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Contract - Precision Electric Company
AGREEMENT Solar Photovoltaic System at CMSD HQ This Agreement(hereinafter referred to as"AGREEMENT") is made and entered into this 22"d day of March, 2018, by and between the COSTA MESA SANITARY DISTRICT, hereinafter referred to as "DISTRICT," and Precision Electric Company, hereinafter referred to as "CONTRACTOR." WITNESSETH That for and in consideration of the promises and agreements hereinafter made and exchanged, DISTRICT and CONTRACTOR mutually agree as follows: • SCOPE OF THE WORK AND CONTRACT SUM Scope of the Work. CONTRACTOR shall perform all the work and shall provide and furnish all labor, materials, tools, expendable equipment, and utility and transportation services required to procure and install a solar photovoltaic system at headquarters,as described in Exhibit "A"attached hereto(hereinafter referred to as"PROJECT"). This project has been registered with the Department of Industrial Relations using form PWC-100 pursuant to Labor Code section 1773.3. 1. Labor and Materials. All of said work to be performed and materials to be furnished shall be in strict accordance with the plans and specifications entitled Solar Photovoltaic System at CMSD Headquarters, and CONTRACTOR agrees to do everything required by this AGREEMENT, the plans and specifications, and the CONTRACT DOCUMENTS. All labor, materials, tools, equipment, and services shall be performed under the direction and administration of, and subject to the approval of, DISTRICT or its authorized representatives. 2. Contract Sum. DISTRICT agrees to pay, and CONTRACTOR agrees to accept in full payment for the work above agreed to be done,the sum of one hundred fifty six thousand five hundred dollars and no cents($156,500.00). NOTICE TO PROCEED AND TIMING 3. Notice to Proceed. No work, services, material, or equipment shall be performed or furnished under this AGREEMENT unless and until a "Notice to Proceed" has been given to CONTRACTOR by DISTRICT and all bonds and certificates of insurance required pursuant hereto have been furnished to and approved by DISTRICT. 4. Time of Completion. CONTRACTOR agrees to commence the work to be performed under this AGREEMENT on the start of the construction date specified in the "Notice To Proceed" and to diligently prosecute the work to completion by the completion date specified in the Notice to Proceed, which the parties agree is 1 ZO WORKING DAYS. 5. Time of the Essence. Time is of the essence of this AGREEMENT. 6. Liquidated Damages/Additional Actual Damages. It is agreed by the parties hereto that, in case the total work called for hereunder in all parts and requirements is not finished or completed within the number of working days as set forth herein, damage will be sustained by the DISTRICT and that it is and will be impractical and extremely difficult to ascertain and HGSD 2016 CIP A-1 Agreement determine the actual damage which the DISTRICT will sustain in the event of and by reason of such delay. It is therefore agreed the CONTRACTOR will pay to the DISTRICT the sum of Two Hundred Fifty Dollars ($250.00) per working day for each and every day of delay in finishing the work in excess of the number of days prescribed in Section 4, and the CONTRACTOR agrees to pay said liquidated damages herein provided for and further agrees that the DISTRICT may deduct the amount thereof from any monies due or that may become due the CONTRACTOR hereunder. Liquidated damages shall be a measurement of the sum to compensate the public q 9 P for inconvenience from not having the work completed on time and the cost of DISTRICT staff to monitor the job beyond the completion date. DISTRICT shall further be entitled to recover its additional actual damages incurred which shall be supplemental to the liquidated damages. Provided strict compliance with Section 21 below is effected, the CONTRACTOR will be granted an extension of time and will not be assessed with liquidated damages for any portion of the delay in completion of the work beyond the time named herein due to unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strike, and unsuitable weather, or delays of subcontractors due to such causes. JOB PROGRESS AND COOPERATION 7. Job Progress. CONTRACTOR agrees to maintain a realistic critical path analysis throughout the project. CONTRACTOR agrees to meet with DISTRICT's PROJECT MANAGER or designee on a weekly or other periodic basis, or as requested by DISTRICT to review job progress. "PROJECT MANAGER" for purposes of this AGREEMENT shall be the District Engineer or such designee as has been given the authority for this PROJECT in a written designation. CONTRACTOR agrees to provide DISTRICT with critical path analysis documentation whenever job progress is impacted so that the completion date may be affected or whenever delays or other impacts may give rise to CONTRACTOR's claim for additional days or additional damages. Delay and other claims of damages based on CONTRACTOR's planned early completion are prohibited. 8. Cooperation. CONTRACTOR agrees to cooperate with DISTRICT's PROJECT MANAGER or designee and to provide submittals and participate in meetings in a good faith effort to complete the PROJECT. If disagreements arise, CONTRACTOR agrees to document the disagreement in accordance with these AGREEMENT provisions and provide DISTRICT with early notice of the same for later resolution but shall continue to cooperate and prosecute the work to completion in a diligent manner. Nothing herein shall excuse CONTRACTOR's strict compliance with Section 21 if additional time or money is sought. 9. CONTRACTOR's Independent Investigation. (a) No plea of ignorance of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this AGREEMENT, as a result of failure to make the necessary independent examinations and investigations and no plea of reliance on initial investigations or reports prepared by DISTRICT for purposes of letting this AGREEMENT out to bid will be accepted as an excuse for any failure or omission on the part of the CONTRACTOR to fulfill in every detail all requirements of said AGREEMENT, specifications, and plans, nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time except as provided in Section 21 of this AGREEMENT. HGSD 2016 CIP A-2 Agreement (b) Except as specifically provided in the CONTRACT DOCUMENTS, information provided for purposes of bidding do not represent"conditions indicated" as being in existence and are provided for the convenience of the CONTRACTOR in making its own investigation. LABOR, WAGE, AND HOURS LAWS 10. Public Work. Notice is provided pursuant to Labor Code Section 1781 that this is a "public work" as defined in Chapter 1, Part 7, Division 2 of the Labor Code, to which Section 1771 applies. CONTRACTOR shall pay prevailing wages, unless exempt. 11. Contractor/Subcontractors Registered. Contractor and all subcontractors are registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 and paid its annual fee. 12. Prevailing Wage Rates. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages can be found at http://www.dir.ca.qov/OPRL/PWD/index.htm and are on file at the DISTRICT, which shall be made available to any interested party upon request. CONTRACTOR shall post a copy of the determination of the director of the prevailing rate of per diem wages at each job site. Said per diem wages are deemed to include employer payments for health and welfare, pension, vacation and travel time, and subsistence pay, all in accordance with Section 1773.1 of the Labor Code. 13. Payroll Records/ Electronic Records. (a) The provisions of Section 1776 of the Labor Code regarding the preparation, maintenance, and filing of payroll records are applicable to this AGREEMENT. Each contractor and subcontractor shall keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or contain the same information. THE CONTRACTOR'S AND SUBCONTRACTOR'S PAYROLL RECORDS SHALL BE SUBMITTED TO DISTRICT ON A WEEKLY BASIS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUBCONTRACTOR'S PAYROLL RECORDS. Additionally, CONTRACTOR or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in Section 1776, subdivision (a), of the Labor Code. In the event that CONTRACTOR or subcontractor fails to comply within the 10- day period, he or she shall, as a penalty to DISTRICT, forfeit One Hundred Dollars ($100.00)for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. DISTRICT may deduct this penalty from any monies due or that may become due CONTRACTOR under this AGREEMENT. (b) Contractor shall submit electronic payment records to the Department of Industrial Relations. 14. Penalty. CONTRACTOR and any subcontractor under CONTRACTOR shall, as a penalty to DISTRICT, forfeit not more than Two Hundred Dollars ($200.00) for each calendar day,or portion thereof,for each worker paid(either by CONTRACTOR or any subcontractor under CONTRACTOR) less than the prevailing rate set forth herein on the work provided for in this AGREEMENT. DISTRICT may deduct the penalty from any monies due or that may become due CONTRACTOR under this AGREEMENT. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker HGSD 2016 CIP A-3 Agreement was paid less than the prevailing wage rate shall also be paid to each worker by CONTRACTOR or subcontractor, in accordance with Section 1775 of the Labor Code of the State of California. 15. Apprentices. If applicable, the provisions of Labor Code Section 1777.5 requiring the use of apprentices in certain ratios to journeymen on the PROJECT are hereby imposed upon CONTRACTOR. 16. Legal Day's Work. In the performance of this AGREEMENT, not more than eight (8) hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in Labor Code Section 1815. