to the maximum extent practicable.
b. Paving Operations.
i. When rain is forecast within 24 hours or during wet weather, the City
Engineer may require that paving be delayed for more suitable
conditions.
ii. The City Engineer may direct DBE to protect drainage courses by
using control measures, including but not limited to, earth dike, straw
bale, and sandbag, to divert runoff or trap and filter sediment. DBE
must refer to California Storm Water Best Management Practice
Handbook for these control measures.
iii. DBE must place drip pans or absorbent material under paving
equipment when not in use.
iv. DBE must securely cover catch basins and manholes when paving
or applying seal coat, tack coat, slurry seal, or fog seal.
v. DBE must remove, clean and reapply or replace catch basin covers
as often as needed to ensure protection of the storm drain system
from any material other than rain.
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vi. Before Final Completion, DBE must remove and dispose of all catch
basin covers and material trapped by the covers. If DBE fails to
remove and dispose of the covers and materials trapped, City
reserves the right to delay final inspection and/or deduct monies from
payments due DBE to compensate the City for its additional costs for
removal and disposal of catch basin protection.
vii. If the paving operation includes an on-site mixing plant, DBE must
comply with Santa Clara County General Industrial Activities Storm
Water Permit requirements.
viii. DBE must preheat, transfer or load hot bituminous material away
from drainage systems or watercourses.
ix. DBE will not sweep or wash down excess sand (placed as part of a
sand seal or to absorb excess oil) into streets, gutters, storm drains,
or creeks. DBE must either collect the sand and return it to the
stockpile, or dispose of it in a trash container. DBE will not use water
to wash down fresh asphalt concrete pavement.
c. Saw Cutting.
i. DBE must use as little water as possible during saw cutting and
grinding operations.
ii. DBE must cover or barricade catch basins using control measures,
including but not limited to as filter fabric, straw bales, sandbags, and
fine gravel dams, to keep slurry out of the storm drain system. When
protecting a catch basin, DBE must ensure that the entire opening is
covered. DBE must refer to California Storm Water Best
Management Practice Handbook for these control measures.
iii. DBE must remove, clean and reapply or replace catch basin covers.
iv. Before Final Completion, DBE must remove and dispose of all catch
basin covers.
v. DBE must shovel, absorb or vacuum saw cut slurry and pick up the
waste prior to moving to the next location or at the end of each
working day, whichever is sooner.
vi. If saw cut slurry enters catch basins, DBE must remove the slurry
from the storm drain system immediately.
d. Traffic Detector Loop Installation and Repair.
i. DBE must protect nearby storm drain inlets prior to cutting or flushing
slot for traffic detector loops. DBE must block or berm around nearby
storm drain inlets using sandbags or an equivalent barrier or use
absorbent materials such as pads, pillows and socks to contain
slurry.
ii. Before Final Completion, DBE must remove all sandbags and
equivalent barriers and absorbent materials from the site and sweep
the area clean and away from the storm drain inlet.
iii. DBE must clean up residues by sweeping up as much material as
possible and must dispose of material properly.
e. Concrete, Grout and Mortar Waste Management.
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 56
i. DBE must avoid mixing excess amounts of fresh concrete or cement
mortar on-site.
ii. DBE must store concrete, grout and mortar away from drainage
areas and ensure that these materials do not enter the storm drain
system.
iii. DBE will not wash out concrete trucks or equipment into streets,
gutters, storm drains, or creeks.
iv. DBE must perform washout of concrete trucks or equipment off-site
or in a designated area on-site where the water will flow onto dirt or
into a temporary pit in a dirt area. DBE must let the water percolate
into the soil and dispose of the hardened concrete in a trash
container. If a suitable dirt area is not available, DBE must collect the
wash water and remove it off-site.
v. DBE will prevent creating runoff by draining water from washing of
exposed aggregate concrete to a dirt area. If a suitable dirt area is
not available, DBE must collect the wash water and remove it off-
site.
vi. Before Final Completion, DBE must remove all protective measures
and treatment materials and sweep the site clean.
vii. DBE must collect and return sweepings from exposed aggregate
concrete to a stockpile or dispose of the waste in a trash container.
f. Painting.
i. DBE must conduct cleaning of painting equipment and tools in a
designated area that will not allow run-on of storm water or runoff of
spills.
ii. DBE will not allow wash water from cleaning of painting equipment
and tools into streets, gutters, storm drains or creeks.
iii. DBE will remove as much excess paint as possible from brushes,
rollers and equipment before starting cleanup.
iv. To the maximum extent practicable and with permission from
Cupertino Sanitary District, DBE will dispose of wash water from
aqueous cleaning of equipment and tools to the sanitary sewer.
v. If DBE cannot dispose of wash water to the sanitary sewer, DBE
must direct wash water onto dirt area and spade in.
vi. To the maximum extent practicable, DBE will filter paint thinner and
solvents for reuse.
vii. DBE must dispose of thinners, solvents, oil and water-based paint,
and sludge from cleaning of equipment and tools as hazardous
waste, as described in these General Conditions.
viii. DBE must store paint, solvents, chemicals, and waste materials in
compliance with the City of Cupertino Hazardous Materials Storage
Ordinance and all applicable state and federal regulations. DBE must
store these materials in a designated area that will not allow run-on
of storm water or runoff of spills.
ix. DBE must dispose of dry or empty paint cans and buckets, old
brushes, rollers, rags, and drop cloths in the trash.
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g. Earthwork.
i. DBE must use the BMPs for erosion and sedimentation in either the
California Storm Water Best Management Practice Handbook -
Construction Activity or the ABAG Manual of Standards for Erosion
and Sediment Control Measures.
h. Thermoplastic.
i. DBE must transfer and load hot thermoplastic away from drainage systems or
watercourses.
ii. DBE must sweep thermoplastic grindings into plastic bags. Yellow thermoplastic
grindings may require special handling as they may contain paint.
i. Pesticide Usage and Pest Management.
i. DBE must follow all federal, state, and local policies (including the
City’s Integrated Pest Management Policy), laws, and regulations
governing the use, storage, and disposal of pesticides and training of
pest control advisors and applicators.
ii. DBE must submit pest management control methods to City
Engineer for approval. Such control methods may include, but are
not limited to: no controls; physical or mechanical methods;
environmental controls (mulching, pest-resistant vegetation);
biological controls (predators, parasites, etc.); less toxic controls
(soaps, oils, etc.); and hot water.
iii. DBE must notify and receive permission from the City Engineer and
the Public Works Environmental Division before applying any
pesticides.
iv. If permitted to use pesticides, DBE must use the least toxic
pesticides available and the use and type of such pesticides must be
approved by the City. The City will consider the LD50, overall risk to
the applicator, and impact to the environment when approving the
use of pesticides.
v. DBE must apply pesticides at the appropriate time to maximize their
effectiveness and minimize the likelihood of discharging non-
degraded pesticides in stormwater runoff. DBE will not apply
pesticides if rain is expected.
vi. DBE must mix and apply only as much material as is necessary for
treatment. DBE must calibrate application equipment prior to and
during use to ensure desired application rate.
vii. DBE will not mix or load pesticides in application equipment adjacent
to a storm drain inlet culvert or watercourse.
viii. DBE will not use Clopyralid, Diazinon, Chlorpyrifos, Chloradane,
DDT, Dieldrin or other organophosphates. Fipronil and pyrethroids
including, but not limited to Deltamethrin and Bifenthrin, will not be
applied on City property.
ix. DBE must submit monthly summaries of pesticide use to the Public
Works Environmental Division on appropriate City form. Information
provided must include, at a minimum, the product used, the method
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 58
of application, date applied, the area to which it is applied, and the
amount applied.
7.20 Traffic Control and Public Safety.
(A) Fences and Barriers. DBE must furnish, erect, and maintain fences, barriers, lights,
and signs, and must provide flagging and guards as necessary to give adequate
warning to the public of the construction and of any dangerous condition at DBE’s
sole cost and expense. City must approve all signs as to size, wording, and location.
City, in its sole discretion, may direct DBE to implement additional measures. DBE
may be required to cover certain signs which regulate or direct public traffic to
roadways that are not open to traffic. The City Engineer will determine which signs
must be covered.
(B) Manual on Uniform Traffic Control Devices (MUTCD). Notwithstanding the
requirements of this Section 7.20, all fences, barriers, signs, lights, flags, and other
warning and safety devices and their use must conform to the requirements of Part 6
of the United States Department of Transportation MUTCD and the MUTCD
California Supplement.
(C) Sign Conflicts. Signs and other protective devices furnished and erected by DBE
will not obscure the visibility of, nor conflict in intent, meaning, and function of,
existing signs, lights, and traffic control devices or any construction area signs and
traffic control devices
(D) Public Access. DBE must conduct operations in the manner that offers the least
possible obstruction and inconvenience to the public. DBE must complete the Work
in a manner that allows for access to public rights-of-way. Unless otherwise provided
in the Contract Documents, all public traffic must be permitted to pass through the
Work with as little inconvenience and delay as possible. Where possible, public traffic
must be routed on new or existing paved surfaces.
(E) Public Spills. Spillage resulting from hauling operations along or across any public
right-of-way must be removed immediately by DBE at DBE's sole cost and expense.
(F) Existing Traffic Signals. Existing traffic signals and highway lighting must be kept in
operation and available for routine maintenance during construction.
(G) Abutting Properties. Construction operations must be conducted in such a manner
as to cause as little inconvenience as possible to abutting property owners. DBE
must maintain convenient access to driveways, houses, and buildings, and temporary
approaches to crossings or intersecting highways must be provided and kept in good
condition. When an abutting property owner's access across the right-of-way line is to
be eliminated or replaced by other access facilities, the existing access will not be
closed until the replacement access facilities are usable.
(H) Lane Closures. Lane closures are not permitted before 7:00 A.M. or after 5:00 P.M.
from Monday through Friday or as otherwise specified in the Special Conditions or
Specifications. City may, at its sole discretion, approve lane closures during this time
Photovoltaic Systems Design and Installation Project GENERAL CONDITIONS
Project 2025-02 Page 59
upon written request from DBE. DBE must maintain a minimum of two travel lanes for
traffic use (one in each direction) at all times.
(I) Costs. DBE is solely responsible for all costs for all required traffic control and public
safety measures.
7.21 Noise Control.
DBE must comply with all applicable noise control laws, ordinances, regulations and
rules. Noise control requirements apply to all equipment used for the Work or related to
the Work, including trucks, transit mixers or transient equipment that may or may not be
owned by DBE
.
7.22 Fire Protection Plan.
If a fire protection plan is required for this Project, within 21 days after the date of
issuance of the Notice to Proceed with Construction Services, DBE must submit to the
City Engineer a fire protection plan that has been reviewed and approved by the Santa
Clara County Fire Department. In addition to any specified requirements for the fire
protection plan, the plan should address all of the following:
(A) Equipment spark arresters;
(B) Fire-extinguishing equipment at the Worksite(s);
(C) Fire response procedures;
(D) Notification to authorities of any fire;
(E) Fire equipment access during performance of the Work and after hours;
(F) Educating and training workers to comply with the fire protection plan
(G) Safe storage and transport of flammable materials; and
(H) Equipment for ventilation and illumination.
7.23 Mined Materials.
Pursuant to Public Contract Code § 20676, DBE will not purchase any sand, gravel, or
other minerals for the Work from an operation subject to the Surface Mining and
Reclamation Act of 1975 (Public Resources Code § 2710 et seq.) unless the DBE
certifies, under penalty of perjury, that the minerals are from a mining operation included
on the AB 3098 List, which may be accessed online at:
https://www.conservation.ca.gov/smgb/Pages/AB-3098-List.aspx.
Article 8 - Payment
8.1 Payment. For all Services performed in compliance with the Contract Documents, City
will compensate DBE in an amount not to exceed the Contract Price, as adjusted by
approved Change Orders, if any, as further specified below.
8.2 Schedule of Values. Prior to commencing the Construction Phase, DBE must prepare
and submit to the Project Manager a schedule of values apportioned to the various
divisions and phases of the Work, including cost allocations for both the Design Services
and the Construction Services to be provided during the Construction Phase. Each line
item contained in the schedule of values must be assigned a value such that the total of
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all items required for the Construction Services does not exceed the Contract Price for
Construction Services under Section 3.1(B) of the Contract. The items must be
sufficiently detailed to enable accurate evaluation of the percentage of completion
claimed in each application for payment, and the assigned value consistent with any
itemized or unit pricing submitted with DBE’s Proposal.
(A) Measurements for Unit Price Work. Materials and items of Work to be paid for
on the basis of unit pricing (if any) will be measured according to the methods specified in
the Contract Documents.
(B) Deleted or Reduced Work. DBE will not be compensated for Work that City has
deleted or reduced in scope, except for any labor, material or equipment costs for such
Work that DBE reasonably incurred before DBE learned that the Work could be deleted
or reduced. DBE will only be compensated for those actual, direct and documented costs
incurred, and will not be entitled to any mark up for overhead or lost profits for deleted or
reduced scope.
8.3 Progress Payments. Following the last day of each month, or as otherwise required by
the Special Conditions or Specifications, DBE will submit to the Project Manager for
approval, a monthly application for payment for Work performed during the preceding
month based on the estimated value of the Design Services or Construction Services
performed during that preceding month.
(A) Application for Payment.
(1) Each application for payment for Design Services must summarize the
Design Services provided during the preceding month and identify each Design
Professional that provided those services.
(2) Each application for payment for Construction Services must be itemized to
include labor, materials, and equipment incorporated into the Work, and
materials and equipment delivered to the Project site, as well as authorized and
approved Change Orders. Each application for payment for Construction
Services must be supported by DBE’s schedule of values and any other
substantiating data required by the Contract Documents. If requested by the
Project Manager, each application for payment for Construction Services must
also be accompanied by an executed Conditional Waiver and Release Upon
Progress Payment, using the form specified in Civil Code § 8132 for each
Subcontractor that performed Work during the period covered by that application.
The application for payment for Construction Services must also include the
monthly report documenting compliance with the Skilled and Trained Workforce
requirements pursuant to Public Contract Code § 2602, and as specified in
Section 9.6, below.
(B) Payment of Undisputed Amounts.
(1) City will pay the undisputed amount due, as certified by the Project Manager,
within 30 days after DBE has submitted a complete and accurate payment
application, subject to Public Contract Code § 20104.50. City will deduct a
percentage from each progress payment as retention, as set forth in Section 8.6,
below, and may withhold additional amounts as set forth in Section 8.4, below.
(2) If required by the Project Manager, within 45 days after receipt of each
payment from City for Construction Services, DBE must submit an executed
Unconditional Waiver and Release Upon Progress Payment, using the form
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specified in Civil Code § 8134, from each Subcontractor that has received a
progress payment from DBE following DBE’s receipt of payment from City.
8.4 Adjustment of Payment Application. City may adjust or reject the amount requested, in
a payment application, including application for Final Payment, in whole or in part, if the
amount requested is disputed or unsubstantiated. DBE will be notified in writing of the
basis for the modifications to the amount requested. City may also deduct or withhold
from payment otherwise due based upon any of the circumstances listed below. Sums
withheld from payment otherwise due will be released when the basis for that withholding
has been remedied and no longer exists.
(A) DBE’s unexcused failure to perform the Work as required by the Contract
Documents, including correction or completion of punch list items City may withhold or
deduct an amount based on the City’s estimated cost to correct or complete the Work;
(B) Loss or damage caused by DBE or its Subcontractors arising out of or relating to
performance of the Work or any failure to protect the Project Site, City may deduct an
amount based on the estimated cost to repair or replace;
(C) DBE’s failure to pay its Subcontractors and suppliers when payment is due, City
may withhold an amount equal to the total of past due payments and may opt to pay that
amount separately via joint check pursuant to Section 8.6(B), Joint Checks.
