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C
CONSTRUCTION AGREEMENT
This Construction Agreement ("Agreement") is entered into this _____ day of _________________, 2023, and is
effective between the City of Glendale, an Arizona municipal corporation ("City"), and McKinstry Essention, LLC,
a Washington limited liability company authorized to do business in the State of Arizona (“Contractor").
RECITALS
A.
City intends to undertake a project for the benefit of the public, with public funds, that is more fully set
forth in Exhibit A attached ("Project");
B.
City desires to retain the services of Contractor to perform those specific duties and produce the specific
work as set forth in the Project;
C.
City and Contractor desire to memorialize their agreement with this document.
AGREEMENT
The parties hereby agree as follows:
1.
Project.
1.1
Scope. Contractor will provide all services and material necessary to assure the Project is
completed timely and efficiently consistent with Project requirements, including, but not limited to,
working in close interaction and interfacing with City and its designated employees, and working
closely with others, including other contractors, providers or consultants retained by City.
1.2
Project Team.
a.
Project Manager. Contractor will designate an employee as Project Manager with sufficient
training, knowledge, and experience to, in the City's opinion, to complete the Project and
handle all aspects of the Project such that the work produced by Contractor is consistent
with applicable standards as detailed in this Agreement.
b.
Project Team.
(1)
The Project Manager and all other employees assigned to the Project by
Contractor will comprise the "Project Team."
(2)
Project Manager will have responsibility for and will supervise all other employees
assigned to the Project by Contractor.
c.
Sub-contractors.
(1)
Contractor may engage specific technical contractor (each a "Sub-contractor") to
furnish certain service functions.
(2)
Contractor will remain fully responsible for Sub-contractor's services.
(3)
Sub-contractors must be approved by the City, unless the Sub-contractor was
previously mentioned in the response to the solicitation.
(4)
Contractor shall certify by letter that contracts with Sub-contractors have been
executed incorporating requirements and standards as set forth in this Agreement.
2.
Schedule. The Project will be undertaken in a manner that ensures it is completed in a timely and efficient
manner. The Project shall be completed in accordance with the schedule contained in Exhibit A.
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3.
Contractor’s Work.
3.1
Standard. Contractor must perform services in accordance with the standards of due diligence,
care, and quality prevailing among contractors having substantial experience with the successful
furnishing of services and materials for projects that are equivalent in size, scope, quality, and other
criteria under the Project and identified in this Agreement.
3.2
Licensing. Contractor warrants that:
a.
Contractor and Sub-contractors will hold all appropriate and required licenses, registrations
and other approvals necessary for the lawful furnishing of services ("Approvals"); and
b.
Neither Contractor nor any Sub-contractor has been debarred or otherwise legally
excluded from contracting with any federal, state, or local governmental entity
("Debarment").
(1)
City is under no obligation to ascertain or confirm the existence or issuance of any
Approvals or Debarments or to examine Contractor's contracting ability.
(2)
Contractor must notify City immediately if any Approval or Debarment changes
during the Agreement’s duration and the failure of the Contractor to notify City as
required will constitute a material default of this Agreement.
3.3
Compliance.
a.
Services and materials will be furnished in compliance with applicable federal, state, county
and local statutes, rules, regulations, ordinances, building codes, life safety codes, or other
standards and criteria designated by City.
b.
Contractor must not discriminate against any employee or applicant for employment on
the basis of race, color, religion, sex, national origin, age, marital status, sexual orientation,
gender identity or expression, genetic characteristics, familial status, U.S. military veteran
status or any disability. Contractor will require any Sub-contractor to be bound to the
same requirements as stated within this section. Contractor, and on behalf of any
subcontractors, warrants compliance with this section.
3.4
Coordination; Interaction.
a.
If the City determines that the Project requires the coordination of professional services or
other providers, Contractor will work in close consultation with City to proactively interact
with any other contractors retained by City on the Project ("Coordinating Entities").
b.
