Request for Proposal

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1 Request for Proposal Design, Build, Lease Rooftop Solar PV System RFP# Calabogie Community Rink, 574 Mill Street, Calabogie, Ontario Proposal Closing Date: September 25, 2015; 2:00 PM Local Time

2 Request for Proposal (RFP# ) Design, Build, Lease Rooftop Solar PV System Table of Contents Purpose and Background... 1 Scope of Work... 1 General Conditions... 2 Site Review and Inquiries During Proposal Period... 3 Proposal Requirements... 4 Surety and Insurance... 4 Indemnification... 5 Evaluation of Proposals... 5 Payments... 5 Errors or Omissions... 5 Agreements... 6 Attachments Proposal Forms 1-6 Rink Roof Design Drawings September 2015 Page i

3 Request for Proposal (RFP# ) Design, Build, Lease Rooftop Solar PV System Purpose and Background The Township of Greater Madawaska (Township) has issued this Request for Proposal (RFP) for qualified and experienced service providers (hereafter referred to as the Proponent ) to provide turn-key design, build, operation, and maintenance of a rooftop solar photovoltaic (PV) generation facility on the Calabogie Rink Rooftop, under a long-term lease agreement with the Township. The solar generation facility is to be constructed in accordance with the current Feed-in Tariff (FIT) 4 Program under the Independent Electricity System Operator (IESO). The Township has recently constructed a pre-engineered metal building system roof over the outdoor rink at the site location at 574 Mill Street, Calabogie Ontario. The Township is interested in leasing the new roof space to a suitable company for solar PV generation in accordance with the IESO s FIT 4 program. Accordingly, the Township has extended this RFP for Proponents to submit proposals for full-service design, construction, operation, and maintenance of a solar PV generating facility, under a lease agreement for the contract term of the generation project, in accordance with FIT 4 requirements. Scope of Work 1. The Proponent is to supply all labour, materials, equipment, in order to complete the project in accordance with the RFP documents. Coordination with the Township is expected and would also be the Proponent s sole responsibility. 2. Any required engineering studies, permits, or other supporting studies that may be required, and their costs, are the sole responsibility of the Proponent. The Township will be issued design drawings of the proposed generating facility for review prior to the Proponent s submission for permits. 3. The project s generating system size is to be AC-optimized based on site conditions, and maximized revenue generation. 4. Subject to technical review and coordination with project authorities, the FIT project is to be connected through underground infrastructure to the local electricity grid. Route all electrical conduit and cabling along the building s exterior. The Proponent may attach a revenue meter and switchgear in a secured, ground-mounted, dedicated enclosure which will be inaccessible to the public and protected from site traffic. 5. The solar PV generation system is to be mechanically-fastened to the roof, not ballasted, with the modules flush-mounted to the roof surface, oriented along the roof geometry. The final size of the generation system which the Proponent applies for is the Proponent s responsibility. The Proponent is responsible for all aspects of the design and installation of the generation facility in good engineering practice, including engineering review of the building, as may be required pursuant to a municipal building permit application or other necessary project approvals. 6. The generating facility must include real-time monitoring equipment and software suitable for the size and type of project. Real-time system data must be accessible to the Township and the public. IT infrastructure and routine operation and maintenance costs to be borne by the Proponent. September 2015 Page 1

