energy management services request for proposal for pv systems

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CAPE & VINEYARD ELECTRIC COOPERATIVE, INC. ENERGY MANAGEMENT SERVICES REQUEST FOR PROPOSAL FOR PV SYSTEMS Awarding Authority: Cape & Vineyard Electric Cooperative, Inc. Address: Superior Court House 3195 Main Street P.O. Box 427 Barnstable, MA 02630 RFP Contact Person: E. Mark Zielinski, Chief Procurement Officer Email: [email protected] Telephone: 508-375-6640 The Cape & Vineyard Electric Cooperative, Inc. (hereinafter the “CVEC” or the “Awarding Authority”) seeks proposals, pursuant to M.G.L. c. 25A, §11C, from qualified, interested parties (individually a “Respondent” and collectively the "Respondents") with one or more ultimately selected to serve as a contractor (“Contractor”), to design, procure, install, test, commission, operate and maintain a solar PV power generating system (“PV System”) with guaranteed onsite energy generation 1 at various locations within the member municipalities (“Member(s)”) of the Awarding Authority, or at locations owned by non-Member governmental entities on Cape Cod and/or Martha’s Vineyard (“Non-Member Participant(s)”) (all such locations referred to individually as a “Facility” and collectively as the “Facilities”). The Awarding Authority intends to select and enter into a separate Solar Energy Management Services Agreement (“Contract”) for each Facility with the most highly qualified Respondent for such Facility pursuant to the evaluation criteria set forth in this Request for Proposal (“RFP”). Respondents may be selected to serve as Contractor for one or more Facilities. 1 The Contractor must provide a guarantee that either the amount of energy generation guaranteed shall be achieved or the Contractor shall reimburse the Awarding Authority for the shortfall amount.

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CAPE & VINEYARD ELECTRIC COOPERATIVE, INC.

ENERGY MANAGEMENT SERVICES REQUEST FOR PROPOSAL FOR PV SYSTEMS

Awarding Authority: Cape & Vineyard Electric Cooperative, Inc. Address: Superior Court House

3195 Main Street P.O. Box 427 Barnstable, MA 02630

RFP Contact Person: E. Mark Zielinski, Chief Procurement Officer Email: [email protected] Telephone: 508-375-6640

The Cape & Vineyard Electric Cooperative, Inc. (hereinafter the “CVEC” or the “Awarding Authority”) seeks proposals, pursuant to M.G.L. c. 25A, §11C, from qualified, interested parties (individually a “Respondent” and collectively the "Respondents") with one or more ultimately selected to serve as a contractor (“Contractor”), to design, procure, install, test, commission, operate and maintain a solar PV power generating system (“PV System”) with guaranteed onsite energy generation1 at various locations within the member municipalities (“Member(s)”) of the Awarding Authority, or at locations owned by non-Member governmental entities on Cape Cod and/or Martha’s Vineyard (“Non-Member Participant(s)”) (all such locations referred to individually as a “Facility” and collectively as the “Facilities”).

The Awarding Authority intends to select and enter into a separate Solar Energy Management Services Agreement (“Contract”) for each Facility with the most highly qualified Respondent for such Facility pursuant to the evaluation criteria set forth in this Request for Proposal (“RFP”). Respondents may be selected to serve as Contractor for one or more Facilities.

1 The Contractor must provide a guarantee that either the amount of energy generation guaranteed shall be achieved or the Contractor shall reimburse the Awarding Authority for the shortfall amount.

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Projected Selection Timeline: Published in Central Register: September 21, 2011

RFP Available: September 21, 2011 1 P.M. Available at Awarding Authority Address and on Awarding Authority web site at http://www.cvecinc.org/

Published in Newspaper and Public Posting

September 21, 2011

Pre-bid Conference: September 28, 2011, 8 A.M. Cape & Vineyard Electric Cooperative, Inc. Superior Court House Rooms 11/12 3195 Main Street P.O. Box 427 Barnstable, MA 02630

Facility Tour: September 28, 2011 (immediately following pre-bid conference) September 29, 2011 (if necessary)

Final Inquiry Date: October 13, 2011, 1 P.M.

Responses to All Inquiries Posted By:

October 20, 2011, 1 P.M.

Proposals Due: Public Opening of Proposals:

November 4, 2011, 1 P.M. November 4, 2011, 1 P.M.

Location:

E. Mark Zielinski, Chief Procurement Officer Cape & Vineyard Electric Cooperative, Inc. Rooms 11/12 Superior Court House 3195 Main Street P.O. Box 427 Barnstable, MA 02630

Optional Meeting Date with Shortlisted Candidates:

November 18, 2011

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ENERGY MANAGEMENT SERVICES REQUEST FOR PROPOSAL FOR PV SYSTEMS

1.0 GENERAL INFORMATION AND PROPOSAL SUBMISSION

REQUIREMENTS

1.1 Cape & Vineyard Electric Cooperative, Inc.

CVEC was organized on September 12, 2007. Presently, CVEC has nineteen members: Barnstable County, Dukes County, the Cape Light Compact, the Towns of Barnstable, Bourne, Brewster, Chatham, Dennis, Eastham, Edgartown, Falmouth, Harwich, Mashpee, Orleans, Provincetown, Sandwich, Tisbury, West Tisbury and Yarmouth. CVEC is a public cooperative formed under M.G.L. c. 164, §136. CVEC’s purposes include developing and/or owning renewable electric generation facilities and procuring and/or selling long term electric supply or other energy-related goods or services including renewable energy certificate contracts at competitive prices to member communities and consumers within member communities. CVEC’s functions, policies and goals include promoting and supporting the development of renewable energy resources and acquiring wholesale electric supply.

1.2 General Description of the Solar Project This is an RFP for energy management services to implement a performance

based PV System with guaranteed onsite energy generation at each Facility (“Project”). A description of the Facilities is set forth on Attachment A. The Awarding Authority will enter into a Contract with the most highly qualified Respondent for a Facility pursuant to the evaluation criteria set forth in this RFP. Respondents may be selected to serve as Contractor for one or more Facilities.

1.3 Procurement Schedule

A. Stage One: Division of Capital Asset Management - Contractor Certification Process.

Respondents are advised that pursuant to M.G.L. c. 25A, §11C, advance certification by the Massachusetts Division of Capital Asset Management and Maintenance (“DCAM”) is required by the Department of Energy Resources (“DOER”) in accordance with M.G.L. c. 149, §44D for both ground-mounted and roof-mounted PV Systems. Certification may be either Energy Management Services or Electrical. This certification must be obtained from DCAM (Instructions and application forms for the certification process are available on the DCAM web site at http://www.mass.gov/?pageID=afsubtopic&L=4&L0=Home&L1=Property+Management+%26+Construction&L2=Design+%26+Construction+of+Public+Buildings&L3=Contractor+Certification&sid=Eoaf). A completed Update Statement is also required, and is available from DCAM. Respondents should contact the Office of Contractor Qualifications at (617) 727-9320 with any questions related to the DCAM certification.

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If a Respondent is not DCAM certified, the Respondent’s Proposal must identify the entity performing the actual installation of the PV System and Respondent must submit with its Proposal the required DCAM certification and Update Statement for such entity.

B. Stage Two: Pre-Bid Conference and Facility Tour.

A pre-bid conference will be held at CVEC’s office, Superior Court House, 3195 Main Street, P.O. Box 427, Barnstable, MA 02630, at 8 A.M. on September 28, 2011. A tour of the Facilities will follow immediately thereafter and may continue on September 29, 2011, if necessary. All prospective Respondents are strongly encouraged to attend the pre-bid conference and the tour of the Facilities. Respondents interested in attending must confirm attendance by September 26, 2011 by contacting, Margaret T. Downey, Clerk, Cape & Vineyard Electric Cooperative, Inc. via email at [email protected]. The subject line of the e-mail should reference “CVEC EMS RFP: Pre-Bid Conference.” In the email correspondence, Respondents are required to provide the name(s) and number of attendees, up to three (3), and the full contact information for the key contact attending the pre-bid conference. The Facilities tour schedule will be e-mailed to Respondents who have confirmed attendance at the pre-bid conference.

C. Stage Three: Submission of Proposal.

Each Respondent must submit its Proposal completed according to the

requirements set forth and according to the format described herein and a copy of its DCAM Certificate of Eligibility as a qualified Energy Management Services or Electrical vendor and Update Statement. Respondents shall be evaluated only on the non-price and price criteria set forth in this RFP.

Each Respondent’s Proposal must be submitted in a sealed outer package and

received by the Awarding Authority at Cape & Vineyard Electric Cooperative, Inc., Attn: E. Mark Zielinski, Chief Procurement Officer, Superior Court House, 3195 Main Street, P.O. Box 427, Barnstable, MA 02630 by November 4, 2011 at 1 P.M. (“Public Opening Date”). Each Respondent’s Proposal must be clearly marked “Energy Management Services Proposal For PV Systems.” A Proposal should include a table of contents properly indicating the section and page numbers of the information included. The Respondent’s Proposal should identify if the Proposal is for all Facilities or one or more selections of the Facilities listed on Attachment A. The Proposal should identify the proposed PV System for each Facility.

A Proposal shall include a Non-Price Proposal and a Price Proposal. The Non-

Price Proposal (eight (8) hard copies and twenty-one (21) CD-ROM in Adobe Acrobat (pdf) format) shall be placed in a separate sealed envelope within the outer package marked with the Respondent’s company name, and plainly marked “Non-Price Proposal – Hold for Public Opening.” The Price Proposal (eight (8) hard copies and twenty-one (21) CD-ROM in Adobe Acrobat (pdf) format) shall be placed in a separate sealed

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envelope within the outer package marked with the Respondent’s company name and “Price Proposal – Hold for Evaluation.” No faxed submissions will be accepted. The Awarding Authority will open all Non-Price Proposals at 1 P.M. on the Public Opening Date in Rooms 11/12 at the above listed location in the presence of two or more witnesses. No Proposals will be accepted after the Public Opening Date for any reason whatsoever.

The Awarding Authority may cancel this RFP, or may reject in whole or in part

any and all Proposals if the Awarding Authority determines that cancellation or rejection is in the best interest of the Awarding Authority.

D. Stage Four: Selection of Contractor. The Awarding Authority will form a selection committee (“Selection

Committee”) to evaluate all responses for a particular Facility based upon the criteria listed in this RFP. The Awarding Authority Evaluation Form for the non-price and price criteria is included in Attachment B. The Awarding Authority reserves the right to waive any technical defect or minor informality in responses.