Subject to any limitations expressly stated in the budget, Contractor will meet to review the
Project, schedules, budget, and in-progress work with Coordinating Entities and the City as
often and for durations as City reasonably considers necessary in order to ensure the timely
work delivery and Project completion.
c.
If the Project does not involve Coordinating Entities, Contractor will proactively interact
with any other contractors when directed by City to obtain or disseminate timely
information for the proper execution of the Project.
3.5
Hazardous Substances. Contractor is responsible for the appropriate handling, disposal of, and if
necessary, any remediation and all losses and damages to the City, associated with the use, release
or threat of release of any pollutant, contaminant or hazardous substances by Contractor in
connection with completion of the Project.
3.6
Warranties. At any time within two years after completion of the Project, Contractor must, at
Contractor’s sole expense and within 20 days of written notice from the City, uncover, correct and
remedy all defects in Contractor’s work. City will accept a manufacturer’s warranty on approved
equipment.
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3.7.
Bonds. Upon execution of this Agreement, and if applicable, Contractor must furnish Payment
and Performance Bonds as required under A.R.S. § 34-608.
4.
Compensation for the Project.
4.1
Compensation. Contractor's compensation for the Project, including those furnished by its Sub-
contractors will not exceed $10,216,669, as specifically detailed in Exhibit B ("Compensation").
4.2
Change in Scope of Project. The Compensation may be equitably adjusted if the originally
contemplated scope of services as outlined in the Project is significantly modified by the City.
a.
Adjustments to the Scope or Compensation require a written amendment to this
Agreement and may require City Council approval.
b.
Additional services which are outside the scope of the Project and not contained in this
Agreement may not be performed by the Contractor without prior written authorization
from the City.
c.
Notwithstanding the incorporation of the Exhibits to this Agreement by reference, should
any conflict arise between the provisions of this Agreement and the provisions found in
the Exhibits and accompanying attachments, the provisions of this Agreement shall take
priority and govern the conduct of the parties.
5.
Billings and Payment.
5.1
Applications.
a.
Unless Exhibit B (Compensation) dictates otherwise, the Contractor will submit monthly
invoices (each, a "Payment Application") to City's Project Manager and City will remit
payments based upon the Payment Application as stated below.
b.
The period covered by each Payment Application will be one calendar month ending on
the last day of the month.
5.2
Payment.
a.
After a full and complete Payment Application is received, City will process and remit
payment within 30 days.
b.
Payment may be subject to or conditioned upon City's receipt of:
(1)
Completed work generated by Contractor and its Sub-contractors; and
(2)
Unconditional waivers and releases on final payment from Sub-contractors as City
may reasonably request to assure the Project will be free of claims arising from
required performances under this Agreement.
5.3
Review and Withholding. City's Project Manager will timely review and certify Payment
Applications.
a.
If the Payment Application is rejected, the Project Manager will issue a written listing of
the items not approved for payment.
b.
City may withhold an amount sufficient to pay expenses that City reasonably expects to
incur in correcting the deficiency or deficiencies rejected for payment.
c.
Contractor will provide, by separate cover, and concurrent with the execution of this
Agreement, all required financial information to the City, including City of Glendale
Transaction Privilege License and Federal Taxpayer identification numbers.
d.
City will temporarily withhold Compensation amounts as required by A.R.S. § 34-221(C).
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6.
Termination.
6.1
For Convenience. City may terminate this Agreement for convenience, without cause, by
delivering a written termination notice stating the effective termination date, which may not be less
than 15 days following the date of delivery.
a.
Contractor will be equitably compensated any services and materials furnished prior to
receipt of the termination notice and for reasonable costs incurred.
b.
Contractor will also be similarly compensated for any approved effort expended and
approved costs incurred that are directly associated with Project closeout and delivery of
the required items to the City.
6.2
For Cause. City may terminate this Agreement for cause if Contractor fails to cure any breach of
this Agreement within seven days after receipt of written notice specifying the breach.
a.