4 Request for Proposal (RFP# ) Design, Build, Lease Rooftop Solar PV System 7. The Proponent is to supply a draft, commercial lease agreement for the development of the project, through all required phases, including necessary terms, conditions, and other pertinent aspects of the project as per the RFP and FIT requirements. 8. The draft lease agreement to be provided by the Proponent for review and consideration by the Township, must be consistent with the general terms and conditions presented in this RFP. The specific terms of the lease agreement will be negotiated upon award of the Contract for the project by both parties. Upon agreement, the lease agreement will become effective on the date of award of the FIT Contract. General Conditions 1. Time is of the essence in completing the work. The work shall be completed no later than September 30, 2016, subject to FIT 4 contract offer timelines in 2016 (refer to FIT 4 Procurement Schedule, June 26, 2015). 2. All costs to complete the project, including any permit and/or application fees, are the sole responsibility of the Proponent. These costs are to be appropriately accounted for in the Proponent s offer for lease payments (Form 2). 3. The design, installation, and operation of the project shall not affect the performance of the building in or for its current condition and use. Any/all costs related to damages associated with the project in order to restore the building to its current state shall be fully borne by the Proponent. 4. The Proponent is responsible for managing the place of work at the site including safety and security measures, which shall not affect the current use of the site. 5. All equipment required for the project, including associated infrastructure and services, remains the property of the Proponent for the duration of the project. Upon expiration of the FIT contract, the Proponent shall completely remove the project and make the site and building safe, and leave the site in a condition consistent with existing conditions. 6. The building on which the proposed FIT project is to be located will remain entirely the Township s property, with the rooftop portion of the building, only, leased to the Proponent. 7. The Township intends to maintain the building in its current condition for the duration of the FIT Contract. If, at any time, the building condition changes such that a temporary project disconnection, reconfiguration, or installation modification is required in order to restore the building condition to its current state, the Township shall not be responsible for any lost revenues, or for the costs associated with such project work as may be required. Any such project work will be completed by the Proponent at their own cost. The Township will bear all costs associated with normal building maintenance, not related to the project. 8. If the project is terminated early, for any reason at the fault of the Proponent, including not being constructed after award of a FIT Contract, the Proponent will be responsible to pay any/all of the balance of the costs as required for the duration of the FIT Contract. The Proponent s performance surety may be executed at the Township s sole discretion in the event of Proponent default. 9. The Proponent is restricted to work at the site only during standard working hours, with times approved in advance, with the Township. September 2015 Page 2

5 Request for Proposal (RFP# ) Design, Build, Lease Rooftop Solar PV System 10. Neither party may transfer ownership of the site/project, or assign a third party, without express written authorization of all parties involved. Such a transfer shall be reasonably allowed, and the terms and conditions of this lease apply to any relevant parties. The transferring party shall be responsible for any/all costs associated with the transfer, including legal costs as may be incurred. 11. The Proponent will have all rights and access to the solar resource which may be received over the project area. The Township makes no representations or warranties with respect to off-site developments from any adjacent or neighboring properties which may affect access to the solar resource at any time for the duration of the contract term, or existing conditions. It is the Proponent s sole responsibility to review and confirm the site conditions for the suitability for solar generation. 12. Upon award of a FIT contract, the lease agreement shall come into force and all terms and conditions regarding payment, mutual responsibility, and other conditions, become enforceable. 13. The Township will provide any/all rights of access to the site as may be required by the Proponent for the FIT application, system construction, and on-going operation and maintenance, as may be required, including cleaning and snow removal/management at ground level at the site, consistent with current needs. The clearing of snow from the roof by the Proponent is to be coordinated with the Township so that repeated snow removal events are not required on any given day. No additional cleaning/clearing of the site to existing conditions will be permitted with agreement by the Township. 14. The Township makes no representations or warranties regarding the Proponent s likelihood to secure a FIT contract. The application for a FIT contract, and the administration thereby is entirely the Proponent s responsibility and at their risk for the entire duration of the FIT contract, from the award of this RFP until expiration of the FIT contract at the end of its term. Should the selected Proponent not be successful in securing a FIT contract for the site, the agreement would become null and void. 15. The Township will provide support to the Proponent as may be required, in the form of a Council Resolution supporting the FIT application in acquiring Priority Points, and Rights of Access related to the Proponents preparation of their FIT application. The Proponent would have sole responsibility to ensure the completeness and/or accuracy of all information supplied by the Township related to the project. 16. Complete copies of all project documentation, including as-built record documents, must be supplied to the Township during the course of the project s progress. Site Review and Inquiries During Proposal Period 1. A mandatory, pre-submission site meeting has been scheduled for 1:00 PM, Monday, September 21, Proponents may visit the site during regular business hours, with prior authorization of the Township s Public Work s Manager, Jamie Doering. 3. All inquiries regarding this RFP must be submitted in writing only by , to the Administration Assistant, Cathy Appleyard at 4. As deemed appropriate by the Township, any Addenda to this RFP will be forwarded to each Proponent, as provided in the attached Confirmation of Receipt Form (Form 1). September 2015 Page 3