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7(Sections 1810 et seq.),of the Labor Code of the State of California,and it is agreed that the CONTRACTOR shall forfeit to the DISTRICT as a penalty the sum of Twenty-Five Dollars($25.00)for each worker employed in the execution of this AGREEMENT by the CONTRACTOR or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) week in violation of said article. DISTRICT may deduct this penalty from any sums owed pursuant to this AGREEMENT. PROGRESS PAYMENTS AND RETENTION 18. Progress Payments. Pursuant to Public Contract Code Section 7201, prior to the fifteenth (15th) day of the month next following the commencement of the work, there shall be paid to CONTRACTOR a sum equal to ninety-five percent (95%) of the value of the work completed since the commencement of the work as determined by DISTRICT and thereafter prior to the fifteenth (15th) day of each successive month as the work progresses. CONTRACTOR shall be paid such sum as will bring the payments up each month to ninety-five percent(95%) of the value of the work completed since the commencement of the work as determined by DISTRICT, less all previous payments and authorized deductions, provided that CONTRACTOR submits his request for payment prior to the last Wednesday of each preceding month. Pursuant to Public Contract Code 7107, DISTRICT shall make the final payment, if unencumbered, or any part thereof unencumbered, within sixty (60) days after the date of completion. Notwithstanding the foregoing, CONTRACTOR shall provide DISTRICT with all documentation required by this AGREEMENT, including the Final Closeout Agreement and Release of All Claims, as well as any other documents required by the CONTRACT DOCUMENTS such as as-builts, red-line plans, manufacturers and specific guarantees, and owner's manuals prior to receiving final payment. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the Project Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the AGREEMENT, and that the amount stated in the certificate is due under the terms of the AGREEMENT. Partial payments on the AGREEMENTrice shall not be considered as an acceptance of anypart of the work. Nothing P herein shall limit DI TRI T s right to withhold one hundred fifty percent (150%)) of disputed amounts in the event of a good faith dispute. 19. Prompt Payments. DISTRICT agrees to promptly make progress payments on undisputed and properly submitted payment requests within thirty (30) days and to comply with the provisions of Public Contract Code Section 20104.50. 20. Retention Securities. Pursuant to California Public Contract Code Section 22300, CONTRACTOR will be entitled to post approved securities with the DISTRICT or an approved financial institution in order to have the DISTRICT release funds retained by the DISTRICT to insure performance of the AGREEMENT. HGSD 2016 CIP A-4 Agreement CHANGE ORDERS/EXTRA TIME/EXTRA WORK 21. Request for Extra Time or Additional Compensation. The following provisions must be strictly complied with to obtain additional time to complete the job or to obtain additional compensation: (a) Request for Change Order—Additional Time. The CONTRACTOR shall promptly notify the DISTRICT of any delay and shall, within ten (10) days from the beginning of any such delay, notify the DISTRICT in writing of the cause of the delay, and the DISTRICT shall extend the time for completing the work if in its judgment the cause so merits. The DISTRICT's determination on this matter shall be final and conclusive on the parties hereto. CONTRACTOR shall be required to submit a Request for Change Order, as set forth in this AGREEMENT, to the DISTRICT'S PROJECT MANAGER within ten (10) days of the beginning of such a delay. No adjustment shall be allowed for such delay unless there is strict compliance with this contractual provision. CONTRACTOR's remedy shall be limited to the extra days granted and to any damages that it may be entitled to using the formula agreed to by the parties for all damages as provided in Section 22. (b) Request for Change Order—Additional Compensation Sought. (i) Should CONTRACTOR claim that the DISTRICT is demanding extra work from it or consider any work demanded of it to be outside the requirements of this AGREEMENT or if it considers any instruction, ruling, or decision of the PROJECT MANAGER to be unfair, he shall within ten (10) days after any such demand is made, or instruction, ruling, or decision is given,file a written protest with the PROJECT MANAGER stating clearly and in detail his objections and the reasons therefor. Except for such protests and objections as are made of record, in the manner and within the time above stated, the CONTRACTOR shall be deemed to have waived, and does hereby waive, all claims for extra work, damages, and extensions of time on account of demands, instructions, rulings, and decisions of the District Engineer. (ii) Should CONTRACTOR claim that additional compensation is due it because of an unforeseen condition, CONTRACTOR shall bring that to DISTRICT's attention promptly and within ten (10) days and shall submit a written request for change order within ten (10) days to DISTRICT. (c) Request for Change Order— DISTRICT Form to Be Used. DISTRICT's Request for Change Order form, part is attached hereto as of this AGREEMENT, shall be the form that must be submitted in a timely fashion for a request for either additional time or additional compensation. By initialing, the CONTRACTOR specifically agrees to use said form for those purposes and understands that, if he does not submit that form in a timely manner, he waives the right to request additional time or compensation. No oral modifications or other forms of communication shall be accepted as compliance with this provision. The written reque or change order requirement cannot be waived. Contractor's Initials (d) Change Order. Should DISTRICT agree that a change order is warranted for either additional time or compensation, a written change order shall be executed. If DISTRICT does not agree to the change order, and CONTRACTOR has provided timely notices and HGSD 2016 CIP A-5 Agreement submitted its written request for change order in a timely manner and on the proper form, CONTRACTOR will have preserved the issue for later resolution in compliance with other procedures set forth in this AGREEMENT or as the law may otherwise allow. (e) Change Order Authority. The following authority is given to approve Change Orders: (i) Change Orders for Extra Time. The District Manager shall have the authority to grant extra days without limit. (ii) Change Orders for Extra Compensation. The District Manager shall have the authority to make change orders up to an aggregate amount of Ten Percent(10%) of the original contract amount or Fifteen Thousand Dollars ($15,000), whichever is greater. 22. Damages / Extra Work Compensation. The parties have agreed to modify the formula for damages set forth in the Standard Specifications for Public Works Construction. The parties agree that the following damage formula shall be used to measure all of CONTRACTOR's damages or extra work required by this PROJECT. CONTRACTOR shall be limited to the following: Direct costs Mark-up Labor 20% 1 Materials 15% Equipment Rental 15% Other Items 15% Subcontracted work 10% (first $5,000) Subcontracted work 5% (work in excess of first$5,000) Specialty Subcontracting (required by extra work) 5% (Provided at least three (3) competitive bids are obtained and CONTRACTOR selected the lowest bidder) Excluded from recovery shall be so-called "Eichleay damages," including, but not limited to, home office overhead, insurance and bonding costs, lost bonding capacity, lost profits, and lost interest. CONTRACTOR acknowledges that his recovery for damages or extra work is limited as provided in this Section. Contractor's Initials HGSD 2016 CIP A-6 Agreement SUBCONTRACTING 23. Subcontracting. CONTRACTOR acknowledges that he or she is aware of the provisions of the "Subletting and Subcontracting Fair Practices Act" (Public Contract Code Sections 4100 et seq.) and agrees to comply with all applicable provisions thereof. If any part of the work to be done under this AGREEMENT is subcontracted, the subcontract shall be in writing and shall provide that all work to be performed thereunder shall be performed in accordance with this AGREEMENT. Upon request, certified copies of any or all subcontracts shall be furnished to DISTRICT. The subcontracting of any or all of the work to be done will in no way relieve CONTRACTOR of any presponsibility of his res onsibilit under the AGREEMENT. Pursuant to Public Contract Code Section 4110, CONTRACTOR's violation of any of the provisions of the Subletting and SubcontractingFair Practices Act violates this AGREEMENT, and DISTRICT maycancel this AGREEMENT or assess CONTRACTOR a penalty of not more than 10 percent (10%) of the subcontract involved. DISTRICT may deduct this penalty from any monies due or that may become due to CONTRACTOR for work performed under this AGREEMENT. All persons engaged in the work, including subcontractors, will be considered as employees of CONTRACTOR. CONTRACTOR will be held responsible for their work. DISTRICT will deal directly with and make all payments to CONTRACTOR. STOP NOTICES 24. Additional Costs. Pursuant to Civil Code Section 9358, upon receipt of a stop notice, DISTRICT shall withhold from payment to CONTRACTOR sufficient funds due, or to become due, to pay the claim stated in the stop notice and provide for DISTRICT's reasonable costs of litigation. One hundred twenty-five percent (125%) of the amount of the claim stated in the stop notice shall be a reasonable amount to withhold. In addition to the remedies authorized by law, CONTRACTOR shall reimburse DISTRICT for administrative expenses incurred in processing Notices to Withhold, Stop Notices, or similar legal documents arising out of a failure of CONTRACTOR to pay for labor or materials. Said obligation shall be provided for in CONTRACTOR's payment bond. DISTRICT shall have the right to deduct any such expenses from amounts due or to become due to CONTRACTOR under this AGREEMENT. COMPLETION 25. CONTRACTOR'S Waiver. CONTRACTOR agrees to execute a Final Close Out Agreement and Release of All Claims on DISTRICT's form (attached). The execution by CONTRACTOR of the Final Close Out Agreement and Release of All Claims shall constitute a waiver of all claims against DISTRICT under or arising out of this AGREEMENT unless otherwise stated in said document. 