Contractor will not be entitled to further payment until after City has determined its
damages. If City's damages resulting from the breach, as determined by City, are less than
the equitable amount due but not paid Contractor for Service and Repair furnished, City
will pay the amount due to Contractor, less City's damages.
b.
If City's direct damages exceed amounts otherwise due to Contractor, Contractor must pay
the difference to City immediately upon demand; however, Contractor will not be subject
to consequential damages more than $1,000,000 or the amount of this Agreement,
whichever is greater.
7.
Insurance. For the duration of the term of this Agreement, Contractor shall procure and maintain
insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of all tasks or work necessary to complete the Project as herein defined.
Such insurance shall cover Contractor, its agent(s), representative(s), employee(s) and any subcontractors.
7.1
Minimum Scope and Limit of Insurance. Coverage must be at least as broad as:
a.
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01,
including products and completed operations, with limits of no less than $1,000,000 per
occurrence for bodily injury, personal injury, and property damage. If a general aggregate
limit applies, either the general aggregate limit shall apply separately to this project/location
or the general aggregate limit shall be twice the required occurrence limit.
b.
Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code
1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property
damage.
c.
Worker’s Compensation: Insurance as required by the State of Arizona, with Statutory
Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per
accident for bodily injury or disease.
7.2
Other Insurance Provisions. The insurance policies required by Section 7.1 above must contain,
or be endorsed to contain the following insurance provisions:
a.
The City, its officers, officials, employees and volunteers are to be covered as
additional insureds of the CGL and automobile policies for any liability arising from or
in connection with the performance of all tasks or work necessary to complete the Project
as herein defined. Such liability may arise, but is not limited to, liability for materials, parts
or equipment furnished in connection with any tasks, or work performed by Contractor or
on its behalf and for liability arising from automobiles owned, leased, hired or borrowed
on behalf of the Contractor. General liability coverage can be provided in the form of an
endorsement to the Contractor’s existing insurance policies, provide such endorsement is
at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 23 37, if later
revisions are used.
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b.
For any claims related to this Project, the Contractor’s insurance coverage shall be
primary insurance as respects the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees or
volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it.
c.
Each insurance policy required by the Section shall provide that coverage shall not be
canceled, except after providing notice to the City.
7.3
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of no less than A: VII, unless the Contractor has obtained prior approval from the City stating that
a non-conforming insurer is acceptable to the City.
7.4
Waiver of Subrogation. Contractor hereby agrees to waive its rights of subrogation which
any insurer may acquire from Contractor by virtue of the payment of any loss. Contractor agrees
to obtain any endorsement that may be necessary to effect this waiver of subrogation. The
Workers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City
for all work performed by the Contractor, its employees, agent(s) and subcontractor(s).
7.5
Verification of Coverage. Within 10 days of the Effective Date of this Agreement, Contractor
shall furnish the City with original certificates and amendatory endorsements, or copies of any
applicable insurance language effecting the coverage required by this Agreement. All certificates
and endorsements must be received and approved by the City before work commences. Failure to
obtain, submit or secure the City’s approval of the required insurance policies, certificates or
endorsements prior to the City’s agreement that work may commence shall not waive the
Contractor’s obligations to obtain and verify insurance coverage as otherwise provided in this
Section. The City reserves the right to require complete, certified copies of all required insurance
policies, including any endorsements or amendments, required by this Agreement at any time
during the Term stated herein.
Contractor’s failure to obtain, submit or secure the City’s approval of the required insurance
policies, certificates or endorsements shall not be considered a Force Majeure or defense for any
failure by the Contractor to comply with the terms and conditions of the Agreement, including any
schedule for performance or completion of the Project.
7.6
Subcontractors. Contractor shall require and shall verify that all subcontractors maintain
insurance meeting all requirements of this Agreement.
7.7
Special Risk or Circumstances. The City reserves the right to modify these insurance
requirements, including any limits of coverage, based on the nature of the risk, prior experience,
insurer, coverage or other circumstances unique to the Contractor, the Project or the insurer.
7.8
Indemnification.
a.
