REQUEST FOR PROPOSAL...Page 1 February 21, 2020of 27 REQUEST FOR PROPOSAL The Montecito Fire...

of 27 February 21, 2020

REQUEST FOR PROPOSAL

The Montecito Fire Protection District requests Competitive Sealed Proposals for:

RFP# 2020-001 Solar Energy Project at

Fire Station 1

1. Overview 1.1. General Project Description

Montecito Fire Protection District (MFPD) is interested in the installation of solar photovoltaic

systems, at Fire Station 1, located at 595 San Ysidro Road, that will generate power to be

purchased by MFPD through a long-term Power Purchase Agreement ("PPA") or equivalent,

with available buyout options. Under the PPA, MFPD will pay no capital costs for the design,

construction, installation, operation and maintenance of the photovoltaic systems. MFPD will

grant an easement or license over portions of the Station 1 property where the PV systems

will be installed. MFPD will purchase the energy generated from the systems and the overall

cost of twenty (20) years of energy purchase will be less than the projected costs to MFPD of

energy that will be consumed by MFPD in the absence of the Project. The Proposer will

design, procure and install equipment, operate and maintain the solar PV systems to generate

energy at Station 1, taking into account electrical usage and demand and load patterns,

installation costs, and other relevant factors, with the intent that the Proposer will generate

energy and sell it to MFPD at a cost lower than MFPD's current energy prices. Proposer will be

responsible for all activities related to interconnection, metering and any financial incentives

through Southern California Edison.

Ideally, the Project would meet all current needs and anticipated new electrical needs, though

MFPD will entertain proposals for less than those needs with explanation from the proposer.

In no case will MFPD entertain proposals for more than the current electrical needs plus the

anticipated electrical needs.


1.2. Request for Proposal (RFP) Coordinator

All communications concerning this RFP must be submitted via email to the RFP Coordinator

identified below. The RFP Coordinator will be the point of contact for this RFP. Emails should

also be copied to Scott Chapman, MFPD Battalion Chief, at [email protected].

Dan Underwood Underwood Management Resources, Inc.

[email protected]

805-451-6250

1.3. Associated Consultants / Team Members

MFPD has hired the following consultants to assist in the design, management, coordination, and

quality control of this project:

Construction Management – Underwood Management Resources, Inc (Dan Underwood)

Electrical Engineering – JMPE (John Maloney)

MFPD reserves the right to share with any consultant of its choosing this RFP and all proposals

received in order to secure a second opinion. MFPD may also invite said consultant to participate in

the proposal evaluation and interview process.

1.4. Proposal Preparation Costs

MFPD will not pay any costs associated with the preparation, submittal, or presentation of any

proposal response.

1.5. RFP Amendment and Cancellation

MFPD reserves the unilateral right to amend this RFP in writing at any time. The MFPD also reserves

the right to cancel or reissue the RFP at its sole discretion. If an amendment is issued, it will be

provided to all registered Proposers.

1.6. Intent to Propose

Each Proposer that plans to submit a proposal should register by email with the RFP Project

Coordinator. The email should indicate the Proposer's intent to respond to this RFP, and include:

Company name

Name and title of Proposer main contact

Proposer main contact address, telephone number, and email address

The "Intent to Propose" email is highly recommended to ensure receipt of RFP amendments,

responses to Proposer questions, and other communications regarding the RFP. The Intent to

Propose is not intended to bind Proposers to submitting a proposal.

mailto:[email protected]

mailto:[email protected]


1.7. RFP Questions

Specific questions concerning the RFP should be submitted via e-mail to the RFP Coordinator by the

date identified in RFP Section 2.2. Copies of all questions and MFPD’s responses will be emailed to all

registered Proposers.

2. RFP Schedule 2.1. Optional Site Visit Prior to Proposal Submission

Any prospective Proposer may request a tour of the property by contacting the RFP Coordinator

and requesting a site tour. Prospective proposers shall not enter the site without receiving prior

permission.

2.2. RFP Schedule

EVENT DATE / TIME

RFP Issuance February 21, 2020

Site Visit March 11, 2020

Intent to Propose submittal (recommended) March 27, 2020

Deadline for Proposer questions 5:00PM, March 27, 2020

Deadline for MFPD response to Proposer questions 5:00PM, April 3, 2020

Deadline for proposal submittal 2:00PM, April 14, 2020

Public proposal opening 2:15PM, April 14, 2020

Interviews and Proposer selection by MFPD Through April 24, 2020

Contract Award by MFPD Board April 27, 2020

3. Proposer Qualifications

3.1. Qualifications to Propose

Proposer must have successfully completed a minimum of three (3) solar energy projects for

public agencies within the last five years (Completed Projects). Completed Projects must be fully

operational, on-line, and generating power which is being invoiced to one or more customers at

the time of this submittal. Proposers must provide information about Completed Projects and

authorize MFPD to contact the owner.

