REQUEST FOR PROPOSAL ENERGY MANAGEMENT SERVICES REQUEST FOR PROPOSAL FOR RENEWABLE ENERGY SYSTEM IN THE TOWN OF NORWELL

Transcription

1 REQUEST FOR PROPOSAL ENERGY MANAGEMENT SERVICES REQUEST FOR PROPOSAL FOR RENEWABLE ENERGY SYSTEM IN THE TOWN OF NORWELL Awarding Authority: TOWN OF NORWELL Address: 345 MAIN STREET, P.O. BOX 295, NORWELL, MA RFP Contact Person: PATRICIA LEDERER, CHAIR, ENERGY COMMITTEE; CHARLES MARKHAM, MEMBER, ENERGY COMMITTEE Telephone: Fax: The Town of Norwell (hereinafter the Awarding Authority ), acting by and through its Energy Committee and Chief Procurement Officer, seeks proposals, pursuant to M.G.L. c. 25A, 11C, from qualified and experienced renewable energy Developers (hereinafter the "Developers") interested in owning, operating, maintaining, servicing and repairing a performance based renewable energy system ( System ) with guaranteed onsite electricity generation 1 at Norwell Middle School, 328 Main Street, Norwell, MA, The Town of Norwell intends to select and enter into a Solar Energy Management Services Contract with the most highly qualified provider per the evaluation criteria herein. Sealed proposals from prospective Developers, as required in accordance with all terms and 1 The renewable energy management services contract shall include a written guarantee of the qualified provider that either the amount of electricity generation guaranteed shall be achieved or the qualified provider shall reimburse the awarding authority for the shortfall amount. Methods for measurement and verification of energy savings shall conform to the most recent standards for renewables established by the Federal Energy Management Program of the United States Department of Energy.

2 ENERGY MANAGEMENT SERVICES REQUEST FOR PROPOSAL FOR A RENEWABLE ENERGY SYSTEM specifications contained herein, will be received by Town Administrator, Norwell Town Hall, 345 Main Street, Norwell, MA until Monday, October 4, 2010 at 12:00 p.m.. The Awarding Authority is seeking to enter into a 20 year Power Purchase Agreement (PPA) for electricity derived from photovoltaic (PV) system with a minimum capacity of 40 kw (DC). Developers should provide a price proposal for a 40kW system. If a Developer believes a larger capacity system can be designed on the Premises, they should also fill out a separate price proposal for the larger capacity system. This project will be partiality funded by a grant from the American Recovery Investment Act (ARRA): Energy Efficiency and Conservation Block Grant (EECBG) Competitive Municipal Sub-Grants. The $150,000 EECBG grant will be used to buy down the cost of the PV system and result in a lower electricity rate for the Awarding Authority under a Power Purchase Agreement. The Developer should demonstrate eligibility to receive this funding and comply with all federal and state requirements in receiving and expending this funding. Please refer to ATTACHMENT G for complete terms and conditions for ARRA projects. In addition to funding through an EECBG grant, the Awarding Authority intends to take advantage of Massachusetts Solar Renewable Energy Certificates (SRECs) to help finance the system. Developers must provide a quote for first year electricity rate for Option 1 in ATTACHMENT D - PRICE PROPOSAL, and may also provide alternative quotes for Options 2 and 3. Option 1 (Required): Awarding Authority buys down PPA first year electricity rate with $150,000 EECBG grant and any state rebates, or other incentives available. The Developer is awarded the rights to the SRECs and the proceeds from any sales of the SRECs during the PPA contract period. Under this option the Awarding Authority would effectively trade the rights to the future proceeds from SRECs for a lower PPA electricity rate guaranteed over the 20 year contract period. Option 2 (Optional): Awarding Authority buys down PPA first year electricity rate with $150,000 EECBG grant and any state rebates, or other incentives available. Awarding Authority maintains ownership of the SRECs. Developer agrees to aid the Awarding Authority by establishing and maintaining a metering system that meets the minimum requirements to claim SRECs from reported electricity generation. (See ATTACHMENT A2: MINIMUM TECHNICAL REQUIREMENTS) Developer also agrees to aid the Awarding Authority in establishing contracts with entities purchasing SRECs, or aggregators that provide contracting and NEPOOL-GIS / CEC Production Tracking System (PTS) related reporting assistance. The Developer may propose to serve as an SREC aggregator on the Awarding Authority s behalf. Option 3 (Optional): Awarding Authority buys down PPA first year electricity rate with $150,000 EECBG grant and any state rebates, or other incentives available. The Developer is awarded the rights to the SRECs and the proceeds from any sales of the SRECs during the PPA contract period, but agrees to share a portion of the proceeds from the sale of SRECs with the Awarding Authority. Developers in their bids should indicate the proposed PPA electricity price, the sharing arrangement (e.g. Developer will provide an annual payment to the Awarding Authority equal to x% of the total value of SRECs derived from the PV system), and an estimate of the actual dollar value of the payment(s) to the Awarding Authority each year under the PPA contract. Developers may propose any formulation they wish in their proposed sharing of SRECs. Please specify both the formulation and the assumptions (e.g. value of SRECs under contract, contract length) that lead to that value. Contract with Awarding Authority will Town of Norwell Page 2 of 24