(D) DBE’s failure to timely correct rejected, nonconforming, or defective Work, City
may withhold or deduct an amount based on the City’s estimated cost to correct or
complete the Work;
(E) For any unreleased stop notice, City may withhold 125% of the amount claimed;
(F) DBE’s failure to submit any required schedule, schedule update or daily reports
in the manner and within the time specified in the Contract Documents, City may withhold
or deduct an amount an amount equal to ten percent of the total amount requested until
DBE complies with its schedule submittal obligations;
(G) DBE’s failure to maintain or submit as-built documents in the manner and within
the time specified in the Contract Documents City may withhold or deduct an amount
based on the City’s cost to prepare the as-builts;
(H) For Work performed without Shop Drawings that have been accepted by City,
when accepted Shop Drawings are required before proceeding with the Work, City may
deduct an amount based on the estimated costs to correct unsatisfactory work or
diminution in value;
(I) For fines, payments, or penalties assessed under the Labor Code, City may
deduct from payments due to DBE as required by Laws and as directed by the Division of
Labor Standards Enforcement;
(J) For any other costs or charges that may be withheld or deducted from payments
to DBE, as provided in the Contract Documents, including liquidated damages, City may
withhold or deduct such amounts from payment otherwise due to DBE; and
(K) For failure to release claims as to undisputed amounts pursuant to Section 8.10,
below
8.5 Early Occupancy. Neither City’s payment of progress payments nor its partial or full use
or occupancy of the Project constitutes acceptance of any part of the Work.
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8.6 Retention. City will retain five percent of the amount due on each progress payment (i.e.,
the amount due before any withholding or deductions pursuant to Section 8.4,
Adjustment to Payment Application), or the percentage stated in the RFP, whichever is
greater, as retention to ensure full and satisfactory performance of the Services. DBE is
not entitled to any reduction in the rate of withholding at any time, nor to release of any
retention before 35 days following City’s recordation of the Notice of Completion, subject
to the terms of Public Contract Code § 7107.
(A) Substitution of Securities. As provided by Public Contract Code § 22300, DBE
may request in writing that it be allowed, at its sole expense, to substitute securities for
the retention withheld by City. Any escrow agreement entered into pursuant to this
provision will fully comply with Public Contract Code § 22300 and will be subject to
approval as to form by City’s legal counsel. If City exercises its right to draw upon such
securities in the event of default pursuant to section (7) of the statutory Escrow
Agreement for Security Deposits in Lieu of Retention, pursuant to subdivision (f) of Public
Contract Code § 22300 (“Escrow Agreement”), and if DBE disputes that it is in default, its
sole remedy is to comply with the dispute resolution procedures in Article 12 and the
provisions therein. It is agreed that if any individual authorized to give or receive written
notice on behalf of a party pursuant to section (10) of the Escrow Agreement are
unavailable to give or receive notice on behalf of that party due to separation from
employment, retirement, death, or other circumstances, the successor or delegee of the
named individual is deemed to be the individual authorized to give or receive notice
pursuant to section (10) of the Escrow Agreement.
(B) Release of Undisputed Retention. All undisputed retention, less any amounts
that may be assessed as liquidated damages, retained for stop notices, or otherwise
withheld pursuant to Section 8.4 or 8.7, will be released as Final Payment to DBE no
sooner than 35 days following recordation of the notice of completion, and no later than
60 days following acceptance of the Project by City’s governing body or authorized
designee pursuant to Section 11.1(C) Acceptance, or, if the Project has not been
accepted, no later than 60 days after the Project is otherwise considered complete
pursuant to Public Contract Code § 7107(c), as determined by City based on its records.
8.7 Setoff. City is entitled to set off any amounts due from DBE against any payments due to
DBE. City’s entitlement to setoff includes progress payments as well as Final Payment
and release of retention.
8.8 Payment to Subcontractors and Suppliers. Each month, DBE must promptly pay each
Subcontractor and supplier the value of the portion of labor, materials, and equipment
incorporated into the Work or delivered to the Project site by the Subcontractor or
supplier during the preceding month. Such payments must be made in accordance with
the requirements of Laws pertaining to such payments, and those of the Contract
Documents and applicable subcontract or supplier contract.
(A) Withholding for Stop Notice. City will withhold 125% of the amount claimed by
an unreleased stop notice, a portion of which may be retained by City for the costs
incurred in handling the stop notice claim, including attorneys’ fees and costs, as
authorized by law.
(B) Joint Checks. City reserves the right, acting in its sole discretion, to issue joint
checks made payable to DBE and its Subconsultants, Subcontractors or suppliers, if City
determines this is necessary to ensure fair and timely payment for a Subcontractor or
supplier who has provided services or goods for the Project. As a condition to release of
payment by a joint check, the joint check payees may be required to execute a joint
check agreement in a form provided or approved by the City Attorney’s Office. The joint
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check payees will be jointly and severally responsible for the allocation and disbursement
of funds paid by joint check. Payment by joint check will not be construed to create a
contractual relationship between City and a Subcontractor or supplier of any tier beyond
the scope of the joint check agreement.
8.9 Final Payment. DBE’s application for Final Payment must comply with the requirements
for submitting an application for a progress payment as stated in Section 8.3, above.
Corrections to previous progress payments, including adjustments to estimated quantities
for unit priced items, may be included in the Final Payment. If DBE fails to submit a timely
application for Final Payment, City reserves the right to unilaterally process and issue
Final Payment without an application from DBE in order to close out the Project. For the
purposes of determining the deadline for Claim submission pursuant to Article 12, the
date of Final Payment is deemed to be the date that City acts to release undisputed
retention as final payment to DBE, or otherwise provides written notice to DBE of Final
Payment or that no undisputed funds remain available for Final Payment due to offsetting
withholdings or deductions pursuant to Section 8.4, Adjustment of Payment Application. If
the amount due from DBE to City exceeds the amount of Final Payment, City retains the
right to recover the balance from DBE or its sureties.
8.10 Release of Claims. City may, at any time, require that payment of the undisputed portion
of any progress payment or Final Payment (excepting undisputed retention subject to
release under Public Contract Code § 7107) be contingent upon DBE furnishing City with
a written waiver and release of all claims against City arising from or related to the portion
of Work covered by those undisputed amounts subject to the limits of Public Contract
Code § 7100. The waiver and release of claims must be submitted using the City’s
Release of Claims form. Any disputed amounts may be specifically excluded from the
release.
8.11 Warranty of Title. DBE warrants that title to all work, materials, or equipment
incorporated into the Work or delivered to a Project site, and included in a request for
payment will pass over to City free of any claims, liens, or encumbrances upon any
payment to DBE.
Article 9 - Labor Provisions
9.1 Discrimination Prohibited. Discrimination against any prospective or present employee
engaged in the Work on grounds of race, color, ancestry, national origin, ethnicity,
religion, sex, sexual orientation, age, disability, or marital status is strictly prohibited. DBE
and its Subcontractors are required to comply with all applicable Laws prohibiting
discrimination, including the California Fair Employment and Housing Act (Government
Code § 12900 et seq.), Government Code § 11135, and Labor Code §§ 1735, 1777.5,
1777.6, and 3077.5.
9.2 Labor Code Requirements. The following requirements apply to any work classified as
"public works" pursuant to Labor Code § 1720 et seq. (and any corresponding
regulations):
(A) Eight Hour Day. Pursuant to Labor Code § 1810, eight hours of labor constitute
a legal day’s work under this Contract.
(B) Penalty. Pursuant to Labor Code § 1813, DBE will forfeit to City as a penalty, the
sum of $25.00 for each day during which a worker employed by DBE or any
Subcontractor is required or permitted to work more than eight hours in any one calendar
day or more than 40 hours per calendar week, except if such workers are paid overtime
under Labor Code § 1815.
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(C) Apprentices. DBE is responsible for compliance with the requirements
governing employment and payment of apprentices, as set forth in Labor Code § 1777.5,
which is fully incorporated by reference.
(D) Notices. Pursuant to Labor Code § 1771.4, DBE is required to post all job site
notices prescribed by Laws.
9.3 Prevailing Wages. Each worker performing Work under this Contract that is covered
under Labor Code § 1720 or 1720.9, including cleanup at the Project site, must be paid at
a rate not less than the prevailing wage as defined in § 1771 and 1774 of the Labor
Code. The prevailing wage rates are on file with the City and available online at
http://www.dir.ca.gov/dlsr. DBE must post a copy of the applicable prevailing rates at the
Project site.
(A) Penalties. Pursuant to Labor Code § 1775, DBE and any Subcontractor will
forfeit to City as a penalty up to $200.00 for each calendar day, or portion a day, for each
worker paid less than the applicable prevailing wage rate. DBE must also pay each
worker the difference between the applicable prevailing wage rate and the amount
actually paid to that worker.
(B) Federal Requirements. If the Project is subject to federal prevailing wage
requirements in addition to California prevailing wage requirements, DBE and its
Subcontractors are required to pay the higher of the currently applicable prevailing wage
rates.
9.4 Payroll Records. At all times during performance of Construction Services, DBE must
comply with the provisions of Labor Code §§ 1776 and 1812 and all implementing
regulations, which are fully incorporated by this reference, including requirements for
electronic submission of payroll records.
(A) DBE and Subcontractor Obligations. DBE and each Subcontractor must keep
accurate payroll records, showing the name, address, social security number, work
classification, straight time and overtime hours worked each day and week, and the
actual per diem wages paid to each journeyman, apprentice, worker, or other employee
employed in connection with the Work. Each payroll record must contain or be verified by
a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct.
(2) DBE or Subcontractor has complied with the requirements of Labor Code §§
1771, 1811, and 1815 for any Work performed by its employees on the Project.
(B) Certified Record. A certified copy of an employee’s payroll record must be made
available for inspection or furnished to the employee or his or her authorized
representative on request, to City, or to the Division of Labor Standards Enforcement,
and the Division of Apprenticeship Standards of the DIR, and as further required by the
Labor Code.
(C) Enforcement. Upon notice of noncompliance with Labor Code § 1776, DBE or
Subcontractor has ten days in which to comply with the requirements of this section. If
DBE or Subcontractor fails to do so within the ten day period, DBE or Subcontractor will
forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom
compliance is required, until strict compliance is achieved. Upon request by the Division
of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these
penalties will be withheld from progress payments then due to the DBE.
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9.5 Labor Compliance. Pursuant to Labor Code § 1771.4, Services subject to this Article
are subject to compliance monitoring and enforcement by the DIR.
9.6 Skilled and Trained Workforce. DBE and its Subcontractors of every tier must use a
Skilled and Trained Workforce, to perform all Work on the Project that falls within an
apprenticeable occupation in the building and construction trades. DBE will submit a
report each month to the City demonstrating compliance with this requirement during the
previous calendar month. The monthly report on compliance with Skilled and Trained
Workforce compliance during the previous calendar month, must be submitted with
DBE’s monthly application for progress payments.
Article 10 - Safety Provisions
10.1 Safety Precautions and Programs. DBE and its Subcontractors are fully responsible for
safety precautions and programs, and for the safety of persons and property in the
performance of the Work. DBE and its Subcontractors must at all times comply with all
applicable safety Laws and seek to avoid injury, loss, or damage to persons or property
by taking reasonable steps to protect its employees and other persons at the Worksite,
materials and equipment stored on or off site, and property at or adjacent to the Worksite.
(A) Reporting Requirements. DBE must immediately notify the City of any death,
serious injury or illness resulting from Work on the Project. DBE must immediately
provide a written report to City of each recordable accident or injury occurring at any
Worksite within 24 hours of the occurrence. The written report must include: (1) the name
and address of the injured or deceased person; (2) the name and address of each
employee of DBE or of any Subcontractor involved in the incident; (3) a detailed
description of the incident, including precise location, time, and names and contact
information for known witnesses; and (4) a police or first responder report, if applicable. If
DBE is required to file an accident report with a government agency, DBE will provide a
copy of the report to City.
(B) Legal Compliance. DBE’s safety program must comply with the applicable legal
and regulatory requirements. DBE must provide City with copies of all notices required by
Laws.
(C) DBE’s Obligations. Any damage or loss caused by DBE arising from the Work
which is not insured under property insurance must be promptly remedied by DBE.
(D) Remedies. If City determines, in its sole discretion, that any part of the Work or
Project site is unsafe, City may, without assuming responsibility for DBE’s safety
program, require DBE or its Subcontractor to cease performance of the Work or to take
corrective measures to City’s satisfaction. If DBE fails to promptly take the required
corrective measures, City may perform them and deduct the cost from the Contract Price.
DBE agrees it is not entitled to submit a Claim for damages, for an increase in Contract
Price, or for a change in Contract Time based on DBE’s compliance with City’s request
for corrective measures pursuant to this provision.
10.2 Hazardous Materials. Unless otherwise specified, this Contract does not include the
removal, handling, or disturbance of any asbestos or other Hazardous Materials. If DBE
encounters materials on the Project site that DBE reasonably believes to be asbestos or
other Hazardous Materials, and the asbestos or other Hazardous Materials have not
been rendered harmless, DBE may continue Work in unaffected areas reasonably
believed to be safe, but must immediately cease work on the area affected and report the
condition to City. No asbestos, asbestos-containing products or other Hazardous
Materials may be used in performance of the Work.
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10.3 Material Safety. DBE is solely responsible for complying with § 5194 of Title 8 of the
California Code of Regulations, including by providing information to DBE’s employees
about any hazardous chemicals to which they may be exposed in the course of the Work.
A hazard communication program and other forms of warning and training about such
exposure must be used. DBE must also maintain Safety Data Sheets (“SDS”) at the
Project site, as required by Laws, for materials or substances used or consumed in the
performance of the Work. The SDS will be accessible and available to DBE’s employees,
Subcontractors, and City.
(A) DBE Obligations. DBE is solely responsible for the proper delivery, handling,
use, storage, removal, and disposal of all materials brought to the Project site and/or
used in the performance of the Work. DBE must notify the City Engineer if a specified
product or material cannot be used safely.
(B) Labeling. DBE must ensure proper labeling on any material brought onto the
Project site so that any persons working with or in the vicinity of the material may be
informed as to the identity of the material, any potential hazards, and requirements for
proper handling, protections, and disposal.
10.4 Hazardous Condition. DBE is solely responsible for determining whether a hazardous
condition exists or is created during the course of the Work, involving a risk of bodily
harm to any person or risk of damage to any property. If a hazardous condition exists or
is created, DBE must take all precautions necessary to address the condition and ensure
that the Work progresses safely under the circumstances. Hazardous conditions may
result from, but are not limited to, use of specified materials or equipment, the Work
location, the Project site condition, the method of construction, or the way any Work must
be performed.
10.5 Emergencies. In an emergency affecting the safety or protection of persons, Work, or
property at or adjacent to any Worksite, DBE must take reasonable and prompt actions to
prevent damage, injury, or loss, without prior authorization from the City if, under the
circumstances, there is inadequate time to seek prior authorization from the City.
Article 11 - Completion and Warranty Provisions
11.1 Final Completion.
(A) Final Inspection and Punch List. When the Work required by this Contract is
fully performed, DBE must provide written notification to City requesting final inspection.
The Project Manager will schedule the date and time for final inspection, which must
include DBE’s primary representative for this Project and its superintendent for the
Construction Services. Based on that inspection, City will prepare a punch list of any
items that are incomplete, incorrectly installed, or otherwise not operating as required by
the Contract Documents. City will deliver the punch list to DBE and will specify the time
by which all of the punch list items must be completed or corrected. The punch list may
include City’s estimated cost to complete each punch list item if DBE fails to do so within
the specified time. The omission of any non-compliant item from a punch list will not
relieve DBE from fulfilling all requirements of the Contract Documents. DBE’s failure to
complete any punch list item within the time specified in the punch list will not waive or
abridge its warranty obligations for any such items that must be completed by the City or
by a third party retained by the City due to DBE’s failure to timely complete any such
outstanding item. If DBE requests final inspection and City determines that Work
exceeding five percent of the total value of the Contract, as adjusted, remains unfinished,
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DBE will be responsible for City’s costs, including staff time, for performance of the final
inspection on a premature basis.
(B) Requirements for Final Completion. Final Completion will be achieved upon
completion or correction of all punch list items, as verified by City’s further inspection, and
upon satisfaction of all other Contract requirements, including any commissioning
required under the Contract Documents and submission of all final submittals,
instructions and manuals as required under Section 7.9, and as-built drawings as
required under Section 7.10, all to City’s satisfaction.
(C) Acceptance. The Project will be considered accepted upon City Council action
during a public meeting to accept the Project, unless the City Engineer is authorized to
accept the Project, in which case the Project will be considered accepted upon the date
of the City Engineer’s issuance of a written notice of acceptance. In order to avoid delay
of Project close out, the City may elect, acting in its sole discretion, to accept the Project
as complete subject to exceptions for punch list items that are not completed within the
time specified in the punch list.
