request for proposal (rfp) wilton municipal solar …wiltonct.org/documents/municipal solar project...

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REQUEST FOR PROPOSAL (RFP)

WILTON MUNICIPAL SOLAR PROJECT The Town of Wilton is seeking proposals for an engineering, procurement and construction contractor (“EPC Contractor”) for roof-mounted solar photovoltaic systems, under power purchase agreements (“PPAs”) for the following schools:

• Wilton High School, 395 Danbury Road, Wilton, CT 06897 • Middlebrook School, 131 School Road, Wilton, CT 06897 • Miller-Driscoll School, 336 Belden Hill Road, Wilton, CT 06897

1.1 INTENT TO RESPOND & QUESTIONS CONCERNING RFP Intent to Respond - Interested Respondent’s must email Gil Bray at [email protected] indicating an intent to respond to RFP by 8:00 am by Friday, February 17, 2017. An email indicating the intent to respond does not obligate Respondent to provide a submission. No alleged "verbal interpretation" shall be held valid. Every request for an interpretation shall be made via email to Gil Bray at [email protected]. Responses to questions and requests for interpretation will be made available to all interested parties. The deadline for submission of questions and requests for interpretation is Friday, February 24, 2017, 4:00 pm. Respondent Questions - Respondents will receive an email of Q&A related to the RFP on or about Friday, March 3, 2017. 1.2 OVERVIEW The Town of Wilton (the “Town”) is soliciting proposals from qualified EPC Contractors to design, fabricate, deliver, install, operate and maintain rooftop mounted solar photovoltaic electric generating systems under PPAs for the Wilton High School, Miller-Driscoll School and Middlebrook School. The schools are located on property owned by the Town. See Appendix A for building drawings, including potential solar array locations. The scope of work shall also include securing all necessary permits and approvals, all labor, taxes, services, permit fees and equipment necessary to produce fully operational solar photovoltaic systems. The proposals should include a system summary detailing each solar array roof location and applicable equipment/size, and a sample cash flow analysis detailing expected savings (both kWh and dollar) and potential buyout details along with projected long-term savings. The Town has secured Z-REC tariff agreements for Miller-Driscoll School and Middlebrook School. See Appendix B for copies of the Eversource Z-REC contracts awarded to the Town of Wilton for the Miller Driscoll and the Middlebrook Schools. Under the Miller-Driscoll and Middlebrook tariff agreements, Eversource agreed to pay the Town of Wilton $124.75 for each megawatt hour of renewable electricity production for a period of 15 years. A third Z-REC tariff agreement with Eversource for an installed capacity of 249kw (AC) will be applied for in connection with the Wilton High School. For the purposes of this RFP, it should be assumed that a Z-REC contract in the amount of either $124.75 or $110.00 is secured. The Town of Wilton requests indicative pricing for both of these Z-REC prices for the Wilton High School. The three tariff agreements will be assigned to the investor in exchange for a reduced electricity price per

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kwh over a 20-year period. The Schedule is as follows:

1. Post RFP February 1, 2017

2. Legal Notice Published February 3, 2017

3. Mandatory Intent to Bid Registration February 17, 2017

4. Mandatory Pre-Proposal Conference February 17, 2017 (Snow Date 2/21) 9:00 am EST-12:00 pm EST Wilton Town Hall Annex Room A

5. Deadline for Questions February 24, 2017, 4:00 pm EST

6. RFP Submissions Due March 9, 2017, 4:00 pm EST 7. Contractor Selected May 1, 2017 (anticipated)

8. Execution of PPAs May 22, 2017 (anticipated)

9. Installations Commence July 2017 (anticipated)

10. Installations Completed September 1, 2017 (anticipated)

The firm engaged pursuant to this RFP will work directly with designated Town representatives and Wilton Energy Commission members to fulfill the objectives set forth in this RFP and as embodied in the contract to be executed between the Town and the selected respondent(s). The Town reserves the right to reject any or all proposals, to waive any informality in the RFP process, or to terminate the RFP process at any time, if deemed to be in the Town’s best interest. The Town further reserves the following rights:

1. Not to award a contract pursuant to this RFP;

2. To award a contract to other than the lowest bidder or a bidder that does not respond to all items contained in this RFP;

3. To award contracts to more than one respondent;

4. To rescind an award at any time for its convenience upon written notice to the successful respondent;

5. To retain all proposals submitted and not permit withdrawal for a period of 90 days subsequent to the deadline for receiving proposals;