To qualify, the Proposer must either individually or collectively demonstrate extensive training,

relevant expertise, and a thorough knowledge of the professional services, functions, activities,

and related responsibilities to successfully perform its role in this solar project. Proposer shall

possess:

Valid and pertinent State of California contractor construction licenses.

All electrical work to be performed by individuals holding a California C-10 license, or if

under the supervision of a C-10 contractor be a California Certified Electrician or an

Electrician Trainee.


Professional engineering licenses for photovoltaic/electrical and structural work; or

provide evidence that individuals holding such licenses have performed work for the

Proposer in the past and are prepared to provide work under the proposed projects.

Special training and expertise as applicable. In specific, Proposer should possess OSHA 30

and NFPA 70 certifications.

Qualified references.

4. Proposal Submittal 4.1. General Instructions

MFPD discourages lengthy and costly proposals. Proposals should be prepared simply and

economically and provide a straightforward, concise description of the Proposer’s company,

qualifications, proposed solution, and capabilities to satisfy the requirements of this RFP.

Emphasis should be on completeness and clarity of content. Glossy sales and marketing

brochures are not necessary or desired.

4.2. Proposal Package Submittal

Proposal packages must be submitted no later than the date and time identified in Section

2.2. Proposers assume the risk of the method of delivery chosen. MFPD assumes no

responsibility for delays caused by any delivery service. A Proposer's failure to submit a

proposal before the deadline may cause the proposal to be disqualified and returned to

sender unopened. Postmarks will not be accepted as proof of receipt.

Proposers must submit, in a sealed package, four (4) signed copies of the Proposal Package

and one electronic copy of the Proposal Package. The electronic copy can be one single

document or the proposal and Attachments. Please submit in .pdf format.

The proposal package to be marked “Fire Station 1 – Solar Energy Project” and should be

mailed, couriered, or hand delivered as follows:

Montecito Fire Protection District Attn: Scott Chapman, Battalion Chief 595 San Ysidro Road Santa Barbara, CA 93108

4.3. Proposal Package Inclusions

The Proposal Package submitted by Proposer shall include the following:

Schedule for completion of work milestones:

o Program Design

o Submission

o County of Santa Barbara approved drawing

o Commencement of construction


o Substantial Completion

o Project Performance Certification and Close-out

Maintenance schedule stipulating duties such as visual inspection and electrical

monitoring; regular cleaning of soil, leaves and bird droppings; repair of animal damage

Cost Proposal:

System Performance

o Expected yearly and total cumulative kWh output over 20 years

o Expected annual performance degradation over 20 years (expressed as %

degradation per year)

o Identify the tools and models used to predict derive the kWh production; describe

and discuss all relevant modeling assumptions such as losses, efficiencies, soiling

and shading

Cost and Savings

o Cost per unit of predicted output ($/kWh) using the most advantageous utility rate

schedules as well as all underlying assumptions

over 10 years

over 20 years

o Chart of MFPD's projected savings annually under the proposed PPA.

o Include a comparison between (1) MFPD's annual energy costs now (see

Attachment D) and projected/predicted annual percentage increase in energy costs

over the next 20 years and (2) MFPD's annual energy costs after installation of the

PPA systems, including the proposed annual percentage increase and taking into

account the amount of energy MFPD will have to purchase from the local utility

due to predicted shortfalls in production, planned maintenance and unplanned

system outages

Include a discussion of any predicted demand charge reductions and any

guarantees associated with demand charge reductions.

o Pricing for Alternate A and Alternate B (See Attachment A – Scope of Work)

Proposed Solar PV Systems:

System

o Provide a detailed description of the PPA system proposed for the Project Site,

including preliminary site plan.

o Indicate the specific location, dimensions, and "footprint" of the proposed system;

using GPS coordinates or similar means of description.

o Indicate system size in both kWp (dc) and kW (ac) terms, based on applicable

California Energy Commission conventions.

o What are the key design and construction features of the system to optimize

performance and aesthetics on the site?

o Are any of the products or mounting strategies unique or proprietary to the

Proposer?


o Describe any identified issues or challenges and how you intend to address and/or

resolve them. Attention should be paid to environmental impacts and climatic

concerns common to the geographic region within which the Project Site is

located.

PV Modules

o Number of PV modules for the PPA

o PV module manufacturer and model number

o Provide manufacturing data sheets for the proposed PV modules

o Indicate the STC and PTC ratings for the proposed PV modules

Inverters

o Number and rating (kW)

o Inverter manufacturer, model number, and CEC efficiency (in %)

o Provide manufacturing data sheets for the proposed inverters

Design

o Provide an artist’s drawing, sample photo, or other visual material that will allow

MFPD to discern the aesthetic features of the proposed design.

Identification of and scope of work to be performed by contractors and subcontractors.

MFPD has preferences for locations of PV as well as type of PV. These preferences are

explained in Appendix A. Proposers suggesting a different type or location must provide

sufficient justification for the modification of the structure and location, including maps of

the proposed locations and drawings of the systems as they will look installed.

