2_CSUB_RFP_Riders.pdf

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Attached to
CSUB Solar & Battery Advanced Shovel-Ready SLPPA
Solicitation number
0000039798
Issued by
Kern County, Kernville CDP, California

About this file

This document contains the Request for Proposal (RFP) riders and attachments for a Site License Power Purchase Agreement (SLPPA) issued by the Trustees of the California State University on behalf of California State University, Bakersfield (CSUB) for a solar and battery energy storage project. The RFP solicits proposals from qualified providers to finance, construct, own, operate, and maintain a 4.55 megawatt direct current (MWdc) photovoltaic system with a 2.93 megawatt (MW) / 11.75 megawatt-hour (MWh) battery energy storage system at CSUB's campus located at 9001 Stockdale Highway, Bakersfield, California. The project site encompasses approximately 14.47 acres and will be interconnected to Pacific Gas & Electric (PG&E) at 21.6 kilovolts behind-the-meter with non-export capability. A mandatory job walk is scheduled for August 5, 2026, at 9:00 a.m., with written technical questions due by August 12, 2026, at 5:00 p.m. Proposals must be submitted by September 16, 2026, before 3:00 p.m., with bid opening on September 17, 2026. The notice of intent to award is anticipated for September 23 through October 6, 2026, followed by pre-Notice to Proceed activities and a required project completion date of December 1, 2027. The SLPPA will have a 20-year term commencing from the commercial operation date.

The successful proposer must include a bundled project advancement and procurement cost of $5,745,215.92 in its PPA pricing, consisting of a pre-Notice to Proceed project advancement payment of $1,996,087.70 due during November 18-24, 2026, and post-Notice to Proceed vendor-schedule procurement obligations of $3,749,128.22. The proposer must also account for a separate CSU transaction fee of seven percent of the construction-cost base, which shall be included in PPA pricing. Year 1 solar production is guaranteed at 7,675,565 kilowatt-hours, representing 90 percent of P50 with expected curtailment included, with 0.50 percent annual degradation thereafter. The battery energy storage system must maintain annual availability of at least 98 percent. If actual annual solar production falls below the guaranteed amount after applying measurement rules and exclusions, the provider must compensate the Trustees using a formula that calculates the shortfall in kilowatt-hours multiplied by the difference between the average campus utility rate and the SLPPA price. Liquidated damages of $3,500 per calendar day apply for failure to achieve project completion by December 1, 2027. The primary contractor must hold current California Contractors State License Board Class A–General Engineering and C-10–Electrical Contractor classifications and possess medium-voltage experience at 12 kilovolts or higher, protective relay configuration and programming experience, non-export and reverse-power control expertise, intentional island operation capability, battery energy storage controls integration experience, and commissioning or acceptance testing experience.

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CSUB Solar & Battery Advanced Shovel-Ready RFP11108

RFP Riders / Attachments

RIDER A-1 - MAP / PREMISES LOCATION / LICENSED AREA

Project Site.

The Licensed Area is the CSUB Solar & Battery Project area located at California State University, Bakersfield, 9001

Stockdale Highway, Bakersfield, California, generally consisting of the approximately 14.47-acre fenced solar and battery project area shown in the RFP Project Documents.

Map Basis.

The Licensed Area map is based on the 90% IFP Site Plan / Sheet E-9 included in the RFP Project Documents. The final issued site exhibit may be replaced by Trustees with a cleaned exhibit or survey-based license-area exhibit without changing the commercial structure of the SLPPA.

If there is a conflict between this rider and the final Trustees-approved site exhibit, the final Trustees-approved site exhibit shall control for map boundaries and access depiction only.

RIDER A-2 - GENERATION SUMMARY AND KNOWN SITE RESTRICTIONS

Item Requirement

PV System 4.55 MWdc / 3.5 MWac ground-mounted solar PV system.

BESS 2.93 MW / 11.75 MWh battery energy storage system using three

Tesla Megapack 2 XL units.

Utility / Interconnection PG&E; 21.6 kV behind-the-meter non-export. PG&E interconnection approval has been received for the current Project configuration based on current utility documentation; remaining pre-parallel inspection (PPI), non-export verification, commissioning/testing, documentation, and PTO requirements remain.

PPA Term 20 years from Commercial Operation / PTO / Project Completion, subject to the SLPPA.

Required PTO / Project Completion December 1, 2027.

Solar Production Guarantee Year 1 guaranteed production is 7,675,565 kWh, 90% of

P50, inclusive of expected curtailment; 0.50% annual degradation thereafter, subject to RFP Attachment A and

Attachment B / Rider C measurement rules and exclusions for excused curtailment and other excluded events.

Curtailment PV curtailment may be up to approximately 25% initially and is expected to reduce over time as campus load, operations, and dispatch conditions evolve. PG&E curtailment and insufficient campus load under the non-export configuration are addressed as exclusions in

Attachment B / Rider C and are not treated as proposer-caused production shortfalls except to the extent Rider C expressly provides otherwise.

Microgrid / Controls Aderis Energy SCADA/Monitoring, SEL Microgrid

Controller, Energy Toolbase, revenue-grade metering, and non-export controls. CSUB is responsible for selecting campus loads to be shed and for campus-side

SEL relay work, campus fiber, or related campus-side infrastructure. No microgrid control of the existing solar carports is required by PG&E, but SLPPA Provider may need to account for control if needed.

Solar Inverters Ten CPS 350 kW 800V inverters.

Known Site Restrictions

• Work must account for existing campus utilities, irrigation, sewer, water/fire lines, hydrants, fire access, fencing, gates, access roads, and campus operating restrictions.