(D) Final Payment and Release of Retention. Final Payment and release of
retention, less any sums withheld pursuant to the provisions of the Contract Documents,
will not be made sooner than 35 days after recordation of the notice of completion. If DBE
fails to complete all of the punch list items within the specified time, City may withhold up
to 150% of City’s estimated cost to complete each of the remaining items from Final
Payment and may use the withheld retention to pay for the costs to self-perform the
outstanding items or to retain a third party to complete any such outstanding punch list
item.
11.2 Warranty.
(A) General. DBE warrants that all materials and equipment will be new unless
otherwise specified, of good quality, in conformance with the Contract Documents, and
free from defective workmanship and materials. DBE further warrants that the Work will
be free from material defects not intrinsic in the design or materials required in the
Contract Documents. DBE warrants that materials or items incorporated into the Work
comply with the requirements and standards in the Contract Documents, including
compliance with Laws, and that any Hazardous Materials encountered or used were
handled as required by Laws. At City’s request, DBE must furnish satisfactory evidence
of the quality and type of materials and equipment furnished. DBE’s warranty does not
extend to damage caused by normal wear and tear, or improper use or maintenance.
(B) Warranty Period. DBE’s warranty must guarantee its Work for a period of one
year from the date of recordation of the notice of completion (the “Warranty Period”),
except when a longer guarantee is provided by a supplier or manufacturer or is required
by the Specifications or Special Conditions. DBE must obtain from its Subcontractors,
suppliers and manufacturers any special or extended warranties required by the Contract
Documents.
(C) Warranty Documents. As a condition precedent to Final Completion, DBE must
supply City with all warranty and guarantee documents relevant to equipment and
materials incorporated into the Work and guaranteed by their suppliers or manufacturers.
(D) Subcontractors. The warranty obligations in the Contract Documents apply to
Work performed by DBE and its Subcontractors, and DBE agrees to be co-guarantor of
such Work.
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(E) DBE’s Obligations. Upon written notice from City to DBE of any defect in the
Work discovered during the Warranty Period, DBE or its responsible Subcontractor must
promptly correct the defective Work at its own cost. DBE’s obligation to correct defects
discovered during the Warranty Period will continue past the expiration of the Warranty
Period as to any defects in Work for which DBE was notified prior to expiration of the
Warranty Period. Work performed during the Warranty Period (“Warranty Work”) will be
subject to the warranty provisions in this Section 11.2 for a one-year period that begins
upon completion of such Warranty Work to City’s satisfaction.
(F) City’s Remedies. If DBE and/or its responsible Subcontractor fails to correct
defective Work within ten days following notice by City, or sooner if required by the
circumstances, DBE expressly agrees that City may correct the defects to conform with
the Contract Documents at DBE’s sole expense, and DBE agrees to reimburse City for its
costs in accordance with subsection (H), below.
(G) Emergency Repairs. In cases of emergency where any delay in correcting
defective Work could cause harm, loss or damage, City may immediately correct the
defects to conform with the Contract Documents at DBE’s sole expense. DBE or its
surety must reimburse City for its costs in accordance with subsection (H), below.
(H) Reimbursement. DBE must reimburse City for its costs to repair under
subsections (F) or (G), above, within 30 days following City’s submission of a demand for
payment pursuant to this provision. If City is required to initiate legal action to compel
DBE’s compliance with this provision, and City is the prevailing party in such action, DBE
and its surety are solely responsible for all of City’s attorney’s fees and legal costs
expended to enforce DBE’s warranty obligations herein, in addition to any and all costs
City incurs to correct the defective Work.
11.3 Use Prior to Final Completion. City reserves the right to occupy or make use of the
Project, or any portions of the Project, prior to Final Completion if City has determined
that the Project or portion of it is in a condition suitable for the proposed occupation or
use, and that it is in its best interest to occupy or make use of the Project, or any portions
of it, prior to Final Completion. City will notify DBE in writing of its intent to occupy or
make use of the Project or any portions of the Project, pursuant to this provision.
(A) Non-Waiver. Occupation or use of the Project, in whole or in part prior to Final
Completion will not operate as acceptance of the Work or any portion of it, nor will it
operate as a waiver of any of City’s rights or DBE’s duties pursuant to these Contract
Documents, and will not affect nor bear on the determination of the time of substantial
completion with respect to any statute of repose pertaining to the time for filing an action
for construction defect.
(B) City’s Responsibility. City will be responsible for the cost of maintenance and
repairs due to normal wear and tear with respect to those portions of the Project that are
being occupied or used before Final Completion. The Contract Price or the Contract Time
may be adjusted pursuant to the applicable provisions of these Contract Documents if,
and only to the extent that, any occupation or use under this Section actually adds to
DBE’s cost or time to complete the Work within the Contract Time.
11.4 Substantial Completion. For purposes of determining “substantial completion” with
respect to any statute of repose pertaining to the time for filing an action for construction
defect, “substantial completion” is deemed to mean the last date that DBE or any
Subcontractor performs Work on the Project prior to recordation of the notice of
completion, except for warranty work performed under this Article.
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Article 12 - Dispute Resolution
12.1 Claims. This Article applies to and provides the exclusive procedures for any Claim
arising from or related to the Contract or performance of the Work.
(A) Limitations. A Claim may only include the portion of a previously rejected
demand that remains in dispute between DBE and City. With the exception of any dispute
regarding the amount of money actually paid to DBE as Final Payment, DBE is not
entitled to submit a Claim demanding a change in the Contract Time or the Contract
Price, which has not previously been submitted to City in full compliance with Article 5
and Article 6, and subsequently rejected in whole or in part by City.
(B) Scope of Article. This Article is intended to provide the exclusive procedures for
submission and resolution of Claims of any amount, and applies in addition to the
provisions of Public Contract Code § 9204 and § 20104 et seq., which are incorporated
by reference herein.
(C) No Work Delay. Notwithstanding the submission of a Claim or any other dispute
between the parties related to the Project or the Contract Documents, DBE must perform
the Work and may not delay or cease Work pending resolution of a Claim or other
dispute, but must continue to diligently prosecute the performance and timely completion
of the Work, including the Work pertaining to the Claim or other dispute.
(D) Informal Resolution. DBE will make a good faith effort to informally resolve a
dispute before initiating a Claim, preferably by face-to-face meeting between authorized
representatives of DBE and City.
12.2 Claims Submission. The following requirements apply to any Claim subject to this
Article:
(A) Substantiation. The Claim must be submitted to City in writing by registered or
certified mail with return receipt requested and clearly identified as a “Claim” submitted
pursuant to this Article 12, and must include all of the documents necessary to
substantiate the Claim including the Change Order request that was rejected in whole or
in part, and a copy of City’s written rejection that is in dispute. The Claim must clearly
identify and describe the dispute, including relevant references to applicable portions of
the Contract Documents, and a chronology of relevant events. Any Claim for additional
payment must include a complete, itemized breakdown of all known or estimated labor,
materials, taxes, insurance, and subcontract, or other costs. Substantiating
documentation such as payroll records, receipts, invoices, or the like, must be submitted
in support of each component of claimed cost. Any Claim for an extension of time or
delay costs must be substantiated with a schedule analysis and narrative depicting and
explaining claimed time impacts.
(B) Claim Format and Content. A Claim must be submitted in the following format:
(1) Provide a cover letter, specifically identifying the submission as a “Claim”
submitted under this Article 12, and specifying the requested remedy (e.g.,
amount of proposed change to Contract Price and/or change to Contract Time).
(2) Provide a summary of each Claim, including underlying facts and the basis for
entitlement, and identify each specific demand at issue, including the specific
Change Order request (by number and submittal date), and the date of City's
rejection of that demand, in whole or in part.
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(3) Provide a detailed explanation of each issue in dispute. For multiple issues
included within a single Claim or for multiple Claims submitted concurrently,
separately number and identify each individual issue or Claim, and include the
following for each separate issue or Claim:
a. A succinct statement of the matter in dispute, including DBE’s
position and the basis for that position;
b. Identify and attach all documents that substantiate the Claim,
including relevant provisions of the Contract Documents, calculations,
and schedule analysis (see subsection (A), Substantiation, above);
c. A chronology of relevant events; and
d. Analysis and basis for claimed changes to Contract Price,
Contract Time, or any other remedy requested.
(4) Provide a summary of issues and corresponding claimed damages. If, by the
time of the Claim submission deadline (below), the precise amount of the
requested change in the Contract Price or Contract Time is not yet known, DBE
must provide a good faith estimate, including the basis for that estimate, and
must identify the date by which it is anticipated that the Claim will be updated to
provide final amounts.
(5) Include the following certification, executed by DBE’s authorized
representative:
“The undersigned DBE certifies under penalty of perjury that its statements and
representations in this Claim submittal are true and correct. DBE warrants that
this Claim submittal is comprehensive and complete as to the matters in dispute,
and agrees that any costs, expenses, or delay claim not included herein are
deemed waived. DBE understands that submission of a Claim which has no
basis in fact or which DBE knows to be false may violate the False Claims Act
(Government Code § 12650 et seq.).”
(C) Submission Deadlines.
(1) A Claim must be submitted within 21 days following the date that City notified
DBE in writing that a request for a change in the Contract Time or Contract Price,
duly submitted in compliance with Article 5 and Article 6, has been rejected in
whole or in part. A Claim disputing the terms of a unilateral Change Order must
be submitted within 21 days following the date of issuance of the unilateral
Change Order. These Claim deadlines apply even if DBE cannot yet quantify the
total amount of any requested change in the Contract Time or Contract Price. If
the DBE cannot quantify those amounts, it must submit an estimate of the
amounts claimed pending final determination of the requested remedy by DBE.
(2) With the exception of any dispute regarding the amount of Final Payment, any
Claim must be filed on or before the date of Final Payment, or will be deemed
waived.
(3) A Claim disputing the amount of Final Payment must be submitted within 21
days of the effective date of Final Payment, under Section 8.9, Final Payment.
(4) Strict compliance with these Claim submission deadlines is necessary to
ensure that any dispute may be mitigated as soon as possible, and to facilitate
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cost-efficient administration of the Project. Any Claim that is not submitted
within the specified deadlines will be deemed waived by DBE.
12.3 City’s Response. City will respond within 45 days of receipt of the Claim with a written
statement identifying which portion(s) of the Claim are disputed, unless the 45-day period
is extended by mutual agreement of City and DBE or as otherwise allowed under Public
Contract Code § 9204. However, if City determines that the Claim is not adequately
substantiated pursuant to Section 12.2(A), Substantiation, City may first request in
writing, within 30 days of receipt of the Claim, any additional documentation supporting
the Claim or relating to defenses to the Claim that City may have against the Claim.
(A) Additional Information. If additional information is thereafter required, it may be
requested and provided upon mutual agreement of City and DBE. If DBE’s Claim is
based on estimated amounts, DBE has a continuing duty to update its Claim as soon as
possible with information on actual amounts in order to facilitate prompt and fair
resolution of the Claim.
(B) Non-Waiver. Any failure by City to respond within the times specified above will
not be construed as acceptance of the Claim in whole or in part, or as a waiver of any
provision of these Contract Documents.
12.4 Meet and Confer. If DBE disputes City’s written response, or City fails to respond within
the specified time, within 15 days of receipt of City’s response, or within 15 days of City’s
failure to respond within the applicable 45-day time period under Section 12.3,
respectively, DBE may notify City of the dispute in writing sent by registered or certified
mail, return receipt requested, and demand an informal conference to meet and confer
for settlement of the issues in dispute. If DBE fails to dispute City’s response in writing
within the specified time, DBE’s Claim will be deemed waived.
(A) Schedule Meet and Confer. Upon receipt of the demand to meet and confer, City
will schedule the meet and confer conference to be held within 30 days, or later if needed
to ensure the mutual availability of each of the individuals that each party requires to
represent its interests at the meet and confer conference.
(B) Location for Meet and Confer. The meet and confer conference will be scheduled at
a location at or near City’s principal office.
(C) Written Statement After Meet and Confer. Within ten working days after the meet
and confer has concluded, City will issue a written statement identifying which portion(s)
of the Claim remain in dispute, if any.
(D) Submission to Mediation. If the Claim or any portion remains in dispute following
the meet and confer conference, within ten working days after the City issues the written
statement identifying any portion(s) of the Claim remaining in dispute, the DBE may
identify in writing disputed portion(s) of the Claim, which will be submitted for mediation,
as set forth below.
12.5 Mediation and Government Code Claims.
(A) Mediation. Within ten working days after the City issues the written statement
identifying any portion(s) of the Claim remaining in dispute following the meet and confer,
City and DBE will mutually agree to a mediator, as provided under Public Contract Code
§ 9204. Mediation will be scheduled to ensure the mutual availability of the selected
mediator and all of the individuals that each party requires to represent its interests. If
there are multiple Claims in dispute, the parties may agree to schedule the mediation to
address all outstanding Claims at the same time. The parties will share the costs of the
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mediator and mediation fees equally, but each party is otherwise solely and separately
responsible for its own cost to prepare for and participate in the mediation, including
costs for its legal counsel or any other consultants.
(B) Government Code Claims.
(1) Timely presentation of a Government Code Claim is a condition precedent to
filing any legal action based on or arising from the Contract. Compliance with the
Claim submission requirements in this Article 12 is a condition precedent to filing
a Government Code Claim.
(2) The time for filing a Government Code Claim will be tolled from the time DBE
submits its written Claim pursuant to Section 12.2, above, until the time that
Claim is denied in whole or in part at the conclusion of the meet and confer
process, including any period of time used by the meet and confer process.
However, if the Claim is submitted to mediation, the time for filing a Government
Code Claim will be tolled until conclusion of the mediation, including any
continuations, if the Claim is not fully resolved by mutual agreement of the parties
during the mediation or any continuation of the mediation.
12.6 Tort Claims. This Article does not apply to tort claims and nothing in this Article is
intended nor will be construed to change the time periods for filing tort-based
Government Code Claims.
12.7 Arbitration. It is expressly agreed, under Code of Civil Procedure § 1296, that in any
arbitration to resolve a dispute relating to this Contract, the arbitrator’s award must be
supported by law and substantial evidence.
12.8 Burden of Proof and Limitations. DBE bears the burden of proving entitlement to and
the amount of any claimed damages. DBE is not entitled to damages calculated on a total
cost basis, but must prove actual damages. DBE is not entitled to speculative, special, or
consequential damages, including home office overhead or any form of overhead not
directly incurred at the Project site or any other Worksite; lost profits; loss of productivity;
lost opportunity to work on other projects; diminished bonding capacity; increased cost of
financing for the Project; extended capital costs; non-availability of labor, material or
equipment due to delays; or any other indirect loss arising from the Contract. The
Eichleay Formula or similar formula will not be used for any recovery under the Contract.
The City will not be directly liable to any Subcontractor or supplier.
12.9 Legal Proceedings. In any legal proceeding that involves enforcement of any
requirements of the Contract Documents, the finder of fact will receive detailed
instructions on the meaning and operation of the Contract Documents, including
conditions, limitations of liability, remedies, claim procedures, and other provisions
bearing on the defenses and theories of liability. Detailed findings of fact will be
requested to verify enforcement of the Contract Documents. All of the City's remedies
under the Contract Documents will be construed as cumulative, and not exclusive, and
the City reserves all rights to all remedies available under law or equity as to any dispute
arising from or relating to the Contract Documents or performance of the Work.
12.10 Other Disputes. The procedures in this Article 12 will apply to any and all disputes or
legal actions, in addition to Claims, arising from or related to this Contract, including
disputes regarding suspension or early termination of the Contract, unless and only to the
extent that compliance with a procedural requirement is expressly and specifically waived
by City. Nothing in this Article is intended to delay suspension or termination under Article
13.
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Article 13 - Suspension and Termination
13.1 Suspension for Cause. In addition to all other remedies available to City, if DBE fails to
perform or correct Work in accordance with the Contract Documents, including non-
compliance with applicable environmental or health and safety Laws, City may
immediately order the Work, or any portion of it, suspended until the circumstances giving
rise to the suspension have been eliminated to City’s satisfaction.
