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THE COUNTY OF SANTA BARBARA REQUEST PROPOSALS FOR CALLE REAL PHOTOVOLTAIC PROJECT

Project No. 8517

MANDATORY JOB WALK: September 14, 2010 10:00AM RFP RESPONSES DUE: RFP RESPONSES DUE ON OCTOBER 8, 2010 BY 3:00 PM FINAL SELECTION FOR RFP CONTRACT AWARD ON NOVEMBER 1, 2010 RFP RETURN ADDRESS: Roy Hapeman County of Santa Barbara General Services Department, Facilities Services Office 1105 Santa Barbara Street, 2nd Floor Santa Barbara, California 93101 CONTACT: Roy Hapeman General Services Department Phone: (805) 568-2628 Fax: (805) 568-3249 Email: [email protected] Website: http://www.countyofsb.org/gs/default.aspx?id=1033

RFP# 8517 Calle Real Photovoltaic Project

TABLE OF CONTENTS: GENERAL REQUIREMENTS ....................................................................................................... 3 1.0 INTENT ................................................................................................................................... 4 2.0 GENERAL PROJECT DESCRIPTION................................................................................... 5 3.0 RFP CALENDAR OF EVENTS ............................................................................................ 8 4.0 5.0 6.0 MANDATORY JOB WALK...............................................................................................9 COUNTY POINTS OF CONTACT..........................................................................................9 CONTRACTOR QUALIFICATIONS .................................................................................... 10 11 28 31 32

7.0 SCOPE OF WORK.................................................................................................................. 8.0 POWER PURCHASE AGREEMENT (PPA)......................................................................... 9.0 SELECTION CRITERIA ....................................................................................................... 10.0 PROPOSAL FORMAT AND CONTENT .............................................................................

11.0 SEQUENTIAL CONTRACT NEGOTIATION..................................................................... 38 GENERAL CONDITIONS GC ........................................................................................................ 39 GC 1.0 CONTRACT AWARDS..................................................................................................... 40 GC 2.0 GC 4.0 GC 5.0 GC 6.0 PROPOSAL SUBMITTALS.............................................................................................. 40 PROPOSAL STANDARD INSTRUCTIONS AND CONDITIONS ............................... 41 AGREEMENT TO TERMS AND CONDITIONS............................................................ 43 RIGHTS AND REMEDIES OF THE COUNTY FOR DEFAULT................................... 43

GC 7.0 INDEMNIFICATION........................................................................................................ 43 GC 8.0 INSURANCE.......................................................................................................................44 GC 9.0 INVOICES...........................................................................................................................47 GC 10.0 RIGHTS TO PERTINENT MATERIALS........................................................................47 GC 11.0 CONTRACT AUDITS ......................................................................................................47 GC 12.0 NON-DISCRIMINATION................................................................................................48 GC 13.0 INDEPENDENT CONTRACTOR................................................................................... 48 GC 14.0 CONFLICT OF INTEREST..............................................................................................48 PROPOSING DOCUMENTS ...................................................................................................... 49 PROPOSAL FORM.......................................................................................................................... 52 CONTRACT FORMS ..................................................................................................................... 67 APPENDIX A - GEOLOGICAL SOIL SURVEY.............................................................................82 APPENDIX B - ACRONYMS AND ABBREVIATIONS................................................................83 APPENDIX C ­ COUNTY DEPARTMENT...WEB SITE AND NUMBERS................................84 APPENDIX D ­ MANDATORY JOB WALK MAP........................................................................85 APPENDIX E ­ METER DATA USAGE (ATTACHED PDF)........................................................86 APPENDIX F ­JAIL: REQUEST FOR SECURITY ACCESS....................................................87

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RFP# 8517 Calle Real Photovoltaic Project

THIS OFFER IS EXPRESSLY CONTINGENT UPON APPROVAL BY THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA BARBARA THROUGH THE EXECUTION OF A CONTRACT BETWEEN YOU AS VENDOR AND THE COUNTY. IN THE EVENT THAT THE BOARD DECIDES NOT TO PROCEED WITH A CONTRACT, THIS OFFER IS NULL AND VOID.

GENERAL REQUIREMENTS

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RFP# 8517 Calle Real Photovoltaic Project

1.0 INTENT

The County of Santa Barbara General Services Department, hereinafter referred to as "COUNTY", is soliciting proposals for a one megawatt Photovoltaic System. Proposals can be submitted for any or all of the following options: · Purchase by the COUNTY · Power Purchase Agreement (PPA) (Currently Preferred) · Other Financing option or Expansions All proposals must include: design engineering, permitting and installation of a one megawatt solar photovoltaic (PV) system on the Calle Real campus. The COUNTY plans to reduce its carbon footprint and reduce costs paid for electricity through the installation of the solar photovoltaic system. Prospective p roposers to this RFP, hereinafter referred to as "CONTRACTOR", will be responsible for having full knowledge of this project and all issues affecting it. Please note: The COUNTY is open to any CONTRACTOR suggested opportunities that would further benefit the COUNTY's ability to reduce costs paid for electricity.

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RFP# 8517 Calle Real Photovoltaic Project

2.0 GENERAL PROJECT DESCRIPTION

2.1 The COUNTY is considering a s o l a r photovoltaic system to be installed at the following location: 2.1.1 COUNTY owned property located at 4434 Calle Real, Santa Barbara, California 93110 An aerial view of the Calle Real property showing the proposed location for the Solar photovoltaic System highlighted in Yellow is shown in Figure 2.1-1. The Calle Real Property is currently vacant property consisting of a sloping hillside of over-grown vegetation, with a sandy loom soil base and some water erosion. 2.1.1.1 2.1.2 Geological Soil Survey Specifications for the Calle Real property are provided in appendix A.

SCE Interconnection: The solar photovoltaic system's primary interconnection is to be provided at SCE Meter # V349R-000414, Rate TOU8, 4160v, located at 439 N San Antonio Rd Santa Barbara, CA 93110. There is 480v and 4160v electric service located in the Jail less then 1000 feet from the proposed megawatt solar system's primary location. The CONTRACTOR will interconnect the PV system at the main meter or sub-meter, or appropriate location at the Jail while meeting all local, state, and federal codes. This solar project will offset approximately 1/3rd of this electric meter. The meter services many buildings which include: COUNTY Jail, Sheriff Administration, 911 Cal Center, Public Health Hospital, Public Health Administration Mental Health Hospital, Mental Health Administration, Agriculture Commission, Environmental Health, Veteran Hospital, Elections Office, Clerk Recorder Assessor, and others. This is the COUNTY's largest Campus. The COUNTY first came to this campus in the late 1800s and has a plan for future facilities at the site. The main switch gear at this meter is approximately 15 years old, made by Square D and is in excellent shape.

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RFP# 8517 Calle Real Photovoltaic Project

Figure 2.1-1 Aerial View of Calle Real Property Photovoltaic Panel Locations Highlighted in Yellow

Latitude: 34.4447193, Longitude: -119.777361

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2.2

The COUNTY is requesting separate proposals for the system with the following purchasing options: 2.2.1. Lump-sum Purchase for the outright purchase of the installed one megawatt PV system. 2.2.2. Power Purchasing Agreement (PPA) containing all terms and conditions over 20 years. 2.2.3 The COUNTY will consider alternate proposals that would benefit the COUNTY. Any alternate proposals shall be in addition to (not in substitution for) the proposal(s) above.

2.3

The COUNTY prefers the Contractor provide all solar system equipment that meets the Buy American Act ­ ARRA 1606". All solar system equipment MUST meet the California Energy Commission eligible requirements under the California Solar Initiative (CSI) program. No Shading Analysis was done on the site. The COUNTY requires the CONTRACTOR to provide a WEB Based Real Time Performance Monitoring System. The CONTRACTOR shall provide a complete lifecycle cost analysis of the entire project. The Site is not in the Coastal Zone, no Consulting of the Costal Commission is needed. Contractor shall meet with the COUNTY Project Manager prior to commencement of work and at least weekly during installation to coordinate activities and minimize interruption to operations. The Contractor shall work closely with facility supervisors and support teams to avoid damage to any and all existing above ground and underground infrastructure. The CONTRACTOR shall be responsible for all activities related to interconnection and net metering required with SCE's Rule 21. The COUNTY is open to evaluating any increased solar energy production using land not specified herein. The CONTRACTOR understands time is of the essence and will make every effort to fund the solar project as soon as possible after an Energy Services Agreement is executed with the COUNTY. The CONTRACTOR has 12 months to complete the project after the contract is signed Include design schedule in the proposal which meets timeline. Submit CPM (Critical Path Method) schedule showing all critical tasks.

2.4 2.5 2.6 2.7 2.8

2.9 2.10 2.11

2.12

2.13

No research on the trees, plants, wild life, environmental, or CEQA report was done.

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3.0 RFP CALENDAR OF EVENTS

3.1 Release RFP 3.2 MANDATORY Job Walk/Pre-Proposal Questions 3.3 Deadline for Written Questions 3.4 Proposal Submittal Deadline 3.5 Notification of Selection 3.6 Finalize Contract 3.7 Board Approval 3.8 Estimated Construction Completion This schedule is subject to change as necessary. 3.9 FUTURE ADDENDA; CONTRACTORS who received notification of this RFP by means other than through a COUNTY of Santa Barbara mailing, shall contact the person designated in Section 5.1.1 herein to request to be added to the mailing list. Inclusion on the mailing list is the only way to ensure timely notification of any addenda that may be issued prior to the job walk. IT IS THE CONTRACTORS' RESPONSIBILITY TO ENSURE THAT THEY RECEIVE ANY AND ALL ADDENDA FOR THIS RFP by either informing the COUNTY of their mailing information or by regularly checking the COUNTY's Solicitation Center web page at http://www.countyofsb.org/central.aspx?id=478 Addenda will be posted on the website the day they are released.

RFP RESPONSES DUE ON October 8, 2010 BY 3:00 PM COUNTY of Santa Barbara General Services, Facilities Division 1105 Santa Barbara St. (Santa Barbara Historic Courthouse E. Wing 2nd Fl), Santa Barbara, California 93101 Attention: Roy Hapeman

August 31, 2010 September 14, 2010 September 20, 2010 October 8, 2010 November 1, 2010 December 6, 2010 December 14, 2010 December 14, 2011

3.10

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4.0 MANDATORY JOB WALK

4.1 A MANDATORY Job Walk of the property located Minimum Security Facility Parking Lot, 4434 Calle Real Santa Barbara, California 93101 will be held on September 14, 2010, at 10:00 AM (ON TIME ONLY). Attending is a MANDATORY requirement of this RFP, and COUNTY shall answer questions, in writing, for those CONTRACTORS in attendance. No presentations are required. Please indicate your intent to attend this meeting by sending a response to the contact person identified in Section 5.1.1 herein. Only those CONTRACTORS attending the job walk ON TIME ONLY shall be qualified to submit a proposal. Email [email protected] the completed form in appendix F for each member of your staff by September 10 that will going on the Internal Section of the JOB WALK. Please limit you staff for the internal section of the JOB WALK. Email: completed APPENDIX F ­JAIL: REQUEST FOR SECURITY ACCESS to Castaniero, Ben at [email protected]

5.0 COUNTY POINTS OF CONTACT

5.1 Questions and correspondence regarding this RFP shall be directed to: 5.1.1 COUNTY contact: Roy Hapeman General Services Department Phone: (805) 568-2628 Fax: (805) 568-3249 Email: [email protected]

5.2

All questions regarding this RFP shall be submitted in writing (E-mail or FAX is acceptable). The questions will be researched and the answers will be communicated to all CONTRACTOR(s) who attended the mandatory job walk. The deadline for submitting written questions regarding this RFP is indicated in Section 3.3 herein. Questions submitted after the deadline will not be answered. Only answers to questions communicated by formal written addenda will be binding. Prospective CONTRACTOR(s) shall not contact COUNTY officers or employees with questions or suggestions regarding this Request for Proposals without first contacting the persons listed above. Any unauthorized contact may be considered undue pressure and cause for disqualification of the CONTRACTOR.

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5.3

5.4

5.5

RFP# 8517 Calle Real Photovoltaic Project

6.0

6.1

CONTRACTOR QUALIFICATIONS

To qualify for award, the CONTRACTOR and its partners must be qualified to complete the work they are designated to do. CONTRACTOR (s) must demonstrate extensive training, relevant expertise and a thorough knowledge of the professional services, functions, activities and related responsibilities to successfully perform their role in providing this solar photovoltaic system and in the associated design, engineering, construction, commissioning, operation and maintenance of the proposed solar energy system(s). 6.1.1 6.1.2 The CONTRACTOR must have a portfolio of 10MW or more completed projects. The CONTRACTOR, and any subs that will complete more than 20% of the work must, within the past three years from the issue date of this RFP, have experience in designing, installing and commissioning solar photovoltaic systems and must have designed, installed and commissioned at least three (3) 500kW solar systems of one or more types. CONTRACTORS with total system installations exceeding 10 Megawatt of output will score higher during the proposal evaluation process.

6.2

At the time of the proposal submittal the CONTRACTOR shall possess a California General Engineering or Class C License. CONTRACTOR ensures that employee(s) and/or subcontractor(s) performing the design and installation shall possess at a minimum: 6.2.1 Valid and pertinent State of California contractor construction licenses, including but not limited to: C-10, and/or C-46 Contracting Licenses, current and in good standing at the time of proposal; Professional engineering licenses for photovoltaic/electrical, structural, civil, mechanical, and fire protection work;

6.2.2

6.3

CONTRACTOR shall indicate whether any member of the team is or has been involved in a dispute leading to arbitration or litigation concerning any existing, proposed or terminated projects.

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7.0

SCOPE OF WORK for the project regardless of financing. (PPA , Purchase or other financing option)

Summary of Scope: The CONTRACTOR shall be responsible for supplying all expertise, labor and materials including but not limited to: planning, Environmental Impact Reporting (EIR), California Environmental Quality Act (CEQA), permitting, engineering, delivery, installation and commissioning, as well as all warranties and maintenance as described below. Preliminary Plan of Solar Photovoltaic System Design including but not limited to: 7.2.1. Site Plan & Elevation Plans of location & arrangement of all proposed solar modules which include mounting details for attaching to the solar panels, and description of any anticipated excavation changes; 7.2.2. Schematic electrical diagram showing all points of connection to the COUNTY's distribution system, meters, inverter, disconnect, junction boxes, and other main components; 7.2.3. Electrical connections 7.2.4 Weather-proofing methods;

7.1

7.2

7.2.5. Equipment Data Sheets and Table listing manufacturer, model number, warranties, and quantities for solar modules, meters, inverters, and mounting system; 7.2.6. Technical system data such as:

· · · ·

Power Capacity (DC kW), measured at inverter's input Power Capacity (AC kW), measured at site distribution system interconnection point(s) Estimated capacity factor (%), annual output (kWh), and annual output degradation rate; methodology for developing these estimates Benefits of the proposed system and other relevant information

7.2.7

CONTRACTOR is required to meet with COUNTY during the Preliminary Plan phase for document review and approval. CONTRACTOR shall make presentations of project to COUNTY upon request.

7.3

Design, Engineering, and Permitting including but not limited to: 7.3.1 CONTRACTOR shall design/engineer the solar PV system to maximize the solar energy resources at the proposed site(s), taking into consideration the facility's electrical demand and load patterns, existing site conditions, applicable zoning ordinances, installation costs, tax credits & rebates, financing options and other relevant factors.

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7.3.2

CONTRACTOR shall provide schematic/programming documents, design documents and construction documents, stamped and signed by an engineer registered in California, and shall obtain COUNTY approval on such documentation prior to proceeding with the permit application process. All documents shall be in the appropriate disciplines that provide the following information: · System description including performance of equipment components and/or subsystems;

· ·

Site plan; Equipment data sheets & specifications including all necessary controls, monitors, and instrumentation; Layout of equipment & installation including but not limited to structural drawings, electrical conduit runs, and all associated details; Specifications for installation including cross section of the rack or mounting concepts; Single-line electrical drawings; Electrical grid interconnection requirements;

·

·

· ·

7.3.3 CONTRACTOR shall identify an appropriate location for the solar PV inverter equipment and its related components and environmental control systems that will meet the following criteria:

· · · · · ·

Ease of maintenance & monitoring Efficient operation Low operating losses Secured location & hardware Protection from the elements Compatibility with existing facilities

7.3.4

CONTRACTOR shall secure from governing agencies and the utility company all required rights, permits, inspections, approvals, interconnection agreements, net metering agreements, and equipment at no additional cost to the COUNTY. The COUNTY will become the signatory on all applications, permits, and utility agreements only where necessary. The CONTRACTOR shall complete and submit in a timely manner all documentation required to qualify for available rebates and incentives.