As part of the PPA, MFPD requires a performance guarantee for the system, including the

annual predicted kW production at the site for a period of twenty (20) years. This

guarantee will stipulate that MFPD shall be financially protected from any failure of any

site system to meet a percentage of the expected production levels.

As will be further detailed in any PPA entered into between the Proposer and MFPD, the

performance warranty will guarantee at least 90% production at 10 years and 85% at 20

years. This guarantee will stipulate that MFPD shall be financially protected from any

failure of any site system to meet a percentage of the expected production levels. In the

event that actual production falls below this threshold, a vendor must reimburse or

compensate MFPD (at the applicable PPA rate) for the shortfall.

All warranty information and durations

The proposal shall state whether MFPD or the Proposer will be eligible for rebates and

other financial incentives or will have ownership of environmental attributes, including

Renewable Energy Credits (REC) and carbon credits.

Discussion of different types of technologies and their appropriateness for this Project

(e.g., flat plate PV, thin film, concentrated PV, etc.).

Discussion of the effect on the PV module structures of any environmental and climatic

challenges commonly experienced in this geographic region, including, but not limited to,

wind, hail, dust, and temperature.


Net metering, and any resulting negative/positive impact (if any) on MFPD, should be

addressed.

At least five references for similar work done in the last five years.

Evidence of insurance

Completed and signed Proposer’s Statement of Qualifications, Attachment B.

Statement indicating the proposal remains valid for at least 120 days.

Statement that the Proposer, or any individual who will perform work for the Proposer, is

free of any conflict of interest (e.g., employment by MFPD).

Statement that the Proposer understands and is in full compliance with the requirements

of this RFP and the scope of work and specifications, as outlined in Attachment A. Any

deviation (not recommended) from the scope of work and specifications as described in

Attachment A, must be specifically identified in the Proposal Package.

Signature of a company officer empowered to bind the Proposer to the provisions of this

RFP and any contract awarded pursuant to it.

4.4. Proposal Errors

Proposers are liable for all errors or omissions contained in their proposals. Proposers will not

be allowed to alter proposal documents after the deadline for submitting a proposal.

4.5. Collusion

By submitting a response to the RFP, each Proposer represents and warrants that it’s response

is genuine and made in the interest of or on behalf of any person not named therein; that the

Proposer has not directly induced or solicited any other person to submit a sham response or

any other person to refrain from submitting a response; and that the Proposer has not in any

manner sought collusion to secure any improper advantage over any other person submitting

a response.

4.6. Required Review and Waiver of Objections

Comments concerning RFP objections must be made in writing and received by MFPD no later

than the "Deadline for Proposer Questions" detailed in Section 2.2. Protests based on any

objection will be considered waived and invalid if these faults have not been brought to the

attention of MFPD, in writing, by the “Deadline for Proposer Questions”.

4.7. Proprietary Information

A copy of each proposal will be retained for official files and will become public record after

the award of a contract unless the proposal, or specific parts of the proposal, can be shown to

be exempt by law (Government code §6276). Each Proposer may clearly label part of a

proposal as "CONFIDENTIAL" if the Proposer thereby agrees to indemnify and defend MFPD

for honoring such a designation. The failure to so label any information that is released by


MFPD will constitute a complete waiver of all claims for damages caused by any release of the

information.

4.8. Prevailing Wage

Contractors and subcontractors must be registered with the Department of Industrial

Relations (DIR) at the time of proposal, or else the proposal may be rejected as non-

responsive. (See Labor Code sections 1725.5 and 1771.1.) Each Proposer must submit proof

of contractor registration with DIR, e.g. - a hard copy of the relevant page of the DIR's

database found at: https://efiling.dir.ca.gov/PWCR/Search. This Contract is subject to

monitoring and enforcement by the DIR pursuant to Labor Code Section 1771.4.

4.9. Licensed Contractors

Proposers and their proposed subcontractors shall hold such licenses as may be required by

the laws of the State of California for the performance of the work specified. The selected

Proposer will also be required to ensure that all subcontractors working on the project are

holding valid licenses suitable for their trade.

5. Evaluation and Award 5.1. Proposal Package Evaluation

The contract will be awarded to the lowest responsible Proposer in accordance with the

competitive proposal procedures set out in the Public Contract Code section 20813. Proposals

will be evaluated based on the following:

Proposal Completeness. The degree to which the Proposer has included all of the

information requested in this RFP in a clear and concise manner.

Proposer's Financial Strength and Stability. Information indicating the Proposer’s financial

strength in terms of capital and liquid assets and lines of credit sufficient to successfully

complete the project described in this RFP and the stability of the Proposer in terms of

number of years in existence, professional capabilities and relevant photovoltaic systems

construction experience.

Proposed Design/Project Engineering Analysis. Information provided by the Proposer

detailing the predicted kWh generated by the proposed PV systems in this RFP. Includes

necessary assumptions (for example, site-specific solar resource, down time due to

scheduled maintenance and system failures, efficiencies and losses including system

soiling and shading losses net metering details, etc.). Proposers must note what locations

are proposed. It is required that a recognized system performance tool and models be

used as the basis of the predicted kWh. Qualifying tools include, PVwatts, System Advisor

Model, and Pvsyst.