To the fullest extent permitted by law, Contractor must defend, indemnify, and hold
harmless City and its elected officials, officers, employees and agents (each, an
"Indemnified Party," collectively, the "Indemnified Parties"), for, from, and against any and
all claims, demands, actions, damages, judgments, settlements, personal injury (including
sickness, disease, death, and bodily harm), property damage (including loss of use),
infringement, governmental action and all other losses and expenses, including attorneys'
fees and litigation expenses (each, a "Demand or Expense"; collectively, "Demands or
Expenses") asserted by a third-party (i.e., a person or entity other than City or Contractor)
and that arises out of or results from the breach of this Agreement by the Contractor or
the Contractor’s negligent actions, errors or omissions (including any Sub-contractor or
other person or firm employed by Contractor), whether sustained before or after
completion of the Project.
b.
This indemnity and hold harmless provision applies even if a Demand or Expense is in
part due to the Indemnified Party's negligence or breach of a responsibility under this
Agreement, but in that event, Contractor shall be liable only to the extent the Demand or
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Expense results from the negligence or breach of a responsibility of Contractor or of any
person or entity for whom Contractor is responsible.
c.
Contractor is not required to indemnify any Indemnified Parties for, from, or against any
Demand or Expense resulting from the Indemnified Party's sole negligence or other fault
solely attributable to the Indemnified Party.
8.
E-verify, Records and Audits. To the extent applicable under A.R.S. § 41-4401, the Contractor warrant
their compliance and that of its subcontractor with all federal immigration laws and regulations that relate to
their employees and compliance with the E-verify requirements under A.R.S. § 23-214(A). The Contractor
or subcontractor’s breach of this warranty shall be deemed a material breach of the Agreement and may
result in the termination of the Agreement by the City under the terms of this Agreement. The City retains
the legal right to randomly inspect the papers and records of the other party to ensure that the other party is
complying with the above-mentioned warranty. The Contractor and subcontractor warrant to keep their
respective papers and records open for random inspection during normal business hours by the other party.
The parties shall cooperate with the City’s random inspections, including granting the inspecting party entry
rights onto their respective properties to perform the random inspections and waiving their respective rights
to keep such papers and records confidential.
9.
No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the parties hereby
certify that they are not currently engaged in, and agree for the duration of the Agreement to not engage in,
a boycott of goods or services from Israel, as that term is defined in A.R.S § 35-393.
10.
Conflict. Contractor acknowledges this Agreement is subject to A.R.S. § 38-511, which allows for
cancellation of this Agreement in the event any person who is significantly involved in initiating,
negotiating, securing, drafting, or creating the Agreement on City's behalf is also an employee, agent, or
consultant of any other party to this Agreement.
11.
Attestation of PCI Compliance. When applicable, the Consultant will provide the City annually with a
Payment Card Industry Data Security Standard (PCI DSS) attestation of compliance certificate signed by an
officer of Consultant with oversight responsibility.
12.
Notices.
12.1
A notice, request or other communication that is required or permitted under this Agreement (each
a "Notice") will be effective only if:
a.
The Notice is in writing, and
b.
Delivered in person or by private express overnight delivery service (delivery charges
prepaid), certified or registered mail (return receipt requested).
c.
Notice will be deemed to have been delivered to the person to whom it is addressed as of
the date of receipt, if:
(1)
Received on a business day, or before 5:00 p.m., at the address for Notices
identified for the Party in this Agreement by U.S. Mail, hand delivery, or overnight
courier on or before 5:00 p.m.; or
(2)
As of the next business day after receipt, if received after 5:00 p.m.
d.
The burden of proof of the place and time of delivery is upon the Party giving the Notice.
e.
Digitalized signatures and copies of signatures will have the same effect as original
signatures.
12.2
Representatives.
a.
Contractor. Contractor's representative ("Contractor's Representative") authorized to act
on Contractor's behalf with respect to the Project, and his or her address for Notice
delivery is:
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McKinstry Essention, LLC
c/o Bryan Hanson
4835 East Cactus Road, Suite 100
Scottsdale, Arizona 85254
b.