(A) Notice of Suspension. Upon receipt of City’s written notice to suspend the
Work, in whole or in part, except as otherwise specified in the notice of suspension, DBE
and its Subcontractors must promptly stop Work as specified in the notice of suspension;
comply with directions for cleaning and securing the Worksite; and protect the completed
and in-progress Work and materials. DBE is solely responsible for any damages or loss
resulting from its failure to adequately secure and protect the Project.
(B) Resumption of Work. Upon receipt of the City’s written notice to resume the
suspended Work, in whole or in part, except as otherwise specified in the notice to
resume, DBE and its Subcontractors must promptly re-mobilize and resume the Work as
specified; and within ten days from the date of the notice to resume, DBE must submit a
recovery schedule, prepared in accordance with the Contract Documents, showing how
DBE will complete the Work within the Contract Time.
(C) Failure to Comply. DBE will not be entitled to an increase in the Contract Time
or Contract Price for a suspension occasioned by DBE’s failure to comply with the
Contract Documents.
(D) No Duty to Suspend. City’s right to suspend the Work will not give rise to a duty
to suspend the Work, and City’s failure to suspend the Work will not constitute a defense
to DBE’s failure to comply with the requirements of the Contract Documents.
13.2 Suspension for Convenience. City reserves the right to suspend, delay, or interrupt the
performance of the Work in whole or in part, for a period of time determined to be
appropriate for City’s convenience. Upon notice by City pursuant to this provision, DBE
must immediately suspend, delay, or interrupt the Work and secure the Project site as
directed by City except for taking measures to protect completed or in-progress Work as
directed in the suspension notice, and subject to the provisions of Section 13.1(A) and
(B), above. If DBE submits a timely request for a Change Order in compliance with
Articles 5 and 6, the Contract Price and the Contract Time will be equitably adjusted by
Change Order pursuant to the terms of Articles 5 and 6 to reflect the cost and delay
impact occasioned by such suspension for convenience, except to the extent that any
such impacts were caused by DBE’s failure to comply with the Contract Documents or
the terms of the suspension notice or notice to resume. However, the Contract Time will
only be extended if the suspension causes or will cause unavoidable delay in Final
Completion. If DBE disputes the terms of a Change Order issued for such equitable
adjustment due to suspension for convenience, its sole recourse is to comply with the
Claim procedures in Article 12.
13.3 Termination for Default. City may declare that DBE is in default of the Contract for a
material breach of or inability to fully, promptly, or satisfactorily perform its obligations
under the Contract.
(A) Default. Events giving rise to a declaration of default include DBE’s refusal or
failure to supply sufficient skilled workers, proper materials, or equipment to perform the
Work within the Contract Time; DBE’s refusal or failure to make prompt payment to its
employees, Subcontractors, or suppliers or to correct defective Work or damage; DBE’s
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failure to comply with Laws, or orders of any public agency with jurisdiction over the
Project; evidence of DBE’s bankruptcy, insolvency, or lack of financial capacity to
complete the Work as required within the Contract Time; suspension, revocation, or
expiration and nonrenewal of contractor’s license or DIR registration; dissolution,
liquidation, reorganization, or other major change in DBE’s organization, ownership,
structure, or existence as a business entity; unauthorized assignment of DBE’s rights or
duties under the Contract; or any material breach of the Contract requirements.
(B) Notice of Default and Opportunity to Cure. Upon City’s declaration that DBE is
in default due to a material breach of the Contract Documents, if City determines that the
default is curable, City will afford DBE the opportunity to cure the default within ten days
of City’s notice of default, or within a period of time reasonably necessary for such cure,
including a shorter period of time if applicable.
(C) Termination. If DBE fails to cure the default or fails to expediently take steps
reasonably calculated to cure the default within the time period specified in the notice of
default, City may issue written notice to DBE and its surety of City’s termination of the
Contract for default.
(D) Waiver. Time being of the essence in the performance of the Work, if DBE’s
surety fails to arrange for completion of the Work in accordance with the Performance
Bond within seven calendar days from the date of the notice of termination, DBE’s surety
will be deemed to have waived its right to complete the Work under the Contract, and
City may immediately make arrangements for the completion of the Work through use of
its own forces, by hiring a replacement contractor, or by any other means that City
determines advisable under the circumstances. DBE and its surety will be jointly and
severally liable for any additional cost incurred by City to complete the Work following
termination, where “additional cost” means all cost in excess of the cost City would have
incurred if DBE had timely completed Work without the default and termination. In
addition, City will have the right to immediate possession and use of any materials,
supplies, and equipment procured for the Project and located at the Project site or any
Worksite on City property for the purposes of completing the remaining Work.
(E) Compensation. Within 30 days of receipt of updated as-builts, all warranties,
manuals, instructions, or other required documents for Work installed to date, and
delivery to City of all equipment and materials for the Project for which DBE has already
been compensated, DBE will be compensated for the Work satisfactorily performed in
compliance with the Contract Documents up to the effective date of the termination
pursuant to the terms of Article 8, Payment, subject to City’s rights to withhold or deduct
sums from payment otherwise due pursuant to Section 8.4, and excluding any costs DBE
incurs as a result of the termination, including any cancellation or restocking charges or
fees due to third parties. If DBE disputes the amount of compensation determined by
City, its sole recourse is to comply with the Claim Procedures in Article 12, by submitting
a Claim no later than 30 days following notice from City of the total compensation to be
paid by City.
(F) Wrongful Termination. If DBE disputes the termination, its sole recourse is to
comply with the Claim procedures in Article 12. If a court of competent jurisdiction or an
arbitrator later determines that the termination for default was wrongful, the termination
will be deemed to be a termination for convenience, and DBE’s damages will be strictly
limited to the compensation provided for termination for convenience under Section 13.4,
below. DBE waives any claim for any other damages for wrongful termination including
special or consequential damages, lost opportunity costs, or lost profits, and any award of
damages is subject to Section 12.8, Burden of Proof and Limitations.
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13.4 Termination for Convenience. City reserves the right to terminate all or part of the
Contract for convenience upon written notice to DBE.
(A) Compensation to DBE. In the event of City’s termination for convenience, DBE waives
any claim for damages, including for loss of anticipated profits from the Project. The
following will constitute full and fair compensation to DBE, and DBE will not be entitled to
any additional claim or compensation:
(1) Completed Work. The value of its Work satisfactorily performed as of the date
notice of termination is received, based on DBE’s schedule of values and unpaid
costs for items delivered to the Project site that were fabricated for incorporation
in the Work;
(2) Demobilization. Demobilization costs specified in the schedule of values, or if
demobilizations cost were not provided in a schedule of values, then based on
actual, reasonable, and fully documented demobilization costs; and
(3) Termination Markup. Five percent of the total value of the Work performed as
of the date of notice of termination, including reasonable, actual, and
documented costs to comply with the direction in the notice of termination for
convenience, and demobilization costs, which is deemed to cover all overhead
and profit to date.
(B) Disputes. If DBE disputes the amount of compensation determined by City
pursuant to paragraph (A), above, its sole recourse is to comply with the Claim
procedures in Article 12, by submitting a Claim no later than 30 days following notice
from City of total compensation to be paid by City.
13.5 Actions Upon Termination for Default or Convenience. The following provisions apply
to any termination under this Article, whether for default or convenience, and whether in
whole or in part.
(A) General. Upon termination City may immediately enter upon and take
possession of the Project and the Work and all tools, equipment, appliances, materials,
and supplies procured or fabricated for the Project. DBE will transfer title to and deliver all
completed Work and all Work in progress to City.
(B) Submittals. Unless otherwise specified in the notice of termination, DBE must
immediately submit to City all designs, drawings, as-built drawings, Project records,
contracts with vendors and Subcontractors, manufacturer warranties, manuals, and other
such submittals or Work-related documents required under the terms of the Contract
Documents, including incomplete documents or drafts.
(C) Close Out Requirements. Except as otherwise specified in the notice of
termination, DBE must comply with all of the following:
(1) Immediately stop the Work, except for any Work that must be completed
pursuant to the notice of termination and comply with City’s instructions for
cessation of labor and securing the Project and any other Worksite(s).
(2) Comply with City’s instructions to protect the completed Work and materials,
using best efforts to minimize further costs.
(3) DBE must not place further orders or enter into new subcontracts for
materials, equipment, services or facilities, except as may be necessary to
complete any portion of the Work that is not terminated.
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(4) As directed in the notice, DBE must assign to City or cancel existing
subcontracts that relate to performance of the terminated Work, subject to any
prior rights, if any, of the surety for DBE’s performance bond, and settle all
outstanding liabilities and claims, subject to City’s approval.
(5) As directed in the notice, DBE must use its best efforts to sell any materials,
supplies, or equipment intended solely for the terminated Work in a manner and
at market rate prices acceptable to City.
(D) Payment Upon Termination. Upon completion of all termination obligations, as
specified herein and in the notice of termination, DBE will submit its request for Final
Payment, including any amounts due following termination pursuant to this Article 13.
Payment will be made in accordance to the provisions of Article 8, based on the portion
of the Work satisfactorily completed, including the close out requirements, and consistent
with the previously submitted schedule of values and unit pricing (as applicable),
including demobilization costs. Adjustments to Final Payment may include deductions for
the cost of materials, supplies, or equipment retained by DBE; payments received for
sale of any such materials, supplies, or equipment, less re-stocking fees charged; and as
otherwise specified in Section 8.4, Adjustment of Payment Application.
(E) Continuing Obligations. Regardless of any Contract termination, DBE’s
obligations for portions of the Work already performed will continue and the provisions of
the Contract Documents will remain in effect as to any claim, indemnity obligation,
warranties, guarantees, submittals of as-built drawings, instructions, or manuals, record
maintenance, or other such rights and obligations arising prior to the termination date.
Article 14 - Miscellaneous Provisions
14.1 Assignment of Unfair Business Practice Claims. Under Public Contract Code §
7103.5, DBE and its Subcontractors agree to assign to City all rights, title, and interest in
and to all causes of action it may have under § 4 of the Clayton Act (15 U.S.C. § 15) or
under the Cartwright Act (Chapter 2 (commencing with § 16700) of Part 2 of Division 7 of
the Business and Professions Code), arising from purchases of goods, services, or
materials pursuant to the Contract or any subcontract. This assignment will be effective at
the time City tenders Final Payment to DBE, without further acknowledgement by the
parties.
14.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the
Contract Documents is deemed to be inserted, and the Contract Documents will be
construed and enforced as though such provision has been included. If it is discovered
that through mistake or otherwise that any required provision was not inserted, or not
correctly inserted, the Contract Documents will be deemed amended accordingly.
14.3 Waiver. City’s waiver of a breach, failure of any condition, or any right or remedy
contained in or granted by the provisions of the Contract Documents will not be effective
unless it is in writing and signed by City. City’s waiver of any breach, failure, right, or
remedy will not be deemed a waiver of any other breach, failure, right, or remedy,
whether or not similar, nor will any waiver constitute a continuing waiver unless specified
in writing by City.
14.4 Titles, Headings, and Groupings. The titles and headings used and the groupings of
provisions in the Contract Documents are for convenience only and may not be used in
the construction or interpretation of the Contract Documents or relied upon for any other
purpose.
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14.5 Statutory and Regulatory References. With respect to any amendments to any statutes
or regulations referenced in these Contract Documents, the reference is deemed to be
the version in effect on the date that that bids were due.
14.6 Survival. The provisions that survive termination or expiration of this Contract include
Contract Section 11, Notice, and subsections 12.1, 12.2, 12.3, 12.4, 12.5, and 12.6, of
Section 12, General Provisions; and the following provisions in these General Conditions:
Section 2.3(D), Ownership of Documents, Section 2.4(J), DBE’s Records, Section 2.5(C),
Termination, Section 4.2, Indemnity and Liability, Section 11.2, Warranty, and Article 12,
Dispute Resolution.
END OF GENERAL CONDITIONS
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Special Conditions
1. Work Days and Hours. Work hours and noise pose a special concern for projects in
residential neighborhoods. The City is very concerned for its residents and will diligently
enforce the restrictions below.
1.1 Work Hours. Except as expressly authorized in writing by City, DBE is limited to
performing Work on the Project between 7:00 a.m. to 4:00 p.m., Monday through Friday
(excluding City observed holidays). Any request for work outside of these hours must be
submitted in writing and approved in advance by the City’s Team two working days in
advance. Equipment and material may arrive no earlier than 6:00 a.m. to the site.
1.2 Equipment and Material Delivery and Off-Haul Hours. No equipment or
material may be delivered or off-hauled except between 6:00 a.m. to 4:00 p.m., Monday
through Friday (excluding City observed holidays). No equipment that has a safety back
up beeper may be operated before 6:00 a.m. on any day.
1.3 Work Days Only. Work will only be performed on Work Days, as defined in the
General Conditions, unless DBE requests otherwise from City in writing at least 2 working
days in advance, and City approves the request in its sole discretion.
1.4 Connections to Existing Facilities. Unless otherwise specified or indicated,
DBE will make all necessary connections to existing facilities, including structures, drain
lines, and utilities such as water, sewer, gas, telephone, and electric. In each case, DBE
will receive permission from City or the owning utility prior to undertaking connections and
coordinate as needed to accommodate the facilities operations. DBE will protect facilities
against deleterious substances and damage.
1.5 Road Shutdown. DBE will execute the Work while roads are in operation except
for the periods of permitted shutdown. For shutdown periods, DBE will prepare and
submit a detailed plan that includes shutdown schedule, planned sequence of work,
milestones and projected times of completions of activities, any anticipated problems,
DBE’s supervisory personnel, actions desired of City and staff, and contingency plans.
DBE will allow sufficient time for review and re-submittal of the shutdown plan until
acceptable to City. DBE will employ sufficient labor, superintendence, and equipment on
a 24-hour, 7 days a week basis during shutdown and other operational disruptions to
complete Work within the specified periods at no additional cost to the City. Once
initiated, Work may proceed on extra shift or around-the-clock basis as necessary. When
required to minimize treatment process interruptions while complying with specified
sequencing constraints, DBE will provide power, lighting, controls, instrumentation, and
safety devices.
1.6 Noise Limitation. No non-construction noise will be allowed, this includes
amplified music, radio or other noise not due to construction activities.
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2. Lines and Grades Verification. All Work must be done to the lines, grades, and
elevations indicated on the Plans and Specifications, and in accordance with all
applicable Laws. DBE is required to verify forms and other work comply with lines, grades
and elevations. Prior to pouring or placing any concrete or asphalt, DBE must have a
California licensed land surveyor or civil engineer field verify lines, grades and elevations
prior to proceeding with the placement of concrete or asphalt. The land surveyor or civil
engineer must have at least five years of relevant experience, and must be acceptable to
the City. DBE must provide City verification of the licensing and experience for each
proposed land surveyor or civil engineer. DBE must provide City with inspection results
for form and grade work. DBE must remedy any non-compliant Work at no additional cost
to City.
3. Parking Restrictions. DBE and Subcontractors will direct their respective workers to
park in the locations identified for DBE parking in the Bridging Documents or other
appropriate off-site locations, including public parking facilities or public streets adjacent
to or near the Project site, in compliance with applicable parking restrictions and
requirements, and without blocking driveways and access.
4. Pre-Construction Conference. City will designate a date and time for a pre-construction
conference with DBE following City’s approval of the final Construction Documents.
Project administration procedures and coordination between City and DBE will be
discussed, and DBE must present City with the following information or documents at the
meeting for City’s review and acceptance before the Work commences:
4.1 Name, 24-hour contact information, and qualifications of the proposed on-site
superintendent;
4.2 List of all key Project personnel and their complete contact information, including
email addresses and telephone numbers during regular hours and after hours;
4.3 Staging plans that identify the sequence of the Work, including any phases and
alternative sequences or phases, with the goal of minimizing the impacts on residents,
businesses and other operations in the Project vicinity;
4.4 If required, traffic control plans associated with the staging plans that are signed
and stamped by a licensed traffic engineer;
4.5 Draft baseline schedule for the Work as required under Section 5.2 of the
General Conditions, to be finalized within 10 days after City’s approval of the final
Construction Documents;
4.6 Breakdown of lump sum bid items, to be used for determining the value of Work
completed for future progress payments to DBE;
4.7 Schedule with list of Project submittals that require City review, and list of the
proposed material suppliers;
4.8 Plan for coordination with affected utility owner(s) and compliance with any
related permit requirements;
4.9 Videotape and photographs recording the conditions throughout the pre-
construction Project site, showing the existing improvements and current condition of the
curbs, gutters, sidewalks, signs, landscaping, streetlights, structures near the Project
such as building faces, canopies, shades and fences, and any other features within the
Project area limits;
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4.10 If requested by City, DBE’s cash flow projections; and
4.11 Any other documents specified in the Special Conditions or Notice of Award.
5. Construction Manager Role and Authority. The Construction Manager will assist City
in the management of the construction of the Project. The Construction Manager may
perform services in the areas of supervision and coordination of the work of DBE and/or
other contractors, scheduling the Work, monitoring the progress of the Work, providing
City with evaluations and recommendations concerning the quality of the Work,
recommending the approval of progress payments to DBE, or other services for the
Project in accordance with the Construction Manager’s contract with City.