Proposer's Experience. Actual experience in PV systems, in which the Proposer explains

how many comparable projects it has completed, the system sizes (kWpeak), and

commentary on references.

https://efiling.dir.ca.gov/PWCR/Search


Project Schedule. The degree to which the Proposer has the resources and capability to

realistic meet Project deadlines.

Pricing/Projected Savings to MFPD/Customer Service. Based on the variables, what

pricing (including escalator, if any) is proposed. Realistic projected savings for MFPD over

the next 20 years specifying the most advantageous, applicable SCE rate schedule.

Includes a plan for the Proposer to provide general training to MFPD staff and respond

quickly to service calls to ensure PV system is operating at optimum output.

5.2. Proposal Clarifications

MFPD reserves the right, at its sole discretion, to request proposal clarifications or conduct

discussions for the purpose of clarification with any or all Proposers. The purpose of any such

discussions shall be to ensure full understanding of the Proposals.

5.3. Execution

If the selected Proposer does not execute a contract with MFPD within thirty (30) business

days after notification of selection, MFPD may give notice to that Proposer of their intent to

select from the remaining Proposers or to call for new proposals, whichever MFPD deems

appropriate.

5.4. Right of Rejection

MFPD reserves the right, at its sole discretion, to reject any and all proposals or to cancel this

RFP in its entirety. Any proposal received which does not meet the requirements of this RFP

may be considered to be nonresponsive and the proposal may be rejected. Proposers must

comply with all of the terms of this RFP and all applicable State laws and regulations.

5.5. Variances

MFPD reserves the right, at its sole discretion, to waive technical variances in proposals

provided such action is in the best interest of MFPD. Where MFPD waives minor variances in

proposals, such waivers do not modify the RFP requirements or excuse the Proposer from full

compliance with the RFP. Notwithstanding any minor variance, the MFPD may hold any

Proposer to strict compliance with the RFP.

5.6. Binding Agreement

All legal rights and obligations between the Apparent Successful Proposer and MFPD will

come into existence if and only if a contract is approved by the MFPD Board and the same is

fully executed by the parties. The legal rights and obligations of each party shall at that time

be only those rights and obligations which are set forth in such fully executed agreement.


6. Rights of MFPD 6.1. MFPD Rights

MFPD reserves the right to:

Make the selection based on its sole discretion and that it deems to be in the

best interest of MFPD.

Reject any and all proposals

Issue subsequent Requests for Proposals

Postpone opening proposals, if necessary, for any reason

Remedy errors in the RFP process

Approve or disapprove the use of particular subcontractors

Negotiate with any, all, or none of the Proposers

Accept other than the lowest offer

Waive informalities and irregularities in the proposals

Enter into an agreement with another Proposer in the event the originally selected

Proposer defaults or fails to execute an agreement with MFPD


Attachment A

SCOPE OF WORK

MFPD will purchase electricity produced by the PV system under the terms and conditions of the PPA.

The scope of this Project is all inclusive and includes the following: project planning; system

engineering; labor; procurement of materials and equipment, and their delivery, and installation; and

system operation and maintenance as described below.

Proposer shall apply for and obtain all necessary permits from applicable regulatory agencies

including federal, state, and local jurisdictions. Proposers must use PV panels that are pre-approved

and eligible for California's Solar Electric Incentive Programs (See the guidelines at

https://ww2.energy.ca.gov/2018publications/CEC-300-2018-009/CEC-300-2018-009-CMF.pdf; see

also GoSolar California website, http://www.gosolarcalifornia.org/equipment/pv_modules.php). The

selected Proposer will be expected to secure financing for the Project and will be responsible for the

security of all Project materials.

Scope of PPA Services

Professional services to be provided by the selected firm, to include the following:

Energy Need Assessment. Thorough review of sites and assessment of energy needs.

Design. Complete set of one-line electrical schematic and high-level layout drawings.

Regulatory Approval Process. All plans and specifications which will meet the approval of

County of Santa Barbara Planning, Zoning, and Building; State/County Fire, and/or any other

agency having jurisdiction over project.

Interconnection with local utility. All required documentation and interface with utility

officials for connecting the system with the local utility.

Solar production shall include a web-based monitoring system which shall monitor the

production of the PV system and the electrical use of the facilities in real time. Both the solar

production and the NCC electrical use shall be electronically displayed for MFPD viewing via a

web-browser. A license to access this data shall be paid for by Proposed for the term of the

PPA.

Operations and Maintenance. Proposer to operate and maintain the system through the life

of the PPA. Proposer to be responsible for security and repair of the System, including graffiti,

vandalism, wind, rain, hail, flood, dust and damage due animals such as rodents and birds.