City. City's representative ("City's Representative") authorized to act on City's behalf, and
his or her address for Notice delivery is:
City of Glendale
c/o
With required copies to:
City of Glendale
City of Glendale
City Manager
City Attorney
5850 West Glendale Avenue
5850 West Glendale Avenue
Glendale, Arizona 85301
Glendale, Arizona 85301
c.
Concurrent Notices.
(1)
All notices to City's representative must be given concurrently to City Manager
and City Attorney.
(2)
A notice will not be considered to have been received by City's representative until
the time that it has also been received by City Manager and City Attorney.
(3)
City may appoint one or more designees for the purpose of receiving notice by
delivery of a written notice to Contractor identifying the designee(s) and their
respective addresses for notices.
d.
Changes. Contractor or City may change its representative or information on Notice, by
giving Notice of the change in accordance with this section at least ten days prior to the
change.
13.
Financing Assignment. City may assign this Agreement to any City-affiliated entity, including a non-
profit corporation or other entity whose primary purpose is to own or manage the Project.
14.
Term.
The term of this contract is one year, which shall commence on the Effective Date of this Agreement. This
Agreement will terminate on the one-year anniversary of its Effective Date or when the City determines
construction is complete, in its sole unreviewable discretion, whichever is sooner.
15.
Entire Agreement; Survival; Counterparts; Signatures.
15.1
Integration. This Agreement contains, except as stated below, the entire agreement between City
and Contractor and supersedes all prior conversations and negotiations between the parties
regarding the Project or this Agreement.
a.
Neither Party has made any representations, warranties or agreements as to any matters
concerning the Agreement's subject matter.
b.
Representations, statements, conditions, or warranties not contained in this Agreement will
not be binding on the parties.
c.
Any solicitation, addendums and responses submitted by the Contractor are incorporated
fully into this Agreement as Exhibit A. Any inconsistency between Exhibit A and this
Agreement will be resolved by the terms and conditions stated in this Agreement.
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15.2
Interpretation.
a.
The parties fairly negotiated the Agreement's provisions to the extent they believed
necessary and with the legal representation they deemed appropriate.
b.
The parties are of equal bargaining position and this Agreement must be construed equally
between the parties without consideration of which of the parties may have drafted this
Agreement.
c.
The Agreement will be interpreted in accordance with the laws of the State of Arizona.
15.3
Survival. Except as specifically provided otherwise in this Agreement each warranty,
representation, indemnification and hold harmless provision, insurance requirement, and every
other right, remedy and responsibility of a Party, will survive completion of the Project, or the
earlier termination of this Agreement.
15.4
Amendment. No amendment to this Agreement will be binding unless in writing and executed by
the parties. Any amendment may be subject to City Council approval.
15.5
Remedies. All rights and remedies provided in this Agreement are cumulative and the exercise of
any one or more right or remedy will not affect any other rights or remedies under this Agreement
or applicable law.
15.6
Severability. If any provision of this Agreement is voided or found unenforceable, that
determination will not affect the validity of the other provisions, and the voided or unenforceable
provision will be reformed to conform to applicable law.
15.7
Counterparts. This Agreement may be executed in counterparts, and all counterparts will together
comprise one instrument.
16.
Dispute Resolution. Any controversy or claim arising out of or relating to this contract, or the breach
thereof, shall be settled by arbitration administered according to the American Arbitration Association’s
Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any
court having jurisdiction thereof.
17.
Exhibits. The following exhibits, with reference to the term in which they are first referenced, are
incorporated by this reference.
Exhibit A
Project
Exhibit B
Compensation
Exhibit C
Section 3 Clause Applicability
(The remainder of this page left blank intentionally. Signatures appear on the following page.)
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The parties enter into this Agreement as of the date shown above.
