Loading...
HomeMy WebLinkAboutStreetlight RFP LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, the Town of Southold is seeking Request for Proposals (RFP) for the Guaranteed Energy Savings Stxeetlight Retrofit. Specifications for such RFP may be obtained at the Office of the Southo~ Town Clerk, Town Hall, 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, September 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. The Town Board of the Town of Southold reserves the right to reject any and all proposals and waive any and all informalities in any proposals should be it 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, TO~?4' 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 RETROFIT/REPLACEMENT 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 STREETLIGHT RETROFIT/REPLACEMENT TABLE OFCONTENTS REQUEST FOR PROPOSAL FOR THE TOWN OF SOUTHOLD GUARANTEED ENERGY SAVINGS STREETLtGHT RETROFIT/REPLACEMENT Page I SECTION 1 -- INTRODUCTION ............................................................................................ Page 3 A. GENERAL INFORMATION ............................................................................................. Page 3 B. BACKGROUND .............................................................................................................. Page $ C. BIDDING SCHEDULE. ..................................................................................................... Page 3 D, LENGTH OF CONTRACT ................................................................................................ Page 4 E. TERMS AND CONDITION8 ................................................................................ Page 4 F. MINIMUM QUALIFICATIONS ....................................................................................... Page 6 SECTION I1 -~ SCOPE OF WORK ........................................................................................ Page 8 A. GENERAL ...................................................................................................................... Page 8 B. COST OF WORK ............................................................................................................. Page 8 SECTION 111 -- BIDDING INSTRUCTIONS .......................................................................... Page 8 S__ECT1ON 1V -~ PROPOSAL FORMAT INSTRUCTIONS ....................................................... Page 9 SECTION V -- SELECTION OF CONTRACTOR Page 14 A, APPROVING AUTHORITY ............................................................................................ Page 14 B, EVALUATION COMMITTEE .......................................................................................Page 14 C. BASIS FOR AWARD/EVALUATION OF PROPOSALS ...................................................... Page 14 D. PRIME CONTRACTOR ................................................................................................... Page 13 E. CONTRACT DEVELOPMENT ......................................................................................... Page t6 F. CONTINGENCY OF THE CONTRACT AWARD .............................................................. Paget6 G. STANDARD CONTRACT FOR SERVICES ...................................................................... Page t7 FORMS A. RFP Submission Certification ........................................................................... Page 18 B. RFP Submission Form .................................................................................................... Page 19 C. Affidavit of Quallficalian to Bid ........................................................................................ Page21 ATTACHMENTS A. Guaranteed Energy Savings Streetlight Retrofit/Replacement Specifications .............................. Page 2.; B. Special Contract Terms and Conditions ............................................................................... Page 25 C. Starffloxd Form Contract ......................... ; ............................................................. Page 28 D. Non-Collusive Bidding Certification ......................................................................... Page36 E. Streetlight Prof. qes .............................................................................................. Page 38 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 referred 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 described services, A. PROPOSALS The Town of Southold is soliciting proposals for Guaranteed Energy Savings 8treetlight Retrofit/Replacement for the Town of Southold, as detailed in Attachment A and Attachment B. Proposal and ali 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 1 t 971-0959 and the Proposal must be clearly identified as "STREETLIGHT RFP". Each proposal must be signed in writing with the fhll name and address of bidder. No proposal shall be considered which has not been ieceived by the Town Clerk prior to the hour and date stated in these specifications. B. AWARD OF CONTRACT Award of contract will be 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 of the Town. No bid may be withdrawn after the scheduled closing time for receipt of proposals for a period of 45 days pending execution ora contract by the successful Offeror. The technical qualifications, competency, experience 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 offers. The Town will either award the contract 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 the Town Clerk and no othar act shall constitute the acceptance ora proposal. The acceptm~ce ora 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 per~brmance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lo, vest responsible bidder. Any bidder upon his or her authorized representative's written request presented not later than the hem' set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which 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 ifa 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 Contract has been awarded to him or the completion of the energy audit. Failure to execute Contract shall constitute a breach o£the agreement effected by the acceptance of the Proposal. The selected Offm,or will be required to execute an Agreement in a foxTn that substantially conforms to the form Contract attached hereto as Attachment C and the terms and conditions set forth in Attachment B. Shbuld you have any questions regarding this solicitation contact the Town Er~ergy Committee at Elizabcth.Neville~ town.southold.ny.us. SECTION I -INTRODUCTION A. GENERAL INFORMATION This request solicits proposals fro' the Guaranteed Energy Savings Streetlight RetrofiffReplacement 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 contractors own cost and expense. The contractor wilt 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 tenn. A financial agreement with payments covered by the guaranteed savings (Town reserves the right finance the project separately). 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 Fishem Island. The contractor will identify and implement energy improvements to reduce energy and related costs in the Town streetlighting system with the intent of having annual cost savings to fully relmbnrse the Town for the annual payments for the improvements. C. BIDDING SCHEDULE The following target date schedule ~s to be observed with respect to the various actions required to conclude arrangements for the Streetlight RetrofiffReplacement: 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 requh'ements of the RFP and answer questions. Copies of 12-months or one calendar year of utility bills for the streetlights will be distributed at the pre-proposal conference. 3. Offeror's 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 (1) compli~te proposal and all completed bid forms shall be 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 "Streetlight RFP". 6. Proposal evaluations will be completed approximately thirty (30) days after public 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 Com~nittee) that wilt 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 Attachment A/B. 8. Offerors may 10e required to make additional presentations and/or submit additional material if deemed necessary by the Town ia 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. Contract 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 Gum'anteed Energy Savings Streelight Retrofit/Replacement project shall occur when the contract is awarded. The total term not to exceed 15 years, provided the cost-weighted average lifetime of the equipment exceeds the contract tenn. TERMS AND CONDITIONS 1. Town's Right to Reiect/Binding Nature of Proposal The Town reserves the right to reject any or all proposals, 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 assumes all charges, costs, claims or liability for the preparation and submission of its/his/her proposal. The Town is under no obligation to pay or reimburse any organization or individual except pm~uant to a written contract expressly providing for the same. The award will be to the Offeror whose proposal, in the opinion of the Town, is in the best interests of the Town taking into consideration all aspects oft.he Offeror's responses, including total net 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 snbmitted 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 fight to choose to negotiate contracts when determined to be in the Town's best interest. The 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, Accounting System, and Audit. The Of~ror certifies that al~ information the Offeror has provided or w~ll 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 "The 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 Offeror's accounting system conforms to generally accepted accounting principles, is sufficient to comply with the Contractor's budgetary and financial obligations, and is sufficient to produce reliable financial information. The Town may examine the Contractor's records to determine and verily compliance with the Agreement. The Contractor must grant the Town access to these records at all reasonable times during the Agreement te~*a and for five (5) years after final payment. If the Agreement is supported to any extent with Federal, State or County fbnds, 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 as prima facie evidence of compliance with this paragraph. Obvious error(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 proposal~ Modifications and alternate proposals from thc services required can result in the rejection of the proposal as not being responsive to the RFP. Offeror~ should clearly respond to the requirements of the RFP. Any alternate proposals which are offered should be clearly indicated as such. 5. Additional Ser. vlces 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 advuntageous 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 add/tional services in selecting the successful Offer unless otherwise stated. 6. ~)uestions Technical and contractual questions pertaining to tlxis request for proposals shall be referred in writing or via mall to the Energy Committee (ehzabeth.newlle~town.southold.ny.us). 7. Conflict of Interest In accordance with the Town's financial disclosure and ethical conduct policy and/or ordinances, a prereqtfislte for payment pursuant to the terms of this contract is that the Contractor shall furnish explicit statements, }ruder 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 cfa Commission, Board, or Corporation controlled 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, ~[inder'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 possible conflict of interest as herein embodied. Offeror shall also certify under oath that that no employee or agent of Offeror is a member or employee of any agency, commission, 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 Southold must be disclosed. See, RFP Submission Form. 8. Preference Price and other factors'being eqnal; 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. Ownership 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 become the property of the Town. It is agreed that all dkta, 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. i 0. Dissemination of Data During the term o£ the contract awarded pursuant to this RFP, the successfifl Contractor shall not release any information related to the services or performance of the services under the Agreement nor publish any final reports or documents related to services or perfbrmance of services to the Town without the prior w~'itten approval of the Town of Southold. 11. Award Protest Any protest of an award made pursuant to this RFP shall be in writing to the Town Attorney. F. MINIMUM QUALIFICATIONS Qualified Offerors must meet the following nfinlmum selection criteria: Ability to meet requirements. Synopsis letter (cover letter) outlining the Offeror's understanding of the project requiremenfs, including project objectives, goals, potential limitations, and proposed approach for achievement; timefi~tme 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) references of similar projects to the work described herein. Preference will be given to Offerors with municipal agency webs{te design, development and implementation references. d. Project Team Qualifications and Experience. Describe general experience of project team (including sub-consultants); demonstrate number of years and locality o£practice of all members o£the Project Team including sub-consultants (Team members cannot be s~bstituted prior to or during the project without the express written authorization of the Town). e. Completeness of proposal. Ensure all forms are completed; all requested lnformXdon has been provided; response is accurate and correct (no misspellings, grammatical errors, misnomers). 7 SECTION II -SCOPE OF WORK A. GENERAL Refer to "Attachments A-C" for the Town Guaranteed Energy Savings specifications. 8treetlight B. COST OF WORK All submitted responses must include a cost summary which shall state a "not to exceed" price for each of the items set forth in the Construction/Implementation/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.coover(~)town.southold,ny.us, and marked "Proposal 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 the date and time prescribed shall not be considered as received and shall be returned unopened to the Offeror. B. All ttrms ara to submit the proposal in two distinct parts as follows: Part A B Description Energy Audit and Construction/Implementation/ Commissioning/Financing Cost Proposal Each proposal should include at the least the follow/nh: 1. RFP Submission Certification. Each Offeror submitting a proposal must complete and include the RFP Submission Certification which certifies tl~e truth and correctness of the 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. Failm'e by the Offeror to include this RFP Submission Certification with its proposal will be cause for rejection of the proposal. Requires notary. 2. RFP Submission Form. Each Offeror submitting a proposal must complete and include the RFP Submission Form regarding company identification and ownership diselost~res, 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 Qualifications. Statement is to include a list et'other governmental entities for which the Offeror is or has provided services equlvale~t to those specified in this RFP, and the personal qualifications and experienee o£the personnel who will be directly involved in the delivery of services to the Town. 4. Affidavit of Qualification to Bid. Requires notary. 8 D. The Town shall not discuss or disclose proposals or their proposed cost with competing Offerom during the selection process or otherwise disclose them to the public except as may be required under the State Public Information Act and other relevant law. Trade secret, confidential or proprietary information which is submitted must be identified as such m 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 cfa proposal not properly addressed and identified, or disclosure made pursuant to an obligation existing under federal or state law. F. If the firm 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 process and selection 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 the following info~nafion: Contact information for Offeror and location of business offices o Contractor's General Approach to Performance of Contract Describe performance contracting for Offemr'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 general approach to performance contracting: typical phases for a project and ability to support each phase (Project Development, Energy Auditing, Performance/Savings Guarantee, Financing, Construction, Commissioning, Measurement and Verification,. Client StafffOecupant Training, Post-Construction Maintenm~ec 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 perfmmance contracts that Offeror has managed within the last five years. Include iist as shown below: O PERFORMANCE CONTRACTING PROJECTS Project Nmne City, State Total Project Value Year Completed Other Projects (optional). If desired, Offeror may list related projects deemed relevant to this work, particularly 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 expected project, tectmical scope of projects, geographic region. Include the following information on each project: 1. Project identification: Name and location of project. Contact Information: Names and contact information of owner(s), representatives who can serve as references. 