Government Code Compliance. MFPD intends to award the contract pursuant to Government

Code 4217.10 et seq. Proposer shall (in collaboration with a MFPD-appointed consultant, if

any), comply with all applicable requirements, including presenting findings to the Board at a

public hearing demonstrating that the costs to MFPD for Proposer to provide solar services

https://ww2.energy.ca.gov/2018publications/CEC-300-2018-009/CEC-300-2018-009-CMF.pdf

http://www.gosolarcalifornia.org/equipment/pv_modules.php


pursuant to the PPA are anticipated to be less than the projected costs to MFPD of energy

that will be consumed by MFPD in the absence of the PPA.

Alternate A: MFPD would like to see an alternative proposal that includes batteries to A.)

mitigate high tier electrical usage costs, and B.) provide whole site emergency backup

resiliency. Proposers may have this bid alternate presented as a flat fee, or may choose to

integrate this alternate into an alternate PPA.

Alternate B: MFPD would like to see an alternative proposal for the design, integration, and

permanent installation of a whole-site backup generator. This new 100kW generator will

arrive on site and be temporarily set in February, 2020 in order to allow for maximum

flexibility into the proposed design as part of the PPA. Proposers may have this bid alternate

presented as a flat fee, or may choose to integrate this alternate into an alternate PPA.

Codes and Standards

All products, components, construction, and installations must comply with applicable codes,

standards, and rating methodologies, including but not necessarily limited to the following:

All equipment provided, where applicable (e.g., PV modules, inverters and meters), must

meet the equipment certification and eligibility requirements of the California's Solar Electric

Incentive Programs; and must be installed according to the manufacturer’s installation

instructions.

If PV modules using hazardous materials are to be provided by the Proposer, then the

environmental impact of the hazardous material usage must be discussed, including any

special maintenance requirements and proper disposal/recycling of the modules at the end of

their useful life. Modules containing hazardous materials must comply with the EPA Landfill

Disposal Requirements. Any additional costs and/or MFPD responsibilities related to PV

modules containing hazardous materials must be clearly identified.

The solar array layout shall comply with all fire safety guidelines applicable to PV systems.

All PV module structures must be Santa Barbara County approved and shall be designed to

resist seismic loads and the climate impacts commonly experienced in this geographic region.

All installations shall comply with the most recent California Building Code, the California Fire

Code, the California Electrical Code and any local jurisdictional requirements.

UL or other NRTL certification.

National Electrical Code – 2019. Title 24 of the California Code of Regulations.

All outdoor enclosures should be at minimum rated NEMA 3R or better.

All applicable Occupational Health and Safety Administration ("OSHA") directives.

All supervisory personnel will be certified to applicable OSHA 30 and to NFPA 70 training

Local utility’s applicable interconnection requirements.


Attachment B

PROPOSER'S STATEMENT OF QUALIFICATIONS

Company Information

a. Company type (LLC, C-Corp, S-Corp, state of incorporation); years in existence, number of

employees.

b. Construction and professional engineering licenses held by your company, its full time

employees, or contractors who have provided professional services on past, comparable

projects and are prepared to provide work on these projects.

c. Financial performance. If public, provide a website link to your audited annual investment

reports. If private, attach audited financial statements for the past two (2) years.

d. Legal.

1. Has your firm or any of its officers, directors, partners, members or shareholders

been a defendant in a lawsuit or arbitration involving any equipment your firm has

installed? If so, please include a summary of the issues and the status of any lawsuit

(include case number and court location information) or arbitration.

2. Has your firm been a defendant in a lawsuit or arbitration alleging fraud or

misrepresentation? If so, please include a summary of the issues and the status of any

lawsuit (include case number and court location) or arbitration.

3. Has your firm or any subsidiary or parent thereof, filed for bankruptcy (involuntarily

or voluntarily) ? If so, please provide the case number and district court information.

4. Has your firm ever been the subject of a criminal or civil investigation brought by

any federal, state or local investigative or prosecutorial agency?

5. Have you, your organization, or any officer or partner thereof, not completed a

contract for any reason, including instances when your organization did not complete

a contract due to termination or dispute between the parties?

e. Project Team. Describe the specific, relevant experience of all identified key personnel who

will work on the Project described in this RFP.

f. Insurance. Submit a certificate of insurance with your firm’s proposal for all insurance your

firm carries, including the following:

Commercial General Liability Limits (per occurrence and aggregate)

Workers’ Compensation Insurance


Commercial Automobile Liability Limits (per occurrence and aggregate)

Professional Liability Limits (per occurrence and aggregate)

Employer’s Liability Limits (per occurrence and aggregate)

Employment Practices Liability Limits (per occurrence and aggregate)

Product insured for damage during installation/Builders’ Risk Limits

All of Proposer's insurance shall be with insurance companies with an A.M. Best rating

of no less than A:XI.

g. Certification of nondiscrimination. Each proposer must certify that it does not discriminate

in its employment with regard to race, color, religion, sex, or national origin; that it is in

compliance with all Federal, State, and local directives and executive orders regarding

nondiscrimination in employment; and that it agrees to demonstrate positively and

aggressively the principle of equal opportunity in employment.

h. If your company has a form PPA and accompanying documents it uses, please attach copies.