Following selection of a Contractor or Contractors, the Contractor or Contractors and the Awarding Authority will negotiate and execute Contracts for the PV Systems at the Facilities. If the Awarding Authority determines that an acceptable agreement cannot be reached with a Contractor selected for a particular Facility, the Awarding Authority may initiate negotiations with the second ranked Respondent for the PV System at the Facility.

1.4 Purpose of the Solar Project and Basic Project Structure

The purpose of the Project is to allow Members or Non-Member Participants to

offset their electrical expenses and to demonstrate the feasibility of renewable energy projects for surrounding towns located on Cape Cod and Martha’s Vineyard.

The basic Project structure will consist of a Contract(s) between CVEC and the

selected Contractor(s) for a particular Facility(ies) governing the design, procurement, installation, testing, commissioning, operation and maintenance of a PV System and the purchase of power from the PV System. The Contractor(s) shall be the owner and operator of each PV System. The Contract(s) will address both onsite usage of power by the host Member or Non-Member Participant and net metering of the excess energy (to the extent permitted by law) to provide additional savings to the Members and Non-Member Participants. The Awarding Authority shall retain any rights to capacity credits from the PV Systems.

The Awarding Authority and its Member or Non-Member Participant host of the

PV System will enter into a separate inter-governmental agreement that will provide the Awarding Authority the rights to develop the PV System and provide necessary access to the Contractor. Each Member or Non-Member Participant will:

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• Provide reasonable access to the Facility for site visits; • Upon execution of the Contract, grant site access to the Contractor to allow

the Contractor to implement the Project; • To the extent reasonable and appropriate, provide information to the

Contractor to assist the Contractor in securing any permits for the Project, including, but not limited to, local board approvals; and

• Cooperate with the selected Contractor to the extent reasonable and appropriate on issues regarding access, construction, on-site electrical metering and consumption, and interconnection.

It is the Awarding Authority’s intent that each PV System participate in the

Massachusetts Solar Carve Out Program. Towards that end, to meet the Solar Carve Out Program eligibility requirements, the proposed PV System size should be limited to no more than 6 MW (dc) on a contiguous parcel of property.

The Awarding Authority also intends for each PV System to be net metered as a

stand-alone system or behind-the-meter system (if specifically indicated in Exhibit A-1 through A-108), to the extent permitted by law.

It is expected that the Respondent’s Proposal will address tax credits and

incentives, rebates, and other benefits that are available and/or may become available in the future with respect to the Project. The Respondent’s Proposal shall include a plan for the disposition and/or assignment of: (a) any environmental or other attributes (such as S-RECs or greenhouse gas offsets) that are generated in connection with the operation of each PV System; (b) any tax credits or incentives generated in connection with the operation of each PV System; and (c) any grants or rebates obtained in connection with the installation of each PV System.

All Proposals must include a third-party measurement and verification strategy for

metering onsite energy generation. In addition, Proposals that include purchase options for a PV System must optimize all available incentives and provide the greatest value to the Awarding Authority.

1.5 Pre-Bid Inquiries Questions posed verbally at the pre-bid conference must be submitted in writing

or electronic form to the Awarding Authority at the address below within five (5) calendar days after the pre-bid conference. The subject line of the writing or e-mail should reference “CVEC EMS RFP: Pre-Bid Inquiries.” The Awarding Authority shall issue a post conference addendum reciting each question and its response. Only the information contained in that addendum shall be relied upon when submitting a Proposal. Verbal exchanges during the conference will be considered informal and of no legal effect. The burden shall be on a Respondent to seek further clarification from the Awarding Authority in writing if the information contained in the post-conference addendum deviates from the Respondent’s intent or understanding.

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All questions and inquiries concerning this RFP should be submitted in writing or

electronic form no later than October 13, 2011 at 1 P.M. to: Margaret T. Downey, Clerk Cape & Vineyard Electric Cooperative, Inc. Superior Court House 3195 Main Street P.O. Box 427 Barnstable, MA 02630 [email protected]

The subject line of the writing or e-mail should reference “CVEC EMS RFP: Pre-

Submission Inquiries.” Telephone or other such inquiries will not be answered. Inquiries will not be answered directly. The Awarding Authority will issue an addendum to address the written questions submitted by the aforementioned deadline. Any addenda will be posted on CVEC’s web site, http://www.cvecinc.org. It is the responsibility of the Respondent to check the web site prior to the submittal deadline to ensure that the Respondent has received all addenda issued by the Awarding Authority.

The Awarding Authority reserves the right to amend this RFP based on questions and issues raised prior to and at the pre-bid conference.

1.6 Terms of Submission

This RFP is issued and will be awarded and administered in accordance with applicable procurement laws, including M.G.L. c. 25A, §11C. Prior to the submission of a Proposal, each Respondent will make and will be deemed to have made a careful examination of the scope of work, the location and nature of the proposed construction, the kind and character of the soil and terrain to be encountered, the kind of facilities required before and during the construction of each PV System for which Respondent submits a Proposal, general local conditions, environmental and historic preservation considerations, and all other matters that may affect the cost, time, and completion of the work. Each Respondent is responsible for obtaining any studies and data concerning conditions at the site or otherwise, which may affect the Respondent’s ability to comply with obligations under the Contract or which the Respondent otherwise reasonably deems necessary to develop a Proposal to undertake the Project in accordance with the terms and conditions of this RFP. Please note that the site descriptions attached to Attachment A identify how to obtain additional background information from a Member or a Non-Member Participant regarding a particular Facility.

The Awarding Authority will not reimburse Respondents for any costs incurred in

preparing Proposals in response to this RFP, including site visits or preliminary engineering analyses. These costs, expenses or other amounts may not be recouped under the Contract.

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The Awarding Authority reserves the sole discretion unto itself to modify or amend any term in this RFP, including but not limited to, any date contained in the Projected Selection Timeline. The Awarding Authority reserves the right to reject all Proposals and waive minor irregularities in the Proposals. The Awarding Authority reserves the right to cancel this RFP at any time.

1.7 Withdrawal of Bid Proposals A Proposal may be withdrawn at any time prior to November 4, 2011 at 1 P.M. by

means of a written request signed by the authorized representative of the Respondent and delivered to the RFP Contact Person, E. Mark Zielinski, Chief Procurement Officer (see address on first page of this RFP). The withdrawal of a Proposal will not prejudice the rights of a Respondent to file a new Proposal provided that it is received prior to November 4, 2011 at 1 P.M. No Proposal may be withdrawn after November 4, 2011 at 1 P.M. 2.0 REQUIRED SERVICES

2.1 Scope of Work

A. PV System Installation. Pursuant to the Contract, the Contractor shall provide a complete “turn-key” PV

System to the Awarding Authority for each Facility awarded to the Contractor. Each turn-key PV System shall include the design, engineering, permitting, site preparation, procurement, physical construction and wiring, testing, utility interconnection, all permitting and local utility arrangements necessary to effect construction and utility interconnection, data acquisition system (“DAS”) installation with on-line monitoring contract to accompany the life of the PV System, and appropriate warranties as set forth in Attachment C (Common Technical Specifications).

The Contractor shall train Awarding Authority or staff at the Facility awarded to

the Contractor on operations of the PV System. The training shall cover basic principles of operation and maintenance, the on-line data monitoring system, and safety issues that are specific to the PV System installed (i.e. points of contact for emergency situations). An operations manual to accompany the training will be delivered as set forth in Attachment C.

B. Guaranteed Annual Output. The Proposal must include a guaranteed annual energy output for the PV System

(kWh/yr minus onsite parasitic load) together with an annual system degradation factor to ensure that the purpose of the Project is met. The only allowable adjustment to the guaranteed annual energy output is the annual system degradation factor. The guaranteed annual output shall not be corrected for weather related variability. The production

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shortfall will be measured on a yearly basis and damages for a production shortfall, if any, will be paid on a yearly basis (no true-up is allowed).

C. Utility Interconnection and Net Metering. The Contractor is responsible for all aspects of the local electric utility

interconnection. An application must be submitted to the local electric utility to start the formal interconnection process, and sufficient lead time should be allowed to successfully achieve interconnection based on the local electric utility interconnection standards. All PV Systems must have an appropriate electric utility interconnection agreement in place at the time of interconnection to the local electric utility system. Contractor is solely responsible for all interconnection costs on the customer side of the meter. Contractor must specify the amount of costs on the local electric utility side of the meter, if any, that are included in its Price Proposal. The Contract will include terms and conditions for the payment of interconnection costs on the local electric utility side of the meter.

As noted earlier in this RFP, to the extent allowed by law, the Awarding

Authority intends to net meter each PV System to provide additional savings to the Members.

D. Facilities to be Served. The locations of the PV Systems are described in Attachment A. Note that site

preparation activities necessary for installation of the PV Systems (see Site Specific Information in Attachments A-1 – A-108) are considered to be within the scope of work to be provided by the Contractor. These activities may include, but are not limited to, site preparation and support facilities construction (e.g., leveling, trenching, fencing, lighting, roads, buildings, groundcover maintenance, etc.) for ground-mounted PV Systems and snow-slide prevention for roof-mounted arrays which may impact pedestrian areas below.

Each Respondent will be responsible for obtaining information about the

conditions at the Facility or Facilities which the Respondent deems necessary to undertake for the Project.

As a condition of the award of any Contract and prior to commencement of any

work on school property, the Contractor will conduct or cause to be conducted background checks on all of Contractor’s representatives, employees, agents or subcontractors having access to the school property to ensure compliance with M.G.L. c. 71,§38R.

2.2 Mandatory Contract Terms and Form of Contract A description of mandatory Contract terms and conditions is included in

Attachment D. Terms of the 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. A form of Contract is set forth in Attachment D for reference only. As noted in the form of

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Contract, provisions will apply to ground-mounted or roof-mounted systems, as appropriate. The Awarding Authority will seek comment on the form of Contract from shortlisted candidates after its initial review and evaluation of Proposals. Therefore, the Awarding Authority will reject any proposed changes to the form of Contract that are submitted with a Proposal. 3.0 PROPOSAL FORMAT

3.1 General Requirements

Respondents are required to submit proposals that fully comply with the requirements set forth in this RFP. In addition, alternative proposals may also be offered if the Respondent feels such proposals provide measurable value to the Awarding Authority; however, such alternative proposals must meet the full requirements of the RFP. See Section 1.6 (Terms of Submission) of this RFP for detailed information regarding Proposal submission.