City of Glendale,
an Arizona municipal corporation
_____________________________________
By:
Its: City Manager
ATTEST:
Julie K. Bower
(SEAL)
City Clerk
APPROVED AS TO FORM:
Michael D. Bailey
City Attorney
McKinstry Essention, LLC
a Washington Corporation
_____________________________________
By: Bryan Hanson
Its: Regional Vice President
WOMEN-OWNED/MINORITY BUSINESS [ ] YES [ ] NO
X
EXHIBIT A
CONSTRUCTION AGREEMENT
SCOPE OF WORK
See attached.
EXHIBIT B
CONSTRUCTION AGREEMENT
COMPENSATION
METHOD AND AMOUNT OF COMPENSATION
Progress payments, 20% mobilization; See Exhibit 6 for Proposed Billing Schedule
NOT-TO-EXCEED AMOUNT
The total amount of compensation paid to Contractor for full completion of all work required by the Project during
the entire term of the Project must not exceed $10,216,669.
DETAILED PROJECT COMPENSATION
PAYMENT SCHEDULE AND SCHEDULE OF VALUES
Project Cost Details:
The total contract value is $10,216,669
Total Construction Cost:
$ 9,667,888
TPT Tax:
$
548,781
Total Project Cost:
$ 10,216,669
***See Exhibit 5: "Schedule of Values" in Construction Agreement Attachment***
The “Proposed Billing Schedule” demonstrates the billing schedule anticipated for the project based on project
milestones and completion targets for installation of the Work as defined in this Contract. Payment terms are net 30
days from receipt of invoice. This billing schedule is based on timeline milestones, and the actual billing schedule
may differ based on individual measures, commencement and completion dates.
***See Exhibit 6: "Proposed Billing Schedule" in Construction Agreement Attachment***
The addition or use of contingency funds to a project may impact or modify the completion date, utility savings, the
guarantee of savings, project collateralization, operation and maintenance requirements, training requirements, and
other items.
Contingency: At the conclusion of the Work, any unused funds will either be returned to City or may be used to
accomplish additional work if the parties agree to such additional work in a signed, written contract amendment.
McKinstry labor rates is provided in Exhibit 7 for reference only. The cost of any additional work will utilize these
rates for McKinstry labor.
***See Exhibit 7: "Labor Rate" in Construction Agreement Attachment***
EXHIBIT C
SECTION 3 CLAUSE APPLICABILITY
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Table 1: Solar PV System Summary
Site
System Capacity
(kW-DC)
GRPSTC - North GM Meter R73181
75.6
GRPSTC - South GM Meter R69277
56.7
GRPSTC - West Canopy
231.1
Civic Center Carport Only
180.9
FRAC Carport Only
622.1
Portfolio Total
1,166.4
Figure 1: FRAC CANOPY
Figure 2: CIVIC CENTER CANOPY
2
Figure 3: GRPSTC NORTH GROUND MOUNT
Figure 4: GRPSTC SOUTH GROUND MOUNT
3
Figure 5: GRPSTC WEST CANOPY
Table 2: Solar PV O&M Scope Outline
Introductory Call
Establish main points of contact and discuss key process milestones/outcomes.
Record Control
Request and manage record documentation.
DAS Setup
Establish access to the DAS. Verify metadata, project, equipment information, and expected production model are
configured in the software form. Configure automatic alarms, performance threshold triggers, and notification groups.
Issue Notification
Notify the Owner of any issues detected.
Monitoring & Remote
Issue Diagnosis
Monitor system for alerts and production issues days per week, track service tickets, and contact client for dispatch
approval as needed. Perform symptom detection and root cause diagnostics remotely to identify issues and provide a path
to resolution.
Performance Report
Report actual production, expected production, alarm summary and system downtime in a standard template on a
monthly and annual basis.
Annual Performance
Review
Annual meeting with Owner to discuss asset health, annual production report and connect on overall City satisfaction.
Table 3: Solar PV Preventative Maintenance Inspections
Site Inspection
Site Condition. Inspect and photo-document general condition of the site and inspect site for vegetation growth or
4
accumulation which could shade arrays and impact PV production.