• Geotechnical recommendations from the Krazan February 12, 2026 geotechnical report apply, including surface-soil preparation, utility/trench risk, corrosivity considerations, and field verification.

• No construction may begin until Trustees issue Notice to Proceed and all required pre-NTP conditions are satisfied.

• Provider must coordinate with Trustees, campus operations, PG&E, fire/life-safety authorities, inspectors, and other authorities having jurisdiction.

RIDER B-1 - SLPPA GENERAL CONDITIONS

If required by Trustees or CSU, the applicable standard CSU Solar 4 SLPPA General Conditions shall be incorporated as Rider B-1. Rider B-1 is preserved as a standard CSU form and is not intended to override project-specific commercial terms in the RFP, SLPPA, Rider B-2, Rider C, Rider E, Rider I, or any addendum.

In the event of a conflict between Rider B-1 and the project-specific terms of the SLPPA, Rider B-2, Rider C, Rider E, Rider I, or an RFP Addendum, the project-specific document shall control to the extent permitted by Trustees and applicable CSU requirements.

Any prior Solar 4 template language inconsistent with the Project, including superseded document-sharing terminology, early design-phase assumptions, interim purchase-option pricing, storage-services-only assumptions, peak-demand-reduction-only assumptions, or solar-only assumptions, is superseded by the final RFP, SLPPA, project-specific riders, and addenda.

RIDER B-2 - UNIVERSITY SPECIFIC SUPPLEMENTAL CONDITIONS

This Rider B-2 supplements and, where expressly inconsistent, supersedes generic Solar 4 form language for the CSUB

Solar & Battery Project.

Project-Specific Conditions

• The Project is an advanced shovel-ready solar PV and BESS SLPPA/PPA project based on developed RFP Project

Documents, not a generic early-stage Solar 4 project.

• The legal document categories are RFP Project Documents and Post-Award Assignment Materials. File locations used to distribute documents do not create separate contractual categories.

• RFP Project Documents will be made available through Trustees' designated Box link:

https://csub.box.com/s/lmk6wvrojrja7wq1va8igmjyom8xrq1x. Trustees may update or supplement RFP Project

Documents only through written addendum or other written procurement instruction.

• The Successful Proposer shall include the Bundled Project Advancement and Procurement Cost of $5,745,215.92 in its PPA pricing.

• The Pre-NTP Project Advancement Payment is $1,996,087.70 and is due during the anticipated November 18-24, 2026 pre-NTP payment window before Trustees issue Notice to Proceed. It includes pre-award development, studies, surveys, actual CEQA cost of $177,525.00, building permit/plan check of $20,000.00, CSUB services/in-house work of $7,500.00, and the paid Tesla battery deposit.

• Post-NTP / Vendor-Schedule Procurement Obligations are $3,749,128.22 and are paid, assumed, or performed according to applicable GSR/Tesla/vendor procurement documents and assignment materials.

• The CSU Transaction Fee is separate from the bundled cost as a payment obligation and equals seven percent (7%) of the Construction-Cost Base, as defined in the RFP and SLPPA. The Construction-Cost Base includes

BESS/battery equipment and installed physical Project costs counted once, but the Bundled Project Advancement and Procurement Cost shall not be added again as a duplicate separate line item. The CSU Transaction Fee shall be included by Proposer in its PPA pricing and is not payable separately unless expressly approved by written amendment.

• A fifteen percent (15%) Tesla battery deposit was paid on or about June 17, 2026 to secure the Tesla battery package and preserve the Project delivery schedule.

• The Tesla Megapack BESS package is mandatory unless Trustees approve otherwise by addendum or written amendment. Separately tabbed alternates may be submitted for consideration, but the base proposal must price the specified Project and may not be conditioned on acceptance of any alternate.

• The selected PPA Provider shall reasonably accommodate CSUB academic and research activities as described in the RFP and SLPPA, subject to safety, operational, warranty, cybersecurity, vendor-access, maintenance, interconnection, insurance, and site-security requirements.

• Proposers shall include all applicable taxes, including any battery-related sales, use, procurement, delivery, or vendor taxes, in PPA pricing. No separate tax pass-through, reimbursement, or price adjustment is permitted unless expressly provided in the SLPPA or approved by written amendment.

• Primary Contractor licensing and experience requirements are governed by the RFP and SLPPA. The Primary

Contractor must hold current and active CSLB Class A - General Engineering and C-10 - Electrical Contractor classifications as of the proposal submission deadline. A Class B - General Building license does not satisfy the

Primary Contractor requirement, and C-46 is not an acceptable substitute for C-10.

• Primary Contractor and committed-team minimum qualifications are pass/fail, including medium-voltage experience at 12 kV or higher, protective relay configuration/programming, non-export and reverse-power control, intentional island operation, BESS controls integration, and commissioning or acceptance testing experience.

Experience above the mandatory floor is scored under the RFP evaluation criteria.

RIDER C - PERFORMANCE GUARANTEE

Solar Production Guarantee.

Provider shall guarantee annual solar production according to the schedule below. Year 1 guaranteed production is

7,675,565 kWh, representing 90% of P50 and inclusive of expected curtailment. Annual degradation is 0.50%.

Contract Year Guaranteed Solar Production (kWh)

1 7,675,565

2 7,637,187

3 7,599,001

4 7,561,006

5 7,523,201

6 7,485,585

7 7,448,157

8 7,410,916

9 7,373,861

10 7,336,992

11 7,300,307

12 7,263,805

13 7,227,486

14 7,191,349

15 7,155,392

16 7,119,615

17 7,084,017

18 7,048,597

19 7,013,354

20 6,978,287

Solar Shortfall Remedy.