3.2 Specific Requirements A. Minimum Required Items.

1. The Proposal must be submitted with a proposal cover letter substantially in the same form as the letter set forth in Attachment E. The Respondent will attach to the proposal cover letter evidence of authorization to execute and deliver the Proposal and the Contract to be awarded. The proposal cover letter will identify its authorized representative(s). The proposal cover letter must include a statement of acceptance of the mandatory terms of the Contract.

2. Substantial conformity with the specifications and other conditions set forth in the RFP.

3. References of other contracts performed.

4. DCAM Certificate of Eligibility (DCAM Form CQ7) and Update Statement (DCAM Form CQ3).

5. Certificate of Non-Collusion (See Attachment F).

6. Attestation Regarding Filing of Tax Returns and Contributions (See Attachment G).

7. Methodology of determining energy generation.

8. Time specified in the Proposal for the performance of the Contract.

9. A Price Proposal (see Attachment H for a sample form).

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B. Other Required Items.

1. Evidence of bond capability for 100% of the Contract price 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. A payment and performance bond is required by the DOER for M.G.L. c. 25A, §11C procurements. For more information on the bond requirement, see the DOER Frequently Asked Questions, # 18 at http://www.mass.gov/Eoeea/docs/doer/green_communities/ems/faq-for-ems.pdf.

2. Form of legal entity and year entity was established.

3. Describe any changes in ownership status over the past ten (10) years.

4. Other entity names, if any.

5. Federal Tax Identification Number for Respondent.

6. Financial Statements. Please submit Respondent’s last two years’ of revenue, operating income and interest owed. The Awarding Authority reserves the right to request additional financial statements if necessary.

7. Performance and Payment Guarantee. Describe the form of performance and payment guarantee that the Respondent will be providing, 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.

8. Lawsuits and Disputes. Discuss whether your firm or a subcontractor included in your Proposal 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 or a subcontractor included in your Proposal has been barred from providing performance contracting or other services in any states.

C. Management and Performance Capabilities. 1. Describe the general reputation and performance capabilities of the

firm and explain how these characteristics translate to optimizing results for the Awarding Authority.

2. Provide the number of years Respondent has been engaged in providing services.

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3. Provide the number of projects and aggregate dollar value of projects

implemented by Respondent 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.

4. Provide the number of full-time personnel employed by the Respondent. Please segment the data, as appropriate, into categories of personnel providing services, operations/maintenance services and equipment installation services.

5. 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.

6. Discuss any accreditations or pre-qualifications for the work, describing the relevance or importance of such qualifications to the Project.

D. Experience and Project References.

1. Fully describe five (5) similar contracts, for roof-mounted and ground-mounted PV systems, that Respondent has implemented within the last five (5) years and the services performed for each. Please specifically identify contracts that were for a roof-mounted PV system and a ground-mounted PV system and further identify any ground mounted installations performed on capped landfills. Please include the following detailed project information for all five (5): a brief description of property, owner name, address and telephone number, designer or engineer, customer name, the size of the PV system, project start and end dates, total project cost at proposal stage, total final project cost, projected annual electricity generation, actual realized annual cost savings to date (if known), and any annual savings shortfalls (if known). Respondent must also indicate whether the project was completed on schedule and within budget, and if not, explain the reasons for such delay or budget noncompliance.

2. PV System Design Experience.

Describe capability to design and engineer PV Systems from 100 kW to 6

MW in size. 3. PV System Construction Experience.

Describe Respondent’s capability to construct PV Systems from 100 kW to

6 MW in size.

4. PV System Supply Experience.

a. Describe Respondent’s supply contracts or actual PV panel supply and inverter supply for PV power generation from 100 kW to 6 MW in size.

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b. List PV panel types and sizes Respondent has actually priced or

procured and past experience with these technologies.

c. List PV panel suppliers Respondent has worked with and describe relationship with the supplier.

5. Identify projects that have been managed by individuals who

Respondent 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. List the current projects each employee is currently involved with and the status of the project. Please provide an organizational chart.

6. Provide three (3) references for the Respondent from other customers who retained the Respondent for the design and/or installation of a solar power generation system in the size range of the PV Systems identified in this RFP. Provide references for each key person proposed in the submittal to be part of the project team, including the proposed role for each such individual. For each, please include the names, addresses, email 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.

E. Engineering Study.

1. For the landfill sites, fully describe Respondent’s general approach to complying with Massachusetts Department of Environmental Protection (“DEP”) post-closure use of capped landfills. Specifically, what is the process? How will the Awarding Authority be involved? Detail the level and depth of the information and resources that will be required of the Awarding Authority. Identify all subcontractors Respondent will require to fulfill engineering studies. Provide resumes and references for all subcontractors.

2. Describe Respondent’s approach to the technical design of the Project.

F. Construction and Commissioning. 1. Please refer to the Common Technical Specifications included in

Attachment C, which are required for each PV System, when preparing a Proposal. If the Respondent requests the use of alternative equipment/materials than those listed in Section B for a particular PV System, the Respondent’s Proposal must include a detailed explanation of the proposed alternative(s). Alternative materials must be approved by the Awarding Authority.

2. Provide a detailed description of each proposed PV System, including the proposed technology, scope, features, installed capacity, and “cut-sheets” of all equipment to be installed.

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3. Provide a description of the proposed site preparation work, including

scope, responsibility among the Respondent’s team, and how this work will be carried out.

4. Please provide a sample protocol that describes the testing and commissioning that will be performed for each PV System.

5. Provide a detailed design and construction schedule for each proposed PV System, including the design, permit application(s) and approval(s), electric interconnection application and approval, equipment procurement, installation, interconnection, testing commissioning and all other tasks, including the forecasted substantial completion date for each PV System. Identify any additional fencing/security needs and steps to be taken to prevent vandalism or unauthorized access. The costs of any additional fencing/security measures must be included in the Respondent’s Price Proposal.

6. Discuss Respondent’s project management protocols to ensure schedule adherence, including willingness to post liquidated damages for delays and performance shortfalls.

7. Describe Respondent’s reporting and client liaison protocols to be employed throughout the construction process.

8. Discuss the role Respondent takes in managing subcontractors.

9. Describe Respondent’s approach to handling construction debris, recycling, and disposition.

10. For any design work conducted by third-party experts, please identify whether Respondent takes engineering risk including stamping engineering submittals.

G. Methodology of Determining and Guaranteeing Electricity Generation.

M.G.L. c. 25A, §11C requires that methods for monitoring, measurement, and

verification of guaranteed energy generation shall conform to the most recent Performance Measurement & Verification Protocol and standards established by the Federal Energy Management Program of the U.S. Department of Energy.

1. Please refer to the Common Technical Specifications included in Attachment C, which are required for each PV System, when preparing a Proposal.

2. Describe in detail the Respondent’s methodology to determine energy savings and explain how this approach will minimize risk and maximize return for the Member host of a Facility over the course of up to 20 years.

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3. List any metering devices, communications systems and other

monitoring tools or systems, the cost thereof and the economic value added to the Project. Note that a DAS is required pursuant to Section B.13 of Attachment C.

H. Power Generation.

1. Please refer to the Common Technical Specifications included in Attachment C, which are required for each PV System, when preparing a Proposal.

2. For each proposed PV System, provide the energy production capacity (kW) as calculated using PV WATTS Version 1 or similar software. See Attachment C, Common Technical Specifications for more information.

3. Describe Respondent’s experience in analysis, design, installation and follow-up services of power generation facilities.

4. Describe size and type of PV System, physical connection with the grid, installation requirements, regulatory parameters which may impact the PV System or which, if changed, could impact the system, follow-up services and other pertinent information.

5. Provide specifications for equipment and materials proposed including brand, model numbers, manufacturer’s specification sheets, warranties and related information.

I. Service and Maintenance.

In your responses to the following, include a description of Respondent’s

experience with ensuring that equipment warranties and maintenance records are maintained and the requirements of a guaranteed annual energy output are met.

1. Please refer to the Common Technical Specifications included in Attachment C, which are required for each PV System, when preparing a Proposal.

2. Describe Respondent’s capability to provide ongoing service and maintenance.

3. Describe the warranty and replacement parts that will be provided for each PV System.

4. Provide the location of Respondent’s closest service and maintenance

professionals and the level of service to be provided to a Facility.

5. Provide a sample operation and maintenance manual(s) for a PV system(s) of a size similar to the PV System proposed by the Respondent.

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J. Pricing Structure.

1. A sample Price Proposal Form is included in Attachment H.

2. Provide a price that includes the furnishing of all materials, services, labor, performance and payment bonds, required guarantees, insurance, warranties and other costs incurred in the performance of the Contract, signed by an individual authorized to bind the Respondent contractually. The price must be inclusive of all costs including overhead, travel, local transportation, supplies, prevailing wages, and materials.

3. Identify a proposed buy-out amount for the PV System (and/or a methodology for calculating such amount) and the timing of such buy-out. The Respondent must include, at a minimum, a buy-out option for years seven (7), ten (10), twelve (12), and fifteen (15) of the Contract. If Respondent is unable to provide a specific buy-out amount, please provide an indicative price and explain how such price was calculated.

4. Provide any other contract terms related to financial matters that Respondent would require (i.e. early buy-out rights of the parties).

5. It is mandatory that the Price Proposal contain a fixed price for a twenty (20) year term. In addition to a fixed Price Proposal, CVEC will consider an alternative Price Proposal that results in greater savings over the twenty (20) years than the fixed Price Proposal. Any alternative Price Proposal should be provided in the form of Attachment H and clearly labeled as an alternative Price Proposal.

6. In addition to providing a Price Proposal for a twenty (20) year term, Respondents may, if they desire, submit a Price Proposal for a shorter term. 4.0 CONFIDENTIALITY/PUBLIC RECORDS LAW

Any materials submitted by Respondents to CVEC will be assumed to be subject to the provisions of the Massachusetts Public Records Law (M.G.L. c. 66, §10) and any other laws and regulations applicable to the disclosure of documents submitted under the RFP. Except as provided in the Massachusetts Public Records Law, or any other applicable exemption, all records, documents, drawings, plans, specifications, and other material relating to this procurement are presumed to be subject to disclosure after execution of the Contract with the Contractor.

