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HomeMy WebLinkAbout01-08-20-06/Solential Energy Solutions, LLC/Solar Array Equipment and Installation RESOLUTION NO.BPW 01-08-20-06 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING PROCUREMENT AGREEMENT WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana ("City"), is authorized to enter into contracts;and WHEREAS,pursuant to Indiana Code 36-4-5-3,the City's mayor may enter into contracts on behalf of the City;and WHEREAS, pursuant to his authority under Indiana law, the City's mayor, the Honorable James C. Brainard,has caused to be signed the Grant Agreement attached hereto as Exhibit A(the"Contract");and WHEREAS, Mayor Brainard now wishes to present the contract to the City's Board of Public Works and Safety for it to be publicly acknowledged,filed in the Clerk's Office,and made available to the public for review. NOW,THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: 1.The foregoing Recitals are incorporated herein by this reference. 2.The receipt of the Contract is hereby acknowledged. . 3.The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public for review. X''fr- SO IA RESOLVED this ►�l day of �✓�b ,2020. CITY OF CARMEL,INDIANA By and through its Board of Public Works and Safety BY: 71.- kw4' James Brainard,Presiding Officer Date: ia Mary A Burkebtr Date: g--0 Lori S.Wakson, ember Date: / 8/cO&c3 ATTEST: "J-e 6( '119— ''''' Sue Wolf a e k Date: 0110 g�� aCJ SAE Bass'My Documents\BPWResoluAorrs'2020\Acknowledge Procurement Agreement Salential Energy Solutions.LLC-Solar Array Equipment and Installation-di/oilman g 12:17 PM CARMEL UTILITIES 760 3'd Avenue S.W.,Suite 110 Cannel,Indiana 46032 PH(317)571-2443 WATER UTILITY FAX(317)571-2265 WASTEWATER UTILITY ADVERTISEMENT/NOTICE TO CONTRACTORS CITY OF CARMEL,INDIANA Solar Array Equipment and Installation Proposal Sealed Proposals for the City of Carmel,Indiana,Solar Array Equipment and Installation Proposal,will be received by the City of Carmel,Indiana,("Owner")at the office of the Clerk Treasurer in City Hall, One Civic Square,Carmel,Indiana 46032,until 10:00 a.m.,local time,on August 21,2019. Any Proposal received after the designated time will be returned to the Proposer unopened. The Proposals will be publicly opened and read by Cannel Board of Public Works and Safety at 10:00am,local time,on August 21,2019,in Council Chambers at City Hall. The Proposal should be clearly marked "PROPOSAL ENCLOSED Solar Array Equipment and Installation"on the outside of the envelope,and as otherwise set forth in the Proposal Documents. In general, the work consists of the purchase and installation of solar array equipment at two separate locations in the City of Cannel,Indiana all as required by the Proposal Documents,the Agreement Between • Owner and Contractor, General Conditions, (the "Agreement"), and Specifications and Drawings. Electronic Copies may be obtained from Telamon Corporation,("Engineer") 1000 E. 116th Street,Carmel, Indiana 46032. Contact Mike Morley, mike.morley@telamon.com to obtain access to these materials. A non-mandatory pre-bid meeting will be held on site at Water Plant No.1 on August 7,2019 at 9:00 am local time. Proposals must be submitted on the forms found in the Request For Proposal package, must contain the names of every person or company interested therein,and shall be accompanied by: (1) Revised Form No.96 as prescribed by the Indiana Board of Account and as required in the Instruction to Bidders, including a financial statement, a statement of experience, a proposed plan or plans for performing the Work and the equipment the Proposer has available for the performance of the Work; (2) Bid Bond in the amount of five percent (5%) of the total proposed amount, including alternates with a satisfactory corporate surety or by a certified check on a solvent bank in the amount of five percent(5%)of the amount of the Proposal. The Bid Bond or certified check shall be evidence of good faith that the successful Proposer will execute within fifteen (15)calendar days from the acceptance of the Proposal,the Agreement as included in the Proposal Documents. The Bid Bond or certified check shall be made payable to the Owner. Any Proposal may be withdrawn prior to the scheduled closing time for receipt of Proposals, but no proposer shall withdraw his proposal within ninety(90)days after the actual receipt of Proposals. All Bid Bonds and certified checks of unsuccessful proposers will be returned by the Owner upon selection of the successful Proposal and execution of the Agreement,and provision of the required Performance Bond 1, and Payment Bond. Award will be made to the Proposal with the highest score as discussed on Part 3 of the Request For Proposals. The successful Proposer must not be debarred, suspended, or otherwise be excluded from or ineligible for participation in federally assisted programs under Executive Order 12549. r r The successful Proposer will be required to enroll in and verify the work eligibility status of all employees 1 hired after the date of this Contract through the E-Verify program. The Proposer will also be required to sign an affidavit concerning employment of unauthorized aliens. A copy of the affidavit is included in the Request For Proposal documents. The successful Proposer will also be required to sign a certification ( ' regarding no investment activities in Iran. A Performance Bond with good and sufficient surety, acceptable to the Owner and Engineer, shall be required of the successful Proposal in an amount equal to at least one hundred percent (100%) of the Contract Price,conditioned upon the faithful performance of the Agreement. The Proposer shall execute a Payment Bond to the Owner,approved by Owner and Engineer and for the benefit of the Owner,in an amount equal to one hundred percent(100%)of the Contract Price. The Payment Bond is binding on the Proposer,their subcontractor,and their successors and assigns for the payment of all indebtedness to a person for labor and services performed,material furnished,or services rendered. The Payment Bond must state that it is for the benefit of the subcontractors,laborers,material suppliers,and those performing services. The surety of the Payment Bond may not be released until one (1)year after the Owner's final settlement with the Contractor. All out-of-state corporations must have a certificate of authority to do business in the State of Indiana. 