3 ENERGY MANAGEMENT SERVICES REQUEST FOR PROPOSAL FOR A RENEWABLE ENERGY SYSTEM only be based on the formula itself, not the dollar amount specified in ATTACHMENT D which the Awarding Authority understands is purely hypothetical. The Awarding Authority will give extra consideration to proposals that include Option 3, specifically those that provide both a low electricity rate and a substantial share of SRECs. Developers may be creative in proposing options that satisfy their needs while still offering the Awarding Authority some share of ownership. Examples might include, all SRECs after the Developer earns $75,000 from the sale of SRECs or a schedule that grants increasing SREC ownership to the Town (with only a small portion owned by the Town in years 1-5). Such formulations would allow the Developer to benefit from SRECs in the near term while sharing long term SREC market uncertainties with the Awarding Authority. In formulating the bids for the costs of energy or the sharing of the SREC proceeds, the Awarding Authority reserves the right to negotiate the exact terms of these components during Final Negotiations. A successful Developer may propose the use of caps or percentages that vary over the course of time in the sharing of the SRECs. Developers should take note of the Technical Requirements (See ATTACHMENT A2 - MINIMUM TECHNICAL REQUIREMENTS) when developing bids. At a minimum the Developer should be prepared to remove then reinstall the PV system at no cost to the Awarding Authority once over the life of the PPA contract. This is to facilitate repair or replacement of the roof at the site. See ATTACHMENT E POWER PURCHASE AGREEMENT (SAMPLE) for details. The Awarding Authority may cancel this RFP, or may reject in whole or in part any and all responses if the Awarding Authority determines that cancellation or rejection is in its best interest. Projected Selection Timeline: Notification to the DOER August 2, 2010 RFP Published in Central Register August 18, 2010 RFP Published in The Patriot Ledger and townofnorwell.net, as well as posted at the Norwell Town Hall, 345 Main Street, Norwell August 18, 2010 RFP Available August Mandatory Developers Registration (To be completed electronically. See SOLICITATION AND PROPOSAL PROCESS, STAGE TWO for details) 4:00 p.m September 2, 2010 Pre-bid Meeting(s) and Facility Tour September 8, 2010 at 4:00 p.m. Final Questions Due to Awarding Authority (To be completed electronically. See SOLICITATION AND PROPOSAL PROCESS, STAGE TWO for details) 4:00 p.m. September 15, 2010 Town of Norwell Page 3 of 24

4 ENERGY MANAGEMENT SERVICES REQUEST FOR PROPOSAL FOR A RENEWABLE ENERGY SYSTEM Responses to Questions/Addenda Issued (via ) to all registered Developers Proposals Due to Town Procurement Officer James Boudreau, Town Administrator, Selectmen s Office, Norwell Town Hall, 345 Main, Norwell, Massachusetts Public Opening of Proposals Anticipated Evaluation Complete and award letter sent out 4:00 p.m. September 22, :00 p.m. October 4, :00 p.m. October 4, :00 p.m. October 11, 2010 Key Elements Curriculum Tie-In: Preferred proposals will include an educational tie-in to engage the students, teachers and staff of the Norwell Middle School, as well as the community more broadly, in the System. Developers shall be evaluated on the presence and quality of a curriculum tie-in. Preferred proposals will describe means by which information regarding PV project can be integrated in to the school s science curriculum (e.g. a meter installed in a science classroom that can be monitored by students, a data acquisition system that can be accessed via a website, relevant literature suited for various grade levels, a video and/or photo log of the installation process, etc.). Prospective developers should feel free to be creative in this area and propose something that will create an educational component without adding significant cost. Timeline: The installation of the System cannot be conducted on the building while school is in session. This means that after the start of school, which the Town of Norwell expects to be SEPTEMBER 8 TH, 2010, all work must be conducted after 2:30 pm and on weekends. The Town of Norwell will give extra attention to proposals that anticipate construction completion prior to start of school and will negotiate in good faith with selected Developer to start work as soon as possible. The Town of Norwell s goal is to have the system in operation within 90 days of the contract award or, in any case, no later than December 31, Developers are requested to submit their preliminary project schedule with their Non-Price Proposal. 1. SOLICITATION AND PROPOSAL PROCESS The four (4) primary stages of the procurement process are as follows: STAGE ONE Division of Capital Asset Management (DCAM) - Contractor Certification Process. Developers are advised that advance certification by Massachusetts Division of Capital Asset Management and Maintenance ( DCAM ) is required pursuant to M.G.L. c Certification for a Renewable Energy System may be either Energy Management Services or Electrical. This certification must be submitted to DCAM. The following DCAM web site contains instructions and application forms for the certification process, however, be sure to obtain and complete the Update Statement and Town of Norwell Page 4 of 24

5 ENERGY MANAGEMENT SERVICES REQUEST FOR PROPOSAL FOR A RENEWABLE ENERGY SYSTEM Addendum: ction&l2=design+%26+construction+of+public+buildings&l3=contractor+certification&sid=eoaf Contact the Office of Contractor Qualifications at (617) if you have questions. STAGE TWO Pre-Proposal Meetings and Facility Tours Interested Developers must pre-register via by the 4:00 p.m. on September 2, 2010 deadline. Registration is accomplished by sending an to NORWELLSOLAR@GMAIL.COM with the prospective Developer s name, address and and other contact information. The Awarding Authority will acknowledge all registrations by . If a registration request is not acknowledged, Developers are advised that they are not considered registered. Only registered Developers will be permitted to submit proposals. There is no mandatory pre-bid conference, however, prospective Developers will have an opportunity to attend one of a number of non-mandatory meetings and facility tours. Registered Developers will receive notification via of the time and date of proposed meetings. Questions and Inquiries. All questions pertaining to this RFP should be ed to NORWELLSOLAR@GMAIL.COM prior to 4:00 p.m. on September 15, All registered Developers will receive copies electronically of all submitted Questions and Answers. A permanent printed file of all Questions and Answers shall be maintained at Norwell Town Hall for a period of six months following bid opening. This RFP shall be available via download from the Energy Committee s web page on the Town of Norwell s website. Please also check this webpage for any additional documentation which may need to be posted in regards to the RFP. Final inquiry date. All questions and inquiries concerning this RFP should be submitted via to NORWELLSOLAR@GMAIL.COM prior to (4:00 P.M. SEPTMEBER 15, 2010 It is the responsibility of the Developer to contact PATRICIA LEDERER OR CHARLES MARKHAM (NORWELLSOLAR@GMAIL.COM) prior to the submittal deadline to ensure that the Developer has received all addenda issued by the Awarding Authority. \ STAGE THREE Submission of Responses Proposals must be submitted by hand-delivery in a sealed outer package addressed to: Town Administrator, Norwell Town Hall, 345 Main Street, Norwell, MA by 12:00 p.m. October 4, Town of Norwell Page 5 of 24