CVEC will accept materials specifically identified and clearly marked as

“TRADE SECRET” or “CONFIDENTIAL” by the Respondent (“Confidential Information”). Confidential Information will be submitted in a manner so it is easily segregated from the balance of the proposal and will be accompanied by a concise statement of reasons supporting the claim. Blanket or all-inclusive identifications by designation of whole pages or sections as containing Confidential Information will not be

17

permitted and will be deemed invalid. The Respondent will be solely responsible for all determinations made by it under applicable laws, and for clearly and prominently marking each and every page or sheet of materials with “TRADE SECRET” or “CONFIDENTIAL” as it determines to be appropriate. Each Respondent is advised to contact its own legal counsel concerning the effect of applicable laws to the Respondent’s own circumstances.

CVEC will endeavor to advise the Respondent of any request to disclose any Confidential Information so as to allow the Respondent the opportunity to provide written documentation and arguments to protect such material from disclosure, and/or to seek a court order to protect such material. Under no circumstances will CVEC be responsible or liable to the Respondent or any other party as a result of disclosing any such labeled materials, whether the disclosure is deemed required by law, by a court order, or occurs through inadvertence, mistake or negligence on the part of CVEC or its officers, employees, contractors or consultants.

In the event of litigation concerning the disclosure of any Confidential Information submitted by any Respondent, CVEC’s sole involvement will be as a stakeholder retaining the material until otherwise ordered by the Office of the Attorney General of the Commonwealth of Massachusetts or a court of law and the Respondent will be responsible for otherwise prosecuting or defending any action concerning the materials at its sole expense and risk. 5.0 EVALUATION OF EACH RESPONDENT’S PROPOSAL

The Selection Committee will evaluate Non-Price and Price Proposals in accordance with the Proposal Evaluation Form set forth on Attachment B. If the Selection Committee awards a Contract to a Respondent that did not submit the lowest price, the Selection Committee shall set forth a written explanation of the reasons for the award.

The goal of this RFP is to provide the best value of services to achieve the

procurement goals of the Awarding Authority. A Respondent that proposes alternatives which provide substantially better or more cost effective performance than achievable under a stated RFP specification, or that proposes discounts, uncharged services or other benefits in addition to the RFP specifications may receive a preference under this RFP.

During the evaluation process, the Awarding Authority reserves the right to

request additional information or clarification from any Respondent, or to allow corrections of errors or omissions. 6.0 CONTRACT AWARD

18

Respondents that have submitted Proposals by November 4, 2011 at 1 P.M. will be required to allow the Awarding Authority until January 31, 2012 to accept their Proposals on their stated terms. Unless all Proposals are rejected, the Awarding Authority will enter into final Contract negotiations for a particular Facility with the Respondent submitting the best Proposal representing the greatest total financial return to the Members and Non-Member Participants over the length of the Contract and the highest protection of the Awarding Authority and its Members and Non-Member Participants against risk.

The Awarding Authority may enter into a Contract with multiple qualified

Respondents for various Facilities.

T:\Clients\CVEC\PV GEN\2011 Solar RFP\RFP For Solar Project (Final for Publication 9-21-11) (cvec).doc

ATTACHMENT A

DESCRIPTION OF THE FACILITIES

CVEC Member or Governmental

Entity System

Location

Town of Barnstable

Uncapped Site - Ground Mount

Airport - Section 1, Site A 480 Barnstable Rd, Hyannis

Uncapped Site - Ground Mount Airport - Section 2, Site B 480 Barnstable Rd, Hyannis

Uncapped Site - Ground Mount Barnstable Senior Center 825 Falmouth Road, Hyannis

Roof Mount Barnstable Senior Center 825 Falmouth Road, Hyannis

Roof Mount Barnstable High School 744 West Main St., Hyannis

Roof Mount

West Villages Elementary School 730 Osterville West Barnstable Road, Marston Mills

Uncapped Site - Ground Mount Mosswood Cemetery 280 Putnam Avenue, Cotuit

Uncapped Site - Ground Mount Independence Park 145 Breed's Hill Rd., Barnstable

Town of Bourne

Roof Mount

Community Center 239 Main St., Buzzards Bay

Roof Mount Fire Station 51 Meetinghouse Lane, Sagamore

Roof Mount Bourne High School 75 Waterhouse Rd., Bourne

Uncapped Site - Ground Mount ISWM: Parcel 1 of 3 201 MacArthur Blvd., Bourne

Uncapped Site - Ground Mount

ISWM: Parcel 2 of 3 201 MacArthur Blvd., Bourne

Uncapped Site - Ground Mount ISWM: Parcel 3 of 3 201 MacArthur Blvd., Bourne

Roof Mount ISWM Baling Building 201 MacArthur Blvd., Bourne

Roof Mount ISWM Transfer Station Building 201 MacArthur Blvd., Bourne

Capped Landfill - Ground Mount

ISWM Capped Landfill: SE slope 201 MacArthur Blvd., Bourne

Capped Landfill - Ground Mount

ISWM Capped Landfill: Western slope 201 MacArthur Blvd., Bourne

Uncapped Site - Ground Mount ISWM Uncapped Southern Parcel 201 MacArthur Blvd., Bourne

Roof Mount Bourne Town Hall 24 Perry Ave., Buzzards Bay

Roof Mount DNR Garage Building 24 Perry Ave., Buzzards Bay

Town of Brewster

Roof Mount

DPW Offices & Garage 201 Run Hill Rd., Brewster

Roof Mount MSW Transfer Station Bldg. 199 Run Hill Rd., Brewster

Roof Mount Police Station 631 Harwich Rd., Brewster

Roof Mount Water Dept. Facility 165 Commerce Park Rd., Brewster

Roof Mount Water Treatment Facility 697 Run Hill Rd., Brewster

Roof Mounts Captain’s Course Cart Barns 1000 Freeman's Way, Brewster

Roof Mount Captain’s Course Clubhouse 1000 Freeman's Way, Brewster

Uncapped Site - Ground Mount

Commerce Park Freeman's Way Industrial Park, Brewster

Town of Chatham

Uncapped Site - Ground Mount Airport 240 George Ryder Rd., Chatham

Roof Mount Wharfinger Bldg. 52 Shore Road, Chatham

Roof Mount Fish Pier Bldg. 54 Bar Cliff Avenue Ext., Chatham

Roof Mount Police Station 249 George Ryder Rd., Chatham

Roof Mount

Town Hall Annex261 George Ryder Rd., Chatham

Roof Mount

DPW Upper Garage 221 Crowell Rd., Chatham

Roof Mount

Transfer Station Building 97 Sam Ryder Rd., Chatham

Roof Mount Parks Department Shop 203 Crowell Rd., Chatham

Uncapped Site - Ground mount

Volunteer Park Sam Ryder Rd., Chatham

Centerville, Osterville, Marston Mills Fire/Water District

Uncapped Site - Ground Mount

Hayden Wellfield 1910 Old Post Rd., Centerville & Marston Mills

Uncapped Site - Ground Mount

Murray Wellfield 715 Old Falmouth Rd. Centerville & Marston Mills

Dennis/Yarmouth School District

Uncapped Site - Ground Mount

DY High School 210 Station Ave., S. Yarmouth

Roof Mount

DY High School 210 Station Ave., S. Yarmouth

Roof Mount Ezra Baker School 810 Rte. 28, W. Dennis

Uncapped Site - Ground Mount

Marguerite Small School 440 Higgins Crowell Rd., W. Yarmouth

Uncapped Site - Ground Mount

Mattacheese School 400 Higgins Crowell Rd., W. Yarmouth

Roof Mount

Mattacheese School 400 Higgins Crowell Rd., W. Yarmouth

Uncapped Site - Ground Mounts

Wixon School 901 Route 134, S. Dennis

Town of Eastham

Roof Mount Fire Station 2500 State Highway, Eastham

Roof Mount

Police Station 2600 State Highway, Eastham

Roof Mount

Recreation Building 2500 State Highway, Eastham

Roof Mount Town Hall 2500 State Highway, Eastham

Town of Harwich

Roof Mount

Golf Course: Clubhouse 183 Oak St., Harwich

Roof Mount

Golf Course: Maintenance Bldg. 183 Oak St., Harwich

Uncapped Site - Ground Mount

Golf Course Grounds 183 Oak St., Harwich

Roof Mount

Harbormaster Office Bldg. 715 Main Street, Harwichport

Uncapped Site - Ground Mount

Community Center 100 Oak Street, Harwich

Roof Mount

DPW Bldg. 273 Queen Anne Rd., Harwich

Roof Mount

Transfer Station 273 Queen Anne Rd., Harwich

Uncapped Site - Ground Mount

Water Department – Wellfield 1 Off Route 39, Harwich

Uncapped Site - Ground Mount

Water Department – Wellfield 2 Off Depot Rd., Harwich

Uncapped Site - Ground Mount

Water Department – Wellfield 3 Off West Gate Rd., Harwich

Massachusetts Military Reserve

3 Capped and 1 Uncapped Sites - Ground Mounts

Mass Military Reserve Connery Ave. & Turpentine Rd., MMR

Nauset School District

Roof Mount

Nauset High School 100 Cable Road, N. Eastham

Town of Oak Bluffs

Roof Mount

Oak Bluffs Library 56R School St., Oak Bluffs

Roof Mount

Oak Bluffs School 1 Trade Winds Road, Oak Bluffs

Roof Mount

Wastewater Treatment Plant17 Pennsylvania Avenue, Oak Bluffs

Town of Orleans

Capped Site - Ground Mount

Orleans Landfill 56 Lots Hollow Road, Orleans

Uncapped Site - Ground Mount Orleans Watershed Land 56 Lots Hollow Road, Orleans

Uncapped Site - Ground Mount

Water Treatment Plant Grounds 350 RTE-28 ORL WTP Off Route 28, S. Orleans

Uncapped Site - Ground Mount

Watershed/Wind 1 Site 350 RTE-28 ORL WTP Off Route 28, S. Orleans

Roof Mount

Water Treatment Plant Bldg. 350 RTE-28 ORL WTP Off Route 28, S. Orleans

Town of Provincetown

Roof Mount Cemetery Building 24 Cemetary Rd., Provincetown

Roof Mount

Harbormaster Building 24 MacMillan Wharf, Provincetown

Roof Mount Harbormaster Pavilion 24 MacMillan Wharf, Provincetown

Roof Mount

Provincetown High School 12 Winslow St., Provincetown

Uncapped Site - Ground Mount

Knowles Crossing Water Lands 143 Shore Road, Truro

Roof Mount

Pumping Station 19 RYDER ST EXT, Provincetown

Roof Mount

Shank Painter Fire Station 25 Shank Painter Rd., Provincetown

Uncapped Site - Ground Mount

Transfer Station 90 Race Point Rd., Provincetown

Roof Mount

Wastewater Treatment Plant Bldg. 200 Route 6, Provincetown

Town of Sandwich

Roof Mount Sandwich Hollows Clubhouse 1 Round Hill Rd., Sandwich

Roof Mount

Oak Ridge School 260 Quaker Meetinghouse Rd., Sandwich

Roof Mount

Forestdale School 151 Route 130, Sandwich

Roof Mount Forestdale School Waste Trtmt Bldg. 151 Route 130, Sandwich

Roof Mount

Sandwich High School 365 Quaker Meetinghouse Rd., Sandwich

Roof Mount

Oak Crest Cove Lodge 34 Quaker Meetinghouse Rd., Sandwich

Roof mount DPW Barn 500 Route 130, Sandwich

Roof Mount

‘New’ storage shed 500 Route 130, Sandwich500 Route 130, Sandwich

Roof Mount

‘Old’ storage shed500 Route 130, Sandwich

Roof Mount Transfer Station Bldg. 500 Route 130, Sandwich

Roof Mount Ryder Conservation Barn 1 South Sandwich Rd., Sandwich

Uncapped Site - Ground Mount

Water District: Wellsite 11 off Farmersville Rd./Pinkham Rd, 97 Pinkham Rd. Station 11, S. Sandwich