If actual annual solar production is less than the applicable Contract Year guarantee after applying Rider C measurement rules and exclusions, Provider shall compensate Trustees for the shortfall using the formula: Shortfall kWh x (Average Campus Utility Rate - SLPPA Price). 'Average Campus Utility Rate' means, for the applicable

Contract Year, the fully loaded avoided utility cost for University retail electric service, expressed in $/kWh, calculated using the applicable Utility tariff(s), actual campus utility bills, billing determinants, interval meter data, and the account(s) the System serves or offsets. The rate shall include all retail utility charges that would reasonably have been avoided by the same quantity and timing of System production or shortfall kWh, including generation or commodity charges, energy procurement charges, transmission charges, distribution charges, public purpose program charges, nuclear decommissioning charges, competition transition charges, wildfire charges, DWR or bond charges, non-bypassable charges, volumetric taxes, franchise fees, surcharges, and other kWh-based or usage-related retail utility charges, in each case to the extent applicable to University service and avoidable by System production. Fixed customer charges, minimum charges, deposits, interconnection charges, financing charges, late charges, penalties, one-time extraordinary charges or credits, and other charges not reduced by System production are excluded. Demand charges, standby charges, and other non-kWh charges are included only to the extent Trustees reasonably determine, using applicable billing determinants, interval data, and the applicable tariff, that the specific charge was actually and quantifiably avoided by System production or increased by the shortfall kWh during the applicable billing interval. If multiple accounts or rate schedules apply, Trustees shall calculate a reasonable weighted average based on the affected accounts, rate schedules, time periods, and kWh usage. Trustees shall provide reasonable supporting documentation from applicable campus utility bills, tariffs, billing determinants, and interval data with any annual shortfall calculation.

For this formula, 'SLPPA Price' means the applicable Contract Year Price under the SLPPA. No payment is due if the

Average Campus Utility Rate is equal to or lower than the SLPPA Price.

BESS Availability.

Provider shall maintain annual BESS availability of at least 98%. Battery availability means the percentage of time during which the BESS is operational, communicating, not in fault condition, and capable of charging or discharging in accordance with approved EMS dispatch instructions, subject to Tesla warranty and preventive maintenance requirements. Battery capacity degradation, usable energy capacity, and warranty-backed performance are governed by the Tesla warranty and preventive maintenance requirements. Ordinary battery degradation within Tesla warranty requirements is not an availability failure.

Dispatch and Controls.

Provider shall maintain ETB/EMS dispatch functionality, microgrid/site-controller functionality, non-export controls, monitoring, data logging, and reporting. Provider shall not guarantee dollar savings or demand-charge savings unless expressly accepted in Rider C.

Measurement and Verification.

Performance shall be measured using revenue-grade metering, monitoring data, accepted commissioning records, annual reports, and methods stated in Rider C. True-up shall occur annually unless Rider C provides a shorter process for safety, availability, or chronic underperformance.

Exclusions.

Excused events include utility outage, PG&E curtailment, PTO/interconnection restriction, Trustees-directed shutdown or curtailment, insufficient campus load under non-export configuration, campus electrical outage, Force Majeure, emergency shutdown, safety-related shutdown, manufacturer-required BESS maintenance, warranty-required derate, BESS HVAC or thermal-protection event not caused by SLPPA Provider breach, approved maintenance, Trustees breach, or other exclusions stated in Rider C. Energy excluded under this paragraph is not counted in Shortfall kWh and does not create a Solar Shortfall Payment, except to the extent Rider C expressly provides otherwise.

Remedies and Cure Rights.

Rider C shall state remedies for solar production shortfall, BESS availability shortfall, BESS dispatch/control failure, reporting failure, and chronic underperformance, including cure rights and annual true-up.

No Double Counting.

Solar shortfall remedies, In Lieu of Electricity Payments, liquidated damages, and other remedies shall be applied without duplication. The same lost, curtailed, deemed, or undelivered kWh shall not be used both to require payment from Trustees to SLPPA Provider and to require a Solar Shortfall Payment from SLPPA Provider to Trustees.

RIDER D - OPERATIONAL ACCESS PROCEDURES

• Construction access is subject to Trustees-approved site, safety, security, parking, staging, utility, and campus-operating procedures.

• Normal non-emergency access requires reasonable advance notice to Trustees. Emergency access is permitted

24/7, with immediate notice to Trustees and written follow-up within 24 hours.

• Provider shall coordinate gate, key, card, Knox box, emergency responder, and site-security procedures with

Trustees.

• Provider shall maintain fire access, hydrant access, vegetation clearance, gates, fencing, access roads, and emergency response features in accordance with approved plans and applicable requirements.

• Electrical shutdowns, switching, relay/control work, POI work, substation work, or work affecting campus distribution requires advance Trustees coordination and approval.

• Academic and research access is supervised and subject to safety, operational, warranty, cybersecurity, vendor, maintenance, insurance, interconnection, and site-security requirements.