6 ENERGY MANAGEMENT SERVICES REQUEST FOR PROPOSAL FOR A RENEWABLE ENERGY SYSTEM The Awarding Authority will not consider proposals received after the deadline for submission of responses. Any Developer qualified to perform the work who wishes to submit a response to this RFP shall submit completed documentation according to the requirements set forth and according to the format described herein: one (1) complete copy of this request for proposals (RFP) and a cover letter with the signature, name, and title of the person authorized to commit the Developer to terms of the proposal seven (7) copies of the Non-Price Proposal placed in a separate sealed envelope within the outer package marked with the Developer s company name, and plainly marked in the lower left hand corner: Solar Energy System Non-Price Proposal - Hold for Public Opening). seven (7) copies of the Price Proposal placed in a separate sealed envelope within the outer package marked with the Developer s company name and Solar Energy System Price Proposal - Hold for Post Evaluation one single-file electronic version, and a copy of their DCAM Certificate of Eligibility as a qualified Energy Management Services or Electrical vendor and Update Statement. The Non-Price Proposal must consist of the following documents: (a) Documentation evidencing that the Developer is responsible, demonstrably possessing the skill, ability and integrity necessary to faithfully perform the work called for by a particular contract, based upon a determination of competent workmanship and financial soundness in accordance with the provisions of Section 44D of Chapter 149 and to fulfill the ongoing maintenance, repair and ultimately de-commissioning obligations under the contract or provide acceptable assurances, bonds or other default mechanisms to the Town for breach of contract. (b) Certification of financial interest disclosure and of non-collusion, signed and submitted on the form attached to this RFP as APPENDIX C2. (c) Certification of compliance with federal and state tax laws, reporting of employees and contractors, and withholding and remitting of child support, as required by M.G.L.ch. 62C, 49A, signed and submitted on the form attached to this RFP as APPENDIX C3. (d) Letter of transmittal, signed by an individual authorized to bind the Developer contractually, certifying that the Developer will, if accepted for a contract award execute a contract in accordance with the terms of this proposals within five (5) business days of the notice of award. This individual will be the organization s designee to negotiate with the Town of Norwell on the contract terms. (e) Certification that the Developer, if awarded a contract, will guarantee completion of all work required within due dates or the time periods needed. (f) Any other documents required, but not included in the Price Proposal. Town of Norwell Page 6 of 24

7 ENERGY MANAGEMENT SERVICES REQUEST FOR PROPOSAL FOR A RENEWABLE ENERGY SYSTEM The Price Proposal must include a price that includes the furnishing of all materials, services, labor, performance and payment bonds, insurance, and other costs incurred in the performance of the contract, signed by an individual authorized to bind the Developer contractually, and submitted on APPENDIX D1 and APPENDIX D2 of this RFP. NOTE: All Bidders must include at least one bid in which the PPA Provider keeps any and all SRECs, as outlined in Option 1 However, a Developer may elect to submit alternative price options, including Option 2 and Option 3. In the event there is a discrepancy between the price written in words and written in figures, the prices written in words shall govern. Discounts will not be considered as part of the RFP. Submission of a proposal shall be conclusive evidence that the Developer has evaluated the Premises and the contract documents and is familiar with all the conditions of this procurement. Upon finding any omissions or discrepancy in the proposal documents, the Developer shall notify the Awarding Authority immediately so that any necessary addenda may be issued. Failure of the Developer to completely investigate the Premises and/or to be thoroughly familiar with the contract documents (including plans, specifications and all addenda) shall in no way relieve the Developer from any obligation with respect to the proposal. All proposals must be typed. If there is any correction with whiteout, the person signing the proposal must initial the correction. STAGE FOUR Selection of Vendor Sealed bids/proposals will be accepted by the Awarding Authority until the time indicated on the advertisement for bids in Proposed Schedule and will then be publicly opened and read with two or more witnesses. The Awarding Authority will evaluate all responses based upon the criteria listed in this RFP. To be considered responsive, all proposals must first meet Minimum Evaluation Criteria as described herein. The Norwell Energy Committee shall serve as the Bid Evaluation Committee and shall advise the Town Procurement Officer on the evaluation of the bids. All proposals will be reviewed and rated based upon a combination of factors regarding the proposal submitted and the evaluation criteria set forth in this RFP. It is the responsibility of the Developer to provide information, evidence or exhibits that clearly demonstrate the Developer s ability to satisfactorily respond to project requirements and the factors listed on the proposal forms. Each proposal submitted in response to this RFP is subject to all of the contract terms and any contract awarded will incorporate all of these contract terms. A responsible Developer is a Developer that demonstrably possesses the skill, ability, financial resources, and integrity necessary to faithfully perform the work called for in this RFP. Each responsive proposal from a responsible Developer will be evaluated solely according to the evaluation criteria set forth in this RFP. Each Non-Price Proposal will be assigned a rating of highly advantageous, advantageous, not advantageous, or unacceptable with respect to each criterion, and the reasons for each rating will be set forth in writing or by checklist. A composite rating for each Non- Price Proposal will be set forth in writing, along with the reasons for the rating. The Norwell Energy Committee, serving as the Bid Evaluation Committee, will determine the most advantageous proposal Town of Norwell Page 7 of 24

