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HomeMy WebLinkAboutRFP LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, the Town of Southoid is seeking Request for Proposals (RFP) for the Guaranteed Energy Savings Streetlight Retrofit. Specifications for such RFP may be obtained at the Office of the Southold Town Clerk, Town Hail, 53095 Main Road, P O Box 1179, Southold, New York 11971. The sealed proposals must be received by the Southold Town Clerk by 10:00 A.M. on Thursday. Seutemb~r 6, 2012. All proposals must be plainly marked "Streetlight RFP", and submitted to the Town Clerk. The proposal price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Thc Town Board oftbe Town of Southold resorves the right to r~ject any and all proposais and waive any and ail informaiities in any proposals should be ii be deemed in the best interest of the Town of SouthOld to do so. Dated: August 6, 2012 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk PLEASE PUBLISH ON August 9, 2012 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Suffolk Times Town Clerk's Bulletin Board Town Attorney Town Board Members Town's Web Site TOWN OF SOUTHOLD REQUEST FOR PROPOSAL FOR THE TOWN OF SOUTHOLD GUARANTEED ENERGY SAVINGS STREETLIGHT RETRO FIT/REP LA CEMENT Issued: August 7, 2012 Proposal Due Date: September 6, 2012, 10:00 AM TOWN OF SOUTHOLD, NEW YORK REQUEST FOR PROPOSAL FOR THE TOWN OF SOUTHOLD GUARANTEED ENERGY SAVINGS STRIr, i~,TLIGHT RETROFIT/REPLACEMENT TABLE OF CONTENTS REOUEST FOR PROPOSAL FOR THE TOWN OF SOUTHOLD GUARANTEED ENERGY SAVINGS STREETLIGHT RETROFIT/REPLACEMENT ................ Page 1 SECTION I - INTRODUCTION ............................................................................................ Pag~ $ A. GENERAL INFORMATION ............................................................................................. Page 3 13. BACKGROUND .............................................................................................................. Pa~e $ C. BIDDING SCHEDULE ..................................................................................................... Page 3 D, LENGTH OF CONTRACT. ............................................................................................... Page 4 E, TERMS AND CONDITIONS ............................................................................................ Page 4 F. MINIMUM QUALIFICATIONS ....................................................................................... Pa~ 5 SECTION II - SCOPE OF WORK ........................................................................................ P~ge 8 A. GENERAL ...................................................................................................................... Pa~ 8 B. COST OF WORK ............................................................................................................. Poge 8 SECTION I11 -- BIDDING INSTRUCTIONS .......................................................................... Page 8 SECTION IV - PROPOSAL FORMAT INSTRUCTIONS ....................................................... Pag~ 9 SECTION V - SELECTION OF CONTRACTOR .................................................................... Page 14 A. APPROVING AUTHORITY ........................................................................................... Page/4 B. EVALUATION COMMi-! I~E .......................................................................................... Page/4 C. BASIS FOR AWARD/EVALUATION OF PROPOSALS ...................................................... Pag~/4 D. PRIME CONTRACTOR ................................................................................................... Page/5 E. CONTRACT DEVELOPMENT ......................................................................................... Page 16 F. CONTINGENCY OF THE CONTRACT AWARD ............................................................... Page/5 G. STANDARD CONTRACT FOR SERVICE~ ...................................................................... Page/? FORMS A. RFP Submission Certification ............................................................................................ Page 18 B. RFP Submission Form ....................................................................................................... Page 19 C. Affidavit of Qualification to Bid ......................................................................................... Page21 A. Guaranteed Energy SIsvinss Slreetllght Retrofit/Replacement Specifications. ............................. Page 25 B. Special Contract Terms and Conditions ............................................................................... Page 25 C. Standard Form Conbnmt .......................... ............................................................. Page 28 D. Non-Collusive Bidding Certification ......................................................................... Page $6 E. Streotlight Profiles .............................................................................................. Page $8 Date: August 7, 2012 TOWN OF SOUTHOLD, NEW YORK REQUEST FOR PROPOSAL FOR THE TOWN OF SOUTHOLD GUARANTEED ENERGY SAVINGS STREETLIGHT RETROFIT/REPLACEMENT This is a solicitation for proposals only. It is not a contract. The Town of Southold, hereinafter roferrmi to as the ~Town,' will assume no obligation to pay or reimburse any person or firm responding to this solicitation for any costs, fees or expenses incurred in preparation of a response to this Request For Proposal, or for any meetings or travel costs related to such response. The Town is under no obligation to any responding party until.a contract is executed for the below dem'ibed serviees. PROPOSALS The Town of Southold is soliciting proposals for Ouaranmed Energy Savingz Strecflight Retrofit/Replacement for the Town of Southold, as detailed in Attachment A and Attachment B. Proposal and all completed bid forms must be submitted via emall no later than 10:00 AM, September 6, 2012 to the Office of the Town Clerk at the following address P.O. Box 1179, 53095 Main Road, Southold, NY 11971-0959 and the Proposal must be clearly identified as "STREETLIOHT RFP". Each proposal must be signed in writing with the full name and address of bidder. No proposal shall be considered which has not been/-eceived by the Town Clerk prior to the hour and date stated in the.so specifications. AWARD OF CONTRACT Award of contract will bo made as soon as practical, A contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest oftbe Town. No bid may be withdrawn aP. er the scheduled closing time for receipt of proposals for a period of 45 days pending execution cfa contract by tho successful Offeror, The technical qualifications, competency, oxperie~,e and responsibility of the Offeror will be considered in making the award. The Town reserves the right to waive any technical error, to accept any offer, or to reject any or all off~rrs. The Town will either award the conm~ct or reject all proposals received within forty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by thc Town Clerk and no other act shall constitute the acceptance cfa proposal, The acceptance of a proposal shall bind the successful Offeror to execute the contract as stipulated herein. C. WITHDRAWALS OF PROPOSALS This invitation for an RFP is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be. g/ven permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. De REJECTION OF PROPOSALS The Town reserves the r/iht to wa/ve any technical error and to reject any and/or ail proposals. Without limiting the generality of the foregoing, any proposal whioh is incomplete, obscure, or irregular may be rejected; any proposal having interlineations, erasure or corrections may be rejected. TIME FOR EXECUTION OF CONTRACT Any Offeror whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract within 10 business days after notice that the Contra~t has been awarded to him ortho completion of the energy audit. Failure to ~xecute Contract shail constitute a breach of the agreement offected by the aeceptanee of the Proposal. The selected Offeror will be required to execute an Agreement in a form that substantially conforms to the form Contract attached hereto as Attachment C and the terms and conditions set forth in Attachment B. Should you have any questions regarding this solicitation contact the Town Energy Committee at Elizabeth. Neville(~ town.southold.ny.us. 2 SECTION I -INTRODUCTION ·,'GENERAL INFORMATION This reqnest solicits proposals for the Ouarantecd Energy Savings Streeflight Retrofit/Replacement which includes the following: Energy Audit of Town streetlights, including those on Fishers Island, to identify and evaluate cost-savings measures and define the project scope, cost, savings and clash-flow over the proposed financing term to be performed at the conm~ctors own cost and expense. The contractor will prepare an energy savings plan for the Town, including Fishers Island, presenting specific measures that can be financed through guaranteed savings, to include the audit reports to support the measures selected. Contractor shall negotiate an Energy Performance Contract (EPC) that establishes the project scope and costs and provides for construction and follow-up services during the financing term. A financial agreement with payments covered by the guaranteed savings frown reserves the right finance the project seperat~ly). B. BACKGROUND The Town is seeking proposals for the Guaranteed Energy Savings Streetlight Retrofit/Replacement to improve the efficiency of streetlights within the Town, including Fishers Island. The contractor will identify and implement energy improverae~ts to reduce e~ergy and related costs in the Town streetlighting system with the intent of having annual cost savings to fully reimburse the Tow~ for the annual payments for the improvements. C. BIDDING SCHEDULE The following target date schedule is to be observed with respect, to the various actions required to conclude arrangements for the Streetlight Reirofit/Replacement: 1. Request for proposal published and issued by 4:00 PM, August 7, 2012. 