If not, MFPD will provide its own form PPA and Easement/License Agreement.

Solar Project Experience

Provide a list of similar solar projects which the Proposer completed within the last five (5) years. The

Proposer must have completed a minimum of three (3) public agency PV projects. Describe all the

currently operating nonresidential grid-connected PV systems that your company installed and

operates in California within the past five (5) years. For each, please provide the following

information:

Project description

Total installed System size (kWp); where System kWp is the sum total of the PV module kWp

ratings.

Customer/owner name

Location: street address or GPS co-ordinates

Indicate the type of system per the following categories:

o Rooftop

o Ground-based

fixed

tracking

o Carport/Shade Structure

fixed

tracking

o Battery Installation

Select five projects and include contact person’s name, email, address, phone number and

authorization for MFPD to contact such customer and communicate regarding their experience with

your company and their PV project.


Attachment C

MAP

Numbered in order of priority


Attachment D

STATION 1 - SUMMARY OF ENERGY COST

Anticipated new electrical needs include the following:

Extractor and drying cabinet

Magnetic vehicle exhaust removal system in the Apparatus Bay

YEAR MONTH KWH COST COST/KWH

December 8262 1,209.00$ 0.15$

November 8175 1,262.00$ 0.15$

October 8896 1,721.00$ 0.19$

September 8882 1,831.00$ 0.21$

August 8035 2,018.00$ 0.25$

July 8557 1,964.00$ 0.23$

June 7448 1,305.00$ 0.18$

May 7429 1,150.00$ 0.15$

April 7336 1,097.00$ 0.15$

March 7562 1,218.00$ 0.16$

February 7244 1,191.00$ 0.16$

January 7517 1,165.00$ 0.15$

2019 Total 95,343 17,131.00$ 0.18$

YEAR MONTH KWH COST COST/KWH

December 7749 1,202.00$ 0.16$

November 7995 1,203.00$ 0.15$

October 8051 1,604.00$ 0.20$

September 9662 2,042.00$ 0.21$

August 9636 2,227.00$ 0.23$

July 8836 2,064.00$ 0.23$

June 7576 1,288.00$ 0.17$

May 7194 1,149.00$ 0.16$

April 8303 1,193.00$ 0.14$

March 8484 1,284.00$ 0.15$

February 8187 1,265.00$ 0.15$

January 8874 1,286.00$ 0.14$

2018 Total 100,547 17,807.00$ 0.18$

2019

2018


Attachment E

Contract

AGREEMENT FOR CONSULTING SERVICES

This Agreement for Consulting Services (“Agreement”) is made and entered into in the County

of Santa Barbara, State of California, this day of , 20 , by and between the Montecito Fire Protection District (“District”) and (“Consultant”).

WHEREAS, District desires to hire Consultant to perform certain consulting services specified herein; and

WHEREAS, Consultant represents that Consultant and/or Consultant’s personnel have the qualifications and experience to properly perform such services:

NOW, THEREFORE, District and Consultant hereby agree as follows:

1. Scope of Services

Consultant shall furnish District with professional consulting services as more particularly set forth in Exhibit A attached hereto and incorporated by this reference in full herein.

2. Method of Performing Services

Subject to the terms and conditions of this Agreement, Consultant may determine the method, details, and means of performing the services described herein.

3. Standard of Performance

Consultant agrees to undertake and complete these services to conclusion, using that standard of care, skill, and diligence normally provided by a professional person in performance of similar consulting services.

4. Nonexclusive Services

This Agreement shall not be interpreted to prevent or preclude Consultant from rendering any services for Consultant’s own account or to any other person or entity as Consultant in its sole discretion shall determine. Consultant agrees that performing such services will not materially interfere with services to be performed for the District.

5. Coordination of Services


All services are to be coordinated with the Fire Chief or designee (“Fire Chief”) and shall be performed under the general direction of the Fire Chief. Page Break

6. Correction of Errors

Consultant agrees to correct, at its expense, all errors which may be disclosed during review of Consultant’s services. Should Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by District, and the cost thereof shall be paid by Consultant.

7. Principal in Charge

Consultant hereby designates , as its principal-in-charge and person responsible for necessary coordination with Fire Chief.

8. Time for Performance

All services performed under this Agreement shall be completed pursuant to the schedule provided in Exhibit A attached hereto and incorporated by this reference in full herein. District agrees to amend the performance terminate date whenever Consultant is delayed by action or inaction of District and Consultant promptly notified Fire Chief of such delays.

9. District’s Responsibility

District shall cooperate with Consultant as may be reasonably necessary for Consultant to perform its services. Fire Chief agrees to provide direction to Consultant as requested regarding particular project requirements.

10. Term of Agreement

Unless otherwise terminated as provided for herein, this Agreement shall begin on , 20 , and expire upon the completion of the Scope of Services contained in Exhibit A.