Uncapped Site - Ground Mount

East of Human Services near Oak Ridge School, 270 Quaker Meetinghouse Rd., Sandwich

Uncapped Site - Ground Mount Field area off Schumacher Way, Sandwich

Uncapped Site - Ground Mount

Sandwich Conservation – Discovery Hill, North of Kiah's Way, near Route 130, Sandwich

Town of Tisbury

Roof Mount

DPW Bldg. 115 High Point Lane, Tisbury

Capped/Uncapped Site - Ground Mount

Old septage dumping area at end of Old Holmes Hole Rd, Tisbury

Town of West Tisbury

Capped Landfill - Ground Mount

46 Old Stage Road off State Road, West Tisbury

Town of Yarmouth

Roof Mount

Town Hall 1146 Rt. 28, S. Yarmouth

Roof Mount Fire Station 1 96 Old Main St., S. Yarmouth

Roof Mount Fire Station 3 520 Buck Island Rd., W. Yarmouth

Roof Mount

The Lodge at Flax Pond 380 North Main St./ 31 DuPont Ave., S. Yarmouth

Roof Mount

Police Station 340 Higgins Crowell Rd., W. Yarmouth

Uncapped Site - Ground Mount Wellfield 9 North Main St., S. Yarmouth

Uncapped Site - Ground Mount Wellfield 20, 24 Higgins Crowell Rd., W. Yarmouth

Uncapped Site - Ground Mount Wellfield 23 Higgins Crowell Rd., W. Yarmouth

Roof Mount Yarmouth Barnstable Transfer Station 50 Workshop Rd., S. Yarmouth

Roof Mount

Yarmouth Dennis Septage Treatment Plant 47 Workshop Rd., S. Yarmouth

Attachment A-1

Town of Barnstable Airport - Section 1, Site A

Please See Electronic Version

Attachment A-2

Town of Barnstable Airport - Section 2, Site B

Please See Electronic Version

2

Attachment A-3

Town of Barnstable Barnstable Senior Center - Ground

Please See Electronic Version

3

Attachment A-4 Town of Barnstable

Barnstable Senior Center - Roof

Please See Electronic Version

4

Attachment A-5 Town of Barnstable

Barnstable High School

Please See Electronic Version

5

Attachment A-6

Town of Barnstable West Villages Elementary School

Please See Electronic Version

6

Attachment A-7

Town of Barnstable Mosswood Cemetery

Please See Electronic Version

7

Attachment A-8

Town of Barnstable Independence Park

Please See Electronic Version

8

Attachment A-9 Town of Bourne

Community Center

Please See Electronic Version

9

Attachment A-10 Town of Bourne

Fire Station

Please See Electronic Version

10

Attachment A-11 Town of Bourne

Bourne High School

Please See Electronic Version

11

Attachment A-12 Town of Bourne

ISWM Uncapped Parcel 1

Please See Electronic Version

12

Attachment A-13 Town of Bourne

ISWM Uncapped Parcel 2

Please See Electronic Version

13

Attachment A-14 Town of Bourne

ISWM Uncapped Parcel 3

Please See Electronic Version

14

Attachment A-15 Town of Bourne

ISWM Baling Building

Please See Electronic Version

15

Attachment A-16 Town of Bourne

ISWM Transfer Station Building

Please See Electronic Version

16

Attachment A-17 Town of Bourne

ISWM Capped Landfill: SE slope

Please See Electronic Version

17

Attachment A-18 Town of Bourne

ISWM Capped Landfill: Western slope

Please See Electronic Version

18

Attachment A-19 Town of Bourne

ISWM Uncapped Southern Parcel

Please See Electronic Version

19

Attachment A-20 Town of Bourne

Bourne Town Hall

Please See Electronic Version

20

Attachment A-21 Town of Bourne

DNR Garage Building

Please See Electronic Version

21

Attachment A-22 Town of Brewster

DPW Offices And Garage

Please See Electronic Version

22

Attachment A-23 Town of Brewster

MSW Transfer Station Building

Please See Electronic Version

23

Attachment A-24 Town of Brewster

Police Station

Please See Electronic Version

24

Attachment A-25 Town of Brewster

Water Department Facility

Please See Electronic Version

25

Attachment A-26 Town of Brewster

Water Treatment Facility

Please See Electronic Version

26

Attachment A-27 Town of Brewster

Captain’s Course Golf Cart Barns

Please See Electronic Version

27

Attachment A-28 Town of Brewster

Captain’s Course Golf Course Clubhouse

Please See Electronic Version

28

Attachment A-29 Town of Brewster Commerce Park

Please See Electronic Version

29

Attachment A-30 Town of Chatham

Airport

Please See Electronic Version

30

Attachment A-31 Town of Chatham

Wharfinger Building

Please See Electronic Version

31

Attachment A-32 Town of Chatham Fish Pier Building

Please See Electronic Version

32

Attachment A-33 Town of Chatham

Police Station

Please See Electronic Version

33

Attachment A-34 Town of Chatham Town Hall Annex

Please See Electronic Version

34

Attachment A-35 Town of Chatham

DPW Upper Garage

Please See Electronic Version

35

Attachment A-36 Town of Chatham

Transfer Station Building

Please See Electronic Version

36

Attachment A-37 Town of Chatham

Parks Department Shop

Please See Electronic Version

37

Attachment A-38 Town of Chatham

Volunteer Park

Please See Electronic Version

38

Attachment A-39

Centerville, Osterville, Marston Mills Fire / Water District Hayden Wellfield

Please See Electronic Version

39

Attachment A-40

Centerville, Osterville, Marston Mills Fire / Water District Murray Wellfield

Please See Electronic Version

40

Attachment A-41

Dennis / Yarmouth School District Dennis / Yarmouth High School & Station Avenue School Grounds