8 ENERGY MANAGEMENT SERVICES REQUEST FOR PROPOSAL FOR A RENEWABLE ENERGY SYSTEM from a responsible bidder, taking into consideration the Non-Price Proposal ratings and the Price Proposals. If the contract is awarded to a Developer that did not submit the lowest price, the evaluation committee will set forth a written explanation of the reasons for the award. The award of a contract to any Developer whose Non-Price Proposal was rated unacceptable with respect to one or more criteria will be conditioned on the negotiation of the revisions recommended by the evaluation committee at no increase in the proposed price. Based upon the results of this review, a ranking recommendation will be submitted to the Town Procurement Officer for approval. The top-ranked Developer(s) from the list approved by the Town Procurement Officer will be contacted for an agreement. The Awarding Authority reserves the right to waive any and all informalities and to award the proposal on the basis of the above procedures to the Developer it deems most qualified. The Awarding Authority shall award a contract by written notice to the selected Bidder as soon as possible after the Public Opening, unless the time for contract award is extended by mutual agreement between the Awarding Authority and the selected Developer. Following vendor selection, the Developer will then sign a Renewable Energy Management Services Agreement for the Energy System. If an acceptable contract cannot be reached, the Awarding Authority may initiate negotiations with the second ranked Developer. In accordance with C.M.R 225 CMR (1) (c), the Awarding Authority requests that the winning Developer provide recommendations for additional improvements in the building envelope, lighting and control systems, heating and control systems and any other recommendations towards energy savings over the life of the project. 2. RFP PROCEDURES A. Modification or Withdrawal of Proposals Any Proposal may be withdrawn or modified by written request of the Developer, provided such request is received by the Awarding Authority at the above address prior to the bid opening date of 12:00 p.m. October 4, 2010 B. Cost of Proposal Preparation The Awarding Authority will not reimburse Developers for any costs incurred in preparing Proposals to this RFP, including site visits or preliminary engineering analyses. C. Public Record To review a copy of Proposals submitted to the Awarding Authority after the contract has been awarded, submit a written request in compliance with the State's Freedom of Information Act to the RFP Contact Person identified above. 3. GENERAL INFORMATION A. Purpose The purpose of this project is to reduce the use of fossil fuels and the overall cost of energy needed to meet the needs of the Awarding Authority while also introducing a renewable source of energy to reduce the carbon footprint of the municipality. To this end, the Awarding Authority aims to enter into a Lease/PPA agreement and decommissioning plan for a solar photovoltaic system to provide electricity for use by the Awarding Authority, all as set forth in ATTACHMENT A1 - PROJECT DESCRIPTION AND SCOPE OF WORK of this RFP. The Awarding Authority seeks proposals from entities in the business of financing, installing, owning, operating and maintaining renewable power electric generation facilities to finance, install, own, operate and maintain the System on the Site (the Town of Norwell Page 8 of 24

9 ENERGY MANAGEMENT SERVICES REQUEST FOR PROPOSAL FOR A RENEWABLE ENERGY SYSTEM Project ). As owner of the Site, the Awarding Authority seeks to grant to the selected Developer a lease pursuant to a Power Purchase Agreement, in the form of ATTACHMENT E, to allow the selected Developer to undertake the Project for the purposes and subject to the conditions set forth herein. To the extent that generation output is greater than the municipality s electricity requirements, the Developer s proposal must include a plan for the disposition of any power in excess of electricity purchased by the Awarding Authority (e.g., net metering, offsets, or sale into the wholesale power grid for the selected Developer s own account). Proposals must include a measurement and verification strategy for metering onsite electricity generation. The chosen Developer will be responsible for the application for any federal or state financial assistance to be included in the development of the system, renewable energy credits, rebates, grants, tax credits or other types of incentives, including providing all related equipment and services required to place the system in service and to maintain the system throughout its lifetime. It is the Awarding Authority s intention that this project will take advantage of any available sources of federal and state funding for renewable energy projects, including primarily renewable energy credits, or any other rebate, grant or other allowable government-sponsored incentives, and that there will be no direct cost or financial outlay by the municipality. A. Objectives The Awarding Authority intends this System to include the design and installation of renewable energy generation to shift energy loads to on-site renewable power sources, including, without limitation, (a) performance-contracting utility-demand reduction projects, (b) innovative project financing (optional at the Awarding Authority s sole discretion), (c) innovative project funding (e.g., sale of RECs or GHG credits or sale of efficiency benefits on the ISO New England Forward Capacity Market, optional at the Awarding Authority sole discretion), and g) the work associated with monitoring and verifying electricity generation and the design of the subject work. 4. MINIMUM CONTRACTUAL TERMS The Awarding Authority intends to use this Project to address, meet, or exceed several of the goals, objectives, strategies, and actions identified in the Purpose statement above, including elements: A. The facility maintenance responsibilities will be clearly delineated in the Energy Management Services Agreement. B. The contract must require the Developer to provide "as built" and record drawings of all existing and modified conditions associated with the project conforming to typical engineering standards. This should include architectural, mechanical, electrical, structural, and control drawings each stamped by a Massachusetts Registered Professional Engineer (P.E.) for the corresponding discipline. C. The Developer will use a method for computing the energy generation that is wholly consistent with the letter and intent of the most recent version of the U.S. Department of Energy, Federal Energy Management Measurement and Verification Guidelines (FEMP Guidelines). See ATTACHMENT A2 - MINIMUM TECHNICAL REQUIREMENTS for more detail. Town of Norwell Page 9 of 24