RIDER E - PROJECT SCHEDULE

Milestone Date / Window

Issue / Advertise RFP Issue July 15, 2026; public advertising/posting July 15-

August 4, 2026; proposal period remains open through

September 16, 2026

Mandatory Job Walk August 5, 2026 at 9:00 a.m. at the job walk meeting location shown in RFP Attachment E - Site Walk and

Parking Instructions

RFI Deadline August 12, 2026 by 5:00pm

RFI Responses / Addenda August 19, 2026

Proposals Due September 16, 2026 before 3:00pm

Bid Opening September 17, 2026

Review & Score Bidders September 18-22, 2026

Intent to Award September 23-October 6, 2026

Vendor Signs SLPPA / Provides COIs October 7-27, 2026

Campus Signatures October 28-November 3, 2026

OGC Review / Approval / Execution November 4-17, 2026

Pre-NTP Project Advancement Payment Window November 18-24, 2026

Notice to Proceed November 25-26, 2026

Required PTO / Project Completion December 1, 2027

Liquidated damages of $3,500 per calendar day apply for failure to achieve PTO / Project Completion by December 1, 2027, subject to relief events in the SLPPA and Rider C.

RIDER F - BOND FORMS

Trustees require both a payment bond and a performance bond for the initial physical construction/installation work.

Delivery of the required bonds is a condition to Notice to Proceed. Each bond shall be in an amount equal to one hundred percent (100%) of the Trustees-approved bondable physical installation/construction work cost, excluding the full 20-year PPA value, major equipment procurement, Tesla/GSR/BESS procurement, financing, tax-equity costs, developer return, and long-term O&M unless Trustees expressly require otherwise in writing.

PAYMENT BOND

Contract No. 11108

Know All Persons by These Presents:

THAT WHEREAS, the State of California acting by and through the Trustees of the California State University, hereinafter called the Trustees, has awarded to Contractor

Address

City, ST Zip as Principal, hereinafter designated as the "Contractor," a Contract for the Work described as follows:

Project Number: PR1467

Project Name: CSUB Solar & Battery Project

University: California State University, Bakersfield

AND WHEREAS, the Contractor is required to furnish a bond in connection with said Contract, to secure the payment of claims of laborers, mechanics, and other persons, as provided by law:

NOW, THEREFORE, we the undersigned Contractor and Surety are held and firmly bound unto the State of California through the said Trustees in the amount required by law, in the sum of: [100% of the Trustees-approved bondable physical installation/construction work cost], for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION of this obligation is such, That if the Contractor, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons referred to in Civil Code section 9100 or amounts due under the Unemployment Insurance

Code with respect to work or labor performed by any such claimant, that the Surety or Sureties herein will pay for the same, in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought on this bond, the said Surety will pay a reasonable attorney fee to be fixed by the court.

This bond shall inure to the benefit of any of the persons referred to in Civil Code section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. Any such right of action shall be subject to the provisions of Civil Code sections 8608 and 9566.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ____ day of ______________, 20__.

CONTRACTOR AS PRINCIPAL

Contractor Name: ____________________________________

Contractor Address: _________________________________

By: ____________________________________ (SEAL)

SURETY

Surety Name: ____________________________________

Surety Address: _________________________________

By: ____________________________________ (SEAL)

Signatures executed on behalf of the Surety must be properly acknowledged.

PERFORMANCE BOND

Contract No. 11108

Know All Persons by These Presents:

THAT WHEREAS, the State of California acting by and through the Trustees of the California State University, hereinafter called the Trustees, has awarded to Contractor

Address

City, ST Zip as Principal, hereinafter designated as the "Contractor," a Contract for the Work described as follows:

Project Number: PR1467

Project Name: CSUB Solar & Battery Project

University: California State University, Bakersfield

AND WHEREAS, the Contractor is required to furnish a bond in connection with said Contract, guaranteeing the faithful performance thereof:

NOW, THEREFORE, we the undersigned Contractor and Surety are held and firmly bound unto the State of California through the said Trustees in the sum of: [100% of the Trustees-approved bondable physical installation/construction work cost], to be paid to the said Trustees, State or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION of this obligation is such, That if the above bounden Contractor, his, her, or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the foregoing contract and any alteration thereof made as therein provided, on his, her, its or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the State of California, its officers and agents, as therein stipulated, then this obligation shall become and be null and void; otherwise, it shall be and remain in full force and virtue.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ____ day of ______________, 20__.

CONTRACTOR AS PRINCIPAL

Contractor Name: ____________________________________

Contractor Address: _________________________________

By: ____________________________________ (SEAL)

SURETY

Surety Name: ____________________________________

Surety Address: _________________________________

By: ____________________________________ (SEAL)

Signatures executed on behalf of the Surety must be properly acknowledged.

CERTIFICATION

Contract No. 11108

Project No. PR1467

This is to certify that I am the ______________________________ of ______________________________.

Company Type/Certification Statement (check one):

[ ] Corporation: The attached resolution is a true and accurate copy, as the same appears in the Minutes of the Board of

Directors of the Corporation; and that said resolution was duly adopted by the Board of Directors of the Corporation at its meeting on ______________________.

[ ] Limited Liability Company (LLC): The attached Articles of Organization is a true and accurate copy, as filed with the Secretary of State on ______________________.

Dated: ______________________ Signature: ______________________________

Title of person making certification: ______________________________

IMPORTANT NOTE: Be sure to attach to this certification a copy of the resolution authorizing a person to execute

Contract Documents or to execute a bid submittal. If attaching more than one resolution, modify the form to reflect that fact.

End of Rider F

RIDER G - TRUSTEES CONSENT AND ESTOPPEL CERTIFICATE TEMPLATE

(THE "CERTIFICATE")

EXAMPLE: SUBJECT TO NEGOTIATION PURSUANT TO SECTIONS 12.3 AND 12.4 OF THE SLPPA.

Definitions: Except as specifically provided to the contrary in this Certificate, all defined terms in this Certificate shall have the same definition as set forth in Article 1 of the Agreement as defined below.

Premises: The Licensed Area, as defined in the Agreement, located on the premises of California State University, Bakersfield.