2. Pre-proposal Conference and site visit August 15, 2012, 10:00 am Town Hall to review requirements of the RFP and answer questions. Copies of 12-month~ or one calendar year of utility bills for the streetlights will he distributed at the pre-proposal conference. 3. Offerors technical questions and comments accepted in writing until 4:00 PM, August 20, 2012. 4. Final Addendum to RFP, if any, issued by 4:00 PM, August 24, 2012. 5. One (I) complete proposal and all completed bid forms shall he submitted no later than 10:00 AM, September 6, 2012 to the Office of the Town Clerk, P.O. Box 1179, 53095 Main Road, Southold, New York 11971-0959. The package must be marked with "Strcetlight RFP". 6. Propo~ql evaluations will be completed approximately thirty (30) days after publio opening of all proposals. This is an estimated time frame only; the Town may extend this time frame in its sole and absolute discretion. 7. ' The proposal process will consist of an Evaluation Committee (Energy Committee) that will conduct an initial review and evaluation. The Committee will make a recommendation to the Town Board and the Town Board will evaluate all proposals that meet the qualifications described in Attachraent A/B. 8, Offerors may be required to make additional presentations and/or submit additional material if deemed necessary by the Town in order to make a final decision. The presentations will be made to the Town Board and the Evaluation Committee on September 11, 2012 or September 25, 2012. 9. Contrant awarded by October 9, 2012. This is an estimated date only; the Town may extend this date in its sole and absolute discretion, or may decide not to award the contract at all. D. LENGTH OF CONTRACT Commencement of the work on the Ouaranteed Energy Saving~ Streelight Retrofit/Replacement project shall occur when the contract isawarded. The total term not to exceed 15 years, provided the cost-weighted average lifetime of the equipment exceeds the contract term. E. TERMS AND CONDITIONS 1. Town's Riuht to ReiecttBindin~, Nature of Provnsal The Town reserves the right to reject any or all pwposals, to waive informalities in the prOCeSs, provided the informalities do not affect the price, quality, quantity or performance, and to accept or reject any item or combination of items. Each organization or individual g_o~_n_ maes all charges, costs, claims or liability for the pr~ozration and submission of its/his/her proposal. The Town is under no obligation to pay or reimburse any organization or individual except pursuant to a written contract expressly providing for the same. The award will be to the Offewr whose proposal, in the opinion of the Town, is in the best intea~ts of the Town taking into consideration all aspects of the Offeror's responses, including total not costs to the Town. In the event that the Offeror to whom the award is made does not execute a contract within thirty (30) days of the notice of award, the Town may give notice to such Offeror of intent to award the contract to the next most qualified Offeror, or to call for new proposals and may proceed to act accordingly. In no event will the Town permit modifications to the amount proposed. The proposal as submitted will be considered to be the last and final offer. The proposal of the Offeror shall remain binding one-hundred twenty (120) calendar days after the date of the opening. Notwithstanding the foregoing, the Town retains the right to choose to negotiate contracts when deto mined to be in the Town's best interest. Thc intent of this bidding process is to select one contractor to who will identify and implement energy improvements to Town streetlights to reduce energy and related costs. 2. Accurate Information, Accountimz System. and Audit The Offeror certifies that all information the Offeror has provided or will provide to the Town is 4 true and correct and can be relied upon by the Town in awarding, modifying, making payments, or taking any other action with respect to a written agreement entered into with the Contractor pursuant to this request for proposals (hereinafter '~['he Agreement"). Any false or misleading information is grounds for the Town to terminate an award to the Contractor or any written agreement entered into with the Contractor and such termination shall relieve the Town of any direct or consequential damages or costs incurred by Contractor. The Offeror certifies that the Offemr's accounting system conforms to generally accepted accounting principles, is sufficient to comply with the Conlractor's budgetary and financial obligations, and is sufficient to produce reliable financial information. The Town may examine the Contractor's records to determine and verify compliance with the Agreement. The Contractor must grant the Town access to these records at all reasonable times during the Agreement term and for five (5) years al~r final payment. If the Agreement is supported to any extent with Federal, State or County funds, the appropriate Federal, State or County authorities may also examine these records. 3. Errors in Bids Offerors shall thoroughly examine and be familiar with the Town's specifications. The failure or omission of any Offeror to receive, examine, or understand this document shall in no way relieve any Offeror of obligations with respect to this proposal or the subsequent contract. The submission cfa proposal shall be taken es prima facie evidence of compliance with this paragraph. Obvious errur(s) in calculations may be corrected with the Town's consent in the Town's sole discretion, or may be cause to reject a bid, whether or not the Town has accepted the bid. 4. Modifications. Alternate Prot)o~ln Modifications and alternate proposals from the services required can result in the rejection of the proposal as not being responsive to the RFP. Offerors should clearly respond to the requirements of the RFP. Any alternate proposals which are offered should be clearly indicated as such. The Town reserves the right to evaluate additional or new services or equipment which may be in the best interest of the Town from time to time and may negotiate the price of these services with the successful Offeror or another vendor, whichever is determined to be the most advantageous to the Town. While pricing for such additional services may be requested in the RFP, the Town is under no obligation to consider such information on the additional services in selecting the successful Offer unless otherwise stated. 6. Ouestion~ Technical and contractual questions pertaining to this request for proposals shall be referred in writing or via email to the Energy Committee (elizabeth.neville(~town.southold.ny.ns). In accordance with the Town's financial disclosure and ethical conduct policy and/or ordinances, a prerequisite for payment pursuant to the terms of this contract is that the Contractor shall furnish explicit statements, under oath, that the Town, and/or any other officer, agent and/or employee of the Town, and no member of the governing body of the Town or any member or employee of a Commission, Board, or Corporation controlled or sppointed by the Supervisor and Town Board of the Town has received or has been promised directly or indirectly, any financial benefit by way of fee, commission, finder's fee, or in any other manner, remuneration directly or indirectly related to this contract, and that upon request by the Town Attorney, or other authorized agent, as a prerequisite to payment pursuant to the terms of this contract, the Contractor will furnish to the Town Board of the Town of Southold, under oath, answers to any interrogatories and comply with any request to review documents related to a po.q.~ible conflict of interest as herein embodied. Offeror shall also certify under oath that that no employee or ageot of Offeror is a member or employee of any ager~y, oununissinn, board or corporation of the Town of Southold or is the spouse or any other relative of any of the foregoing. If Offeror is unable to so certify, the details of any such relationship with the Town of $outhold must be disclosed. See, RFP Submission Form. 8. Preference Price and other factors being equal, preference will be given first to resident Offerors of the Town, then to resident Offerors of the State of New York, except when in the judgment of the Town, such preference would operate to the disadvantage of the Town. 9. Owmn'ship All materials submitted in response to this RFP will become the property of the Town and may be returned at the option of the Town. All materials developed in accordance with the final agreement will becomc the property of the Town. It is agreed that all d~ta, information and material prepared by the Contractor as required by the final agreement, shall be delivered to and remain the property of the Town upon completion of the final agreement. The data, information and material shall be put to any use the Town sees fit without any compensation or reimbursement to the Contractor other than the fees to be paid under the terms of the Agreement. 