26. Guarantees. CONTRACTOR shall, and hereby does, guarantee all work for a period of one (1) year after the date of acceptance of the work by the DISTRICT and shall repair and replace any and all such work, together with any other work which may be displaced in so doing, that may prove defective in workmanship and/or materials within the one (1) year period from date of acceptance, without expense whatsoever to the DISTRICT, ordinary wear and tear and usual abuse or neglect excepted. In the event of failure to comply with the aforementioned conditions within five (5) days after being notified in writing, the DISTRICT is hereby authorized to proceed to have the defects repaired and made good at the expense of the CONTRACTOR, who shall pay the cost and charges therefor immediately on demand. This guarantee shall be in addition to any manufacturer or specific guarantees that may be required. CONTRACTOR shall HGSD 2016 CIP A-7 Agreement provide those manufacturer and specific guarantees before CONTRACTOR may claim entitlement to final payment. INDEMNIFICATION 27. Indemnity. CONTRACTOR shall indemnify, defend with legal counsel approved by DISTRICT,and hold harmless DISTRICT, and its officers,officials,employees, and volunteers, from and against all liability, loss, damage, expense, and cost (including without limitation reasonable legal counsel fees, expert fees, and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this AGREEMENT, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the DISTRICT. Should conflict of interest principles preclude a single legal counsel from representing both DISTRICT and CONTRACTOR, or should DISTRICT otherwise find CONTRACTOR's legal counsel unacceptable, then CONTRACTOR shall reimburse the DISTRICT its costs of defense, including without limitation reasonable legal counsel fees, expert fees, and all other costs and fees of litigation. The r against shall promptly pay any final judgment rendered aga st the DISTRICT and its officers, officials, employees, and volunteers with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR's negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this AGREEMENT. CONTRACTOR's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense,judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of DISTRICT under any provision of this AGREEMENT, CONTRACTOR shall not be required to indemnify and hold harmless DISTRICT for liability attributable to the active negligence of DISTRICT, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where DISTRICT is shown to have been actively negligent and where DISTRICT's active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of DISTRICT. Notwithstanding any limits provided for indemnification, CONTRACTOR's duty to defend is broader. CONTRACTOR agrees to provide DISTRICT with a defense,with counsel reasonably acceptable to DISTRICT, or pay DISTRICT's costs of defense upon service of any complaint, petition or other pleading that requires DISTRICT to defend itself in any proceeding arising out of the work described in this AGREEMENT. Said obligation shall not extend to disputes between CONTRACTOR and DISTRICT. INSURANCE 28. Insurance. Without limiting CONTRACTOR's indemnification of DISTRICT, and prior to commencement of work, CONTRACTOR shall obtain, provide, and maintain at its own expense during the term of this AGREEMENT policies of insurance of the types and amounts described below and in a form satisfactory to DISTRICT. General liability insurance. CONTRACTOR shall maintain commercial general liability HGSD 2016 CIP A-8 Agreement insurance with coverage at least as broad as Insurance Services Office Form CG 00 01, in an amount not less than $1,000,000.00 per occurrence, $2,000,000.00 general aggregate,for bodily injury, personal injury, and property damage, including, without limitation, blanket contractual liability, and a $2,000,000.00 completed operations aggregate. Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office Form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than$1,000,000.00 combined single limit for each accident. Umbrella orexcess liabilityinsurance. CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than $4,000,000.00 that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form"to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. Workers' compensation insurance. CONTRACTOR shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least$1,000,000.00)for CONTRACTOR's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 of the Labor Code, for all of the subcontractor's employees. CONTRACTOR shall submit to DISTRICT, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of DISTRICT and its officers, agents, employees, and volunteers. Builder's risk insurance. Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain builder's risk insurance as specified below. The named insureds shall be CONTRACTOR, all subcontractors (excluding those solely responsible for design work)of any tier, suppliers, and CITY and its officers, officials, employees, and agents. CONTRACTOR shall not be required to maintain property insurance for any portion of the PROJECT following transfer of control thereof to CITY. Policy shall be provided for replacement value on an "all risk" basis. There shall be no coinsurance penalty provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, or omission or deficiency in design or specifications; (2)coverage against machinery accidents and operational testing; (3)coverage for removal of debris and insuring the buildings, structures, machinery, equipment, materials, HGSD 2016 CIP A-9 Agreement facilities,fixtures,and all other properties constituting a part of the PROJECT;(4)transit coverage, including ocean marine coverage (unless insured by the supplier), with sub-limits sufficient to insure the full replacement value of any key equipment item; and (5) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the site. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sub-limits. Proof of insurance. CONTRACTOR shall provide certificates of insurance to DISTRICT as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by DISTRICT's risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with DISTRICT at all times during the term of this AGREEMENT. DISTRICT reserves the right to require complete, certified copies of all required insurance policies at any time. Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property,which may arise from or in connection with the performance of the work hereunder by CONTRACTOR or his agents, representatives, employees, or subcontractors. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. DISTRICT and its officers, officials, employees, and agents shall continue as additional insureds under such policies. DISTRICT's rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these requirements or is canceled and not replaced, DISTRICT has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by DISTRICT will be promptly reimbursed by CONTRACTOR or DISTRICT will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, DISTRICT may cancel this AGREEMENT. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California,with an assigned policyholders' Rating of A-(or higher)and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the DISTRICT's Counsel. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against DISTRICT and its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against DISTRICT and shall require similar written express waivers and insurance clauses from each of its subconsultants. Enforcement of AGREEMENT provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the DISTRICT to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the DISTRICT, nor does it waive any rights hereunder. Ilj Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, HGSD 2016 CIP A-10 Agreement or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide DISTRICT with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional insured status. General liability policies shall provide or be endorsed to provide that DISTRICT and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability policies. DISTRICT's right to revise requirements. The DISTRICT reserves the right, at any time during the term of the AGREEMENT, to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90)-day advance written notice of such change. If such change results in additional cost to the CONTRACTOR, the DISTRICT and CONTRACTOR will renegotiate CONTRACTOR's compensation. Self-insured retentions. Any self-insured retentions must be declared to and approved by DISTRICT. DISTRICT reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by DISTRICT. Timely notice of claims. CONTRACTOR shall give DISTRICT prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR's performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies. Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance which in his/her/its own judgment may be necessary for its proper protection and prosecution of the work. 29. Workers' Compensation. A. CONTRACTOR shall carry Workers' Compensation Insurance, and require all subcontractors to carry Workers' Compensation Insurance, as required by the Labor Code of the State of California. CONTRACTOR, by executing this AGREEMENT, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this AGREEMENT." B. CONTRACTOR acknowledges that it is unlawful and a crime to intentionally make false statements about employees that misclassify their job duties to obtain lesser premium costs or for other improper purposes. CONTRACTOR agrees that if it makes false statements about its employees for the purpose of obtaining lower workers' compensation premiums or for other unlawful purposes, it shall be considered a material breach of this AGREEMENT. HGSD 2016 CIP A-11 Agreement 30. Bonds. Within the time period set forth in the CONTRACT DOCUMENTS and prior to commencing the work on the PROJECT, the CONTRACTOR shall file with the DISTRICT a good and sufficient labor and material payment bond (Payment Bond)and a performance bond 0 in theamount of one hundredpercent 100/o of the Contract Sum covering (Performance Bond) ( ) performance of the work other than the professional design services portion of the work. The Performance Bond and Payment Bond shall be in the form required by the CONTRACT DOCUMENTS. The amounts of the Payment Bond and Performance Bond shall be increased as, when, and in the amount of any Change Orders that are executed increasing the Contract Sum, the CONTRACTOR shall, upon request by the DISTRICT, provide evidence of such increases. Should the Payment Bond or Performance Bond or any Surety on such bond become or be determined bythe DISTRICT to be insufficient, it shall be replaced within ten (10) days p Y by a bond that fully complies with the requirements of this Section. No further payments to the CONTRACTOR for the work performed shall be made or due until the CONTRACTOR has fully complied with the requirements of this Section. Duration. The Payment Bond shall remain in effect until acceptance of the work by the DISTRICT and payment of all stop notices and claims by the CONTRACTOR or the subcontractors, of any tier, have been satisfied. The Performance Bond shall remain in effect and assure faithful performance of all the CONTRACTOR's obligations under the CONTRACT DOCUMENTS, including, without limitation, all obligations that survive final completion or termination,such as, but not limited to, CONTRACTOR's warranty, commissioning, and indemnity obligations. Surety. At the time the AGREEMENT is signed, and at all times thereafter until final payment has been made by the DISTRICT,the Surety on the Payment Bond shall be an Admitted Surety, and the Surety on the Performance Bond shall be a licensed Surety in good standing with the California Department of Insurance and have an A.M. Best's Insurance Rating of not less than A-: VI. Premiums. The premiums for all bonds are included in the Contract Sum and shall be paid by the CONTRACTOR. Obligee. The Payment Bond and Performance Bond shall each name the DISTRICT as obligee. All bonds purchased by the subcontractors shall name the CONTRACTOR and the DISTRICT as dual obligees. No exoneration. Changes, Change Orders, Unilateral Change Orders, Field Orders, modifications, and adjustments to the Contract Sum or completion date shall in no way release or exonerate the CONTRACTOR or its Surety from their obligations, and notice thereof shall be waived by the Surety. The foregoing provision shall be included in the terms of the Payment Bond, Performance Bond, and any bonds obtained by the subcontractors. Communications. The DISTRICT shall have the right to communicate with the CONTRACTOR's Sureties with respect to matters that are related to the CONTRACTOR's performance of its obligations under the CONTRACT DOCUMENTS. CONTRACTOR shall be provided with a copy of all such written communications. Such communications shall not create, or be interpreted as creating, any contractual relationship between the DISTRICT and the Surety. No limitation. The requirements of this Section pertaining to the Performance Bond and the Payment Bond shall be without limitation to any other obligations the CONTRACTOR may HGSD 2016 CIP A-12 Agreement have under applicable law to provide bonding for the benefit of and to assure payment to the subcontractors or subconsultants performing the work for the PROJECT. TERMINATION 31. Termination. A. If CONTRACTOR should fail to comply with any of the provisions hereof, in the event CONTRACTOR should become the subject of a proceeding under state or federal law for relief of debtors,or if CONTRACTOR makes an assignment for the benefit of creditors, DISTRICT shall have the right to hold CONTRACTOR in default and cancel this AGREEMENT in whole or in part. B. Should CONTRACTOR, at any time during the progress of the work, refuse or neglect to supply sufficient material or labor, or fail in compliance with any provision of this AGREEMENT, DISTRICT shall have the right, without prejudice to any other right or remedy it may have, to provide such materials and labor, or make good such deficiencies as DISTRICT may deem expedient after three (3) day notice in writing, delivered or mailed to CONTRACTOR at his last address on file with DISTRICT, and CONTRACTOR shall be liable for the cost and expense thereof which may be deducted by DISTRICT from any money due or that may become due CONTRACTOR. C. Without limiting any rights which DISTRICT may have by reason of any default by CONTRACTOR hereunder, DISTRICT reserves the right to terminate this AGREEMENT in whole or in part at its convenience. In such event DISTRICT shall compensate CONTRACTOR, subject to deduction for previous payments and authorized deductions, by: (i) reimbursing CONTRACTOR for all actual expenditures and costs incurred in performing under this AGREEMENT, (ii) reimbursing CONTRACTOR for all expenditures made and costs incurred with DISTRICT's prior written approval in settling or discharging outstanding commitments entered into by CONTRACTOR in performing under this AGREEMENT, and (iii) paying CONTRACTOR as a profit, insofar as a profit is realized hereunder, an amount equal to the profit on the entire AGREEMENT estimated at the time of termination, multiplied by the percentage of completion of the work. In no event, however, will the compensation to CONTRACTOR exceed the total AGREEMENT price less payments previously made and less the AGREEMENT price of work not terminated. Upon receipt of any notice of termination, CONTRACTOR shall, unless the notice otherwise directs, (i) immediately discontinue the work and the placing of all orders and subcontracts in connection with this AGREEMENT, (ii) immediately cancel all existing orders and subcontracts made hereunder, and (iii) immediately transfer to DISTRICT all materials, supplies, work-in-process, appliances, facilities, equipment, machinery, and tools acquired by CONTRACTOR in connection with the performance of this AGREEMENT. CLAIM RESOLUTION 32. Resolution of Claims. For all claims that are Three Hundred Seventy-Five Thousand Dollars($375,000.00)or less, the provisions of Public Contracts Code Sections 20104 et seq. (Article 1.5 - Resolution of Construction Claims) shall be followed. For claims for money or time submitted pursuant to Public Contract Code 9204,the provisions of that section shall apply and a meet and confer process, followed by nonbinding mediation, shall occur. 33. Notice to Contractor of Claims. DISTRICT shall provide notice to CONTRACTOR upon receipt of any third-party claim related to the AGREEMENT. HGSD 2016 CIP A-13 Agreement CONTRACT DOCUMENTS AND INTERPRETATION 34. (a)Other Documents Included. It is further agreed by the parties hereto that the following documents are incorporated herein by reference and are to be read and construed together as the full, complete, and integrated terms of this AGREEMENT and, collectively with this AGREEMENT, may be referred to as the CONTRACT DOCUMENTS: A. Notice Inviting Bids B. Instructions to Bidders C. Proposal D. Scope of Work E. District Request for Change Order/Change Order F. Notice to Proceed G. Labor and Materials Bond H. Performance Bond I. Final Closeout Agreement J. Plan Drawings (Solar Photovoltaic System at CMSD HQ) (b) Interpretation of Incorporated Documents. In the event of any conflict, inconsistency or incongruity between the provisions of this AGREEMENT and the provisions of any document listed in Subsection (a) above, the provisions of this AGREEMENT shall prevail unless a contrary intent is shown. This AGREEMENT shall be interpreted as though it had been drafted by the DISTRICT and the CONTRACTOR equally. This AGREEMENT shall be interpreted according to the laws of the State of California. 35. Integration/No Oral Modifications. This AGREEMENT integrates all understandings of the parties. Any amendment to this AGREEMENT must be made in writing and signed by the parties with legal authority to execute the same. CONTRACTOR is aware that DISTRICT is a special district and that, pursuant to Health and Safety Code Section 6487,contract amendments may only be entered into by compliance with those formalities. Notwithstanding the above, requests for additional time or compensation may be made by following the procedures provided for in this AGREEMENT. 36. Effect of Invalidity. The invalidity in whole or in part of any provisions hereof shall not affect the validity of any other provision. MISCELLANEOUS 37. Discrimination, Minorities, Aliens. The CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin, or sex. CONTRACTOR shall take affirmative steps to hire qualified minority individuals when job opportunities occur and utilize local business firms when possible and when consistent with California Constitution Article 1, Section 31 (a) [Proposition 209]. 