Please See Electronic Version

41

Attachment A-42

Dennis / Yarmouth School District Dennis / Yarmouth High School

Please See Electronic Version

42

Attachment A-43

Dennis / Yarmouth School District Ezra Baker School

Please See Electronic Version

43

Attachment A-44

Dennis / Yarmouth School District Marguerite Small School

Please See Electronic Version

44

Attachment A-45

Dennis / Yarmouth School District Mattacheese School Grounds

Please See Electronic Version

45

Attachment A-46

Dennis / Yarmouth School District Mattacheese School Building

Please See Electronic Version

46

Attachment A-47

Dennis / Yarmouth School District Wixon School

Please See Electronic Version

47

Attachment A-48 Town of Eastham

Fire Station

Please See Electronic Version

48

Attachment A-49 Town of Eastham

Police Station

Please See Electronic Version

49

Attachment A-50 Town of Eastham

Recreation Building

Please See Electronic Version

50

Attachment A-51 Town of Eastham

Town Hall

Please See Electronic Version

51

Attachment A-52 Town of Harwich

Golf Course Clubhouse

Please See Electronic Version

52

Attachment A-53 Town of Harwich

Golf Course Maintenance Building

Please See Electronic Version

53

Attachment A-54 Town of Harwich

Golf Course Grounds

Please See Electronic Version

54

Attachment A-55 Town of Harwich

Harbormaster Office Building

Please See Electronic Version

55

Attachment A-56 Town of Harwich

Community Center

Please See Electronic Version

56

Attachment A-57 Town of Harwich

DPW Building

Please See Electronic Version

57

Attachment A-58 Town of Harwich Transfer Station

Please See Electronic Version

58

Attachment A-59 Town of Harwich

Water Department – Wellfield 1

Please See Electronic Version

59

Attachment A-60 Town of Harwich

Water Department – Wellfield 2

Please See Electronic Version

60

Attachment A-61 Town of Harwich

Water Department – Wellfield 3

Please See Electronic Version

61

Attachment A-62

Massachusetts Military Reserve

Please See Electronic Version

62

Attachment A-63

Nauset School District

Please See Electronic Version

63

Attachment A-64

Town of Oak Bluffs Library

Please See Electronic Version

64

Attachment A-65

Town of Oak Bluffs School

Please See Electronic Version

65

Attachment A-66

Town of Oak Bluffs Wastewater Treatment Plant

Please See Electronic Version

66

Attachment A-67 Town of Orleans Orleans Landfill

Please See Electronic Version

67

Attachment A-68 Town of Orleans

Orleans Watershed Land

Please See Electronic Version

68

Attachment A-69 Town of Orleans

Water Treatment Plant Grounds

Please See Electronic Version

69

Attachment A-70 Town of Orleans

Water Shed / Wind 1 Site

Please See Electronic Version

70

Attachment A-71 Town of Orleans

Water Treatment Plant

Please See Electronic Version

71

Attachment A-72

Town of Provincetown Cemetery Building

Please See Electronic Version

72

Attachment A-73

Town of Provincetown Harbormaster Building

Please See Electronic Version

73

Attachment A-74

Town of Provincetown Harbormaster Pavilion

Please See Electronic Version

74

Attachment A-75

Town of Provincetown Provincetown High School

Please See Electronic Version

75

Attachment A-76 Town of Provincetown

Knowles Crossing Water Lands

Please See Electronic Version

76

Attachment A-77 Town of Provincetown

Pumping Station

Please See Electronic Version

77

Attachment A-78 Town of Provincetown

Shank Painter Fire Station

Please See Electronic Version

78

Attachment A-79

Town of Provincetown Transfer Station

Please See Electronic Version

79

Attachment A-80 Town of Provincetown

Wastewater Treatment Plant Building

Please See Electronic Version

80

Attachment A-81

Town of Sandwich Sandwich Hollows Golf Clubhouse

Please See Electronic Version

81

Attachment A-82

Town of Sandwich Oak Ridge School

Please See Electronic Version

82

Attachment A-83

Town of Sandwich Forestdale School

Please See Electronic Version

83

Attachment A-84 Town of Sandwich

Forestdale School Waste Treatment Building

Please See Electronic Version

84

Attachment A-85

Town of Sandwich Sandwich High School

Please See Electronic Version

85

Attachment A-86

Town of Sandwich Oak Crest Cove Lodge

Please See Electronic Version

86

Attachment A-87

Town of Sandwich DPW Barn

Please See Electronic Version

87

Attachment A-88 Town of Sandwich

“New” Salt Storage Shed

Please See Electronic Version

88

Attachment A-89

Town of Sandwich “Old” Salt Storage Shed

Please See Electronic Version

89

Attachment A-90

Town of Sandwich Transfer Station Building

Please See Electronic Version

90

Attachment A-91

Town of Sandwich Ryder Conservation Barn

Please See Electronic Version

91

Attachment A-92

Town of Sandwich Water District Wellsite 11

Please See Electronic Version

92

Attachment A-93 Town of Sandwich

Parcel Adjacent to Human Services

Please See Electronic Version

93

Attachment A-94

Town of Sandwich Field Area off Schumacher Way

Please See Electronic Version

94

Attachment A-95

Town of Sandwich Sandwich Conservation – Discovery Hill

Please See Electronic Version

95

Attachment A-96 Town of Tisbury DPW Building

Please See Electronic Version

96

Attachment A-97 Town of Tisbury

Old Septage Dumping Area

Please See Electronic Version

97

Attachment A-98 Town of West Tisbury

Capped Landfill

Please See Electronic Version

98

Attachment A-99

Town of Yarmouth Town Hall

Please See Electronic Version

99

Attachment A-100 Town of Yarmouth

Fire Station 1

Please See Electronic Version

100

Attachment A-101 Town of Yarmouth

Fire Station 3

Please See Electronic Version

101

Attachment A-102 Town of Yarmouth

The Lodge at Flax Pond

Please See Electronic Version

102

Attachment A-103 Town of Yarmouth

Police Station

Please See Electronic Version

103

Attachment A-104 Town of Yarmouth

Wellfield 9

Please See Electronic Version

104

Attachment A-105 Town of Yarmouth

Wellfield 20, 24

Please See Electronic Version

105

Attachment A-106 Town of Yarmouth

Wellfield 23

Please See Electronic Version

106

Attachment A-107 Town of Yarmouth

Yarmouth Barnstable Transfer Station

Please See Electronic Version

107

Attachment A-108 Town of Yarmouth

Yarmouth Dennis Septage Treatment Plant Please See Electronic Version

108

ATTACHMENT B

PROPOSAL EVALUATION FORM

(To be complete by the Awarding Authority and/or Member for each proposal

received) 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. Responsive Proposal: No Yes

1. Attachment E: Proposal Cover Letter 2. DCAM Contractor Certification & Update Statement 3. Attachment F: Certificate of Non-Collusion 4. Attachment G: Attestation Regarding Filing of Tax Returns and Contributions 5. Attachment H: Price Proposal 6. Acceptance of Mandatory Contract Terms

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 Non-Price Proposal: Approach and Schedule. Proposal shall include an explanation of how the Respondent will approach the various tasks, including scheduling, methods and sources.

a. Unacceptable: No proposal b. Not Advantageous: Incomplete proposal c. Advantageous: Complete proposal d. Highly Advantageous:

109

Most extensive and clear proposal Respondent 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 Respondent to perform the work on schedule and be responsive to the Awarding Authority’s concerns should be clear. The Awarding Authority may evaluate the Respondent’s ability to form successful working relationships and communications with the Awarding Authority.

a. Unacceptable: No proposal b. Not Advantageous: Incomplete proposal c. Advantageous: Complete proposal d. Highly Advantageous: Most extensive and clear proposal

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 Respondent). 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 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 c. Advantageous: Complete proposal d. Highly Advantageous: Most extensive and clear proposal

Performance Record of Respondent. 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 Respondent shall indicate the individuals on staff who had

110

responsibility for each project and whether or not these people are still employed by the Respondent.

a. Unacceptable: No proposal b. Not Advantageous: Incomplete proposal c. Advantageous: Complete proposal d. Highly Advantageous: Most extensive and clear proposal

Project Understanding. The Respondent must demonstrate a comprehension of the role and function of this contract in meeting the needs of the Awarding Authority. In addition to the understanding of the scope and approach, the Respondent must demonstrate the following, which will be considered in the selection: o Knowledge of current issues and state-of-the-art technologies. o Experience demonstrated on similar projects. o Working knowledge of the geographic area as evidenced by prior work experience in

the region. o Demonstrated expertise and ability for rapid turnaround and flexibility on short-term

projects. o Capability to direct effectively multiple simultaneous work assignments. o Ability to integrate and utilize interdisciplinary study teams effectively on

assignments requiring a variety of skills and expertise from in-house resources. o Ability to provide the necessary skills and expertise from in-house resources.

a. Unacceptable: No proposal b. Not Advantageous: Incomplete proposal c. Advantageous: Complete proposal d. Highly Advantageous: Most extensive and clear proposal

Thoroughness of Proposal.

a. Unacceptable: No proposal b. Not Advantageous: Incomplete proposal c. Advantageous: Complete proposal d. Highly Advantageous:

111

Most extensive and clear proposal Other Relevant Issues. The Awarding Authority may evaluate importance of other relevant issues presented by the Respondent.

a. Unacceptable: N/A b. Not Advantageous:

Self-serving presentations that do not improve and advance the goals of this RFP

c. Advantageous: Presentations that do improve and advance the goals of this RFP d. Highly Advantageous:

Presentations that significantly improve and advance the goals of this RFP Price Proposal. The Respondent’s Price Proposal must include at a minimum: • Guaranteed annual electric output; • Annual system degradation factor; • Energy price ($/kWh); • Decommissioning assurance amount; and • Any other required pricing information.

a. Unacceptable: No price proposal

b. Not advantageous: High price per kWh

c. Advantageous: Low price per kWh

d. Highly Advantageous: Low price per kWh, and disposition of other attributes, credits, incentives, grants and rebates to the Awarding Authority

"BEST PRICE" CRITERIA

The "best" Proposal price will be determined by two factors:

1. The greatest total financial return to the Members and Non-Member Participants over the length of the Contract; and,

2. The highest protection of the Awarding Authority and its Members and Non-Member Participants against risk.

ATTACHMENT C

COMMON TECHNICAL SPECIFICATIONS

This Attachment C describes the technical specifications and requirements that are common to all the PV Systems. These common technical specifications are those that each PV System must meet or exceed. The Respondent must consider these Technical Specifications in the development of its Proposal. These specifications and requirements are not intended to be all-encompassing, nor are they intended to override good engineering practice or applicable laws and code requirements. The Contractor is responsible for conformance to all relevant, prevailing codes, and the codes take precedence over these Technical Specifications. Site-specific conditions and/or local regulations may require additional specifications and requirements not included in this Attachment C. A. Design

1. Design Life and Estimated Production Requirements a. Each PV System shall have a service life of twenty (20) years at rated

load. b. The PV System must be designed so that the estimated annual energy

output for the PV System, based on actual site-specific shading, azimuth, and inclination is at least 80% of the default optimal output for a fixed PV System of the same capacity in Boston as estimated by PVWATTS Version 1. PVWATTS Version 1 is available at the following website: http://rredc.nrel.gov/solar/calculators/PVWATTS/version1/US/Massachusetts/.

2. Additional Design Requirements - Stamped affidavits or drawings are required for the electrical and structural components of the installation. a. The electrical design of the PV System must be performed by a

Professional Engineer (“PE”) licensed in the Commonwealth of Massachusetts.

b. The structural design of the PV System requires a stamped affidavit from a Massachusetts-licensed PE confirming that the underlying structure or bearing statum, is adequate to withstand the static and dynamic loads of the PV System. The analysis must include all mounted portions of the PV System, including modules, racks, ballast, and other related components. The analysis must also include all mount securing portions of the PV System, including any anchors and penetrating devices.

B. Equipment

1. General - All mounting materials for the PV System shall be corrosion-proof aluminum or 316 stainless steel. If the Contractor determines the use of galvanized structural steel is warranted, the extent of Contractor’s use of such

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material shall be clearly outlined in the Contractor’s Proposal. All materials subject to exposure to the sun must be sunlight resistant material. All conductors shall be copper. Bare copper conductors exposed to free air shall be tin-plated. Alternative materials must be approved by the Awarding Authority.

2. Inverters

a. Inverter efficiency shall be equal to or greater than 93%. b. Installation shall meet the current UL 1741/IEEE Standard 1547, MEC

codes and the latest applicable ANSI and FCC standards and addenda dated prior to the award of the purchase order for this procurement.

c. Inverters shall be approved and listed with the California Energy Commission’s list of eligible PV modules: http://www.gosolarcalifornia.ca.gov/equipment/pv_modules.php.

d. The point of interconnection for the inverter(s) shall not be in parallel with any backup generators at the site during emergency generation.

e. Each inverter shall include: i. Automatic operation including start-up, shutdown, self-diagnosis,

fault detection and alarming. ii. Ground fault protection.

iii. NEMA 2R rating for interior electrical room location or NEMA 3R for any exterior locations.

f. The inverter(s) must have secure, weatherproof housing in the exterior installation.

g. The inverter(s) housing must be a sound structure designed to withstand all dead load, live load, wind and seismic loads for the area.

h. Lightning protection must be provided for the inverter(s) housing.

3. Combiner & Junction Boxes - Combiner boxes and junction boxes which are located outdoors shall have the following characteristics: NEMA 4X enclosure, 600 VDC, and listed by a nationally recognized testing laboratory. All PV System output circuits shall be protected by lightning arrestors of the appropriate voltage rating.

4. DC Disconnect Switches - The DC disconnect(s) shall be 600 VDC, heavy-

duty safety switch and be listed by a nationally recognized testing laboratory. Where located outdoors, disconnects shall be NEMA 3R. Where fused disconnects are used, the fuse shall have appropriate DC ratings.