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RFP# 8517 Calle Real Photovoltaic Project

7.3.5

CONTRACTOR is responsible for the design of all elements of the project, including but not limited to: civil, structural, architectural, environmental, CEQA reporting, mechanical, electrical, and specialty consulting areas. Drawings shall be stamped, as necessary, by an engineer(s) registered in California.

7.4

Installation of Photovoltaic Panels, Inverter, and Other Component Systems: CONTRACTOR shall install solar panels, inverters, and other components that meet the California Energy Commission (CEC) Standards. A. B. C. D. E. All safety, electric, building, and labor code requirements at the national, state, and local levels shall be met. The installation shall be completed in a "workman-like manner." The area shall be kept clean and free of obstructions at all times. The installation shall be completed per the Manufacturer's installation manual. The installation shall be completed without affecting existing piping and/or wires. All electrical connections and terminations shall be fully tightened, secured, and strain relieved as appropriate. All wiring shall be listed for a minimum operation of 600 volts and temperature rating of 90°C in wet locations. All current carrying conductors shall be enclosed in conduit, excluding module interconnections and connections from individual module strings to the combiner boxes. All mounting equipment shall be installed to the Manufacturer's specifications. All cables, conduit, exposed conductors, and electrical boxes shall be secured and supported according to code requirements. All applicable environmental regulations shall be met. The CONTRACTOR shall obtain all required permits. All series connected strings of modules must follow all applicable UL and NEC codes. CONTRACTOR shall supply all equipment, materials, and labor necessary to install the solar PV systems. This will also include site preparation, grading, and trenching for conduit and plumbing installations, security fencing, and security monitoring system.

F. G. H. I. J.

7.4.1

7.4.2. A.

INSTALLATION STANDARDS The Installation Contractor shall obtain appropriate certifications from a Professional Engineer for all structural, seismic, and wind-loading requirements for the specific application. The installation shall be completed with minimal impact on the environment.

B.

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C.

D.

System installation shall conform to Manufacturers' installation manuals and COUNTY approved project drawings and specifications as submitted by the contractor, and reviewed and approved by the COUNTY. Array mounting hardware shall be compatible with the site considerations and environment. Special attention shall be paid to minimizing the risk from exposed fasteners, sharp edges, and potential damage to the modules or support structures, corrosion resistance, and durability of the mechanical hardware. The use of stainless steel fasteners and aluminum support structures are required. The use of galvanized steel for the main support columns is acceptable and expected where metals come in contact with concrete. The use of ferrous metals or wood components is not acceptable.

7.5

Electrical Interconnections: CONTRACTOR shall supply and install all equipment required to interconnect the solar PV systems with SCE (Southern California Edison) electrical distribution system. The CONTRACTOR shall fulfill all application, study, and testing procedures to complete the interconnection process.

7.6

Commissioning and Acceptance Test for Initiating the PPA: During start-up of the solar PV system, the CONTRACTOR shall demonstrate performance of each system and system element to the COUNTY. Required commissioning and acceptance test services include: 7.6.1 7.6.2 7.6.3 7.6.4 Provide Operations Manuals with as-built construction drawings in both hardcopy and electronic format (.pdf file); Starting up the solar PV system until it achieves the performance requirements; Conducting the performance testing over a week long period without causing interference to the tenant's daily operations; Completing the successful delivery of power within thirty days of completion of the system.

7.7

The selected CONTACTOR will provide complete and accurate as-built drawings of the entire solar photovoltaic system to the COUNTY as soon as the system is in production.(hardcopy and electronic copy). System Requirements a. All photovoltaic (PV) modules shall be tested and listed by UL and shall meet the requirements specified in UL 1703 to ensure compliance with applicable safety standards, including but not limited to safe operation and disconnection from the electrical distribution system in the event of internal equipment failure, or separation from the distribution system.

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RFP# 8517 Calle Real Photovoltaic Project

b. Make and Model: The PV modules shall be of the same manufacturer, same model number, same size, same shape, same open circuit voltage, same short circuit current, and same electrical resistance c. California Energy Commission (CEC) Certification: PV Modules shall be CEC Certified and shall meet all the requirements for being eligible for CSI Incentives. PV modules shall be on the CEC list of approved products see:http://www.gosolarcalifornia.ca.gov/equipment/index.html) . Modules shall have a minimum CEC PTC rating of 88% of the nameplate. PV modules shall have a minimum rating of 12.0 watts per square foot DC. PV modules shall have a rated minimum electrical tolerance of -0% and maximum positive tolerance of +5%. d. Operating Experience for PV modules: (a) The proposed Make and Model at site must have a minimum of 1-year of successful operating history in commercial, institutional or utility scale projects in the United States with a combined operating capacity of at least 2 MW. (b) The manufacturer of the PV modules must have had at least 7 (seven)-years of successful operating experience in producing PV modules with an aggregate successful operating capacity of at least 10 MW. Manufacturer of the module shall be able to provide evidence of this qualification if requested by the COUNTY. The effective date for determining this experience is the date of issuance of this RFP. e. PV Module Warranty: All PV modules shall have a warranty period that begins at the date of start-up: 1 PV Module(s) produce a power output of ninety percent (90%) or greater at the end of 10 years. 2 PV Module(s) produce a power output of eighty percent (80%) or greater at the end of 20 years. f. Labeling of Systems: PV installation at a given site shall have complete labeling including (a) DC string level (at each array typically up to 600 V DC range), (b) combiner output (at each combiner), (c) Inverter DC input (at each inverter) and (d) Inverter AC output, and (e) Point of interconnection. All DC disconnects, Junction boxes, DC feeders rated at 80 Amp. Or greater and AC feeders and termination points shall be labeled. Labeling shall match the as-built plans or drawings provided at the completion of the project. g. The inverters shall connected to a fusible disconnects or switchgear shall be incorporated for the isolation and protection of the connected AC and DC power systems. Centralized inverter solar power systems shall be designed to use the minimum feasible number of inverters. 1. Power Quality: The inverter shall meet the IEEE-519 recommended limits for total harmonic current distortion. 2. Safety: The inverter shall meet the UL-1741, IEEE 929, 1547 and ANSI 62.41 requirements to the performance, operation, testing, safety considerations and maintenance of inter-connection and the latest applicable FCC standards and addenda dated prior to the award of the purchase order for this procurement.

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3. Self-Protective Features: The inverter shall have built-in protective features to prevent or limit damage to the photovoltaic system, the inverter, and the utility distribution system in the event of a component or system-level failure. These features shall provide for orderly system shutdown without the need for numerous external protective devices. 4. Device Protection: DC overvoltage, over current and over temperature functions shall be incorporated to protect system components. Set points for these functions shall be fixed at the time of factory test, and may be changed through the diagnostic port on the microprocessor controller inside the enclosure. 5. Utility Islanding Protection: Detection of islanding from the utility grid shall be achieved via AC over/undervo1tage and over/under frequency functions. Set points and definite time delays for these functions shall be field settable through the operator interface on the door of the enclosure. 6. Additional Protection Required: Fast acting, semiconductor type, currentlimiting fuses at the main bus bars to protect from utility short circuit, contribution AC current unbalance detection to prevent single-phasing due to blown fuses, MOV-type surge arrestor on AC and DC terminals for overvoltage, protection from lightning-induced surges DC ground fault detection. 7. CEC Certification and Utility Interconnection: Inverters shall be CEC certified and shall be eligible for CSI incentives. They shall also comply with all utility interconnection requirements. Inverters must be on the CEC list of approved products (see: http://www.gosolarcalifornia.ca.gov/equipment/index.html) . 8. Inverter Operating Experience: The proposed make and model of the inverter shall have at least 1-year of successful operating history in projects installed in United States, with a cumulative capacity of 2 MW of greater. The manufacturer of the inverter must have had at least 7 (seven)-years of successful operating experience in inverters, with a combined capacity of at least 10 MW. 9. Inverter Specification: Inverter Efficiency > 94% at full load Inverter Peak Efficiency > 96% Operating Frequency 59.5-60.5 Hz, continuous tracking of utility frequency AC Current Distortion < 5% Total Harmonic Distortion at Full load DC Ripple Current < 5% at full load Enclosure Environmental Rating Seismic Zone 4, Outside: NEMA 3R,NEMA4 Ambient Temperature Range -20 to 50 degree Centigrade Inverters shall have a minimum system availability of 99%. Optional 99% Up-time Guarantee 10 The inverter shall be sized so that it can operate the PV arrays at maximum power for the coldest, hottest, and optimal array operating temperatures, and for irradiance levels up to 1,100 Watts/m2, with an over-sizing safety factor of 5%.

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11. Micro-inverters (if used) a. The inverter shall have a minimum CEC rated efficiency of 94%. b. Installation shall meet all applicable UL 1741, IEEE Standard 1547, NEC codes, and the latest applicable ANSI and FCC standards and addenda dated prior to the award of the purchase order for this procurement. Inverters shall have a minimum mean time between failures (MTBF) of 100 years. Inverters shall have a minimum system availability of 99%. Inverters shall have an operating temperature range of at least -25°C to 65°C.

c. d. e.

h. Control and Instrumentation 1. Operating Mode: The inverter shall employ maximum power tracking to operate in a power maximization mode at all times there is sufficient irradiance to overcome inverter tare losses. Inverter wakeup shall be triggered when the open circuit DC input voltage rises above the preset minimum operating voltage. The inverter shall transition back to the idle state for nightly shutdown when tare losses exceed input power for a predetermined time period. The inverter shall not employ source circuit dumping contactors, crowbar circuits and similar unreliable schemes used for protections. 2. Operator Interface: The inverter shall provide access to protection, metering, control and status functions via an operator interface on the front of the inverter enclosure. Menu driven display shall allow the operator to interrogate the inverter for status and metering functions, with local control also available through this interface. 3. Local Instrumentation: the following parameters shall be accessible via the operator interface display: · AC Voltage · AC Output Current · Output Power · DC Input Current · DC Input Voltage · Inverter Status · Protective Function Targets 4. Local Control: Local Control shall be implemented through an enable/disable switch, emergency stop button and cooperator interface keypad located on the door of the enclosure. Inverter reset following clearance of a system fault shall be done through the keypad. 5. Remote Control/Instrumentation: the microprocessor control unit shall have provisions for installation of an RS232, RS485 communication link, for remote control and monitoring capability by computer over the COUNTY network. All parameters, status indicators and targets accessible through the local operator interface shall be accessed remotely through these ports. The inverter shall be

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designed for optional analog outputs (0-5 VDC) for AC power, DC current, and DC voltage to interface with external data acquisition systems. The inverter shall also allow for optional contact inputs from an external SCADA RTU or other remote control device within the inverter enclosure for remotely disabling or resetting the unit. For each inverter, there shall be a ¾ inch conduct run from the inverters to the nearest data connection closet (no PVC shall be exposed above ground. All parts of this conduit that are above ground shall be steel. All parts of this conduit shall be a minimum of 18 inches from any electrical wiring or shielded from electrical interference per the COUNTY Communication Department requirements). 6. AC and DC Interfaces: The DC input to the inverter shall be equipped with a manually operated isolation switch. The switch shall be of the non-load break type, but shall include an auxiliary micro switch to shut the inverter down prior to opening of the main switch contacts, providing, in effect, load-break capability. The switch shall be mounted on the side of the inverter enclosure in a separate NEMA 3R enclosure. Source circuit combinations shall be made external to this enclosure. The AC output of the inverter shall also be equipped with a manual disconnect switch. Both and AC and the DC switches provide visible conductor separation, and may be padlocked in either the open or the closed position. 7. Isolation Transformer: An isolation transformer shall be required to allow grounding of the DC system per NEC Article 690, and to match the utilization voltage. A general-purpose dry type transformer will be suitable. The transformer shall have a 208 volt or 240 volt or 480 volt, DELTA or WYE winding to match the inverter as required by application. 8. CONTRACTOR shall provide a detailed Cost Option for the system to operate independent of the grid in the event that Southern California Edison Services fail. This option shall connect the solar to the Generator transfer switches at the COUNTY JAIL. (This option is for the COUNTY JAIL only to utilize the solar to feed its buildings in the event the Utility Grid goes down). i. Inverter Room/Electrical Room Cooling Requirements: Inverter/Electrical Rooms when totally enclosed shall be equipped with needed cooling/heating/dehumidifying equipment to keep working conditions within electrical equipment operational conditions at all times. All inverters shall be rated for continuous operation in wet and dusty outside weather conditions. j. Proven Record of Performance: All materials and equipment provided for the renewable energy system shall be of a proven design and performance that successfully operated in commercially available systems.

k. Warranty Requirements: Inverter shall have a minimum 10-year warranty. Manufacturer shall provide additional optional warranties up to a total of 20-years. l. Submittal Requirements during detailed design and construction: 1. Technology Overview: · Provide a detailed description of the complete system proposed for the site identified in this RFP.

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· Indicate the specific location, dimensions, and "footprint" of proposed system. · Indicate system size in both kWp (dc) and kW (ac) terms, based on applicable CEC conventions. · List key design and construction features of the system to optimize performance and aesthetics. · Describe any identified issues or challenges and how you would address and/or resolve them. 2. System Components: PV Modules · Number of PV modules for proposed site. · PV module description and brand and model number · PV module efficiency %; Watts per Square Foot · Provide manufacturing data sheets for the proposed PV modules · Indicate the PTC ratings for the proposed PV modules · Provide an explanation for your choice of PV module. Inverters · Number and size for proposed system. · Inverter brand (s), model(s), and efficiency (in %) · Provide manufacturing data sheets for the proposed inverters. · Provide an explanation for your choice of inverter. · Describe each type of mounting system proposed, and its features to optimize performance. Racking · Provide an artist's drawing, sample photo, or other visual material that will allow the COUNTY to discern the aesthetic features of the proposed design. · Material finishes for structures and enclosures 3. Electrical a. Electrical Codes, References, and Standards These codes, standards, and references are incorporated into the requirements of this RFP by reference. All materials and equipment furnished under this contract shall conform to exceed the codes, standards and references. · Electrical Codes, References, and Standards · National Electrical Code, 2008 Edition. · Underwriters Laboratories (UL) 1703, 1741 · IEEE Standards 519, 929, 1547 · American National Standard (ANSI) 62.41 · Federal Communications Commission (FCC) Part 15 Class B · National Electrical Manufacturers Association (NEMA) 3R, 6 · Santa Barbara COUNTY Fire Department Requirement · Seismic Zone 4 for design basis · Compliance with Rule 21 for electrical interconnection · Compliance with Net metering interconnection requirements

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RFP# 8517 Calle Real Photovoltaic Project

b. DC side requirements i. Exposed wiring: All wire that is exposed to the sun shall be USE-2 wetrated and sunlight-resistant. Exposed wiring shall be generally minimized and solely limited to the wiring immediately below the PV arrays. USE-2 wiring shall terminate in J-boxes provided for each array. ii. Wiring in conduits: All wire that is to be used in each solar system shall be copper. RHW-2, THWN-2, or XHHW-2 90°C, wet-rated conductors. All wiring shall be accessible to service personnel. m. 1. 2. 3. 4. TRANSFORMER Transformer shall be designed for PV applications. Power distribution transformers must meet the NEMA Class 1 efficiency level as described in Section 4 of the NEMA Standards Publication TP 1- 2002. The load on any transformer shall be between 70% and 80% of its rated capacity; the goal is to ensure that the transformer is not oversized. The transformer shall be switched to automatically disengage when the power output of the PV system is less than the power draw of the transformer. The transformer can be an integral component of the inverter. The transformer shall be switched to disconnect from the facility electric system when the PV system is not producing energy.

5.