38. Equal Employment Opportunity. CONTRACTOR shall comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity" and amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (41 CFR part 60). HGSD 2016 CIP A-14 Agreement 39. Drug-Free Work. CONTRACTOR agrees to provide a drug-free workplace in accordance with 24 CFR part 24, sub-part F. Under 24 CFR part 24, sub-part F, the CONTRACTOR will provide certification in writing that it will provide a drug-free workplace by: (a) Publicizing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace, and specifying the action it will take against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about: 1. Degrees of drug abuse in the workplace; 2. The policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; and 4. The penalties which may be imposed on employees for drug abuse violations occurring in the workplace. (c) Making it a requirement that every employee to be engaged in the performance of the AGREEMENT be given a copy of the statement required by Subsection (a); (d) Notifying employees in the statement required by Subsection(a)that as a condition of employment under the AGREEMENT the employee will: 1. Abide by the term of the statement; and 2. Notify the employer in writing of any conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction. (e) Notifying DISTRICT in writing within ten (10) calendar days after receiving notice under Subsection (d)(2)from an employee or otherwise receiving actual notice of such conviction. Employer of said convicted employee must provide notice, including conviction title, to the DISTRICT; (f) Taking one of the following actions, within thirty (30) calendar days of receiving notice under Subsection (d)(2), with respect to any employee who is so convicted: 1. Taking appropriate action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of Sections (a), (b), (c), (d), (e), and (f). 40. Permits. The CONTRACTOR shall obtain from the DISTRICT, County, City, State, or other responsible public agencies all licenses and permits, and pay all fees related thereto, necessary to complete the job. 41. Assignment. No assignment by the CONTRACTOR of this AGREEMENT or any HGSD 2016 CIP A-15 Agreement part hereof, or of funds to be received hereunder, will be recognized by the DISTRICT unless such assignment has had prior written approval and consent of the DISTRICT and the Surety. 42. Safety and Site Condition. CONTRACTOR shall perform all operations with due regard for safety and in strict compliance with all applicable laws relating thereto. It shall be CONTRACTOR's responsibility to keep the site in a clean, neat, and orderly condition. It shall also be CONTRACTOR's duty to dust-palliate all working areas and access routes, if applicable. All operations shall be conducted by CONTRACTOR so that no fire hazards are created. 43. Utility Location. DISTRICT acknowledges its responsibilities with respect to locating facilities pursuant to California Government Code Section 4215. 44. Trenching. If this AGREEMENT involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the DISTRICT in writing, of any: (a) Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code,that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law. (b) Subsurface or latent physical conditions at the site differing from those indicated. (c) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the AGREEMENT. The DISTRICT shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR's cost of, or the time required for, performance of any part of the work shall issue a change order in accordance with the procedures described in this AGREEMENT. In the event that a dispute arises between the DISTRICT and the CONTRACTOR as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR's cost of, or time required for, performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the AGREEMENT but shall proceed with all work to be performed under the AGREEMENT. The CONTRACTOR shall retain any and all rights provided either by this AGREEMENT or by law which pertain to the resolution of disputes and protests between the contracting parties provided that CONTRACTOR complies with Section 21 when asserting such claim. 45. Notices. The parties hereto agree that all formal notices required by this AGREEMENT may be provided to the following persons at the following addresses by sending the same by certified or registered mail as follows: DISTRICT: Costa Mesa Sanitary District 290 Paularino Avenue Costa Mesa, CA 92627 CONTRACTOR: Precision Electric Company 8137 Winter Gardens Boulevard HGSD 2016 CIP A-16 Agreement Lakeside, CA 92040 46. Gratuities. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities to DISTRICT's employees, agents or representatives with a view toward securing this AGREEMENT or securing favorable treatment with respect thereto. 47. Conflict of Interest. CONTRACTOR warrants that he has no blood or marriage relationship with, and that it is not in any way associated with, any architect, engineer or other preparer of the plans and specifications for this PROJECT. 48. Copeland "Anti-Kickback" Act. If applicable to this AGREEMENT, CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti- Kickback" Act (18 U.S.C. Section 874), as supplemented in Department of Labor regulations, which Act provides that each contractor shall be prohibited from including, by any means, any person employed in the construction, completion or repair of any public work to give up any part of the compensation to which he is otherwise entitled. 49. Attorney's Fees. In any action or proceeding brought by either party against the other party arising out of or in any way connected to this AGREEMENT, or where any provision hereof is validly asserted as a defense, the parties shall bear their own attorney's fees, costs, and expenses. Nothing in this provision shall excuse CONTRACTOR's duty to provide DISTRICT with a defense at CONTRACTOR's cost when DISTRICT receives a complaint, petition or other pleading from a third party requiring DISTRICT to defend itself. Notwithstanding the foregoing, costs and attorney's fees shall be available pursuant to Code of Civil Procedure Section 386.6 in connection with an interpleader. 50. Assignment of Rights. Pursuant to Section 7103.5 of the Public Contract Code, in entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the CONTRACTOR or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700)of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the CONTRACTOR,without further acknowledgment by the parties. 51. SCAQMD and CARB Compliance. CONTRACTOR agrees to comply with all South Coast Air Quality Management District (SCAQMD) and California Air Resources Board (CARB) requirements, including, but not limited to, compliance with CARB Regulations limiting idling of self-propelled diesel-fueled on-road and off-road vehicles and equipment(25 HP and up) to no more than five (5) consecutive minutes as specified in Title 13 of the California Code of Regulations, section 2449 (d)(3), Idlin . 9 9 52. Mined Construction Materials. CONTRACTOR shall not purchase mined construction material except from a mining operation that is currently identified in the list published pursuant to subdivision (b) of Section 2717 of the Public Resources Code. Refer to the current 3098 list for qualified mining operations at www.consrv.ca.gov/OMR/ab_3098_list/current_list. IN WITNESS WHEREOF,the parties hereto have entered into this AGREEMENT the date HGSD 2016 CIP A-17 Agreement and year first above written. ATTEST: COSTA MESA SANITARY DISTRICT: 1. / I I,v' .AI hi IA i /dim.. ,lam . / A/-4t /i i -- Pre$ APPROVED AS TO FORM: / I • tj 1 , Secretary I CONTRACTOR: ; ciii,___ I ,' r ion Electric Company Precision p y District Counsel APPROVED AS TO CONTENT: Address: 8137 Winter Gardens Boulevard Lakeside, CA 92040 �t`eC) b ( I 3/ /t ( District General Manager 411111.11.1.-- {i4 51 c,-,r By: �� ` HGSD 2016 CIP A-18 Agreement STATE OF CALIFORNIA) (INDIVIDUAL)/(CORPORATION) ss. COUNTY OF ki-Al i'/( On , 6( h , before me, t ndf igned, a Notary Public in and for said state, personally appeared rC A pet I who proved to me on the basis of satisfactory evince to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. "3.th.j o,k4) BRITA JACK Commission No.2149849 14A;'"r NOTARY PUBLIC-CALIFORNIA 5.2 (Notary Public) T► SAN DIEGO COUNTY . My Comm.Expires APRIL 21,2020 HGSD 2016 CIP A-19 Agreement Exhibit A Scope of Work 1. Contractor will procure and install a 58.2 kw solar photovoltaic system (PV) with 164 modules. A description of the solar modules are attached. 2. The tilt, azimuth, and DC/AC ratio of system design will be the following: Modules Tilt: 10 System Azimuth: 135 DC/AC Ratio: 1.347 (per inverter specs attached hereto 3. Power optimizer and flat roof mounting system will be in conformance to the specs attached hereto. 4. The PV system will produce up to 84,000 kwh per year in which the Contractor will guarantee a production of 75,000 kwh per year. If the PV system is not producing 75,000 kwh within the first year then Contractor will send a service and maintenance team to test the system and fix any technical issues within standard PV system troubleshooting procedures to ensure system is producing 75,000 kwh per year. 5. Contractor will provide one year warranty on workmanship and will provide the District with full maintenance plan and 0 & M package after project has been accepted as complete by the Board of Directors. 6. The PV system production and status will have the capability of being monitored online and Contractor will install all the necessary equipment and provide the necessary training to ensuring the District has online monitoring capabilities. 7. All modules, inverters and systems are covered by manufacturer with a standard ten year minimum and 25 year maximum warranty. 8. Contractor must submit design of the PV system to the City of Costa Mesa Building Department for review and approval. 