5.1 Communications. DBE must submit all notices and communications relating to
the Work directly to the Construction Manager in writing. The Construction
Management firm is not yet contracted, contact information will be provided upon
execution.
Copy to the City’s Project Manager:
Susan Michael, CIP Manager
Public Works
SusanM@Cupertino.gov
5.2 On-Site Management and Communication Procedures. The Construction
Manager will provide and maintain a management team on the Project site to
provide contract administration as an agent of City and will establish and
implement coordination and communication procedures among City, the Design
Professional, DBE, and others.
5.3 Contract Administration Procedures. The Construction Manager will establish
and implement procedures for reviewing and processing requests for
clarifications and interpretations of the Contract Documents, Shop Drawings,
samples, other submittals, schedule adjustments, Change Order proposals,
written proposals for substitutions, payment applications, and maintenance of
logs.
5.4 Pre-Construction Conference. DBE will attend the pre-construction conference,
during which the Construction Manager will review the Contract administration
procedures and Project requirements.
5.5 DBE’s Construction Schedule. The Construction Manager will review DBE’s
construction schedules and will verify that each schedule is prepared in
accordance with the requirements of the Contract Documents.
6. Notification of Residents, Schools and Businesses. DBE will notify, in writing,
residents, businesses and schools within a 300 foot radius of Project limits at a minimum
of two times prior to start of construction. The first notice shall be given to all residents,
businesses and schools within the Project area five working days prior to any
construction operation. The second notice shall be given to residents, businesses and
schools two working days prior to any construction operation. Both notices shall be in
writing and submitted to the City Engineer for review and approval. Sample notice is
below.
Notices shall include the Project name, describe the nature and duration of the DBE’s
operations, and provide a telephone number at which a DBE representative may be
contacted 24 hour per day for problems or emergencies encountered by residents
Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS
Project 2025-02 Page 81
and/or businesses. Answering machines and voice mail shall not be permitted. The
notice will also contain the City’s Construction Management contact information.
A separate notice shall be given at least two working days prior to any anticipated
service/utility disruption or temporary closure of access to any driveway. The notice
shall indicate the duration of the disruption. DBE shall submit a written request to the
City Engineer regarding the temporary closure of access to any driveway. No driveway
access shall be closed by the DBE at any time without prior written authorization from
the City Engineer.
If construction operations are delayed for any reason beyond the duration stipulated in
the notices, DBE shall re-issue written notices that explain the delay and provide a
revised schedule.
All written notices to residents, schools, businesses, agencies, etc. shall be submitted
to the City for review and approval. Provide the City with a schedule of the notification
deliveries so that the City can confirm that the notification was completed.
Payment for compliance with this section shall be deemed included in the various other
items of work, and no additional compensation will be allowed therefore.
SAMPLE NOTICE:
NOTICE TO RESIDENTS / BUSINESS OWNERS
Date: [MONTH] [DAY], [YEAR]
Subject: [NAME OF PROJECT] – [One Week OR Two Day] Notice
This notice is to inform you that the City of Cupertino, Department of Public
Works, has contracted with [DBE NAME] to [SCOPE OF WORK] along
[STREET NAME] from [ADJACENT CROSS STREET] to [ADJACENT CROSS
STREET].
This [SCOPE OF WORK] will mainly occur on [WEEKDAYS, SEE “SCHEDULE
OFWORKING DAYS/HOURS”] from [START TIME] to [END TIME] and is
scheduled to start in your area APPROXIMATELY seven days from the date of
this notice and will continue from [START DATE] until [END DATE]. Please
be aware that there may be construction activities that cause traffic delays.
[DBE NAME] will make every effort to maintain normal traffic access and
minimize disruption in your neighborhood. No Parking / Tow-Away signs will be
posted in affected areas two working days in advance of enforcement. Access to
driveways will be maintained at ALL times during the construction.
Prior to activities in your immediate area, you will be sent a notification TWO
WORKING DAYS before work begins. [DBE NAME] and the City of Cupertino,
Department of Public Works, apologize for any inconvenience due to these
activities. If you have any questions or need assistance as these activities
progress, please call the number(s) listed below:
[DBE NAME]
[NAME OF PROJECT MANAGER, DBE)
Project Manager
(XXX) XXX‐XXXX (24-hour number)
Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS
Project 2025-02 Page 82
City of Cupertino
(NAME OF CONSTRUCTION MANAGEMENT FIRM IF ONE)
(PERSON’S NAME FROM CONSTRUCTION MANAGEMENT FIRM)
(XXX) XXX‐XXXX (24-hour number)
City Office: (408)777-3354 Department of Public Works
Thank you for your patience and cooperation,
[NAME OF PROJECT MANAGER, DBE], Project Manager
[NAME OF CONSTRUCTION FIRM]
7. Pandemic Health Laws. DBE’s duty to comply with Laws includes compliance by the
DBE team, including all Subconsultants and Subcontractors, with all local, state, or
federal Laws that have been or may be enacted in response to the Covid-19 pandemic
(collectively, “Health Laws”) or similar, which include the County of Santa Clara Health
Orders for Construction activities, including any subsequent amendments thereto. Failure
to fully comply with the Health Laws constitutes a material default, subject to all available
remedies including suspension or termination.
8. Construction and Demolition Debris Management Plan
A completed construction and demolition (C&D) Debris Management Plan must be
submitted using the City’s Green Halo on-line application. All debris disposal and
recycling from the construction project must be tracked throughout the duration of the
project. The DBE must use Green Halo Cupertino.wastetracking.com to create their Plan
and to submit all construction waste generation tonnage information. No additional
compensation will be paid for implementation of the Debris Management Plan and failure
to meet all plan requirements may result in work stoppage, fines, and/or back-charges.
For additional information, visit www.cupertino.org/greendev
9. Federally Funded Projects. This Project is funded in whole or in part by federal funds
and subject to the following federal requirements under the terms of the funding
agreement(s) between City and the federal agency or agencies providing federal funds,
which are fully incorporated by this reference and made part of the Contract Documents.
Copies of any funding agreement between City and a funding agency will be made
available upon request.
9.A. Equal Opportunity. During the performance of this Contract, the DBE agrees
as follows:
9.A.1. The DBE will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The DBE will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment
without regard to their race, color, religion, sex, sexual orientation, gender
identity, or national origin. Such action will include, but not be limited to the
following: Employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The DBE
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS
Project 2025-02 Page 83
9.A.2. The DBE will, in all solicitations or advertisements for employees placed
by or on behalf of the DBE, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
9.A.3. The DBE will not discharge or in any other manner discriminate against
any employee or applicant for employment because such employee or applicant
has inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision will not apply to
instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee’s
essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information,
unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the DBE’s legal
duty to furnish information.
9.A.4. The DBE will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the labor union or workers’
representatives of the DBE’s commitments under this section, and will post
copies of the notice in conspicuous places available to employees and applicants
for employment.
9.A.5. The DBE will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
United States Secretary of Labor.
9.A.6. The DBE will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by rules, regulations, and orders of the
United States Secretary of Labor, or pursuant thereto, and will permit access to
his books, records, and accounts by the administering agency and the United
States Secretary of Labor for purposes of investigation to ascertain compliance
with such rules, regulations, and orders.
9.A.7. In the event of the DBE noncompliance with the nondiscrimination clauses
of this contract or with any of the rules, regulations, or orders, this Contract may
be canceled, terminated, or suspended in whole or in part and the DBE may be
declared ineligible for further federal government contracts or federally assisted
construction contracts in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, and such other sanctions may be imposed
and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the United States Secretary of Labor, or
as otherwise provided by law.
9.A.8. The DBE will include the portion of the sentence immediately preceding
paragraph (A) and the provisions of paragraphs (A) through (H) in every
subcontract or purchase order unless exempted by rules, regulations, or orders
of the United States Secretary of Labor issued pursuant to section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will be
binding upon each Subcontractor or vendor. The DBE will take such action with
respect to any subcontract or purchase order as the City or funding agency may
direct as a means of enforcing such provisions, including sanctions for
Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS
Project 2025-02 Page 84
noncompliance: Provided, however, that in the event a DBE becomes involved
in, or is threatened with, litigation with a Subcontractor or vendor as a result of
such direction by the City or funding agency, the DBE may request the United
States to enter into such litigation to protect the interests of the United States.
9.B. Davis-Bacon Act. DBE will pay wages to laborers and mechanics, not less than
once a week, and at a rate not less than the current federal prevailing wages
specified in the Davis-Bacon Act Wage Determination attached hereto and
incorporated herein. By entering into this Contract, DBE accepts the attached Wage
Determination. The current Davis-Bacon Act Wage Determination, which may be
accessed at https://sam.gov/wage-determination/CA20250018/1, is attached to this
document as Appendix 1.
9.C. Copeland “Anti-Kickback” Act. DBE will comply with 18 U.S.C. § 874, 40
U.S.C. § 3145, and the requirements of 29 CFR Part 3 as may be applicable, which
are incorporated by reference into this Contract. DBE and Subcontractors must insert
this requirement into subcontracts of any tier. DBE is responsible for compliance with
these requirements by each Subcontractor of any tier.
9.D. Contract Work Hours and Safety Standards Act. In addition to the California
state law requirements in Article 9 of the General Conditions, DBE and each
Subcontractor must comply with the requirements of the federal Contract Work Hours
and Safety Standards Act, as set forth in 40 U.S.C. 3701-3708, as supplemented by
the regulations set forth in 29 CFR Part 5, as may be amended from time to time,
which are fully incorporated herein, including:
9.D.1. DBE or Subcontractor will not require or permit any laborer or mechanic
performing Work for the Project to work in excess of 40 hours in a work week
unless such laborer or mechanic receives compensation at a rate not less than
one and one-half times the basic rate of pay for all hours worked in excess of 40
hours during that work week.
9.D.2. If DBE or a Subcontractor violates this requirement, the DBE and any
responsible Subcontractor will be liable for the unpaid wages. In addition, the
DBE and Subcontractor will be liable to the United States for liquidated damages.
The liquidated damages will be computed with respect to each individual worker
as specified under federal law.
9.D.3. DBE and Subcontractors must insert this requirement into subcontracts of
any tier. DBE is responsible for compliance with these requirements by each
Subcontractor of any tier.
9.E. Rights to Inventions. If the federal funding for this Contract meets the definition
of “funding agreement” under 37 CFR § 401.2(a) and constitutes an agreement
between the City and a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or
research work under that “funding agreement,” the requirements of 37 CFR Part 401,
“Rights to Inventions Made by Nonprofit Organizations and Small Business Firms
Under Government Grants, Contracts and Cooperative Agreements,” and any
implementing regulations issued by the awarding agency, will apply to this Contract
and are fully incorporated into the Contract Documents by this reference.
9.F. Clean Air Act. If the Contract is for an amount in excess of $150,000, DBE and
each Subcontractor must comply with the requirements of the Clean Air Act, as
Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS
Project 2025-02 Page 85
amended, (42 U.S.C. §§ 7401-7671q), which are fully incorporated into the Contract
Documents by this reference, including requirements for reporting violations to the
awarding agency and the applicable Regional Office for the Environmental Protection
Agency. DBE and Subcontractors must insert this requirement into subcontracts of
any tier in excess of $150,000.
9.G. Federal Water Pollution Control Act. If the Contract is for an amount in excess
of $150,000, the requirements of the Federal Water Pollution Control Act (33 U.S.C.
§§ 1251-1387) apply to this Contract and are fully incorporated into the Contract
Documents by this reference, including requirements for reporting violations to the
awarding agency and the applicable Regional Office for the Environmental Protection
Agency. DBE and Subcontractors must insert this requirement into subcontracts of
any tier in excess of $150,000.
9.H. Suspension and Debarment. DBE is required to verify that neither it, nor its
principals, as defined at 2 CFR § 180.995, or its affiliates, as defined at 2 CFR §
180.905, are excluded or disqualified, as defined at 2 CFR §§ 180.935 and 180.940.
DBE must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C,
and must include a provision requiring compliance with these regulations in any
subcontract of any tier. If it is later determined that the DBE did not comply with the
applicable subparts, the Federal Government may pursue available remedies,
including, but not limited to, suspension and/or debarment. By submitting a bid and
entering into this Contract, DBE agrees to comply with these requirements.
9.I. Byrd Anti-Lobbying Amendment. If the Contract is for an amount in excess of
$100,000, DBE must comply with the Byrd Anti-Lobbying Amendment (31 U.S.C. §
1352) and file the certification provided at 44 CFR Part 18, Appendix A, and any
disclosures, with the applicable federal agency. Each tier certifies to the tier above
that it will not and has not used federal-appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of
a member of Congress in connection with obtaining any federal contract, grant, or
any other award covered by 31 U.S.C. § 1352. Each tier will also disclose any
lobbying with non-federal funds that takes place in connection with obtaining any
federal award. Such disclosures will be forwarded from tier to tier up to the recipient.
9.J. Procurement of Recovered Materials. The requirements of § 6002 of the Solid
Waste Disposal Act, as amended by the Resource Conservation and Recovery Act at
42 U.S.C. § 6962, apply to this Contract and are fully incorporated into the Contract
Documents by this reference. For individual purchases of $10,000 or more, DBE will
make maximum use of products containing recovered materials that are EPA-
designated items unless the product cannot be acquired (A) competitively within the
Contract schedule, (B) in conformance with Contract performance requirements, or
(C) at a reasonable price. Information on this requirement, including a list of EPA-
designated items, is available at the EPA’s Comprehensive Procurement Guidelines
website:
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
9.K. Prohibition on Covered Telecommunications. Federal loan or grant funds
must not be obligated or expended to procure or obtain, extend or renew a contract
to procure or obtain, or enter into a contract (or extend or renew a contract) to
procure or obtain equipment, services, or systems that use covered
telecommunications equipment or services as a substantial or essential component
of any system, or as critical technology as part of any system, as further specified in
2 CFR § 200.216, which is fully incorporated into the Contract Documents by this
Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS
Project 2025-02 Page 86
reference. Covered telecommunications equipment or services includes equipment
produced by, services provided by, or services using equipment produced by:
Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of
such entities); Hytera Communications Corporation, Hangzhou Hikvision Digital
Technology Company, or Dahua Technology Company (or any subsidiary or affiliate
of such entities); or an entity that the Secretary of Defense, in consultation with the
Director of the National Intelligence or the Director of the Federal Bureau of
Investigation, reasonably believes to be an entity owned or controlled by, or
otherwise connected to, the government of a covered foreign country.
9.L. Domestic Preferences for Procurements. As appropriate, practicable, and to
the extent consistent with Laws, the DBE shall procure, purchase, acquire, and/or
use goods, products, or materials produced in the United States, as further specified
in 2 CFR § 200.322, which is fully incorporated into the Contract Documents by this
reference, including, but not limited to, iron, aluminum, steel, cement, and other
manufactured products used in construction, as specified therein. The requirements
of 2 CFR § 200.322 must be included in all subcontracts and purchase orders for
work or products under the federal award. Furthermore, it is the stated goal of the
project to have the project qualify for the “Build America, Buy America Act,” which
establishes a domestic content procurement preference for all Federal financial
assistance obligated for infrastructure projects.
10. Close Out Requirements. DBE’s close-out requirements include the following, if
applicable:
10.A. DBE must replace, with thermoplastic, any existing striping within and adjacent
to the Project site that is damaged during the Work. Partially damaged striping
must be replaced in its entirety.