11. Termination

a.This Agreement may be terminated by District if Fire Chief notifies Consultant, in writing, of Fire Chief’s desire to terminate the Agreement. Such termination shall be effective ten calendar days from the date of delivery or mailing of such notice. District agrees to pay Consultant in full for all amounts due Consultant as of the effective date of termination, including any expenditures incurred on District’s behalf.

b.This Agreement may be terminated by Consultant if Consultant notifies Fire Chief, in writing, of Consultant’s desire to terminate the Agreement. Such termination shall be effective ten calendar days from the date of delivery or mailing of such notice and only if all assignments accepted by Consultant have been completed prior to the date of termination.


12. Compensation

a. District agrees to pay Consultant for services provided under this Agreement in the amount set forth in Exhibit B attached hereto and incorporated by this reference in full herein.

b. District shall reimburse Consultant for expenses under this Agreement in the amount set forth in Exhibit B.

c. The acceptance by Consultant of the final payment made under this Agreement shall constitute a release of District from all claims and liabilities for compensation to Consultant for anything completed, finished or relating to Consultant’s services.

d. Consultant agrees that payment by District shall not constitute nor be deemed a release of the responsibility and liability of Consultant or its employees, subcontractors, agents and subconsultants for the accuracy and competency of the information provided and/or services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by District for any defect or error in the services performed by Consultant, its employees, subcontractors, agents and subconsultants.

13. Non-Appropriation of Funds.

Payments to be made to Consultant by District for services performed within the current

fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of District. In the event District does not appropriate sufficient funds for payment of Consultant’s services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s services only up to the conclusion of the last fiscal year in which District appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

14. Records

a. Consultant agrees that all final computations, exhibits, files, plans, correspondence, reports, drawings, designs, data and photographs expressly required to be prepared by Consultant as part of the scope of services (“documents and materials”) shall be the property of District and shall, upon completion of the services or termination of this Agreement, be delivered to Fire Chief.

b.At District’s request, District shall be entitled to immediate possession of, and Consultant shall furnish to Fire Chief within ten days, all of the documents and materials. Consultant may retain copies of these documents and materials. c.Any substantive modification of the documents and materials by District staff or any use of the completed documents and materials for other District projects, or any use of


uncompleted documents and materials, without the written consent of Consultant, shall be at District’s sole risk and without liability or legal exposure to Consultant. District agrees to hold Consultant harmless from all damages, claims, expenses and losses arising out of any reuse of the documents and materials for purposes other than those described in this Agreement, unless Consultant consents in writing to such reuse.

15.Confidentiality of Information

Any documents and materials given to or prepared or assembled by Consultant under this

Agreement shall be confidential and shall not be made available to any third person or organization by Consultant without prior written approval of the Fire Chief.

16.Indemnity

Consultant agrees to indemnify, hold harmless and defend District, its District Council, and each member thereof, and every officer, employee, representative or agent of District, from any and all liability, claims, demands, actions, damages (whether in contract or tort, including personal injury, death at any time, or property damage), costs and financial loss, including all costs and expenses and fees of litigation or arbitration, that arise directly or indirectly from any acts or omissions related to this Agreement performed by Consultant or its agents, employees, subconsultants, subcontractors, consultants and other persons acting on Consultant’s behalf. This agreement to indemnify, hold harmless and defend shall apply whether such acts or omissions are the product of active negligence, passive negligence, or acts for which Consultant or its agents, employees, subconsultants, subcontractors, consultants and other persons acting on Consultant’s behalf would be held strictly liable.

17.Insurance

Consultant shall maintain prior to the beginning of and for the duration of this Agreement, insurance coverage as specified in Exhibit C attached hereto and incorporated by this reference in full herein.

18.Independent Contractor

a. District and Consultant agree that in the performance of the services, Consultant shall be, and is an independent contractor, and that Consultant and its employees are not employees of District. Consultant has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons assisting Consultant.

b. Consultant shall be solely responsible for, and shall save District harmless from, all matters relating to the payment of Consultant’s employees, agents, subcontractors and subconsultants, including compliance with social security requirements, federal and State income tax withholding and all other regulations governing employer-employee relations.


c. Consultant acknowledges that Consultant and Consultant’s employees are not entitled to receive from District any of the benefits or rights afforded employees of District, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, or health, life, dental, long-term disability and workers’ compensation insurance benefits.

19.Consultant Not Agent

Except as Fire Chief may specify in writing, Consultant, and its agents, employees,

subcontractors and subconsultants shall have no authority, expressed or implied, to act on behalf of District in any capacity, as agents or otherwise, or to bind District to any obligation.

20.Conflict of Interest

Consultant shall promptly inform Fire Chief of any contract, agreement, arrangement, or interest that Consultant may enter into or have during the performance of this Agreement that may conflict with District’s interests. This requirement includes contracts, agreements and arrangements with manufacturers, suppliers, contractors or other clients whose interests might be served by the services performed under this Agreement and Consultant’s or Consultant’s clients’ interest in land that might be affected by the services. Consultant shall take such measures as are necessary in the performance of this Agreement to prevent actual or appearances of conflicts of interest.