9. The District submitted a Net Energy Metering Interconnection Request (IR) to Southern California Edison (SCE). CMSD's IR application is deemed complete and valid from SCE. Contractor must perform the following in order to complete the IR process. A. Single Line Diagram Deficiency Please update Single-line diagram to include Signed PE stamp. Please HGSD 2016 CIP A-20 Agreement reference Section 5.2 of most recent NEM Interconnection Handbook for more details. B. Plot Plan showing the location of the manual visibly open and lockable open AC disconnect switch with reference to the utility meter (SCE shall approve prior to installation). Note that this is a different plot plan from the plan that is required for NEM Aggregation projects. Please provide a Plot Plant indicating where AC Disconnect in regards to the meter and panel. Please reference Section 5.5.6 of most recent NEM Interconnection Handbook for more details C. Signed PE (from CA licensed Professional Engineer) Stamp on Single Line Diagram for Line-Side Connection Please reference Section 5.2 of most recent NEM Interconnection Handbook for more details D. Final Inspection (AHJ) Please submit AHJ once construction is completed. E. Inverter Settings Please submit inverter settings for each inverter sized greater than 30kW once construction is completed. Please reference Section 6.1 and Appendix D of most recent NEM Interconnection Handbook for more details. 10. Contractor will coordinate efforts with the assigned SCE Engineer, Ricardo Santos at ricardo.s.santos(a�sce.com for technical review of PV system. 11. The information below is being provided for reference only. Detailed requirements for this specific project will be communicated to Contractor directly by the SCE Engineer referenced above as needed. The intent of providing this information is to help facilitate an efficient technical review and avoid potential delays that may result from not addressing requirements that may be applicable to your project. A. Signage Requirements SCE may at its discretion require decals to be installed on generation facilities. For example, generating facility applications referred to a Distribution Engineer for technical review will typically require a decal. A 9 YP Y photograph with the installed decals must be submitted to the SCE Interconnection Website with the final Permit Inspection. SCE will verify the decal installation during the final technical approval. Contractor will have the option to receive the decals by the following methods: HGSD 2016 CIP A-21 Agreement 1. You may order decals ( 25 minimum order)from the following location [Decal Link] a. For decals that need to be placed on the main service panel, please order Decal number: • SCE Item 15-41-A REV 1/11 Size 4"X3" for small panels • SCE Item 15-43-B REV 1/11 Size 7"X5" for larger panels b. For decals that need to be placed on the AC Disconnectm, please order Decal Number: • SCE Item 15-40-A REV 1/11 Size 4"X3" for small AC Disconnects • SCE Item 15-40-B REV 1/11 Size 7"X5" for large AC Disconnects 2. You may contact the SCE Engineer assigned to your project to coordinate decal pick up at the local service center.[2] [1] Please reference Section 5.2.1 of the NEM Handbook as to when an AC Disconnect is required. [2] This could increase the time to receive the decals necessary for final technical approval. B. Technical Review If Contractor have not already submitted the following items, SCE recommends Contractor submit them to the assigned SCE Engineer (noted above) prior to scheduling the commissioning test and to expedite the technical review: • Photos of the manual, visibly open, and lockable AC disconnect; • A plot plan showing the location of the manual, visibly open, and lockable AC disconnect with reference to the utility meter(SCE shall approve prior to installation) Please note that the SCE Engineer will need up to 7 business days to conduct the technical review prior to a commission test. If additional analysis/ information are required, then this time could be longer. C. Scheduling a Commissioning Test The assigned SCE Engineer will work with Contractor to try to schedule a commissioning test of the project soon after the final inspection by the City of Costa Mesa. Please let the Engineer know in advance when Contractor anticipate scheduling the final inspection. For more information including NEM interconnection technical requirements please visit: www.sce.com/NEM. In addition, the Contractor should keep the following requirements in mind: HGSD 2016 CIP A-22 Agreement ESR 5, Section 1.0 (Pg. 5-7) All enclosures and raceways on the line side (unmetered) or housing metering equipment shall be sealable. Meter seals shall not be broken by anyone except an authorized Company-employee. If Contractor come across a broken meter seal, report it immediately to SCE at 800 655 4555. Ask to speak to the Revenue Protection representative that is responsible for the area in which the applicant resides in. ESR 6, Section 1.0 (Pg. 6-5) Conductors shall not be rerouted through any metering compartment. Fused and unfused conductors shall not occupy the same raceway unless they are completely barriered from each other in a manner acceptable to the Company. ESR 6, Section 5.0 Figure 6-8 note 5 (Pg. 6-20) Except for conductors supplying the instrument-transformer compartment, and the ground bus, no other conductors or devices shall be installed in, or routed through, the compartment or the sealed area above the compartment. The ground bus shall not infringe on utility-compartment space, or reduce any clearances. Customer connections to the ground buss shall be allowed in the instrument transformer compartment. Please reference the following link for the complete Electrical Service Requirements (ESR) document: www.sce.com/wps/portal/home/requlatory/distribution-manuals/electrical-service- requirements/ HGSD 2016 CIP A-23 Agreement www.hhl-green.com/solar/en Hyundai ��6 Solar Module Hyundai Heavy Industries was founded in 1972 and Is a Fortune 500 company.The company employs more than 48,000 people,and has a bale leading 7 business divisions with sales of 40.9 Billion USD in 2015.As one of our core businesses of the company,Hyundai Heavy Industries is committed to develop and invest heavily in the field of renewable energy. Hyundai Solar is the largest and the longest standing PV cell and module manufacturer in South Korea.We have 800 MW of module production capacity and provide high-quality solar PV products to more than 3,000 customers worldwide.We strive to achieve one of the most efficient PV modules by establishing an R&D laboratory and investing more than 20 Million USD on innovative technologies. ' Poly-crystalline Type HiS-M310RI I HiS-M315RI I HIS-M320RI(HiS-M325RI RI-Series Mono-crystalline Type HiS-5330RI I His-S335RI I HiS-S340RI I HIS-5345R11 HIS-S350RI I HiS-S355R1 Mechanical Characteristics a Several models are under certification process Dimensions 998 mm(39.291(W)x 1,960 mm(77.171(L)x 40 mm(1571(H) Weight Approx.22.9 kg(505 lbs) Solar cells 72 cells in series(6 x 12 matrix)(Hyundai cell,Made in Korea) Output cables 4 mm3(12AWG)cables with polarized weatherproof connectors, IEC certified(UL listed and UL 4703 certified),Length 1.2 m(47.21 Junction box IP67,weatherproof,IEC certified(UL listed) Bypass diodes 3 bypass diodes to prevent power decrease by partial shade Construction Front:Anti-reflection coated glass(Anti reflection coated),32 mm(0.1261 Encapsulant:EVA Back Sheet:Weatherproof film mer Frame Clear anodized aluminum alloy type 6063 • • High Quality •IEC 61215(Ed.2)and IEC 61730 by VDE •UL listed(UL 1703),Type 1 for Class A Fire Rating • •Output power tolerance+3/-0% • •ISO 9001:2000 and ISO 14001:2004 Certified •OHSAS 18001:2007 Certified • •Advanced Mechanical Test(5,400 Pa)Passed(IEC) /Mechanical Load Test(40 lbs/ft')Passed(UL) •IEC 62716(Ammonia Corrosion Resistance Test)Passed _ •IEC 61701(Salt Mist Corrosion Test)Passed • • •Potential-Induced Degradation(PID)Test Passed (85'C/85%/600 hr-PVEL) • • Accredited Test Lab •VDE(Test Data Acceptance Program) •UL(Witness Test Data Program) ♦ • *941- � Limited Warranty •10 years for product defect •10 years for 90%of warranted min.power ♦ •25 years for 80%of warranted min.power Important Notice on Warranty The warranties apply only to the PV modules with Hyundai Heavy Industries Co.,Ltd's logo(shown below)and product serial number on it (E s©e 111E41 a1V,i' ;; AHYUNDAI umg v '�"� HEAVY INDUSTRIES Electrical Characteristics I Poly-crystalline Type I HiS-MOMIll 310 315 320 325 Nominal output(Pmpp) W 310 315 320 325 Voltage at Pmax(Vmpp) V 1 36.0 36.2 36.4 36.6 Current at Pmax(lmpp) A 8.6 8.7 8.8 8.8 Open circuit voltage(Voc) V 45.3 455 45.7 45.9 Short circuit current(Isc) A 8.9 9.0 9.0 9.1 Output tolerance % +3/-0 No.of cells&connections pct 72 in series Cell type - 6'Poly-crystalline silicon(Hyundai cell.Made In Korea) Module efficiency % 15.8 16.1 16.4 16.6 Temperature coefficient of Pmpp %/K -0.41 Temperature coefficient of Voc %/I( -0.32 Temperature coefficient of lsc 96/K 0.039 stAll data at STC(Standard Test Conditons).Above data may be changed without prior notice I Mono-crystalline Type I His-SDEat 330 ® 340 ® 350 355 Nominal output(Pmpp) r W 330 335 340 345 350 355 Voltage at Pmax(Vmpp) I V 38.0 38.2 38.4 38.6 38.7 38.9 Current at Pmax(Impp) A 8.7 8.8 8.9 9.0 9.0 9.1 Open circuit voltage(Voc) V 463 465 46.7 46.9 47.1 473 Short circuit current(Isc) A 9.3 9.4 9.5 9.6 9.6 9.6 Output tolerance I % +3/-0 No.of cells&connections pcs 72 in series Cell type - 6-Mono-crystalline silicon(Hyundai cell,Made In Korea) Module efficiency 96 16.9 17.1 17.4 17.6 17.9 18.1 Temperature coefficient of Pmpp 96/K -0.42 Temperature coefficient of Voc 96/K -0.30 Temperature coefficient of Isc 96/K I 0.047 ax All data at STC(Standard Test Conditions)Abase data may be changed Mthour pant notice I Module Diagram I (unit:mm,inchi I I-V Curves I 1111111111IIIIIIIIII111111 o �tmc'an rIII III 1111111111111111111 III IIII1111111 III IIII 11E11111111 III IIII I11111111111 111110 1II11I1I1II11111III11111I1I1I11 III III 111111111111111111 1111111111II1111111111 g IIIIIIIIIII111111111A i --t � o( N fN .axar�nHOLD � -.