1 Application forms may be obtained by contacting the Secretary of State,State of Indiana,Statehouse, Indianapolis,Indiana 46204. Wage rates on the project shall not be less than the federal wage scale published by the U.S.Department of Labor. Proposers on this work shall be required to comply with the provisions of the President's Executive Order No.11246,as amended.The Bidders shall also comply with the requirements of 41 CFR Part 60—4 entitled Construction Contractors-Affirmative Action Requirements.A copy of 41 CFR Part 60—4 may be found in the Supplemental General Conditions of the Contract Documents and Specifications. The Bidders attention is also called to the"Minority/Women Business Enterprise"participation goal of 7% and "Disabled Business Enterprise"participation goal of 5% as contained in the Project Specifications. Contract procurement is subject to the federal regulations contained in the OMB Circular A-102,Sections B and 0 and the State of Indiana requirements contained in IC-36-1-9 and IC-36-1-12. Proposer must comply and meet all Indiana State Revolving Funds requirements as contained in the project documents. The Owner reserves the right to reject and/or cancel any and all Proposals, solicitations and/or offers in I whole or in part as specified in the solicitation when it is not in the best interests of the governmental body as determined by the purchasing agency in accordance with IC 5-22-18-2. The Owner also reserves the ' right to waive irregularities in any Bid,and to accept any Bid which is deemed most favorable to the Owner. I Christine Pauley Clerk Treasurer City of Cannel,Indiana L L PART 1 SCOPE OF SUPPLY The City of Cannel, Indiana, wants to select a Contractor to purchase and install solar panel arrays as indicated on the attached drawings and as specified. The City intends to evaluate and select the equipment and contractors based on the criteria listed herein. PERFORMANCE REQUIREMENTS Specifications for the equipment and installation are provided in this request for proposal. The equipment and installation shall meet or exceed the specifications listed. Training of City personnel shall be in accordance with the requirements listed in the specifications. Training shall be at a time of the City's selection and after the equipment is installed and ready for operation. SUMMARY OF WORK PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract,including General and Supplementary Conditions and other Specification Sections,apply to this Section. 1.2 SUMMARY A. Section Includes: • 1. Project information. 2. Work covered by Contract Documents. 3. Phased construction. 4. Access to site. 5. Coordination with occupants. 6. Work restrictions. 7. Specification and drawing conventions. 8. Materials B. Related Requirements: 1. Section 01 50 00"Temporary Facilities and Controls"for limitations and procedures governing temporary use of Owner's facilities. 1.3 PROJECT INFORMATION A. Project Identification:Solar Array Equipment and Installation B. Project Locations: 1. Carmel Water Treatment Plant 1— 106th Street and Gray Road,Carmel,IN 2. Carmel Waste Water Treatment Plant—Hazel dell Parkway,Carmel,IN r r C. Owner:Carmel Utilities , 1. Owner's Representative:John Duffy. I D. Engineer:Telamon Corporation 1. 1000 East 116th Street,Cannel,IN 46032 1.4 WORK COVERED BY CONTRACT DOCUMENTS A. The Work of Project is defined by the Contract Documents and consists of the following: 1. Project includes installation per design the solar photovoltaic(PV)panels,racking,ballast, inverters, and electrical connective equipment on the grounds of the Cannel Water Treatment Plant 1 and the Carmel Waste Water Treatment Plant Lift Station. Install AC panel boxes for collecting the AC power from the inverters and distribute to the electrical service. Install connective equipment from the AC panels to the internal AC service. a. Cannel Water Treatment Plant 674kWdc/540kWac: 1) Work includes all materials required to ground ballast mount 1,926 solar panels, connect to 9 inverters, connect to AC collector panels, and interconnect to the utility grid at 4.16kV(3-phase,Delta-grounded WYE)per the plans included in this packet.Work also includes all required grounding and Ethernet connections of the equipment. 2) Work includes the fencing of both arrays with a minimum 7(seven)foot high, black vinyl coated fence per the array site plan to meet NEC code. 3) All conductors may be run on top of the ground in cable try. Any conductors in contact with or buried beneath the ground will need to be enclosed or encased in conduit that will prevent deterioration due to the caustic composition of the soil. Buried conductors must be installed by an OSHA HAZWOPER 40hr certified contractor. a) Schedule 80 PVC for direct buried conduit b) Schedule 40 for concrete encased conduit c) Galvanized rigid conduit with 1miI of asphaltic coating for direct bury 4) Install Solar Log solar site monitoring system. The inverters will be connected to the Base Station through the Ethernet or connected via RS-485 cable. System will include a) Solar Log Base Station b) Utility Grade Meter b. Cannel Hazel Dell Parkway Location 39lkWdc/300kWac: 1) Work includes all materials required to ground mount 1,116 solar panels, I connect to 5 inverters,connect to AC collector panels,step voltage to 4.16kV, step voltage back to 480V, and interconnect to the utility grid at 480V (3- phase,4 WYE)per the plans included in this packet..Work also includes all I required grounding and Ethernet connections of the equipment. 1, 2) Work includes the fencing of the array with a minimum 7(seven)foot high, black vinyl coated fence per the array site plan to meet NEC code. Fence I must not encroach on current Floodway as mapped by the Indiana Department L LJ t I of Natural Resources. Site will be staked prior to construction by the architect/engineer. 3) All conductors may be run on top of the ground in cable try. Any conductors in contact with or buried beneath the ground will need to be enclosed or encased in conduit that will prevent deterioration due to the caustic composition of the soil. Buried conductors must be installed by an OSHA HAZWOPER 40hr certified contractor. a) Schedule 80 PVC for direct buried conduit b) Schedule 40 for concrete encased conduit c) Galvanized rigid conduit with 1mi1 of asphaltic coating for direct bury 4) Install Solar Log solar site monitoring system. The inverters will be connected to the Base Station through the Ethernet or connected via RS-485 cable. System will include a) Solar Log Base Station b) Utility Grade Meter 2. All zoning and construction permitting will be completed by the City of Carmel Utilities for both arrays. B. Type of Contract: 1. Project will be constructed and installed under a single prime contract, 1.5 PHASED CONSTRUCTION A. The Work shall be conducted in a single phase or multiple phases based upon availability of the sites and materials. 1.6 ACCESS TO SITE A. General:Contractor shall have limited use of Project site for construction operations as indicated on Drawings by the Contract limits and as indicated by requirements of this Section. 1, Limits:Confine construction operations to areas located directly adjacent to the installation locations. 2. Driveways,Walkways and Entrances:Keep driveways,loading areas,and entrances serving premises clear and available to Owner,Owner's employees,and emergency vehicles at all times.Do not use these areas for parking or storage of materials. a. Schedule deliveries to minimize use of driveways and entrances by construction operations. b. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on-site. 3. Owner does have a construction trailer on-site that may be used by Contractor during the construction of the arrays. Contractor is responsible for keeping the trailer in good repair and will be responsible for any and all utilities,hook-ups,and repairs. r r B. Condition of Existing Building:Maintain portions of existing building affected by construction operations in a weather tight and secure condition throughout construction period.Repair damage caused by construction operations. 