5. AC Disconnects - All AC disconnects shall be rated to interrupt the necessary

voltage and current for the application and be listed by a nationally recognized testing laboratory. Where located outdoors disconnects shall be NEMA 3R. The AC disconnect shall be appropriately located per the utility’s requirements and its location shall be noted on the one-line electrical drawing.

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6. Interconnection Circuit Breaker - The Contractor shall provide the appropriate size, make, and model circuit breaker for the specified AC interconnection switchgear that is suitable for back feed in accordance with NEC 690.64.

7. Wiring and Conduit

a. All system wiring shall be of an MEC approved wiring method. All conductors shall have a temperature rating of 90 degrees C or lower.

b. All conductors shall be copper, sized appropriately to minimize line losses.

c. All conduits used in interior building applications shall be electro metallic tubing (“EMT”).

d. All exterior conduits shall be hot dipped galvanized EMT with weather tight compression fittings and expansion joints as required.

e. Expansion fittings shall be used in conduit runs in compliance with MEC article 300.7. A value of 144°F (80°C) shall be used for the maximum change in temperature (delta T) in the calculation of conduit expansion.

f. All conduits shall be bonded at each end using listed bonding bushings. g. Where conduit is attached to roofs, fully flashed, non ferrous stanchions

shall allow for expansion and contraction. For roof-mounted conditions, conduits shall be supported at a height greater than 3.5 inches by fully flashed, non ferrous stanchions. Manufacturer’s approved surface applied stanchions shall be used on membrane roofs.

h. All outdoor electrical enclosures shall be NEMA 3R and have watertight connections.

i. Exposed cables shall be listed as sunlight resistant and have a temperature rating of 90°C. These conductors shall be properly secured and well supported. Conductors are not permitted to be resting on the abrasive surfaces such as asphalt shingles.

j. All wiring and conductors installed in subsurface applications shall be housed in utility grade PVC conduit(s) sufficiently covered and include trench warning identification. Spare conduits shall also be installed with a volumetric capacity of at least 25% of the original service. In the event subsurface conduits are exposed to vehicular traffic, concrete encasement shall be included.

8. PV System Grounding - The PV System shall be properly grounded in

accordance with all applicable requirements of local electrical, MEC and NEC codes.

9. PV Array

a. PV Modules i. Modules shall be UL 1703 listed.

ii. Modules shall be approved and listed on the California Energy Commission’s list of eligible PV modules: http://www.gosolarcalifornia.ca.gov/equipment/pvmodule.html.

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b. Mounting Systems i. In all installations, the mounting system shall promote ambient air

circulation beneath and above modules to enhance efficiency. The lower edge of the panels on the mounting should be designed to eliminate power production losses from snow coverage and provide a comfortable working height for maintenance.

ii. Modules shall be individually removable for maintenance and repair.

iii. The mounting system, regardless of application, shall be designed to meet or exceed requirements of all applicable state and local building codes, including wind speed, snow and seismic load requirements. The Contractor shall describe and document the wind and snow loads that the PV System is designed to withstand.

iv. For ballasted roof mounted systems the Contractor shall provide a manufacturer’s comprehensive designed system. The Professional Engineer responsible for this portion of work shall also be licensed in the state of Massachusetts.

v. In the event an existing lightning protection system is modified or augmented, the Contractor is responsible for UL recertification.

vi. Each module row or column must be separated to minimize shadowing effects on other modules. The spacing between modules shall be noted on the PV layout drawing.

10. Installation Requirements

a. The output of the PV inverter(s) shall not interfere with or damage the function of existing building electrical distribution systems. All serviceable components must be “accessible” as defined by the MEC article 100. The installation shall comply with all applicable federal, state and local building codes including the latest Massachusetts Electrical Code. The Contractor shall not, under any circumstance, operate switchgear forming part of the main distribution system. The Contractor shall coordinate with the Awarding Authority to operate the switchgear to disconnect or re-energize loads. Advanced notice shall be given to the Awarding Authority for interconnection of PV System output or if the switchgear is to be turned off.

b. The PV System electrical work must be performed by individuals licensed in Massachusetts.

c. The PV System must be installed according to the manufacturer’s instructions and in compliance with all applicable codes and standards.

d. The Contractor is responsible for all aspects of the local electric utility interconnection agreement including the submission of Schedule Z to accommodate any net metering arrangement requested by the Awarding Authority. An application must be submitted to the local electric utility, with or without Schedule Z as appropriate, to start the formal interconnection process, and sufficient lead time should be allowed to successfully achieve interconnection under the local electric utility

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interconnection standards. All PV Systems must have an appropriate electric utility interconnection agreement in place at the time of interconnection to the utility grid.

e. All pertinent permits and inspections must be obtained and copies kept on file as may be required by local codes and/or state law.

f. All PV Systems shall include appropriate surge arresters or other means to protect the PV System components from lightning and other surge events. It is the responsibility of the Contractor to ensure that the installation meets any local, state or federal building and electrical laws that address lightning and surge protection.

11. PV System Warranty Requirements

a. Contractor Warranty. All PV Systems must have a minimum five (5) year labor warranty provided by the Contractor to protect the Awarding Authority against defective workmanship, PV System or component breakdown, or degradation in electrical output of more than fifteen percent from their originally rated electrical output during the warranty period. The warranty must cover the PV System, including PV modules (panels) and inverter(s), racking, conduit run, and components, and provide for no-cost repair or replacement of the PV System, components, including any associated labor during the warranty period.

b. Manufacturer Warranty. All major equipment must meet the following minimum manufacturer warranties:

i. Photovoltaic Module: Minimum of one (1) year product warranty from date of sale to first consumer purchaser for product workmanship and materials, plus a minimum performance warranty of twenty (20) years within which time the module will produce, under standard test conditions, a minimum of 80% of the product’s minimum rated power at time of sale.

ii. Inverters: Minimum of ten (10) years product warranty from date of sale to first consumer purchaser for product workmanship and materials.

iii. Revenue grade production meters: Minimum of two (2) years following the effective commercial operation date that the meter system will be free from all defects in design, materials and workmanship. Such warranty, containing no exclusions or limitations, shall be in a form acceptable to, and for the benefit of, the Awarding Authority.

iv. Mounting equipment: The Contractor shall obtain from the mounting system manufacturer(s) a warranty that the mounting system(s) will be free from all defects in design, materials and workmanship for a period of ten (10) years following the effective commercial operation date. Such warranty, containing no exclusions or limitations, shall be in a form acceptable to, and for the benefit of, the Awarding Authority.

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12. Electricity Production Meter Requirements - All PV Systems must have a dedicated revenue grade production meter that: a. is readily accessible and easily understood by the Awarding Authority; b. records the PV System’s AC output as measured on the AC side of the PV

System’s isolation transformer; c. shall be separate from the local utility billing meter and shall not interfere

with utility billing or net metering; d. must be a standard utility “revenue quality” meter that conforms to

applicable American National Standards Institute (“ANSI”) C-12 standards and shall be installed on the AC output side of the PV System’s inverter or isolation transformer; and

e. shall have a visible display of cumulative energy produced by the PV System and be available for periodic testing and/or re-calibration, if necessary.

13. Automated Reporting - All PV Systems must include an automated reporting

system, i.e. Data Acquisition System (“DAS”) which will report to the Massachusetts Renewable Energy Trust (“MRET”) Production Tracking System (“PTS”).

C. Commissioning Requirements

1. Commissioning Procedure - At a minimum, the Contractor’s sample testing and commissioning plan shall cover: a. measurement and recording of voltage-open-circuit of every source

circuit; b. performance of inverter startup tests as specified by the inverter

manufacturer in the inverter operation manual; c. measurement of AC power and comparison to predicted power based upon

estimated irradiance level; d. performance of loss of grid test and verification of five minute delay upon

restoration of the grid; and e. measurement and recording of Imp of every source circuit, measured at

each combiner box (source circuit measurements should be done under uniform irradiance conditions and the time of the first and last measurements taken at each combiner box should be recorded).

2. The Contractor shall verify that the data acquisition/display system is

functioning properly, comparing independent measurements to data acquisition display.

3. The Contractor shall correct, at no additional cost to the Awarding Authority,

any deficiencies uncovered by the testing prior to commissioning of the PV System.

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D. Training Requirements

The Contractor shall train the Awarding Authority or staff at the Facility awarded to the Contractor, on basic principles of operation, maintenance requirements, on-line data monitoring, and safety issues that are specific to the PV System installed (including points of contact in emergency situations). An operations manual to accompany the training will be delivered to the Facility.

E. Documentation Requirements 1. Documentation – The Contractor shall prepare an Operations and

Maintenance manual for the PV System at each Facility. In addition, the Contractor shall provide the Awarding Authority with one (1) printed copy and two (2) digital copies on CD of the information listed below.

2. The documentation shall include: a. A complete set of all approved shop drawings, a list of equipment and

products used, and product literature. The list of equipment shall include the manufacturer, brand name, model (if applicable), equipment components, recommended maintenance procedures for each piece of equipment, approximate amount of product installed and materials contained in the product.

b. Record drawings showing, to scale, the location of all arrays, locations of major equipment, including combiner box clusters, all underground and major conduit runs, grounding electrodes and specific locations to building or utility connections points. The record drawings shall also contain detailed DC and AC electrical schematics.

c. Trouble shooting guidelines. d. PV System maintenance schedule and procedures. e. Contact information for technical assistance and parts ordering. f. Records of all warranties and serial numbers of all warranted equipment.

ATTACHMENT D

MANDATORY CONTRACT TERMS AND FORM OF EMS AGREEMENT

DEVIATIONS FROM THESE TERMS WILL NOT BE PERMITTED

1. Term: The term of the Contract shall be for no more than twenty (20) years.

2. Engineering Study: For a capped landfill Facility, the Contractor must perform the necessary Massachusetts Department of Environmental Protection (“DEP”) post-closure compliance engineering studies of acceptable quality to CVEC regarding the use of the Facility for a ground-mounted solar PV System. The Contractor must 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 for the corresponding discipline.

3. Scope of Work: The Contractor’s performance under the Contract will adhere to the Minimum Technical Specifications outlined in Attachment C to the RFP.

4. Measurement and Verification: The Contractor 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.

5. Guaranteed Output/Annual System Degradation: The Contract will include a guaranteed annual energy output (kWh/yr minus onsite parasitic load) and an annual system degradation factor. The only allowable adjustment to the guaranteed annual energy output is the annual system degradation factor. The guaranteed annual output shall not be corrected for weather related variability. The production shortfall will be measured on a yearly basis and damages for a production shortfall, if any, will be paid on a yearly basis (no true-up is allowed).