-.a �°-�� 4°"pa H.Calf� n° aardmier cu<4xauwa ` M9411137.311 fll $ °'µ" mp�6875LASLOT HOLE af ti �• TiDET sa � g t l " °� °s; --W pe6rp °^�°.�Cd� --. �SC : `y�`� 1 MBA mow ` "° ° ' tiaab.a.amw+ C.1:379°a `�`�.� -nmk d,eoow. -WAYr d.1ooxeaV C 1m11 DESK ° 5 la Is•a0°n n a4m I Installation Safety Guide I Nominal Operating Cell Temperature 46'C t 2 •Only qualified personnel should install or perform maintenance. Operating Temperature -40-85'C •Be aware of dangerous high DC voltage. DC 1,000 V 0E0 M3ximurn System Voltage DC 1,000V(UL) •Do not damage or scratch the rear surface of the module. •Do not handle or install modules when they are wet. Maximum Reverse Current 15 A (Printed Date:December 201b1 ,acl OinI ,'^1 Sales&Marketing A HYUNDAI Printed co FSC¢itlid Hyundai Bldg.75,Yulgok-ro,Jongno-gu,Seoul 03058,Korea ax Tel:+82-2-746-7563,7635,8406 Fax:+82-2-746-7675 HEAVY INDUSTRIES VJ solar - • • ! cc LLI a Three Phase Inverters ~ SolarEdge c:C for the 208V Grid for North America W SE9KUS / SE14.4KUS Z — +" „, v 4 z ,fig z r$ „ .,,,,....„,:,,...4,,u-.., ', r ., 'c msr,re,At v1*e� "� r .,5‘.1i- �> Y dsi ,t "'�a , ^:a. y �f s. . x , �s, „..4xttiVCVAlt.4* 1,2i 4. it tY 4'r � � _a 'Tt,F t '�„ ,--'- : x , . -r Sn ►r. Y {,;. 54403 '," . O ,.‘4::,,f,,'°K " Y .. j`2 less ,n 11;� Twp,' ' ;10`v%, ;ti 'r. W.4,.,.% '; strx` ekr r ' i } '; . f rf - J `' 'mss * i • #t.9`?":;' �°— ap.. :.:*'‘,4," .1, �... <T f by: Y IV. . •a t r `''The best choice for SolarEdge enabled systems' 'Y= ., ff �` " , opYmi eii =r,` S - „� x 'k`-,a'. . ,. _ ' a -.,;�. .;: x -+a' a t - r�� .n `' F{ %' v p4 -x. S� t „ .,-"(i.,..---4,-,0,1.A.!--,--4,, `�Fi '� ' - Integrated arc fault protection for NEC 2011690.11 — Rapid shutdown for NEC 2014 690.22 Oudoor andindoor installation — Built-in modute-level monitoring - Internet connection through Ethernet or Wireless - Small,lightweight and easy to install on provided bracket - Fixed voltage inverter,DC/AC conversion only — Integrated Safety Switch USA-CANADAGERMANY-ITALY-FRANCE JAPAN-CHINA-AUSTRALIA-THE NETHERLANDS UK ISRAEL TURKEY SOUTH AFRICA-BULGARIA www.solaredge-us solar oIars a - Three Phase Inverters for the 208V Grid for North America SE9KUS/SE14.4KUSI'1 SE9KUS 1 SE144KUS OUTPUTT. Rated AC Power Output 9000 14400 VA Maximum AC Power Output 9000 14400 VA AC Output Line Connections 4-wire WYE(L1-L2-L3-N)plus PE or 3 wire Delta AC Output Voltage Minimum-Nominal- 105-120-132.5 Vac Maximum'='(L-N) AC Output Voltage Minimum-Nominal- Maximum'2 (L-L) 183-208-229 Vac AC Frequency Min-Nom-Mae 59.3-60-60.5 Hz Max.Continuous Output Current(per Phase) 25 40 A GFDI Threshold I 1A Utility Monitoring,Islanding Protection, Country Configurable Set Points Yes INPUT Maximum DC Power(Module STC) 12150 19400 1 W Transformer-less,Ungrounded Yes Maximum Input Voltage DC to Gnd 250 300 Vdc • Maximum Input Voltage OC+to DC- 500 600 Vdc Nominal Input Voltage DC to Gnd 200 Vdc Nominal Input Voltage OC+to DC- 400 Vdc Maximum Input Current 26.5 38 Adc Max.Input Short Circuit Current 45 Adc Reverse-Polarity Protection Yes Ground-Fault Isolation Detection1MO Sensitivity 350k0 Sensitivity"' CEC Weighted Efficiency96.5 97 % Night-time Power Consumption <3 <4 W ADDITIONAL FEATURES Supported Communication Interfaces RS485,Ethernet,ZigBee(optional) Rapid Shutdown—NEC 2014 690.12 Manual Rapid Shutdown"' Automatic Rapid Shutdown upon AC Grid Disconnects) STANDARD COMPLIANCE ._........ Safety UL1741,UL16998,UL1998,CSA 22.2 Grid Connection Standards IEEE1547 Emissions FCC part15 class B INSTALLATION SPECIFICATIONS AC output conduit size/AWG range 3/4"minimum/12-6 AWG DC input conduit size/AWG range 3/4"minimum/12-6 AWG Number of DC inputs l 2 pairs � 3 pairs(with fuses on plus&minusr Dimensions(HxWxD) 21 x 12.5 x 10.5/540 x 315 x 260 in/mm Dimensions with Safety Switch(HxWxD) 30.5 x 12.5 x 10.5/775 x 315 x 260 in/mm Weight 73.2/33.2 99.5/45 Weight with Safety Switch 79.7/36.2 106/48 Cooling Fans(user replaceable) Noise <50 <55 dBA Operating Temperature Range -40 to+140/-40 to+60 °F/°C Protection Rating NEMA 3R 's'For 277/480V inverters refer to:iy{1p://www.solaredee-cam/files/odfs/oroducts/inverters/se-three ohase-us•inverter.datashegt.odf 't"For other regional settings please contact SolarEdge support ;31 Where permitted by local regulations 'H With installation of rapid shutdown kit;contact SolarEdge for kit P/N 'sl P/N of inverter with automatic rapid shutdown:SE14.4K-USR28NNF4 w Field replacement kit for 1 pair of inputs P/N:DCD-3PH-1T8K 0 RoHS cc solar - • . W N SO2CL— larEdge Power Optimizer Module Add-On for Commercial Installations for North America P600 / P700 / P730/ ~ P800p / P800s Lu CC ,.qI. '' ¢ T f x " x, n' y r ;,..... .-„:,!:',,,,i,•.4(!--.:,2--' as »:.# e �;,▪�, syq.x �, xr�7 �, v. � � as � t7°� y .^�+ gra' . .' d f O .`"Tce'. ^'} <c f'-'''''',-"--7;',-;''"d'* 'y'� d�' <*C 0,4.1-*;::: (/�� Y▪ A. '�. -?:,„;:::„„7:-3--'&'-s.' day . r-$11;44-,, -..- '"'7',,-,:".4.,-," ,- :rir-,,-1;,q ''-'''-7--;., -`,-,- „0„4":,-;,rj.,1,,it' ,Ls. f. xr 5' �' t A,�, M1 Y PV.power:;optim nation at the module- eiif ': The most dist effective solution`dor commercial and large fief; y fatlons -: „_ specfl Ily !orkwith �e e v .' A. unto 25%more energy Superior efficiency(99.5%} Balance of System cost reduction;50%less cables,fuses and combiner oxes, over 2x longerstring lengths possible — Fast installation with a single bolt - Advanced maintenance with module-level monitoring ▪ Module- - odule level voltage shutdown for installer and firefighter safety — Use with two PV modules connected in series or in parallel USA CANADA- GERMANY ITALY- -FRANCE JAPAN CHINA AUSTRALIA THE NETHERLANDS-UK-ISRAEL TURKEY SOUTH AFRICA-BULGARIA INDIA www.solaredge.us solar • • SolarEdge Wireless Communication ZigBee Kit North America SE1000-ZBGW-K5-NA I SE1000-ZB05-SLV I SE1000-ZBRPT05-NA FUNCTIONAL . T Number of devices that can be monitored T 1-15 RF PERFORMANCE Transmit power I 22.8 dBm Receiver Sensitivity -102 dBm EIRP with antenna 27.8 dBm Maximum Emitted Power j 5 30 dBm Antenna gain 5 dBi Operating Frequency Range 2.4-2.5 GHz Outdoor(LOS)range i 400/1300 m/ft Indoor rangeltl 50/160 m/ft HOME GATEWAY/REPEATER Antenna Included Power supply Included,100-240VAC Operating temperature -20 to+60/-4 to+140 'C/'F Relative humidity(non condensing) 0-80 % t Ingress protection IP20(Indoor) ZIGBEE SLAVE KIT Antenna,mounting bracket and RF cable Included Dimensions(H x W x D) 22.0 x 32.9 x 4.1/0.9 x 1.3 x 0.2 mm/in IP65(IP20/indoor rated when installed inside Control and Ingress protection . -------_-___-----------Commimcation Gateway or_Firefighterizatewav) ---_____._--- -— CERTIFICATION Safety IEC60950,UL60950 EMC Approvals FCC(USA),IC(Canada) 'll Approximate values.may differ depending on specific installation conditions �0 ((t. Scenario A:Basic Kit I f1e' Part Number:SE1000-ZBGW-K5-NA Inverter , ',Z., Home Gateway metal -1 x SolarEdge home gateway -1 x ZigBee slave kit i+_t , Mager Ethernet for single SolarEdge device Ern 0.1° tiii IS . Internet Router Inverters 4 .,)� ,I), t I I Scenario B:Adding additional slave units 1 1 01' Part Number:SE1000-ZB05-SLV -lx ZigBee slave kit • 0 0 ' _- Home Gateway for connecting multiple devices to the same ,fig I - i4 home gateway VPlitP Master Ethernet-- t ETH Slue slave Stam Internet Router 140 Inverter Scenario C:Extending range using a repeater (i (('• Part Number:SE1000-ZBRPT05-NANUM i Home Gateway Sole** erot -1 x SolarEdge ZigBee Repeater y;I01 , Wester) for extending the ZigBee range 111140Internet Router tZlggee Repeater Ethernet sola — • • = LIMITED PRODUCT WARRANTY LIMITED PRODUCT WARRANTY This SolarEdge Technologies Ltd.Limited Warranty covers defects in workmanship and materials of the below-listed products for the applicable warranty period set out below: �• • Power optimizers:25 years commencing on the earlier of:(i)4 months from the date the power optimizers are shipped from SolarEdge;and(ii)the installation of the power optimizers,provided,however,that for the module embedded power optimizers(CSI and OPJ models),the Warranty Period shall not exceed the maximum of(1)the module product warranty and(2)the module power warranty periods provided by the applicable module manufacturer. • , • Inverters,Safety&Monitoring Interface(SMI),Auto-transformer.GSM Cellular Modem:12*years commencing on the earlier of:(i)4 months from the date the products are shipped from SolarEdge;and(ii) the installation of the products. • StorEdge Interface:10 years commencing on the earlier of:(i)4 months from the date the Interfaces are shipped from SolarEdge;and(ii)the installation of the Interfaces. • Home Gateway.Control and Communication Gateway.Firefighter Gateway.Wireless Communication Products excluding GSM Cellular Modem,RS485 Expansion Kit,SolarEdge Meter,Smart Monitoring Combiner Box:5 years commencing on the earlier of:(i)4 months from the date the product is shipped from SolarEdge; and(ii)the installation of the product.Warranty duration of wireless communication products is the same whether or not the product is pre-installed in the inverter. *In some countries the inverter warranty is limited to 7 years.For a list of these countries please access http://www.solaredge.com/warranty exceptions The Limited Warranty does not apply to components which are separate from the Products,ancillary equipment and consumables,such as,for example,cables,fuses,wires and connectors,whether supplied by SolarEdge or others.Some components may carry their own manufacturer warranty.See product datasheet for more details.In addition,for all power optimizers with a part number ending in C,the SolarEdge warranty does not apply to the input connector. The Limited Warranty