Roof Condition. Inspect and photo-document general roof conditions. Document any signs of water pooling, water
intrusion or roof membrane abrasion.
Pest Infestations. Inspect and photo-document evidence of any wildlife or pest infestations on the project site noting
locations.
Safety Equipment and Placards. Confirm location and charge of fire extinguishers. Verify applicable signage and
placards are present and legible. Photo-document any deficiencies noting locations.
Erosion and Drainage. Inspect project site for evidence of erosion greater than 3" wide and 3" deep, or which could
reasonably be expected to hamper safety or project serviceability. Photo-document areas impacted by erosion noting
locations.
Roads, Fences, Gates, Lighting, Security. Inspect and photo-document condition of any roads to access or traverse the
project site. Inspect perimeter fences and gates for integrity and security. Inspect any lighting fixtures on project site.
Inspect any security cameras or devices on project site for integrity and evidence of vandalism.
Housekeeping. Inspect project site for excessive rubbish or debris buildup. Remove reasonable amounts of rubbish and
debris. Photo-document excessive amounts noting locations.
DC/Racking Inspections
Arrays. Inspect arrays for soiling, evidence of pest infestation, water pooling, vegetation growth, shading or damage.
Photo-document general condition of each array, noting location of any issues requiring remediation beyond PM visit
time allocation.
Racking Structures, Ballast Blocks. Inspect for mechanical integrity, corrosion, settling, damage, pest infestation, and
any condition impacting safety, performance, or serviceability. Photo-document general conditions and any
abnormalities.
DC Combiners, Disconnects and Raceways. Inspect enclosures and raceways for mechanical integrity, corrosion,
damage, and evidence of overheating, moisture intrusion, or pest infestation. Verify proper operation of DC
disconnects.
Modules. Inspect for integrity of electrical and ground connections, wire management, visible defects or damage, and
proper and secure attachment to racking structures or trackers. Photo-document any damaged modules, noting
locations and serial numbers.
Surge Protection Devices. Determine status of SPDs through visual inspection or electrical testing as required by device
manufacturer. Note deficiencies.
Grounding System
Inspection
Inspect grounding system connections for mechanical and electrical integrity, corrosion, and damage. Spot check
torques.
Inverter Inspections
Visual Inspection. Inspect enclosures for corrosion, damage, mechanical integrity, and evidence of overheating,
moisture intrusion, or pest infestation. Open inverter termination cabinets, inspect for discoloration, signs of arcing or
faults, and defects. Inspect inverter display screens for cracking or evidence of thermal fatigue. Verify proper operation
of inverter circuit breakers. Verify fan operation, filter condition, and proper cooling airflow. Clean fans, heat sinks, and
clean or replace filters as necessary to ensure optimal cooling. Photo-document each inverter during inspection, and
before and after any corrective actions.
Warranty Preservation. Perform all inspections and preventative maintenance procedures required by the
manufacturer. Adequately document required inspections & service procedures to preserve inverter warranties.
IR Inspection (if necessary). Capture IR images of inverter terminations if able. Capture before and after IR images of
any corrective actions.
AC Inspections
Visual Inspection. Inspect AC combiners, disconnects and raceways for mechanical integrity, corrosion, damage, and
evidence of overheating, moisture intrusion, or pest infestation. Verify proper operation of AC disconnects and
breakers.
IR Inspection (if necessary). Capture IR images of Low Voltage AC Combiners if able. Note any connections displaying
high resistance heat. Capture before and after IR images of any corrective actions.
DAS Inspection
Visual Inspection. Inspect DAS enclosures and raceways for mechanical integrity, corrosion, damage, and evidence of
overheating, moisture intrusion, or animal nesting.
Meteorological Sensors. If present, visually inspect sensors to verify secure mounting, cleanliness and obstructions.
Clean the dome or window of irradiance sensors per the manufacturer’s recommended procedure even if there is no
apparent soiling. If a soiling station is installed, wash the “clean” module and photo-document the station.