7.9

CONTRACTOR shall provide design documents and narrative that communicate the following information: · System description including racking type, cut sheets, material etc. · Equipment details, description and specifications for all major equipment and array components. · Layout of installation · Drawing, altered photo, etc. showing a clear visual of the system · Performance of equipment components, subsystems, specific site projects · Integration of PV system with existing electrical system(s) · Electrical interconnection requirements with the COUNTY · Identify an appropriate location for the solar photovoltaic inverter equipment and its related components and environmental control systems · Note deviations, if any, from the concept design · Exceptions, if any, to the design criteria listed in the RFP as well as the concept design and conditional approval documents related to the entitlement design

7.10

CONTRACTOR shall provide the following technical description proposed for installation: · Power capacity (DC kW), measured at the inverter(s) input · Power capacity (AC kW), measured at the electrical interconnection point · Expected net AC kWh production by month for the first full year; Summer on-peak, mid-peak, and winter peak hours must be explained with some detail of assumptions and performance criteria based on seasonal sunlight availability and variable weather conditions

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RFP# 8517 Calle Real Photovoltaic Project

· Expected photovoltaic panel degradation rate over a 20 period · Photovoltaic array materials · Inverters · Inverter enclosure type (building, chain link fence, etc.) · Structural materials including structural supports system for racks. · Balance of system components · Configuration including, flat-mounted versus tilt-mounted system · Structural requirements, including if roof penetration is necessary · Typical useful life of significant components including photovoltaic array and Inverters. (Clearly identify the expected remaining useful life of equipment at the end of the PPA term) · Benefits specific to the system proposed · Any product or warranty enhancements being offered · Provide a single-line drawing of proposed system · Provide renderings, including the footprint and height of the system · Number and types of new trees provided as replacement to those removed · Exterior lighting provided · Provisions for weed control · Provisions for protection of cabling for rodents · Provision for leaning panels · Security and surveillance systems · Fire protection systems and devices including remote disconnects 7.11. Performance Evaluation Methodology: Indicate the type of methodology that is performed to evaluate PV site performance. At a minimum, the performance evaluation shall provide following data: · Annual solar energy production profile in kilowatt-hours AC · Source of solar radiation data used · Month-by-month breakout of the energy production · Peak AC power output in kilowatts for each given month · Assumed loss of power due to shading (from outside or inter-arrays) · Land area or roof area dedicated to the solar power system, including any additional area dedicated to the balance of system. · Ratio of annual energy per total area utilized, kilowatt-hours per square foot · Ratio of peak power output per total area utilized, watts per square foot · Life cycle analysis of the entire system. The mathematical method for specifying PV system output in kWh must be typical system alternating current (AC) power rating of the proposed PV system using the National Renewable Energy Laboratories' (NREL) methodology. Calculate the annual kWh for the system, using NREL's PVWatts web-based performance calculator, found at: http://www.csi-epbb.com/default.aspx Specify annual degradation expected over 25 years (in percentage degradation per year). Provide your derate factor using PVWatts runs on PV production. Provide the basis for the calculations. Provide copies of the PVWatts productions runs and derate tables. Each CONTRACTOR will be required to provide a Performance Guarantee Based on their estimated kWh's using the above derate factors and PVWatts production estimates.

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RFP# 8517 Calle Real Photovoltaic Project

7.12

Include your annual maintenance plan including planned monthly, quarterly, semiannual and annual maintenance and inspections. Indicate and explain any other periodic maintenance. METERS, MONITORING, AND DATA ACQUISITION SYSTEM (DAS) A. DAS shall be provided as part of each System. Monitoring and reporting must be included, for entire term on the contract. A monitoring and reporting service is acceptable as long as the service options meet the following requirements. The DAS must have the ability to send e-mail and SMS alarms, and diagnostic data to the COUNTY's designated maintenance persons. The DAS shall meet all of the requirements of the California Solar Initiative (CSI) program and include instrumentation (with a stability < 2% change over a one year period) that allows the measurement of: 1. Ambient temperature - accuracy ± 2°C 2. 3. 4. 5. 6. PV module temperature - accuracy ± 2°C Wind speed - starting threshold 2.98 mph & accuracy < 5% Wind Direction: range 360° - accuracy ± 5% Plane of array solar irradiation (accuracy ±5%)

7.13

B.

The DAS must integrate with or replace the COUNTY's existing monitoring system. 7. Raw data shall be delivered to the customer on an annual basis, at the time of true up, as a part of this specification. Deck Monitoring Core Commercial Solar Monitoring, or equal. The DAS shall store all recorded variables in non-volatile memory. All measurement equipment must be "revenue" grade. AC Power/Energy (including current transformers): Accuracy ± 2% The DAS shall capture and store data on 15-minute intervals with time and date identification. Contractor will download and archive monthly data files for backup purposes for five years following system acceptance. Contractor will ensure that automatic communication between the PV system's DAS and a COUNTY owned computer is established and that downloads of the raw DAS data takes place to archive data throughout the useful life of the PV system, on weekly intervals at a maximum. a. The DAS server can be configured in the field and serves as a modbus master for multiple brands of modbus enabled hardware devices. b. The DAS server will have the ability to send a bifurcated stream, or dual output of data simultaneously to two different recipients.

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1. 2. 3. 4. 5. 6.

RFP# 8517 Calle Real Photovoltaic Project

C.

Real-Time display will provide the following information. This information can be viewed via the Internet for the entire term of the warrantee period. The Contractor will use a regression to establish the PV system rating at PV-USA Test Conditions as the basis for projecting system output. 1. Instantaneous system output in kW 2. 3. 4. 5. 6. Instantaneous irradiation in watts/square meter. Instantaneous ambient temperature in degrees Fahrenheit Instantaneous wind speed Daily and year-to-date system output in kWh Data shall be provided in a format that easily facilitates graphing and analysis in third party database or spreadsheet programs.

D. Install facility "total energy meter" that captures the total energy used by the facility, including PV, in utility time-of-use increments. E. Indicate how those will integrate with the COUNTY's submettering systems.(Square "D" Enterprise Software) 7.14 The CONTRACTOR shall provide an overview of the development schedule for the project. A. Include a milestone schedule for design and construction -- all dates should be referenced from the due date of this Proposal B. Indicate which tasks will be on the critical path C. Where design deviates from the concept design, include estimated time for COUNTY's entitlement process (no less than 45 days) D. Discuss any opportunities to accelerate the development schedule which are peculiar to the site E. Discuss any obstacles to the timing which are peculiar to the COUNTY F When a Milestone in the Schedule provided by the CONTRACTOR is not achieved on time, the CONRTACTOR shall pay the COUNTY $1,000 dollars (One Thousand dollars) per week each week until the milestone is achieved (excluding delays caused by Southern California Edison or environmental review, or other delays outside the CONTRACTOR's control).

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RFP# 8517 Calle Real Photovoltaic Project

7.16

The COUNTY requires the CONTRACTOR to provide all the necessary security measures to protect the photovoltaic (PV) System from theft, destruction, and defacement. These security measures shall include; security fencing, camera monitoring systems integrated with COUNTY's Sherriff's Department Surveillance Center, and theft resistant hardware. A minimum of two (2) fixed cameras and two (2) cameras must have the ability rotate 360 degrees, zoom, and tilt. All related monitors, controls, wiring, DVR recording, conduit, etc to be included. Items will need to integrate with future updating of MSF security control panel. Camera specifications will be provided at project MANDATORY job walk. The security fencing is normally 6'-0" fence around ground mounts with concertina wire and 3 strings barbed wire and breakaway bolts to secure modules. The PV Anti-Theft System shall be able to detect the removal of any PV module in the installation 7.16.1 Security fencing, "as existing," to extend the entire length of the system facing the Medium Security Facility (MSF). "As existing" would include a minimum height, concertina wire along the top of fence line and "no climb" affixed to the side facing the facility. A minimum of a ten (10) yard buffer between the existing fence line and the proposed security fence line Exterior, induction lighting along length of security fence line that is adjacent to the existing jail fencing must provide effective illumination on both sides of the new fence line. PV System Anti-Theft System - Install an anti-theft system that can detect the removal of each and every PV module in the installation with the following features: 7.16.3.1 Activation of an audible alarm rated at 110 dB or more.

7.16.2

7.16.3

7.16.3.2 Notification through telephone or text message of activation of the alarm. 7.17 GENERAL A. The CONTRACTOR shall provide convenient placement of water outlets and hose bibs (no more than 100 feet from any panel), hoses and electrical outlets throughout the solar systems locations for future solar panel cleaning and maintenance. Water can be pulled from existed service. B. All components shall be new and direct from the respective manufacturer; used or refurbished materials are not permitted. C. All materials that are used outdoors shall be sunlight and UV resistant. D. E. Materials shall be designed to withstand the temperatures to which they are exposed. Dissimilar materials should be isolated from one another using non-conductive

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RFP# 8517 Calle Real Photovoltaic Project

shims, washers, or other methods. F. Metals shall be hot-dipped galvanized steel, anodized aluminum, and stainless steel G. Aluminum shall not be placed in direct contact with concrete materials. H. All electrical conduits shall be galvanized and unpainted. I. PV Module support rails shall be corrosion-resistant aluminum, 6061 or 6063. J. All electrical equipment shall be rated for the current and voltage ratings necessary for the application. K All required over-current protection devices must be included in the system and accessible for maintenance. Each shall have trip ratings no greater than the derated amperage of the conductor it protects. L All systems shall include all equipment necessary to interconnect with the utility and meet all of the utility's requirements for protection equipment, etc. 7.18 MOUNTING SYSTEMS A. All systems shall meet the requirements of national and California Building Codes B. All mounting systems shall result in the installation of a PV system that meets all local applicable seismic and wind-load requirements, with a safety factor of at least 1.5. C. PV module attachment must be four-point equally distributed over the frame. 7.19. CONCRETE A. Concrete shall conform to Caltrans standard specification for class 2 concrete. B. Concrete mix must exceed the compressive strength requirements of ASTM C387. C. Type I Portland cement. D. E. F. G. H. Aggregate shall be hard, durable, selected, graded, and free from foreign materials. Water shall be potable and free from foreign materials in amounts harmful to the concrete and embedded steel. Utilize standard designs incorporating mixtures that facilitate the workability, curing, and strength. Forms shall be sized to minimize air pockets and maximize strength. Compressive strength and structural steel shall be as specified by a Professional Civil Engineer licensed in the state of California. The engineer shall provide a stamped specification providing for a minimum 40-year concrete life.

7.20. SYSTEM START-UP A. System output measurement: The CONTRACTOR will establish the initial system output to demonstrate that the system is performing as designed, and to establish a baseline to be used for warranty. The system output will be verified after construction of the system has been completed, on a clear, sunny day.

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RFP# 8517 Calle Real Photovoltaic Project

1.

Prior to inverter startup, voltages will be recorded for each string, each subarray, and the entire array. Measurements will be recorded and provided to the COUNTY in a clear, tabular format, in an Excel spreadsheet. Each voltage measurement will include the following ancillary data: the date; the time of day that the measurement was taken; a sample panel temperature at the time; the dry-bulb temperature at the time; and the solar irradiation at the time. The strings that make up each sub-array will be clearly identified on a drawing by number. After inverter startup, current shall be recorded for each string, each subarray, and the entire array. Measurements will be recorded and provided to the COUNTY in a clear, tabular format, in Excel. Each current measurement will include the following ancillary data: the date; the time of day that the measurement was taken; a sample panel temperature at the time; the dry- bulb temperature at the time; and the solar irradiation at the time. The strings that make up each sub-array will be clearly identified on a drawing by number.

2.

B. C. D. E.

Start-up shall be per all manufacturers' instruction. Photovoltaic modules shall be tested at the factory for design performance. Inverter shall be factory tested for performance, and results shall be included in the O & M manual. System start-up procedure will be as outlined by the Manufacturer's installation manuals and the inverter manual. MISCELLANEOUS INSTALLATIONS REQUIRMENTS All ground-mounted electrical equipment shall be installed on a six-inch concrete slab with #4 rebar on 12-inch centers, at minimum. The size of the pad shall be determined by the final electrical equipment layout with a 2-foot extension on the sides and a 4-foot extension in the front. Electrical equipment shall be installed in a shelter. If a suitable shelter that provides protection from direct sun and weather does not exist, then one shall be constructed. The permanent roof covering for the electrical equipment shall be a 26 gauge, Fabral Ultra-Rib steel panel or equal with a 70% Kynar coating, color to be selected by the COUNTY from the manufacturer's full line of colors. The size shall be determined by the area of the electrical equipment with an overhang of 2 feet on the sides and 5 feet in the front of all equipment. All framing members and purlins shall be 14 gauge, Grade 55 structural quality steel with a galvanized finish. Provide shop drawings for COUNTY approval. One solid wall shall be installed on the windward

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7.21. A.

B.

RFP# 8517 Calle Real Photovoltaic Project

C.

D.

side of the enclosure to provide additional protection of the electrical equipment from inclement weather. Install two weatherproof 120VAC electrical receptacles, with four plugs each, on each side of the electrical enclosure specified above. The outlets must be placed such that they are easily and safely reached and used. Run two additional two-inch electrical conduits between SCE's main service panel and the PV inverter for future use. The both ends of both conduits are to be capped and clearly marked so that the COUNTY can locate them when needed.

7.22.

PROJECT CLOSEOUT A. B. C. Clean all equipment and PV modules. PV modules shall be brush cleaned with soap and water and thoroughly rinsed. Clean all work areas, removing any debris. Prepare three (3) copies of O & M manuals in hard cover binders and one (1) copy on CD/ DVD and deliver to the COUNTY. As a minimum the binders shall include: 1. One complete set of all approved submittals including shop drawings and product literature. 2. Both hard and electronic copies of as-built drawings showing the final placement of all panels, combiner boxes, connections, and conduit placement. The electronic version shall be AutoCAD compatible. 3. As-built electrical plans, including three line diagrams, and elevation drawings showing the final placement of the electrical equipment. 4. Cleaning instructions for the PV panels and schedule of maintenance. 5. 6. 7. Copies of all start-up procedure measurements. Copies of all testing data and reports. Complete set of maintenance requirements and procedures for all system components.

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RFP# 8517 Calle Real Photovoltaic Project

8.0

8.1

POWER PURCHASE AGREEMENT (PPA) OPTION

CONTRACTOR(s) shall be responsible for the costs of all requirements specified in section 7.0, own, operate and maintain the solar photovoltaic system. The COUNTY will purchase electricity produced by the photovoltaic systems through a Power Purchase Agreement. The proposed PPA shall include items listed below; however final details of the PPA will be negotiated after Notice of Intention to Award: 8.1.1. The selected CONTRACTOR has sole contractual responsibility for accomplishing and paying all costs for the design, structural analysis, structural improvements, installation, operation, maintenance, investor arrangements, planning, Environmental Impact Reporting (EIR), California Environmental Quality Act (CEQA), permitting, engineering, delivery, installation, commissioning, warranties and financing of the solar photovoltaic system and all equipment.

8.2

Operation and Maintenance Requirements: CONTRACTOR shall operate and maintain the system on behalf of the COUNTY for the term of this Agreement. CONTRACTOR shall perform all required safety and maintenance activities, including warranty repair work, equipment replacement, including, but not limited to inverter replacement. CONTRACTOR shall maintain all aspects of the solar photovoltaic system during the term of the solar PPA and replace necessary components as needed to ensure system is producing approximately at the design level. CONTRACTOR's operation and maintenance services program shall include at minimum the following: 8.2.1 8.2.2 Annual on-site system inspection, including: system testing (operating current of each electrical string) and routine preventative maintenance; Repair and/or replacement of defective or parts (including equipment and labor);

8.2.3 System performance monitoring by the Contractor, including: energy production, reporting of problems to the COUNTY and dispatch of resources for expeditious resolution of problems. 8.2.4 Twice yearly solar panel cleanings including Inverter check: Visual inspection, check fans if applicable for debris 8.3 All project equipment will be installed in conformance with manufacturer's recommendations. Solar module warranty has a minimum of 20 years and warranties will be fully transferable to the COUNTY in event of purchase.