only applies to the buyer who has purchased the Products from an authorized seller of SolarEdge for use in accordance with their intended purpose. The Limited Warranty may be transferred from buyer to any assignee,and will remain in effect for the time period remaining under the foregoing warranties,provided that the Products are not moved outside its original country of installation and any reinstallation is done in accordance with the installation directions and use guidelines accompany the Products(collectively the "Documentation"). If,during the applicable Warranty Period,buyer discovers any defect in workmanship and materials and seeks to activate the Limited Warranty,then buyer shall,promptly after such discovery,report the defect to SolarEdge by sending an email to support@solaredge.com with the following information:(i)a short description of the defect,(ii)the Product's serial number,and(iii)a scanned copy of the purchase receipt or warranty certificate of the applicable Product. Upon buyer's notification,SolarEdge shall determine whether the reported defect is eligible for coverage under the Limited Warranty. The Product's serial number must be legible and properly attached to the Product in order to be eligible for Warranty coverage. If SolarEdge determines that the reported defect is not eligible for coverage under the Limited Warranty,SolarEdge will notify buyer accordingly and will explain the reason why such coverage is not available. If SolarEdge determines that the reported defect is eligible for coverage under the Limited Warranty,SolarEdge will notify buyer accordingly,and SolarEdge may,in its sole discretion,take any of the following actions: • repair the Product at SolarEdge's facilities or on-site;or • issue a credit note for the defective Product in an amount up to its actual value at the time buyer notifies SolarEdge of the defect,as determined by SolarEdge,for use toward the purchase of a new Product;or • provide Buyer with replacement units for the Product. SolarEdge will determine whether the Product should be returned to SolarEdge and,if SolarEdge so determined,the Return Merchandise Authorization("RMA")Procedure(set out below)will be invoked. Where replacement Products are sent,SolarEdge generally sends such products within 48 hours.SolarEdge may use new,used or refurbished parts that are at least functionally equivalent to the original part when making warranty repairs.The repaired Product or replacement parts or Product,as applicable,shall continue to be covered under the Limited Warranty for the remainder of the then-current Warranty Period for the Product. Where the RMA Procedure is invoked by SolarEdge,SolarEdge will instruct buyer how to package and ship the Product or part(s)to the designated location. SolarEdge will bear the cost of such shipment,upon receipt of the Product or part(s),SolarEdge will,at its expense and sole discretion,either repair or replace the Product or part(s). SolarEdge General Product Warranty 1 solar • • = LIMITED PRODUCT WARRANTY SolarEdge will deliver the repaired or replaced Product or part(s)to buyer at buyer's designated location in countries where SolarEdge has an office and/or there is a significant PV market.For the specific list of countries to which such service is provided,please access http://www.solaredge.com/articles/shipping cost coverage warranty.SolarEdge will bear the cost of such shipment,including shipping and customs(where applicable)and buyer shall bear any applicable value added tax. SolarEdge may elect to ship replacement Product and/or part(s)prior to receipt of the Product and/or part(s)to be returned to SolarEdge as per the above. Where SolarEdge decides to repair the Product or part(s),warranty coverage includes labor and material costs necessarily incurred to correct the Product defect;and where SolarEdge decides to replace the Product or part(s)to which the Limited Warranty applies,warranty coverage includes the cost of the replacement of the Product or part(s). In addition,SolarEdge shall bear shipping costs in respect to the foregoing,as set out above. All other costs,including,without limitation,travel and boarding costs of SolarEdge service personnel that are incurred for repairs of Products on-site,as well as costs related to buyer's employees and contractors repair or replacement activities,are not covered by the Limited Warranty and,unless otherwise agreed in writing in advance by SolarEdge,shall be borne by the buyer. Warranty Exclusions: This Limited Warranty will not apply if(a)buyer is in default under the General Terms and Conditions of other Agreement governing the purchase of the Product,or(b)the Product or any part thereof is: • damaged as a result of misuse,abuse,accident,negligence or failure to maintain the Product; • damaged as a result of modifications,alterations or attachments thereto which were not pre-authorized in writing by SolarEdge; • damaged due to the failure to observe the applicable safety regulations governing the proper use of the Product; • installed or operated not in strict conformance with the Documentation,including without limitation,not ensuring sufficient ventilation for the Product as described in SolarEdge installation guide; • opened,modified or disassembled in any way without SolarEdge's prior written consent; • used in combination with equipment,items or materials not permitted by the Documentation or in violation of local codes and standards; • damaged or rendered non-functional as a result of power surges,lightning,fire,flood,pest damage,accident, action of third parties,or other events beyond SolarEdge's reasonable control or not arising from normal operating conditions;or • damaged during or in connection with shipping or transport to or from buyer where buyer arranges such shipping or transport. This Limited Warranty does not cover cosmetic or superficial defects,dents,marks or scratches,which do not influence the proper functioning of the Product. THE LIMITED WARRANTIES SET OUT HEREIN ARE IN LIEU OF ANY OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS PURCHASED BY BUYER FROM SOLAREDGE,WHETHER EXPRESS OR IMPLIED,WRITTEN OR ORAL(INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE),ALL OF WHICH ARE EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Claims by buyer that go beyond the warranty terms set out herein,including claims for compensation or damages,are not covered by the Limited Warranty,insofar as SolarEdge is not subject to statutory liability. In such cases,please contact the company that sold you the Product. Eventual claims in accordance with the law on product liability remain unaffected. Coverage under the Limited Warranty is subject to buyer complying with the foregoing notification requirements and cooperating with SolarEdge's directions. SolarEdge's sole obligation and buyer's exclusive remedy for any defect warranted hereunder is limited to those actions expressly stated above. Such actions are final and do not grant any further rights,in particular with respect to any claims for compensation. Unless otherwise specified in an executed Agreement with SolarEdge,the Limited Warranty and related provisions set out herein are subject to SolarEdge's General Terms and Conditions,including,without limitation,the provisions thereof,which relate to disclaimer of warranties, limitation of liability and governing law and jurisdiction. Revised:June 2016 SolarEdge General Product Warranty • KB RACKING° Simple solutions you can count on. EKONO RAC O a Flat Roof Mounting System LOW COST- LOW WEIGHT - QUICK INSTALL EKONORACK is the simplest non-penetrating solar mounting solution for commercial flat rooftops. The system's ETL Certification attests to its high standard of safety and robust design, allowing it to be grounded with only one grounding lug per array. EKONORACK 's innovative design is composed of only one major component,acting as a ballast tray,windshield mount and multiple panel support.The system's pre-attached roof mats save time on installation and provide maximum protection for the roof. 0 q" 4 NN. QUICK INSTALLATION \\r„.7, - FLAT ROOFS • \\\N\ ZERO FEATURES PENETRATIONS • ETL Certified according to UL-2703 standards • Single point grounding/bonding per array • Fast installation with click-in module clamps: up to 3-4kW/man-hour WIND TUNNEL TESTED • Non-penetrating installation prevents leaks • Integrated rubber roof protection mats for hassle-free installation I 0 • Wind deflectors optimize performance and lower ballast requirements • High-grade, corrosion-free aluminum components YEAR • 10-year standard product warranty, additional warranty available WARRANTY EKONO RACK all Flat Roof Mounting System Ell CLASSIFIED a -A14 us caTso Intertek 0- TECHNICAL SPECIFICATIONS Inclinations 5°, 10°, 12°, 15° Amiluelv Distribution Load 3 -8 lbs/ft 2 Orientation Panel Landscape Type Framed PV module Material Aluminum, stainless steel fasteners Module Size All standard 60&72 cell panels Row Spacing 49.21 -58.27"/ 1.25- 1.48m ntmensions(LxWxH) Standard 10° system: 15 x 8 x 8.4"/38.1 x 20.4 x 21.3cm Roof Type All types of flat roofs Roof Pitch Up to 5° Grounding Method Grounded once per array-ETL Certified grounding method Building Height Up to 60'/ 18.3m (higher upon request) Ballast Weight Customizable to wind zone and exposure category Wind Speed Up to 140 mph (225 km/h)for Exposure B; 117 mph (188 km/h)for Exposure C Wind Tunnel Testing Boundary layer wind tunnel tested by RWDI -based on ASCE 7-10, NBCC 2005, IBC 2012 &OBC 2012 standards 8"/223mm-17.9"/455mm A aptisessieressiessissempit 7.7"/196mm-12.5"/317mm 5-15° A 2.2"/56mm 8.3"/212mm-18.5"/471mm KB RACKING' MADE IN AMERICA I>rl I MADE IN CANADA www.kbracking.com • 1.888.661.3204 • info@kbracking.com 714 W Olympic Blvd. Suite 936, Los Angeles.CA,90015 • 1 Atlantic Avenue.Suite 106,Toronto, ON, M6K3E7