10 ENERGY MANAGEMENT SERVICES REQUEST FOR PROPOSAL FOR A RENEWABLE ENERGY SYSTEM D. Terms of the EMS contract must conform to the terms included in the RFP. Terms that do not conform to the terms set forth in this RFP shall be considered void. E. The Awarding Authority shall determine whether the material or equipment installed is equal to those specified in the Proposal. In the event an article of any material or equipment specified by the trade name of any particular patentee, manufacturer, or dealer of any such article or articles or materials is to be substituted, the replacement must be equal in quality, finish and durability and equally as serviceable for the purpose for which it is or they are intended as the originally specified article. The Awarding Authority shall make the decision as to whether the material or equipment offered is equal to those specified, and the decision of the Awarding Authority shall be final. F. The necessary rights-of-way for any construction to be done across or in private property will be obtained by the Awarding Authority. The Developer shall take due and proper precautions against any injury to adjacent structures and shall hold himself strictly within the rights secured to him by the Awarding Authority in prosecuting the work on private property. G. The Developer shall obey and abide by all laws of the Commonwealth of Massachusetts relating to the employment of labor and public work and all ordinances and requirements of the Awarding Authority regulating or applying to public improvements. The Developer agrees not to discriminate against any employee or applicant for employment, to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment, because of age, sex, race, color, religion, national origin, or ancestry. H. In the execution of the Agreement, it may be necessary for the Developer to subcontract part of the work to others; however, the Developer shall not award any work to any subcontractor without prior written approval of the Awarding Authority which approval shall not be given until the Developer submits to the Awarding Authority a written statement concerning the proposed award to the subcontractor, which statement shall contain such information as the Awarding Authority may require. The Developer shall be fully responsible to the Awarding Authority for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by the Developer, as he is for the acts and omissions of persons directly employed by him. Nothing contained in this Agreement shall create any contractual relation between any subcontractor and the Awarding Authority. The Developer shall not assign, transfer, convey, or otherwise dispose of this Agreement, or any part hereof, or his right, title or interest in the same or any part thereof, without the prior written consent of the Awarding Authority. The Developer shall not assign by power-ofattorney, or otherwise, any of the moneys due or to become due and payable under this Agreement, without the prior written consent of the Awarding Authority. I. During the life of this Agreement, the Developer shall procure and maintain Worker s Compensation Insurance in accordance with the Worker s Compensation Act of the Commonwealth of Massachusetts. This insurance policy shall adequately protect all labor Town of Norwell Page 10 of 24

11 ENERGY MANAGEMENT SERVICES REQUEST FOR PROPOSAL FOR A RENEWABLE ENERGY SYSTEM employed by the Developer during the life of this Agreement and, if required, the Developer shall provide written evidence to the Awarding Authority that such insurance is in fact in force. J. The Developer must carry an appropriate level of insurance for both the construction and operations phases. Specifically, the selected Developer(s) shall be required to provide the Awarding authority with proof of insurance submitted to the Awarding authority as follows a. General Liability Insurance in the amount of one million dollars ($1,000,000) each occurrence. b. Automobile Liability Insurance in the amount of one million dollars ($1,000,000) combined single limit. c. Massachusetts Worker s Compensation Insurance in the amount of statutory limits. d. Professional Liability Insurance in the amount of one million dollars ($1,000,000) each occurrence. e. The Town of Norwell must be named as an additional insured on all such policies of insurance and any such policies must provide at least thirty days advance notice to the Town of Norwell in the event of cancellation or termination of any such policy. K. Notwithstanding any other law, the provider of the system must file with the Awarding Authority a payment and performance bond relating to the installation of the system including the following: 1. Prior to entering into an EMS contract, the Developer shall furnish a certified copy and duplicate of a performance bond, with project financier as co-beneficiary along with the Awarding Authority; 2. The performance bond shall be in an amount equal to 100% of the total contract value from a surety company licensed to do business in the Commonwealth and whose name appears on U.S. Treasury Dept. Circular 570; 3. The Developer shall furnish a certified copy and duplicate of a performance bond, with project financier as co-beneficiary along with the Awarding Authority. The Developer shall also furnish a payment bond in duplicate; 4. Unless otherwise specified by the Awarding Authority, the performance and payment bonds shall remain in effect during the total implementation period for the system. The implementation period shall include all time required for installation, testing, measuring initial performance, and Awarding Authority acceptance of all installed system; 5. The performance bond shall be released upon Awarding Authority acceptance of all equipment installed. The payment bond shall be released upon receipt of satisfactory evidence that all subcontractors, laborers, etc., have been paid in full or final acceptance whichever is later; and, 6. The Developer shall not file any mechanics liens against the Awarding Authority for the project and this requirement shall flow down to all subcontractors. Therefore, the payment bond shall secure the Developer s obligations for payment of laborers, suppliers, and all subcontractors. Town of Norwell Page 11 of 24

12 ENERGY MANAGEMENT SERVICES REQUEST FOR PROPOSAL FOR A RENEWABLE ENERGY SYSTEM The selected Developer and any sub-contractor(s) shall comply with the provisions of Massachusetts General Laws, pertaining to the Prevailing Wage Laws for all municipal funded projects. As required, the selected Developer and/or any sub-contractor(s) must certify and submit weekly payroll forms to Norwell Town Accountant, 345 Main Street, Norwell, Massachusetts The Awarding Authority must have access to inspect both the work conducted at project site(s) during construction and operations phases, and to the books, records, and other compilations of data, which pertain to the performance of the provisions and requirements of this agreement. Records shall be kept on a generally recognized accounting basis, and calculations kept on file in legible form. 8. Prior to contract termination, the Developer will be obligated to perform a survey of the system and to prepare an assessment of the condition of the equipment installed as part of the project. The Awarding Authority retains the right to hire an independent, certified professional engineer to prepare an assessment of the condition of the equipment installed as part of the contract. 9. All drawings, reports and materials prepared by the Developer specifically in performance of the Energy Services Agreement shall become the property of the Awarding Authority, and shall be delivered to the Awarding Authority as needed or upon contract termination. 10. The Developer will be required to file a Disclosure Statement listing all its public contractors; a Truth in Negotiations Certificate as describe in M.G.L. Chapter 7, section 30I, a Financial Interest Statement as described in M.G.L. 7, section 14A; and a Tax Certificate as described in M.G.L. Chapter 62C, section 49A. 11. The Developer shall perform its obligations hereunder in compliance with any and all applicable federal, state, and local laws, rules, and regulations, including applicable licensing requirements, in accordance with sound engineering and safety practices, and in compliance with any and all reasonable rules of the Awarding Authority relative to the premises. The Developer shall be responsible for obtaining all governmental permits, consents, and authorizations as may be required to perform its obligations hereunder. 12. Before submitting a proposal, each Developer will be responsible for obtaining any studies and data concerning conditions (surface, subsurface and underground facilities) at the site or otherwise, which may affect the Developer s ability to comply with obligations contract or which the Developer otherwise reasonably deems necessary to develop a proposal to undertake the Project in accordance with the terms and conditions of this RFP. 13. The selected Developer and the Awarding Authority will enter into a PPA in the form of ATTACHMENT E hereto, pursuant to which the selected Developer will: (a) obtain a lease from the Awarding Authority for the right to install, operate and maintain the System on the Premises, and (b) sell the power generated by the System to the Awarding Authority. The PPA is a standard performance-based contract involving the generation and purchase of guaranteed quantities of electricity at a specified price. The Developer s proposal must include: (a) (b) Guaranteed annual electricity output (kwh/yr minus onsite parasitic load); and Annual system degradation factor, Town of Norwell Page 12 of 24