License. The Solar and Battery Site License Power Purchase Agreement, as further amended from time to time, dated

____________, 20__, by and between the Trustees of the California State University on behalf of California State

University, Bakersfield ("Trustees"), on the one hand, and ______________________________ [insert Licensee name]

(together with its permitted successors and assigns, "Licensee"), on the other hand.

1. Acknowledgment and Consent. Trustees hereby acknowledge and consent to the following, subject in all respects to the Agreement and final Trustees, CSU, and OGC review and approval:

1.1 Sale-Leaseback Transaction. Trustees acknowledge that they have been advised that

______________________________ ("System Lessor") is providing financial accommodations to Licensee to finance the System installed at the Premises. Trustees have been advised that Licensee and System Lessor intend to enter into a lease financing transaction pursuant to which System Lessor will purchase the System from Licensee and Licensee will lease the System from System Lessor.

1.2 Personal Property. Trustees acknowledge that the System constitutes personal property, and not a fixture.

1.3 Further Assurances. Trustees will at any time and from time to time, upon the reasonable written request of System

Lessor, work in good faith with System Lessor in order to effectuate more fully the purposes of this Certificate.

1.4 Limitation on System Lessor Obligations under the Agreement. Except as provided otherwise in this Certificate, Trustees agree that Licensee is solely responsible for Licensee's performance under the Agreement and that System

Lessor shall not be responsible for Licensee's obligations thereunder.

1.5 Default under Agreement. If an event of default by Licensee has occurred and is continuing, and provided that

Licensee has provided Trustees written notice regarding the existence and contact information for the System Lessor, Trustees shall, before terminating the Agreement or exercising any other remedy, notify Licensee and System Lessor simultaneously of such default, and System Lessor shall be afforded the same period of time in which to cure, or cause to be cured, such event of default as Licensee is afforded under such Agreement. If System Lessor prosecutes such cure with all due diligence and despite such efforts cannot cure such default in the same time period, Trustees shall, upon timely written notice from System Lessor, grant System Lessor an additional time not to exceed thirty (30) days to cure all of Licensee's defaults under the Agreement.

1.6 Step In Rights. If System Lessor desires to step in as the Substitute Licensee and System Lessor notifies Trustees in accordance with Section 19.9 of the Agreement that it has elected to be so recognized, then System Lessor shall be recognized as a Substitute Licensee if it complies with Section 12.5 of the Agreement.

1.7 Bankruptcy. If any of the bankruptcy-related events described in the Agreement has occurred, and the Agreement is terminated by rejection, or otherwise, during a case in which Licensee is the debtor under Title 11, United States Code, or other similar federal or state statute, System Lessor shall have the rights set forth in the Agreement.

1.8 System Lessor Reliance. Trustees acknowledge that System Lessor will be deemed to be the Lender or System

Lessor as such terms are defined in the Agreement, only to the extent approved in the final executed financing documents and permitted by the Agreement.

1.9 Conflicts. In the event of a conflict between any provision of this Certificate and the provisions of the Agreement, the provisions of the Agreement shall prevail.

2. Certifications. The undersigned duly authorized representative of Trustees hereby certifies to System Lessor, holder of a first priority security interest in the Agreement, and collateral assignee of the Agreement, that:

2.1 The Agreement is presently in full force and effect and unmodified except as indicated at the end of this Certificate.

2.2 The Agreement became effective on ____________, 20__ and the Term will expire twenty (20) years after the

Commercial Operation Date, unless earlier terminated or extended as provided in the Agreement.

2.3 The address for notices to be sent to Trustees and Licensee is as set forth in Section 19.9 of the Agreement, and the address for notices to System Lessor is as set forth in Attachment 1 hereto.

2.4 Trustees and, to the best of Trustees knowledge, the Licensee, are not in default under the Agreement, nor do any conditions exist nor has any event occurred that, with the giving of notice or the passage of time, would ripen into a default under the Agreement.

2.5 Trustees have the full right and authority to enter into, execute, deliver, and perform their obligations under the

Agreement.

2.6 Trustees have taken all requisite action to approve the execution, delivery, and performance of the Agreement.

2.7 Each Trustees signatory to the Agreement was duly authorized to enter into, execute, and deliver the Agreement on behalf of Trustees.

2.8 The Agreement constitutes the legal, valid, and binding obligation of Trustees, enforceable against Trustees in accordance with its terms, except as may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, and other similar laws now or hereafter in effect relating to creditors rights generally.

2.9 To the best of Trustees knowledge, the consummation and execution of the Agreement, including installation of the

System, will not violate any term or condition of any covenant, restriction, lien, financing agreement, or security agreement affecting the Premises.

2.10 Trustees are aware of no existing lease, mortgage, security interest or other interest in or lien upon the Premises that could attach to the System as an interest adverse to System Lessor ownership interest therein.

2.11 The undersigned has full right and authority to execute and deliver this Certificate on behalf of Trustees.

2.12 This Certificate has been duly authorized, executed, and delivered by Trustees.

2.13 This Certificate constitutes the legal, valid, and binding obligation of Trustees.

Dated: ____________________, 20__ The Trustees of the California State University, Office of the Chancellor

By: ______________________________ Name: ______________________________ Title:

______________________________ Date: ______________________________

Consented to by California State University, Bakersfield

By: ______________________________ Name: ______________________________ Title:

______________________________ Date: ______________________________

[Full Legal Name of Contractor]

By: ______________________________ Name: ______________________________ Title:

______________________________ Date: ______________________________

End of Rider G

No financing consent or estoppel may modify the SLPPA, expand Trustees obligations, impair campus rights, or create lender rights beyond those expressly approved in the final executed documents.