10. ]~.etpination ~ During the te~m of the contract awarded pursuant to this RFP, the successful Contractor shall not release any information related to the services or performance of the services under the Agre. e. ment nor publish any final reports or documents related to services or performance of services to the Town without the prior written approval of the Town of Southold. 1 I. Award P~te~t Any proteat of an award made pursoant to this RFP shall be in writing to the Town Attorney. F. MINIMUM QUALIFICATIONS Qualified Offerors must meet the following minimum selection criteria: a. Ability to meet requirements. Synopsis letter (cover letter) outlining the Offeror's understanding of the project requirements, including pmje~ objectives, goals, potential limitations, and proposed approach for achievement; timeframe for completion. 6 b. Costs of services and convenience to Town in providing services. Equipment and labor costs. c. Experience in providing the services described herein. List at least three (3) re~erences of similar projects to the work described herein. Preference will be given to Offerors with municipal agency website design, development and impleraentatiun references. d. Project Team Quatifleations and Experience. Describe general experience of project teara (including sub-consultants); demonstrate number of years and locality of practice of all members of the Project Team including sub-consultants (Team members cannot be substituted prior to or during the project without the express written authorization of the Town). e. Completeness ofpropoeal. Ensure all forms are completed; ali requested information has been provided; response is accurate and correct (no misspellings, grammatical errors, misnomers). 7 SECTION 11 -SCOPE OF WORK Ae GENERAL Refer to "Attachments A-C" specifications. for the Town Guaranteed Energy Savings Streotlight COST OF WORK All submitted responses must include a cost sununmT which shall state a "not to exceed" price for each of the items set forth in the Cons~uction/Implemantation/Commissioning/ Financing Phase of the Scope of work set forth in Attachment A. SECTION III -BIDDING INSTRUCTIONS A. The complete proposal and all completed bid forms should be sent to the Town Clerk's Office electronically to linda, cco~er~_ town.southold.nv.us, and marked "Pmpesal for the Town of Southold Guaranteed Energy Savings Streetlight Retrofit/Replacement" and received no later than 10:00 AM, September 6, 2012. Proposals received after tim date and time prescribed shall not be considered as received and shall be returned unopened to the Offeror. B. All firms are to submit the proposal in two distinct parts as follows: Part A B Descrintion Energy Audit and Construction/Implementation/ Commissioning/Financing Cost Proposal Each proposal should include at the least the following: 1. RFP Submission Certification. Each Offeror submitting a proposal must complete and include the RFP Submission' C.e~qcation which certifies the truth and correctness oftbe documents submitted in response to the RFP. The certification must be signed in the name of the Offeror by the person duly authorized to represent the firm. Failure by the Offeror to include this RFP Submission Certification with it~ proposal will be cause for rejection of the proposal. Requires notary. 2. RFP Submission Form. Each Offeror submitting .a proposal must complete and · include thc RFP Submission Form regarding company identification and ownership disclosures, conflicts of interest, and collusion. The proposal must be signed in the name of the Offeror by the person duly authorized to represent the firm. Failure by the Offeror to include this RFP Submission Form with its proposal will be cause for rejection of the proposal. Requires notary. 3. Statement of Qunlificatians. Statement is to include a list of other gnve~tal entities for which the Offeror is or has provided services equivalent to those speoified in this RFP, and the personal qualifications and experience of the personnel who will be directly involved in the delivery of services to the Town. 4. Affidavit of Qualification to Bid. Requires notary. D. The Town shall not discuss or disclose proposals or their proposed cost with competing Offerors during the selection process or otherwise disclose them to the public except as may be required under the State Public Information Aci and other relevant law. Trade secret, confidential or proprietary information which is submitted must be identified as such at the time of submission, and shall not be disclosed to the public or competing Offerors at any point in time unless required by law or ordered by a court of competent jurisdiction to do so. E. No responsibility or liability shall be attached to the Town or any Town official, employee or agent for the premature opening or disclosure of a proposal not properly addressed and identified, or disclosure made pursuant to an obligation existing under federal or state law. F. If the finn is unable to meet or exceed the requirements as specified, then the words, "No Bid" should be placed in the extension column. If the firm does not have a charge for a particular service, then it should so indicate in the extension column by NC (no charge). SECTION IV PROPOSAL FORMAT INSTRUCTIONS The Town will follow the evaluation proce~ and solection criteria described in Section I of this RFP. In order to enhance this process and provide each firm an equal opportunity for consideration, adherence to a standardized proposal format is required. The format of each proposal must contain tho following information: o Contact information for Offeror and location of business offices o Contractor's General Approach ~to Performance of Contract Describe performance contracting for Offewr's perspective, describing the 'phases and ability to support each phase. Provide a stand-alone overview, maximum of 10 pages, including highlights on company background, market sectors served, company strengths and areas .of expertise. Include g~neral approach to pe~'formance conuacting: typical phases for a project and ability to support each phase (Project Development, Energy Auditing, Performance/Savings Ouarantee, Financing, Consmiction, Commissioning, Measmea~ent and Verification, Client Staff/Occupant Training, Post-Construction Maintenance Support). The purpose of this overview is to provide an introduction of Offeror's company to the Evaluation Committee. Project List 1. List all energy performance contracts that Offeror has managed within the last five years. Include list as shown below: PERFORMANCE CONTRACTING PROJECTS l Project Name I City, State I Total Project Value Year Completed Other Projects (optional). If desired, Offeror may list related projects deemed relevant to this work, partioularly those managed in New York Project References. Provide detailed information on performance contract-based projects that showcase work performed by Offeror that is similar to the work in this proposal. Similarities may include size of total expeoted project, technical scope of projects, geographic region. Include the following information on each projeot: Project identification: Name and location of project. 'Contact Information: Names and contact information of owner(s), representatives who can serve as references. Project Information: b. Project size c. Project Dollar Amount: total contract amount and the total project capital expenditure amount d. Source of funding: type of financing used and grants/rebates, etc. Describe offeror's involvement in securing funds. e. Project implementation dates: Date of audit beginning and acceptance, and construction state and acceptance. f. List of improvements. Type of retrofits and opcratinnal improvements g. Project performance: State amounts of projected annual savings, guaranteed annual savings, and actual annual savings. h. Project personnel: State the name (2) of individuals involved in the project and their role. Note if such persons will be working on this project. i. Comments on any special features, services, conditions, creative approaches special need of the client, etc. that might be of interest. Relevant Experience - Overview of Strengths. Briefly Summarize Offeror's project histories to define Offeror's strengths and the relevance of past work to this project (experience similar to this proposal in terms of size, scope, facility type; experience with types of retrofits applicable project; etc.). Offeror's Background Information I. Structure and evolution of Offeror. Type of business entity (corporation, parmership, etc.); name of parent company, if any (include address and tax identification number; name of division or branch office, if any; number of 10 years in operation; former business names and corresponding years of operation; 2. State the number of years Offeror has been involved in the energy-efficiency related industry. 3. State the number of years Offeror has been involved in performance contracting services. 4. State the humber of performance contracting projects completed by Offeror. Financial Qualification and Stability of the Firm I. Describe the financial soundness and stability of the Offeror;, 2. State whether Offeror has operated at a profit for each of the past three years; 3. Submit the most recent annual sumnugy of the Statements of Financial Conditions, including balance sheet, income statement and statement of cash flows, dated within the l~t twelve (12) months, along with name, address, and the telephone number of firm(s) that prepared the Financial Statements. 