3. Project Information: a. Project type b. Project size e. Project Dollar Amount: total contract amount and the total project capital expenditure amount d. Soume of funding: type offinanciag 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 operational improvements related to energy and other cost savings. g. Project performance: State amounts of projected annual savings, guaranteed annuaI 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, servlees, conditions, cmatlve approaches special need of the client, etc. that might be of interest. ' Relevant Experience - Overview of Strengths. Briefly Summarize Offemr'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 slze, scope, facility type; experience with types of retrofits applicable project; etc.). Offemr's Background Information 1. Structure and evolution of Offeror. Type of business entity (corporation, partnership, etc.); name of parent company, if any (include address and tax identification number; name of division or branch office, if any; number of 10 O 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. o Finanelal Quali/ication and Stability of the Firm 1. 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 summary of the Statements of Financial Conditions, including balance sheet, income statement and statement of cash flows, dated within the past 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% cfa payment bond for construction of this project; 100% of a performance bond for eonstmctlon of this project; letter from a licensed surety as evidence of ability to bond for each of these categories. Indust~'y Accreditations State if Offeror is accredited by industry organizations, such as the AEE CLEP "Certified Lighting Efficiency Professional" on staff or pm-qualified for work through the U.S. Department of Energy for federal facilities or the U.S. Department of Defense. Describe the relevance er importance of any accreditations er 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 lightin~electrical, in general, and streetlights in particular. Address Off~ror'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 measures with cash flow) b. System design engineering: mechanical, electrical, etc. c. Procurement, bidding d. Construction e. Cbmmissioning of projects and retro-commissioning of existing buildings f. Project management 11 g. Identification of asbestos and other hazardous materials and abatement, recTeling 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 Equipment wan'antics d. Ability to facilitate financing, including a municipal, tax-exempt purchase. e. Measurement and verification of savings f. Training: maintenance staff and occupants Performance Contracting Technical Approach 1. State whether the performance guarantee provided is self-guaranteed or third party and the value of this aPProach 2. State whether insurance will be provided by Offeror or third party and the value of this appro ach 3. State whether Offeror or manufacturer will provide the warranty and how it is provided. 4. Describe standards of comfm~ that are generally used for light levels in the intended areas and any flexibility. 5. Describe in detail the methodology Offeror normally uses to compute baseline of energy use as well as performance. 6. Describe a schedule for completion and how Offeror will meet the proposed schedule. Financing Company - if Offeror is not the financh~g entity, the Offeror may include bids for financing on behalf of the Town (If this isthe case the Town will sign a separate agreement with the financing company, the Town will review bid, select desired firm and develop the financing agreement). I. Offeror will recommend a financing company qualified to provide financing for this project. 2. Offeror will provide qualification and references for the financing company. This component is optional. Site Specific Approach 1. Summarize thc scope of services (auditing, design, constructlon, monitoring, operations, maintenance, training, financing, etc.) identified fort his project. 2. Based on the streetlight andits and assessment of the information provided, describe 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 technologies, or advanced technologies that might be applicable. Desoribe any special features or services associated with Offeror's proposed improven~ents that would add value to the Town. Describe Offeror's approach to achieve compatibility 12 (such as open systems) and/ur standardization of equipment in the streetlights to be addressed. Management and staffing for the project 1. Management a. Describe Offeror's approach to managing this project. Include an organizational chart showing clear lines of communication and responsibility. Describe the transition and responsible pro'ties from the sale to auditing phase, auditing to construction phase, construction to follow-up monitoring phase, etc. b. Describe how Offeror would work with crescent management and maintenance personnel to coordinate construction and avoid conflicts with the use ora particular area. c. Generally describe the types of services (both professional and construction services) offered in-house and the services offered through sub-contractors, 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 engage the Town in decision-malting regarding project scope, equipment specifications, ongoing operational and maintenance strategies, etc., and how Offeror will incorporate the Tbwn's needs. e. Describe extent of local staffing and support for the geograp~c region. Include basic job descriptions and capabilities 2. Personnel Information a. Identify the individual(s) who will have primary responsibility for each task and phase of the project. List the name, title, intended role and responsibilities for the duration of the contract, the individual's educational background, specific qualifications related to his/her role and responsibilities, past relevant experience, number of years of relevant experience, supervisory responsibilities if relevant, list of projects the individual was associated with during the last five years including type of project and project cost and resume. Tas~ and plmses to address include ~echnical analysis, engineering design, construction management, construction, training and post-contract - -monitoring. Indicate the percent of time each individual is available to work on this project. Indicate the individual's office location. b. Describe any additional expertise and capability of staff available through any parent company, other subcontracts, etc. to provide additional support in tectmical analysis, engineering design, construction management, construction, training and post-contract monitoring, etc. 3. Self-Perf6rmed Work er Subcontractors a. State whether work is completed by the Contractor or by a subcontrnetor ibp 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.) Describe how subcontractors are selected and Offeror's ability to competitively select subcontractors Identify subcontractors selected. Cost Proposal: Cost of each of the general scope services as described above and in Attachment A. These elements parallel the basis of the Town's proposal evaluation criteria. The Town is not responsible for failure to locate, consider, and evaluate qualification factors presented outside of this format. SECTION V SELECTION OF CONTRACTOR This Section of the RFP outlines the Town's process for selecting the best proposal plus the major elements of the subsequent contract resulting fi'om this selection. A. APPROVING AUTHORITY The Approving Authority for this RFP is the Town Board and the at~fliority to approve acquisition is contingent upon appropriation of funds for the total amount of the Contract within each/~scal year. B. EVALUATION COMMITTEE For this RFP, the Evaluation Committee (Energy committee) to review and evaluate all proposals received. In turn, the Evaluation Committee wilt make its recommendation for selection ora firm to the Town Board. C, BASIS FOR AWARDfEVALUATION OF PROPOSALS The award will be made to the qualified respmndent whose p 'oposa s most advantageous to the town with price and other factors considered. The town rna), reject any and all proposals. - The below criteria will be applied and interpreted solely at tee discretion of Southold. Proposal should include all ~ecessary infonnatlon that is pertluent to these evaluation criteria. Additional information required by the Town for a proper assessment of proposals may be requested fi'om the Offeror at the discretion of the ToVn~. Qualifications and Capability (Scoring We[ght.~kj(9_%_'l a. General Firm Information b. Experience of Finn. General experience in energy-related and performance contracting service. c. Scope of Servlee. Comprehensiveness of management, maintenance alld monitorhlg services offered. d. Financial Soundness. Fimmcial. soundness and stability of the Contractor. Completeness and strength (financial viability) of most recent annual fiuancial statements. 14 ~perien~e.and Expertise (Sc. or!ng Weight: 20%) a. Project History. Quality of past projects completed with respect to scope and documented savings. b. Personnel Information. Qualifications and relevant experience of the staff in engineering, proj eot management and other areas of importance. Technical Approach (Scoring Weight: 10%) a. Audit. The quality of the facility energy audits performed by the Respondent. b. Design/Construction. Overall approach. e. Engineering analysis. Reasonableness of methodologies to determine the baseline and savings. Performance Contracting~Appmach (Scoring Weight: 10%) a. Approach. Overall approach to performance contracting and needed contract adjustments. b. Other services. Full range of services and flexibility in applying those services. e. Construotion Issues. Ways of handling environmental liabilities, warranties and equipment service. d; Standardized Contracts: Willingness to use state-approved contracts. Site Specific Approach (8coril]g Weight: 20%) a. Project Scope for:this Project. Understanding Southold street and lighting conditions, systems and operation and maintenance projects. Responsive to strategies in adapting control strategies, equipment and maintenance practices in response to changes in utility rates, technology, and facility oondition in order to enhanoe project performance. Comprehensiveness and clarity of technical approach to this project based on improvements likely to be included. Relevance and documented savings of past projects completed that are similar in size and scope. b. Project Management. Management approach and_relevant qualificatio~as 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. Construction managemem, scheduling, operation and maintenance approach, approach to compatibility/openness/standardization of equipment, standards of comfort and provision of insurance. Cost and Pricing (Scoring Weight: 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 censistency, and to evaluate costs based on establisl~ed catalog and market prices, historical prices and independent cost estimates. b. Constraction/tmplementation/Commissioning Phase: Markup Costs. Consider reasonableness of mm'kup costs. The markup costs are disclosed to illustrate typical project costing approach for a project of similm' scope and size. They are evaluated for the purpose of award and may be negotiated during contract negotiations based on the scope and magnitude of the project. These rates will bo 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 15 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 necessm'i!y limited to, explanations of the proposed approach, website design, and qualifications of the firm. The Evaluation Committee may arrange for discussion with firms submitting proposals, if required, to the purpose of obtmnmg additional information m- clariflcation. After review and evaluation, and based on its sole discretion, the Town reserves the right to reject any or all proposals received in respouse to this request and will not compensate or reimburse Offerors for the cost of proposal preparation 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 resl~onsibilities. E. CONTRACT DEVELOPMENT Once a firm is tentatively selected based on the "Evaluation Criteria," the Town reserves the right to negotiate further with the selected firm. 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 riegotiated with the highest ranked and quaiiSed film, negotiation will be formally terminated. Negotiations shall be undertaken with the second highest ranked and most qualified firm and so on. The Selection Committee, ifa Committee is utilized, will make appropriate recommendations to tli~ Approving Authority prior to actual award of the contract. F. CONTINGENCY OF TIlE CONTRACT AWARD Award oftbe contract to the selected firm is contingent upon: The budget and appropriation of funds (if necessary) by the Town Board, and The successful negoti~ttion 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 WITlt PROPOSAL SUBMISSION PROPOSAL SUBMITTED BY: FIRM: ... ~©h~s~,~ Cot,3~-~'KO ~,-q PHONE: The proposal as submitted includes the Town of Southold Guaranteed Energy Savings Streetlight Retrofit/Replacement RFP Submission Form with Conflict of Interest Certification, an Affidavit of Qualification to Bid and a Statement of Qualifications. I, the undersigned, hereby attest to the truth and comple'~eness of the information and responses provided and certify that my firm has met the minimum selection criteria required in the Town of 8outhold's Request for Proposal for tile Town of South_old Guaranteed Energy Savings Streetlight Retrofit/Replacement. Sig=ture Date c/ '/ / STATEOF: ~O Yor~- COUNTY OF: 50~'Tv\'~c ' SS: On the ~ day of g~{~O,¥~.r- .in the yegg,;.2012 bdbre me, tile undersigned, a notary public in and for said state, personally appeared \~ ~ c~.~"~ ,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 instrmnent 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. Notm'y Pul~lie AMANDA C SARGENT NOTARY PUBLIC-STATE OF NEW YORK No. 0'1SA6237517 Qualified in Suffolk County My Commission Expires April 18, 2015 18 RFP SUBMISSION FORM Company Name: Company Federal Tax Identification Number: Contact Persoll Company Address I i 2- ct I Phone: Fax: ~-! CONFLICT OF INTEREST CERTIFICATION I HEREBY CERTIFY, on behalf of W'c3 ~ ~0x0 ,..) (---o~,J~zx) l ~, 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 cfa Commission, Board, or Corporation controlled or appointed by the Supervisor and Town Board of the Town has received or has been promised directly or indirectly, any financial benefi~ by way of fee, commission, finder's fee, or in any other manner, remtmeration directly or indirectly related to this contract. Upon request by the Town Attorney, or other authorized agent, as a prereqtfis~ite to payment pursuant to the terms cfa eonWaet awarded pursuant to this bid submission, ,~ Oh ~, so,v 6o,,J-l},ol~ 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, 0nbehalfof -'~0~W~oN 6ot. Jl-mols that no employee or agent of ~'O¼ ~o so ,~ C-o ~ ts is a member or employee of any agency, commission, board or corporation of the Town of Southold or is the spouse or any other relative of any of the foregoing. If -~D ~ ~ s 0 '-) Co,,~ Lc 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 the penalties of pe~im'y that the contents of this affidavit are true and correct. On me r day of 5e~ in the year 2012 before me, the undersigned, a notaw publio in ~d for said ~tate, personally appeared ~¢*m~ r ~ , personflly kno~ to me or proved to me on ~e basis of satisfactory evidence m be the individual whose name is subscribed to ~e within ins~'ument and acknowledged to me that he/she executed ~e same in hi.er oapacity and that by his/her signatt~e on ~e instrument, the individual or the person upon whose behalf of which t~ individual acted, executed.the ins~ument. Notary Public AMANDA C SARGENT NOTARY PUBLIC-$TATI"' OF NEW YORK No. 01SA6237517 Qualified in Suffolk County My Commission Expires April 15, 2015 20 AFFADAVIT OF QUALIFICATION TO BID I HEREBY AFFIRM THAT 1) I am the P~ c~ca 0 ~T- ~)C c~-c c~T; ~ ~ and the duly authorized (Ti~) representative of~e firm ' ~h ~so~ ~o [ & and ~at I (Nme of Co¢oration) possess the legal anthority to make this ~5davit on behalf of myself ~d the firm for which I am acting. 