RIDER H - SAMPLE ELECTRICITY INVOICE

Monthly invoices shall include sufficient backup to verify PPA billing, production, and BESS reporting obligations.

Invoices shall not include separate charges outside the PPA price unless expressly allowed by the SLPPA or approved by written amendment.

Invoice / Report Item Required

Billing period, meter identifier, and data source Yes

Solar kWh delivered and applicable PPA rate Yes

Total PPA energy charge Yes

REC / Environmental Attribute treatment statement Yes

Expected and actual monthly/YTD production Yes

Rider C guaranteed production comparison Yes

Outage, curtailment, non-export curtailment, and approved maintenance notes Yes

BESS availability, charge/discharge summary, and dispatch / controls status

Yes

Supporting monitoring portal or data export reference Yes

RIDER I - SCOPE OF WORK / FINAL SLPPA RATE / ARRAY LAYOUT

This Rider I shall be finalized after award using the accepted proposal and final SLPPA terms. It shall not modify the

RFP, SLPPA, or core commercial requirements unless approved by Trustees in writing.

Section Content

Premises / Licensed Area CSUB, 9001 Stockdale Highway, Bakersfield, California;

approximately 14.47-acre fenced project area shown in Rider A-1 and the RFP Project Documents.

System Description 4.55 MWdc / 3.5 MWac solar PV plus 2.93 MW / 11.75 MWh

Tesla Megapack 2 XL BESS.

Interconnection 21.6 kV behind-the-meter non-export PG&E interconnection. PG&E interconnection approval has been received for the current Project configuration based on current utility documentation; remaining PPI, non-export verification, commissioning/testing, documentation, and PTO requirements remain.

Controls Aderis Energy SCADA/Monitoring, SEL Microgrid

Controller, Energy Toolbase, revenue-grade metering, non-export controls, metering, monitoring, and dispatch functionality consistent with the RFP Project Documents.

Final PPA Rate To be inserted from accepted proposal at SLPPA execution.

Accepted Proposal Commitments Only accepted and non-conflicting commitments become part of this rider. Solar-only or storage-only template commitments do not apply unless expressly incorporated.

Solar Inverters Ten CPS 350 kW 800V inverters with required warranties.

Bundled Project Advancement and Procurement Cost $5,745,215.92, consisting of the $1,996,087.70 Pre-NTP

Project Advancement Payment and $3,749,128.22 in

Post-NTP / Vendor-Schedule Procurement Obligations.

The amount is included in Proposer PPA pricing and financing assumptions and excludes the CSU Transaction

Fee as a separate payment obligation.

CSU Transaction Fee Seven percent (7%) of the Construction-Cost Base as defined in the RFP and SLPPA, included in PPA pricing and not payable separately unless expressly approved by written amendment.

Primary Contractor To be inserted from accepted proposal at SLPPA execution. The Primary Contractor must satisfy RFP pass/fail licensing and minimum experience requirements, including CSLB Class A - General

Engineering and C-10 - Electrical Contractor classifications, DIR registration, workers' compensation, good standing, medium-voltage experience, committed-team safety-critical experience, and scored experience requirements above the floor.

Academic and Research Accommodation Provider shall reasonably accommodate CSUB academic and research activities consistent with the RFP and

SLPPA, subject to safety, operational, warranty, cybersecurity, vendor-access, maintenance, interconnection, insurance, and site-security limits.

RIDER J - GEOTECHNICAL REPORTS

The Krazan & Associates February 12, 2026 Geotechnical Engineering Investigation for the CSUB Solar & Battery

Project is incorporated as the Project geotechnical report. The report is provided for bidder and Provider use and does not relieve Provider from final engineering, field verification, construction means and methods, code compliance, safety, utility verification, or compliance with approved construction documents.

• Provider shall comply with geotechnical recommendations applicable to foundations, earthwork, recompaction, trenching, corrosion protection, concrete, utility risks, and construction observation.

• Provider shall verify field conditions and promptly notify Trustees of material differing conditions.

Rider J does not shift Provider’s design, construction, safety, or means-and-methods responsibility to Trustees.

RIDER K - EXCLUDED / RESERVED

Rider K, including any old Solar 4 RFP template or storage template material, is excluded from the operative SLPPA package unless Trustees expressly issue a replacement Rider K by addendum or written amendment. Prior template language shall not modify the RFP, SLPPA, or project-specific riders.

RFP ATTACHMENT 1 - NOTICE OF INTENT TO AWARD

Project: CSUB Solar & Battery Advanced Shovel-Ready SLPPA

RFP No.: 11108

Campus: California State University, Bakersfield

Apparent Successful Proposer: ________________________________

Protest Period: As stated in the RFP and applicable CSU procurement requirements.

Notice Date: September 23-October 6, 2026 window, or such other date issued by Trustees.

Trustees hereby provide notice of intent to award the SLPPA to the apparent Successful Proposer, subject to applicable protest procedures, final approvals, successful contract negotiations, execution of the SLPPA, satisfaction of post-award requirements, and all other conditions stated in the RFP and SLPPA.

This notice is not a Notice to Proceed, does not authorize construction, does not authorize procurement outside the

Successful Proposer’s own risk except as expressly approved, and does not waive any requirement of the RFP or

SLPPA.

Post-Award Assignment Materials will be provided only as required after selection and subject to applicable confidentiality, vendor, and assignment requirements.