4. Current bonding capacity; bond rating; confirmation that Offeror is currently bondable for 100% of a payment bond for consixucfion of this project; 100% of a performance bond for construction of this project; letter from a licensed surety as ~videnca of ability to bond for each of theee categories. Industry Accreditations State if Offeror is accredited by industry organizalions, such as the AEE CLEP "Certified Lighting Efficiency Professional" on staff or pre-qualified for work through ~he U.S. Department of Energy for federal facilities or the U.S. Department of Defense. Describe the relevance or importance of any accreditations or pre-qualifications with regard to this project. Compliance with Requirements Affirm Offeror's ability to meeting bid requirements. General Scope of Services - description of Offeror's capabiiity to compete for energy performance contract for lighting/electrical, in general, and streetlights in particular. Address Offeror's competency in the following areas: 1. Project development and implementation: a. Energy auditing (identify potential energy-saving measures, determine savings projection based on standard energy engineering principles; estimate project costs; present package of measurez with cash flow) b. System design engineering: mechanical, electrical, e~. c. Procurement, bidding d. Construction e. commissioning of projects and retro-commissionlng of existing buildings f. Project management I1 g. Identification of asbestos and other hazm'dous materials and abatement, recycling or disposal as applicable Core Performance Contracting Services a. Performance guarantee for every year of the financing term b. Insurance as dictated by the contract requirements c. Equipment warranties d. Ability to facilitate financing, including a municipal, tax-exempt purchase. e. Measurement and verification of savings f. Training: maintenance staff and occupants Performance ConUacting Technical Approach 1. Stnt~. whether the performance guarantee provided is self-guaranteed or third party and the valu~ ofth4n approach 2. State whether insurance will be provided by Offeror or third party and the value of this approaoh 3. State whether Offeror or manufacturer will provide the warranty and how it is provided. 4. Describe standards of comfort that are generally used for light levels in the intended areas and any flexibility. 5. Deaoribe in detail the methodology Offeror normally uses to compute baselino of energy use as well aa performance. 6. Describe a schedule for completion and how Offeror will meet the proposed schedule. Financing Company - if Offeror is not the financing entity, the Offeror may include bids for financing on behalf of the Town (If fids is'the ease the Town will sign a ~eparate agreement with the financing company, the Town will review bid, select desired firm and develop the financing agreement). 1. Offeror will recommend a financing company qualified to provide financing for this project. 2. Offeror will provide qualification and references for the financing company. 3. This component is optional. Site Specific Approach 1. Summarize the scope of services (auditing, design, construction, monitoring, operations, maintenance, training, financing, etc.) identified fort his project. 2. Based on the streetlight audits and assessment of the information provided, dascribe any equipment modifications, installations or replacements for the streetlights that Offeror would consider installing as part of the project. Address energy saving opportunities related to operation and maintenance. Also describe any special features, renewable teclmologias, or advanced technologies that might be applicable. Describe any special features or services associated with Offeror's proposed improvements that would add value to the Town. Describe Offeror's approach to achieve compatibility 12 (such as open systems) and/or standardization of equipment in the streotlights to be addressed. Management and staffing for the project 1. Management a. Describe Offeror's approach to mannging this project. Include an organj~onal chart showing clear lines of communication and responsibility. Describe the transition and responsible parties from the sale to auditing phase, auditing to construction phase, conslruction to follow-up monitoring phase, etc. b. Describe how Offeror would work with current man~emant and maintenance personnel to coordinate construction and avoid conflicts with the use of a particular area. c. Generally describe the types of services (both profe~ional and construction services) offered in-house and the services offered through sub-contra~tom, and describe any strategy for the use of in- house versus subcontractor services. (Detailed information on pricing of subcontractors is requested in the Cost Section below) d. Describe how Offeror will eh?ge the Town in decision-making regarding project scope, equipment specifications, ongoing operational and malntemmce slrategies, etc., and how Offeror will incorporate the Tbwn's needs. e. 'Describe extent of local staffing and support for the geographic region. Include b~ic job descriptions and capabilities 2. Personnel Information a. Identify the individual(s) who will have primary responsibility for each task and phl~ of the project. List the name, rifle, intended role and responsibililies for the duration of the contract, the individual's educational background, specific qualifications related to his/her role and responsibililles, past relevant experience, number of years of relev~t experience, supervisory responsibilities if relevant, list of projecLs the individual was associated with during the last five years including type of project and project cost and resume. Tasks and phases to address include technical analysis, engineering design, construction management, construction, training and post-contract monitoring. Indicate tho percent of time each individual is available to work on this project. Indicate the individual's office location. b. Describe any ~Oa_irional expertise and capability of staff available through any parent company, other subcontracts, etc. to provide additional support in technical analysis, engineering design, construction management, construction, training and post-contract monitoring, etc. 3. Self-Perf0rmed Work or Suboontractors a. State whether work is completed by the Contractor or by a subconffactor for each category of measure (auditing, design, 13 procurement/supply of equipment from vendors and manufacturers, engineering, construction management services, lighting, controls, monitoring and verification, etc.) b. Describe how subcontractors are selected and Offeror's ability to competitively select subcontractors c. Identify subcontractors selected. o Cost Proposal: Cost of each of the general scope services as described above and in Attachment A. Thase elements parallel the basis of the Town's proposal evaluation criteria. The Town is not responsible for failure to locate, consider, and evaluat~ qualification factors pre~nted out~dde of this format. SECTION V · SELECTION OF CONTRACTOR This S~ction of the RFP outlines the Town's process for selecting the best proposal plUS the major elements of the subsequent contract resulting from this selection. A. APPROVING AUTHORITY The Approving Authority for this RFp is the Town Board and the authority to approve acquisition is contingent upon appropriation of funds for the total amount of the Contract within each fiscal year. B. EVALUATION COMMITTEE For this RFP, the Evaluation Committee (Energy Committee) to review and evaluate all proposals received. In turn, the Evaluation Committee will make its recommendation for selection of a fwm to the Town Board. C. BASIS FOR AWARD/EVALUATION OF PROPOSALS The award will be made to the qualified respondent whnaa proPceal is most advantageous to the town with price and other factors considered. The town may reject any and all proposals. The below criteria will be applied and intorp~ted solely at the disomtlon of Southold. Pmpozal should include all necesmu-y information that is pertinent to these evaluation ctitoria, Additional information required by the Town for a proper assessment of proposals may be requested from the Offeror at the di~retion of the Town. Oualificetions and Canabilitv (Seorine Wei=ht: 10%) a. General Firm Information b. Experience of Firm. General experience in energy-related and performance contractin$ c. Seope of Service. Comprehensiveness of management, maintenance and monitoring services offered. d. Finaacial Soundness, Financial soundness and stability of the Contractor. Complemness and strength (~nanoial viability) of most recent annual financial statements. 