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RFP# 8517 Calle Real Photovoltaic Project

8.4

Compensation to the selected CONTRACTOR will be made only through the purchase of kilowatt-hours of electrical energy produced and measured by the solar photovoltaic system. There will be no compensation based on the reduction of demand. The purchase rate per kilowatt-hour will be explicitly defined for each year of the entire term of the PPA. The COUNTY may opt to retain all Environmental Attributes including Renewable Energy Credit (REC) and carbon credits. CONTRACTORS shall submit pricing for either case in their proposal. The CONTRACTOR shall provide in their RFP Response a conditional commitment letter from their permanent funding entity. The COUNTY will consider PPA pricing that does not result in a neutral or positive cash flow in the first years. The CONTRACTOR, in the absence of a purchase agreement, acknowledges its responsibility to remove all assets related to the solar Array(s) and reasonably restore the COUNTY's premises at the end of the PPA term. The CONTRACTOR shall provide a $100,000 (one hundred thousand dollar) removal bond. The COUNTY has determined that payment and performance bonds may not be required under the PPA option, provided that the financier has appropriate insurance or sureties that would cover situations in which these types of bonds would be required. The proposal will need to disclose these arrangements. The CONTRACTOR will need to provide proof of funds raised and working capital to build. The CONTRACTOR shall identify Evidence of Financing potential sources of both construction and long-term financing anticipated for this project. The Proposal shall include a letter from at least one source of financing that states at a minimum the following: (a) The financial institution is familiar with the financial condition of the Proposer, (b) The institution has reviewed both the Technical Proposal and the Economic Proposal submitted including the pricing provisions and the projected cash flows over the 20-year term, (c) The institution is familiar with this type of financing and the various income tax considerations including, but not limited to, the provisions under sections 50(b)(4) and 7701(e) of the Internal Revenue Code, The preceding letter is obviously short of a firm financing commitment but provides evidence that a potential financier has played a role in reviewing the Proposal and, based on that limited review, believes the project is financeable. This letter may be provided by an affiliate of

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8.5

8.6

8.7

8.8

8.9

8.10

RFP# 8517 Calle Real Photovoltaic Project

the Proposer provided that such affiliate routinely finances projects of this nature as part of its normal business. 8.11

Upon Contract award. The CONTRACTOR must reimburse the COUNTY General Services Department, the SCE CSI Rebate Reservation Application Fee of $20,000 (twenty thousand dollars).

PPA Option will include:

8.12.1. A term of 20 years, 8.12.2. COUNTY option for two five year extension periods after the initial term of 20 years. 8.12.3. Removal of the solar photovoltaic system after the term and return site to original condition at no cost to the COUNTY; or 8.12.4. COUNTY may purchase the system at a mutually agreed fair market or termination value, which ever is greater, during the term of the agreement with a buyout option presented to COUNTY by CONTRACTOR after the end of year five (5) and buy-out options at for each year thereafter.

8.12

8.12.5 The PPA price expressed in $/ kWh should incorporate all expenses including taxes in unit cost for electricity rate. 8.13 If this PPA TERM includes options for renewal or extension, CONTRACTOR must commence negotiations for rate changes a minimum of ninety days (90) prior to the expiration of the AGREEMENT. 8.12.1 8.12.2 Both parties shall agree upon rate term extension(s) or changes in writing. The COUNTY does not have to provide a reason if it elects not to renew.

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RFP# 8517 Calle Real Photovoltaic Project

9.0

9.1

SELECTION CRITERIA

The selection of CONTRACTOR(s) and subsequent contract award(s) will be based on the criteria contained in this RFP, as demonstrated in the submitted proposal. CONTRACTOR(s) should submit information sufficient for the COUNTY to easily evaluate the proposal with respect to the selection criteria. The absence of required information may cause the Proposal to be deemed non-responsive and may be cause for rejection. The selection criteria include, but are not limited to, the following: 9.2.1. Qualifications - Qualifications as per Section 6.0 herein; 9.2.2 Experience - A list of at least 5 similar projects which your firm completed within the last 5 years. Project information should include project description, capacity, agency or client name, year completed, and project construction and design cost; References­ CONTRACTOR shall submit at least four references for projects of comparable size as per THE PROPOSAL FORM attached hereto; Overall Support and Service Capabilities ­ If proposing other than a purchase, the CONTRACTOR shall provide evidence of contractual agreement with investors to fund such a solar photovoltaic system.

9.2

9.2.3 9.2.4

9.2.5 Timeline ­ Prepare project timeline for the design and installation of the Solar Photovoltaic System, displaying major milestones, durations, and ability to meet SCE incentives timeline; 9.2.6 Project Engineering Analysis - Information provided by CONTRACTOR detailing the estimated KWh generated by the proposed photovoltaic system for Calle Real property including all necessary assumptions including year 1 production assumed during peak, near peak and off peak summer and winter periods, annual maintenance down time, MTBF (mean time between failures), efficiency of the systems proposed, efficiency losses, net metering, etc.) Photovoltaic Safety Record ­ CONTRACTOR shall summarize their professional safety track records including any and all safety violations (OSHA). Financial Statements ­ CONTRACTOR shall provide information indicating financial strength of their company in terms of capital and liquid assets sufficient to successfully complete the project described in this RFP; and the financial stability of CONTRACTOR in terms of length of service, professional capabilities, construction experience and capabilities over time. Pricing Proposal ­ CONTRACTOR shall provide lump sum purchasing and PPA power pricing as per the PROPOSAL FORM attached hereto.

9.2.7 9.2.8

9.2.9

9.2.10 Benefits to the COUNTY ­ State what the CONTRACTOR envisions from its proposal.

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RFP# 8517 Calle Real Photovoltaic Project

10.0 PROPOSAL FORMAT AND CONTENT

10.1 To be considered "responsive," submitted Proposals should adhere to the following guidelines: 10.1.1 Three (3) sets of the proposals (one single-sided original proposal marked "Original" and two double-sided copies) shall be submitted in response to this solicitation. Each shall include a cover indicating the company name, primary contact person for this project, and reference to RFP #8517". In addition, submit four (4) electronic copies of the proposal on a CD, DVD, or USB memory stick. Electronic copies must be in Microsoft compatible format. Additional copies may be requested by the COUNTY at its discretion. 10.1.2 Proposals should be prepared on 8-1/2" x 11" recycled paper, preferably bound with front and back covers. Fold out charts, tables, spreadsheets, brochures, pamphlets, and other pertinent information or work product examples may be included as Appendices. 10.1.3 Reproductions of the Santa Barbara COUNTY Seal should not be used in any documents submitted in response to this solicitation. 10.2 Any page of the proposal package that is deemed to be a trade secret by the CONTRACTOR shall be clearly marked "PROPRIETARY INFORMATION" at the top of the page. 10.3 PROPOSAL CONTENT AND LAYOUT INSTRUCTIONS: 10.3.1 CONTRACTOR shall provide the information as requested and as applicable to the proposed goods and services. The proposal shall be organized as per the table below; headings and section numbering utilized in the proposal shall be the same as those identified in the table. Proposals shall include at a minimum, but not limited to, the following information in the format indicated:

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RFP# 8517 Calle Real Photovoltaic Project

PROPOSAL LAYOUT Organize and Number Proposal Sections as Follows Section 1 Cover Letter Table of Contents Summary of Benefits to the COUNTY Proposal Form Submittals Qualifications Experience and References Financial Statements Technical Aspects of Proposal Expectations Appendix

Section 2 Section 3 Section 4 Section 5 Section 6 Section 7

10.3.2 Proposal Section 1 Requirements: Cover Letter: All proposals must be accompanied by a cover letter not exceeding the equivalent of two (2) single-sided pages and should provide as follows: Contact Information: The name, mailing address, email address, telephone number, and fax number of CONTRACTOR's primary contact person. Firm Information: Description of the type of organization (e.g. corporation, partnership, including joint venture teams and subcontractors) and how many years it's been in existence. Table of Contents Page Summary of Benefits to the COUNTY: CONTRACTOR shall identify all the key elements of their proposal that will provide significant benefit to the COUNTY Proposal Form: The CONTRACTOR will provide a complete Proposal Form attached herein. Submittals: The contractor shall submit the following items with the Proposal. Installation Contractor · · Organizational structure of the company. Financial statements that have been audited or reviewed by an independent accounting firm. . (Mark Confidential)

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RFP# 8517 Calle Real Photovoltaic Project

PPA Firm · · · · · · Organizational Structure Firm's origination and history Financial statements that have been audited or reviewed by an independent accounting firm. (Mark Confidential) The firm's portfolio of funded and completed projects, including customer's name and system size. A list of five projects that have been funded by the Firm. A copy of a PPA that has been entered into contract with another government entity. This document will be used as a template for the development of the final PPA. A list of financial references from the Bank that will be used to finance the project. (Mark Confidential) AC and DC power

CSI calculation of output (http://www.csi-epbb.com/default.aspx)

·

Preliminary renewable energy system layout and site plan including: · · · · · ·

Aesthetic representation of the installation via altered photograph, drawing, or other visual model. Specification of the interconnection location within the campus. Proposed location of the inverter and other balance of system components. Proposed enclosure and security system details.

Drawings of the support structures showing details of how the system will be supported and footings. Product Data Sheets · · · ·

o

PV module data sheets Inverter data sheet Product warranty Data Acquisition System (DAS) data sheet

o Any and all exceptions to the Specification and all RFP

CONTRACTOR shall indicate whether any member of the team is or has been involved in a dispute leading to arbitration or litigation concerning any existing, proposed or terminated projects.

10.3.3 Proposal Section 2, Qualifications Requirements: Minimum Qualifications: CONTRACTOR must provide acknowledge in writing that they meet all of the minimum qualifications as set forth in Section 2.0 herein.

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RFP# 8517 Calle Real Photovoltaic Project

10.3.4 Proposal Section 3, Experience & References: Key Staff Persons: CONTRACTOR shall identify key staff and their qualifications and experience proposed for the service identified herein. References: CONTRACTOR must provide a minimum of four (4) clients, of which at least one must be a governmental agency, which the COUNTY may contact to conduct a reference check and shall do so using the PROPOSAL FORM attached hereto. The CONTRACTOR must be providing or have provided similar services as requested herein to the client within the last five (5) years. Identify the number of residential and commercial accounts serviced for each reference, and the type of Diversion program, and the Diversion results for the last five (5) years. Violations: CONTRACTOR shall submit copies of all notices of violations, corrective action notices, enforcement actions or orders, warning notices, or other forms of permit violation/non-compliance documentation (such as OSHA) that they have received in the past five (5) years from public agencies which are owned or operated by the CONTRACTOR, its parent company and/or subsidiaries.

10.3.5 Proposal Section 4, Financial Statements Requirements: . (Mark Confidential) a). The Winning CONTRACTOR shall provide copies of audited financial statements for the entity that is proposing to sign the Agreement, for the most recent three (3) fiscal years. Audited financial statements should include: balance sheet, income statement, statement of changes, footnotes, and subsidiary schedules. In the event that a CONTRACTOR does not have audited financial statements, three years of business tax returns, with supporting schedules, may be provided on an exception basis. However, tax returns are not an alternative to providing audited financial statements; if the CONTRACTOR has audited financial statements, those must be provided. If the entity that will sign the Agreement has a parent company or is proposing a joint venture, the parent company or joint venture company(ies) shall also provide audited financial statements for the most recent three fiscal years. The parent company shall provide a statement indicating its intent and means to provide financial assurance of performance If the entity that will sign the Agreement has been in existence less than three years, the CONTRACTOR shall provide sufficient financial data to substantiate, to the satisfaction of the COUNTY, the CONTRACTOR's financial capability and viability of the entity. As is set forth in this RFP, the COUNTY will make reasonable efforts, but makes no representation that it will be able to maintain total confidentiality of CONTRACTOR's financial information. A CONTRACTOR that submits financial information that it

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b).

c).

RFP# 8517 Calle Real Photovoltaic Project

asks to have treated as confidential should submit a statement justifying the request, cross reference it in the proposal and label it as a separate attachment, clearly identifying it as "Proprietary Information". 10.3.6 Proposal Section 5, Technical Proposal Requirements: a). CONTRACTOR's shall provide a written and signed statement in their proposal which confirms that their proposal is inclusive of all elements necessary for a turn-key project including rebate applications, grid connection agreement, all permits and approvals from governing agencies and all labor, taxes, services and equipment. CONTRACTOR's proposal shall include descriptions and/or diagrams to ensure the following key project design features are included b1). b2). Aesthetics - Proposed layout of system; Type of Solar Photovoltaic Technology - Cost, performance, and proven long-term durability and reliability, rate of output degradation over time, performance at low mounting angles and orientations other than true south; System Size - Expertise to independently evaluate appropriate system size; Metering of Produced Energy - Devices installed to support meter operations and transformers; Material Quality - Conduits, fasteners/hardware, conductors, structural materials, and photovoltaic electrical raceways, enclosures, and/or fittings; Electrical Design Issues - Identify optimum location for modules, inverter(s), and electrical capacity of site distribution system; minimize impact on existing COUNTY operations and equipment longevity. Meet all electrical code requirements; Responsibility for Costs - CONTRACTOR assumes responsibility for ALL project costs as described up to the point where solar photovoltaic system connects to the distribution site and provide table of proposed energy purchase rates.

b).

b3). b4). b5.)

b6).

b7).

c). d).

Proposed total cost to the COUNTY as per the PROPOSAL FORM attached hereto. Overall Support and Service Capabilities ­PPA CONTRACTORs shall describe their ability to meet and support the power purchase agreement for the development of the solar photovoltaic system

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RFP# 8517 Calle Real Photovoltaic Project

e).

Timeline ­ CONTRACTOR shall submit a proposed project timeline, displaying major milestones, durations, and ability to meet SCE incentives timeline. Project Engineering Analysis - CONTRACTOR shall provide information detailing the estimated KWh generated by the proposed photovoltaic system for this project. Details shall include all necessary assumptions, for example: sunlight availability, dark time, maintenance down time, efficiency of the system proposed, efficiency losses, net metering, etc.

f).

10.3.7 Proposal Section 6, Exceptions: Submit any and all exceptions to this solicitation on separate pages, and clearly identify the top of each page with "EXCEPTION TO SANTA BARBARA COUNTY SOLICITATION #8517". Each Exception shall include the page number, section number, and referenced item number as appropriate. CONTRACTOR should note that the submittal of an Exception does not obligate the COUNTY to revise the terms of the RFP or Agreement. 10.3.8 Proposal Section 7, Appendix: Appendices: CONTRACTOR's may provide any additional information that they believe to be applicable to this proposal and include such information as an Appendix in the proposal. 10.4 Proposals shall be mailed to the address indicated on the Front Page of this RFP.

10.5

ALL PROPOSALS MUST BE SUBMITTED IN A SEALED PACKAGE BEARING ON THE OUTSIDE, PROMINENTLY DISPLAYED IN THE LOWER LEFT CORNER the following: CONTRACTOR'S company name and primary contact person, and the solicitation number RFP #8517. Proposals that do not follow the format outlined above in all of Section 11 herein, or fail to provide the required documentation, may receive lower evaluation scores or be deemed non-responsive.

10.6

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RFP# 8517 Calle Real Photovoltaic Project

11.0 CONTRACT NEGOTIATION

The COUNTY will pursue contract negotiations with the CONTRACTOR(s) who submit(s) the best Proposal(s), in the sole opinion of the COUNTY, and which is in accordance with the criteria as described within this RFP. If the contract negotiations are unsuccessful, in the opinion of either the COUNTY or the CONTRACTOR(s), the COUNTY may pursue contract negotiations with the company which submitted a Proposal which the COUNTY deems to be the next best qualified to provide the services, or the COUNTY may issue a new RFP or take any other action which it deems to be in its best interest.

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RFP# 8517 Calle Real Photovoltaic Project

GENERAL CONDITIONS (GC)

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RFP# 8517 Calle Real Photovoltaic Project

GC 1.0 CONTRACT AWARDS

GC 1.1 Multiple Award(s): The COUNTY has the option to award a portion or portions of this contract to multiple successful CONTRACTOR(s) at the sole discretion of and benefit to the COUNTY. The award(s) made from this solicitation is subject to approval by the COUNTY Board of Supervisors. Interview: the COUNTY reserves the right to interview selected CONTRACTOR(s) before a contract is awarded. The costs of attending any interview are the CONTRACTOR'S responsibility. Incurred Costs: The COUNTY is not liable for any cost incurred by CONTRACTOR(s) in response to this solicitation. Unsuccessful CONTRACTORS who have submitted a Proposal will be notified of the final decision. The award(s) resulting from this solicitation will be made to the CONTRACTOR(s) that submit(s) a response that, in the sole opinion of the COUNTY, best serves the overall interest of the COUNTY. Awards will not be based on cost alone.