Authorized Trustees Representative: ________________________________ Date: ______________

RFP ATTACHMENT 2 - LIMITED AUTHORIZATION FOR DESIGN FINALIZATION /

PRECONSTRUCTION ACTIVITIES

This attachment is reserved unless Trustees elect to issue a limited written authorization for post-award design finalization or preconstruction activities. The Project is being procured as an advanced shovel-ready solar and battery project, and a separate Notice to Proceed to Design is not required unless expressly issued by Trustees.

Authorized Party: ________________________________

Authorized Activities: Limited design finalization, coordination, submittals, permitting support, schedule updates, and preconstruction coordination expressly approved by Trustees.

Excluded Activities: Construction, installation, site disturbance, excavation, energization, unauthorized procurement commitments, or any work requiring Notice to Proceed.

Effective Date: ________________________________

Expiration / Supersession: Expires upon issuance of Notice to Proceed or earlier written direction from Trustees.

Any limited authorization issued under this attachment shall not authorize construction, installation, excavation, energization, field work, or procurement commitments beyond those expressly approved in writing by Trustees, and shall not authorize any activity requiring Notice to Proceed unless expressly stated by Trustees in writing.

RFP ATTACHMENT 3 - NOTICE TO PROCEED TO CONSTRUCTION

Project: CSUB Solar & Battery Advanced Shovel-Ready SLPPA

Anticipated Notice to Proceed Window: November 25-26, 2026

SLPPA Provider: ________________________________

Notice to Proceed Date: ________________________________

Required PTO / Project Completion Deadline: December 1, 2027

Liquidated Damages: $3,500 per calendar day for failure to achieve PTO / Project Completion by December 1, 2027, subject to applicable relief events under the SLPPA and Rider C.

Trustees hereby authorize the SLPPA Provider to proceed with construction and installation activities for the Project, provided all pre-NTP conditions in the RFP and SLPPA have been satisfied or waived by Trustees in writing.

• The Pre-NTP Project Advancement Payment of $1,996,087.70 has been paid in accordance with Trustees’ instructions.

• Required insurance, bonds, licenses, DIR/public works registrations, safety plans, and preconstruction submittals have been provided as required.

• Required approvals, permits, CEQA, fire/life-safety, interconnection, and campus conditions necessary for NTP have been satisfied or addressed to Trustees’ satisfaction.

RFP ATTACHMENT 4 - NOTICE OF COMMERCIAL OPERATION / PTO / PROJECT

COMPLETION

This notice confirms that the System has achieved COD / PTO / Project Completion for purposes of the RFP and

SLPPA, subject only to minor punch-list items that do not impair safe, legal, metered, non-export compliant operation.

• PG&E permission to operate or equivalent authorization has been received or documented as applicable.

• Commissioning and acceptance testing have been completed.

• Non-export controls, reverse-power protection, relay settings, and required testing have been verified.

• PV system, BESS, metering, monitoring, SCADA, and controls are operational.

• Required safety, fire/life-safety, campus, and AHJ approvals have been obtained.

• Warranties, O&M obligations, reporting, and performance tracking commence as provided in the SLPPA.

• Any punch-list items are listed and do not impair safe operation, metering, performance, or campus use.

SLPPA Provider: ________________________________

Requested COD / PTO / Project Completion Date: ________________________________

Trustees Acceptance Date: ________________________________

RFP ATTACHMENT 5 - NOTICE OF COMPLETION / FINAL CLOSEOUT

This attachment is used for final closeout after COD / PTO / Project Completion. It does not replace the COD / PTO /

Project Completion notice unless the SLPPA expressly provides otherwise.

• Final as-built drawings and record documents have been delivered.

• O&M manuals, warranties, service records, commissioning reports, and test reports have been delivered.

• Training, emergency procedures, monitoring access, and academic/research handoff requirements have been completed.

• Punch-list items have been completed or otherwise resolved to Trustees satisfaction.

• Lien releases, certified payroll closeout, DIR/public works closeout, and required closeout documents have been delivered as applicable.

• Site restoration, cleanup, fencing, access roads, vegetation/clearance, erosion control, and safety items have been completed as applicable.

• This notice does not waive latent defects, warranty obligations, indemnities, performance guarantees, O&M obligations, or other continuing obligations under the SLPPA.

SLPPA Provider: ________________________________

Final Completion Date: ________________________________

Trustees Acceptance Date: ________________________________

RFP FORMS 1-4 - SBE / DVBE FORMS AND CERTIFICATIONS

Proposers shall complete and submit the current CSU-required Small Business Enterprise, Disabled Veteran Business

Enterprise, certification, preference, incentive, waiver, and participation forms issued by Trustees with the RFP, if applicable.

Form 1 - Small Business Preference and Certification Request, if applicable.

Form 2 - Small Business Subcontracting Participation, if applicable.

Form 3 - DVBE Participation or Incentive Form, if applicable.

Form 4 - Related certification or documentation required by Trustees, if applicable.

Official CSU forms may be issued by Trustees with the RFP or by addendum and shall control over this summary.

In the event of conflict between official CSU forms and the RFP, Trustees shall determine the controlling requirement by written addendum or procurement instruction.

Bynum conflict / prohibited participation certification is separate from the SBE/DVBE form package and shall be submitted as required by the RFP.

RFP ATTACHMENT D - RFP GENERAL PROVISIONS

The following RFP General Provisions are incorporated into the RFP and govern the procurement process, except to the extent expressly modified by the RFP, the campus-specific coversheet, any addendum, or other written procurement instruction issued by Trustees. These provisions govern procurement through award and do not override the executed

SLPPA after award except to the extent a provision expressly survives or is incorporated into the SLPPA.