2) 4) 5) The firm '~[ o~qo~4 COMT&O [ ~ is either a New York corporation or is a foreign corporation properly registered with the New York State Department of Taxation and Finance. Except as dasaribed in paragraph 4 below, neither I nor the above firm, nor to the best of my knowledge, any of its officers, directors, or partners, or any of its employees directly involved in obtaining contracts with the State or an county, bi-county, or multi-county agency, or subdivision of the State have been convieted of, or have pleaded nolo contendere to a charge of, or have, during the course of an offieial 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 contract with a public body under the laws of any state or the Federal government. List any conviction, plea, or admission described in paragraph 3 above, with the date, court, official, or adminlstmtive body; the individuals involved and their position with the firm; and the sentence or disposition, if any. Otherwise, state "none" as appropriate. Neither I nor the above firm, nor to the best of my knowledge an officer, pmtner, controlling stnekholder or principal of the 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 offeuse incident to obtaining, attempting to obtain, or performing a public or private contract; or (ii) fraud, embezzlement, theft, forgery, falsification or destruction of records, or meei¥ing stolen property; (2) been convicted of a criminal violation of an antitrust statute of the State, another state or the United Sta~es; (3) been convicted cfa violation of the Racketeer Influenced and Co~cupt Organization Act, or the Mail Fraud Act, for acts in connection with the submission of bids or lm'oposals for a publSe 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 fomsd civilly liable under an antitrust statute of the State, another state or the United States ~br acts or omissions in connection with the submission of bids or proposals for a public or private contract. Bidder hereby declares that this bid is made without any connection or collusion with any person, firm or corp~ratlon making a bid for the same work; tlmt pm'suant to this 21 affidavit; that the attached specifications and any drawings referred to l~erein have been eare/'ully examined and are understood; that oarebal 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 affidavit are not true and correct, the Town of Southold may terminate any contract awarded and take any other appropriate action. I do solemnly declare and affirm under the penalties of pmjury that the contents of this affidavit are tra,~ and correct. Witaess Date onthe~ dayof ~P~ in *e y~r 20~2 before me, the undersigned, anot~y public in and for s~ ~ally appeared '~ m~ r ~ , personify kno~vn to me or proved ~ tne on the basis of safishctory evidence m be the individu~ M~ose nme is subscribed to the within instrument and acknowledged to me tlmt he/she exeeut~ the sine in his/her capacity and that by his/her signa~e on the instrument, the individual or the person upou whose 5eh~fofwhich th~ndividu~ acted, executed d~e instrument. AMANDA C SARGENT NOTARY PUBLIC-STATE OF NEW YORK NO. 01SA6237§17 Qualified In Suffolk County My Commission Expires April 1§, 20!~ 22 TOWN OF SOUTHOLD 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 Proposal Phase Energy Audit and Project Proposal. Contractor is responsible to perform a sufficiently detailed and comprehensive Energy Audit to prepare an EPC Proposal. Southold shall have no payment obligations in the event that no suitable measures were identified which, if implemented, will provide Southold with cash savings sufficient to fund the payments of all costs and fees associated with the EPC (also see Attachment B "Special Contract Terms and Condifioq. s"). Contractor shall clearly identify the measures selected for the EPC and provide support for the selection in the Energy Audit report or other analysis documents. Construction/Implementation/Commissioning/Financial Plans · Energy Performance Contract. Following the final selection ora Contractor, an Energy Performance Contract will be negotiated to implement the projects (also see Attachment B "Special Contract Terms and Conditions"). Financing Agreement. If the Contractor is not financing the Energy Performance Contract directly, the Contractor shall include at least one financing bid in the proposal from a financing company in the submitted EPC proposal. Southold resetwes the right to make the final selection of the financing company. · The performance contract can be mnended at any time during the initial performance contract term to address other facilities or new proj cots. · 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 $outhold streetlights. · Preform utility bill analysis of the facilities. · Benchmark the facilities using Energy Star Portfolio Manager or m~other 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. * Hazm'dous waste disposal or recycling. · An'ange 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 savings. * . Provide for independent review of monitoring and verification (guaranteed savings pay for independent Consultant). * Monitoring and repro'ting of emissions reductions, 24 TOWN OF SOUTHOLD REQUEST FOR PROPOSAI J FOR THE TOWN OF SOUTHOLD GUARANTEED ENERGY SAVINGS STREETLIGHT RETROFIT/REPLACEMENT Attachment B: Special Contract Terms & Conditions Proposal Due Date: September 6, 2012, 10:00 AM Payment for Audit Contractor performs Energy Audit of the Southold assets at its own cost and risk for the pm'pose of identifying and developing work scope for the EPC Proposal. Southold shall have no payment obligations. Project with Insufficient Savings. 8outhold 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 and fees associated with the Energy Performance Contract, including alt m mont. hly payrnen~ to finance the measures, (2) any annual fees for monitoring, verification and maintenance incurred by the Contractor or an independent consultant. Should the Contractor determine at any time during the Audit that savings cannot be attained to meet these terms; the Audit may be terminated by written notice by the Contractor to Southold. Fmiding Sources to Suppol~ 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. Savin~s Calculations The following tbrmat 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 Yearl Year2 Year3 Year4 Year5 !KWH KW demand Other (specify) Contract The contract term is up to 15 Years provided the cost-weighted average lifetime of the equipment exceeds the contract term, however, the Contract may propose a lesser term. The ASHRAE Book of Standards will be used in determining the cost-weighted average useful life of the 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. Tiffs means that excess savings in other yem~ mad interim savings during the construction period will not be allocated to meet shortfalls in any year. Annual payments include debt service, Contractor fees, 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 contract; however, the guarantee shall be made available as a continued option for each subsequent year of the contract term if non lighting ECM's are included. Southold can cm~eel the guarantee at any time after :he required perlod. 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 gnarantee 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. · Interhn Savings during Construction Period. Savings accrued during the construction period witl not be allocated to the annual savings of any year. See "Annual Savings Exceed Annual Costs" above. Excess Savings (beyond the guaranteed amount). Excess sayings will be retained by Southold and will not be allocated to shortfalls in savings in other years. See "Am~ual Savings Exceed Annual Costs" above. ,, 5% Contingency. Contractor to insert a 5% contingency in his bid to cover changes to the agreement. · Any nnusexl contingency cost will not be retained by the Contractor and will be applied to the project. · Annual Appropriations. Annual payment is subject to annual appropriations. 26 The final EPC Contract shall contain the fbllowing 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 reI~resentation by any public employee or officer creates any legal or moral obligation to request, appropriate or make available monies for the purpose of the contract." · Inflation and Escalation Rates. Any 5nflation rotes will be pre-approved by Southold. · Energy Escalation Rates. Where the annual lease-purchase payments are set-up to escalate each year in anticipation of aunually 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 manufacturer, 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 Verification (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 C0'ntraet must provide for a portion of the guaranteed savings for Southold to contract with an independent maintenance, monitoring and verification specialist to provid~ an independent review of the Contractor's monitoring and verification plans and reporting. 27 TOWN OF SOUTHOLD REQUEST FOR PROPOSAL FOR THE TOWN OF SOUTHOLD GUARANTEED ENERGY SAVINGS STREETLIGHT RETROFIT/REPLACEMENT 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 murdeipal corporation organizad and existing under t2~e laws of the State of New York with offices at 53095 Main Road, Southold, New York, and (the "Contractor"), with an address of ; WITNESSETH, that the Town and the Contractor, for the consideration hereinafter 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 to the satisfaction of the Town, the Contractor shall file with the Town Comptroller an itemized voucher and the Town will pay the Contractor $ ARTICLE 4. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this Contract until it has obtained all insurance 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 life of this Contract such general liability, property damage, and commercial auto liability insurance a~ shall protect it from claims for damages for personal injury, including accidental death, as well as from claims for property damage which may. arise from operations under this Contractl The amounts of such insurance shall be as follows: General liability insurance in an amount not less than $1,000,000 for injuries, including wrongful death to any one person and subject to the sanae 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 occurrences. Commercial auto liability insm~mce in an amount not less than $500,000 for damage on account of all 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. (c) Any accident shall be reported to the office of the Town Clerk as soon as possible and not later than twenty-four (24) hours from the time of such accident. A detailed written report must be submitted to the Town as soon thereal~er 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 the completion 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 the Town as a dual obligee. In the event the Contractor fails to perform its obligations under this Agreement, the Town may terminate 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 said that it is experienced in and competent to perform the type of work or to furnish mechanical maintenance dredging to be fumlshed by it; and (b) That it is familiar with all federal, state, municipal and department laws, ordinances and regulations which may in any way affect the work or those employed therein. ARTICLE 7. PERMITS AND REGULATIONS 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 work or terminate the Contract if: (a) or The Contractor is adjudged bankrupt or makes an assignment for the benefit of creditors; (b) A receiver or liquidator is appointed for the Contractor or for any of its property and is not dismissed within 20 days after such appointment or the proceedings in connection therewith 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 The Contractor is guilty of a substantial violation of any provision of this Contract; (g) The Town's execution and participation in this contract is found to be in violation of an existing collective bargaining agreement. (h) In any event, the Town, without prejudice to any other rights or remedy it may have, may, with our without cause, by seven (7) days' notice to the Contractor, terminate the employment office Contractor and its fight to proceed as lo 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 relation 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 all damage, loss or injury to persons or property that may arise in or be incrusted 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 ali responsibility and liability of any sort or kind. The Contractor shall assume all responsibility for risks or casualties of every description, for loss or injm~ 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. The 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 natm'e by reason of neglect or violation of any i~deral, state, county or local laws, regulations or ordinances. ARTICLE 10. INDEMNITY AND SAVE HARMLESS AGREEMENT The Contractor agrees to indemnify and save the Town, its officers, agents and employees harmless from any liability imposed upon the Town, its officers, agents and/or employees arising from the negligence, active or passive, of the Contractor and fi'om and against any damages, 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 the scope of the Agreemm~t 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, title or interest in this Agreement, or its power to execute this Agreement, to any other person 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 inserted herein. If any such provision is not inserted, th'ough mistake or otherwise, then upon the application of either party, this Contract shall be physically amended forthwith to make such insertion. In particular, the Contractor shall, among other things, fully comply with: (a) Labor Law seehon 220~e and Executive Law sections 291-299 an the Civil Rights Law relating to prohibition against discrimination and providing equal opportunity. (b) Affirmative action as required by the Labor Law. (o) (d) Prevention of dust hazard required by Labor Law section 222-a. Preference in employment of persons requh'ed by Labor Law section 222. (e) 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 section 220(3) of the Labor Law, hereby agree that there ~hall be paid each employee engaged in work Lmder this Contract not less than the wage rate md supplements set opposite the trade or occupation in wl~eh 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 rote of wages for the work covered by this Contract. (b) 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 Contractor shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements, as specified in the Contract, 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 of the 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 the parties hereto, mid the third by the two arbitrators so selected. If the selection of any arbitrator is not made within fifteen (i 5) days of the time that either party has not/fled the other of the name of the arbitrator it has selected, tl'/en 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 Agq'eement 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 hereafter, 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 of the 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 1 t 79 Southold, NY 1'1971 To Contractor: INSERT CONTRACTOR ADDRESS ARTICLE 17. WA1VER 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 to m or condition ofth~s Agreement or constitute a cause or excuse for a repetttton of such or any other breach unless the waiver shall include the same. ARTICLE 18. MODIFICATION This Agreement constitutes the Complete understanding of the parties. No modification 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 be attested to by Elizabeth A. Neville, Town Clerk, and the Contractor has caused its corporate seal to be affixed hereto and these presents to be signed by its President, the day and year first above 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 Superyisor 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 Instrument 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 nmne thereto by like order; And on the same day before me personally came and appeared Elizabeth A. Neville, Clerk of the Town of Southold, who, being by me duly sworn, deposes and says: that she is the Clerk of the Town; that she knows the seal of said Town; that it was affixed to said lnstrumen* 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 __ da~ 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 whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity mad that by his/her signalum on the instrument, the individual or the person upon whose behalf of which the 5ndividual acted, executed the insta'ument. Notary Public 35 TOWN OF SOUTHOLD REQUEST FOR PROPOSAL FOR THE TOWN OF SOUTHOLD GUARANTEED ENERGY SAVINGS STREETLIGHT RETROFIT/REPLACEMENT Attachment D: Non-Collusive Bidding Certification Proposal Due Date: September 6, 2012, 10:00 AM STATEMENT OF NON-COLLUSION (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 department, 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 biddh~g certification. 