6. To negotiate the fees proposed by all respondents and to suspend negotiations if the negotiations are not, in the opinion of Town, successfully concluded within a reasonable timeframe, as determined by Town;

7. To reject and not consider any proposal that does not meet the requirements of this RFP,

including but not limited to incomplete proposals, proposals offering alternate or non-requested services and proposals deemed non-responsive;

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8. Prior to award, to revise, change, alter or amend any of the instructions, terms, conditions

and/or specifications in the RFP or in any attachment, addendum or drawing; and

9. To advertise for new proposals or to proceed otherwise in the case of rejection of all proposals.

1.3 SERVICES TO BE PROVIDED BY THE EPC CONTRACTOR

a. Design, Engineering & Permitting

Supply design documents that provide the following minimum information for each school:

• Timeline/Project Schedule • System description • Equipment details, descriptions (e.g. Inverters, PV Modules & Racks),

(specifications/data sheets) • PV module layout plan • Inverter and other equipment installation location plan • All engineering associated with structural and mounting • Performance of equipment components, and subsystems • Integration of solar photovoltaic systems with existing power source(s) • Electrical grid interconnection requirements • Controls, monitors, and instrumentation, including lobby kiosk (dashboard/monitor)

for each school. • Remote System performance monitoring • Security for the system • Logistics and staging plan • Optimizes the Awarded Z-REC

Identify an appropriate location for the solar photovoltaic inverter equipment and its related components and control systems and emergency disconnect that will meet the following criteria:

• Ease of maintenance and monitoring • Low operating losses • Secured location • Compatibility with existing facilities • Architecturally and aesthetically compatible

Awarded firm will secure, at their own expense, all required rights, permits, approvals, and interconnection agreements from governing agencies and the utility company.

b. Installation/Construction

Supply all equipment, materials, and labor necessary to install the solar photovoltaic system at each school and integrate the system with other power sources. Provide a plan describing the delivery, storage, and security for all materials and equipment while on site.

c. Electrical Interconnections

Supply and install all equipment required to interconnect the solar photovoltaic system at each

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school to designated meters. The firm will fulfill all applications, studies, and testing procedures to complete the interconnection process. All costs associated with utility interconnection shall be borne by the firm.

d. Commissioning & Acceptance Testing

During the start-up, the Town representative shall observe and verify each system performance. Required commissioning and acceptance test services includes insuring the PV systems achieve performance objectives.

e. Operation and Maintenance Manuals and As-Built Drawings (for each school)

Provide as-built drawings as pdf documents. These requirements shall be delivered prior to acceptance of the solar photovoltaic systems.

f. Monitoring

Monitoring of system performance and providing public education and outreach is a required element of the EPC Contractor’s services. Provide the equipment and services to allow the Town to monitor, analyze, and display historical and live solar generation data. The regularly collected data should reflect, but not be limited to, the following:

• System performance • System availability • Average and accumulated output

The monitoring shall be designed for turnkey, remote operation. Data shall be transmitted via Internet.

g. Warranties and Guarantees

Identify the warranties to be transferred to the Town, if the Town purchases the photovoltaic system.

h. Operation and Maintenance

Included in the PPA price must be a 20-year maintenance agreement covering all PV system diagnostic, equipment replacement and related labor cost to keep the system operational and performing to production guarantees. Each system shall provide for daily system monitoring by firm, including:

• Reporting of problems to the Town; and • Dispatch of resources for expeditious resolution of problems

i. Project Requirements

All PV module installations on school roofs must be ballasted mounted with no roof penetrations. For any penetrations required for wiring (i.e. conduit) the EPC Contractor will be required to obtain written certification from the parties issuing or overseeing the roof warranty that the proposed installation will not nullify or void the roof warranty. The EPC Contractor shall verify and comply with all applicable building code requirements.

j. Licensing/Certification

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The EPC Contractor must be properly licensed in the State of Connecticut. A copy of the license shall be included in the proposal together with evidence of the expiration date. Proposals shall include proof that NABCEP certified installers will be performing the installation services.

k. Incurring Cost

The Town of Wilton is not liable for any cost incurred for the preparation of proposals by firms submitting proposals for the work requested in this RFP.

l. Examination of Sites Each respondent is considered to have examined the work sites to fully acquaint itself with the exact existing conditions relating to the work and to fully understand the work involved and the difficulties and restrictions regarding the proposed work. The submission of a bid will be considered as conclusive evidence that the respondent has made such examination.

1.4 QUALIFICATION REQUIREMENTS

• Attend mandatory pre-proposal conference and walk through.