GC 1.2 GC 1.3

GC 1.4 GC 1.5 GC 1.6

GC 2.0 PROPOSAL SUBMITTALS

GC 2.1 All submittals in response to this solicitation become the property of the COUNTY of Santa Barbara. If a CONTRACTOR does not wish to submit a Proposal but wishes to acknowledge the receipt of the request, the reply envelope shall be marked "No Proposal." Santa Barbara COUNTY reserves the right to reject any and all Proposals, or part any Proposal, to postpone the scheduled Proposal deadline date(s), to make an award in its own best interest, and to waive any informalities or technicalities that do not significantly affect or alter the substance of an otherwise responsible Proposal and that would not affect a CONTRACTOR'S ability to perform the work adequately as specified.

GC 2.2

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RFP# 8517 Calle Real Photovoltaic Project

GC 2.3

Proposals must be received NOT LATER THAN.

October 8, 2010 AT 3:00 PM COUNTY of Santa Barbara General Services, Facilities Division 1105 Santa Barbara St. (Santa Barbara Historic Courthouse E. Wing 2nd Fl), Santa Barbara, California 93101

GC 2.4

ALL PROPOSALS MUST BE SUBMITTED IN A SEALED PACKAGE BEARING ON THE OUTSIDE, PROMINENTLY DISPLAYED IN THE LOWER LEFT CORNER the following: the CONTRACTOR'S company name and primary contact person's name, the solicitation number and proposals shall be addressed as indicated on the cover page of this RFP. It is the sole responsibility of the CONTRACTOR to ensure that the Proposal is received at or before the specified time. Postmarks and facsimiles are not acceptable. Proposals received after the deadline shall be rejected and returned unopened. Submit any and all exceptions to this solicitation on separate pages, and clearly identify the top of each page with EXCEPTION TO SANTA BARBARA COUNTY SOLICITATION # 8517 GC 2.6.1 Each EXCEPTION shall include the page number, section number, and referenced item number as appropriate. Failure to comply with GC 2.3 ­ 2.6.1 may result in a Proposal being declared as "non-responsive".

GC 2.5

GC 2.6

GC 2.7

GC 4.0 PROPOSAL STANDARD INSTRUCTIONS AND CONDITIONS

GC 4.1 Propose on each item separately. Prices shall be quoted in units specified. If total extended price differs from unit price, the unit price shall prevail. GC 4.2 Brand names and numbers when cited are informational unless stipulated otherwise. Proposals for equal items will be considered, provided the proposal clearly describes the article offered and its proposed equal in quality, utility and/or performance. Proposals not indicating otherwise will be considered to be for the exact item specified.

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RFP# 8517 Calle Real Photovoltaic Project

GC 4.3 Delivery time shall be a part of the consideration of proposal submissions. Specify delivery time in days after receipt of order (ARO). GC 4.4 Unless stated otherwise, the F.O.B. for receivables shall be destination. Charges for transportation, containers, packaging and other related shipping costs shall be borne by the shipper. GC 4.5 ACCEPTANCE TIME: Proposals are subject to acceptance at any time within 90days after opening at the COUNTY's discretion. GC 4.6 TAXES: The COUNTY is registered with the Internal Revenue Service, San Francisco office, registration number 94730022K.The COUNTY is exempt from Federal Transportation Tax; an exemption certificate is not required where shipping documents show Santa Barbara COUNTY as consignee. GC 4.7 CAL-OSHA: The items proposed shall conform to all applicable requirements of the California Occupational Safety and Health Administration Act of 1973 (CALOSHA). GC 4.8 HAZARDOUS MATERIALS: Transportation of any hazardous materials to the COUNTY of Santa Barbara must be done so in conformance with SARA Title 3 as amended. Appropriate documentation must be provided in a Material Safety Data Sheet (MSDS) and other documentation as necessary relating to the traits, characteristics, and pervasive properties of any hazardous materials shipped to the COUNTY of Santa Barbara. The shipper understands that the COUNTY of Santa Barbara shall not accept any shipment of hazardous materials without complete documentation and safety information as required by law. The COUNTY of Santa Barbara shall not take responsibility for the accidental or purposeful discharge or release of any hazardous material. The COUNTY of Santa Barbara does not take responsibility for the improper packaging and/or transportation of any hazardous materials ordered by the COUNTY while in transit or storage prior to delivery and acceptance by the COUNTY. GC 4.9 WARRANTY: The CONTRACTOR shall specify the warranty period for the materials and guarantee the workmanship of all items proposed. After the award, the CONTRACTOR shall promptly remedy all defects without cost to the COUNTY that may appear within this period. GC 4.10 Any discount offered by the CONTRACTOR(s) must allow for payment after receipt and acceptance of services, material or equipment and correct invoice, whichever is later. In no case, in the evaluation of Proposals, will a discount be considered that requires payment in less than 30 days.

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RFP# 8517 Calle Real Photovoltaic Project

GC 5.0 AGREEMENT TO TERMS AND CONDITIONS

CONTRACTOR(s) selected through the solicitation process will be expected to execute a formal agreement with the COUNTY for the provision of the requested service. The AGREEMENT will be written by the COUNTY in a standard format approved by COUNTY Counsel, similar to the AGREEMENT" enclosed herewith. Submission of a signed proposal will be interpreted to mean CONTRACTOR HAS AGREED TO ALL THE TERMS AND CONDITIONS set forth in the pages of this request and the standard provisions of the AGREEMENT. The COUNTY may consider including language from the CONTRACTOR'S proposed agreement if submitted following the procedures identified in Section 11 PROPOSAL FORMAT AND CONTENT herein.

GC 6.0 RIGHTS AND REMEDIES OF THE COUNTY FOR DEFAULT

If solar system is procured by COUNTY the contractor will be required to secure both payment and performance bond. In the case of default by the CONTRACTOR, the COUNTY may procure the articles or services from other sources and may recover the loss occasioned thereby from any unpaid balance due the CONTRACTOR or by proceeding against any performance bond of the CONTRACTOR, if any, or by suit against the CONTRACTOR. The prices paid by the COUNTY shall be considered the prevailing market price at the time such purchase(s) may be made. Inspections of deliveries or offers for deliveries that do not meet specifications shall be made at the expense of the CONTRACTOR.

GC 7.0 INDEMNIFICATION

CONTRACTOR shall indemnify, defend, and hold harmless the COUNTY, its officers, agents, and employees, from and against any and all claims, liabilities, and losses whatsoever (including damages to property and injuries to or death of persons, court costs, and reasonable attorneys' fees) occurring or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims, liabilities, and losses occurring or resulting to any person, firm, or corporation for damage, injury, or death arising out of or connected with the CONTRACTOR's performance of this AGREEMENT, unless such claims, liabilities, or losses arise out of the sole negligence or willful misconduct of the COUNTY. "CONTRACTOR's performance" includes CONTRACTOR's action or inaction and the action or inaction of CONTRACTOR's officers, employees, agents and subcontractors.

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RFP# 8517 Calle Real Photovoltaic Project

GC 8.0 INSURANCE

GC 8.1 Evidence of Coverage: Prior to commencement of this AGREEMENT, the CONTRACTOR shall provide a "Certificate of Insurance" certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition the CONTRACTOR upon request shall provide a certified copy of the policy or policies. This verification of coverage shall be sent to the COUNTY's, Contracts/Purchasing Department, unless otherwise directed. The CONTRACTOR shall not receive a "Notice to Proceed" with the work under this AGREEMENT until it has obtained all insurance required and such insurance has been approved by the COUNTY. This approval of insurance shall neither relieve nor decrease the liability of the CONTRACTOR. GC 8.2 Qualifying Insurers: All coverage's, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A- VII, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the COUNTY's Purchasing Manager. GC 8.3 Insurance Coverage Requirements: Without limiting CONTRACTOR's duty to indemnify, CONTRACTOR shall maintain in effect throughout the term of this AGREEMENT a policy or policies of insurance with the following minimum limits of liability: GC 8.3.1 Commercial general liability insurance, including but not limited to premises and operations, including coverage for Bodily Injury and Property Damage, Personal Injury, Contractual Liability, Broadform Property Damage, Independent Contractors, Products and Completed Operations, with a combined single limit for Bodily Injury and Property Damage of not less than $1,000,000 per occurrence. GC 8.3.2 Business automobile liability insurance, covering all motor vehicles, including owned, leased, non-owned, and hired vehicles, used in providing services under this AGREEMENT, with a combined single limit for Bodily Injury and Property Damage of not less than $1,000,000 per occurrence.

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RFP# 8517 Calle Real Photovoltaic Project

GC 8.3.3 Workers' Compensation Insurance, if CONTRACTOR employs others in the performance of this AGREEMENT, in accordance with California Labor Code section 3700 and with Employer's Liability limits not less than $1,000,000 each person, $1,000,000 each accident and $1,000,000 each disease. GC 8.3.4 Professional liability insurance, if required for the professional services being provided, (e.g., those persons authorized by a license to engage in a business or profession regulated by the California Business and Professions Code), in the amount of not less than $1,000,000 per claim and $2,000,000 in the aggregate, to cover liability for malpractice or errors or omissions made in the course of rendering professional services. If professional liability insurance is written on a "claims-made" basis rather than an occurrence basis, the CONTRACTOR shall, upon the expiration or earlier termination of this AGREEMENT, obtain extended reporting coverage ("tail coverage") with the same liability limits. Any such tail coverage shall continue for at least three years following the expiration or earlier termination of this AGREEMENT. GC 8.4 Other Insurance Requirements. All insurance required by this AGREEMENT shall be with a company acceptable to the COUNTY and issued and executed by an admitted insurer authorized to transact Insurance business in the State of California. Unless otherwise specified by this AGREEMENT, all such insurance shall be written on an occurrence basis, or, if the policy is not written on an occurrence basis, such policy with the coverage required herein shall continue in effect for a period of three years following the date CONTRACTOR completes its performance of services under this AGREEMENT. GC 8.5 Each liability policy shall provide that the COUNTY shall be given notice in writing at least thirty days in advance of any endorsed reduction in coverage or limit, cancellation, or intended non-renewal thereof. Each policy shall provide coverage for CONTRACTOR and additional insured's with respect to claims arising from each subcontractor, if any, performing work under this AGREEMENT, or be accompanied by a certificate of insurance from each subcontractor showing each subcontractor has identical insurance coverage to the above requirements. Commercial general liability and automobile liability policies shall provide an endorsement naming the COUNTY of Santa Barbara , its officers, agents, and employees as Additional Insured's with respect to liability arising out of the

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GC 8.6

RFP# 8517 Calle Real Photovoltaic Project

CONTRACTOR'S work, including ongoing and completed operations, and shall further provide that such insurance is primary insurance to any insurance or selfinsurance maintained by the COUNTY and that the insurance of the Additional Insured's shall not be called upon to contribute to a loss covered by the CONTRACTOR'S insurance. The required endorsement form for Commercial General Liability Additional Insured is ISO Form CG 20 10 11-85 or CG 20 10 10 01 in tandem with CG 20 37 10 01 (2000). The required endorsement form for Automobile Additional Insured endorsement is ISO Form CA 20 48 02 99. GC 8.7 Prior to the execution of this AGREEMENT by the COUNTY, CONTRACTOR shall file certificates of insurance with the COUNTY's contract administrator and COUNTY's Contracts/Purchasing Division, showing that the CONTRACTOR has in effect the insurance required by this AGREEMENT. The CONTRACTOR shall file a new or amended certificate of insurance within five calendar days after any change is made in any insurance policy, this would alter the information on the certificate then on file. Acceptance or approval of insurance shall in no way modify or change the indemnification clause in this AGREEMENT, which shall continue in full force and effect. CONTRACTOR shall at all times during the term of this AGREEMENT maintain in force the insurance coverage required under this AGREEMENT and shall send, without demand by COUNTY, annual certificates to COUNTY's Contract Administrator and COUNTY's Contracts/Purchasing Division. If the certificate is not received by the expiration date, COUNTY shall notify CONTRACTOR and CONTRACTOR shall have five calendar days to send in the certificate, evidencing no lapse in coverage during the interim. Failure by CONTRACTOR to maintain such insurance is a default of this AGREEMENT, which entitles COUNTY, at its sole discretion, to terminate this AGREEMENT immediately.

GC 8.8

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RFP# 8517 Calle Real Photovoltaic Project

GC 9.0 INVOICES

CONTRACTOR shall reference the solicitation "project #8517and contract number" on all invoices submitted to the COUNTY. CONTRACTOR shall submit such invoices periodically or at the completion of services, but in any event, not later than 30 days after completion of services. The invoice shall set forth the amounts claimed by CONTRACTOR for the previous period, together with an itemized basis for the amounts claimed, and such other information pertinent to the invoice. Them COUNTY shall certify the invoice, either in the requested amount or in such other amount as the COUNTY approves in conformity with this AGREEMENT, and shall promptly submit such invoice to the COUNTY Auditor-Controller for payment. The COUNTY AuditorController shall pay the amount certified within 30 days of receiving the certified invoice.

GC 10.0 RIGHTS TO PERTINENT MATERIALS

All responses, inquiries, and correspondence related to this solicitation and all reports, charts, displays, schedules, exhibits, and other documentation produced by the, CONTRACTOR that are submitted as part of the submittal will become the property of the COUNTY when received by the COUNTY and may be considered public information under applicable law. Any proprietary information in the submittal must be identified as such and marked "PROPRIETARY INFORMATION". The COUNTY will not disclose proprietary information to the public, unless required by law; however, the COUNTY cannot guarantee that such information will be held confidential.

GC 11.0 CONTRACT AUDITS

CONTRACTOR agrees that Santa Barbara COUNTY or its designee will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide Santa Barbara COUNTY or its designee with any relevant information requested, and shall permit Santa Barbara COUNTY or its designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of five (5) years after final payment under the contract.

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RFP# 8517 Calle Real Photovoltaic Project

GC 12.0 NON-DISCRIMINATION

GC 12.1 During the performance of this contract, the CONTRACTOR shall not unlawfully discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age (over 40), sex, or sexual orientation. The CONTRACTOR(s) shall ensure that the evaluation and treatment of its employees and applicants for employment are free of such discrimination. The CONTRACTOR shall comply with the provisions of the Fair Employment and Housing Act (Government Code, §12900, et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, §7285.0, et seq.). GC 12.2 The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, §12900, et seq., set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. GC 12.3 The successful CONTRACTOR(s) shall include the non-discrimination and compliance provisions of the clause in all agreements with subcontractors to perform work under the contract.

GC 13.0 INDEPENDENT CONTRACTOR

GC 13.1 The CONTRACTOR shall be an independent contractor and shall not be an employee of Santa Barbara COUNTY, nor immediate family of an employee of the COUNTY. CONTRACTOR shall be responsible for all insurance (General Liability, Automobile, Workers' Compensation, unemployment, etc,) and all payroll-related taxes. CONTRACTOR shall not be entitled to any employee benefits. The CONTRACTOR shall control the manner and means of accomplishing the result contracted for herein. GC 13.2Non-Assignment: CONTRACTOR shall not assign this contract without the prior written consent of the COUNTY.

GC 14.0 CONFLICT OF INTEREST

The CONTRACTOR covenants that the CONTRACTOR, its responsible officers, and its employees having major responsibilities for the performance of work under the AGREEMENT, presently have no interest and during the term of the AGREEMENT will not acquire any interests, direct or indirect, which might conflict in any manner or degree with the performance of the CONTRACTOR'S services under the AGREEMENT.