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) (2) (3) 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~ Unless otherwise ~'equired by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and wili not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. No attempt has been made or will be made by the bidder to induce any other person, parb~ership, or corporation to submit or not to submit a bid fbr 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 perjm'y, affirms the 36 truth thereof, such penalties being applicable to the bidder, as welt as the person signing in its behalf. That attached hereto (if a corporate bidder) is a certified copy of rasolution 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- handred-three-d (103-d) 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, See. 103-d, as amended & 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 Locatio~# Light Location Lamp #of Rates Annual Pole Rated Last Type Type Lamps Watts hfs number lumens change date 38 I I I I I I I I I Johnson I Controls Johnson Johnson Controls 6 Aerial Way Syosset, NY 11791 Controls September 6, 2012 Town of Southold Streetlight RFP Town of Southold Office of Town Clerk P.O. Box 1179 53095 Main Street Southold, New York 11971-0959 RE: Town of Southold saves more than $49,500 annually and over $1.24mil over 20 years by entering into an Energy Performance Contract to replace 1,533 Streetlights with new LED streetlight fixtures Dear Ms. Cooper, Johnson Controls is pleased to submit this proposal for the Town of Southold. Johnson Controls looks forward to the opportunity to save the Town of Southold energy expenditures through our proven energy savings processes. We understand this could be an accelerated paced project, and we have the resources necessary to meet your deadlines. Johnson Controls will replace 1,533 existing streetlights that are currently owned, operated and maintained by the Town of Southold with new high-efficiency LED streetlights. By utilizing the experience of Johnson Controls own lighting service division, we will be self performing on the life of this contract. Johnson Controls will be purchasing the GE fixtures currently installed at 2 locations on Long Island for which we were chosen as the vendor to install streetlights at The Village of Lynbrook and Town of Hempstead (currently under development). We attached, as an example of the before and after LIPA streetlight bills for the Village of Lynbrook that were installed under an EPC with Johnson Controls. Over 1146 streetlights were replaced. The GE technology that JCl has installed is the best to serve the Town of Southold over the next 20 years and beyond. The Town of Southold will realize an energy cost savings of $49,543; a 54% reduction on your baseline streetlight utility spend, through Johnson Controls' best-practices approach to implementing this project. Annual Project Savings will pay for the total project cost of $997,851 over 15 years. A summary of the Town's utility expenditures based on the information provided in the RFP is shown in the table below. All data is subject to the energy audit/survey of the streetlight poles and a direct truing up of the LIPA bill comparison against field inventory audit data. EXISTING ENERGY USAGE: 650,670 $91,744 AFTER PROJECT ENERGYUSAGE: 299,300 $42,201 AFTER PROJECT ENERGYSAVINGS: 351,370 $49,543 Positive Cash Flow The preliminary cash flow analysis shows that the project is cash positive starting from year 1 and generates over $377,841 of positive Cash Flow over the life of the 15-year contract and over $1,200,000 in a 20 year term. The table below shows the cash flow for the proposed project through 20 years. Town of Southold Street Lights Energy Project Johnson Controls This efficiency project with Johnson Controls could create 14jobs and $1,920,122 in additional spending in New York. Reduction in Emissions and Carbon Footprint The overall reduction in the consumption of electricity and the emissions-reduction resulting from the implementation of the proposed energy project is shown below. C02 sequestered by 5,564 tree seedlings grown for 10 years in an urban scenario' C02 sequestered by 49 acres of pine or fir forests C02 emissions from 40 passenger vehicles 505 CO2 emissions from the energy use of 19 homes for one year C02 emissions from bumtn~ 1 Number of Job Created 14 I I I I I If you have any further questions, please do not hesitate to call. Thomas J. Burke Account Executive Johnson Controls 516-822-0590 Office 631-241-4347 Cell Village of Lynbrook Street Lighting Bill Sample Pre Retrofit LIP^ Customer ID 0924-4000-03-1 Amount Due $ 18,642.95 Please Pay By Feb 22, 20t2 Inc Village Of Lynbrook Village CIk Po Box 7021 Lynbrook NY 11563-7021 I.,,ll.,.ll,l.l.ll..ll,l..iIIl.,,,I,t,,.ll.hl..ll,.llt H Please make your check payable to LIPA and mail this pa~t of the bill with your payment. Be sure that the address on the other side appears Tn the return envelope wfndow. Wdte your Customer ID on your check. 4~ Tear here ~ 24HoursfDay-TDays/Week 809E82 Monday - Friday, 8 AM - 8 PM outside toll fTee area 1~31-755~000' 1-800-490-0075 1-631 ~755-6660 1-631-755-6871 SERVICE TO: Inc Village Of Lychrook Street Light A Non-Profit Municipal Electric Ufili~y Bill Date Customer ID Payment Due Amount Due 01/30/2012 0924-4000-03-1 Feb 22,2012 $ 18,~42.95 BILLING SUMMARY Balance From Previous Bill $19,156.69 Payment(s) Received Through 0t/24/2012- Thank You! -19,156.69 LIPA Current Charges 18,642.95 Please Pay By 02-22-12 $18,642.95 A 1.5% late payment charge may be applied to outstanding charges if payment is not received by FEB 22 IMPORTANT MESSAGES The LI Power Authority certifies that this bill in the amount of $18,642.95 is true and correct. That the items, services, and disbursements charged were rendered to or for the municipality on the date stated and that no part has been paid or satisfied. That taxes, from which the municipality is exempt, am not included and that the amount claimed is actually due as of FEB 27 2012. Bill Date: 01/30~2012 Customer ID: 0924400003 ao~o4:~so~ Page 1 of 2 09244000031 Inc Village Of Lynbrook Village CIk Po Box 7021 Lynbrook NY 11563-7021 LIPA PO Bex 9039 Hicksville NY 11802-9039 09244Bn0031100205921616858¥1616858¥ $ 16,168.58 H ~-Tear here "4- Account ~ 13a-95-0616-01 LIPA - STREET LIGHT BILLING FEBRUARY BILLING I I I I DELIVERY AND SYSTEM CHARGES # Description 684 100W + 25W BALL. HPB(UG) 220 100W + 25W BALL. 4 150W + 38W HPS O.H. 250W + 38W FLOODLIGHT 123 250W + 38W HPS 361 250W + 38W HPS(U,G.) 7 400WMV + 55W BLST. 74 400WMV+ 55W BLST, (U,G.) Power Supply = 0.0829540 Total Power Supply =9,126.60 KWH 32,405 10,423 285 109 13,426 39,404 1,207 12,761 Total $ Amount 4,762.25 1,531.77 41 16.02 1,973.09 5,790.83 177.38 1,875.36 $16,168.58 ! I I I I I I ADDITIONAL INFORMA33ON FROM LIPA Bill Date: 02/28/2012 Customer ID: 0924400003 B0~037000 Page 2 of 2 Village of Lynbrook Street Lighting Bill Sample Post Retrofit LI ^ Inc Village Of Lynbrook Village C~k Po Box 7021 Lynbrook NY 11563-7021 Customer ID 0924-4000-03-1 Please pay upon receipt $ 18,111,77 Please make checks payable to LIPA H Mail this part of bill with your payment. Be sure that the address on the other side appears in the return envelope window. Wdte your Customer ID on your check. &-Tear here .-~ I I I I I I I I I I I I 24 Houm/Day- 7 Days/Week PIN Number 809E82 Billing/General thouides M~nEay - Friday, 8 AM - a PM 1-600~966-4818' eutside toll flee area 1-631~755-3417' *Automated Servfces avagable 24 H~urSlDay- ? DaystV~eek Elec~c Service Problems 24 Hour~Dey- ? Daya/*vVeek 1-800-490-0075 1-800~490-0085 Reaorl Theft of Service 1-631-755-6871 SERVICE TO: Inc Village Of Lynbrook Street Light LIr A Non-Profit Municipal EJectdc U~ili~y Bill Date Customer ID Payment Due Amount Due 07/30D012 0924-4000-03-1 Upon Receipt $ 18,111.77 BILLING SUMMARY Balance From Previous Bill $18,555.7'9 Payment(s) Received Through 07116/2012 - Th ank You! -9,718.07 LiPA Current Charges 9,274,05 Please Pay Upon Receipt $18,111.77 A 1.5% late payment charge may be applied to outstanding charges if payment is not received by AUG 22 IMPORTANT MESSAGES The LI Power Authority certifies that this bill in the amount of $9,274.05 is true end correct. That the items, services, and disbursements charged were rendered to or for the municipality on the date stated and that no part has been paid or satisfied. That taxes, from which the municlpal~b/is exempt, are not included and that the amount claimed is actually due as of AUG 27 2012. ~S~s Bill Date: 07/30/2012 Custoreer ID: 0924400003 ~0004420o Page 1 of 2 II 09244000031 Inc Village Of Lynbmok Po Bo)< 7021 Lynbrook NY 11563-7021 Please be sure t~e address to the right appeam in [he return envelope window. LIPA PO Box 688 Hicksville NY 11802-0888 0924400B031100221271811177V927405'2 $ 18,111.77 H &-Tear here 'l. Account # 130-95-0616-~J LIPA- STREET LIGHT BILLING JULY BILLING DELIVERY AND SYSTEM CHARGES # Description 684 100W + 25W BALL. HPS(UG) 250W + 38W FLOODLIGHT 95 250W+38WHPS 344 250W + 38W HPS(U.G.) 314 50WLEDOH 85 75WLEDOH 32 120W LED OH 17 120W LED UG Power Supply = 0.0730800 Total Power Supply = 4,863,70 23,769 80 7,606 27,542 4,239 1,721 1,037 551 TO~I SA mount 3,312.57 1%15 1,060.01 3,838.39 590.77 239.85 144.52 76.79 $ 9,274.05 ADDITIONAL INFORMATION FROM UPA Bill Date: 07/30/2012 Customer ID: 0924400003 eoo~oo Page 2 of 2 General Approach to Performance Contracting .......................................................................................... 1 Performance Contracting ......................................................................................................................... 3_ General Firm Overview ............................................................................................................................. 3 Town of Southold Project Team ............................................................................................................... 5 General Approach to Performance Contracting ..................................................................................... 3_1 Experience and Capabilities ........................................................................................................................ :13 Overview of Strengths ............................................................................................................................ :13 Project History within the last 5 Years ................................................................................................... 3.3 Project References .................................................................................................................................. 3.6 Financial Qualification and Stability of Firm .............................................................................................. 19 Financial Soundness ............................................................................................................................... :19 Industry Accreditations .............................................................................................................................. 23. NAESCO Accreditation ............................................................................................................................ 23_ Compliance with Regulations ..................................................................................................................... 25 General Scope of Services .......................................................................................................................... 26 Project Development and Implementation ............................................................................................ 26 Construction Issues ................................................................................................................................ 27 Core Performance Contracting Services ................................................................................................. 27 Performance Contracting Technical Approach .......................................................................................... 30 Financing Company .................................................................................................................................... 3:1 Management and Staffing .......................................................................................................................... 32 Management .......................................................................................................................................... 32 Coordination with the Town of Southold ............................................................................................... 33 Prime Contractor and Sub-Contractor Services ..................................................................................... 33 Personnel Information ............................................................................................................................ 35 Appendix ..................................................................................................................................................... 42 Johnson ~)~ Controls © 2012 Johnson Controls, Inc. Do not copy (physically, electronically, or in any other media) without the express written consent of Johnson Controls, Inc. © 2012 Johnson Controls, Inc. Do not copy (physically, electronically, or in any other media) without the express written consent of Johnson Controls, Inc. Johnson ~ Controls General Approach to Performance Contracting Performance Contracting Our performance contracting approach is comprehensive, identifying a variety of ways to achieve savings and operational efficiencies. You then select which ones best suit your organization based on your criteria such as payback or criticality. Johnson Controls will work with you to identify the types and amount of savings that can be guaranteed. Set goals and analyze buildings and infrastructure to establish the project. Your facilities are audited. The detailed audit identifies opportunities to improve the energy efficiency of building envelopes (such as leaky windows, doors and wall seams), lighting, heating, air conditioning, ventilation systems and other systems. Johnson Controls can also identify potential infrastructure improvements, such as water meter replacement or traffic light upgrades. A technical review confirms the ability to create benefits such as energy savings or improved accuracy. Develop an improvement plan based on projected energy and operational savings. Following the technical review, a performance contract is drawn up. The contract specifies the scope of the energy efficiency improvements to be made, associated costs, estimated energy and other savings, grants available for project funding and the resulting cost savings. Some or all of these cost savings can be measured and guaranteed, depending on the situation. The savings are used to offset the cost of implementing the new, higher energy-efficient facility or infrastructure improvement measures, or even the construction of an on-site renewable energy project. In some cases, public sector organizations may be required to own new equipment and facilities, in which case a traditional loan or lease-to-own funding can be obtained from a financial institution. Expected Results Energy and Water Savings Reduced GHG Emissions Lower Operating Costs Improved Infrastructure- Support Systems 1 © 20~.2 Johnson Controls, Inc. Do not copy (physically, electronically, or in any other media) without the express written consent of Johnson Controls, Inc, Implement and monitor initiatives to achieve savings. Using our own technicians and local subcontractors that meet our rigorous standards, Johnson Controls sets out to deliver the project's objectives, following specific measures to achieve savings and providing a detailed payback analysis, A Performance Assurance Engineer is assigned direct responsibility for accountability to the customer and to provide effective communications. Measure, verify and report progress--making any adjustments necessary to meet the guarantee. When the construction phase is completed, all new equipment must be properly operated and maintained over the course of the contract - which can run up to 20 years - to achieve the projected savings. 