1.7 COORDINATION WITH OCCUPANTS I A. Partial Owner Occupancy:Owner will occupy the premises during entire construction period. Cooperate with Owner during construction operations to minimize conflicts and facilitate Owner usage.Perform the Work so as not to interfere with Owner's operations.Maintain existing exits unless otherwise indicated. 1. Maintain access to existing walkways,corridors,and other adjacent occupied or used facilities.Do not close or obstruct walkways,corridors,or other occupied or used facilities without written permission from Owner and authorities having jurisdiction. 2. Contractor shall provide weather tight enclosures at all times 3. Provide not less than 72 hours'notice to Owner of activities that will affect Owner's operations. 4. The existing buildings shall be kept locked and secure after normal working hours 1.8 WORK RESTRICTIONS A. Work Restrictions,General:Comply with restrictions on construction operations. 1. Comply with limitations on use of public streets and with other requirements of authorities having jurisdiction. B. On-Site Work Hours:Limit work in the existing building to normal business working hours of I 7:00 a.m.to 5:00 p.m.,Monday through Friday, unless otherwise indicated. 1. Weekend Hours:8:00 a.m.to 4:00 p.m. I . 2. Early Morning Hours:Per City of Carmel restrictions. C. Noise,Vibration,and Odors:Coordinate operations that may result in high levels of noise and I vibration,odors,or other disruption to Owner occupancy with Owner. • 1. Notify Owner not less than two days in advance of proposed disruptive operations. I 2. Obtain Owner's written permission before proceeding with disruptive operations. 3. Blasting occurs under the water plant site on a periodic basis. The contractor and workers should be aware of these occurrences and plan accordingly. D. Non-smoking Building:Smoking is not permitted within the building or on Project site. ' E. Controlled Substances:Use of tobacco products and other controlled substances within the existing building or on Project site is not permitted. F. Employee Identification: Owner will provide identification tags for Contractor personnel working on Project site.Require personnel to use identification tags at all times. G. Employee Screening: The utility requires an inquiry into the personal background of each employee of a contractor or subcontractor who is likely to have direct,ongoing contact at the site L of construction. Contractors and subcontractors shall conduct an inquiry into the background information of these employees. The shall information shall include the following: 1. An expanded national criminal history check as defined by Indiana Code.20-26-2-1.5; 2. A search of the national sex offender registry maintained by the United States Department of Justice; 3. Arrest and/or filing of criminal charges against each employee within two(2)business days of the occurrence and the disposition of such arrest or filing of charges concerning employees of contractors and subcontractors; 4. Verification of enrollment in and use of the Federal EVerify program to check eligibility to be employed(all employees); 5. Comply with Owner's requirements for drug and background screening of Contractor personnel working on Project site; 6. Maintain and update regularly, a master list of all approved and screened personnel, including any personnel of the Construction Manager and all sub-contractors and third- parties that will be under the direction of the Contractor, for use by Owner in performing personnel audits 1.9 SPECIFICATION AND DRAWING CONVENTIONS A. Specification Content:The Specifications use certain conventions for the style of language and the intended meaning of certain terms,words,and phrases when used in particular situations. These conventions are as follows: 1. Imperative mood and streamlined language are generally used in the Specifications.The words"shall," "shall be,"or"shall comply with,"depending on the context,are implied where a colon(:)is used within a sentence or phrase. 2. Specification requirements are to be performed by Contractor unless specifically stated otherwise. B. Drawing Coordination:Requirements for materials and products identified on Drawings are described in detail in the Specifications.One or more of the following are used on Drawings to identify materials and products: 1. Terminology:Materials and products are identified by the typical generic terms used in the individual Specifications Sections. 2. Abbreviations:Materials and products are identified by abbreviations published as part of the U.S.National CAD Standard. 3, Keynoting: Materials and products are identified by reference keynotes referencing Specification Section numbers found in this Project Manual. 2.0 Materials-SOLAR PANELS A. The system design is based on the Yingli Solar, YL350D panel. Panels of equal to or better performance may be substituted in this bid. If a different panel can be shown to have a lower initial price per kWh produced,then that panel is to be used and must be specifically called out in all bid responses.Any substitute panels must be from a reputable manufacturer with a record of high performance and solid financial background. Preferred manufacturers include the following companies: B. Other Panel Manufacturers r 1. Jinko Solar 2. Hanwha QCells 3. JA Solar 4. Canadian Solar 5. Longi I 6. Risen Energy 7. Trina Solar 2.1 Materials-MOUNTING EQUIPMENT ' A. The system is design to utilize the Solar Flex Rack mounting system as described in the design documents. Racking of equal to or better performance may be substituted for this bid. Any substitute racking must be specifically called out in all bid responses. Array are to be ground mounted in the following manner: a. Carmel Water Treatment Plant 1-106th Street and Gray Road-Ballasted b, Carmel Waste Water Treatment Plant—Hazel dell Parkway—Pile driven The scope of supply for the fixed tilt racking system shall include the following items: 1.Ground Mount System a. All structural components associated with the racking system; including steel heads,struts,girders,retainer plates,purlins,and wedges b.Module mounting hardware c.Structural fasteners;including bolts,washer,and nuts ' d.Grounding Module Clamps or other provisions necessary to continuously bond the racking system and support piles to the grounding system 2.Support Piles 3.Calculations(structural,geotechnical,shading,grounding,wind,as applicable) 4.Rack and Support Pile installation manual 5.Module mounting and installation manual 6.Racking Layout Supplier shall submit all geotechnical and structural design drawings and calculations for the racking system and support piles for review prior to purchase of equipment but only after supplier has been given a Notice to Proceed to ensure reimbursement of engineering costs. Supplier shall provide geotechnical and structural design drawings and calculations for the racking system and support piles, signed and sealed