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RFP# 8517 Calle Real Photovoltaic Project

PROPOSAL DOCUMENTS

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RFP# 8517 Calle Real Photovoltaic Project

CONTRACTOR'S STATEMENTS

REGARDING INSURANCE COVERAGE: CONTRACTOR hereby certifies that he has reviewed the insurance coverage requirements specified in the Contract Specifications. Should he be awarded the contract for the work, CONTRACTOR further certifies that he can meet all the Contract Specification requirements for insurance including insurance coverage of his subcontractors. REGARDING PUBLIC CONTRACT CODE SECTION 10232: In accordance with Public Contract Code Section 10232, the Contractor hereby states, under penalty of perjury, that no more than one final unappealable finding of contempt of court by a Federal Court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a Federal Court which orders the Contractor to comply with an order of the National Labor Relations Board. REGARDING PUBLIC CONTRACT CODE SECTION 10162: In accordance with Public Contract Code Section 10162, the CONTRACTOR shall complete, under penalty of perjury, the following questionnaire: Has the CONTRACTOR, any officer of the CONTRACTOR, or any employee of the CONTRACTOR who has proprietary interest in the CONTRACTOR, ever been disqualified, removed, or otherwise prevented from proposing on, or completing, a federal, state, or local government project because of a violation of law or safety regulation? Yes No

(If the answer is yes, explain the circumstances on a separate sheet of paper and attach to proposal)

Dated

Signature of Principal

Printed Name, Title of Principal

Company

Address

COUNTY, State & Zip

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RFP# 8517 Calle Real Photovoltaic Project

ANTI-FRAUD CERTIFICATION

COUNTY of Santa Barbara RFP# 8517 Calle Real Photovoltaic Project 4434 Calle Real Santa Barbara, CA 93101 Project No 8517 In accordance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the CONTRACTOR hereby declares under penalty of perjury that the CONTRACTOR has , has not , been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the proposing upon award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or Trustees of the California State University. The term "CONTRACTOR" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. NOTE: The CONTRACTOR must place a check mark after "has" or "has not" in one of the blank spaces provided.

Dated

Signature of Principal

Printed Name, Title of Principal

Company

Address

COUNTY, State & Zip.

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RFP# 8517 Calle Real Photovoltaic Project

PROPOSAL FORM

COUNTY OF SANTA BARBARA GENERAL SERVICES DEPARTMENT

FOR:

RFP# 8517 CALLE REAL PHOTOVOLTAIC PROJECT

NAME OF PROPOSER ____________________________________________________________ BUSINESS ADDRESS ____________________________________________________________ PLACE OF BUSINESS ____________________________________________________________

Location: The work to be done and referred to herein is in the COUNTY of Santa Barbara, Santa Barbara, State of California, more particularly described as follows: RFP# 8517 Calle Real Photovoltaic Project The undersigned, as proposer, declares that the only person or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that he/she has carefully examined the location of the proposed work, the annexed proposed form of contract, the Plans, Special Provisions and Standard Specifications; and he proposes, and agrees if this proposal is accepted, that he/she will contract with the COUNTY, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of payment therefore the following item prices to wit:

____________________________________ Signature _____________________________________ Name

_________________________________ Date _________________________________ Title

PROPOSAL FORM

P-1 Page 52

RFP# 8517 Calle Real Photovoltaic Project

RFP# 8517 CALLE REAL PHOTOVOLTAIC PROJECT

Costs are required for the entire work. The proposer shall set forth for each item of work, in clearly legible figures, an item price and a total for the item in the respective spaces provided for this purpose. In the case of unit basis items, the amount set forth under the "Total" column shall be the extension of the item price proposal on the basis of the estimated quantity for the item. In case of discrepancy between the item price and the total set forth for the item, the item price shall prevail, provided, however, if the amount set forth as an item price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or in the case of unit basis items, is the same amount as the entry in the "Total" column, then the amount set forth in the "Total" column for the item shall prevail in accordance with the following: 1) As to lump sum items, the amount set forth in the "Total" column shall be the item price. 2) As to unit basis items, the amount set forth in the "Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the item price. It is understood and agreed that the quantities of work under each item are approximate only, being given for a basis of comparison of proposal, and the right is reserved to the COUNTY to increase or decrease the amount of work under any item as may be required, in accordance with provisions set forth in the specifications for this project. It is further understood and agreed that the total amount proposal for the project does not constitute an agreement to pay a lump sum for the work unless it specifically so states.

____________________________________ Signature

_________________________________ Date

_____________________________________ Name

_________________________________ Title

PROPOSAL FORM

P-2

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RFP# 8517 Calle Real Photovoltaic Project

PPA Provider Questionnaire 1. Has the firm defaulted on any loans in the past five years? Circle: YES NO If YES, provide details: _____________________________________________________________________________

_____________________________________________________________________________

2. Can the PPA Firm obtain optional performance bonds. Circle YES NO If NO, provide details: _____________________________________________________________________________

_____________________________________________________________________________

3. Has the PPA Firm bid on a COUNTY project and been found to be non-responsive? Circle YES NO If YES, provide details: _____________________________________________________________________________

_____________________________________________________________________________ 4. Has the PPA company, or any of its members, owners, officers, or managing employees, defaulted on a construction contract. Circle YES NO If YES, provide details: ____________________________________________________________________________

____________________________________________________________________________

PROPOSAL FORM

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RFP# 8517 Calle Real Photovoltaic Project

5. Has the Company, its parent company, or any affiliates, been in bankruptcy or receivership Circle YES NO If YES, provide details: _____________________________________________________________________________

_____________________________________________________________________________

6. CONTRACTOR shall indicate whether any member of the team is or has been involved in a dispute leading to arbitration or litigation concerning any existing, proposed or terminated projects Circle YES NO If YES, provide details: _____________________________________________________________________________

_____________________________________________________________________________

PROPOSAL FORM

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RFP# 8517 Calle Real Photovoltaic Project

The County of Santa Barbara General Services Department is soliciting proposals for a one megawatt Photovoltaic System. Proposals in addition to the one megawatt system will also be considered.

Proposals can be submitted for any or all of the following options: 1)Purchase by the COUNTY Table A Part 1 and Table A Part 2 must be completed for the each Purchase proposal. 2)Power Purchase Agreement (PPA) (Currently Preferred) Table B Part1 and Table B Part 2 must be completed for the each Solar Project Power Purchase Agreement (PPA) proposal. 3)Other Financing option or Expansions

Following are tables that must be completed in their entirety for Proposed System and System Expansion Option. Use more sheets if desired

P-4 Page 56

RFP# 8517 Calle Real Photovoltaic Project

Purchase TABLE A Part 1 Proposed Solar System Purchase for a Photovoltaic System of _________kWh Provide as many Purchase Options as desired (The first one should be for one megawatt). Provide all information necessary to evaluate all costs for a complete a life cycle cost analysis. If the cost is not included in the Table below, it will not become part of the Agreement.

No other costs will be accepted as part of the agreement

Item

1 2 3 4 5 6 7 8 9

Description

PV Modules Inverters Support Structure All Labor Optional Jail Back up (see section 7.8.h.8 Installation Costs less labor All Other Costs Maintenance Contract

Performance Bond

Manufacture

Model#

Quantity

$ $

Unit Price

$ $

Total Price

$ $ $ $ $ $ $

$ $ $ $ $ $ $

Total Price $ Total Price $ Written in Words

PROPOSAL FORM

$

P5 Page 57

RFP# 8517 Calle Real Photovoltaic Project

Purchase TABLE A Part 2 This the second part of table A. Provide all information necessary to evaluate all costs for a complete a life cycle cost analysis. If the cost is not included in the Table below, it will not become part of the Agreement. (In D.09-03-025, the Commission authorized SCE to increase its 2009 authorized GRC revenue requirement of $4.830 billion by 4.25% in 2010, and an additional 4.35% in 2011) Do not alter column C data, use 4.35% only as the SCE escalator for column C. The COUNTY may choose one or any number of the options below. No other costs will be accepted as part of the agreement A

Contract Year

B

Net kWh Delivered to the COUNTY

C

SCE Cost of Electricity

D

County Rebate

E

SCE Cost of Electricity ( = Colum C x Colum B Expected)

F

COUNTY Loan Payment Assume 3.5% Loan Loan amount from Table 1a

G

County Cost Benefit (= Colum F-Colum E)

H

Optional Jail Back up (see section7.8.h.8)

I

Insurance (fire, thief, liability)

J

COUNTY

owns the

K

Construction Bond Option

L

ALL Other Costs

M

Total Cost (= Colum G -Colum H -Colum I -Colum J -Colum K-Colum L)

(Using a 4.35% price escalator)

REC

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

Expected kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh

Guaranteed kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

13.00 13.57 14.16 14.77 15.41 16.08 16.78 17.51 18.28 19.07 19.90 20.77 21.67 22.61 23.60 24.62 25.69 26.81 27.98 29.19

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

$

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

$

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

$

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

$

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

$

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

$

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

$

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

$

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

Totals

Total Price $ Written in Words

P6

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PPA Table B Part 1 Solar Project Power Purchase Agreement (PPA)

Proposed Solar System PPA for a Photovoltaic System of _________kWh

RFP# 8517 Calle Real Photovoltaic Project

(The first one should be for one megawatt). Provide all information necessary to evaluate all costs and buyout operations necessary to complete a life cycle cost analysis. If the cost is not included in the Table below, it will not become part of the Agreement. Use more sheets if desired. (In D.09-03-025, the Commission authorized SCE to increase its 2009 authorized GRC revenue requirement of $4.830 billion by 4.25% in 2010, and an additional 4.35% in 2011) Do not alter column C data, use 4.35% only as the SCE escalator for column C. The COUNTY may choose one or any number of the options below. No other costs will be accepted as part of the agreement A

Contract Year

B

Net kWh Delivered to the COUNTY

C

SCE Cost of Electricity

D

PPA Cost Per kWh

E

SCE Cost of Electricity ( = Colum C x Colum B Expected)

F

COUNTY Payment to PPA ( = Colum D x Colum B Expected)

G

PPA Cost Benefit (= Colum FColum E)

H

Optional Jail Back up (see section7.8.h.8)

I

Insurance (fire, thief, liability)

J

COUNTY

owns the

K

Construction Bond Option

L

ALL Other Costs

M

Total Cost (= Colum G -Colum H -Colum I -Colum J -Colum K-Colum L)

(Using a 4.35% price escalator)

REC

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

Expected kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh

Guaranteed kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh kWh

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

13.00 13.57 14.16 14.77 15.41 16.08 16.78 17.51 18.28 19.07 19.90 20.77 21.67 22.61 23.60 24.62 25.69 26.81 27.98 29.19

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

$

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

$

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

$

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

$

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

$

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

$

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

$

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

$

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

Totals

Total Price $ Written in Words

Page 59

PPA Table B Part 2 Solar Project Power Purchase Agreement (PPA)

RFP# 8517 Calle Real Photovoltaic Project

This the second part of Table B Provide all information necessary to evaluate all costs and buyout operations necessary to complete a life cycle cost analysis. If the cost is not included in the Table below, it will not become part of the Agreement. Use more sheets if desired No other costs will be accepted as part of the agreement

End of Term cost of Removal:

Cost Adder for RECs per kWh:

ALL Other Costs: Descriptions Cost details

Guarantees

No other costs will be accepted as part of the PPA agreement

PROPOSAL FORM

P8 Page 60

RFP# 8517 Calle Real Photovoltaic Project

NON-COLLUSION DECLARATION TO BE EXECUTED BY PROPOSER AND SUBMITTED WITH PROPOSAL "I, __________________________________________, hereby declare as follows: that he or she is _____________________________________________ of ________________________the party making the foregoing proposal that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing, that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal." I certify and declare under penalty of perjury that the foregoing is true and correct. Executed on ____________________________ at _____________________________________ (DATE) (PLACE)

___________________________________ SIGNATURE

___________________________________ NAME

PROPOSAL FORM

P-9 Page 61

RFP# 8517 Calle Real Photovoltaic Project

ADDENDUM ACKNOWLEDGEMENT

CONTRACTOR acknowledges receipt of the following addendums, which are attached to the proposal:

Addendum No. _____________________ Date ____________________________ Addendum No. _____________________ Date ____________________________ Addendum No. _____________________ Date ____________________________ Addendum No. _____________________ Date ____________________________ Addendum No. _____________________ Date ____________________________ Addendum No. _____________________ Date ____________________________ Addendum No. _____________________ Date ____________________________ Addendum No. _____________________ Date ____________________________ Addendum No. _____________________ Date ____________________________ Addendum No. _____________________ Date ____________________________ Addendum No. _____________________ Date ____________________________

PROPOSAL FORM

P-10

Page 62

RFP# 8517 Calle Real Photovoltaic Project

LIST OF SUBCONTRACTORS Each proposer shall complete and submit this form with his/her proposal in accordance with the following instructions. 1. For each subcontract item to be performed by a subcontractor, the following shall be indicated herein: the name of the subcontractor, the portion of work to be preformed and the location of the place of business. 2. Only one subcontractor shall be listed for each craft unless there is an alternate proposal in which case a different subcontractor, when so designated, may be listed for the alternate work. 3. All fields must be completed as specified or proposal may be rejected. Portion of Contract Name of Subcontractor

(i.e. Electrical, Striping, Roofing, etc.)

Location of Business (City and State)

PROPOSAL FORM

P-11

Page 63

RFP# 8517 Calle Real Photovoltaic Project CONTRACTOR LICENSE INFORMATION

The undersigned is licensed in accordance with the laws of the State of California. License No.: Class:

Individual Contractor:

Name: _________________________________________ Address: ________________________________________ Signature: _______________________________________

Partnership:

Name: __________________________________________ Business Address: _________________________________ ________________________________________________ By: _____________________________________________ President Other Partners: _____________________________________ __________________________________________________

Corporation:

Name: ____________________________________________ Business Address: ___________________________________ ___________________________________________________ By: ________________________________________________ President ________________________________________________ Secretary Organized under the laws of the State Of _________________________________________________

PROPOSAL FORM

P-12 Page 64

RFP# 8517 Calle Real Photovoltaic Project STATEMENT OF EXPERIENCE & QUALIFICATIONS

CONTRACTOR shall provide a list of Projects previously installed that are similar to the one proposed to be installed at the COUNTY Installations System 1 Client name, address and contract information

System 2

System 3

Started Date Completed Date Panel and inverter manufacture/type

Tracker or fixed tilt Roof, open field, or other(describe)

Capacity in kW (AC) Net AC kWh in 2009 Current status Total Contract Value # of Employees on the Project Supervised by % of Subs used on the Project $

kW kWh

kW kWh

kW kWh

$

$

%

%

%

CONTRACTOR is not limited to three systems and the preceding table may be extended or modified as necessary. The COUNTY prefers that any supplemental information be limited to one page per system. Indicate the two longest running systems that you have developed that are currently operating.