• Demonstrate that respondent has conducted five (5) or more commercial/public grid connected roof mounted photovoltaic projects in the United States over the last five (5) years

• Have key project staff members that are North American Board of Certified Energy Practitioner

(NABCEP) certified.

• Submit a proposal that meets the threshold review criteria outlined in Section 1.5 below.

• Provide a complete proposal submission by the proposal due date. 1.5 FORMAT OF PROPOSALS All responses to this RFP must be in sealed envelopes, addressed and delivered as indicated in the Legal Notice for this RFP. The respondent’s name and address must appear on the envelope. Proposals should put forth full, accurate, and complete information as required by this request. respondents should create their submissions in 8½” x 11” document size using a minimum 12-point font size. The Town is requesting proposals to be formatted in the seven (7) sections as stipulated below: Section 1

Cover Letter (Letter of Introduction): This section shall be a signed cover letter stating the highlights, key features, and distinguishing points of the respondent’s proposal. Such a document shall include the name and address of the respondent submitting the proposal, together with the name, address and telephone numbers of the contact person who will be authorized to make representations for the organization, the organization’s federal tax identification number, and a list of local subcontractors, if any.

Section 2

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Table of Contents: Section 2 shall be a detailed Table of contents and shall include a detailed outline of the proposal submission document identified by sequential page numbers and by section reference number and section title information as described herein.

Section 3

Respondent’s profile and required documents shall include:

Description of the respondent, including number of employees, gross revenue and office location(s). Highlight relevant experience, skills, and capabilities necessary to undertake the project, including, but not limited to demonstrated experience.

• Provide references for at least five (5) or more commercial/public grid connected roof mounted photovoltaic projects in the United States over the last five (5) years, (include phone and email contact information).

• Describe the demonstrated experience of the respondent in the development, designing and installation of commercial and municipal solar energy systems. Describe how your experience on previous projects relates to the project.

• Licensing: Describe the licensing and certifications held by the respondent in general and specifically those licenses or certificates held by your proposed key project team members.

• Provide name, contact information, and contractor license numbers for all subcontractors that the respondent intends to employ during the project (e.g., solar-installation, roofing, or electrical subcontractors). Any other licenses or certifications required by the State of Connecticut.

• The Respondent will include a description of any and all government citations for safety

violations issued within the past five years. Provide relevant OSHA logs pertaining to any reportable incidents.

• Describe any previous or pending litigations, judgements, or regulatory actions against the

Respondent.

• Provide the following with regard to the PPA Investor:

o Name and location of PPA investor’s firm, length of time in business, size of firm. o References for a minimum of three (3) previous solar PPAs funded (include

enterprise name, location and contact person’s phone number and email). o Provide method used to insure EPC Contractor meets electrical production targets. o Track record of actual production relative to projected generation. o Provision for insurance of solar equipment. o Name and background information of firm tasked with 20 years of maintenance of

the project’s solar systems including replacement of any failing solar equipment with no cost to the Town.

• Fill out and sign Hold Harmless Agreement (See Appendix C).

Section 4

Scope of Services and Proposed Schedule: Section 4 provides a detailed scope of service addressing the requirements set forth in this RFP. Address all necessary work tasks in narrative

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form and prepare a project schedule showing the timeline for completion of the work. Include an overview of how you intend to provide regular updates to the Town team. Describe in detail your customer service control measures after the installation. Of specific concern is how the respondent handles issues once a system has been installed. Include an overview of how you intend to provide regular updates to the Town team.

Section 5 PPA Fixed Price, Annual Production and Estimated Savings: Section 5 will include a 20 year table for each school’s solar system (2 for the High School) showing the annual production (kwh), the PPA price (flat for 20 years) and the estimated savings each year compared to current electricity cost (use an electricity escalation factor over 20 years of 2.99% per year). By submitting a proposal in response to this RFP the respondent, if selected, agrees to pay MHR Development, LLC a $0.07 / watt DC fee (the “Consultant’s Fee”). The selected respondent shall pay 50% of the Consultant’s Fee concurrent with the signing of the PPA by the Town. The selected respondent shall pay 40% of the Consultant’s Fee with respect to a particular system upon substantial completion of that system and 10% upon completion of the witness test / commercial operation of such system. The selected respondent shall be allowed to incorporate the Consultant’s Fee into its proposed total turnkey cost which forms the PPA price for this RFP. Additionally, the selected respondent will pay $10,000 to the Town as a reimbursement of the Town’s expenses incurred in connection with this RFP. Section 6 Appendix, Supporting Information: This section should include any supporting information, such as resumes, references or other data that will support the respondent as the best respondent for the project. Note: Familiarity with the Work - Each bidder is considered to have examined the work to fully acquaint themselves with the exact existing conditions relating to the work and has fully understood the work involved and the difficulties and restrictions regarding the proposed work. The submission of a bid will be considered as conclusive evidence that the bidder has made such examination.