by an Indiana Professional Engineer, to be submitted to the Authorities Having Jurisdiction(AHJ)for permitting.Supplier is responsible for addressing any comments and/or questions from the AHJ related to the permitting of the mounting system and obtaining permit approval from the AHJ. 2.2 Materials—INVERTERS,COMBINER BOX,and MOUNT A. The system is designed to utilize Sungrow SG6OKU-M inverters. . Inverters of equal to or better performance may be substituted in this bid. If a different inverter can be shown to have a lower initial price per kWh produced,then that inverter is to be used and must be specifically called out l in all bid responses.Any substitute inverters must be from a reputable manufacturer with a record of high performance and solid financial background. Preferred manufacturers include the following companies: L L B. Other Inverter Manufacturers 1. Fronius 2. SMA 3, SolarEdge 4. ABB 2.3 Materials-WIRE A. Must meet specifications in proposal packet 2.4 Materials-ETHERNET A. Must meet specifications in proposal packet r ' r r r: I ' This Page is Intentionally Blank I I . I ` I I , L L Part 2 PROPOSAL AND AGREEMENT GENERAL Six (6) copies of this proposal with accompanying information required shall be submitted in a sealed envelope. The envelope should be clearly marked"PROPOSAL ENCLOSED Solar Array Equipment ► and Installation". The proposal shall include a cost to supply the equipment and installation as specified and shown on the ► drawings. A completed Form 96 shall be included with the proposal along with a Bid Bond in the amount of 5%of the total amount in the proposal. The Contractor's cost to provide the Equipment and Installation shall be based solely on the requirements set forth in the SCOPE OF SUPPLY in Part 1 and shall include the cost of training and spare parts specified. The Owner reserves the right to reject all proposals or delete a portion of the Equipment as deemed in the best interest of the Owner. Performance and Payment Bond After selection of the most favorable proposal,the manufacturer shall secure a performance and payment bond for 100%of the total value of the proposed cost of the Equipment and Installation as specified. If a performance bond is provided,the bonding company must have a rating of A-or above based on ratings provided by A.M.Best. Evaluation Each proposal will be evaluated by the City of Carmel per the criteria in Part 3. Proposal and Agreement 1. The undersigned Submitter proposes and agrees, if this proposal is accepted, to enter into an agreement with Owner for the purchase and installation of the Equipment as specified herein. 2. In submitting the proposal,the Submitter represents that: (a) Submitter has examined the Request for Proposal thoroughly. (b) Submitter is familiar with and is satisfied as to all federal, state and local laws, ordinances, rules, and regulations that may affect cost,progress,performance,or furnishing of the Goods and Services. (c) If cited in the Proposal or if,in Submitter's judgment,any local condition may in any manner affect cost,progress,or furnishing the Equipment and Installation,Submitter has brought these issues to the attention of the Owner. (d) This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Submitter has not directly or indirectly induced or solicited any other Submitter to submit a false or sham Proposal;Submitter has not solicited or induced any person,firm,or corporation to refrain from submitting;and Submitter has not sought by collusion to obtain for itself any advantage over any other Submitter or over OWNER. • r 3. The Submitter offers the following total cost for the Equipment and Installation of the Solar Arrays as specified herein. : At Water Plant No.1: $ 1,014,878.00 At Hazel Dell Pkwy: $ 536,693.00 F 4. Submitter agrees that the Equipment will be delivered and installed in accordance with the ' Procurement Agreement within one-hundred (120) calendar days from the date of the Notice to Proceed. Submitter accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete within the times specified. Liquidated Damages shall be assessed to the Contractor at the rate of $800 per each calendar day beyond the Contract Time specified. 6. Communications concerning this Proposal shall be addressed to:(Cross-out inapplicable language) The address of Submitter indicated below. The following address: 13277 N. Illinois Street Carmel, IN. 46032 If Submitter is: An Individual By I . (Individual=s name) Doing business as Business address: Phone No.: A Partnership By (Firm Name) (General Partner) (Title) l Business address: Phone No.: L L { A Corporation By Solential Energy Solutions, LLC (Corporation Name) Indiana (State of Incorporation) James R. Shaw (Name of Person Authorized to Sign) President (Title) (Corporate Seal) Attest (Secretary) Corporate Address: 13277 N. Illinois St., Carmel, IN. 46032 Phone No.: 317-650-5511 Date of Qualification to do Business is: 04/15/2011 A Joint Venture By (Individual=s name) (Address) By (Name) (Address) Phone Number and Address for Receipt of Official Communications: (Each joint venturer must sign. The manner of signing for each individual,partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) r r r This Page is Intentionally Blank I I I . . I I I � ' a I_. L L. PROCUREMENT AGREEMENT 9711/4. THIS PROCUREMENT AGREEMENT is dated as of the I day of �CE?n't1"n the year 2019 by and between the City of Carmel,Indiana(hereinafter called OWNER)and Solential Energy Solutions, LLC thereinafter called CONTRACTOR). OWNER and CONTRACTOR,in consideration of the mutual covenants hereinafter set forth,agree as follows: Article 1.SCOPE OF WORK. CONTRACTOR shall furnish the Equipment and Installation along with Training as specified or indicated in the Request for Proposal and as shown on the drawings. The Equipment and Installation to be furnished are generally described as follows: Equipment and Installation for Solar/Array Panels as specified and shown on the drawings. The following Services are required: Training for City Personnel as specified and required. A warranty, guaranteeing the Equipment and Installation provided to be free of manufacturer defects for a period of one year after start up or 18 months following delivery to the site,whichever occurs first. Article 2.ENGINEER. The Goods have been specified by Telamon Corporation., hereinafter called ENGINEER and who will act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER by OWNER in connection with the furnishing of the Goods,Services and other services in accordance with the Procurement Agreement. Article 3.POINT OF DELIVERY. The place where the Goods are to be delivered to: City of Carmel,Indiana Water Treatment Plant No. 1 located at the southeast corner of Gray Road and 106'h St.in Carmel Indiana. Article 4.CONTRACT TIME. 4.1.The Equipment and Installation are to be delivered to the point of delivery and installed complete with surface restoration within 120 days from the Notice to Proceed. 