8ome projects may qualify for the Johnson Controls Facility Performance Indexing Service, an automated measurement and verification tool that provides real-time equipment monitoring and optimization. Periodic reports from the Johnson Controls Performance Assurance staff are furnished throughout the performance period to validate whether the project's savings expeotations are being met. Before During After Performance Contracting Your Savings Payment for Efficiency Upgrades ~Your Utility Bill 2 ID 202~2 Johnson Controls, Inc. DO not copy (physically, electronically, or in any other media) without heexpresswritten consent of Johnson ControJs, inc. johnson Controls General Firm Overview Johnson Controls, Inc. is a global leader in building efficiency, automotive experience and power solutions. Our company's origins go back to 1885, when Warren S. Johnson, a professor at the State Normal School in Whitewater, Wisconsin, received a patent for the first electric room thermostat. His invention launched the building control industry and was the impetus for a new company. Professor Johnson and a group of Milwaukee investors incorporated the Johnson Electric Service Company in 1900 to manufacture, install, and service automatic temperature regulation systems for buildings. The company was renamed Johnson Controls in 1974. In the past 127 years, Johnson Controls has grown into a global diversified technology and industrial leader serving customers in more than 150 countries. Our 162,000 employees create quality products, services and solutions to optimize the energy and operational efficiencies of buildings, lead-acid automotive batteries, advanced batteries for hybrid and electric vehicles, and interior systems for automobiles. Structure and Evolution of Offeror Johnson Controls is a publicly-owned company (NYSE: JCl)founded in 1885 and is headquartered in Milwaukee, Wisconsin. Its sales for fiscal year 2011 totaled $40.8 billion. In 2011, Corporate ResPonsibility Magazine recognized Johnson Controls as the #1 company in its annual "100 Best Corporate Citizens" list. Since the mid-1980s, Johnson Controls has managed more than 100 Best 2,700 Performance Contracting (PC) projects throughout the United States. We currently have over 723 active PC projects with over $5.4 billion in total savings guarantees. For additional information, please visit www.johnsoncontrols.com. Company Principal Officers: Principal Address: 5757 N. Green Bay Avenue P.O. Box 591 Milwaukee, Wisconsin 53201-0591 (414) 524-1200 (414) 524-2007 Stephen A. Roell, President and Chief Executive Officer R. Bruce McDonald, Chief Financial Officer and Executive Vice President Jerome D. Okarma, Vice President, Secretary and General Counsel Contact Information and Address: Thomas J. Burke Local Government Account Executive 6 Aerial Way Syosset, NY 11791 Cell (631) 241-4347 Johnson ~ Controls 3 © 2012 Johnson Controls, Inc. Do not copy (physically, electronically, or in any other media) without the express written consent of Johnson Controls, Inc, Experience of Firm Since the mid-1980s, Johnson Controls has managed more than 2,700 Performance Contracting (PO) projects throughout the United States. We currently have over 723 active PC projects with over $5.4 billion in total savings guarantees. For additional information, please visit www.johnsoncontrols.com. As a result of the strength of local teams across North America, Johnson Controls has grown to become the largest and most established Energy Services Company (ESCO) in North America with 18.2% of the performance contracting market share. McKins Energy Group, 3.2% Others*, 2.3% Noresco, Schneider / TAC 4.2% *AECOM, Burns McDonnell, Con-Ed, Custom Energy, Onsite Energy, Pepco. etc. Source: Verify Markets Johnson Controls continues to initiate efforts to bring innovations in energy efficiency into the marketplace. We have a long standing commitment to improving the indoor and outdoor environment, which has led us to assume active roles in a number of environmental groups, associations, and government-sponsored programs in which there is a sharing and learning of new and innovative ideas. I I 4 © 2o12 Johnson ControIs, inc. Do not copy (physica]ty, electronically, or in any other media) without the express written consent of Johnso~l Controls, Inc, I Controls The table below outlines the volume of our active performance contracting business among each market we serve. Volume of Active PC Business per Market Market Guarantees Number of Projects Federal Government $1,385,680,397 69 K-12 Schools $1,375,249,224 256 Higher Education $939,109,029 95 Local Government $814,832,574 192 State Government $490,179,374 32 Healthcare $359,869,659 60 Public Housing $63,366,860 9 Private Sector $23,898,335 10 TOTAL $5,452,185,452 723 Town of Southold Project Team The Johnson Controls has 730 current active performance contracts and 4,392 employees in the State of New York and has assigned a team of focused, talented, high-performance individuals representing their respective expertise. Each of the individuals chosen for this performance-based contract will make specific contributions to the success of the Town of Southold's project. Johnson Controls 5 © 2012 Johnson Controls, Inc. Do not copy (physically, electronically, or in any other media) without the express written consent of Johnson Controls, Inc. Assignment of Responsibility The Performance Contracting (PC) team for this project is broken down into specific areas of expertise. Each team member is committed to the success of the performance-based project, and we view these individuals as valued contributors to the overall success of project. Contact information for our corporate representatives and the lead people for the various aspects of the project are identified in the following table. Area General Management Eugene Dassing Area GM Energy Solutions 6A Aerial Way Syosset NY11791 (201) 615-5785 Overall project Management Thomas Burke Account Exec. Local Gov, 6A Aerial Way Syosset NY11791 (631) 241-4347 Overall Project Development Measurement & Verification Naimath Mohammed Performance Assurance Engineer 6A Aerial Way Syosset NY11791 914-593-5232 Ken Petersen Engineering Manager 6A Aedal Way Syosset NY11791 (201) 994-6948 John Ferretti Solutions Installation Manager 6A Aerial Way Syosset NY11791-5502 (516) 382-0836 Minority Partners Diversity business development is the set of commercial and purchasing processes that incorporate diverse-owned businesses as elements of our product and service offerings. It is a strategic business imperative that supports our mission to exceed customers' increasing expectations. As such, goal attainment and progress is reviewed and communicated throughout the organization on a monthly basis. We understand that diversity business development is a team effort and requires the support of each Johnson Controls office, facility and account. Execution/Accountability Johnson Controls has a diversity business initiative that is directed by senior management and is integrated into our corporate strategy. A diverse business is defined as a company that is at least 51 percent owned, managed and controlled by one or more minority persons, or non- minority women, or a small business that conforms to guidelines established by the United States Small Business Administration, or a historically underutilized business based on local 6 © 2012 Johnson Controls, Inc. DO not copy (physically, electronically, or in an'/other media) without the express written consent of Johnson Controls, Inc. ! I I I I ! ! I ! I m m I I I m I ! I country definitions. We do business with more than 340 diverse suppliers, representing more than 50 product and service categories. Since 2003, Johnson Controls has been a member of the elite Billion Dollar Roundtable, an organization, established in 2001, which is comprised of only 17 U.S. corporations that spend more than $1 billion annually with minority- and women-owned businesses. The BDR's mission is to drive supplier diversity excellence through best practice sharing and thought leadership. In addition to Johnson Controls, BDR membership includes the following companies: AT&T, Avis Budget Group, Inc., The Boeing Company, Chrysler Group LLC., Dell, Inc., Ford Motor Corp., General Motors Corporation, Honda North America, IBM Corporation, The Kroger Co., Lockheed Martin Corp., Microsoft, Procter and Gamble Co., Toyota Motor North America, Inc., Verizon Communications, Inc. and Wal-Mart Stores, Inc. Spending With Diverse Suppliers Approximately 7% of Johnson Controls' outside purchases are made with diverse suppliers and contractors. Minority purchases make up approximately 80% of spending, with the remaining external purchases from woman-owned firms and firms designated by government agencies as small or disadvantaged businesses. The chart below provides an historical view of our diverse business spend in recent years. $2,000 $1,500 $1,000 $500 $0 Divemity Spend ($ millions) 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Green Buildings Pioneer As a charter member of the U.S. Green Building Council's board, Johnson Controls helped develop the LEED (Leadership in Energy and Environmental Design) Green Building Rating System. This rating system provides standards and recognition for designing, constructing and operating sustainable, high-performance facilities. With nearly 600 staff members who are well- trained, LEED Accredited Professionals, we are able to help customers navigate the LEED rating system and certification process for both new and existing buildings. We welcome the opportunity to help your organization attain LEED certification for existing campus facilities. Johnson Controls has been named the EPA's Energy Star Partner of the Year in 2010 for our leadership role in helping customers PARTNER OF THE YEAR © 203.2 Johnson Controls, Inc. Do not copy (physically, electronically, or in any other media) without the express written consent of Johnson Controls, Inc. earn the prestigious Energy Star label for buildings through our energy efficiency efforts. In 2010, Johnson Controls benchmarked 1,550 of our customers' buildings, and 40 received the Energy Star Label, including two of our own branch offices. We have been a strong Energy Star participant for more than a decade. In fact, Johnson Controls received the first EPA Energy Star Ally of the Year honor back in 1999. Renewable Ener§y Leader Whereas renewable energy may be a new focus for some companies, Johnson Controls is a renewable solutions leader with a senior team of experts helping to design and implement solar, wind, geothermal, biomass and other fossil fuel alternatives. In fact, we have been involved in more than 500 renewable energy projects to date. We also have been in the forefront of offering carbon footprint management and reporting services to help organizations of all sizes achieve their environmental sustainability objectives. Environmental Recognition Johnson Controls has earned the No. 14 spot in Newsweek magazine's Greenest Big Companies in America. Each company was given a Green Score, which is calculated using three component scores: Environmental Impact, Green Policies and Reputation. Johnson Controls' Green Score was 90.94 out of 100. According to the magazine's website, the goal of its Green Rankings "was to cut through the green chatter and quantify the actual environmental footprints, policies and reputations of these big -- 2010 -- businesses... Most green lists are anecdotaI--Newsweek's is the result of a comprehensive, year-long database research project supported by three leading research firms and an advisory panel of experts." Since the foundation of our company in 1885 with the invention of the electric room thermostat, we have considered ourselves stewards of the environment. Since that time, the tenets of sustainability have been woven throughout the fabric of our organization and have been inextricably imbedded into our ethics policy, which each employee must commit to on an annual basis. Accepting and living by them are conditions of employment. We focus on our own environmental performance with the same discipline that we apply to working with our customers. We continue to review our operations and supply chain to identify continuous improvement opportunities to make products in more earth-friendly ways. 8 © 2012 Johnson Controls, Inc. Do not copy (physically, electronically, or in any other media) without the express written consent of Johnson Controls, Inc. Johnson ~j~ Controls I I I I I I I I I I I I I I I I I I I I I I I I I I I Social Responsibility dohnson Oontrols has earned recognition by Sustainability Asset Management (SAM) for its 2010 Gold Glass. 8AM is an investment group focused exclusively on Sustainability Investing. ass Johnson Controls' social responsibility programs demonstrate our commitment to the highest standards of performance, teamwork, inclusion, leadership and growth. Our global philanthropic efforts address environmental, social and educational needs. We support our employees in volunteering around the world and value the important contribution they make to their communities. Johnson Controls' community programs are focused on supporting education, the environment, leadership development and social services. Our charitable giving addresses local community needs through financial grants and global employee volunteer programs. We contributed over $10 million this past year to communities where our employees live and work. Our global volunteer program, Blue Sky Involve, encourages employees to form volunteer groups that work with local organizations to suppod environmental stewardship and leadership development projects. Our employees were involved in more than 650 projects globally this past year. Blue,Sky &%lnvo,ve Johnson Controls is listed on the following sustainability indexes: · Carbon Disclosure Leadership Index · Dow Jones SustainabilityWorld Index · Dow Jones Sustainability North America Index · FTSE4Good Index Services KLD Global Climate 100 Index · Calvert Social Index Domini 400 Social Index Johnson Controls has recently accepted an invitation to join the Pew Center's Business Environmental Leadership Council (BELC). We are one of just 44 companies invited to join this organization, which focuses on the development of climate change strategies. These companies are leaders in taking action to reduce carbon emissions. PEW CENTER IUUCII CH,~N G. E Johnson Controls 9 © 2012 Johnson Controls, Inc. Do not copy (physically, electronically, or in any other media) without the express written consent of Johnson Controls, Inc. Purchasing Power and Vendor Neutrality Each year, Johnson Controls purchases over $6 billion in goods and services externally. As a Fortune 100 company, we leverage the more than 400 purchasing partners we have formed business relationships with around the world through our central purchasing team. Additionally, we have numerous long-term business relationships with local and regional partners that we leverage to further decrease project costs and keep us competitively priced in the marketplace. Although we can deliver economies of scale that few companies can match, we understand that our customers may prefer doing business with local suppliers or choose HVAC equipment from our competitors. Our stated policy is to remain vendor neutral when it comes to product selection. All options and prices will be communicated long before equipment is selected for a project, and the customer will make final equipment decisions. lO © 2012 Johnson Controls, Inc. Do not copy (physically, electronically, or in any other media) without the express written consent of Johnson Controls, Inc, I I I I I I I I I I I I I I I I I I I General Approach to Performance Contracting Johnson Controls has an unparalleled record in delivering successful guaranteed energy savings programs to all types of facilities. In addition to the projects contained in this section, Johnson Controls' experience includes the successful delivery of over 2,700 PC projects throughout the United States--all with honored guarantees. We currently have 730 active projects, reflecting $5.4 billion in performance contracting guarantees in: · Performing over 15,000 energy audits; · Calculating more than 13,000 baselines; and · Designing, installing, and maintaining over 15,000 mechanical systems, over 15,000 electrical systems, and over 13,000 natural gas heating and cooling systems. Johnson Controls is committed to energy efficiency and is proud of its leadership rote. We are confident that no other company can match our record in developing and implementing successful guaranteed energy performance projects. Summary of Performance Contracting The following graph shows the volume of performance contracting done by Johnson Controls over the last 10 years. Johnson Controls' Performance Contracting Volume by Year (Millions) $529 $556 $391 $398 $365 $405 $803 $684 $947 $883 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 We are committed to energy efficiency and Johnson Controls is proud of its leadership role. We are confident that no other company can match our record in developing and implementing successful guaranteed energy performance projects. 