10.B. DBE must replace any survey monuments that are damaged or removed during
the Work, with a Record of Survey filed by a licensed land surveyor as required by
California law.
10.C. Before removing any traffic control or street signs on the Project site, DBE must
take photographs showing their original locations. Upon completion of each phase
of construction, DBE must temporarily reset the signs at those locations. DBE must
then replace the signs permanently upon completion of the Work and the cost of
their removal and replacement must be included in the Bid Proposal.
10.D. DBE must maintain any rural mailboxes on the Project site and relocate them to
their permanent locations as soon as possible in the course of the Work, to the
satisfaction of the affected property owners and the postal service
END OF SPECIAL CONDITIONS
Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS
Project 2025-02 Page 78
Special Conditions
1. Work Days and Hours. Work hours and noise pose a special concern for projects in
residential neighborhoods. The City is very concerned for its residents and will diligently
enforce the restrictions below.
1.1 Work Hours. Except as expressly authorized in writing by City, DBE is limited to
performing Work on the Project between 7:00 a.m. to 4:00 p.m., Monday through Friday
(excluding City observed holidays). Any request for work outside of these hours must be
submitted in writing and approved in advance by the City’s Team two working days in
advance. Equipment and material may arrive no earlier than 6:00 a.m. to the site.
1.2 Equipment and Material Delivery and Off-Haul Hours. No equipment or
material may be delivered or off-hauled except between 6:00 a.m. to 4:00 p.m., Monday
through Friday (excluding City observed holidays). No equipment that has a safety back
up beeper may be operated before 6:00 a.m. on any day.
1.3 Work Days Only. Work will only be performed on Work Days, as defined in the
General Conditions, unless DBE requests otherwise from City in writing at least 2 working
days in advance, and City approves the request in its sole discretion.
1.4 Connections to Existing Facilities. Unless otherwise specified or indicated,
DBE will make all necessary connections to existing facilities, including structures, drain
lines, and utilities such as water, sewer, gas, telephone, and electric. In each case, DBE
will receive permission from City or the owning utility prior to undertaking connections and
coordinate as needed to accommodate the facilities operations. DBE will protect facilities
against deleterious substances and damage.
1.5 Road Shutdown. DBE will execute the Work while roads are in operation except
for the periods of permitted shutdown. For shutdown periods, DBE will prepare and
submit a detailed plan that includes shutdown schedule, planned sequence of work,
milestones and projected times of completions of activities, any anticipated problems,
DBE’s supervisory personnel, actions desired of City and staff, and contingency plans.
DBE will allow sufficient time for review and re-submittal of the shutdown plan until
acceptable to City. DBE will employ sufficient labor, superintendence, and equipment on
a 24-hour, 7 days a week basis during shutdown and other operational disruptions to
complete Work within the specified periods at no additional cost to the City. Once
initiated, Work may proceed on extra shift or around-the-clock basis as necessary. When
required to minimize treatment process interruptions while complying with specified
sequencing constraints, DBE will provide power, lighting, controls, instrumentation, and
safety devices.
1.6 Noise Limitation. No non-construction noise will be allowed, this includes
amplified music, radio or other noise not due to construction activities.
DOCUMENT 1.9 - SPECIAL CONDITIONS
Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS
Project 2025-02 Page 79
2. Lines and Grades Verification. All Work must be done to the lines, grades, and
elevations indicated on the Plans and Specifications, and in accordance with all
applicable Laws. DBE is required to verify forms and other work comply with lines, grades
and elevations. Prior to pouring or placing any concrete or asphalt, DBE must have a
California licensed land surveyor or civil engineer field verify lines, grades and elevations
prior to proceeding with the placement of concrete or asphalt. The land surveyor or civil
engineer must have at least five years of relevant experience, and must be acceptable to
the City. DBE must provide City verification of the licensing and experience for each
proposed land surveyor or civil engineer. DBE must provide City with inspection results
for form and grade work. DBE must remedy any non-compliant Work at no additional cost
to City.
3. Parking Restrictions. DBE and Subcontractors will direct their respective workers to
park in the locations identified for DBE parking in the Bridging Documents or other
appropriate off-site locations, including public parking facilities or public streets adjacent
to or near the Project site, in compliance with applicable parking restrictions and
requirements, and without blocking driveways and access.
4. Pre-Construction Conference. City will designate a date and time for a pre-construction
conference with DBE following City’s approval of the final Construction Documents.
Project administration procedures and coordination between City and DBE will be
discussed, and DBE must present City with the following information or documents at the
meeting for City’s review and acceptance before the Work commences:
4.1 Name, 24-hour contact information, and qualifications of the proposed on-site
superintendent;
4.2 List of all key Project personnel and their complete contact information, including
email addresses and telephone numbers during regular hours and after hours;
4.3 Staging plans that identify the sequence of the Work, including any phases and
alternative sequences or phases, with the goal of minimizing the impacts on residents,
businesses and other operations in the Project vicinity;
4.4 If required, traffic control plans associated with the staging plans that are signed
and stamped by a licensed traffic engineer;
4.5 Draft baseline schedule for the Work as required under Section 5.2 of the
General Conditions, to be finalized within 10 days after City’s approval of the final
Construction Documents;
4.6 Breakdown of lump sum bid items, to be used for determining the value of Work
completed for future progress payments to DBE;
4.7 Schedule with list of Project submittals that require City review, and list of the
proposed material suppliers;
4.8 Plan for coordination with affected utility owner(s) and compliance with any
related permit requirements;
4.9 Videotape and photographs recording the conditions throughout the pre-
construction Project site, showing the existing improvements and current condition of the
curbs, gutters, sidewalks, signs, landscaping, streetlights, structures near the Project
such as building faces, canopies, shades and fences, and any other features within the
Project area limits;
Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS
Project 2025-02 Page 80
4.10 If requested by City, DBE’s cash flow projections; and
4.11 Any other documents specified in the Special Conditions or Notice of Award.
5. Construction Manager Role and Authority. The Construction Manager will assist City
in the management of the construction of the Project. The Construction Manager may
perform services in the areas of supervision and coordination of the work of DBE and/or
other contractors, scheduling the Work, monitoring the progress of the Work, providing
City with evaluations and recommendations concerning the quality of the Work,
recommending the approval of progress payments to DBE, or other services for the
Project in accordance with the Construction Manager’s contract with City.
5.1 Communications. DBE must submit all notices and communications relating to
the Work directly to the Construction Manager in writing. The Construction
Management firm is not yet contracted, contact information will be provided upon
execution.
Copy to the City’s Project Manager:
Susan Michael, CIP Manager
Public Works
SusanM@Cupertino.gov
5.2 On-Site Management and Communication Procedures. The Construction
Manager will provide and maintain a management team on the Project site to
provide contract administration as an agent of City and will establish and
implement coordination and communication procedures among City, the Design
Professional, DBE, and others.
5.3 Contract Administration Procedures. The Construction Manager will establish
and implement procedures for reviewing and processing requests for
clarifications and interpretations of the Contract Documents, Shop Drawings,
samples, other submittals, schedule adjustments, Change Order proposals,
written proposals for substitutions, payment applications, and maintenance of
logs.
5.4 Pre-Construction Conference. DBE will attend the pre-construction conference,
during which the Construction Manager will review the Contract administration
procedures and Project requirements.
5.5 DBE’s Construction Schedule. The Construction Manager will review DBE’s
construction schedules and will verify that each schedule is prepared in
accordance with the requirements of the Contract Documents.
6. Notification of Residents, Schools and Businesses. DBE will notify, in writing,
residents, businesses and schools within a 300 foot radius of Project limits at a minimum
of two times prior to start of construction. The first notice shall be given to all residents,
businesses and schools within the Project area five working days prior to any
construction operation. The second notice shall be given to residents, businesses and
schools two working days prior to any construction operation. Both notices shall be in
writing and submitted to the City Engineer for review and approval. Sample notice is
below.
Notices shall include the Project name, describe the nature and duration of the DBE’s
operations, and provide a telephone number at which a DBE representative may be
contacted 24 hour per day for problems or emergencies encountered by residents
Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS
Project 2025-02 Page 81
and/or businesses. Answering machines and voice mail shall not be permitted. The
notice will also contain the City’s Construction Management contact information.
A separate notice shall be given at least two working days prior to any anticipated
service/utility disruption or temporary closure of access to any driveway. The notice
shall indicate the duration of the disruption. DBE shall submit a written request to the
City Engineer regarding the temporary closure of access to any driveway. No driveway
access shall be closed by the DBE at any time without prior written authorization from
the City Engineer.
If construction operations are delayed for any reason beyond the duration stipulated in
the notices, DBE shall re-issue written notices that explain the delay and provide a
revised schedule.
All written notices to residents, schools, businesses, agencies, etc. shall be submitted
to the City for review and approval. Provide the City with a schedule of the notification
deliveries so that the City can confirm that the notification was completed.
Payment for compliance with this section shall be deemed included in the various other
items of work, and no additional compensation will be allowed therefore.
SAMPLE NOTICE:
NOTICE TO RESIDENTS / BUSINESS OWNERS
Date: [MONTH] [DAY], [YEAR]
Subject: [NAME OF PROJECT] – [One Week OR Two Day] Notice
This notice is to inform you that the City of Cupertino, Department of Public
Works, has contracted with [DBE NAME] to [SCOPE OF WORK] along
[STREET NAME] from [ADJACENT CROSS STREET] to [ADJACENT CROSS
STREET].
This [SCOPE OF WORK] will mainly occur on [WEEKDAYS, SEE “SCHEDULE
OFWORKING DAYS/HOURS”] from [START TIME] to [END TIME] and is
scheduled to start in your area APPROXIMATELY seven days from the date of
this notice and will continue from [START DATE] until [END DATE]. Please
be aware that there may be construction activities that cause traffic delays.
[DBE NAME] will make every effort to maintain normal traffic access and
minimize disruption in your neighborhood. No Parking / Tow-Away signs will be
posted in affected areas two working days in advance of enforcement. Access to
driveways will be maintained at ALL times during the construction.
Prior to activities in your immediate area, you will be sent a notification TWO
WORKING DAYS before work begins. [DBE NAME] and the City of Cupertino,
Department of Public Works, apologize for any inconvenience due to these
activities. If you have any questions or need assistance as these activities
progress, please call the number(s) listed below:
[DBE NAME]
[NAME OF PROJECT MANAGER, DBE)
Project Manager
(XXX) XXX‐XXXX (24-hour number)
Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS
Project 2025-02 Page 82
City of Cupertino
(NAME OF CONSTRUCTION MANAGEMENT FIRM IF ONE)
(PERSON’S NAME FROM CONSTRUCTION MANAGEMENT FIRM)
(XXX) XXX‐XXXX (24-hour number)
City Office: (408)777-3354 Department of Public Works
Thank you for your patience and cooperation,
[NAME OF PROJECT MANAGER, DBE], Project Manager
[NAME OF CONSTRUCTION FIRM]
7. Pandemic Health Laws. DBE’s duty to comply with Laws includes compliance by the
DBE team, including all Subconsultants and Subcontractors, with all local, state, or
federal Laws that have been or may be enacted in response to the Covid-19 pandemic
(collectively, “Health Laws”) or similar, which include the County of Santa Clara Health
Orders for Construction activities, including any subsequent amendments thereto. Failure
to fully comply with the Health Laws constitutes a material default, subject to all available
remedies including suspension or termination.
8. Construction and Demolition Debris Management Plan
A completed construction and demolition (C&D) Debris Management Plan must be
submitted using the City’s Green Halo on-line application. All debris disposal and
recycling from the construction project must be tracked throughout the duration of the
project. The DBE must use Green Halo Cupertino.wastetracking.com to create their Plan
and to submit all construction waste generation tonnage information. No additional
compensation will be paid for implementation of the Debris Management Plan and failure
to meet all plan requirements may result in work stoppage, fines, and/or back-charges.
For additional information, visit www.cupertino.org/greendev
9. Federally Funded Projects. This Project is funded in whole or in part by federal funds
and subject to the following federal requirements under the terms of the funding
agreement(s) between City and the federal agency or agencies providing federal funds,
which are fully incorporated by this reference and made part of the Contract Documents.
Copies of any funding agreement between City and a funding agency will be made
available upon request.
9.A. Equal Opportunity. During the performance of this Contract, the DBE agrees
as follows:
9.A.1. The DBE will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The DBE will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment
without regard to their race, color, religion, sex, sexual orientation, gender
identity, or national origin. Such action will include, but not be limited to the
following: Employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The DBE
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS
Project 2025-02 Page 83
9.A.2. The DBE will, in all solicitations or advertisements for employees placed
by or on behalf of the DBE, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
9.A.3. The DBE will not discharge or in any other manner discriminate against
any employee or applicant for employment because such employee or applicant
has inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision will not apply to
instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee’s
essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information,
unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the DBE’s legal
duty to furnish information.
9.A.4. The DBE will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the labor union or workers’
representatives of the DBE’s commitments under this section, and will post
copies of the notice in conspicuous places available to employees and applicants
for employment.
9.A.5. The DBE will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
United States Secretary of Labor.
9.A.6. The DBE will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by rules, regulations, and orders of the
United States Secretary of Labor, or pursuant thereto, and will permit access to
his books, records, and accounts by the administering agency and the United
States Secretary of Labor for purposes of investigation to ascertain compliance
with such rules, regulations, and orders.
9.A.7. In the event of the DBE noncompliance with the nondiscrimination clauses
of this contract or with any of the rules, regulations, or orders, this Contract may
be canceled, terminated, or suspended in whole or in part and the DBE may be
declared ineligible for further federal government contracts or federally assisted
construction contracts in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, and such other sanctions may be imposed
and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the United States Secretary of Labor, or
as otherwise provided by law.
9.A.8. The DBE will include the portion of the sentence immediately preceding
paragraph (A) and the provisions of paragraphs (A) through (H) in every
subcontract or purchase order unless exempted by rules, regulations, or orders
of the United States Secretary of Labor issued pursuant to section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will be
binding upon each Subcontractor or vendor. The DBE will take such action with
respect to any subcontract or purchase order as the City or funding agency may
direct as a means of enforcing such provisions, including sanctions for
Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS
Project 2025-02 Page 84
noncompliance: Provided, however, that in the event a DBE becomes involved
in, or is threatened with, litigation with a Subcontractor or vendor as a result of
such direction by the City or funding agency, the DBE may request the United
States to enter into such litigation to protect the interests of the United States.
9.B. Davis-Bacon Act. DBE will pay wages to laborers and mechanics, not less than
once a week, and at a rate not less than the current federal prevailing wages
specified in the Davis-Bacon Act Wage Determination attached hereto and
incorporated herein. By entering into this Contract, DBE accepts the attached Wage
Determination. The current Davis-Bacon Act Wage Determination, which may be
accessed at https://sam.gov/wage-determination/CA20250018/1, is attached to this
document as Appendix 1.
9.C. Copeland “Anti-Kickback” Act. DBE will comply with 18 U.S.C. § 874, 40
U.S.C. § 3145, and the requirements of 29 CFR Part 3 as may be applicable, which
are incorporated by reference into this Contract. DBE and Subcontractors must insert
this requirement into subcontracts of any tier. DBE is responsible for compliance with
these requirements by each Subcontractor of any tier.
9.D. Contract Work Hours and Safety Standards Act. In addition to the California
state law requirements in Article 9 of the General Conditions, DBE and each
Subcontractor must comply with the requirements of the federal Contract Work Hours
and Safety Standards Act, as set forth in 40 U.S.C. 3701-3708, as supplemented by
the regulations set forth in 29 CFR Part 5, as may be amended from time to time,
which are fully incorporated herein, including:
9.D.1. DBE or Subcontractor will not require or permit any laborer or mechanic
performing Work for the Project to work in excess of 40 hours in a work week
unless such laborer or mechanic receives compensation at a rate not less than
one and one-half times the basic rate of pay for all hours worked in excess of 40
hours during that work week.
9.D.2. If DBE or a Subcontractor violates this requirement, the DBE and any
responsible Subcontractor will be liable for the unpaid wages. In addition, the
DBE and Subcontractor will be liable to the United States for liquidated damages.
The liquidated damages will be computed with respect to each individual worker
as specified under federal law.