14 Exoerienco and Expertise (Scoring Weight: 20%) a. Project History. Quality of pest projects completed with respect to scope and documented savings. b. Personnel Information. Qualifications and relevant experience of the staff in engineering, project management and other areas of importsnce. Technical Avoroach (Scoring Weight: 10%~ a, Audit. The quality of the facility energy audits performed by the Respondent, b. Design/Construction. Overall approach. c. Engineering analysis. Reasonableness of methodologies to determine the baseline and savings. Performance Contractino Aooroach (8corin~ Weiitht: 10%~ a. Approach. Overall approach to performance con, ratting and needed contract adjustments. b. Other services. Full range of sen, ices and flexibility in applying those services. c. Construction Issues. Ways of handling environmental liabilities, warranties and equipment service. d: Standardized Contracts. Willingness to use state-approved contracts. Site Soocific AooroaCh (~rin~ W~i~ht: 20%~ a. Project Scope for:this Project. Und~s~ Southold street and lighting conditions, systems and operation and maintenance proj~. Reaponsive to stratogie~ in adapting control strategies, equipmant and mainmumc, e practices in response to changes in utility rates, twAmology, and facility condition in order to enhance project performance. Comprehemivaness and clarity of technic, al approach to ~ project based on improvements likely to be included. Relevance and documented savings of past projects cznnpleted.thst are similar in size and scope. b. Project Management. Management approach an4~levant qualifications of key personnel assigned to this project involved in technical auditing and design, project management and construction, with respect to the size and scope of this project. c. Technical and Construction Issues. Constru~ion management, scheduling, operation and maintenance approach, approach to compatibility/openne~/standardization of equipment, standards of comfort and provision of insurance. Cost and Pdcin~ (Scorim~ W~iiht: 30%) a. This will involve a "price analysis" and "cost analysis" and the Evaluation Committee will use its judgment, knowledge and experience to determine reasonableness and consistency, and to evaluate costs based on established catalog and market prices, historical prices and independent cost estimates. b. Construction/Implementation/Commissioning Phase: Markup Costs. Consider reasonableness of markup costs. The markup costs are disclosed to illustrate typical pwject costing approach for a project of similar scope and size. They are evaluated for the purpose of award and may be negotiated during contract negotiations hosed on the scope and magnitude of the project. These rates wilt be expected to be used in the Energy Performance Contract; however, scope and size of project may change and necessitate a change in the markups provided. "Cost analysis" will be used to evaluate the markups for reasonableness. Contractor may use different customized categories or present an alternative pricing structure. Consider reasonableness in the example of how markups are applied. Other costs: Assessed in terms of added value. Based on the results of the preliminary evaluation, the highest rated firm(s) may be invited to make oral presentations to the Evaluation Committee and/or the Approving Authority. Such presentations may include, but are not necessarily limited to, explanations of the proposed approach, website design, and qualifications of the firm. The Evalosfion Committee may arrange for discussion with firms submitting pmposais, ff required, for the purpose of obtaining additional information or clarification. Ag. er review and evaluation, anti based on its sole discretion, the Town reserves the right to reject any or all proposals received in response to this request and will not compensate or · x~imburse Offerors for the cost of proposal preporafion whether or not an' award is consummated. D. PRIME CONTRACTOR The selected Offeror will be required to assume full responsibility for the complete effort as required by the RFP whether work is performed by the Offeror or subcontractors. The selected Offeror is to be the sole point of contact with regard to all contractual responsibilities. E. CONTRACT DEVELOPMENT Once a firm is ttmtatively selected b~ed on the "Evaluation Criteria," the Town reserves the right to negotiate further with the selected finn. As a result of this contract discussion and negotiation, the Tbwn may propose a contract which amends the scope of the RFp or the firm's proposal prior to signing the contract. At the same time, this RFP and the firm's proposal shall be incorporated by reference directly into the final contract. The contract awarded, this RFP, and the Offeror's proposal submission in response thereto shall constitute the whole agreement between the parties. However, the RFP and submission without more shall not be considered a contract.. Ifa satisfactorily proposed contract cannot be negotiated with the highest ranked and qualified firm, negotiation will be formally terminated. Negotiations shall be undertaken with the second highest ranked and most qualified firm and so on. The Selection Committee, if a Committee is utilized, will make appropfihte re~ommeudations to the Approving Authority prior to actual award of the contract. F. CONTINGENCY OF THE CONTRACT AWARD Award of the contract to the selected firm is contingent upon: The budget and appropriation of funds (if necessary) by the Town Board, and The successful negotiation of contractual terms agreeable to both parties; and Contract awarded by resolution of the Town Board. 16 Failure to achieve the foregoing will result in no award at this time. G. STANDARD CONTRACT FOR SERVICES The Town expects to enter into a contract for services in a form substantially conforms to the form Contract attached hereto as Attachment C and the terms and conditions set forth in Attachment B. 17 RFP SUBMISSION CERTIFICATION OFFEROR MUST RETURN THIS COMPLETED FORM WITH PROPOSAL SUBMISSION PROPOSAL SUBMITTED BY: FIRM: ADDRESS: PHONE: E-IV_AIL: The proposal as submitted includes the Town of Southold Guaranteed Energy Savings Stre~light Retrofit/Replacement RFP Submission Form with Conflict of Interest Ce~ification, an Affidavit of Qualification to Bid and a Statement of Qualifications. I, the undersigned, hereby atiest to the truth and completeness of the information and responses provided and certify that my firm has met the minimum selection criteria required in the Town of Southold's Request for Proposal for the Town of Southold Guaranteed Energy Savings Streetlight Retrofit/Replacement. Signature Date STATE OF: COUNTY OF: ss: On the __ day of in the year 2012 before me, the undersigned, a notary public in and for said state, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within insh, ument and acknowledged to me that he/she executed the same in his/her capacity and that by his/her si~dure on thc insmunent, the-individual or the person upon whose behalf of which the individual acted, executed the inslxument. Notary Public 18 Company Name: Company Federal Tax Identification Number: Contact Person Company Address RFP SUBMISSION FORM Phone: E-mail: CONFLICT OF INTEREST C~RTIFICATION I HEREBY CERTIFY, on behalf of ' , that neither the Town Supervisor, nor any other officer, agent, or employee of the Town, no member of the governing body of the Town, and no member or employee ora Commission, Board, or Corporation con,oiled or appointed by the Supervisor and Town Board of the Town has received or has been promised directly or indirectly, any financial benefit by way of fee, commission, finder's fee, or in any other manner, remuneration directly or indirectly related to this contract. Upon request by the Town Attorney, or other authorized agent, as a prerequisite to payment pursuant to the temps ora contract awarded pursuant to this bid submission, will furnish to the Town Board of the Town of Southold, under oath, answers to any interrogatories and comply with any request to review documents related to a possible conflict of interest as herein embodied. I HEREBY CERTIFY, on behalf of that no employee or agent of is a member or employee of any agency, commission, beard or corporation of the Town of Southold or is the spouse or any other relative of any oft he foregoing. If is unable to so certify, the details of any such relationship with the Town of Southold are disclosed herein: 19 I do solemnly declare and affirm under thc penalties of perjury that the contents of this affidavit are true and correct. Signature Wituess Date STATE OF: COUNTY OF: ss: On the day of in the year 2012 before me, the undersigned, a notary public in and for said state, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in Ms/her capacity and that by his/her signature on the instrument, the individual or the person upon whose behalf of which the individual acted, executed.the instrument. Notary Public 2O AFFADAVIT OF QUALIFICATION TO BID I HEREBY AFFIRM THAT 1) I am the and the duly authorized (Title) representative of the firm and that I (Name of Corporation) possess the legal authority to make this affidavit on behalf of myself and the finn for which I am acting. 2) The firm is either a New York corporation or is a foreign corporation properly registered with the New York State Department of Taxation and Finance. 3) Except as described in para/raph 4 below, neither I nor the above finn, nor to the best of my knowledge, any of its officers, directors, or partners, or any of its employees directly involved in obtaining conlracts with the State or an county, bi-county, or multi-county ngenoy, or subdivision of the State have been convicted of, or have pleaded nolo contendere to a charge of, or have, during the course of an official investigation or other proceeding, admitted in writing or under oath, acts of omissions which constitute bribery, attempted bribery, of conspiracy to bride, whether or not in furtherance of obtaining a conlract with a public body under the laws of any state orthe Federal government. 4) List any conviction, plea, or admission desoribed in paragraph 3 above, with tho date, court, official, or administrative body; the individuals involved and their position with the finn; and the sentence or disposition, if any. Otherwise, st~ "none" as appropriate. 