6 Request for Proposal (RFP# ) Design, Build, Lease Rooftop Solar PV System Proposal Requirements 1. The Proponent s original signed and sealed proposal, and three (3) hard copies must be sealed in an envelope and clearly marked as to its contents, and must be received no later than 2:00 PM local time, September 25, 2015 to the attention of: Ms. Allison Holtzhauer CAO/Clerk-Treasurer The Corporation of the Township of Greater Madawaska 19 Parnell Street Calabogie, Ontario Telephone: Proposal submissions shall be irrevocable after 10:00 AM local time, the next business day following the proposal closing, and be open for acceptance for a period of sixty (60) calendar days following the date of the proposal closing. 3. The Proponent is to provide a general summary of the methodology and scheduling of the work. 4. The Proponent must provide general specifications and warranty information for all types of generation system equipment anticipated to be utilized for the project, including racking, modules, inverters, and related equipment. 5. Proponents must submit a minimum of three (3) project references and related contact information from similarly scoped and sized generation projects. 6. Proof of insurances as per Section 6.0 of this RFP. 7. All Proposal Forms included with this RFP are to be completed and returned as part of the Proponent s submission. Surety and Insurance 1. The Proponent s submission must include an Agreement to Bond (or Bid Bond), stating that the surety providing the bond is willing to supply the required bonds for the execution of the project. 2. The awarded Proponent shall furnish a Performance Bond with a value of not less than $250, The performance bond will remain in effect for a period of twelve (12) months after the Commercial Operation Date per the FIT contract. The cost of any bonds is to borne by the Proponent 3. Proof of WSIB clearance for the Proponent (and any Subcontractors) to perform the work. The proof of WSIB clearance shall be valid as of the date of submission of the proposal. 4. Proof of Comprehensive General Liability insurance to a $5,000,000 limit (minimum) including Non- Owned-Automobile, Cross Liability, Contractual Liability, Independent Contractors, Employers Liability (or Contingent Employers Liability), with the Township added as an additional insured. A minimum of sixty (60) days written notice of cancellation is required. 5. Proof of Property Insurance with values equal to the amount of the project s installed value, including equipment breakdown and waiver of subrogation. September 2015 Page 4

7 Request for Proposal (RFP# ) Design, Build, Lease Rooftop Solar PV System Indemnification 1. The Proponent shall indemnify, save harmless, and defend the Township from all losses, liabilities, damages, claims, demands, and actions of any kind or nature which the Township shall or may become liable for, or suffer by reason of the Proponent s operations in, or in respect of the site, or in respect of any services the Proponent provides for the project, excluding all losses, liabilities, damages, claims, demands, and actions resulting from the gross negligence or wilful misconduct of the Township or those persons for whom the Township is liable. This indemnification shall survive the termination of any agreements made between the parties. Evaluation of Proposals 1. Proposals submitted will be reviewed for completeness and accuracy, as per the requirements identified in this RFP. 2. The evaluation of proposals is not based on specific criteria or weightings; however, Proponent qualifications, experience, schedule, and maximized value of lease payments to be paid to the Township, will form part of the evaluation. 3. The Township reserves the right to reject any or all proposals which, in the opinion of the municipality, do not furnish a satisfactorily complete proposal for the provision of the services specified, and do not meet the submission requirements detailed herein. The Township reserves the right to accept proposals in whole or in part, as they deem appropriate to the objectives of the project. 4. Project award of the work is subject to Township Council approval, anticipated for October 7, The lowest or any proposal is not necessarily accepted. Payments 1. Payments (rent) from the Proponent to the Township shall commence within thirty (30) days of the date of the awarded FIT contract, and end on the last day of the term of the FIT contract. 2. Lease payments (rent) from the Proponent to the Township would be made on a frequency not more than quarterly, by certified cheque or electronic funds transfer (EFT). A specific rent schedule is to be set out in the lease agreement. 3. Payments to the Proponent from the LDC are the sole responsibility of the Proponent. Interest on late rent payments shall include interest at two percent (2%), compounded monthly. Errors or Omissions 1. It is understood and acknowledged that the Proponent is responsible for a complete review of this RFP, and any items not specified herein, but required, are to be included in the requested proposal, as if they were requested. 2. Any misunderstanding or misinterpretation of proposal requirements are the responsibility of the September 2015 Page 5

8 Request for Proposal (RFP# ) Design, Build, Lease Rooftop Solar PV System individual Proponent, and shall not relieve the Proponent of the responsibility of providing the requested scope of work detailed herein. 3. The Township is not responsible for errors, omissions, or assumptions made by the Proponent based on the Proponent s site visit observations or failure to review the site conditions prior to the submission of their proposal. Agreements 1. It is understood and acknowledged by the Proponent that the information presented in this RFP will form the conditions of a lease agreement between the Township and the Proponent awarded the work. Specific conditions and/or amendments to the information presented in this RFP will be negotiated, as necessary, upon award of the work to the Proponent. 2. In the event that the Municipality and the awarded Proponent are not able to reach an agreement with regard to the conditions of the work within ten (10) calendar days of the notice of contract award, the Township reserves the right to retain the services of others to complete the work, without damages awarded, financial or otherwise, to the originally awarded Proponent. September 2015 Page 6