D.1 Completion of Proposal

Proposals shall be completed in all respects as required by the RFP provisions. A proposal may be rejected if conditional, incomplete, inaccurate in its representation, or if it contains any alterations of form or other irregularities of any kind. Proposals which contain false or misleading statements, or which provide references that do not support an attribute(s) or condition(s) claimed by the Proposer, may be rejected. All statements made by the Proposer shall also be without ambiguity and with adequate elaboration where necessary for clear understanding.

D.2 Rejection of Proposals

The Trustees reserve the right to reject any or all proposals and to waive informalities and minor irregularities in proposals received. The Trustees' waiver of an immaterial defect shall in no way modify the RFP documents or excuse the Proposer from full compliance with the specifications if Proposer is awarded an Agreement. Proposals which include terms and conditions other than the Trustees terms and conditions may be rejected as non-responsive.

D.3 Cancellation of Proposal

This solicitation does not obligate the Trustees to enter into an Agreement. The Trustees reserve the right to cancel this

RFP at any time, for any reason deemed in the best interests of the Trustees. No obligation, either expressed or implied, exists on the part of the Trustees to make an award or to pay any costs incurred in the preparation or submission of a proposal.

D.4 Cost of Proposals

All costs associated with responding to this Request for Proposal are entirely the responsibility of the Proposer and shall not be chargeable in any way to the Trustees.

D.5 Use of Proposals

The Trustees may use any or all ideas or concepts presented in any proposal without compensation to the Proposer.

Selection or rejection of the proposal does not affect this right. All materials submitted in response to this RFP will become the property of the Trustees.

D.6 Alternative Proposals

Proposer shall submit only one proposal. Multiple proposals will result in the rejection of all proposals submitted by the

Proposer. Separately tabbed alternates expressly permitted by this RFP are not separate proposals if the base proposal remains complete, unconditional, and responsive.

D.7 Addenda

The Trustees may modify this Request for Proposal or any of its contents or attachments, prior to the date fixed for submission of proposals by issuance of a written addendum. All Addenda will be dated and numbered consecutively.

All addenda must specifically be acknowledged and accepted in the proposal.

D.8 Non-Collusion Affidavit

By signing the proposal response, Proposer hereby certifies that the proposal is not made in the interest of, or on behalf of, any undisclosed party; that the proposal is genuine and not collusive, false, or sham; that the Proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham bid, and has not directly or indirectly agreed with any proposer or anyone else to put in a false or sham bid, or to refrain from bidding; and that the

Proposer has not in any manner, directly or indirectly, sought to fix any overhead, profit, or cost element of the bid, of that of any other Proposer, or to secure any advantage against the public body awarding the contract or anyone interested in the proposed contract.

D.9 Errors and Omissions

Before submitting a response to this solicitation, Proposers should thoroughly review and identify any and all errors or omissions for clarification and confirm compliance requirements with the RFP. Proposers should submit all relevant inquiries regarding contents of the RFP, including the SLPPA agreement, in a timely manner in accordance with the

RFP timelines.

D.10 Confidentiality

The Trustees shall make every effort to protect the confidentiality of submitted proposals; however, Proposer clearly understands California State University is a public entity subject to disclosure laws.

D.11 Non-Endorsement

Once a proposal is accepted and an award is made, the successful Proposer shall not issue any news releases or other statements pertaining to the award or servicing of the Agreement which state or imply Trustees endorsement of

Proposer's services.

D.12 Disputes

The Trustees encourage all Proposers to resolve issues regarding the requirements or the procurement process through written correspondence and discussions. The Trustees wish to foster cooperative relationships and to reach fair and objective resolutions in a timely manner. In the event a Proposer feels that the specifications and/or requirements may be unfair or unreasonable, written notification must be submitted to the Contracts and Procurement Office prior to the scheduled proposal submittal deadline.

D.13 Protests

Proposers filing a protest must do so within three (3) working days after Notice of Intent to Award is issued. The

Proposer shall submit a full and complete written statement detailing the facts in support of the protest. Protests must be sent by certified or registered mail, or delivered in person to the Director, or designee, at the Campus Contact

Information for Solicitation listed in this RFP or the campus-specific coversheet. An impartial evaluator(s) selected by the Trustees shall perform a review of the protest. Selection of the evaluator shall be at the discretion of the campus.

The evaluator shall review the merits and timeliness of the protest and submit a decision in writing within ten (10) working days. The decision will be sent via email or certified or registered mail to the protesting firm. THE DECISION

OF THE TRUSTEES IS FINAL.

RFP ATTACHMENT E - SITE WALK AND PARKING INSTRUCTIONS

The mandatory job walk / site walk will be held on August 5, 2026 at 9:00 a.m. at the job walk meeting location highlighted in red on the map below. Please arrive a few minutes early to allow time for parking and check-in.

Parking Options for Site Walk - Solar and Battery Project

To ensure a smooth visit to campus, bidders may choose from one of the following parking options:

1. Company-Logo Vehicles

• No parking permit is required.

• Vehicles must clearly display a visible and recognizable company logo.

• Vehicles may park in any valid campus parking space.

• Additional parking is available adjacent to the meeting location indicated in red on the map below.

2. One-Day Parking Pass

• Visitors without a company-logo vehicle must purchase a one-day parking permit.

• Permits may be purchased at any campus parking kiosk prior to attending the site walk.

• Parking kiosks are located near the main campus entrances.

• Credit and debit card payments are accepted.

Job Walk / Meeting Location

The job walk meeting location is highlighted in red on the campus map below.

File details come from the government source that posted it. Updated .