Section 7 This section should include a proposed form of PPA between the Town and system owner. The proposed form will be subject to review and approval by the Town’s legal counsel. The proposed form shall not include a clause limiting the contractor’s liability for personal injury and property damage or requiring the Town to indemnify or hold harmless the EPC Contractor for personal injury or property damage, except for claims that may arise out of the presence of hazardous materials existing at a site prior to the date of the PPA. The PPA will include provision of a Labor and Materials Payment Bond.

1.6 EPC CONTRACTOR’S RESPONSIBILITIES If subcontractors are to be used during this project, their identity and work scope should be clearly outlined in the proposal. The EPC Contractor will be responsible for the entire contract performance, whether or not subcontractors are engaged.

Relevant experience, skills, and capabilities must be included in the proposal for each proposed subcontractor. The proposal must also include copies of any agreements to be executed between the EPC Contractor and any subcontractors in the event of contract award. The Town reserves the

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right to approve all subcontractors.

All personnel of the EPC Contractor and all subcontractors working on school sites will be subject to a background check. 1.7 ACCEPTANCE OF RFP CONTENT Provisions of this RFP and the contents of the successful response will be used to establish final contractual obligations. The Town retains the option of canceling the award if the successful respondent fails to accept such obligations. 1.8 CRITERIA FOR EVALUATING PROPOSALS The Town shall be responsible for reviewing the proposals received and will further evaluate them, using the following criteria. The Town reserves its rights to examine any other criteria and take the same under consideration and to reject any respondent or proposals despite its compliance with these criteria if it determines that to do so would be in its best interests. Proposal submissions will be evaluated at the sole discretion of the Town based on the following criteria:

1. PPA price, 20-year annual production estimates (kwh), inclusion of 20-year maintenance, equipment insurance and production guarantees. The Performance or production guarantee should clearly specify the % of output guaranteed and the penalty payment for underperformance of the system.

2. The respondent’s qualifications, experience, and demonstrated familiarity with municipal projects in general and specifically projects of a similar, size, scope, and nature.

3. The respondent’s experience (track record), and demonstrated familiarity with the State of

Connecticut Renewable Energy program;

4. The project team’s experience with projects of similar nature and scope;

5. Previous oversight and experience in projects involving similar facilities;

6. The proposed project approach and how staff and consultants will be organized and utilized throughout the key phases of the project;

7. Extent of services offered, and depth and extent of overall resources that can be put to use to

ensure the timely success of the project;

8. Quality of references from previous clients;

9. Preliminary schedule of time needed to initiate and complete; and

10. The key personnel to be assigned to the project and their present workload; 1.9 INSURANCE COVERAGE REQUIREMENTS The Town is requiring insurance coverage as listed below for this work.

At least five days before the PPA is executed and prior to commencement of work thereunder the EPC Contractor will be required to file with the Town a certificate of insurance, executed by an

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authorized representative of the insurance company satisfactory to the Town and in an acceptable form. The policy shall name the Town and the Wilton Board of Education as an Additional Insureds and state that, with respect to the award, the EPC Contractor carries insurance in accordance with the requirements detailed in Appendix D. The EPC Contractor shall verify and confirm that all subcontractors maintain insurance coverage meeting the requirements in Appendix D for the duration of the performance of their work.

2.0 FORM OF PROPOSALS

Proposals should put forth full, accurate, and complete but concise information as required by this request. The proposal should include, at a minimum, all items outlined in Section 1.5.

You may include any additional information that demonstrates your qualifications for this work.

One (1) original and ten (10) copies of sealed proposals, plus one (1) copy as a PDF on a CD or DVD disc must be received by the Town of Wilton’s First Selectman’s office:

Wilton Town Hall, 238 Danbury Road Wilton, CT 06897 by 4 pm EST, Thursday, March 9, 2017.

The Town may in its sole discretion reject proposals received after the date and time noted above.

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2.1 PROPOSAL RESPONSE FORM, RFP NO. _____ , PV SOLAR SYSTEMS

Firm Name -

Address -

Phone - Fax - Email - Manager -

Fed ID#

Non-Collusion: In submitting this proposal the undersigned declares that this is made without any connection with any persons making another bid on the same RFP; that the bid is in all respects fair and without collusion, fraud or mental reservation; and that no official or the Town, or any person in the employ of the Town is directly or indirectly interested in said bid or in the supplies or work to which it relates, or in any portion of the profits thereof.