Module Temperature Sensor. Inspect back of module temperature sensor to ensure proper and secure attachment.
Re-attach sensor if improperly secured.
Table 4: Solar PV Corrective Maintenance Summary
Corrective Maintenance
Field service or replacement of any installed equipment that is found to be defective. Costs for damage and/or services
outside of the Original Equipment Manufacturer (OEM) warranty will be added to the service order.
Refurbished, reconditioned, or non-original parts may be used to repair the system if their use does not violate the
requirements of the equipment warranties.
5
Warranty Management
If the defective product is under warranty, McKinstry will implement any necessary tasks to facilitate the warranty
claim process, including logistical coordination for returning defective equipment or receiving replacements. Any costs
associated with warranty management will be added to the service order proposal. Any monetary credits obtained as
part of the OEM warranty will be deducted from the service order repair bill or passed through directly to the Owner.
Guaranteed Response
Times
Location Dependent. Can be negotiated upon request.
Figure 6: Corrective Maintenance Workflow
6
Figure 7: Project Construction Schedule
7
8
9
Exhibit 1: NOTICE OF PARTIAL SUBSTANTIAL AND FINAL SUBSTANTIAL COMPLETION
Notice of Substantial Completion
Date of Notice ___________
Notice is hereby given that City accepts the installed equipment for ECM ________________ and
establishes a warranty period start date of ______________.
_____________ City
By ____________________________
Date
________________
When completely executed, this form is to be sent by certified mail to MCKINSTRY by City.
10
Exhibit 2: NOTICE OF FINAL ACCEPTANCE
Notice of Final Acceptance
Notice of Final Acceptance
Date of Notice ___________
Notice is hereby given that City accepts the Project and establishes a Performance Commencement Date of
______________.
City
By ____________________________
Date_________________________
When completely executed, this form is to be sent by certified mail to MCKINSTRY by City.
11
Exhibit 3: NOTICE OF COMMENCEMENT OF PERFORMANCE PERIOD
Notice of Commencement of Performance Period:
Notice of Commencement:
Date of Notice ___________
Notice is hereby given that City accepts the Project and establishes an Energy Performance
Commencement Date of ______________.
City Name
By ____________________________
Date
When completely executed, this form is to be sent by certified mail to McKinstry by City.
12
Exhibit 4: BOND CLARIFICATION COVERAGE
Contractor shall furnish performance and payment Bonds, each in an amount equal to the Construction
Cost. The Bonds shall cover completion of the physical work per the approved design and shall not
guarantee or warranty efficiency or system performance. The Bonds shall not cover any obligation of the
contractor to ensure that the work as constructed will result in any particular level of energy savings. Any
suit on the Bonds must be brought within the period of one (1) year after substantial completion, as
defined in the contract; provided, however, that if this suit limitation is 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.
CITY NAME:
ATTACHMENT FOR THE SPECIFIC CONTRACT TITLED:
By:
Printed Name:
Title:
Date:
Exhibit 5: Schedule of Values
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Exhibit 6: Proposed Billing Schedule
Proposed Billing Schedule
Percent Complete
Estimated Value
May 2023
20%
$2,088,591.60
June 2023
5%
$522,147.90
July 2023
5%
$522,147.90
August 2023
5%
$522,147.90
September 2023
5%
$522,147.90
October 2023
5%
$522,147.90
November 2023
5%
$522,147.90
December 2023
10%
$1,044,295.80
January 2024
10%
$1,044,295.80
February 2024
10%
$1,044,295.80
March 2024
10%
$1,044,295.80
April 2024
5%
$522,147.90
May 2024
5%
$522,147.90
June 2024
5%
$522,147.90
Total Scheduled Value
100%
$10,442,958.00
Exhibit 7: Labor Rates
Position Classification
Classification Level
Hourly Rate
Office Administrative
A
$90
Project Administrative
B
C
$110
$130
Staff
D
E
F
$180
$190
$210
Senior
G
H
$230
$260
Director
I
J
K
$270
$290
$310