13 ENERGY MANAGEMENT SERVICES REQUEST FOR PROPOSAL FOR A RENEWABLE ENERGY SYSTEM 14. The selected Developer will be responsible for designing, financing, operating and maintaining the System, and obtaining all necessary permits and approvals (e.g., building permits). 15. It is expected that the selected Developer will pursue tax credits and incentives, rebates, and other benefits that are available and/or may become available in the future. The Developer s proposal shall include a plan for the disposition and/or assignment of: (a) any environmental or other attributes (such as RECs, greenhouse gas offsets, or forward capacity market payments) that are generated in connection with the operation of the System; (b) any tax credits or incentives generated in connection with the operation of the System; and (c) any grants or rebates obtained in connection with the installation of the System. The selected Developer shall comply with any requirements (such as insurance, reporting, etc.) that are associated with available programs. 16. The generation capacity of the System generally should not exceed the expected base load electric consumption requirements of the municipality s needs in order to ensure that the majority of the electricity produced is used on-site. To the extent that generation is not coincident with municipal load, the Developer s proposal must include a plan for the disposition of any power in excess of what will be purchased by Awarding Authority (e.g., net metering, offsets, or sale into the wholesale power grid for the selected Developer s own account). 5. PROPOSAL FORMAT AND PREPARATION INSTRUCTIONS Statements of Qualifications must be submitted in the format outlined in this Section. Each will be reviewed to determine if it is complete. The Awarding Authority may reject from further consideration any Response that does not follow the format or is deemed non-responsive; however, the Awarding Authority reserves the right to waive any minor irregularities or informalities, or to cancel this Request for Qualifications, or reject in whole or in part, if the Awarding Authority determines that such cancellation or rejection is in the best interest of the public. Developers are required to submit proposals that fully comply with the requirements set forth in this RFQ. In addition, alternative proposals may also be offered if the Developer feels such proposals provide measureable value to the Town of Norwell; but such alternative proposals must meet the full requirements of this RFQ. Please provide seven (7) copies of your response, and one single-file electronic version. A. Table of Contents Proposals shall include a table of contents properly indicating the section and page numbers of the information included. B. Scope of Services 1. Minimum Required Items a) Proposal completeness and adherence to format. Substantial conformity with the specifications and other conditions set forth in the request for qualifications. Town of Norwell Page 13 of 24

14 ENERGY MANAGEMENT SERVICES REQUEST FOR PROPOSAL FOR A RENEWABLE ENERGY SYSTEM b) References of other contracts performed by the qualified providers. c) Department of Capital Asset Management (DCAM) Certificate of Eligibility (DCAM Form CQ7) and Update Statement (DCAM Form CQ3) d) Methodology of determining electricity generation e) Time specified in the proposal for the performance of the contract. f) Documentation evidencing that the Developer is responsible, demonstrably possessing the skill, ability and integrity necessary to faithfully perform the work called for by a particular contract, based upon a determination of competent workmanship and financial soundness in accordance with the provisions of section 44D of chapter Other Required Items a) Evidence of bond capability of at least five (5) million dollars from a surety company licensed to do business in the Commonwealth and whose name appears on United States Treasury Department Circular 570. Please provide the cost or fee your firm will charge for the performance and payment bonds as a percentage of the construction costs. b) Form of legal entity and year entity was established. c) Describe any changes in ownership status over the past ten (10) years. d) Other entity names, if any. e) Ultimate parent company, if applicable. f) Federal Tax Identification Number for Developer g) Financial Statements. Please submit a detailed financial report prepared in accordance with generally accepted accounting principles (GAAP) reflecting the current (as of the most recent financial statement date) financial condition of the Developer. Such report must include a balance sheet, income statement and statement of cash flows, along with applicable footnotes, dated concurrently for at least each of the last preceding three years ending on the most recent fiscal quarter such statements were prepared. Public entities or subsidiaries should attach SEC Form 10-K along with, as applicable, detailed unaudited statements for the Submitting Entity. Non-public entities may attach either unaudited financial statements or copies of tax forms and schedules that are filed with the Internal Revenue Service where applicable. h) Performance Guarantee. Describe the form of guarantee that the Developer will be providing in respect of the Project, and its associated cost. If a corporate guarantee backstop by a parent company or credit enhancement by a financial institution is anticipated, please provide a letter from the parent company or financial institution, indicating that such credit enhancement is available, the terms of such credit enhancement and the credit rating of the guarantor. i) Lawsuits and Disputes. Discuss whether your firm has ever been involved in a lawsuit or dispute regarding a contract. If so, please provide all such incidents and describe the circumstances and outcomes of such lawsuit or litigation. Further, please discuss whether your firm has been barred from providing performance contracting or other services in any states. 3. General Reputation and Performance Capabilities a) Describe the general reputation and performance capabilities of the firm and explain how these characteristics translate to optimizing results for the Awarding Authority. b) Provide the number of years Developer has been engaged in providing services. Town of Norwell Page 14 of 24