21.Assignability of Agreement

Consultant agrees that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s personnel’s unique competence, experience and specialized personal knowledge. Assignments of any or all rights, duties, or obligations of Consultant under this Agreement will be permitted only with the express written consent of Fire Chief, which consent may be withheld for any reason.

22.Successors and Assigns

Consultant and District agree that this Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of Consultant and District.

23.Force Majeure

Consultant and District agree that neither District nor Consultant shall be responsible for delays or failures in performance resulting from acts beyond the control of either party. Such acts shall include, but not be limited to acts of God, strikes, lockouts, riots, acts of war, epidemics, governmental regulations imposed after this Agreement was executed, fire, communication line failures, earthquakes, or other disasters.

24.Time of Essence


Consultant and District agree that time is of the essence in regard to performance of any

of the terms and conditions of this Agreement.

25.Governing Law

District and Consultant agree that the construction and interpretation of this Agreement and the rights and duties of District and Consultant hereunder shall be governed by the laws of the State of California.

26.Covenants and Conditions

Consultant and District agree that each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition.

27.Compliance with Laws

Consultant agrees to comply with all local, State, and federal laws, rules, and regulations, now or hereafter in force, pertaining to the services performed by Consultant pursuant to this Agreement.

28.Severability

District and Consultant agree that the invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision.

29.Waiver

District and Consultant agree that no waiver of a breach of any provision of this Agreement by either Consultant or District shall constitute a waiver of any other breach of the same provision or any other provision of this Agreement. Failure of either District or Consultant to enforce at any time, or from time to time, any provision of this Agreement, shall not be construed as a waiver of such provision or breach. Page Break

30.Counterparts

District and Consultant agree that this Agreement may be executed in two or more counterparts, each of which shall be deemed an original.

31.Expenses of Enforcement

Consultant and District agree that the prevailing party’s reasonable costs, attorneys’ fees and expenses, including investigation fees and expert witness fees, shall be paid by the non-prevailing party in any dispute involving the terms and conditions of this Agreement.


32.Authority to Execute

District and Consultant acknowledges that the person executing this Agreement have been

duly authorized by the District and Consultant to do so on behalf of District and Consultant.

33.Notices

a. Any notices to Consultant may be delivered personally or by mail addressed to , Attention: .

b. Any notices to District may be delivered personally or by mail addressed to Montecito Fire Protection District, 595 San Ysidro Road, Santa Barbara, CA 93108, Attention: Fire Chief.

34.Amendment

District and Consultant agree that the terms and conditions of the Agreement may be

reviewed or modified at any time. Any modifications to this Agreement, however, shall be effective only when agreed to in writing by both Fire Chief and Consultant.

35.Entire Agreement

District and Consultant agree that this Agreement constitutes the entire agreement of the parties regarding the subject matter described herein and supersedes all prior communications, agreements, and promises, either oral or written.

(Signatures appear on next page) MONTECITO FIRE PROTECTION CONSULTANT DISTRICT Kevin Taylor, Fire Chief


EXHIBIT A SCOPE OF SERVICES

As defined in the in the bidder’s response to RFP# 2020-001 Solar Energy Project at Fire Station 1


EXHIBIT B FEES AND COSTS

As defined in the in the bidder’s response to RFP# 2020-001 Solar Energy Project at Fire Station 1


EXHIBIT C INSURANCE

1.Consultant shall obtain and maintain during the performance of any services under this

Agreement the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Consultant, its agents, representatives, employees or subconsultants.

a. a.Commercial general liability insurance, including a contractual liability endorsement, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office commercial general liability coverage (Occurrence Form CG0001ED, November 1988). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount;

a. b.Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office automobile liability coverage (Occurrence Form CA000T, ED June 1992) covering Code No. 1, “any auto”;

a. c.Workers’ compensation insurance in compliance with the laws of the State of California, and employer’s liability insurance in an amount not less than $1,000,000 per claimant.

a. 2. Consultant shall, prior to performance of any services, file with the Fire Chief certificates of insurance with original endorsements affecting coverage required by this Exhibit C. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Fire Chief. All certificates and endorsements are to be received and approved by the Fire Chief before work commences. District reserves the right to require complete certified copies of all required insurance policies at any time.

a. 3.Consultant agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Fire Chief. The Fire Chief shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.

a. 4.Consultant agrees that the commercial general liability and business automobile liability insurance policies shall be endorsed to name District, its Governing Board officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to District, its Governing Board, officers, employees and volunteers.


The General liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit C or substitute forms containing the same information and acceptable to the Fire Chief shall be used to provide the endorsements.

a. 5.The coverages provided to District shall be primary and not contributing to or in excess of any existing District insurance coverages. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to District, its Governing Board, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

a. 6.Any deductibles or self-insured retentions must be declared to and approved by the Fire Chief. At the option of the Fire Chief, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects District, its Governing Board, officers, employees and volunteers, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

a. 7.All insurance standards applicable to Consultant shall also be applicable to Consultant’s subconsultants. Consultant agrees to maintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon receipt of a written request from the Fire Chief.

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