4.2 Training shall be provided at times requested by the OWNER and shall occur after the Equipment and Installation are installed and ready for operation. Training is expected to occur approximately 120 days after the Notice to Proceed is issued. -4- Telemon Energy Solutions Article 5.CONTRACT PRICE. {-1 5.1. OWNER shall pay CONTRACTOR for furnishing the Equipment and Installation and for performing other services in accordance with the Request for Proposal in current funds. Equipment and Installation(inclusive of all cost adjustments) $ 1,551,571.00 I Article 6.PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment. Applications for Payment will be processed by ENGINEER. 6.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of Applications for Payments as follows: Equipment and Installation 6.1.1 Upon receipt of the first Application for Payment submitted after delivery of the Equipment and Installation along with O&M manuals and accompanied by ENGINEER's recommendation of payment, an amount equal to 90%of the Equipment Price(based on supplier invoices). Shop Drawings must be approved before submittal of the first application for payment. 6.1.2 Final Payment. Upon receipt of the final Application for Payment after all O&M manuals, shop drawings, training and successful startup of the Equipment and Installation accompanied by ENGINEER's recommendation of payment,OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER. I Article 7.N/A I . Article 8.CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Procurement Agreement CONTRACTOR makes the following presentations:8.1. CONTRACTOR has familiarized himself with the nature and extent of the Proposal Documents and has given I . ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Proposal Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. I 8.2. CONTRACTOR has familiarized himself with all local conditions and federal,state and local laws,ordinances,rules and regulations that in any manner may affect the production and delivery of the Equipment and Installation and furnishing of Services and other services in connection therewith. I 8.3. CONTRACTOR does not require additional information from OWNER or ENGINEER to enable CONTRACTOR to furnish the Equipment and Installation and other services at the Contract Price, within the Contract Time and in accordance I with the other terms and conditions of the Request for Proposal and Procurement Agreement. 8.4. CONTRACTOR has correlated the results of all such examinations,investigations,and resolutions with the terms [, and conditions of the Request for Proposal. 1-i "5.. Telamon Energy Solutions L. Article 9. MISCELLANEOUS 9.1. No assignment by a party hereto of any rights under or interests in the Procurement Documents will be binding on another party hereto without the written consent of the party sought to be bound;and specifically but without limitation,monies that may become due and monies that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment will release or discharge the assignor from any duty or responsibility under the Procurement Agreement. 9.3. OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto,his partners,successors,assigns and legal representatives in respect to all covenants,agreements and obligations contained in the Procurement Agreement. IN WITNESS WHEREOF,the parties hereto have signed five(5)copies of this Procurement Agreement. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Procurement Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Procurement Agreement will be effective on °Nl t '`zr ,2019. OWNER- CONTRACT By/ By ------ orporate Seal] [Corporate Seal] Attest Attestil4 fis Address for giving notice Address for giving notice Carmel Utilities Solential Energy Solutions, LLC. 30 W. Main St., Suite 220 13277 N. Illinois St., Suite 110 Carmel, IN. 46032 Carmel, IN. 46032 (If CONTRACTOR is a corporation ) (attach evidence of authority ) (to sign. ) -6- Telamon Energy Solutions Clause and Affidavit to be added to Contract For Services to be provided to CITY OF CARMEL,INDIANA (as required by Indiana SEA 590,effective July 1,2011) VERWICATIONOF WORK ELIG_BILITY STATUS 1. h f0 - ) 1; (hereinafter called "Contractor")understands and agrees that it is required to enroll in and verify the work eligibility status of all employees hired after the date of this contract through the E-Verify program. This requirement shall be waived if the E-Verify program ceases to exist. For the purposes of this paragraph,the"E- Verify program" means the electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 196(P.L. 104-208),Division C,Title IV, s.403(a), as amended,operated by the United States Department of Homeland Security or a successor work authorization program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work authorization status of newly hired employees under the Immigration Reform and Control Act of 1986(P.L.99-603). 2, An authorized representative of the Contractor has signed the affidavit below concerning the employment of unauthorized aliens. AFFIDAVIT CONCERNING EMPLOYMENT OF UNAUTHORIZED ALIENS I am a duly authorized officer of_-_.SC&(.4q"tal, CA/ ft._Lrrt0)- t_ (hereinafter called"Contractor")and I hereby certify that as of the date of this Affidavit,Contractor does not employ any"unauthorized aliens"as that term is defined in 8 U.S.C. 1324a(h)(3). I AFFIRM UNDER THE PENALTIES FOR PERJURY THA HE FOREGOING REPRESENTATIONS� ARE TRUE. ��/Dated:. / /07e/.9 , Signature Printed Name 8 US.C. 1324a(h)(3) Definition of unauthorized alien As used in this section, the term"unauthorized alien"means with respect to the employment of an alien at a particular time,that the alien is not at that time either (A)An alien lawfully admitted for permanent residence,or (B)Authorized to be so employed by this chapter or by the Attorney General. �Ct Q..J �/ ` DA.v,\�l J $�3 r►1 „� cam. f �C rJ ���re (�2 C117 P' Lam!'�.t t-. t\e"514 �' . - CHFiIbTOPHER P. LARKIN 1 r' �i�\ Notary Public e y State of indlana Commission No, 562709 I,My Commission Expires �1��, , % �.�� March 19, 2023 WTP-1 Flier Addition/451-6837 A•22 '�`�n.>y' CITY OF CARMEL Contractor's Waiver Final I , 1 t t r r CITY OF CARMEL,INDIANA INDIANA IRAN INVESTMENT CERTIFICATION r The State of Indiana enacted a law(IC 5-22-16.5)which requires all state agencies and political subdivisions request certification from its contractors that the contractor is not engaged in investment I activities in Iran as Chapter 16.5 defines those terms. This certification serves as notice that all contractors doing business with the City of Angola,Indiana must,as a term of its contract,certify that contractor does i-,, not engage in investment activities in Iran. I,ji11i1//) Cir gaiIN/v� �D A authorized representative of _Si'?/0)I a 4:, `✓;/f eKy t6fiet,(qmg.of contractor),certify under penalty of perjury that 4( .z;R/L="IQ6� �� (nameaf contractor)does not engage in investment I • activities in Iran as those terms are defined by IC 5-22-16,5. Solential Ener olutions, LLC , (name of con , I B Y (si nature of authorized representative) _a/v/o � g�u�j i . (printed name of authorized representative) Date: /a/j cill' ' I - b h b e L� _.►, at Zc�16t D��i-1 1, d jr k s c t q Qs e be..)