The undersigned also hereby declares that he/she or they have carefully considered objectives of each element of this project, the desired end result, the environment in which services and or products are to perform and are satisfied as to all the quantities and conditions, and understands that in signing this proposal all right to plead any misunderstanding regarding the same is waived.

The undersigned further understands and agrees that he will furnish and provide all the necessary material, machinery, implements, tools, labor, services, and other items of whatever nature, and to do and perform all the work necessary under the aforesaid conditions, to carry out the contract and to accept in full compensation therefore the amount of the contract as agreed to by the contractor and the Town. It is further understood and agreed that all information included in, attached to, or required by the RFP shall be public record upon delivery to the Town.

INSURANCE:

Agency Name -

Agency Address -

Submitted by -

Authorized Agent of Company (name and title) Date

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APPENDIX A

Wilton High School, 395 Danbury Road, Wilton

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APPENDIX A (cont.)

Middlebrook School, 131 School Road, Wilton

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APPENDIX A (cont.)

Miller Driscoll School, 336 Belden Hill Road

APPENDIX B

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Miller Driscoll

APPENDIX B (cont.) Miller Driscoll

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APPENDIX B (cont.) Miller Driscoll

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APPENDIX B (cont.) Middlebrook

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APPENDIX C HOLD HARMLESS AGREEMENT

The undersigned covenants and agrees to and shall at all times indemnify, protect and save

harmless the Town of Wilton and the Wilton Board of Education from and against all costs or expenses

resulting from any and all losses, damages, detriments, claims, demands, cost and charges including

attorneys fees the Town of Wilton or the Wilton Board of Education may directly or indirectly suffer, sustain

or be subjected to by reason or on account of the work to be performed pursuant to this RFP or any

activities in connection with the PPA entered into pursuant to this RFP whether such losses and damages

be suffered or sustained by the Town of Wilton or the Wilton Board of Education directly or by their

respective employees, licenses or invitees or be suffered or sustained by other persons or corporations

who may seek to hold the Town of Wilton or the Wilton Board of Education liable therefore. The EPC Contractor shall comply with the provisions of the Immigration Reform and Control Act of 1986

effective and enforceable as of June 6, 1987 which Act makes unlawful the hiring for employment or

subcontracting individuals failing to provide documentation of legal eligibility to work in the United States.

The EPC Contractor shall hold the Town of Wilton and the Wilton Board of Education harmless for the

failure of the EPC Contractor to comply with the provisions of said Act.

IN WITNESS WHEREOF, the parties hereto have set their hand and seal this on the

day of

Signed, Sealed and Delivered in the Presence of: Notary Public

Signed

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APPENDIX D

INSURANCE REQUIRMENTS

The EPC Contractor shall, at its own expense and cost, obtain and keep in force during the entire duration of the contract the following insurance coverages covering the contractor and all of its agents, employees, consultants and other providers of all or part of the Services and shall name Town of Wilton and the Wilton Board of Education as Additional Insureds on a primary and non-contributory basis to the EPC Contractor’s Commercial General Liability insurance. All insurance shall be written with insurance carriers approved by the Town of Wilton and licensed to do business in the State of Connecticut. Such insurance coverages will be purchased from a company or companies with an A.M./Best rating of A-(VII) or better. Minimum limits and requirements are stated below:

1. Worker's Compensation Insurance:

a. Statutory Coverage;

b. Employer’s Liability;

c. $500,000 each accident/$500,000 disease-policy limit/$100,000 disease each employee.

2. Commercial General Liability:

a. Including Premises & Operations, Products and Completed Operations, Personal and Advertising Injury, Contractual Liability and Independent Operations;

b. Limits of Liability for Bodily Injury and Building Damage;

c. Each Occurrence $1,000,000;

d. Aggregate $2,000,000;

e. A Waiver of Subrogation shall be provided;

f. Coverage will continue three years after the completion of the Project.

3. Automobile Insurance:

a. Including all owned, hired, borrowed and non-owned vehicles;

b. Limit of Liability for Bodily Injury and Building Damage:

c. Per Accident $1,000,000.

4. Umbrella Liability Insurance:

a. Umbrella or excess liability policy in excess (without restriction or limitation) of those limits and coverages for commercial general liability and automobile insurance described above. Such policy shall contain limits of liability in the

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amount of $5,000,000 each occurrence and $5,000,000 in the aggregate.

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