5) Neither I nor the above firm, nor to the best of my knowledge an officer, partner, contwlling stockholder or principal oftha bidder, or any other person substantially involved in the bidder's contracting activities has: (1) been convicted under the laws of the State, another state or the United States of (i) a criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract; or (ii) fraud, embezzlement, theft, forgery, falsification or deslruction of records, or receiving stolen property; (2) been convicted of a criminal violation of an antilrust statute of the State, another state or the United States; (3) been convicted ora violation of the Racketeer Influenced and Corrupt Organization Act, ortho Mail Fraud Act, for acts in connection with the submission of bids or proposals for a public or private contract; (4) been convicted of a conspiracy to commit any act or omission that would constitute grounds for conviction under any of the laws or statutes described herein; (5) been found civilly liable under an antitrust statute of the State, another state or the United States for acts or omissions in connection with the submission of bids or proposals for a public or private contract. 6) Bidder hereby declares that this bid is made without any connection or collusion with any person, finn or corporation making a bid for the same work; that pursuant to this 21 affidavit; that the attached specifications and any drawings referred to herein have been carefully examined and are understood; that careful examination has been made as is necessary to become informed as to the character and extent of the work required; and, that if this bid is accepted, this Bidder will contract to do, for the price stated in the attached cost proposal, all of the work described in the specifications, drawings and contract conditions. 7) I acknowledge that this affidavit is to be furnished to the Town Clerk of the Town of Southold. I acknowledge that, if the representations set forth in this Ifffidavit are not ~-ue and ~m-ect, the Town of $outhold may terminate any contract awarded and take any other appropriate action. I do solemnly declare and affirm under the penalties of perjury that the contents of this affidavit are true and correct. Wime~ D~e Signature STATE OF: COUNTY OF: ss: On the day of in the year 2012 before me, the undersigned, a notary public in and for said state, personally appeared , personally known to me or proved to me on the basis of ~fisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity and that by his/her signature on the instrument, the individual or the person upon whose behalf of which the individual acted, executed the instrument. Notary Public 22 TOWN OFSOUTHOLD REQUEST FOR PROPOSAL FOR THE TOWN OF SOUTHOLD GUARANTEED ENERGY SAVINGS STREETLIGHT RETROFIT/REPLACEMENT Attachment A: Specifications Proposal Due Date: September 6, 2012, 10:00 AM Proiect Phases Propo~l Ph~e · Energy Audit and Project Proposal. 'Contractor is respondble to perform a suffi~i~fly dctalled and comprehemive Energy Audit to prep~ an EPC Proposal. Southold shall have no p~yment obligations in the event that no suitable measures were identified which, if hnplemanted, will provide Southold with cash savin~ sufficient to fund thc payments of all costs and fees associated with the EPC (also see Attachmcnt B "Special ConU~t Terms and Cendifions"). Conlractor shall clearly identify thc measures selected for thc EPC and provide support for the selection in the Energy Audit report or other analysis documents. Construction/Implementation/Commissioning/Financial Phm · Energy Performance Contract. Following the final selection of a Contractor, an Energy Performance Contract will be negotlntod to implement the projects (also see Attachment B "Special Contract Terms and Conditions"). · Financing Agreement. If thc Contractor is not financing the Energy Performance Contract directly, the Contractor shall include at least one financing bid in the proposal from a financing compony in the submitted EPC proposal. Southold reserves the fight to make the final selection of the financing company. · The performance contract can be amended at any time during the in/tial performance contract term to address other facilities or new projects. · Southold reserves the right to reduce the scope of work, to conduct the work in phases, or to segment work in areas based on technological improvements. Contractor Services · Conduct Energy Audit to identify and assess the opportunities that are most cost-effective or valuable for Southold streetiights. · Perform utility bill analysis of the facilities. · Benchmark the facilities using Energy Star Portfolio Manager or another benchmarking measure approved by Southold's Town Engineer. · Develop project proposal including financial analysis. 23 · Develop monitoring and verification plan. · Equipment procurement and purchasing. · Construction management. · H~rdous waste disposal or recyoling. · Arrange for financing. Commissioning. · Guarantee performance and cost savings for the entire term of the contract. · Monitoring and verification for measurement and reporting of the performance and · Provide for independent review of monitoring and verification (guaranteed savings pay for independent Consultant). · Monitoring and reporting of emissions reductions. 24 TOWN OFSOUTHOLD REQUEST FOR PROPOSAL FOR THE TOWN OF SOUTHOLD GUARANTEED ENERGY SAVINGS STREETLIGHT RETROFIT/R F. PLACEMENT Attachment B: Special Contract Terms & Conditions Proposal Due Date: September 6, 2012, 10:00 AM Payment for Audit Con~'actor performs Energy Audit of the Southold assets at its own cost and risk for the purpose of identifying and developing work scope for the EPC Proposal. Southold shall have no payment obligations. Project with lmuffioient Savings. Southold shall have no payment obligations in the event that Contractor's Audit did not identify a package of energy saving measures which, if implemented, will provide Southold with cash savings sufficient to fund Town's payments of all costs end fees associated with the Energy Performance Contract, including all m monthly payments to finance the measures, (2) any annual fees for monitoring, verification end maintenance incunv, d by the Conunctor or an independent consultant. Should the Contractor determine at any time during the Audit that savings cannot be attained to meet these te~ms; the Audit may be terminated by written notice by the Contractor to Southold. Funding Sources to Support Annual Payment The following payment sources shall be considered during the Street Lights EPC Proposal: · Annual energy cost savings, Material commodity savings, only in years when savings are achieved, including avoided costs such as lamp and ballast replacements, scheduled replacement of parts, etc. · Incentive and rebate program that are available to the Town. Maintenance and operation cost savings: Savings will be limited to those that can be thoroughly documented and approved. Such savings must only be attributed to the cash flow in years when savings will actually occur. · Equity cash outlay: At option of Southold, an equity cash outlay, pending funding approval, may be used to supplement savings. Savinas Calculations The following format shall be used to document the savings for each energy improvement project measure included in the EPC: 25 ANNUAL ENERGY SAVINGS DATA FORM Name of Project: Name of ESCO: Projected Guaranteed Achieved Year 1 Year 2 Year 3 Year 4 Year 5 KWH KW demaod Other (sp~fy) Conlr~ct The conhact ~e~ih is up to 15 Years provided the cost-weighted average lifetime of the equipment exceeds the conlract term, however, the Contract may propose a less~ term. The ASHRAE Book of Standards will be used in determining the cost-weighted average useful life oftbe equipment. Annual Savings Exceed Annual Costs. Annual savings shall meet or exceed annual payments each and every year while the performance guarantee is in effect. This means thst exee,.ss savings in other years and interim savings during the constractinn period will not be allocated to meet shortfalls in any year. Annual payments include debt service, Contractor fee.% maintenance services, monitoring services, construction costs and other services. Annual Guaranteed Cost Savings. An annual contractual guarantee will be provided for the first year of the conlract; however, the guarantee shall be made available as a continued option for each subs/quant year of the contract telva if non lighting ECM's are included. Southold can cancel the guarantee at any time after the required period. The guarantee must provide for the sum of identified cost savings to equal or exceed the amount of the annual payment, where annual payment equals lease plus maintenance, monitoring and verification fees plus all required services, each and every year while the guarantee is in effect. As an alternative to specifying contractual guarantee for the first year, the respondent may choose to provide a guarantee for the life of the contract if non lighting ECM's are included. Interim Savings during Construction Period. Savings accrued during the constmodon period will not be allocated to the annual savings of any year. See "Annual Savings Exceed Annual Costs" above. Excess Savings (beyond the guaranteed amount). Excess savings will be retained by Southold and will not be allocated to shortfalls in savings in other years. See "Annual Savings Exceed Am~/ual Costs" above. :5% Contingency. Contractor to insert a 5% contingency in his bid to cover changes to the agreement. Any unused contingency cost will not be retained by the Contractor and will ho applied to the project. Annual Appropriations. Annual payment is subject to annual appropriations. 