15 ENERGY MANAGEMENT SERVICES REQUEST FOR PROPOSAL FOR A RENEWABLE ENERGY SYSTEM c) Describe the experience the Developer has had with municipalities and public school systems, particularly in the Northeast and specifically in Massachusetts. Developers shall demonstrate by example its experience working in facilities similar to the facilities included in this RFP. Please list at least five (5) examples of similar projects in the Northeast, and if possible, specifically in Massachusetts, which included varying types of mixed-use facilities. d) Provide the number of projects and aggregate dollar value of projects implemented by Developer each year for the past five (5) years, including the value of the guarantees related to such projects and any shortfall in savings related to such projects. e) Provide the number of full-time personnel employed by the Developer. Please segment the data, as appropriate, into categories of personnel providing services, Operations/Maintenance Services and Equipment Installation Services. f) Provide the number of full-time personnel located in any applicable local or branch office to be utilized for the (Awarding Authority) s project, and the site address of that local or branch office. g) Discuss any accreditations or pre-qualifications for the work, describing the relevance or importance of such qualifications to the project. 4. Experience and Project References a) Fully describe five (5) contracts that Developer has implemented within the last five (5) years. Provide a table summarizing Developer s projects and indicate the services performed in connection with each. A table similar to the following would be preferred: Project name/ type of property Yr Location Services Study Financ g Constr. Monitor G tees Technology Other b) Identify similar projects in type, size or scope to the Awarding Authority s. c) Identify projects that have been managed by individuals who Developer anticipates will be assigned to the Awarding Authority s project. Discuss the level of technical/economic expertise of the staff. Provide resumes of the project team members and indicate which branch office each project team member is assigned. For each project team personnel, please list the current projects such employee is currently involved with and the status of the project. Please provide an organizational chart. d) Provide detailed project information for all five (5) including: customer name, project dates, total project cost at proposal stage, total final project cost, projected annual electricity generation, actual realized annual cost savings to date, and any annual savings shortfalls. Developer must also indicate whether the project was completed on schedule and on budget, and if not, explain the reasons for such delay or budget noncompliance. Town of Norwell Page 15 of 24

16 ENERGY MANAGEMENT SERVICES REQUEST FOR PROPOSAL FOR A RENEWABLE ENERGY SYSTEM Project name/type of property Brief description of property Years started and ended Location Total installed project costs Source of funds Services provided Performance guarantee model Owner Designer or Engineer Electric generation units and dollars for each project Actual savings or shortfalls in generation and dollars for years to date Developer s comments and other pertinent information Owner s contact(s) name, address and telephone number e) Provide a strategy for measuring and verifying electricity generation. f) Provide references for the Developer and references for each key person proposed in the submittal to be part of the project team, including the proposed role for each such individual. Please include the names, addresses, addresses and telephone numbers for reference. It is understood that the Awarding Authority may contact any or all of the above references regarding the project and personnel performance as part of the RFP submittal review process. 5. Construction and Commissioning a) State Developer s proposed construction schedule. b) Discuss Developer s project management protocols to ensure schedule adherence, including willingness to post liquidated damages for delays and performance shortfalls. c) Describe Developer s reporting and client liaison protocols to be employed throughout the construction process. d) Discuss the role Developer takes in managing subcontractors. Will Developer oversee all work performed by subcontractors, including any work performed during occupied and unoccupied times? e) Describe Developer s approach to handling construction debris, recycling, and disposition. f) For any design work conducted by third-party experts, please identify whether Developer takes engineering risk including stamping engineering submittals. 6. Methodology of Determining and Guaranteeing Electricity Generation M.G.L. c.25a, 11C requires that methods for monitoring, measurement, and verification of guaranteed electricity generation shall conform to the most recent Performance Measurement & Verification Protocol (IPMVP) and standards established by the Federal Energy Management Program of the U.S. Department of Energy. See ATTACHMENT A2 - MINIMUM TECHNICAL REQUIRMENTS for Metering, Data Reporting, and Verification Requirements of the Massachusetts RPS Solar Carve Out. The minimum technical requirements detailed in ATTACHMENT A2 conform to the IMPVP and FEMP standards. These requirements comply with standards under Option B Town of Norwell Page 16 of 24

17 ENERGY MANAGEMENT SERVICES REQUEST FOR PROPOSAL FOR A RENEWABLE ENERGY SYSTEM Retrofit Isolation in IPMVP Volume 3 Concepts and Practices for Determining Energy Savings in Renewable Energy Technologies Applications. FEMP references this volume of the IPMVP for renewable energy projects and calls out Option B for special consideration for renewable projects. a) Describe in detail the firm s methodology to determine energy savings and explain how this approach will minimize risk and maximize return for the Awarding Authority over the course of up to 20 years. Include in the description, the firm s approach to verifying electricity generation and addressing changes based on past experience and changes in use of municipal buildings and facilities over time. b) List any metering devices, communications systems and other monitoring tools or systems, the cost thereof and the economic value added to the project. Provide the specifications of such metering devices, communications systems and other monitoring tools or systems; include brand, model numbers, manufacturers specification sheets, warranties and related information. 7. Power Generation a) Describe Developer s experience in analysis, design, installation and follow-up services of power generation facilities. b) Describe size and type of system, economic and physical connection with the grid, cogeneration and other pertinent information, installation requirements, fuel proposed and commodity agreements, if any, regulatory parameters which may impact the system or which, if changed, could impact the system, follow-up services and other pertinent information. c) Provide specifications for equipment and materials proposed including brand, model numbers, manufacturer s specification sheets, warranties and related information. d) Describe the potential for a web based interactive component of the electric generation. 8. Service and Maintenance In your responses to the following, include a description of Developer s experience with ensuring that equipment warranties and maintenance records are maintained and the requirements of the performance guarantee for generation is met. a) Describe Developer s capability to provide ongoing service and maintenance b) Provide the numbers of accessible truck based service and maintenance professionals and describe their level of training and experience. 9. Pricing Structure a) Provide a price that includes the furnishing of all materials, services, labor, performance and payment bonds, insurance, and other costs incurred in the performance the contract, signed by an individual authorized to bind the Developer contractually and submitted on the form attached to this RFP as ATTACHMENT D1. The bid must be inclusive of all costs including overhead, travel, local transportation, supplies and materials. b) Per 225 C.M.R (1) (e), it is requested that each Developer select at least one bid Option and prepare a cost savings analysis. This analysis must also fully describe the Developer s methodology and assumptions. Developers may prepare this analysis for each Option they submit. Town of Norwell Page 17 of 24