9.D.3. DBE and Subcontractors must insert this requirement into subcontracts of
any tier. DBE is responsible for compliance with these requirements by each
Subcontractor of any tier.
9.E. Rights to Inventions. If the federal funding for this Contract meets the definition
of “funding agreement” under 37 CFR § 401.2(a) and constitutes an agreement
between the City and a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or
research work under that “funding agreement,” the requirements of 37 CFR Part 401,
“Rights to Inventions Made by Nonprofit Organizations and Small Business Firms
Under Government Grants, Contracts and Cooperative Agreements,” and any
implementing regulations issued by the awarding agency, will apply to this Contract
and are fully incorporated into the Contract Documents by this reference.
9.F. Clean Air Act. If the Contract is for an amount in excess of $150,000, DBE and
each Subcontractor must comply with the requirements of the Clean Air Act, as
Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS
Project 2025-02 Page 85
amended, (42 U.S.C. §§ 7401-7671q), which are fully incorporated into the Contract
Documents by this reference, including requirements for reporting violations to the
awarding agency and the applicable Regional Office for the Environmental Protection
Agency. DBE and Subcontractors must insert this requirement into subcontracts of
any tier in excess of $150,000.
9.G. Federal Water Pollution Control Act. If the Contract is for an amount in excess
of $150,000, the requirements of the Federal Water Pollution Control Act (33 U.S.C.
§§ 1251-1387) apply to this Contract and are fully incorporated into the Contract
Documents by this reference, including requirements for reporting violations to the
awarding agency and the applicable Regional Office for the Environmental Protection
Agency. DBE and Subcontractors must insert this requirement into subcontracts of
any tier in excess of $150,000.
9.H. Suspension and Debarment. DBE is required to verify that neither it, nor its
principals, as defined at 2 CFR § 180.995, or its affiliates, as defined at 2 CFR §
180.905, are excluded or disqualified, as defined at 2 CFR §§ 180.935 and 180.940.
DBE must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C,
and must include a provision requiring compliance with these regulations in any
subcontract of any tier. If it is later determined that the DBE did not comply with the
applicable subparts, the Federal Government may pursue available remedies,
including, but not limited to, suspension and/or debarment. By submitting a bid and
entering into this Contract, DBE agrees to comply with these requirements.
9.I. Byrd Anti-Lobbying Amendment. If the Contract is for an amount in excess of
$100,000, DBE must comply with the Byrd Anti-Lobbying Amendment (31 U.S.C. §
1352) and file the certification provided at 44 CFR Part 18, Appendix A, and any
disclosures, with the applicable federal agency. Each tier certifies to the tier above
that it will not and has not used federal-appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of
a member of Congress in connection with obtaining any federal contract, grant, or
any other award covered by 31 U.S.C. § 1352. Each tier will also disclose any
lobbying with non-federal funds that takes place in connection with obtaining any
federal award. Such disclosures will be forwarded from tier to tier up to the recipient.
9.J. Procurement of Recovered Materials. The requirements of § 6002 of the Solid
Waste Disposal Act, as amended by the Resource Conservation and Recovery Act at
42 U.S.C. § 6962, apply to this Contract and are fully incorporated into the Contract
Documents by this reference. For individual purchases of $10,000 or more, DBE will
make maximum use of products containing recovered materials that are EPA-
designated items unless the product cannot be acquired (A) competitively within the
Contract schedule, (B) in conformance with Contract performance requirements, or
(C) at a reasonable price. Information on this requirement, including a list of EPA-
designated items, is available at the EPA’s Comprehensive Procurement Guidelines
website:
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
9.K. Prohibition on Covered Telecommunications. Federal loan or grant funds
must not be obligated or expended to procure or obtain, extend or renew a contract
to procure or obtain, or enter into a contract (or extend or renew a contract) to
procure or obtain equipment, services, or systems that use covered
telecommunications equipment or services as a substantial or essential component
of any system, or as critical technology as part of any system, as further specified in
2 CFR § 200.216, which is fully incorporated into the Contract Documents by this
Photovoltaic Systems Design and Installation Project SPECIAL CONDITIONS
Project 2025-02 Page 86
reference. Covered telecommunications equipment or services includes equipment
produced by, services provided by, or services using equipment produced by:
Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of
such entities); Hytera Communications Corporation, Hangzhou Hikvision Digital
Technology Company, or Dahua Technology Company (or any subsidiary or affiliate
of such entities); or an entity that the Secretary of Defense, in consultation with the
Director of the National Intelligence or the Director of the Federal Bureau of
Investigation, reasonably believes to be an entity owned or controlled by, or
otherwise connected to, the government of a covered foreign country.
9.L. Domestic Preferences for Procurements. As appropriate, practicable, and to
the extent consistent with Laws, the DBE shall procure, purchase, acquire, and/or
use goods, products, or materials produced in the United States, as further specified
in 2 CFR § 200.322, which is fully incorporated into the Contract Documents by this
reference, including, but not limited to, iron, aluminum, steel, cement, and other
manufactured products used in construction, as specified therein. The requirements
of 2 CFR § 200.322 must be included in all subcontracts and purchase orders for
work or products under the federal award. Furthermore, it is the stated goal of the
project to have the project qualify for the “Build America, Buy America Act,” which
establishes a domestic content procurement preference for all Federal financial
assistance obligated for infrastructure projects.
10. Close Out Requirements. DBE’s close-out requirements include the following, if
applicable:
10.A. DBE must replace, with thermoplastic, any existing striping within and adjacent
to the Project site that is damaged during the Work. Partially damaged striping
must be replaced in its entirety.
10.B. DBE must replace any survey monuments that are damaged or removed during
the Work, with a Record of Survey filed by a licensed land surveyor as required by
California law.
10.C. Before removing any traffic control or street signs on the Project site, DBE must
take photographs showing their original locations. Upon completion of each phase
of construction, DBE must temporarily reset the signs at those locations. DBE must
then replace the signs permanently upon completion of the Work and the cost of
their removal and replacement must be included in the Bid Proposal.
10.D. DBE must maintain any rural mailboxes on the Project site and relocate them to
their permanent locations as soon as possible in the course of the Work, to the
satisfaction of the affected property owners and the postal service
END OF SPECIAL CONDITIONS
Project Info
CUSTOMER AND FACILITY INFO
Project Number 000125653244
Program Complex Self Generation
Sub Program Expanded NEM and Larger Paired Storage
Expanded NEM Expanded NEM Aggregation
Service Type New Generating Facility (Existing Electric Service)
Is this application for new construction?No
Electric Service Agreement Number 0116367840
Electric Badge Meter Number 1009512069
PG&E Project Name Quinlan and Senior Center NEMA
Facility Info Company
Account Holder Name CITY OF CUPERTINO
First Name
Last Name
Company Name CITY OF CUPERTINO
Legal Status
State of Incorporation
Facility Address 10185 N STELLING RD
Zip 95014
City CUPERTINO
State CA
Phone 4087773362
Extn
Email AndreD@cupertino.org
Confirm Email AndreD@cupertino.org
ADDITIONAL FACILITY INFO
Residential Generator Account No
Disaster Impacted No
Study Process Fast Track
Max three-phase fault 1675
Short Circuit Interruption Rating 65000
Account Considerations An interconnection under Community Choice
Aggregation Service (CCA)
Contact Info
CUSTOMER CONTACT
Customer Contact Facility Street Address
Customer First Name Andre
Customer Last Name Duurvoort
Customer Company Name CITY OF CUPERTINO
Title Sustainability Manager
Customer Mailing Address 10185 N STELLING RD
Cupertino Quinlan Community Center_Application Summary -
2024-08-27T160743.091
DOCUMENT 1.11 - NEM2 APPLICATIONS FOR THREE SITES
Customer Mailing Address Zip Code 95014
Customer Mailing Address City CUPERTINO
Customer Mailing Address State CA
Customer Phone Number 4087773362
Customer Phone Extension
Customer E-mail AndreD@cupertino.org
Legal Status
CONTRACTOR
Self Installed?No
CSLB Number
Contractor First Name Taylor
Contractor Last Name Bohlen
Contractor Company Syserco Energy Solutions, Inc
Contractor Address 215 Fourier Ave, Suite 140
Zip 94539
Contractor City FREMONT
Contractor State CA
Contractor Phone Number 5108711313
Contractor Phone Ext
Contractor Email t.bohlen@syserco-es.com
AUTHORIZED CONTACT
Authorized Contact the Contractor
Authorized Contact First Name Taylor
Authorized Contact Last Name Bohlen
Authorized Contact Company Syserco Energy Solutions, Inc
Authorized Contact Address 215 Fourier Ave, Suite 140
Authorized Contact Zip 94539
Authorized Contact City FREMONT
Authorized Contact State CA
Authorized Contact Phone 5108711313
Authorized Contact Phone Extn
Authorized Contact Email t.bohlen@syserco-es.com
Authorized Contact Confirm Email t.bohlen@syserco-es.com
Equipment
EQUIPMENT DETAILS
Program Expanded NEM
Tech Type Solar PV
Generator Type Inverter-External
Fuel Type Solar
Will this Generator be used as a Backup?No
Please Select an Anti-Island Detection
Method
Group 1 : Frequency Shift with continuous positive
frequency feedback
Do you plan to limit export?No
Not Listed No
Manufacturer Chint Power Systems America
Model CPS SCA50KTL-DO/US-480 [480V] [SI1-SB]
Quantity 5
Nameplate Rating (kW)50.000
Nameplate Rating (kVA)50.0
Nameplate Capacity (kW)250.0
Effective Rating (kVA)246.250000
Effective Rating (kW)246.250000
Inverter Efficiency 0.985
Output Voltage Rating 480.0
Phase Three Phase
Power Factor 1.00
Power Factor Adjustment Max 0.8
Power Factor Adjustment Min 0.8
Short Circuit Contribution exceeds 1.2 per
unit No
Total Gen (kW)250.0
Tech Type Solar PV
Generator Type PV Panels
Fuel Type Solar
Not Listed No
Manufacturer Trina Solar
Model TSM-575NEG19RC.20
Quantity 516
Inverter Efficiency 0.985
PTC Rating (kW-DC)0.5397
Nameplate Rating (kW)0.5316045
Nameplate Capacity (kW)274.307922
CEC AC Rating 274.307922
Total Gen (kW)278.4852
Program Expanded NEM
Tech Type Solar PV
Generator Type Inverter-External
Fuel Type Solar
Will this Generator be used as a Backup?No
Please Select an Anti-Island Detection
Method
Group 1 : Frequency Shift with continuous positive
frequency feedback
Do you plan to limit export?No
Not Listed No
Manufacturer Chint Power Systems America
Model CPS SCA25KTL-DO-R/US-480 [480V] [SI1-SB]
Quantity 1
Nameplate Rating (kW)25.000
Nameplate Rating (kVA)25.0
Nameplate Capacity (kW)25.0
Effective Rating (kVA)24.500000
Effective Rating (kW)24.500000
Inverter Efficiency 0.98
Output Voltage Rating 480.0
Phase Three Phase
Power Factor 1.00
Power Factor Adjustment Max 0.8
Power Factor Adjustment Min 0.8
Short Circuit Contribution exceeds 1.2 per
unit No
Total Gen (kW)25.0
Tech Type Solar PV
Generator Type PV Panels
Fuel Type Solar
Not Listed No
Manufacturer Trina Solar
Model TSM-575NEG19RC.20
Quantity 48
Inverter Efficiency 0.98
PTC Rating (kW-DC)0.5397
Nameplate Rating (kW)0.528906
Nameplate Capacity (kW)25.387488
CEC AC Rating 25.387488
Total Gen (kW)25.9056
Project Total Export (kW)275
GENERATING FACILITY NP (kVA)75
Short Circuit Interrupting Rating 65000
VARIANCE
Interconnection Main Breaker PG&E Side (Line Side Tap Will Be Installed)
Not Listed No
Manufacturer Cutler-Hammer
Model DH366NRK
Quantity 1
Rating (Amps)600
AC Disconnect within 10 ft of the main service
panel Yes
Does this project meet the Distribution
Interconnect Handbook (DIH) and Greenbook
Requirements?
Yes
WARRANTY
Equipment Warranty Verification A warranty of at least 10 years has been provided on all
equipment and on its installation.