26 The final EPC Contract shall contain the tbllowing clause: "This contract shall be deemed executory only to the extent of the monies appropriated and available for the purpose of the contract and no liability on account therefore shall be incurred beyond the amount of such monies. It is understood that neither this contract nor any representation by any public employee or officer creates arty legal or moral obligation to request, appropriate or make available monies for the purpose of the contract." · Inflation and Escalation Rates. Any inflation rates will be pre-approved by Southold. · Energy ~afion Rates. Where the annual leese-p~ payments are set-up to escalate each year in anticipation of annually escalating energy cost savings, a calculator will be used to determine the maximum value as agreed to by the Contractor and Southold. · Maintenance, Monitoring and Verification Plan. A maintenance, monitoring and verification plan will be developed per guidelines in the energy performance contract. The maintenance plan shall follow the recommended practice, procedures and duration of the original equipment rmmufacttllm-, unless pm-approved by the Town of Southold Engineer. The Monitoring and Verification Plan shall adhere to the practice, procedures and duration prescribed in the most current version of the International Protocol on Measurement and Verifical/on (IPMVP). Options in the IPMVP shall be pre-approved by the Town of Southold Engineer. · Independent Review of Maintenance, Monitoring and Verification. The Energy Performance COntract must provide for a portion of the guaranteed savings for Southold to contract with an independent maintenance, monitoring ~ul verification specialist to provide an independent review of the Contractor's monitoring and verification plans and reporting. 27 TOWN OFSOUTHOLD REQUEST FOR PROPOSAL FOR THE TOWN OF SOUTHOLD GUARANTEED ENERGY SAVINGS STREETLIGHT R F, TROFIT/R F. PLACEMENT Attachment C: Standard Form Contract Proposal Due Date: September 6, 2012, 10:00 AM AGREEMENT THIS AGREEMENT, entered into this __ day of ,20__, by and between the Town of Southold, New York ("the Town"), a municipal corporation organized and existing under the laws of the State of New York with office~ at 53095 Main Road, Southold, New York, and (the "Contractor"), with an address of ; WITNESSETH, that the Town and the Contractor, for the consideration hereinat~er named, agree as follows: ARTICLE 1. WORK TO BE DONE AND CONSIDERATION THEREFOR The Contractor shall perform the following: INSERT DESCRIPTION OF WORK The above mentioned shall be performed in accordance with attached plans entitled , drawn by , dated , and last amended on , as approved by , a copy of which is attached hereto and made a part hereof. ARTICLE 2. TIME OF COMPLETION The services to be rendered under this Contract shall be completed no later than Time of performance is of the essence of this Agreement. 28 ARTICLE 3. ACCEPTANCE AND FINAL PAYMENT Upon receipt of written notice that the Contract has been fully performed and an inspection by the Town Engineer to certify that the work has been completed ~o the satisfaction of the Town, the Conlractor shall file w/th the Town Complroller an itemized voucher and the Town will pay the Contractor $ ARTICLE 4. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this Contract u~til it has obtained all imurance required under this paragraph and such insurance has been approved by the Town. (a) Compensation Insurance: The Contractor shall take out and maintain during the life of this Contract Workers' Compensation Insurance for its employees to be assigned to the work hereunder. (b) Insurance: The Contractor shall take out and maintain during the lifo of this Contract ~uch general liability, property damage, and comme~ial auto liability insur~ce ~ ~ protect it fi'om claima for damages for personal injury, including ~leatal death, as well as flora elaim~ for propztty damage which may arise from operations under this ContracL The amounts of ~ insurance ~hall be as follows: Oenexal liability inm~mce in an amount not ie~ than $1,000,000 for injuries, iucluding wrongful death to any one person and subject to the same limit for each person, in an amount not less than $2,000,000 on account of any one occurrence. Property damage insurance in an amount not less than $300,000 for damage on account of all Commemiai auto liability insurance in an amount not less than $500,000 for damage on account of ail occurrences. The Contractor shall furnish the above insurances to the Town and shall also name the Town as an additional named insured in said policies. (¢) Any accidant shall be reported to the office of the Towo Clerk as soon as possible and not later than twanty-four (24) hours from the time of such accident A detailed written report must be submitted to the Town as soon thereafter as possible and not later than three (3) days after the date of such accident. ARTICLE 5. BONDS Prior to the execution of this Agreement, the Contractor shall furnish to the Town a Performance Bond wherein the named obligee is the Town. The performance bond's purpose is to secure the faithful performance of the agreement. The Bond amount shall be 29 · The bond shall be executed by a surety company approved by the Town, authorized to do business in the State of New York and with an .office or representative in Suffolk County, New York. The form shall be acceptable to the Town and shall have a term through tho oompletion of services. As an alternative to the Performance Bond, the Contractor may furnish a certified check, bank draft, money order, or a standard form irrevocable letter of credit Certified check, bank draft or money order must be made payable to the order of the Town. The standard form irrevocable letter of credit shall be in a form acceptable to the Town. In the event the Contractor secures a Performance Bond from any of its subcontractors, said bond shall also name thc Town as a dual obligce. In the event the Contractor falls to perform its obligations under this Agreement, the Town may tei-ii~inate such agreement, and the Town may procure the services from other sources and hold the Contractor responsible for any excess costs incurred and deduct.from payments owing to the Contractor and/or draw upon the Performance Bond as full or partial reimbursement for such excess costs. ARTICLE 6. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants: (a) That it is financially solvent and that it is egperienced in and competent to perform the type of wnrk or to furnish m~hanical maintenance dredging to be furnished by it; and Co) That it is familiar with all federal, stats, municipal and department laws, ordinances and regulations which may in any way affect the work or those employed therein. ARTICLE 7. PERMITS AND REOULATIONS The Contractor shall comply with all permits issued to the Town in connection with the services furnished under this Agreement. ARTICLE 8. TOWN'S RIGHT TO STOP WORK OR TERMINATE CONTRACT The Town shall have the right to stop wonk or terminate the Contract if: (a) The Contractor is adjudged bankrupt or makes an assignment for the benefit of ~reditors; (b) A receiver or liquidator is appointed for the Contractor or for any of its property end is not dismissed within 20 days after such appointment or the proceedings in connexion the~with are not stayed on appeal within the said 20 days; or 3O (c) The Contractor refuses or fails to prosecute the work or any part thereof with due diligence; or (d) The Contractor fails to make prompt payment to persons supplying labor for the work; or (e) The Contractor fails or refuses to comply with all applicable laws or ordinances; or (f) The Contractor is guilty cfa substantial violation of any provision of this Contract; (g) The Town's ~ecution and participation in this contract is found to be in violation of an existing collective bargaining agreement. {h) In any event, thc Town, without prejudice to any other fights or remedy it may have, may, with our without cause, by seven (7) days' notice to the Contractor, terminate the employment of the Contractor and its right to proceed as to the work. In such case, the Contractor shall not be entitled to receive any further payment beyond what owed in quantum memit. ARTICLE 9. DAMAGES It is hereby mutually covenanted and agreed that the r~lation of the ContraCtor to the work to be performed by it under this Contract shall be that of an independent contractor. As an independent contractor, it will be responsible for ali damage, loss or injury to parsons or property that may arise in or be inGun'ed during the conduct and progress of said work, whether or not the Contractor, its agents, or employees have been negligent. The Contractor shall hold and keep the Town free and discharged of and from any and all responsibility and liability of any sort or kind. The Contractor shall assume all responsibility for risks or casualties of every description, for loss or injury to persons or property arising out of the nature of the work, from the action of the elements, or from any unforeseen or unusual difficulty. Thc Contractor shall make good any damages 'that may occur in consequence of the work or any part of it. The Contractor shall assume all blame, loss and responsibility of any nature by reason of neglect or violation of any federal, state, county or local laws, regulations or ordinances. ARTICLE 10. INDEMNITY AND SAVE HARMLESS AGREEMENT The Contractor agrees to inderanify and save the Town, its officers, agents and employees harmless from any liability imposed upon the Town, its officer~, agents and/or employees arising from thc negligence, active or passive, of the Contractor and from and against any damal~, claims, or expenses, including reasonable attorney's fees, arising out of Contractor's breach of the Agreement or from Contractor's acts or omissions outside thc scope of the Agreement or arising out of claims or actions by third parties against Contractor by virtue of his performance of this Agreement. 