18 ENERGY MANAGEMENT SERVICES REQUEST FOR PROPOSAL FOR A RENEWABLE ENERGY SYSTEM Proposal Evaluation Forms (To be completed by each member of the Bid Evaluation Committee for each proposal received) FORM 1: MINIMUM EVALUATION CRITERIA Firm Name: Date: Initials: Instructions: A negative "(No)" Proposal to any question listed below will cause a Proposal to be deemed non-responsive and will not be given further consideration. A. Responsive Proposal: No Yes 1. DCAM Contractor Certification & Update Statement 2. Attachment C: Proposal Submissions 3. Price Proposal (ATTACHMENT D) 4. Acceptance of Threshold Requirements Responsible Proposer: Firm has the financial and personnel capacity for this job? (other projects, # of personnel, locations?) Personnel assigned to this project are competent? (at least one Massachusetts registered professional engineer) Past projects give satisfactory reference 8.1 Non-Price Proposal Approach and Schedule: Proposal shall include an explanation of how the Developer will approach the various tasks, including scheduling, methods and sources. a. Unacceptable: No proposal b. Not Advantageous: Incomplete proposal and/or difficult to understand. Project Description is lacking in some particulars or is not sufficiently detailed c. Advantageous: Town of Norwell Page 18 of 24

19 ENERGY MANAGEMENT SERVICES REQUEST FOR PROPOSAL FOR A RENEWABLE ENERGY SYSTEM Complete proposal with clear deadlines within the overall deadlines of the RFP. Proposal must demonstrate that the Developer understands the impact of the academic setting and schedule of the project. Project Description is clear, comprehensive and sufficiently detailed to ensure a workable installation. d. Highly Advantageous: Most extensive and clear proposal with clear and measurable deadlines that exceed the RFP. For example, completion guaranteed within 30 or 60 days of contract acceptance. Proposals that assure the Bid Evaluation Committee that the work will be completed before the first day of School are likely to receive this rating. Project description is exceptionally well written, includes efficient means of carrying out the work and may result in time savings or little impact on School operations during installation Developer Qualifications and Experience: Specialized experience is required in a series of work areas. Proposals must clearly demonstrate full knowledge, understanding, and experience in the methods, techniques and guidelines required for the performance of the required work. All elements within this factor are of equal importance. Capacity and capability of the Developer to perform the work on schedule and be responsive to the Awarding Authority s concerns should be clear. The Awarding Authority may evaluate the Developer s ability to form successful working relationships and communications with the Awarding Authority. a. Unacceptable: No proposal b. Not Advantageous: Incomplete proposal and/or difficult to understand. Proposal indicates minimum qualifications, but Developer is less experienced. Project team has not worked together previously c. Advantageous: Complete proposal. Well-trained project team with relevant and transferable experience and required certifications. d. Highly Advantageous: Most extensive and clear proposal. A demonstrated track record successfully completing this type of project Personnel Qualifications and Availability: Specialized experience is required of the proposed project personnel to undertake the work assignments. Proposals must clearly demonstrate the capability, academic background, training, certifications and experience of the proposed personnel (not just of the Developer). The availability of the proposed staff is also of crucial importance and must be demonstrated. Specific project responsibility of staff to be assigned to the Project must be included, as well as professional background and caliber Town of Norwell Page 19 of 24

20 ENERGY MANAGEMENT SERVICES REQUEST FOR PROPOSAL FOR A RENEWABLE ENERGY SYSTEM of previous experience of key persons and of each consultant to be assigned to the Project. If sub-consultants will be employed, similar information must be provided and the portions to be sub-consulted must be identified. (There is no penalty for use of sub-consultants; the qualifications of the entire team will be evaluated.) a. Unacceptable: No proposal b. Not Advantageous: Incomplete proposal and/or difficult to understand. Information is inferior to other proposals received. Qualifications are unclear. c. Advantageous: Complete proposal. Clearly identifies the qualifications of the project team, includes a well-defined organization chart, sufficient professional credentials and prior experience to provide a successful project. d. Highly Advantageous: Most extensive and clear proposal. All participating professionals are employed by the same Developer and have previously completed this type of project Performance Record of Developer. A list of references of at least three (3) recent contracting officers on projects of a similar nature, magnitude and complexity; references must include telephone number and affiliation, as well as a brief explanation of referenced work. The Developer shall indicate the individuals on staff who had responsibility for each project and whether or not these people are still employed by the Developer. a. Unacceptable: No proposal. Reference list incomplete. b. Not Advantageous: Incomplete proposal. Incomplete lists of references or unable to contact specified references in a timely manner. References responses were unacceptable. This may include committee-generated references. c. Advantageous: Complete proposal. Committee able to contact all references and responses satisfactory. d. Highly Advantageous: Most extensive and clear proposal. References are positive or superlative. Committee-generated references, if any, are positive. Town of Norwell Page 20 of 24