11 © 203.2 Johnson Controls, Inc, Do not copy (physically, erectronically, or in any other media) without the express written consent of Johnson Controls, Inc, Typical Phases and Support 12 © 2012 Johnson Controls, Inc. Do not copy (physically, electronically, or in any other media) without the express written consent of Johnson Controls, Inc. Johnson ~)j~ Controls Experience and Capabilities Overview of Strengths Johnson Controls has an unparalleled record in delivering successful guaranteed energy savings programs to a variety of customers, in particular to public sector customers. Our experience includes the successful delivery of 2,700 performance contracting projects throughout the United States--all with honored guarantees. Johnson Controls currently has more than 730 active performance contracts, reflecting over $5 billion in guarantees in force. Johnson Controls' Performance Contracting Volume by Year (Millions) $391 $398 $365 $405 $803 $529 $556 $684 $947 $883 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 The chart above shows the total value of the performance contracting projects implemented company-wide throughout North America within the past five years. On the following pages, we have listed a representative sample of the performance contracts implemented within the past five years with various public sector clients. Please note that our full customer list from the past five years includes hundreds of clients, including Townand county government agencies, public universities and school districts, state correctional facilities and other state agencies, and cannot be included here due to the volume of information and confidentiality concerns. Project History within the last 5 Years Backriver Wastewater Treatment Plant Prince George's County Gov't Townof Tulare St. John's County Johnson Controls Baltimore, MD Baltimore, MD I Tulare, CA I St. Augustine, FL $33,587,332 13,184,770 $11,013,693 $8,203,385 2OO6 2008 2008 2006 13 © 2012 Johnson Controls, Inc. DO not copy (physically, electronically, or tn any other media) without the express written consent of Johnson Controls, Inc. Townof Compton Town of Hempstead Phase 1 Village of Lynbrook Tompkins County Townof Harrodsburg Townof Reedley Townof Aurora Phase 1 Townof Littleton Townof Saratoga Springs Townof Ithaca Townof Rome Compton, CA Hempstead, NY Lynbrook, NY ithaca, NY Harrodsburg, KY Reedley, CA Aurora, CO Littleton, CO Saratoga Springs, NY Ithaca, NY $5,914,667 $5,000,000 $3,253,000 $4,154,366 $3,623,000 $1,050,858 $975,000 $175,000 $2,500,000 $4,680,854 $6,500,000 2OO8 2012 2011 2005 2O07 2008 2007 2007 2009 2009 2009 Administrative PJKK Federal Building GSA - Long Beach and Santa Ana Wainwright & Truman State Office Buildings, MO Correctional Facilities Virginia Department of Corrections Indiana Department of Correction Pennsylvania Department of Corrections-Laurel Highlands Arizona Bureau of Prisons State of Missouri Department of Corrections Pennsylvania Department of Corrections - Cresson Tennessee Department of Corrections - Northwest Correctional Complex. River Bend, Woodland Hills Honolulu, HI Long Beach/Santa Ana, CA Jefferson Townand St. Louis, MO Multiple Sites, VA Indianapolis, IN Somerset, PA Multiple Sites, AZ Multiple Sites, MO Cresson, PA Multiple Sites, TN $12,915,952 $8,113, 645 $5,200,000 Phase 1: $13,381,629 Phase 2:$17,198,333 Phase 3:$25,410,205 Phase 1:$37,959,282 Phase 2:$13,824,869 $44,169,443 $17,005,418 $17,100,000 $14,713,040 $2,500,000 20O9 2008 2OO6 2OO7 2008 In progress 2006-2007 2008 20O7 Construction 2008 2006 2008 14 © 2012 Johnson Controls, Inc, Do not copy (physically, electronically, or in any other media) without the express written consent of Johnson Controls, Inc, Johnson Controls Military Aberdeen Proving Ground Joint Forces Training Base, Los Alamitos, CA Pioneers Memorial Healthcare Tuomey Healthcare System Phase Oklahoma State University Vir¢ State University Southold TownSchools Buffalo TownSchools Mt Diablo Unified School District Southold Schools North Brunswick Board of Education Lackawanna Municipal Housing Authority Housing Authority of the County of Chester Helena Housing Authority South St. Paul Housing and Redevelopment Authority - Phase 2 Grand Junction Housing Authority Toronto Community Housing (second largest PHA in North America) Port Huron Housing Commission Johnson , Controls Aberdeen, MD ; Los Alamitos, CA Phase 1:$35,548,870 Phase 2:$18,764,317 Phase 3:$61,824,364 $8,221,945 2007- 2008 2006 ! Brawley, CA i Sumter, SC $2,813,505 $759,225 2OO8 2006 Stillwater. OK i Petersburg, VA $9,100,000 $7,817,821 2OO7 2006 Southold, NY Buffalo, NY Concord, CA Southold, NY North Brunswick, NJ $8,000,000 Phase 1 :$10,065,884.00 Phase 2:$19,783,927.00 Phase 3:$10,972,384.00 Phase t: $6,495,140 Phase 2:$6,313,999 $1,500,000 $1,399,706 2010 2005- 2008 2008- 2009 2010 2006 Lackawanna, NY West Chester, PA Helena, MT , South St. Paul, MN Grand Junction, CO Toronto, Ontario Canada Port Huron, MI $6,400,000 2008 $3,070,000 2008 $2,475,848 2008 $1,400,000 2009 $372,000 2008 Performing Comprehensive Energy Audit Performing Comprehensive 15 © 2022 Johnson Controls, Inc. Do not copy (physically, electronically, or in any other media) without the express written consent of Johnson Controls, Inc. Tampa Housing Authority Fort Pierce Housing Authority Housing Authority of the County of San Bernardino Tampa, FL Fort Pierce, FL San Bernardino, CA Energy Audit Providing performance contract consulting services Providing performance contract consulting services Providing performance contract consulting services Project References Project Type Project $ Amount Funding Implementation Dates List of Improvements Project Performance Project Personnel Southold Schools Southold, NY Dah Tuthill, Facilities Manager 631-765-5400 Performance Contract Guaranteed Savings $1,540,495 Muni Lease September 2011 Lighting, Controls, Windows, Insulation, Water Conservation, Building Envelope, Solar, Wind $ 94,289 of Energy Savings Luis Taveres, Tom Lanzilotta, Rob Rolston 16 © 20~2 Johnson Controls, Inc. Do not copy (physically, electronically, or ~n any other media) without the express written consent of Johnson Controls, Inc. Johnson Controls Project Type Project $ Amount Funding Implementation Dates List of Improvements Project Performance Project Personnel Comments ontro s Village of Lynnbrook Mr. Phil Healey Superintendent of Department of Public Works Cell: 516-398-6277 Office:516-599-8834 Email: pheley@lynbrookvillage.com Performance Contract Guaranteed Savings $3,253,0O0 Muni Lease 2011 · Indoorlighting retrofits · Street Lights Solar Photovoltaic New boilers and HVAC retrofits · Solar HotWater Heater · Building envelope improvements · Garage Boor Controls Guaranteed Year s 15:$4,782,370 Thomas J Burke, Syosset, NY Ted Majia, Syosset, NY Praveen Mathews, Syosset, NY Naimathullah Mohammed · The first street lighting Performance Contract project with LIPA bills reconciliation and guaranteed energy savings in Long Island, NY. 17 © 20~.2 Johnson Controls, Inc. DO not copy (physically, electronically, or in any other media) without the express written consent of Johnson Controls, Inc. Project Type Project Size Project $ Amount Imp/ementation Dates Project Performance Project Personnel El Paso Streetlights El Paso, TX Performance Contract Guaranteed Savings 7300 Street Lights $7,500,000 2011 Savings Guaranteed Year 1:$830,000 Harry Romine Kylon Waterbury David Hunter Yusuf Farran 3_8 © 20Z2 Johnson Controls, Inc. Do not copy (physically, electronically, or in any other media) without the express written consent of Johnson Controls, Inc. Johnson Controls Financial Qualification and Stability of Firm Financial Soundness Johnson Controls financial stability is paramount when you consider that performance contractshave guarantees that often last 10 years or more. We are a Fortune 100 corporation with annual revenue exceeding $40.8 Billion. The day-to-day commitment of over 162,000 employees worldwide to exceeding customer satisfaction has contributed to our consistent growth and financial success. One example of this dedication is the fact that we have paid consecutive dividends to our investors since 1887. We are honored to be recognized by Institutional Investormagazine as one of America's top companies for Best Investor Relations and as a "Shareholder-Friendly" company in 2010. $20.1 $22.6 Johnson Controls' Revenue ($ billions) $32.2 $38.1 $34.6 $34.3 $26.6 $27.5 $28.5 $40.8 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Please refer to the Appendix section for Johnson Controls most recent annual business and sustainability report and Form 10-K for fiscal year 2011. Johnson Controls x*,as recogmzed Dy/nst/tut/onal/nvestom~agaz:ne as one of America's top compames for Best Investor Relations and as a "Shareholder-Friendly" company in 2010. %flm.s/ilt /ioflal esu)r Our strong financial position shifts proiect risk from the Town of Southold to Johnson Controls through a 100% project savings guarantee Johnson ¢)Z[~i' Controls 19 © 20~.2 Johnson Controls, Inc. DO not copy (physically, electronically, or in any other media) without the express written consent of Johnson Controls, inc. Shortfall Savings Guarantee Past results and the manner that your selected ESCO addresses their guarantee should be critical to your selection process. When partnering with Johnson Controls, you can be assured that we will be in this business long beyond your guarantee period. We hold the largest market share in the industry, but we are also the only ESCO that has worked consistently in this business since the industry's beginning. Even some of the larger ESCOs have varied their focus on performance contracting depending on the marketplace when a company is being acquired by another entity. Johnson Controls has continuously invested in the solutions operations to bring our customers the most comprehensive guaranteed solution to the table. To date, our performance has been outstanding. Shortfall checks totaling less than one percent of the guarantees written have been issued to customers where savings did not meet expectations. Overall, our performance contracting customers are realizing energy savings that exceed projections by 15 to 20%. Bonding Company: Liberty Mutual Surety Wisconsin 2815 Forbs. Ave, Suite 102 Suite 100 Hoffman Estates, IL 60192 53226 Bond CapaTown: $100 Million Single $500 Million aggregate milwaukeebonds@hayscompanies.com Bonding Broker: Hays Companies of 1200 N Mayfair Road, Milwaukee, WI Attn: Cathy Hutson phone: 414.290.3583 fax: 414.259.8414 email: Bond Rating: BBB+ (long-term); A2 (short-term) 2o © 20:12 Johnson Controls, Inc, Do not copy (physically, electronically, or in any other media) without the express written consent of Johnson Controls, Inc. Last fiscal year, our payout for shortfalls was less than 078% of total guaranteed This overall ~umber illustrates our high-level of performance: however, when there is the rare case in which savings doesnt match our estimates: we honor our guarantee and cut you a check for the difference. Johnson Controls Industry Accreditations NAESCO Accreditation Johnson Controls has earned the highest accreditation of the National Association of Energy Services Companies (NAESCO), which is Energy Service Provider (ESP).NAESCO is a national trade association that has been promoting the benefits of the widespread use of energy efficiency for more than 20 years. The significance of the NAESCO accreditation lies in the high level of expertise required to obtain it. Applications are reviewed by a committee of industry experts who are unaffiliated with any ESCO or other company under consideration for accreditation, and applicants undergo a rigorous examination of their core competencies and business practices. The review committee also consults with ,~ ~ .......... ~!~ selected customer references Evaluation criteria include: the precise nature of the applicant's business; the range of measures and services offered to customers; the availability of a performance-based project approach; ethical business practice commitment; project engineering and design, financing, project management, operations, and maintenance capabilities; and the capability of verifying and monitoring energy cost savings. Johnson Controls, Inc. is legally qualified to do business in all states in the U.S., Canada, and numerous foreign countries. The Company holds all necessary licenses and registrations to conduct its business. We operate in 50 States and have 500 global branch offices serving over 150 countries. Johnson Controls Vendor Responsibility Questionnaire has been filed electronically using the New York State VendRep System, the company is currently active - certified. Johnson Controls 21 © 20t2 Johnson Controls, Inc. Do not copy (physically, electronically, or in any other media) without the express written consent of Johnson Controls, Inc. Johnson Controls has performed work in the state of New York since 1886 and currently has over 912 full time employees and 33 locations. Following is our Certificate of Authority to do business in New York State. Additional Memberships · Active Member National Association of Energy Service Companies (NAESCO) Member of Board of Directors · Active Member American Society of Heating, Refrigeration, and Air-Conditioning Engineers (ASHRAE) Active Member of Energy Services Coalition (ESC) Member of Board of Directors ,,~ ~, Johnson Controls members active in 20 states ~- National Association of State Energy Officials (NASEO) NASEO members include government energy officials from forty-nine states as well as representatives from private companies, consumer groups and energy suppliers. 22 © 2012 Johnson Controls, Inc. Do not copy (physically, electronically, or in any other media) without the express written consent of Johnson Controls, Inc, Johnson , Controls I I I I I I I I I I I I I I I I I I I NASEO promotes energy efficiency and tracks actions taken by Congress and the White House Administration. Active Member International Facilities Management Association (IFMA) Edison Electric Institute (EEl) - EEl is an association of investor-owned electric utilities providing the public with information relating to electric energy. It also advocates public policies that foster an adequate, reliable, secure and economical supply of electriTownthroughout the United States. Illuminating Engineering Society (lES): - This organization is dedicated to the use of proper lighting principles that address both qualitative and quantitative issues. Johnson Controls is a sustaining member of lES and is active in local chapters. National Association of Lighting Management Companies (NALMCO): - Johnson Controls, Inc. is a general member of this organization, which is comprised of companies focused on delivering professional lighting services. Association of Physical Plant Administrators (APPA): Johnson Controls is a long-standing active APPA member and education partner. The company's major APPA activities include: national, regional and local conventions in forty locations; program and event sponsorships; and providing speakers and/or facilitators for business-education forums and workshops. Johnson Controls, Inc. also sponsors engineering co-op and internship programs, and joint product research projects. Active Member Active Member Active Member Active Member Active Member Active Member Active Member Active Member Active Member American Society of Civil Engineers (ASCE) American Society of Safety Engineers (ASSE) Building Office Management Association (BOMA) American Institute of Architects (AIA) Institute of Electrical and Electronic Engineers National Institute for Uniform Licensing of Power Engineers (NIULPE) American Water Works Association Water Environment Federation (WEF) U.S. Green Building Council Johnson ¢)~' Controls 23 © 2012 Johnson Controls, Inc. Do not copy {physically, electronically, or ~n any other media) without the express written consent of Johnson Controls, Inc. A national coalition representing all sectors of the building industry (architects, environmental groups, engineers, utilities, product manufacturers, universities, building owners, and Federal, State, Local Government) - Promote the design, construction and operation of environmentally responsible, profitable, healthy places to live and work - Launched LEED in 2000, the most complete rating ~b"~, .~.~,.'_,.~ ~ system for green buildings - Piloting LEED for Existing Buildings 2002 Active Member Association of Energy Engineers (AEE) Active Member Rebuild America Active Member Global Environmental Management Initiative (GEMI) - Non-profit organization of leading companies dedicated to fostering environmental, health and safety excellence worldwide through the sharing of tools and information in order for business to help business achieve environmental excellence. Energy Efficiency Forum - Founder and Host - 400 industry executives, government officials and news media - National dialog on energy, economy and the environment held in Washington, D.C. 16th Forum in June 2005 . Sponsored by the USEA and Johnson Controls Active Member National Minority Supplier Development Council · Active Member National Association of Minority Contractors · National Summit on Building Performance 250 top corporate, government and institutional executives in real estate, architects facility managers - Focus on high performance, sustainable buildings and related issues - Sponsors have included AIA, IFMA. NACORE and Johnson Controls 24 © 2012 Johnson Controls, Inc. Do not copy (physically, electronically, or in any other media) without the express written consent of Johnson Controls, Inc. Compliance with Regulations Johnson Controls affirms that it is independent of the Town of Southold and has no knowledge of any conflicts of interest of personnel either directly or indirectly with sub-consultants or sub- contractors and the Town of Southold and will comply with the requisite regulations. Johnson Controls 25 © 2012 tohnson Controls, [nc. Do not copy (physically, electronically, or in any other media) without the express written consent of Johnson Controls, Inc. General Scope of Services Johnson Controls' capabilities have been demonstrated through more than 2,700 performance contracts since this became an official line of business in 1983. We have a current portfolio of 730 projects, with outstanding guarantees of $5 billion for our customers. Johnson Controls will provide turnkey design, price, acquisition, and installation of streetlights. Johnson Controls will conduct a field survey prior to any guarantee to match field count, type wattage, type of fixture and match fixture solution to existing LIPA database. Johnson Controls will verify pre and post conditions on the existing street lights inspecting the existing lamp wattage, working versus non-working, pole spacing and whether a pole is listing and the condition of the light to be used for back lighting purposes. The performance of the new LED street light will be at 105% of preexisting conditions as measured and entered into the database. The GPS coordinates will be verified and data matched against the LIPA billing database. A reconciliation of existing fixture wattage and the new LED fixture wattage will be entered as the field work is being completed. The "health" of the streetlight pole will be verified including: fixture arm, wiring, fusing, conduit, and compliance to the NEC electrical code. Johnson Controls will need to know about any problematic street that has been identified by either the police, residents, LIPA or the Town of Southold to have a history of "outages or calls" ahead of the construction and work with the Town to address otherwise Johnson Controls will assume no responsibility for performance. In addition to annual performance reports, Johnson Controls will provide the Town with a final report comparing baseline totals with guaranteed totals to show the project's impact in its entirety. See Appendix for LM-79 and LM-80 test reports and results for each proposed lamp type and street light module package. Project Development and Implementation Investment Grade Energy Audits An Investment Grade Energy Audit typically takes up to 60 days to complete, depending upon the size of the project and the technical details being investigated. Any guarantee of savings must be based upon specific measured engineering data. During the Investment Grade Audit, light levels are taken, photometric analyses are performed and kW ratings are determined. These and other measured values are essential in determining if the estimated savings are achievable. 