-0 re. I I i ', r t CHRISTOPHER P, LARKIP e,...,,,k,„i, (P- , G - , . , � '" =r 1\y Notary Public ����h s� �--�� State of Indiana Commission No. 562709 `" 1a�' ,"illii f My Commission Expires , ''`Sr^ L. 4 4f?' March 15 2023 -,,,,,t,,,t1,,,„, L I, [4 WTP-t Filter Addition/451.6837 A-22 CITY OF I-i CARMEL Contractor's Waiver Final 1 I L -1 , I '} „ ., , L CONTRACTOR'S AFFIDAVIT AND WAIVER OF LIENS AND CLAIMS U FINAL ( ) PARTIAL ( ) PAYMENT TO FOLLOW OWNER: City of Carmel, Indiana PROJECT: Department of Public Works. CONTRACTOR: CONTRACT DATE: being duly sworn states that he or she is the of CONTRACTOR, which was awarded Contract No. with the OWNER in accordance with the contract terms and conditions to install and/or furnish certain materials and labor as follows: ("Work") for the Project, DOES HEREBY STATE,WARRANT AND REPRESENT ON BEHALF OF THE CONTRACTOR the following: PARTIAL WAIVER That the balance due from OWNER Is the sum of($ ). ( ) Receipt of which is hereby acknowledged;or ( ) Payment of which has been promised as the sole consideration for this AFFIDAVIT AND WAIVER OF LIENS AND CLAIMS and which Is given to and for said amount effective upon receipt of such payment. FINAL WAIVER That the final balance due from OWNER is the sum of($ ), ( ) Receipt of which is hereby acknowledged;or ( ) Payment of which has been promised as the sole consideration for this AFFIDAVIT AND WAIVER OF LIENS AND CLAIMS which is given to and for said amount effective upon receipt of such payment. THEREFORE,through the date hereof,Contractor waives and releases the Owner and Project of all liens or claims, including, but not limited to, claims for materials, equipment, labor, superintendence and other services or Work performed or furnished by Contractor and further affirms that no other party has any claim or right to lien on account of any materials,equipment,labor,superintendence and other services or Work performed or furnished to or for Contractor for the Project. Contractor agrees to Indemnify,defend and hold the Owner and Project harmless,Including costs and attorneys'fees,from and against any and all claims or liens for any subcontractors,materials,supplies,equipment or labor furnished for,in connection with or incorporated into the Project by,through or under Contractor through the date hereof. This Affidavit and Waiver of Liens is given to induce Owner to pay the amount indicated above. Contractor represents that all employees,subcontractors or materialmen have been paid or will be paid from these funds. That through the date hereof,all Affidavits and Waiver of Liens and Claims are true,correct and unconditional and that there is no claim either legal or equitable to defeat the validity of said Affidavits and Waiver of Liens and Claims. That the following are the names of all parties who have furnished material or labor,or both,for said Work and all parties having contracts or subcontracts for specific portions of said Work or for material used In the construction thereof and the amount due or to become due to each, and that the items mentioned include all labor and material required to complete said Work according to Project plans and specifications: 1 2 3 4 5 6 7 CONTRACTOR TYPE OF AMOUNT OF TOTAL NET NET BALANCE WORK CONTRACT RETAINED PREVIOUSLY AMOUNT TO PAID THIS BECOME PAYMENT DUE TOTAL AMOUNT OF ORIGINAL CONTRACT WORK COMPLETED TO DATE EXTRAS TO CONTRACT LESS RETAINAGE TOTAL CONTRACT&EXTRAS NET AMOUNT EARNED CREDITS TO CONTRACT NET PREVIOUSLY PAID ADJUSTED TOTAL CONTRACT NET AMOUNT OF THIS PAYMENT BALANCE TO BECOME DUE This instrument has been executed as of the day of ,20 WTP•1 Filter Addition/451-5837 A-22 CITY OF CARMEL Contractor's Waiver Final r r CONTRACTOR: — r By: r, Name I Title: I ' STATE OF INDIANA COUNTY I OF Sworn to and subscribed before me the undersigned authority on this I day of , 20, Notary Public, I State of Printed Name of I Notary I [ SEAL] My Commission Expires: I I • 1 , LJ WTP-1 Filter Addition/451.6837 CITY OF CARMEL L Contractor's Waiver Progress A-24 L I ' SUBCONTRACTOR AFFIDAVIT AND WAIVER OF LIENS AND CLAIMS " ( ) FINAL ( ) PARTIAL ( ) PAYMENT TO FOLLOW OWNER: City of Carmel, Indiana PROJECT: Department of Public Works. SUBCONTRACTOR: CONTRACT DATE: being duly sworn states that he or she Is the of SUBCONTRACTOR, which entered into a contract in writing with ("CONTRACTOR") who was awarded Contract No. with the OWNER in accordance with the contract terms and conditions to install and/or furnish certain materials and labor as follows: ("Work")for the Project, DOES HEREBY STATE,WARRANT AND REPRESENT ON BEHALF OF THE SUBCONTRACTOR the following: PARTIAL WAIVER That the balance due from CONTRACTOR is the sum of($ ), ( ) Receipt of which is hereby acknowledged;or ( ) Payment of which has been promised as the sole consideration for this AFFIDAVIT AND WAIVER OF LIENS AND CLAIMS and which is given to and for said amount effective upon receipt of such payment. FINAL WAIVER That the final balance due from CONTRACTOR is the sum of($ ), ( ) Receipt of which is hereby acknowledged;or ( ) Payment of which has been promised as the sole consideration for this AFFIDAVIT AND WAIVER OF LIENS AND CLAIMS which Is given to and for said amount effective upon receipt of such payment. THEREFORE,through the date hereof,Subcontractor waives and releases the Owner,Contractor and Project of all liens or claims,including,but not limited to,claims for materials,equipment,labor,superintendence and other services or Work performed or furnished by Subcontractor and further affirms that no other party has any claim or right to lien on account of any materials,equipment,labor,superintendence and other services or Work performed or furnished to or for Subcontractor for the Project. Subcontractor agrees to indemnify,defend and hold the Owner,Contractor and Project harmless, including costs and attorneys' fees, from and against any and all claims or liens for any sub- subcontractors,materials,supplies,equipment or labor furnished for,in connection with or incorporated into the Project by,through or under Subcontractor through the date hereof. This Affidavit and Waiver of Liens is given to induce Contractor to pay the amount indicated above. Subcontractor represents that all employees, subcontractors or materialmen have been paid or will be paid from these funds. That through the date hereof,all Affidavits and Waiver of Liens and Claims are true,correct and unconditional and that there Is no claim either legal or equitable to defeat the validity of said Affidavits and Waiver of Liens and Claims. That the following are the names of all parties who have furnished material or labor,or both,for said Work and all parties having contracts or subcontracts for specific portions of said Work or for material used in the construction thereof and the amount due or to become due to each,and that the items mentioned include all labor and material required to complete said Work according to Project plans and specifications: 1 2 3 4 5 6 7 SUBCONTRACTOR TYPE OF AMOUNT TOTAL NET NET BALANCE WORK OF RETAINED PREVIOUSLY AMOUNT TO CONTRACT PAID THIS BECOME PAYMENT DUE TOTAL AMOUNT OF ORIGINAL CONTRACT NET PREVIOUSLY PAID EXTRAS TO CONTRACT NET AMOUNT OF THIS PAYMENT TOTAL CONTRACT&EXTRAS BALANCE TO BECOME DUE CREDITS TO CONTRACT ADJUSTED TOTAL