ICA Capacity Values
Generation Hosting Capacity (OP Flex)10
Generic PV Hosting Capacity (OP Flex)10
Generation Hosting Capacity (SG)800
Generic PV Hosting Capacity (SG)1030
ICA Protection Value 210
Customer Sector
SOLAR STATISTICS DATA
Solar Customer Sector Other Government
Solar PV Mounting Method Ground
Solar PV Tracking Type Fixed
Solar PV Tracking Fixed Tilt 7
Solar PV Tracking Fixed Azimuth 180
Solar PMRS Yes
Solar PMRS Data Receiving Customer
Solar System Owner PGE Customer Owned
Solar System Cost 1600000
Solar PACE Financed No
Payment Method Paid by Cash
CA Rebate Program No
California Solar Initiative Rebate No
CSI Eligible No
Electric Vehicles No
FACILITY NAMEPLATE
Facility Nameplate (kW)275
Aggregation
Program Account Type Generator Account
Parcel Number 32654041
Account Type Existing
Program Account Number 0116367840
Program Meter Number 1009512069
Program Address 10185 N STELLING RD
Program Zip Code 95014
Program City CUPERTINO
Program State CA
NEMA Electric Account Number 0116367009
NEMA Electric Rate Schedule B10S
NEMA Generator Account Annual kWh 374332.52
Planning Increase in Annual Usage?No
Program Account Type Load Account
Parcel Number 32629006
Account Type Existing
Program Account Number 0113736756
Program Meter Number 1009514262
Program Address 21251 STEVENS CREEK BLVD
Program Zip Code 95014
Program City CUPERTINO
Program State CA
NEMA Electric Account Number 0116367009
NEMA Electric Rate Schedule B10S
NEMA Generator Account Annual kWh 141694.5
Planning Increase in Annual Usage?No
NEMA Total Annual kWh 516027.02
Total Of Planned Increase In Annual Usage
(kWh)0
Total Expected Annual Usage (kWh)516027.02
NEMA Estimated Annual Solar kWh 449543.115
CUSTOMER NAME VARIATIONS
Variations on Customer Name Cupertino City Of
Documents
Manufacturer's Documentation for Anti-islanding
Method 2023-03-14 15:51:36
Building Permit Number
Assessor Parcel Number
Building Permit Date Applied
Building Permit Final Sign off Date
Single-Line Drawing 2023-03-27 16:37:41
Site Plans and Diagrams 2023-03-14 15:51:37
AC Disconnect Variance Requested Yes
Variance Photos 2023-03-14 15:51:37
NEM Aggregation Spreadsheet 2023-03-14 15:51:37
Parcel Map Documentation 2023-03-14 15:51:38
Additional Technical Documentation 2023-03-14 15:51:38
Review and Submit
APPLICATION REVIEW
Payment
Amount Paid 145
Payment Date 2023-03-27
Payment Type CreditCard
Paypal Reference rk1x0x2k
Payment Order ID 5644347_20230327164405
Project Info
CUSTOMER AND FACILITY INFO
Project Number 000125648034
Program Complex Self Generation
Sub Program Expanded NEM and Larger Paired Storage
Expanded NEM Expanded NEM
Service Type New Generating Facility (Existing Electric Service)
Is this application for new construction?No
Electric Service Agreement Number 0116971849
Electric Badge Meter Number 1010260937
PG&E Project Name Sports Center
Facility Info Company
Account Holder Name CITY OF CUPERTINO
First Name
Last Name
Company Name CITY OF CUPERTINO
Legal Status
State of Incorporation
Facility Address 21111 STEVENS CREEK BLVD
Zip 95014
City CUPERTINO
State CA
Phone 4087773362
Extn
Email AndreD@cupertino.org
Confirm Email AndreD@cupertino.org
ADDITIONAL FACILITY INFO
Disaster Impacted No
Study Process Fast Track
Max three-phase fault 1250
Short Circuit Interruption Rating 30000
Account Considerations An interconnection under Community Choice
Aggregation Service (CCA)
Contact Info
CUSTOMER CONTACT
Customer Contact Facility Street Address
Customer First Name Andre
Customer Last Name Duurvoort
Customer Company Name CITY OF CUPERTINO
Title Sustainability Manager
Customer Mailing Address 21111 STEVENS CREEK BLVD
Customer Mailing Address Zip Code 95014
Cupertino Sports Center_Application Summary -
2024-08-27T160746.968
Customer Mailing Address City CUPERTINO
Customer Mailing Address State CA
Customer Phone Number 4087773362
Customer Phone Extension
Customer E-mail AndreD@cupertino.org
Legal Status
CONTRACTOR
Self Installed?No
CSLB Number
Contractor First Name Taylor
Contractor Last Name Bohlen
Contractor Company Syserco Energy Solutions, Inc
Contractor Address 215 Fourier Ave, Suite 140
Zip 94539
Contractor City FREMONT
Contractor State CA
Contractor Phone Number 5108711313
Contractor Phone Ext
Contractor Email t.bohlen@syserco-es.com
AUTHORIZED CONTACT
Authorized Contact the Contractor
Authorized Contact First Name Taylor
Authorized Contact Last Name Bohlen
Authorized Contact Company Syserco Energy Solutions, Inc
Authorized Contact Address 215 Fourier Ave, Suite 140
Authorized Contact Zip 94539
Authorized Contact City FREMONT
Authorized Contact State CA
Authorized Contact Phone 5108711313
Authorized Contact Phone Extn
Authorized Contact Email t.bohlen@syserco-es.com
Authorized Contact Confirm Email t.bohlen@syserco-es.com
Equipment
EQUIPMENT DETAILS
Program Expanded NEM
Tech Type Solar PV
Generator Type Inverter-External
Fuel Type Solar
Will this Generator be used as a Backup?No
Please Select an Anti-Island Detection
Method
Group 1 : Frequency Shift with continuous positive
frequency feedback
Do you plan to limit export?No
Not Listed No
Manufacturer Chint Power Systems America
Model CPS SCA50KTL-DO/US-480 [480V] [SI1-SB]
Quantity 2
Nameplate Rating (kW)50
Nameplate Rating (kVA)50
Nameplate Capacity (kW)100
Effective Rating (kVA)98.500000
Effective Rating (kW)98.500000
Inverter Efficiency 0.985
Output Voltage Rating 480
Phase Three Phase
Power Factor 1
Power Factor Adjustment Max 0.8
Power Factor Adjustment Min 0.8
Short Circuit Contribution exceeds 1.2 per
unit No
Total Gen (kW)100
Tech Type Solar PV
Generator Type PV Panels
Fuel Type Solar
Not Listed No
Manufacturer Trina Solar
Model TSM-575NEG19RC.20
Quantity 195
Inverter Efficiency 0.985
PTC Rating (kW-DC)0.5397
Nameplate Rating (kW)0.5316045
Nameplate Capacity (kW)103.6628775
CEC AC Rating 103.6628775
Total Gen (kW)105.2415
Program Expanded NEM
Tech Type Solar PV
Generator Type Inverter-External
Fuel Type Solar
Will this Generator be used as a Backup?No
Please Select an Anti-Island Detection
Method
Group 1 : Frequency Shift with continuous positive
frequency feedback
Do you plan to limit export?No
Not Listed No
Manufacturer Chint Power Systems America
Model CPS SCA36KTL-DO/US [480V] [SI1-JUN20]
Quantity 2
Nameplate Rating (kW)36
Nameplate Rating (kVA)36
Nameplate Capacity (kW)72
Effective Rating (kVA)70.560000
Effective Rating (kW)70.560000
Inverter Efficiency 0.98
Output Voltage Rating 480
Phase Three Phase
Power Factor 1
Power Factor Adjustment Max 0.8
Power Factor Adjustment Min 0.8
Short Circuit Contribution exceeds 1.2 per
unit No
Total Gen (kW)72
Tech Type Solar PV
Generator Type PV Panels
Fuel Type Solar
Not Listed No
Manufacturer Trina Solar
Model TSM-575NEG19RC.20
Quantity 138
Inverter Efficiency 0.98
PTC Rating (kW-DC)0.5397
Nameplate Rating (kW)0.528906
Nameplate Capacity (kW)72.989028
CEC AC Rating 72.989028
Total Gen (kW)74.4786
Program Expanded NEM
Tech Type Solar PV
Generator Type Inverter-External
Fuel Type Solar
Will this Generator be used as a Backup?No
Please Select an Anti-Island Detection
Method
Group 1 : Frequency Shift with continuous positive
frequency feedback
Do you plan to limit export?No
Not Listed No
Manufacturer Chint Power Systems America
Model CPS SCA25KTL-DO-R/US-480 [480V] [SI1-SB]
Quantity 1
Nameplate Rating (kW)25
Nameplate Rating (kVA)25
Nameplate Capacity (kW)25
Effective Rating (kVA)24.500000
Effective Rating (kW)24.500000
Inverter Efficiency 0.98
Output Voltage Rating 480
Phase Three Phase
Power Factor 1
Power Factor Adjustment Max 0.8
Power Factor Adjustment Min 0.8
Short Circuit Contribution exceeds 1.2 per
unit No
Total Gen (kW)25
Tech Type Solar PV
Generator Type PV Panels
Fuel Type Solar
Not Listed No
Manufacturer Trina Solar
Model TSM-575NEG19RC.20
Quantity 48
Inverter Efficiency 0.98
PTC Rating (kW-DC)0.5397
Nameplate Rating (kW)0.528906
Nameplate Capacity (kW)25.387488
CEC AC Rating 25.387488
Total Gen (kW)25.9056
Project Total Export (kW)197
GENERATING FACILITY NP (kVA)111
Short Circuit Interrupting Rating 30000
VARIANCE
Interconnection Main Breaker PG&E Side (Line Side Tap Will Be Installed)
Not Listed No
Manufacturer Cutler-Hammer
Model DH365FGK
Quantity 1
Rating (Amps)400
AC Disconnect within 10 ft of the main service
panel Yes
Does this project meet the Distribution
Interconnect Handbook (DIH) and Greenbook
Requirements?
Yes
WARRANTY
Equipment Warranty Verification A warranty of at least 10 years has been provided on all
equipment and on its installation.
ICA Capacity Values
Generation Hosting Capacity (OP Flex)420
Generic PV Hosting Capacity (OP Flex)510
Generation Hosting Capacity (SG)420
Generic PV Hosting Capacity (SG)510
ICA Protection Value 90
Customer Sector
SOLAR STATISTICS DATA
Solar Customer Sector Other Government
Solar PV Mounting Method Ground
Solar PV Tracking Type Fixed
Solar PV Tracking Fixed Tilt 7
Solar PV Tracking Fixed Azimuth 270
Solar PMRS Yes
Solar PMRS Data Receiving Customer
Solar System Owner PGE Customer Owned
Solar System Cost 1100000
Solar PACE Financed No
Payment Method Paid by Cash
CA Rebate Program No
California Solar Initiative Rebate No
CSI Eligible No
Electric Vehicles No
FACILITY NAMEPLATE
Facility Nameplate (kW)197
Documents
Manufacturer's Documentation for Anti-islanding
Method 2023-03-13 18:24:09
Building Permit Number
Assessor Parcel Number
Building Permit Date Applied
Building Permit Final Sign off Date
Single-Line Drawing 2023-03-27 15:41:03
Site Plans and Diagrams 2023-03-13 18:24:09
AC Disconnect Variance Requested Yes
Variance Photos 2023-03-13 18:24:10
Additional Technical Documentation 2023-03-13 18:24:10
Review and Submit
APPLICATION REVIEW
Payment
Amount Paid 145
Payment Date 2023-03-27
Payment Type CreditCard
Paypal Reference af46f0ds
Payment Order ID 5623606_20230327154453
Project Info
CUSTOMER AND FACILITY INFO
Project Number 000125647696
Program Complex Self Generation
Sub Program Expanded NEM and Larger Paired Storage
Expanded NEM Expanded NEM
Service Type New Generating Facility (Existing Electric Service)
Is this application for new construction?No
Electric Service Agreement Number 0116367449
Electric Badge Meter Number 1009538478
PG&E Project Name Civic Center
Facility Info Company
Account Holder Name CITY OF CUPERTINO
First Name
Last Name
Company Name CITY OF CUPERTINO
Legal Status
State of Incorporation
Facility Address 10350 TORRE AVE
Zip 95014
City CUPERTINO
State CA
Phone 4087773362
Extn
Email AndreD@cupertino.org
Confirm Email AndreD@cupertino.org
ADDITIONAL FACILITY INFO
Disaster Impacted No
Study Process Fast Track
Max three-phase fault 331
Short Circuit Interruption Rating 65000
Account Considerations An interconnection under Community Choice
Aggregation Service (CCA)
Contact Info
CUSTOMER CONTACT
Customer Contact Facility Street Address
Customer First Name Andre
Customer Last Name Duurvoort
Customer Company Name CITY OF CUPERTINO
Title Sustainability Manager
Customer Mailing Address 10350 TORRE AVE
Customer Mailing Address Zip Code 95014
Cupertino Community Hall_Application Summary -
2024-08-27T160753.228
Customer Mailing Address City CUPERTINO
Customer Mailing Address State CA
Customer Phone Number 4087773362
Customer Phone Extension
Customer E-mail AndreD@cupertino.org
Legal Status
CONTRACTOR
Self Installed?No
CSLB Number
Contractor First Name Taylor
Contractor Last Name Bohlen
Contractor Company Syserco Energy Solutions, Inc
Contractor Address 215 Fourier Ave, Suite 140
Zip 94539
Contractor City FREMONT
Contractor State CA
Contractor Phone Number 5108711313
Contractor Phone Ext
Contractor Email t.bohlen@syserco-es.com
AUTHORIZED CONTACT
Authorized Contact the Contractor
Authorized Contact First Name Taylor
Authorized Contact Last Name Bohlen
Authorized Contact Company Syserco Energy Solutions, Inc
Authorized Contact Address 215 Fourier Ave, Suite 140
Authorized Contact Zip 94539
Authorized Contact City FREMONT
Authorized Contact State CA
Authorized Contact Phone 5108711313
Authorized Contact Phone Extn
Authorized Contact Email t.bohlen@syserco-es.com
Authorized Contact Confirm Email t.bohlen@syserco-es.com
Equipment
EQUIPMENT DETAILS
Program Expanded NEM
Tech Type Solar PV
Generator Type Inverter-External
Fuel Type Solar
Will this Generator be used as a Backup?No
Please Select an Anti-Island Detection
Method
Group 1 : Frequency Shift with continuous positive
frequency feedback
Do you plan to limit export?No
Not Listed No
Manufacturer Chint Power Systems America
Model CPS SCA50KTL-DO/US-480 [480V] [SI1-SB]
Quantity 1
Nameplate Rating (kW)50.000
Nameplate Rating (kVA)50.0
Nameplate Capacity (kW)50.0
Effective Rating (kVA)49.250000
Effective Rating (kW)49.250000
Inverter Efficiency 0.985
Output Voltage Rating 480.0
Phase Three Phase
Power Factor 1.00
Power Factor Adjustment Max 0.8
Power Factor Adjustment Min 0.8
Short Circuit Contribution exceeds 1.2 per
unit No
Total Gen (kW)50.0
Tech Type Solar PV
Generator Type PV Panels
Fuel Type Solar
Not Listed No
Manufacturer Trina Solar
Model TSM-575NEG19RC.20
Quantity 92
Inverter Efficiency 0.985
PTC Rating (kW-DC)0.5397
Nameplate Rating (kW)0.5316045
Nameplate Capacity (kW)48.907614
CEC AC Rating 48.907614
Total Gen (kW)49.6524
Project Total Export (kW)50
GENERATING FACILITY NP (kVA)50
Short Circuit Interrupting Rating 65000
VARIANCE
Interconnection Main Breaker Customer Side (Recommended)
Not Listed No
Manufacturer Cutler-Hammer
Model DH324NRK
Quantity 1
Rating (Amps)200
AC Disconnect within 10 ft of the main service
panel Yes
Does this project meet the Distribution
Interconnect Handbook (DIH) and Greenbook
Requirements?
Yes
WARRANTY
Equipment Warranty Verification A warranty of at least 10 years has been provided on all
equipment and on its installation.
ICA Capacity Values
Generation Hosting Capacity (OP Flex)0
Generic PV Hosting Capacity (OP Flex)0
Generation Hosting Capacity (SG)1100
Generic PV Hosting Capacity (SG)1470
ICA Protection Value 270
Customer Sector
SOLAR STATISTICS DATA
Solar Customer Sector Other Government
Solar PV Mounting Method Rooftop
Solar PV Tracking Type Fixed
Solar PV Tracking Fixed Tilt 15
Solar PV Tracking Fixed Azimuth 180
Solar PMRS Yes
Solar PMRS Data Receiving Customer
Solar System Owner PGE Customer Owned
Solar System Cost 250000
Solar PACE Financed No
Payment Method Paid by Cash
CA Rebate Program No
California Solar Initiative Rebate No
CSI Eligible No
Electric Vehicles No
FACILITY NAMEPLATE
Facility Nameplate (kW)50
Documents
Manufacturer's Documentation for Anti-islanding
Method 2023-03-13 17:01:30
Building Permit Number
Assessor Parcel Number
Building Permit Date Applied
Building Permit Final Sign off Date
Single-Line Drawing 2023-03-13 17:01:30
Site Plans and Diagrams 2023-03-13 17:01:30
AC Disconnect Variance Requested No
Review and Submit
APPLICATION REVIEW
Payment
Amount Paid 145
Payment Date 2023-03-27
Payment Type CreditCard
Paypal Reference px5gzcxa
Payment Order ID 5622411_20230327155543
February 10, 2025
Syserco Energy Solutions, Inc.
Attn: Majd Khleif
215 Fourier Avenue Suite 140
Fremont, CA 94539
Re: Notice of Potential Award, Photovoltaic Systems Design and Installation project
I am pleased to inform you that the Cupertino City Council awarded the Contract for the
Photovoltaic Systems Design and Installation project (“Project”) to Sysercon Energy
Solutions, Inc. as the Design‐Build Entity (“DBE”) for the Contract Amount of
$3,939,881.00, based on DBE’s Request for Proposals (RFP) submittal, received on
December 27, 2024.
A draft copy of the Contract accompanies this Notice. DBE must return the required
Payment Bond and Performance Bond, insurance certificates and endorsements, W‐9
form, valid Certificates of Reported Compliance for its fleet and its listed Subcontractors,
as required under the California Air Resources Board’s In‐Use Off‐Road Diesel‐Fueled
Fleets Regulation (13 CCR § 2449 et seq.), if applicable, no later than ten calendar days
from the date of this Notice of Potential Award, above. Upon review and approval of
bond and insurance documents, the Contract will be routed for electronic signature via
email. The Contract must be signed by the DBE within three working days after the
Contract is provided electronically for signature.
This Notice of Potential Award does not bind the City to award the Contract. The City,
acting through its City Council or authorized designee, reserves the right to reject any or
all bids, and the right to decline to award the Contract, notwithstanding any staff
recommendation.
Unless expressly authorized or required to engage in any contractual activities, such as
preparing submittals, DBE must not commence Work until directed by the Notice to
Proceed and will not be entitled to compensation or credit for any Work performed
before the date specified in the Notice to Proceed.
Docusign Envelope ID: C1E0E27F-C1D6-4E66-BEB6-645935F21651
Please acknowledge receipt of this Notice of Potential Award by signing the attached
Acknowledgement of Notice of Potential Award, as indicated, and transmitting the
Acknowledgement to my office via email at susanm@cupertino.gov. Do not hesitate to
contact me if you have any questions in this regard.
Sincerely,
Susan Michael
CIP Manager, City of Cupertino
Enclosure
CC: Derek Eggers (SES), Scott Menizin (SES), Gabe Johnson (SES), Chad Mosley (City of
Cupertino)
Docusign Envelope ID: C1E0E27F-C1D6-4E66-BEB6-645935F21651
Acknowledgement of Notice of Potential Award
On behalf of Syserco Energy Solutions, Inc. (“Contractor”), I acknowledge receipt of the
Notice of Potential Award for the Photovoltaic Systems Design and Installation project:
s/_________________________________
Name: _____________________________
Title: ______________________________
Date: ______________________________
Docusign Envelope ID: C1E0E27F-C1D6-4E66-BEB6-645935F21651
Majd Khleif
CEO
02/13/25