PROPOSAL FORM

P-13 Page 65

EXCEPTIONS TO THE SPECIFICATION AND GENERAL STIPULATIONS List any and all exceptions to the Specification and General Stipulations. The Specification and General Stipulations constitute the conditions set forth in the Proposal. The CONTRACTOR agrees to all terms and conditions except those listed below. DOCUMENT SECTION # EXCEPTION

PROPOSAL FORM

P-14 Page 65

RFP# 8517 CALLE REAL PHOTOVOLTAIC PROJECT

CONTRACTS FORMS

Page 67

RFP# 8517 CALLE REAL PHOTOVOLTAIC PROJECT

COUNTY OF SANTA BARBARA AGREEMENT FOR: General Services Project No. Project # 8517 COUNTY of Santa Barbara

CALLE REAL PHOTOVOLTAIC PROJECT

4434 Calle Real, Santa Barbara, CA 93101 AGREEMENT FOR SERVICES OF INDEPENDENT CONTRACTOR

THIS AGREEMENT is made by and between the COUNTY of Santa Barbara, a political subdivision of the State of California, (hereinafter called COUNTY), and {ENTER BUSINESS}, having its principal place of business at {ENTER ADDRESS}, (hereafter called CONTRACTOR), for the completion of the work identified herein, on the following terms, conditions and provisions: 1. CONTRACT: This agreement incorporates by reference all of the General and Special Conditions and Specifications provided by COUNTY for the work identified above; and where consistent with this document, the proposal executed and submitted by the CONTRACTOR. CONTRACTOR acknowledges receipt of all such documents as were not already in Contractor's possession. Said incorporated documents, this agreement, any Notice to Contractors, the Proposal Bond, the Faithful Performance Bond, and Payment Bond are referred to herein as the "Contract" or "Contract Documents." Copies of all said documents are on file in the Department of General Services Office of the COUNTY and have been and will be made available to the CONTRACTOR during the term of this Agreement. RFP# 8517 CALLE REAL PHOTOVOLTAIC PROJECT 2. WORK: CONTRACTOR agrees, at his own proper cost and expense, to furnish all the work and all equipment and materials necessary to perform and complete the work described in the documents referred to above, in a good and workman like manner to the satisfaction of the Director of General Services of said COUNTY, all in strict accordance with the Plans and the Contract Documents provided. 3. EXCAVATIONS: Before any pavement resurfacing, displacement or excavation of the ground that may be required by any performance under this Agreement, the CONTRACTOR shall obtain an inquiry identification number by calling Underground Service Alert (USA) 1 (800) 422-4133 or by such other means as may be required; shall conform to all requirements of Government Code Sections 4215 through 4217 regarding any such pavement resurfacing, displacement or excavation, including the payment of any fees required; and shall facilitate performance by the COUNTY of any obligation required of the COUNTY under said Sections. There shall be no performance under this Agreement by either party unless and until the provisions of such Sections are complied with and the COUNTY Representative is notified regarding the compliance. 4. COUNTY REPRESENTATIVE: The COUNTY Representative referred to in the Contract Documents is Roy Hapeman, Energy Manager. 5. PERFORMANCE OF THE AGREEMENT: After consideration and evaluation of the CONTRACTOR'S proposal, the COUNTY hereby engages the CONTRACTOR to provide the services set forth in RFP # _______ and in this AGREEMENT on the terms and conditions contained herein and in RFP # ________. The intent of this AGREEMENT is to summarize the contractual obligations of the parties. The component parts of this AGREEMENT include the following: RFP # _____ dated ____________, Addendum CONTRACTOR'S Proposal dated ___________________, including all attachments and exhibits, to RFP # ____ Security for CONTRACTOR'S proposal AGREEMENT Payment and Performance Bonds Page 68

RFP# 8517 CALLE REAL PHOTOVOLTAIC PROJECT Certificate of Insurance Additional Insured Endorsements

All of the above-referenced contract documents are intended to be complementary. Work required by one of the abovereferenced contract documents and not by others shall be done as if required by all. In the event of a conflict between or among component parts of the contract, the contract documents shall be construed in the following order: AGREEMENT, General Requirements and General Provisions, CONTRACTOR'S Proposal (with all attachments and exhibits), RFP #8517, Addendum, Contract Security and Bonds, Certificate of Insurance, and Additional Insured Endorsements. 6. SCOPE OF SERVICE RFP# 8517 CALLE REAL PHOTOVOLTAIC PROJECT

7. TERM OF AGREEMENT The initial term shall commence with the signing of the AGREEMENT through and including _____, with the option to extend the AGREEMENT for _______________ additional _________ year periods. The COUNTY is not required to state a reason if it elects not to renew this AGREEMENT. If the COUNTY exercises its option to extend, all applicable parties shall mutually agree upon the extension, including any changes in rate and/or terms and conditions. The COUNTY reserves the right to cancel the AGREEMENT, or any extension of the AGREEMENT, without cause, with a thirty (30) day written notice, or immediately with cause. 8. COMPENSATION AND PAYMENTS It is mutually understood and agreed by both parties that CONTRACTOR shall be compensated under the AGREEMENT in accordance with the PROPOSAL FORM. Prices shall remain firm for the initial term of the AGREEMENT and, thereafter, may be adjusted annually as provided in this paragraph. The COUNTY does not guarantee any minimum or maximum amount of dollars to be spent under this AGREEMENT. Negotiations for rate changes shall be commenced, by CONTRACTOR, a minimum of ninety days (90) prior to the expiration of the AGREEMENT. Invoice amounts shall be billed directly to the ordering department. CONTRACTOR shall reference the AGREEMENT number and RFP # _____ on all invoices submitted to the COUNTY. CONTRACTOR shall submit such invoices periodically or at the completion of services, but in any event, not later than 30 days after completion of services. The invoice shall set forth the amounts claimed by CONTRACTOR for the previous period, together with an itemized basis for the amounts claimed, and such other information pertinent to the invoice. The COUNTY shall certify the invoice, either in the requested amount or in such other amount as the COUNTY approves in conformity with this AGREEMENT, and shall promptly submit such invoice to the COUNTY Auditor-Controller for payment. The COUNTY AuditorController shall pay the amount certified within 30 days of receiving the certified invoice.

7. COMPLIANCE WITH LAW, AMENDMENTS: CONTRACTOR shall keep fully informed of all laws, ordinances and regulations which do or may affect the conduct of the work, the materials used therein or persons engaged or employed thereon and all such orders of bodies and tribunals having any jurisdiction over same. If it be found that the Special Provisions or Standard Specifications for the work conflict with any such law, ordinance or regulation, the CONTRACTOR shall immediately report same to the COUNTY Representative in writing. CONTRACTOR shall at all times observe and comply with and shall cause all agents and employees to observe and comply with all such laws, ordinances, regulations or decrees as the same now exists or may be hereafter amended and all superseding provisions thereof. CONTRACTOR acknowledges, particularly, the provisions of Sections 3196 and Sections 3247 and 3252, inclusive, of the Civil Code of California. CONTRACTOR shall protect and indemnify the COUNTY of Santa Barbara, the Board of Supervisors, the Director of General Services, and/or any officer, agent or employee of the COUNTY against any claims or liability arising from or based on the violation of any such law, ordinance, regulation or decree whether by CONTRACTOR, or a subcontractor, agent or employee.

Page 69

RFP# 8517 CALLE REAL PHOTOVOLTAIC PROJECT 8. PAYMENTS NOT ACCEPTANCE: No certificate given or payments made under this Contract, except the final payment shall be evidence of the performance of this Contract, either wholly or in part, against any claim upon CONTRACTOR. Final payment for the work performed under this Contract shall not be made until the lapse of thirty (30) days after the Notice of Completion of said work has been filed for record and no payment shall be construed to be acceptance of any defective work or improper materials. CONTRACTOR agrees that the payment for final quantities due under this Contract and the payment of amounts due for any work in accordance with any amendments of this Contract, shall release the COUNTY of Santa Barbara from any and all claims or liabilities on account of work performed under this Contract or any amendments thereof. In addition to guarantees required elsewhere, CONTRACTOR shall and does hereby guarantee all workmanship and material to be free of defects and fit for the purposes intended for a period of one year from and after both the date of acceptance of the work and the recordation of the Notice of Completion by the COUNTY, and CONTRACTOR shall repair or replace any or all work and material, together with any other portions of the work which may be displaced in so doing, that in the opinion of the COUNTY Representative, is or becomes defective during the period of said guarantee without expense whatsoever to the COUNTY. 9. PREVAILING WAGE RATES: a. PPA: If the PPA option is selected, the CONTRACTOR has sole contractual responsibility for accomplishing and paying all costs for the design, structural analysis, permitting, structural improvements, installation, operation, maintenance, investor arrangements, and financing of the solar photovoltaic system the use Prevailing Wages for this project is not required. PURCHASE: CONTRACTORs proposing the use of any COUNTY funded expenses for this project, prevailing wages will be required. Prevailing wage rates must be used when proposing direct purchase by the COUNTY. i. Rates of wages, including overtime, holiday and Sunday rates provided for the work are subject to the effect of the California Labor Code, Sections 1770 et. seq. Executive Orders of the President of the United States No. 9240, dated September 9, 1942, and No. 9250, dated October 3, 1942, and to any modifications thereof and to any and all lawful orders of the President or any authorized Federal Officer or agency, insofar as the same may be applicable to this Contract. 10. CONTRACT DOCUMENTS ACKNOWLEDGED: CONTRACTOR hereby declares that he has read the "Contract Documents" pertaining to the work to be accomplished hereunder, has carefully examined the plans and detail drawings of the work to be performed and fully understands the intent and meaning of the same. 11. TIME FOR COMMENCEMENT, COMPLETION: The work to be done under this Agreement shall be completed within «Const_Duration» calendar days after execution of this Agreement. As soon as practicable after the Contract has been executed by both the CONTRACTOR and the COUNTY, a Notice to Proceed will be issued by the COUNTY Representative stating the starting date of the Contract time. The CONTRACTOR shall begin work within fifteen (15) calendar days after receiving the Notice to Proceed, unless otherwise provided. Attention is directed to the provisions of this Agreement pertaining to Liquidated Damages for failure to complete the work within the allowed time. 12. WORKERS' COMPENSATION INSURANCE: CONTRACTOR certifies as to knowledge of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self insurance in accordance with the provisions of that Code. CONTRACTOR will comply with such provisions before commencing the performance of the work of this Contract. 13. PROGRESS PAYMENT NO WAIVER FOR DELAY: Any progress payment made after the scheduled completion date will not constitute a waiver of any liquidated damages heretofore agreed upon as part of this Contract. 14. GUARANTEE BONDS: Before any performance under this Agreement, the CONTRACTOR shall provide the security required by statute for the payment of all workers and suppliers, and security for faithful performance of all Page 70

b.

RFP# 8517 CALLE REAL PHOTOVOLTAIC PROJECT terms and conditions of this Agreement, in an amount and form approved by the COUNTY. Both securities shall contain provisions which automatically increase amounts thereof and/or time of completion or both for all change orders, extensions and additions to the work provided pursuant to this Agreement. 15. NON-DISCRIMINATION: The CONTRACTOR acknowledges that this Agreement is subject to the provisions of Article XIII of Chapter 2 of the Santa Barbara COUNTY Code, providing against discrimination in employment. The CONTRACTOR agrees to perform all requirements of a contractor under the provisions of said Article and to pay all costs occasioned to the COUNTY by any noncompliance by the CONTRACTOR. 16. DISPUTES: Should any dispute arise respecting the construction or meaning of any of the plans or specifications affecting the work or respecting the true value of any extra work or work omitted, the dispute shall be resolved by the Engineer/Architect whose decision shall be final and binding upon the parties. If, after the decision of the Engineer/Architect as provided herein, claims (as defined in Public Contracts Code Section 20104) under this Contract are filed by CONTRACTOR against COUNTY and those claims are in the aggregate amount of $375,000 or less, said claims shall be resolved pursuant to Public Contracts Code Sections 20104 through 20104.8, inclusive. 17. SUBSTITUTION OF MATERIALS, SUBSTITUTION OF CONTRACTORS: The COUNTY Representative is authorized to act on behalf of the awarding authority in any matters requiring consent, notice or hearing in order to substitute materials or equipment specified or to substitute subcontractors. ACCEPTED AND AGREED this ___day of, 2010.

"CONTRACTOR": COMPANY NAME

NAME AND TITLE

Address: COUNTY/State/Zip: License #: IRS#: "COUNTY" COUNTY of Santa Barbara

ATTEST: MICHAEL F. BROWN CLERK OF THE BOARD By: _____________________________________ Deputy Clerk of the Board

By: JANET WOLF, CHAIR BOARD OF SUPERVISORS COUNTY of Santa Barbara

APPROVED AS TO FORM: DENNIS A. MARSHALL, COUNTY COUNSEL By:_____________________________________ Deputy COUNTY Counsel

APPROVED AS TO ACCOUNTING FORM: ROBERT W. GEIS, CPA AUDITOR-CONTROLLER By:_________________________________________ Deputy Auditor-Controller

APPROVED AS TO FORM: RAY AROMATORIO RISK PROGRAM ADMINISTRATOR

By:_______________________________

Page 71

RFP# 8517 CALLE REAL PHOTOVOLTAIC PROJECT PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That the COUNTY of Santa Barbara of the State of California (hereinafter referred to as the COUNTY) and (hereinafter referred to as Principal) have by written agreement dated identified as: Project Title: COUNTY of Santa Barbara RFP# 8517 Calle Real Photovoltaic Project 4434 Calle Real Santa Barbara, CA 93101 Project No 8517 (Hereinafter referred to as the Contract) and That, pursuant to law and to said Contract, and before entering upon the performance of said Contract, the principal is required to file with the COUNTY a good and sufficient bond to secure the payment of labor and materials claims. , entered into a contract

NOW, THEREFORE, said Principal and

as corporate surety (hereinafter referred to as Surety), are held firmly bound unto the COUNTY in the amount of $______________, for the payment of which Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns both jointly and severally. Surety shall be and hereby warrants that it is listed in the Insurance Organizations Authorized by the Insurance Commissioner to Transact Business of Insurance in the State of California during 1995 (including changes effective January 1, 1996) published by the Department of Insurance, State of California or successor publications. THE CONDITION OF THIS OBLIGATION IS SUCH that if said principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named or referred to in Section 3181 of the California Civil Code, or amounts due under Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by Division 3, Part 4, Title XV, Chapter 7 (commencing at Section 3247) of the California Civil Code, or this bond, then said Surety will pay for the same, in an amount not to exceed the amount hereinafter set forth. This bond shall insure to the benefit of any and all persons, entities, companies and corporations named or referred to in Section 3181 of the California Civil Code, so as to give a right of action to them or their assign in any suit brought upon this bond. And the said Surety, for value received, hereby agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under, or the Specifications accompanying the same, shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Specifications.

Page 72

RFP# 8517 CALLE REAL PHOTOVOLTAIC PROJECT In the event suit is brought upon this Bond by COUNTY and judgment is recovered, Surety shall pay all costs incurred by the COUNTY in such suit, including a reasonable attorney's fee to be fixed by the court. Death, illness, disability or disqualification of the Principal shall not relieve Surety of its obligations hereunder.

Principal

Surety

By: Signature of Attorney-in-fact

DATED:

Address

COUNTY, State & Zip Code

Surety's Agent for Service of Process (located within the State of California):

Name of Agent

Address

COUNTY, State & Zip Code

Telephone Number

FAX Number

NOTE: Signature of those executing for Surety must be properly acknowledged.

Page 73

RFP# 8517 CALLE REAL PHOTOVOLTAIC PROJECT PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS:

That the COUNTY of Santa Barbara of the State of California (hereinafter referred to as the COUNTY) and (hereinafter referred to as Principal) have by written agreement dated identified as: COUNTY of Santa Barbara RFP# 8517 Calle Real Photovoltaic Project 4434 Calle Real Santa Barbara, CA 93101 Project No 8517 (Hereinafter referred to as the Contract) and , entered into a contract

That, pursuant to law and to said Contract, and before entering upon the performance of said Contract, the Principal is required under the terms and conditions of said Contract to furnish a bond for the faithful performance of Contract.

NOW, THEREFORE, said Principal and

as corporate surety (hereinafter referred to as Surety), are held firmly bound unto the COUNTY in the amount of $______________, for the payment of which Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns both jointly and severally. Surety shall be and hereby warrants that it is listed in the Insurance Organizations Authorized by the Insurance Commissioner to Transact Business of Insurance in the State of California during 1995 (including changes effective January 1, 1996) published by the Department of Insurance, State of California or successor publications.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his heirs, executors, administrators, successors, or assigns, shall perform all of the covenants, conditions and agreements in said Contract and any alteration thereof made as herein provided, in his or their part, to be kept and performed at the time, and in the manner therein specified, and shall indemnify and save harmless COUNTY, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force, virtue and effect.

And the said Surety, for value received, hereby agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under, or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the Contract or to the work or to the specifications.

Page 74

RFP# 8517 CALLE REAL PHOTOVOLTAIC PROJECT In the event suit is brought upon this Bond by COUNTY and judgment is recovered, Surety shall pay all costs incurred by the COUNTY in such suit, including a reasonable attorney's fee to be fixed by the court.

Death, illness, disability or disqualification of the Principal shall not relieve Surety of its obligations hereunder.

Principal

Surety

By: Signature of Attorney-in-fact

DATED:

Address

COUNTY, State & Zip Code

Surety's Agent for Service of Process (located within the State of California):

Name of Agent

Address

COUNTY, State & Zip Code

Telephone Number

FAX Number

NOTE: Signature of those executing for Surety must be properly acknowledged.