6. Capacity: CVEC shall retain all rights to any capacity credits from the PV System.

7. Compensation: Payments to the Contractor shall be on a price per kWh basis for the energy generated from the PV System.

8. Compliance with Laws: The Contractor shall perform its obligations under the Contract in compliance with any and all applicable federal, state, and local laws, rules, and regulations, (including, but not limited to, applicable licensing requirements, sound engineering and safety practices, the Massachusetts Building Code, laws of prevailing wage and non-discrimination in employment) and any and all reasonable rules of CVEC relative to the Facility or Facilities.

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9. Permits and Approvals: The Contractor shall be responsible for designing, financing (unless CVEC elects an alternative project structure proposed by the Contractor), procuring, installing, testing, commissioning, operating and maintaining the PV System and obtaining all governmental permits, consents, and authorizations as may be required to perform its obligations under the Contract (e.g., DEP post-closure landfill use permits, interconnection and net metering, building permits). The Contractor shall be responsible for submitting a Statement of Qualifications from the Department of Energy Resources on behalf of CVEC to qualify a PV System for the Massachusetts Solar Carve Out Program by July 2011. Contractor is responsible for all interconnection costs on the customer side of the meter. The Contract will include terms and conditions for the payment of interconnection costs on the local distribution company side of the meter.

10. Subcontracting: The Contractor may only subcontract work with prior written approval of CVEC. The Contractor shall be fully responsible for the acts and omissions of its subcontractors.

11. Indemnification: The Contractor will be required to fully indemnify CVEC and the Member or Non-Member Participant for all third-party claims related to the Contractor’s performance or failure to perform under the Contract. The Contractor will also be required to indemnify CVEC for violations of environmental and intellectual property laws. PURSUANT TO MASSACHUSETTS LAW (MASS. CONST. AMEND. ART 2, SEC. 7; M.G.L. C. 44, §31), MUNICIPALITIES ARE PROHIBITED FROM PROVIDING INDEMNIFICATION TO THE CONTRACTOR UNDER THE CONTRACT. UNDER NO CIRCUMSTANCE WILL CVEC PROVIDE CONTRACTUAL INDEMNIFICATION RIGHTS TO THE CONTRACTOR.

12. No Limitation of Liability: The Contract will not contain a clause limiting

the Contractor’s liability under the Contract. 13. Liquidated Damages: The Contractor will be required to pay CVEC

performance liquidated damages for any production shortfall and delay liquidated damages for failure to commence construction or achieve commercial operation by dates certain.

14. Insurance: The Contract will require the Contractor to obtain, at a minimum, per Facility (i) worker’s compensation insurance; (ii) commercial general liability insurance of at least three million dollars; (iii) professional liability insurance covering negligent errors, omissions, and acts of the Contractor or of any person or business entity for whose performance the Contractor is legally liable arising out of the performance of the Contract of at least 3 million dollars, (iv) comprehensive automobile liability coverage of at least 3 million dollars, (v) umbrella liability insurance with single limits in the amount of at least 3 million dollars, and (vi) all risk builder's risk property coverage.

15. Performance and Payment Bonds: The Contractor must provide a payment and performance bond as follows:

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a. Prior to the installation period for the PV System, the Contractor shall

furnish CVEC with a certified copy of a performance and payment bond, with CVEC as co-beneficiary, to secure the Contractor’s obligations for payment of laborers, suppliers, and all subcontractors;

b. The performance and payment 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;

c. Unless otherwise specified by CVEC, the performance and payment bonds shall remain in effect during the installation period for the PV System. The installation period shall include all time required for installation, testing, measuring initial performance, and CVEC’s acceptance of the installed PV System;

d. The performance bond shall be released upon CVEC’s 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,

e. The Contractor shall not file any mechanics liens against CVEC or a Member/Non-Member Participant and this requirement shall flow down to all subcontractors. 16. Payment and Performance Guarantee: Contractor shall provide a

performance and payment guarantee for the term of the Contract to cover Contractor’s obligations under the Contract. The Contractor may propose a form of guarantee, including, but not limited to, a corporate guarantee backstop by a parent company or credit enhancement by a financial institution. The terms of the guarantee shall be consistent with the Mandatory Contract Terms (e.g. indemnification, dispute resolution, applicable law and venue).

17. Decommissioning Assurance: The Contractor must provide adequate financial assurance, in a form reasonably satisfactory to CVEC, to fully cover the cost of decommissioning the PV System and restoration of the surrounding property. Such assurance is required as of commercial operation of the PV System, and may be included as part of the Payment and Performance Guarantee required upon execution of the Contract.

18. Buy-out: The Contract will provide CVEC with the right to purchase the PV System from the Contractor in years seven (7), ten (10), twelve (12) and fifteen (15) of the Contract.

19. Dispute Resolution; Applicable Law and Venue: The Contract will contain an alternative dispute resolution clause prior to litigation except in the case of requests for injunctive relief. The Contract will be governed by Massachusetts law and venue for any judicial actions relating to the Contract will be Barnstable County Superior Court.

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20. Design and Permit Review. Contractor shall pay to CVEC within thirty (30) days of the Effective Date of the Contract a sum of $5,000 for oversight of the design and permitting of the PV System.

21. CVEC Early Termination Right. CVEC shall have the right to terminate the Contract prior to the installation period in the event that it determines the PV System is not eligible for net metering.

22. Other Terms: The Contract will contain terms and provisions dealing with facility maintenance, performance standards, record keeping requirements, audit rights, environmental or other attributes (such as S-RECs, greenhouse gas offsets, etc.) that are generated in connection with the operation of the PV System, tax credits or incentives generated in connection with the operation of the PV System, grants or rebates obtained in connection with the installation of the PV System and other contract terms that are customary in energy management services contracts for a solar PV System.

ATTACHMENT E

FORM OF COVER LETTER [To be typed on proposer’s letterhead. Fill in all bracketed sections and delete or re-format all brackets, italics and instructions. Blackline or otherwise indicate all changes in wording, additions or deletions.] E. Mark Zielinksi, Chief Procurement Officer Cape & Vineyard Electric Cooperative, Inc. P.O. Box 427/SCH Barnstable, MA 02630

RE: Transmittal Letter for Request for Proposal for PV Systems Dear Mr. Zielinski:

In response to your request for proposals (“RFP”), we [insert name of proposer] (the proposer) hereby submit our proposal to implement a performance based renewable energy system with guaranteed onsite energy generation at [insert name of Facility(ies)]. We offer the following commitments and representations to the Cape & Vineyard Electric Cooperative, Inc. (“CVEC”): 1. The undersigned is authorized to submit this proposal on behalf of the proposer and to bind the proposer to its terms. We have fully reviewed the RFP and any and all addenda thereto, and we fully understand the scope and nature of the project and contractual arrangements for which proposals are being requested.

2. Our proposal has been prepared and is submitted without collusion, fraud or any other action taken in restraint of free and open competition for the response to the RFP. Neither the proposer nor any member of the proposer’s project team is currently suspended or debarred from doing business with any governmental entity. 3. We certify that all of the information provided in our proposal is true and accurate and that CVEC may rely on such information in the evaluation of our proposal. We have read and understand the evaluation criteria in the RFP. We accept that CVEC reserves the right to waive informalities and to reject in whole or in part any and all proposals. We accept that CVEC reserves the right to select the proposal that CVEC views as most advantageous on the basis of the evaluation criteria listed in the RFP. 4. We acknowledge that the work to be performed under the Contract (as defined in the RFP), including work by subcontractors, must comply with the provisions of the Massachusetts General Laws pertaining to prevailing wage. 5. We agree to take full responsibility for all costs of preparing this proposal. We waive any and all claims against CVEC and its employees, representatives and agents

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related to the cost of preparing, submitting and having CVEC review and evaluate this proposal. 6. We agree to allow CVEC until _____________ to accept this proposal on its stated terms.

7. We have reviewed the Mandatory Contract Terms set forth in the RFP. We expressly acknowledge that deviations from the Mandatory Contract Terms are not permitted. We acknowledge that CVEC reserves the right to select an alternative proposal if our proposal is selected and the Contract is not negotiated to the satisfaction of CVEC’s board. We waive any and all claims against CVEC and its employees, representatives, and agents, in the event that we are unable to conclude negotiation of a mutually acceptable contract. Sincerely, [Insert name of proposer] By: [Insert authorized representative] Print or type name

ATTACHMENT F

CERTIFICATE OF NON-COLLUSION

The undersigned certifies, under penalties of perjury that this Proposal has been

made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word “person” shall mean any natural person, business, partnership, corporation, union, committee, club or other organization, entity, or group of individuals. ___________________________________ (Signature) ___________________________________ (Name of person signing Proposal) ___________________________________ (Name of business)

ATTACHMENT G

ATTESTATION REGARDING FILING OF TAX RETURNS AND CONTRIBUTIONS AND PAYMENTS IN LIEU OF CONTRIBUTIONS

TO: CAPE & VINEYARD ELECTRIC COOPERATIVE, INC. Pursuant to M.G.L. ch. 62C, §49A, I certify under the penalties of perjury that the undersigned Respondent, to the best of his/her knowledge and belief, has filed all state tax returns and paid all state taxes required under law. I also certify under the penalties of perjury that pursuant to G.L. c. 151A, §19A(b), the undersigned Respondent has complied with all Massachusetts laws relating to contributions and payment in lieu of contributions. __________________________________ ____________________________________ Social Security Number or Signature of Individual or Officer Federal Identification Number _________________________________ ____________________________________ Date Name of Corporation

ATTACHMENT H SAMPLE PRICE PROPOSAL FORM

Please provide a Price Proposal for each Facility contained in the Respondent’s

Proposal. Facility Name (i.e. Town of ______ capped landfill):

Expected Annual Energy Output: ________________kWh Guaranteed Annual Electric Output:

________________kWh

PV System Capacity (AC) ______ PV System Capacity (DC) ______ PV System Probability P [___] PV System Capacity Factor ______% Annual System Degradation Factor:

______%

Energy price ($/kWh):

Decommissioning Assurance Amount:

Proposed buy-out amount for the PV System (and/or methodology for calculating such amount) and the timing of such buy-out (include, at a minimum, a buy-out option for year seven (7), ten (10), twelve (12) and fifteen (15) of the Contract). If unable to provide a specific buy-out amount, please provide an indicative price and explain how such price was calculated:

In addition, Respondent’s Price Proposal should address the following: • Provide any other contract terms related to financial matters that Respondent would

require.