31 ARTICLE 11. NO ASSIGNMENT In accordance with the provisions of section 109 of the General Municipal Law, the Contractor is hereby prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this Agreement, or of its right, rifle or interest in this Agreem~t, or its power to e~xacute this Agreement, to any other pemon or corporation without the previous consent in writing of the Town. ARTICLE 12. REQUIRED PROVISIONS OF LAW Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to have been ~ herein. If any such provision is not ins~ed, through mistake or otherwise, then upon the application of either party, this Conmmt shall be physically amended forthwith to make such insen%n. In particular, the ConUactor shall, among other things, fully comply with: (a) Labor Law section 220-e and Executive Law sections 291-299 and the Civil Rights Law relating to prohibition against discrimination and providing equal Opportunity. (b) Affirmative action as required by the Labor Law. (c) (d) Prevention of dust hazard required by Labor Law section 222-s. PreferenCe in employment of persons required by I_~_t~r Law section 222. (o) Eight-hour workday as required by Labor Law section 220(2). ARTICLE 13. PREVAILING WAGE RATES REQUIRED BY LAW (a) The parties hereto, in accordance with the provisions of sect/on 220(3) of the Labor Law, hereby agree that there ~ be paid each employee engaged in work under this Contract not less than thc wage rate and supplements set opposite the trade or occupation in which he/she is engaged, as listed on Exhibit A attached hereto and made a part of this Agreement, which are the wage rates and supplements established as the prevailing rate of wages for the work covered by this Contract. Co) Labor classifications not appearing on the schedule of wages can be used only with the consent of the Owner and then the rate to be paid will be given by the Owner after being advised by the Department of Labor. (c) The Conhactor shall post in a prominent and accessible place on the site of the work a legible statement of ail wage rates and supplements, as specified in the ConUact, for the various classes of mechanics, workingmen/women, or laborers employed on the work. 32 ARTICLE 14. ARBITRATION Should any dispute arise between the Town and the Contractor regarding the manner or sufficiency ofth~ performance of the work, the disputed matter shall be settled by arbitration in accordance with the laws of the State of New York. There shall be three arbitrators, one of whom shall be selected by each of thc parties hereto, and the third by the two arbitrators so selected. If the selection of any arbitrator is not made within fifteen (15) days of the time that either party has notified the other of the name of the arbitrator it has selected, tben the arbitrator or arbitrators not selected shall be appointed in the manner provided by the laws of the State of New York. The work shall not be interrupted or delayed pending such decision. ARTICLE 15. AUTHORITY FOR EXECUTION ON BEHALF OF THE TOWN The Supervisor has executed this Agreement pursuant to a Resolution adopted by the Town Board of the Town of Southold, at a meeting thereof held on December 15, 2009. Scott A. Russell, Supervisor, whose signature appears her~ffter, is duly authorized and empowered to execute this instrument and enter into such an Agreement on behalf of the Town. This instrument shall be executed in duplicate. At least one copy shall be permanently filed, after execution thereof, in the office oftbe Town Clerk, Elizabeth Neville. ARTICLE 16. NOTICES Any and all notices and payments required hereunder shall be addressed as follows, or to such other address as may hereafter be designated in writing by either party hereto: To Town: Elizabeth A. Neville, RMC, CMC Southold Town Clerk PO Box 1179 Southold, NY 1197t To Contractor: INSERT CONTRACTOR ADDRESS ARTICLE 17. WAIVER No waiver of any breach of any condition of the Agreement shall be binding unless in writing and signed by the party waiving said breach. No such waiver shall in any way affect any other term or condition of this Agreement or constitute a cause or excuse for a repetition of such or any other breach unless the wai~er shall include the same. ARTICLE 18. MODIFICATION This Agreement constitutes the complete understanding of the parties. No modifioation of any provisions thereof shall be valid unless in writing and signed by both parties. 33 ARTICLE 19. APPLICABLE LAW This Agreement is governed by the laws of the State of New York. IN WITNESS WHEREOF, the Town of Southold has caused its corporate seal to be affixed hereto and these presents to be signed by Scott A. Russell, its Supervisor, duly authorized to do so, and to bo attested to by Elizabeth A. Neville, Town Clerk, and the Conltactor has caused its corporate seal to bo affixed bomto and these presents to bo signed by its President, the day and year first abovo written. Town of Southold (Seal of the Town of Southold) Attest: By: By: Scott A. Russell, Supervisor Elizabeth A. Neville, Town Clerk NAME OF CONTRACTOR. By: STATE OF NEW YORK: COUNTY OF SUFFOLK: ss.: On this __ day of 20 , before me, the subscriber, personally appeared Scott A. Russell who, being by me duly sworn, deposes and says: That he is the Supervisor of the Town of Southold (the "Town"), the municipal subdivision of the State of New York named in and which executed the above and within Instrument; that he knows the seal of said Town and that the seal affixed to said Ins~'ument is the seal of the Town; that it was so affixed by the order of the Town Board of the Town, and that he signed his name thereto by like order;, And on the same day before mc personally came and appeared Elizabeth A. Neville, Clerk of the Town of Southold, who, being by me duly swnm, deposes and says: that she is the Clerk of the Town; th. at she knows the seal of said Town; that it was affixed to said Instrument and is the seal of the Town; that said Scott A. Russell is the Supervisor of the Town and that the signature on said instrument is the signature of said Scott A. Russell, as Supervisor. Notary Public 34 STATE OF NEW YORK: COUNTY OF SUFFOLK: ss.: On the __ day of in the year 20__ before me, the undersigned, a notary public in and for said state, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual who~ name is subscribed to the within instrument and acknowledged to me that he/she executed the ~mae in his/her capacity and that by his/her signature on the instrument, tho individual or the pes~on upon whose behalf of which the individual acted, executed the instrument. Not,~ry Public 35 TOWN OF SOUTHOLD REQUEST FOR PROPOSAL FOR THE TOWN OF SOUTHOLD GUARANTEED ENERGY SAVINGS STREETLIGHT R RTROFIT/REPLACEMENT Attachment D: Non-Collusive Bidding Certification Proposal Due Date: September 6, 2012, 10:00 AM STATEMI=MT OF NOB-COl I I LqlON (To be completed by each Bidder) In accordance with Section 103-d General Municipal Law, effective September 1, 1966, every bid or proposal hereafter made to a political subdivision of the State of any public departm~t, agency, or official thereof or to a fore district or any agency or official thereof for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affirmed by such bidder as-true under the penalties of perjury; non-collusive bidding ce~fication. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition. The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirms the 36 truth thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. That ~ched hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal on behalf of the corporate bidder. RESOLUTION Resolved that of the be authorized to sign and submit the bid or proposal of this corporation for the following Project: GUARANTEED ENERGY SAVINGS STREETLIGHT RETROFIT/REPLACEMENT and to include in such bid or proposal the certificate as to non-collusion required by section one- hundred-three~d (103-<1) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or miss-statements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing is true and correct copy of the resolution adopted by corporation at a meeting of the Board of Directors, held on the day of ,20 (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as emended & effective on September 1, 1965. Signature 37 TOWN OF SOUTHOLD REQUEST FOR PROPOSAL FOR THE TOWN OF SOUTHOLD GUARANTEED ENERGY SAVINGS STREETLIGHT RETROFIT/REPLACEMENT Attachment E: Streetlight Profiles Proposal Due Date: September 6, 2012, 10:00 AM The following is a list of Southold assets to be included in the Energy Audit phase. The Contractor is responsible for verifying the accuracy, as necessary, Updates and additional asset information may be distributed to the Contractor at the pre-proposal meeting. Light Type Key: E - Flood Lighting K - Decorate Lighting S - Street Lighting Lamp Type Key: M - Mercury Vapor V - Sodium Vapor H - Metal Halide I - Incandescent Location# Light Location iL amp #of Rates Annual Pole Rated Last Type Type Lamps Watts hfs number lumens change date 38