CONTRACT WORK COMPLETED TO DATE LESS RETAINAGE NET AMOUNT EARNED WTP-1 Filter Addition/451-6837 CITY OF CARMEL Contractor's Waiver Progress A-24 r This Instrument has been executed as of the day of 20 CONTRACTOR: By: 1 Name: Title: I ' STATE OF INDIANA COUNTY OF Sworn to and subscribed before me the undersigned authority on this i day of , 20 I Notary Public, State of [ . Printed Name of Notary I [ SEAL] My Commission Expires: I , lJ I , Ii WTP-1 Filler Addition 451-6837 CITY OF CARMEL Conlraclor's Waiver Progress A-24 j LI Insert Additional Terms and Conditions by CONTRACTOR as modified and mutually agreeable to OWNER and CONTRACTOR. Any additional Terms and Conditions requested by CONTRACTOR must be included with the Proposal. WTP-1 Filter Addition/451-6837 CITY OF CARMEL Contractor's Waiver Progress A-24 j I I i r r r This Page is Intentionally Blank f ' I . I , PART 3 EVALUATION EVALUATION CRITERIA The Proposals to supply Equipment and Installation for Solar Arrays at the Carmel Water Treatment Plant 1 and Wastewater Treatment Facility will be evaluated according to the criteria shown below. Each criterion will be evaluated and rated on a scale of 1 to 5,with 5 being the highest evaluation. Each criterion rating will be multiplied by a weighting factor that assigns more value to some criteria than others. The evaluation matrix is shown below: EVALUATION MATRIX Criterion Rating(1-5) Weight(1-10) Score Proposed Cost of Equipment and 8 Installation Availability of Materials 6 Availability of 6 Installation Labor Conformance to Proposal 8 Specifications Experience with Solar 6 Installation Availability of Future Service Labor and 6 Materials Installation References on Prime Contractor and 10 Sub-Contractors Total score 4 r r SUBMITTAL REQUIREMENTS Each CONTRACTOR shall provide six(6)copies of a complete proposal with information as listed in the following and in conformance with the requirements of the technical specifications. The evaluation team - will review and evaluate each proposal in accordance with the evaluation criteria in accordance with following: 1. Proposed Cost of Equipment and Installation: Each proposal shall include the cost of Equipment and Installation along with training as specified ' in the Scope of Supply in this Request for Proposal. Any exceptions to the Technical Specifications must be clearly marked and justified. 2. Availability of Materials: I Each proposal shall indicate the availability of all materials installed as part of the solar array installation. The proposal shall also indicate approximate delivery times for those materials. 3. Availability of Installation Labor: The proposal shall indicate how many installers are available,their location,and the times that they • are available. Reference should be made regarding the ability to supplement labor with additional persons should necessary to meet the installation timeline. 4. Conformance to Proposal Specifications: Each proposal shall include a catalog of information showing general compliance with the specifications.The catalog information shall provide details(Spec Sheets,etc..)on all materials to be used in the installation. Any deviation from the defined specification shall be noted,highlighted, and justified as to why or how this meets or exceeds specifications. 5. Experience with Solar Installation: I • Each proposal shall include a list of at least five similar size projects where the CONTRACTOR has installed similar PV solar arrays. I 6. Availability of Future Service Labor and Materials: Each proposal shall include the availability and ability to respond to future needs for service and/or 1 materials should the solar array experience a mechanical failure. 7. Installation References on Prime Contractor and Sub Contractors: Each proposal shall include the names and contact information for similar projects. Five (5) i references are required for all Prime Contractors. Three(3)are required for any Sub-Contractors under the control of the Prime. I , L /EMCInsurance Companies:: Document A312 - 2010 Bond No:S014741 Performance Bond CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principal Solential Energy Solutions,LLC place of business) 13277 N Illinois St,Ste 110 Employers Mutual Casualty Company This document has important legal Carmel,IN 46032 consequences. Consultation with an OWNER; attorney is encouraged with respect to its completion or modification. (Name,legal status and address) City of Carmel Utilities Any singular reference to Contractor,Surety, 30 W Main Street Ste 220 Owner or other party shall be considered Carmel,IN 46032 plural where applicable. CONSTRUCTION CONTRACT Date: 12/18/2019 The Document A312-2010 combines two separate bonds,a Performance Bond and a Payment Bond,into one form. This is not a Amount: $1,551,572 single combined Performance and Payment Bond. Description: Ground mounted solar arrays Location 1 Hazel Dell 391kW.Location 2 Water Plant 674kW (Name and location) BOND Date: 12/30/2019 (Not earlier than Construction Contract Date) Amount:$1,551,572 Modifications to this Bond: ❑None NSee Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: Solential Energy Solutions,LLC (Corporate Company: Employers Mutual Casualty Company (Corporate Seal) Seal) Signature: Signature: 02a. ,�*,, Name (//,Q / (� �f Name Heather Barnett ` r ���5 And Title: CO '-04( 0e--A And Title: Attorney-in-Fact (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY-Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) Brier Payne Meade Insurance,Inc. 10540 Marty St,Ste 160 Overland Park,KS 66212 Init. Document A312-2010 061110 1 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference,the Owner shall attend. Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten (10)business days of the Surety's receipt of the Owner's notice. If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner. if the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. Init. Document A312-2010 2 §7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual • damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its • heirs,executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. • §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default. Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default. Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. • §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Init. / Document A312-2010 3 §16 Modifications to this bond are as follows: This bond does not apply to any implied or stated efficiency performance guarantees,design guarantee and any consequential or actual damages. The warranty period covered by the bond is limited to a 1 year period from the date of acceptance. The warranty may be extended for 1 year annual intervals up to a total of 5 years at the option of the Surety,by bond rider only,and only upon receipt of acceptable underwriting information. (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address Init. Document A312-2010 This document conforms to the wording and provisions of the AIA A312-2010 4 /EMCInsurance Companies Document A312 - 2010 Payment Bond CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principal Solential Energy Solutions,LLC place of business) 13277 N Illinois St,Ste 110 Employers Mutual Casualty Company This document has important legal Carmel,IN 46032 consequences. Consultation with an OWNER: attorney is encouraged with respect to its completion or modification. (Name,legal status and address) City of Carmel Utilities Any singular reference to Contractor,Surety, 30 W Main Street Ste 220 Owner or other party shall be considered Carmel,IN 46032 plural where applicable. CONSTRUCTION CONTRACT Date:12/18/2019 The Document A312-2010 combines two separate bonds,a Performance Bond and a Payment Bond,into one form. This is not a Amount:$1,551,572 single combined Performance and Payment Bond. Description: Ground mounted solar arrays Location 1 Hazel Dell'391kW.Location 2 Water Plant 674kW (Name and location) BOND Date:12/30/2019 (Not earlier than Construction Contract Date) Amount$1,551,572 Modifications to this Bond: ❑None See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company:Solential Energy Solutions,LLC (Corporate Seal) Company:Employers Mutual Casualty Company(Corporate Seal) Signature: Signature: 1 Name f 1T ij )`' ( Name Heather Barnett l`~J And Title:v ) -2,,,..),t)c s And Title: Attorney-in-Fact (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY-Nome,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) Brier Payne Meade Insurance,Inc. 10540 Marty St,Ste 160 Overland Park,KS 66212 Init. Document A312-2010 061110 5 • §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there Is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim:and .2 have sent a Claim to the Surety(at the address described in Section 13), §5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,stating the amounts that are:'ndisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement. If,however,the Surety fails to discharge its obligations under Section 7,1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. Init. Document A312-2010 6 . §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs. if the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials of equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Contraction Contract: .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil,gasoline, telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a • mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. §16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and all changes made to the agreement and the Contract Documents. Init. Document A312-2010 7 §16.4 Owner Default. Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. §17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §18 Modifications to this bond are as follows: This bond does not apply to any implied or stated efficiency performance guarantees,design guarantee and any consequential or actual damages. The warranty period covered by the bond is limited to a 1 year period from the date of acceptance. The warranty may be extended for 1 year annual intervals up to a total of 5 years at the option of the Surety,by bond rider only,and only upon receipt of acceptable underwriting information. (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Sea!) Signature: Signature: Name and Title: Name and Title: Address Address Init. Document A312-2010 This document conforms to the wording and provisions of the AIA A312-2010 bond form. 8 EM& P.O. Box 712•Des Moines,Iowa 50306-0712 INSURANCE POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company,an Iowa Corporation 4. Illinois EMCASCO Insurance Company,an Iowa Corporation 2. EMCASCO Insurance Company,an Iowa Corporation 5. Dakota Fire Insurance Company,a North Dakota Corporation 3. Union Insurance Company of Providence,an Iowa Corporation 6. EMC Property&Casualty Company,an Iowa Corporation hereinafter referred to severally as"Company"and collectively as"Companies",each does,by these presents,make,constitute and appoint: HEATHER BARNETT its true and lawful attorney-In-fact,with full power and authority conferred to sign,seal,and execute the following Surety Bond(s): Surety Bond Principal: Obligee: Number Solential Energy Solutions,LLC City of Carmel S014741 and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company,and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED:The President and Chief Executive Officer,any Vice President,the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to(1)appoint attorneys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto,bonds • and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof;and(2)to remove any such attorney-in-fact at any time and revoke the power and authority given to him or her.Attorneys-in-fact shall have power and authority,subject to the terms and limitations of the power-of-attorney Issued to them,to execute and deliver on behalf of the Company,and to attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and any such instrument executed by any such attorney-in-fact shall be fully and in all respects binding upon the Company.Certification as to the validity of any power-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company.The facsimile or mechanically reproduced signature of such officer,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power-ol-attorney of the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF,the Companies have caused these presents to be signed for each by their officers as shown,and the Corporate seals to b hereto affixed this 1st day of July , 2018 . Seals Pysol'\su,q,,., ,,°u+nr�,�,, ,,�P;;;.a;c4:., Bruce G. EO,Cha'an of ToddSVother to:'a��F�,.�f =o.;,wo�R;�;o' :o ._ �•R, �' Companies 2,3,4,5&6;President Senior Vice President '� •"' of Companies 1,2&6;Treasurer of • z gE SEAL ); z 1863�;o y ,, 1953 = ,: Companies 1,2,3,4&6 �- $s rows ;o z, :�: . °":: k h �0 • °: On this 1st day of July 2018 before me a Notary Public in and for the Stale ``,,SURAtiC•• •`�'µySuaAH .•,;;;,,,,"•, of Iowa,personally appeared Bruce G.Kelley and Todd Strother,who,being by me duly • C: .....P F ,, :5 . 4,r,''- sworn,did say that they are,and are known to me to be the CEO,Chairman,President and G `'iORq••,� 4:'.w'OA4��C P.,.,00,•%G ,�; :;: o : ; % Treasurer,and/or Senior Vice President,respectively,of each of the Companies above;that E.y: SEAL `<; --4::, SEAL <; I"s SEAL _o the seals affixed to this instrument are the seals of said corporations;that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective ;owx• •"°qrh 0,s4 , • ,,%,pours�-/ Boards of Directors;and that the said Bruce G.Kelley and Todd Strother,as such officers, , "' acknowledged the execution of said instrument to be their voluntary act and deed,and the voluntary act and deed of each of the Companies. KATHY LOVERIDGE My Commission Expires October 10,2022. i;OOnvnls&on Humber 700769 *Commission �01/2$ October 1 E Notary Publi in and for the State oO owa CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies,and this Power of Attorney issued pursuant thereto on 1st day of July , 2018 ,are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 18th day of December , 2019 . i3V Vice President 7851 (9-19) S014741 L7670 955 AC 005468-LL "For verification of the authenticity of the Power of Attorney you may call(515)345-2689."