26 © 2012 Johnson Controls, Inc. Do not copy (physically, electronically, or in any other media) without the express written consent of Johnson Controls, Inc. Johnson ~!.' Controls Johnson Controls' proprietary software programs for project development will allow the Town of Southold to determine the scope of the conservation project. It is our belief that it is equally important to identify what is not cost effective as well as what is cost effective. The Town of Southold is not locked into the result of the detailed study as a "take it or leave it" package. The Town has the opportunity to accept or reject segments of the audit. Johnson Controls will work closely with the Town to develop the most beneficial project possible. Johnson Controls will prepare an audit that will assist with the long-term street lighting planning for the Town. Before the street lighting project is implemented, the proposed street lighting fixtures will be installed for mock-up purposes to demonstrate the improved visual acuity and lighting quality. After approval of the proposed lighting fixtures, Johnson Controls will implement the town-wide street light replacement project. Energy savings will be achieved through reduced kilo-watt hour electric consumption. In order for ultimate savings to be realized, Johnson Controls will work with LIPA to modify the Town of Southold's existing consumption. Project Management Construction Issues Once a detailed energy audit is completed, Johnson Controls will be better able to determine the potential issues, problems and risks associated with this project. With the experience Johnson Controls has had with previous street lighting jobs, we do not currently foresee issues that we cannot overcome that will prevent the Town from achieving the savings put forth in this proposal. Monitoring Energy Use Our dedicated Performance Assurance Engineer (PAE) is responsible for the LIPA bill change out for the Town's street lights. The PAE will work with the Town's administrative staff to anticipate energy related budget impacts of any future changes in operations resulting from added equipment. The PAE will work closely with the Town to ensure Johnson Controls meets our long-term obligations. Core Performance Contracting Services Performance Guarantee Johnson Oontrols' capabilities have been demonstrated through more than 2,700 performance contracts since this became an official line of business in 1983. We have a current portfolio of Johnson Controls 27 © 2012 Johnson Controls, Inc. DO not copy (physically, electronically, or in any other media) without the express written consent of Johnson Controls, Inc. 730 projects, with outstanding guarantees of $5 billion for our customers. Johnson Controls will provide turnkey design, price, acquisition, and installation of streetlights. Johnson Controls will verify pre and post conditions on the existing street lights inspection survey of existing lamp wattage, working versus non-working, pole spacing and whether a pole is listing and the condition of the light to be used for back lighting purposes. The performance of the new LED street light will be at 105% of preexisting conditions as measured and entered into the database. A reconciliation of existing fixture wattage and the new LED fixture wattage will be entered as the field work is being completed. The "health" of the streetlight pole will be verified including: fixture arm, wiring, fusing, conduit, and compliance to the NEC electrical code. Johnson Controls will need to know about any problematic street that has been identified by either the police, residents, LIPA or the Town of Southold to have a history of "outages or calls" ahead of the construction and work with the Town to address otherwise Johnson Controls will assume no responsibility for performance. In addition to annual performance reports, Johnson Controls will provide the Town with a final repot[ comparing baseline totals with guaranteed totals to show the project's impact in its entirety. See Appendix for LM-79 and LM-80 test reports and results for each proposed lamp type and street light module package. Equipment Warranties The street light project includes a :tO-year manufacturer's warranty on fixtures and a first year warranty on labor. The warranty is to commence upon installation of fixture. Measurement and Verification of Savings During the Installation period, a JCl Performance Engineer will work with the Customer to report the Street Lighting change out on a weekly/Bi-weekly/Monthly basis to the Utility Provider (LIPA). During the installation period, a JCl Performance Engineer will track the Street Lighting billing change out on a monthly basis and provide a report to the Customer. Construction Period savings will commence on the first day of the new fixture installation and Within 90 days of substantial completion of the project, a JCl Performance Engineer will report construction savings achieved during the installation period of the contract. Within 90 days of the completion of twelve month of guaranteed savings period, a JCl Performance Engineer will provide a detail report of the Measured, Non-Measured and O&M Utility Cost avoidance to the Customer. 28 © 2012 Johnson Controls, Inc. Do not copy {physically, electronically, or in any other media) without the express written consent of Johnson Controls, Inc. For JCl to perform its obligations under this agreement with respect to the work, the Assured Performance Guarantee, and the M&V Services, Customer shall be responsible for assisting JCl to communicate the installation of fixtures and reporting them to the Utility Provider (LIPA) upon their completion on a weekly/Bi-weekly/Monthly basis. Training Once the improvements have been implemented, we train your personnel to maximize the benefits of those improvements. Knowledgeable staff is one key way to ensure the sustainability of an energy savings project. Johnson Controls 29 © 2012 Johnson Controls, Inc. Do not copy (physically, elect rol~icall¥, or in any other media) without the express written co~sent of Johnson Controls, Inc. Performance Contracting Technical Approach Johnson Controls' capabilities have been demonstrated through more than 2,700 performance contracts since this became an official line of business in 1983. We have a current portfolio of 730 projects, with outstanding guarantees of $5 billion for our customers. Johnson Controls will provide turnkey design, price, acquisition, and installation of streetlights. Johnson Controls will verify pre and post conditions on the existing street lights, existing lamp wattage, working versus non-working, pole spacing and whether a pole is listing and the condition of the light to be used for back lighting purposes. The performance of the new LED street light will be at 105% of preexisting conditions as measured and entered into the database. The GPS coordinates will be verified and data matched against the LIPA billing database. A reconciliation of existing fixture wattage and the new LED fixture wattage will be entered as the field work is being completed. The "health" of the streetlight pole will be verified including: fixture arm, wiring, fusing, conduit, and compliance to the NEC electrical code. Johnson Controls will need to know about any problematic street that has been identified by either the police, residents, LIPA or the Town of Southold to have a history of "outages or calls" ahead of the construction and work with the Town to address otherwise Johnson Controls will assume no responsibility for performance. In addition to annual performance reports, Johnson Controls will provide the Town with a final report comparing baseline totals with guaranteed totals to show the project's impact in its entirety. See Appendix for LM-79 and LM-80 test repods and results for each proposed lamp type and street light module package. 30 © 2012 Johnson Controls, Inc. Do not copy (physically, electronically, or in any other media) without the express wr tten consent of Johnson Controls, Inc. Johnson ~)j!' Controls Financing Company Johnson Controls has the ability to offer the Town a vendor financing solution to pay for the cost to acquire the project. In this arrangement, Johnson Controls would enter into a tax-exempt lease purchase with the Town to finance the acquisition of the project. Johnson Controls would finance the construction, closing costs, and interest during construction. It is assumed that the Town would prefer to delay the commencement of lease payments until the project is fully installed and accepted. Johnson Controls can structure the lease to do exactly that. All amounts needed to construct the project would be funded at financial closing, including any capitalized interest needed during the construction phase. Simultaneously with that closing, Johnson Controls would package the lease into a certificate of participation ("COP"), which allows Johnson Controls to assign the lease to other investors. A COP is an instrument evidencing a pro rata share in lease payments. The cedificates entitle the investor to receive a share, or participation, in the lease payments from a particular project. The lease payments are passed through the lessor (Johnson Controls) to the certificate holders. Johnson Controls would assign the lease and lease payments to a trustee, which then distributes the lease payments to the certificate holders. The terms and conditions of the lease would comply with the article 9 New York state performance contract statutes. The obligation to make lease payments would most likely be subject to annual budget appropriation. The lease obligation is intended to be an operational expense for budget purposes and should not be classified under the statutory definition of debt. In addition, the obligation will not constitute a full faith and credit pledge of the taxing authority of the Town. Upon the budget appropriation of lease payments for a fiscal year, only the lease payments for that fiscal year shall be a binding obligation of the Town; provided that such obligation shall not include a pledge of the taxing power of Town. Upon acceptance of the project, the Town would obtain legal title to the equipment and the lessor (Johnson Controls or its assignee) would retain a security interest. All of the above is subject to review of the Town of Southold's bond rating. Johnson Controls 31 © 2012 Johnson Controls, Inc. Do not copy (physically, electromcally, or in any other media) without the express written consent of Johnson Controls, Inc. Management and Staffing Management The Johnson Controls has 730 current active performance contracts and 4,392 employees in the State of New York and has assigned a team of focused, talented, high-performance individuals representing their respective expertise. Each of the individuals chosen for this performance-based contract will make specific contributions to the success of the Town of Southold's project. Assignment of Responsibility The Performance Contracting (PC) team for this project ia broken down into specific areas of expertise. Each team member ia committed to the success of the performance-based project, and we view these individuals as valued contributors to the overall success of project. Contact information for our corporate representatives and the lead people for the various aspects of the project are identified in the following table. Area General Management Eugene Dassing Area GM Energy Solutions 6A Aerial Way Syosset NY11791-5502 (201) 615-5785 Ken Petersen Engineering Manager 6A Aerial Way Syosset NY11791-5502 (201) 994-6948 Overall Project Management Thomas Burke Account Exec. Local Gov, 6A Aerial Way Syosset NY11791-5502 (516) 822-0490 Overall Project Development Measurement & Verification Naimath Mohammed Performance Assurance Engineer 6A Aerial Way Syosset NY11791-5502 (516)937-2311 John Ferretti Solutions Installation Manager 6A Aerial Way Syosset NY11791-5502 (516) 382-0836 32 © 2012 Johnson Controls, Inc Do not copy (physicarly, electronically, or in any other media) without the express written consent of Johnson Controls, Inc. Johnson Controls Coordination with the Town of Southold Johnson Controls will provide all services required for the management of construction through the use of our own employees, as well as through the use of quality subcontractors. In all cases, we will provide detailed direction to the personnel involved to maintain cost, schedule and quality control. Johnson Controls will hold regular job progress meetings with all subcontractors and the TownTown of Southold representatives. These meetings can help to integrate multiple projects and make sure that coordination of different projects is handled efficiently. This will allow the Townto monitor our installation and performance through regular reviews. The Johnson Controls project management process is structured to maintain close control of all tasks involved in the implementation of a project. At the same time, continuous involvement of the Town's personnel will ensure that the impact on day-to-day operations is minimized. During implementation, Johnson Controls will track the performance, cost and schedule to minimize any variance by subcontractors. Prompt payment of an approved draw schedule will ensure that subcontractors are able to continue to deliver quality installation on schedule. All changes required for the subcontracted activities will be documented. To control work scope, costs and schedules, our Cost and Schedule Management System creates a feedback and control mechanism. Emphasis will be placed on creating a detailed scope, schedule, budget and technical performance plan. Actual performance will be carefully monitored and compared to plan. Where performance and plan deviate, variances will be highlighted and analyzed for appropriate management action. The project manager assesses schedule accomplishments daily, and marks schedules to show progress. When potential problems are detected, they are discussed immediately with the responsible subcontractor or foreman at the job site. Prior to the beginning of the implementation phase of the project, Johnson Controls and the Townwill develop a mutually agreed upon project schedule to ensure minimum disruption to daily activities. Prime Contractor and Sub-Contractor Services Johnson Controls will assume single-source responsibility for this project but may choose to select subcontractors. Although we have the unique capaTownto self-perform the majority of functions required under performance contracts, we also have the contraot management expertise to know when it is appropriate to outsource the functions that deliver the best service at the best price. Because subcontracting is a major component of our total service portfolio, we have become very efficient at managing subcontractors. We believe that we can provide subcontract management more effectively than our competitors or our customers--with better results. Johnson Controls 33 © 20~.2 Johnson Controls, Inc. DO not copy (physically, electronically, or in any other media) without the express written consent of Johnson Controls, Inc, Subcontract management begins with screening and selection through a competitive bid process while maximizing usage of diversity suppliers. The selection of subcontracting firms is conducted on a client-specific basis to ensure we choose the best match for you. This approach gives us the flexibility to reach subcontractor agreements that provide the greatest benefit to each specific client and site. Recognizing that each customer has a specific company culture, we seek to find subcontractors that will complement and align to the customer to ensure the greatest working relationship. Local Branch and Resources For this project, the Syosset, New York branch office will be supporting the Town of Southold This Johnson Controls' branch employs approximately 31 people, including 12 technicians / mechanics. Johnson Controls employees are dedicated to ensuring our customers' buildings save energy, run at minimum cost, and foster a safe and healthy work or learning environment. Our organization holds more than 120 state licenses and employs approximately 90 Professional Engineers, equivalent to the top 5 percent of engineering firms in the nation. In addition to adequate staffing levels, our teams use company-supported platforms for systems, processes, and procedures that are used in the development, implementation, and management of projects. Since all teams use the same tools and processes, it is relatively easy for someone to step in and support the project, should the need arise, such as an increase in project scope. 