9 Request for Proposal (RFP# ) Design, Build, Lease Rooftop Solar PV System Form 1 Confirmation of RFP Receipt Upon receipt of this Request for Proposal, please complete the Sections below and this Form to the Township: Attention: Cathy Appleyard Company: Contact Person: Telephone: September 2015 Page 7

10 Request for Proposal (RFP# ) Design, Build, Lease Rooftop Solar PV System Form 2 Schedule of Values Company Name: Authorized Signature: 1. We offer the value of $ per annum to lease the rooftop area noted in the RFP documents for the intended purpose. 2. The lease payment is based on the current FIT contract price of $ per kwh, per the current IESO FIT 4 program. 3. Should the FIT contract price rate noted above be increased or decreased prior to the Commercial Operation Date set out in the FIT contract, the lease value shall be adjusted by an amount consistent with the percentage change in FIT price. September 2015 Page 8

11 Request for Proposal (RFP# ) Design, Build, Lease Rooftop Solar PV System Form 3 - List of Suppliers/Subcontractors Company Name: Authorized Signature: Name of Supplier/ Subcontractor Address and Contact Information Proposed Role for the Work September 2015 Page 9

12 Request for Proposal (RFP# ) Design, Build, Lease Rooftop Solar PV System Form 4 Proponent References Company Name: Authorized Signature: Reference Project Project Description Contact Person(s) Contact Information September 2015 Page 10

13 Request for Proposal (RFP# ) Design, Build, Lease Rooftop Solar PV System Form 5 Proposal Declaration This Proposal is submitted by: Company Name: Address: Re: Design, Build, Lease Rooftop Solar PV System (RFP#: ) By signing this document; 1. I/WE declare that no person, firm or Corporation other than the one who s signature or the signature of whose proper officers and seal is or are attached below, has any interest in this Proposal or in the Contract proposed to be taken. 2. I/WE further declare that this Proposal is made without any connection, knowledge, comparison of figures or arrangements with any other company, firm or person submitting a Proposal for the same work and is in all respects fair and without collusion or fraud. 3. I/WE further declare that no member of the Council, staff, or employee of the Township of Greater Madawaska are or will become interested directly or indirectly as a Proponent in the performance of the Contract, or in the supplies, work, or business to which it relates, or in any portion of the profits thereof, or of any such supplies to be used therein, or in any of the monies to be derived there from. 4. I/WE further declare that the several matters stated in the said Proposal are in all respects true. 5. I/WE further declare that I/WE have carefully examined the locality and site of the proposed Work, as well as all the documents related to said RFP, and hereby acknowledge the same to be part and parcel of any Contract to be let for the Work therein described or defined and do hereby offer to enter into a Contract to do all of the Work, including to provide all of the labour and to provide and furnish any/all materials mentioned and described or implied therein, including in every case freight, duty, exchange and Federal and Provincial sales tax in effect on the date of the acceptance of the Proposal, and all other charges on the terms and conditions and under the provisions therein set forth and to accept in full payment therefore, the sums calculated per values set forth in the Proposal herein. 6. I/WE agree that this offer is to continue to be open to acceptance until the formal Contract is executed by the successful Proponent for the said Work or until sixty (60) calendar days after said September 2015 Page 11

14 Request for Proposal (RFP# ) Design, Build, Lease Rooftop Solar PV System opening, whichever event first occurs; and that Owner may, at any time within that period, without notice, accept this Proposal whether any other Proposal had been previously accepted or not. 7. I/WE hereby agree that notification of the acceptance of this Proposal shall be in writing, and may be sent by prepaid post, and if sent by prepaid post, acceptance shall be deemed to have been made on the date of the mailing of such notification. 8. I/WE hereby agree that the Work specified in the Contract will be performed in strict accordance of the RFP and related documents, in accordance with application codes, acts, regulations, and standards. 9. I/We hereby certify that I/We have read, understand, and agree to all elements of this RFP. Company: Name: Signature: (I have authority to bind the Corporation) Witness or Seal: Date and Location: September 2015 Page 12

15 Request for Proposal (RFP# ) Design, Build, Lease Rooftop Solar PV System Form 6 - Addenda I/We hereby acknowledge receipt of Addenda to inclusive and confirm that the Proposal values provide for the revisions as described in the respective Addenda. Name: Signature: (I have authority to bind the Proponent) September 2015 Page 13

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