Page 75

RFP# 8517 CALLE REAL PHOTOVOLTAIC PROJECT

CERTIFICATE OF INSURANCE TRANSMITTAL FORM

FOR THE FOLLOWING DESCRIBED PROJECT: COUNTY of Santa Barbara RFP# 8517 Calle Real Photovoltaic Project 4434 Calle Real, Santa Barbara, CA 93101 Project No 8517 CONTRACTOR: Name Address COUNTY, State & Zip Code The successful CONTRACTOR shall furnish satisfactory proof of the maintenance of adequate Worker's Compensation Insurance, and the maintenance of Comprehensive General and Automobile Liability Insurance in the amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate. The COUNTY of Santa Barbara (COUNTY), its officers, employees, and agents shall be named as additional insured on all certificates. A copy of the endorsement evidencing that the COUNTY has been added to the policy must be attached to the certificate of insurance. Said policy or policies shall provide that the COUNTY shall be given thirty (30) days written notice prior to cancellation or expiration of the policy or reduction in coverage. Refer to section 5.18 of the General Conditions. In addition to the above, the following information must appear on the certificates: COUNTY of Santa Barbara RFP# 8517 Calle Real Photovoltaic Project 4434 Calle Real, Santa Barbara, CA 93101 Project No 8517 This form must be attached to all insurance forms sent to the COUNTY of Santa Barbara, General Services Department:

Authorized Insurance Company Representative's Signature This form may be reproduced as required.

Page 76

RFP# 8517 CALLE REAL PHOTOVOLTAIC PROJECT COUNTY OF SANTA BARBARA UNLAWFUL DISCRIMINATION ORDINANCE Section 2-95. Prohibition of unlawful discrimination in employment practices. The COUNTY reserves the right to terminate forthwith each and every written contract and agreement (except purchase orders) respecting real property for goods and/or services entered into by the COUNTY or by its joint powers, agencies, or agents with the consent of the other parties (hereinafter called "CONTRACTOR") including but not limited to concessions, franchises, construction agreements, leases, whether now in effect or hereinafter made if the COUNTY finds that the CONTRACTOR is discriminating or has discriminated against any employee or applicant for employment in violation of any applicable state or federal laws, rules, or regulations which may now or hereafter specifically prohibit such discrimination on such grounds as race, religion, sex, color, national origin, physical or mental handicap when otherwise qualified, Vietnam ear veteran/disabled, age, medical condition, marital status, ancestry, sexual orientation, or other legally protected status. Such finding may only be made after CONTRACTOR has had a full and fair hearing on notice of thirty (30) days before an impartial hearing officer at which hearing CONTRACTOR may introduce evidence, produce witness, and have the opportunity to cross-examine witnesses produced by the COUNTY. Further, any finding of discrimination must be fully supported by the facts developed at such hearing and set forth in a written opinion; and in addition, CONTRACTOR may move in the appropriate court of law for damages and/or to compel specific performance of a CONTRACTOR or agreement if any of the above procedures are not afforded to the CONTRACTOR. If CONTRACTOR is not found to have engaged in unlawful discriminatory practices, COUNTY shall pay all costs and expense of such hearing, including reasonable attorney's fees to CONTRACTOR in accordance with current Santa Barbara COUNTY Superior Court schedule of attorney's fees for civil trials. If CONTRACTOR is found to have engaged in such unlawful discriminatory employment practices, CONTRACTOR shall pay all such costs, expenses, and attorney's fees. Whether or not a contract or agreement is still in existence at the time of final determination of such unlawful discrimination, the CONTRACTOR shall forthwith reimburse COUNTY for all damages directly stemming from such discrimination; however, those damages shall not exceed and are not reimbursable in an amount which exceeds amounts paid CONTRACTOR under the terms of the contract or agreement. Nothing in this Section 2-95 shall directly or by interpretation give a private cause of action to any third party (not a signatory to the contract or agreement) including employees past or present, or applicants for employment to CONTRACTOR, it being the sole purpose of this clause to administratively assure compliance with the nondiscrimination clauses contained herein. Employment practices shall include, but are not limited to employment, promotion, demotion, transfer, recruitment and advertising for recruitment, layoff or other termination, rate of pay, employee benefits, and all other forms of compensation selection for training and apprenticeship and probationary periods. CONTRACTOR shall permit access at all reasonable time and places to all of its records of employment, advertising, application forms, tests, and all other pertinent employment data and records, to the COUNTY, its officers, employees, and agents for the purpose of investigation to ascertain if any unlawful discrimination as described herein has occurred or is being practiced, provided that such records are relevant to a complaint of an unlawful discriminatory practice which has been forwarded to CONTRACTOR reasonably prior to the time CONTRACTOR is asked to make such records available. In addition, all such records shall be deemed "Confidential" by the officers, employees, and agents of the COUNTY. No records or copies of such records may be removed from the premises of CONTRACTOR and no disclosure, oral, or written of such record, may be made to third parties except as provided within the agreement. Provided, however, that in the event of a hearing to determine whether or not CONTRACTOR is engaging in unlawful discrimination in employment practices as defined herein, the Board of Supervisor of Santa Barbara COUNTY may issue subpoenas to require that certified copies of such records be made available to the hearing. Failure to fully comply with any of the foregoing provisions relating to unlawful discrimination in employment practices shall be deemed to be a material breach of any contract or agreement with the COUNTY. All persons contracting with or who have contracts for goods or services with the COUNTY shall be notified that this chapter applied to their contract or agreement with the COUNTY (Ordinance No. 2946, SS1; Ordinance No. 2993, SS1; and Ordinance No. 3018, SS1).

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RFP# 8517 CALLE REAL PHOTOVOLTAIC PROJECT Section 2-95.5. Exceptions. Notwithstanding any other provisions in this article, any party contracting with the COUNTY having an affirmative action program which has been approved within twelve (12) months from the date of the contract by an agency of the federal government shall be deemed to be in compliance with the provisions of this article upon furnishing documentary evidence of such approval satisfactory to the COUNTY affirmative action officer. Loss of such approval shall be immediately reported by such party to the COUNTY affirmative action officer. Section 2-96. Purchase orders. Purchase orders shall contain the following clause as grounds for termination of such purchase orders: "If complaint is made that seller is engaging in discriminatory employment practices made unlawful by applicable state and federal laws, rules, or regulations, and the State Fair Employment Practice Commission or the Federal Equal Employment Opportunities Commission determines that such unlawful discrimination exists, then the COUNTY may forthwith terminate this order." (Ordinance No. 2946, SS 1) Section 2-97. Affirmative action officer. At the discretion of the COUNTY affirmative action officer, he or she shall promptly and thoroughly investigate, or cause to be investigated reports and complaints from whatever source, that any party contracting with the COUNTY is engaging, or during the term of a contract or agreement with the COUNTY has engaged, in any unlawful discriminatory employment practices as described in Section 2-95 of this Code. If the investigation discloses reason to believe such unlawful discrimination does exist or has existed and the conditions giving rise thereto have not been changed so as to prevent further such unlawful discrimination, and the said party shall forthwith terminate such unlawful discrimination, take all appropriate steps to prevent a recurrence of such or other unlawful practices, and compensate the person or persons unlawfully discriminated against for any and all loss incurred by reason of such unlawful discrimination, all to the satisfaction of the affirmative action officer, then the affirmative action officer shall cause the matter to be presented for action to the State Fair Employment Practices Commission or the Federal Equal Employment Opportunities Commission, or both, and to any other concerned state or federal agencies or officers. If and when it has been finally determined by the affirmative action officer, COUNTY counsel, or state or federal regulatory agencies that such unlawful discriminatory employment practice has in fact so occurred or are being carried on, then the affirmative action officer shall forthwith present the entire matter to the Board of Supervisors of the COUNTY, together with all damages, costs, and expense related thereto and incurred by COUNTY, for appropriate action by the Board of Supervisors in accord with the intent and purposes of this article and of the affirmative action program of the COUNTY (Ordinance No. 2946, SS 1).

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RFP# 8517 CALLE REAL PHOTOVOLTAIC PROJECT

DESIGNATION OF SUBCONTRACTORS

The CONTRACTOR agrees if this proposal is accepted, that he will contract with the COUNTY of Santa Barbara to do all work and furnish all labor, materials, machinery, tools and apparatus necessary to completely perform said Contracts in the manner and time prescribed by said Contract.

COUNTY of Santa Barbara RFP# 8517 Calle Real Photovoltaic Project 4434 Calle Real Santa Barbara, CA 93101 RFP Responses Due on October 8, 2010 by 3:00 pm Final Selection for RFP Contract Award on November, 2010

In compliance with the provisions of Section 4100-4107 of the Public Contract Code of the State of California, and any amendments, thereof, the undersigned CONTRACTOR has set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the undersigned in or about the construction of the work to be performed. That portion of the work which will be done by each subcontractor for each subcontract in excess of one-half of one percent of the undersigned's total aggregate proposal shall be listed.

DIVISION OF WORK SUBCONTRACTOR LIC NO. LOCATION

COMPANY:

BY: CONTRACTOR's Signature

NOTE: This form may be reproduced and attached behind this page to list more Subcontractors.

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RFP# 8517 CALLE REAL PHOTOVOLTAIC PROJECT

CERTIFICATE OF COMPLIANCE This is to certify that all requirements for insurance of subcontractors as specified for this project will be met.

Dated

Signature of Principal

Printed Name, Title of Principal

Company

Address

COUNTY, State & Zip

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RFP# 8517 CALLE REAL PHOTOVOLTAIC PROJECT

APPENDIX

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RFP# 8517 CALLE REAL PHOTOVOLTAIC PROJECT

APPENDIX A ­ GEOLOGICAL SOIL SURVEY

Santa Barbara COUNTY assumes no responsibility for the accuracy of this report.

It is advised that the CONTRACTOR performs a soil survey at time of contract award. The following provides general soil survey information for the purpose of this RFP Santa Barbara COUNTY, California, South Coastal Part Map unit symbol Map unit name Rating Acres in AOI See Figure 1 Calle Real Map AgE2 ARNOLD LOAMY SAND, 15 Moderate 9.7 AgF2 SB TO 30 PERCENT SLOPES, ERODED ARNOLD LOAMY SAND, 30 Moderate TO 50 PERCENT SLOPES, ERODED, SANITARY LANDFILL AREAS Totals for Area of Interest 0.2 15.2 Percent of AOI 63.3C 1.5° "Risk of corrosion" pertains to potential soil-induced electrochemical or chemical action that corrodes or weakens concrete. The rate of corrosion of concrete is based mainly on the sulfate and sodium content, texture, moisture content, and acidity of the soil. Special site examination and design may be needed if the combination of factors results in a severe hazard of corrosion. The concrete in installations that intersect soil boundaries or soil layers is more susceptible to corrosion than the concrete in installations that are entirely within one kind of soil or within one soil layer. The risk of corrosion is expressed as "low," "moderate," or "high." Aggregation Method: Dominant Condition Aggregation is the process by which a set of component attribute values is reduced to a single value that represents the map unit as a whole. A map unit is typically composed of one or more "components". A component is either some type of soil or some nonsoil entity, e.g., rocky outcrop. For the attribute being aggregated, the first step of the aggregation process is to derive one attribute value for each of a map unit's components. From this set of component

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RFP# 8517 CALLE REAL PHOTOVOLTAIC PROJECT

APPENDIX B

ACRONYMS AND ABBREVIATIONS AND MORE

Entities mentioned in the report: · SCE: Southern California Edison (Electric Utility Company) · COUNTY: The COUNTY of Santa Barbara Technical measurements and quantities: · AC: Alternating Current, 3 Phase · DC: Direct Current · kW: kilowatt, a measure of instantaneous electricity demand · kWh: kilowatt-hour, the amount of electricity consumed in one hour given 1 kW of sustained, instantaneous demand for that hour · MW: megawatt, which is 1,000 kW · PV: photovoltaic Other: · CEQA: California Environmental Quality Act · CPI: Consumer Price Index · LTSA: Long Term Service Agreement · PPA: Power Purchase Agreement · NPV: net present value · RFP: Request for Proposals · RZFB: Recovery Zone Facility Bonds · CPM: Critical Path Method · OSHA: Occupational Safety and Health Administration · ARRA: American Recovery and Reinvestment Act · CSI: California Solar Initiative · CEC: California Energy Commission · IEEE: Institute of Electrical and Electronics Engineers · ANSI: American National Standards Institute · NEMA: National Electrical Manufacturers Association · FCC: Federal Communications Commission · PTC: PVUsa Test Conditions rating · NREL: National Renewable Energy Laboratories' · DAS: Data Acquisition System

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RFP# 8517 CALLE REAL PHOTOVOLTAIC PROJECT

APPENDIX C

Santa Barbara COUNTY Website:http://www.COUNTYofsb.org/

GENERAL COUNTY PHONE NUMBER - This numbers will reach an automated telephone directory system. (805) 681-4200

Planning and Development

Permit/Planning/Building/Construction information Web Site: http://sbCOUNTYplanning.org/ Hour of operations and more

Main Office - 123 East Anapamu St., Santa Barbara, CA 93101-2058 (Map) Reception (1st floor) | Hours Building & Safety Counter (2nd floor) | Hours Planning / Zoning Counter (2nd floor) | Hours (805) 568-2000 Fax (805) 568-2030 (805) 568-3030 (805) 568-2090

Fire Department

For Information please contact... Fire Headquarters 4410 Cathedral Oaks Road Santa Barbara, CA 93110 (map) (805) 681-5500 (M-F 8AM-5PM) (805) 681-5563 fax

Website: http://www.sbcfire.com/

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RFP# 8517 CALLE REAL PHOTOVOLTAIC PROJECT

APPENDIX D

MANDATORY JOB WALK MAP

A MANDATORY Job Walk of the property located Minimum Security Facility Parking Lot, 4434 Calle Real Santa Barbara, California 93101 will be held on September 14, 2010, at 10:00 AM. Only those CONTRACTORS attending the job walk ON TIME shall be qualified to complete a proposal.

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RFP# 8517 CALLE REAL PHOTOVOLTAIC PROJECT

APPENDIX E METER DATA See attached PDF Account Overview for 009-6373-26

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RFP# 8517 CALLE REAL PHOTOVOLTAIC PROJECT

APPENDIX E: JAIL: REQUEST FOR SECURITY ACCESS

Email : Castaniero, Ben at [email protected]

Santa Barbara County Sheriff's Department Custody Operations

Request for Security Access Authority: Title 15 California Code of Regulations Section 3172 requires the visiting approval application process to include an inquiry of personal, identifying, and the arrest history of the prospective visitor sufficient to complete a criminal records clearance. COMPANY NAME: ____________________________ Full Name___________________________________________________________________ Telephone ________________ Last First Middle Address __________________________________________________ City, State, Zip Code___________________________ Place of Birth ___________________________________________________________ Date of Birth_____________________ Height ________ Weight ________ Hair ________ Eyes________ Occupation ______________________________ Business Address_______________________________________________ Driver's License Number/State___________________________________Social Security Number_______________________ Spouse or Relative______________________________________Relationship_____________ Telephone________________ Address _________________________________________________ City, State, Zip Code____________________________

-----------------------------------------------------------------------------------------A request for security access to the Santa Barbara County Jail can include, but not limited to the following: · · · · · Department of Motor Vehicles/Identification check; Warrants (Wanda) check; NCIC, RMS and SAM Systems check; CLETS Criminal History check; Fingerprint and or Photograph Identification check.

This information is used for security purposes. The Custody Administration Lieutenant will make final authorization for security access. Upon issuance of security clearance, it will be the responsibility of the individual to notify the Custody Administration Lieutenant of any changes. Upon termination/separation from employment, you will return the issued identification badge immediately to the Custody Administration Lieutenant. I authorize the Santa Barbara County Sheriffs Department to conduct a criminal history check for the purposes of security. I have read and understand the above information and agree to submit personal information to obtain security clearance for the purpose listed: (__) Medical Services Employee (__) Inmate Services Volunteer (__) Other: Explain:_______________________________________________________________________________________________ _____________________________________ Date:________________ Applicant's Signature

_________________________________________________________________________________

Access: Approved: (circle one) YES / NO______________________________________________________ Administrative Lieutenant

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RFP# 8517 CALLE REAL PHOTOVOLTAIC PROJECT

Security Access to: (__) Main Jail Facilities (__) Branch Jail Facilities

--End of APPENDIX

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