34 © 20z2 Johnson Controls, Inc. Do not copy (physically, electronically, or in any other media) without the express written consent of Johnson Controls, Inc, Johnson Controls I I I I I I I I ! I I I I I I Personnel Information Roles and Services Determine final scope and pricing Establish initial financial modeling Analyze results of energy audit & develop FIMs Develop and deliver design and construction documents Finalize all project costs Complete final repod and meet with Town for final review Project Development: Ken Petersen Financial Review: Thomas Burke Specify equipment Submit for customer approval Coordinate schedute with stakeholders Procure equipment Implement subcontractor agreements Commence construction Commission, test, train and verify Engineering: Ken Petersen Construction: John Ferretti Project Management: John Ferretti Terms and Conditions: Ken Petersen Johnson ~),~ Controls 35 © 2012 Johnsoll Controls, [nc. DO not copy (physically, erectronically, or in any other media) without the express written consent of Johnson Controls, Inc. Resume for Key Personnel John Ferretti, P.E. Operations Manager Areas of Expertise: Installation Manager responsible for all field project functions including financial, construction operations, and purchasing from conception through development and final close out. This position works with the Johnson Controls sales and engineering team in developing the project's Facility Improvement Measures and budget, and maintains safety for all aspects of the project. Current Responsibilities: Responsible for project management execution in the field for performance contracting work mainly; K-12 schools; Higher Education and commercial real estate projects on Long Island; Westchester and New York Town Educational: Bachelor of Science, Mechanical Engineering, Pratt Institute, Brooklyn, NY Professional Licenses and Affiliations · NYS Professional Engineer Lic# 069385 Certified Energy Manager # 11915 NYC Site Safety Manager #Lic # 688 Certified Green Building Engineer #472 36 © 2012 Johnson Controls, nc Do not copy (physically, electronically, or in any other media) without the express written consent of Johnson Controls, Inc, Johnson Controls Major Relevant Projects Project Description: Mount Sinai Hospital New North Pavilion Values: 245 million Role: MEP Construction Superintendent-TCCo Unique Features: Multiphase new Construction project in an active Hospital complex. Accomplishments: Completed turnover of critical patience floors on a fast track schedule. Project Description: Brookdale Hospital; Brooklyn New York Values: 9 million dollar Performance contract Role: Field Project Manager-Honeywell Unique Features: Gas Engine Chiller and ICU HVAC equipment. Accomplishments: Delivered Chilled water capaTownfor April 1st around an extensive owner capital construction project Project Description: Empire State BIdg Energy Performance Contract Values: 25 million. Role: Installation Mngr.-Johnson Controls. Unique Features: On site Window fabrication and Asbestos removal in an occupied space, Accomplishments: Delivered a fast tract Chilled Water retrofit of all seven chillers. Project Description: Current portfolio of K-12 and Higher Ed PC projects-Concordia College,NCC,Commack,Brentwood,Deer Park and Eastport South manor Values: $70 million Role: Operations Manager in charge of construction, Long Island Westchester for over 13 years. Unique Features: High quality business model generates high volume of repeat business. Accomplishments: Developed successful model for repeat business with high customer satisfaction for dozens of K-12 Projects. Johnson v,J~ Contro s 37 © 2012 Johnson Controls, Inc. Do not copy (physically, electronically, or in any other media) without the express written consent of Johnson Controls, rnc, Ted Mejia Northeast Region Solutions Senior Project Manager, 19 Years Background and Areas of Expertise: Project development and project management for large general construction projects and Energy efficiency & renewable energy Projects Current Responsibilities: Manages all aspects of executing the performance contract, serves as the general contractor, and utilizes sound project management techniques while striving for work process improvement. Manage sub-contractor relationships, due diligence documentation and communication with a focus on resolution to customer's complete satisfaction. Time management, time compression, critical path and multi-prime issue balance a primary focus. Educational: Bachelor Of Science -Architecture - NYIT @ Old Westbury Professional Licenses and Affiliations: · ASHE Guidelines for Design and Construction for Health Care Facilities - Completed Workshop conducted by the American Hospital Association Major Relevant Projects: Village of Lynbrook EPC including installation of 1200 street lights Oyster Bay School District Additions & Renovations of Science Labs $3.5Million $20Million Lincoln Center $650Million Addition & Renovations and Mechanical upgrades to Julliard School /Alice Tully Hall Greentree Conference Center High Security Conference Center for U.N. $25Million Endo Pharmaceutical New Renovation of Laboratories and Clean rooms $5 Million St. LukesRossevelt Hospital Addition and Renovations $350 Million York Tower New 42 StoW Luxury Residential High Rise $120 Million 38 © 2012 Johnson Controls, Inc. Do not copy (physically, electronically, or in any other media) without the express written consent of Johnson Controls, Inc, Johnson ~),J~'~ Controls Subcontract Management Process When we do choose to subcontract services, we follow a defined procurement process, as shown in the graphic on the following page. We evaluate our suppliers for financial capability, demonstrated technical excellence, past performance, qualifications of personnel (when relevant), ability to meet specifications, and realism of their cost. Our process for screening potential suppliers includes reference checks, financial status, and a site visit to a comparable project/account where appropriate. 1 2 3 I Define Detailed Identify and Pre- Confirm Diversity I, 4 Subcontract Scope Develop RFP of Work qualify Bidders Participation Conduct Pre- Review RFP Issue RFP Proposal Activities I 9 I ~ 10 ~, 11 Negotiate Award Complete Required Subcontract J Subcontract Documentation Receive & Evaluate Subcontract Froposals taining a contract We select the supplier who can provide the best value for you in terms of quality, cost, and responsiveness. We then negotiate a contract with the terms and conditions that provide the best mechanism for managing the provision of services or materials while being fair to the interests of all parties. We establish performance-based contracts with vendors to ensure quality service. Our vendor management plans enable us to track and control costs and performance as closely as if we were doing the work ourselves. Most importantly, we retain full accountability for all work our subcontractors perform. Management of Subcontractors Johnson Controls will assume single source responsibility for this project but may choose to select subcontractors. Although we have the unique capaTownto self-perform the majority of functions required under performance contracts, we also have the contract management expertise to know when it is appropriate to outsource the functions that deliver the best service Johnson ¢),~i Controls 39 © 2022 Johnson Controls, Inc, Do not copy (physically, electronically, or in any other media) without the express written consent of Johnson Controls, Inc. at the best price. Because subcontracting is a major component of our total service portfolio, we have become very efficient at managing subcontractors. We believe that we can provide subcontract management more effectively than our competitors or our customers--with better results. Subcontract management begins with screening and selection through a competitive bid process while maximizing usage of diversity suppliers. The selection of subcontracting firms is conducted on a client-specific basis to ensure we choose the best match for you. This approach gives us the flexibility to reach subcontractor agreements that provide the greatest benefit to each specific client and site. When we do choose to subcontract services, we follow a defined procurement process, as shown in the graphic on the following page. We evaluate our suppliers for financial capability, demonstrated technical excellence, past performance, qualifications of personnel (when relevant), ability to meet specifications, and realism of their cost. Our process for screening potential suppliers includes reference checks, financial status, and a site visit to a comparable project/account where appropriate We manage subcontractors using the same tools we use to manage our own costs: defined scope of work, performance reviews, and budget review and analysis. Defined Scope of Work / Costs: We negotiate fixed-price or time-and-material contracts with our subcontractors; depending on the structure of the prime contract, we may include performance-based incentives that are directly connected to contract fees. Our subcontracts include a definitive scope of work and specific contract deliverables as appropriate. These subcontracts also include "flow down" provisions from the prime contract. We incorporate our contract clauses for personnel conduct, security, dress codes, etc., into each of our subcontracts. We include a requirement within all of our subcontracts to establish an internal quality control program and agreement that allows us to conduct periodic inspections of subcontractor designated work areas. Performance Reviews: We establish a technical point of control for all vendors/service providers. Typically a manager or a supervisor, this individual is charged with reviewing vendor performance to ensure that he or she has delivered timely service at the defined level of quality. The technical monitor also reviews the vendor invoices to ensure realism and accuracy. Whenever the technical monitor finds an anomaly, he or she ascertains whether the charges are justified. This control mechanism helps ensure you are charged only for work done and that costs are fair and reasonable. Budget Review: We build project budgets that cover all projected costs, including service subcontractor costs. As part of our routine project budget review, our management team identifies any trends or instances of excessive cost and ensures subcontractor compliance to contract terms and conditions. The Project Manager reviews all costs and develops justification 4o © 2012 Johnson Controls, Inc. Do not copy (physically, electronically, or in any other media) with out the express written consent of Johnson Contrors, Inc, Johnson Controls or prepares a corrective action process. This control mechanism helps prevent cost creep that might go unnoticed at the individual item level. Bill Paying: The process for administering contracts is described above. Bill paying is done in accordance with our accounts payable process. After the responsible manager for the subcontract signs off on the invoice to verify that it is accurate, the invoice is sent to accounts payable. Our system's processes are designed to identify and correct possible duplicate invoice payments. Commitments and costs are captured within corporate accounting system, down to the lowest level of project activity. Checks are generated as invoices are verified. Johnson Controls issues checks to subcontractors upon payment from the customer. Approval of Subcontractors Johnson Controls understands that the Town reserves the right to approve all subcontractors, and our project team will work with you to ensure the selection of proven performers who satisfy the Town's criteria. Johnson ¢)~",/ Controls 41 2012 Johnson Controls, Inc. DO not copy (physically, electronically, or in any other media) without the express written consent of Johnson Controls, Inc, Appendix 42 © 2012 Johnson Controls, nc Do not copy (physically, electronically, or in any other media) without the express written consent of Johnson Controls, Inc. Johnson Controls LI I-80 Test Report Cree® XLamp® XP-G White LEDs Revision: Document Creation Date: 4 (July 12, 2011) August 1, 2011 1. Number of LED light sources tested 2. Description of LED light sources 3. Description of auxiliary equipment 4. Operating cycle 5. Ambient conditions 6. Case temperature 7. Drive current of the LED Ii test. 8. Initial luminous flux and forwa~ metdc measurement current See individual test reports, XLamp XP-G White LEDs (XPGWHT) All measurements provided are LED package measurements. Instrument Systems ISP-500 Integrating Sphere Instrument Systems CAS-140 Spectrometer Keithley 2420 Sourcemeter LED packages are driven at constant current. LED packages are operated in environmental control chambers. The temperature of the ambient air around the LED packages is actively controlled by air flowing through the chamber. T^ : See individual test reports RH : < 45% Air flow : 800 CFM The case temperature measurement point is shown in the XLamp XP-G Soldering & Handling document (AP25). See individual test reports. The drive current used during lifetime testing is listed as "Drive Current," test reports. The drive current used for luminous flux, e and chromaticity measurements is listed as "l~leasure- 9. Lumen maintenance data for each i~ light source ~,~ Ig luminous flux testing set to 25oC =k2oC. 10. Observation of LED light source failure~ ,~ No fail~/~curred during testing.. 11. LED light source monitoring interval ~'~:~" See in~al~test reports. 12. Photometric measurement uncertainb/ ~lll~ai~erance of :1: 2.0./o on flux measurements for LM-80 13. Chromaticity shift reported over the meas~reme~ ~diuidual time ~ ~¢b~t~temper~:e~,~uring~ chromaticity testing set to 25°C ~:2°C. 14, Test Report Authorization Ar~l~ ~bare, Coml~nen~ Reliability Laboratory Nanager Test Summary 7 45°C 45°C 500 mA 101.5% ~ '~0.0028 8 55°C 55°C 500 mA 100.7'/o 0.0028 9 85°C 85°C 500 mA 101.1% 0.0025 10 55°C 55°C 1000 mA 100.0% 0.0028 11 85°C 85°C 1000 mA 99.0% 0.0035 12 105°C 105°C 1000 mA 97.4% 0.0032 L70(lOk) > 60,500 hrs L70(lOk) > 60,500 hfs L70(lOk) > 60,500 hrs L70(lOk) > 60,500 hfs LTO(lOk) > 60,500 hrs LTO(6k) > 36,300 hrs CREE Data Set 7: 45°C, 500 mA Part Number Case Temperature [T~] Ambient Temperature [T,] Drive Current Measurement Current Failures observed XLamp XP-G white LEDs (XPGWHT) 45°C 45°C 500 mA 500 mA None Initial (0 hfs) Lumen Maintenance (%) ] I ~, LF(Im)I V~(V) 169 1008 2016 I 3024 4032 I 5040 6048 7056 8064 9072 10080 1 108.8 3.00 101.1 101.0 100.9 102.3 100.8 1003 99.9 1032 101.4 100.2 1017 2 118.4 2.99 100,8 102.6 102,1 101.0 100.5 100.6 101.0 101.2 100.7 101.3 1000 3 1162 297 103.4 102.5 102.4 1032 101.9 102.0 101,7 103.3 102.3 101.1 102.5 4 123.5 298 100.6 1017 101.7 1016 1014 101.5 101.5 102.1 101.4 1020 101.7 6 114.3 315 101.~ 100,3 100~1~ 100.6 99.3 996 99.6 1008 998 100.3 100.3 6 120.0 3.15 100,0 1006 101.1 101.1 100.6 100.7 100.5 1009 100.2 101.0 100.8 7 118.9 3.08 1002 ~ 99.5 100.6 100.3 99.8 100.0 100.0 99.6 99,7 100.4 100.1 8 118 2 3.12 100,7 100.8 100.5 100.7 100.0 100.1 100.1 101.1 100.3 100.8 100.8 9 1240 3.04 100.4 101.1 101.0 100~5 996 99.6 997 994 99.0 99,7 99.3 10 113.7 3,04 100.6 ,d01;7 100.4 r109.O 99,4 98.8 98.3 99,7 98.9 99.3 99.4 11 110.9 310 100.1 99.5 1009 99.3 1037 1030 103.3 103.7 104.3 105.7 103.4 12 121.0 3.08 98.9 99~4 101.3 101.1;~ 102.7 101.2 102.7 103.1 103.3 t03.2 102,5 13 110.6 3.08 99.6 100.1 99.9 993~, 102.5 1022 102.8 102.6 104,0 104.7 102.0 14 121 2 3.08 98.8 100.5 101t 100.4 102.7 100.9 1025 102.7 1030 101.8 101.9 15 108.6 3.01 1002 100.1 100:4 100.1 ; I017~ 102.7 104.0 105.6 105.0 105.0 1043 16 120.0 301 1005 1010 99.9 I 100.7 998 100.2 102.8 103.0 102.5 102.8 102.1 17 116.9 298 101.2 101.2 101.3 ¢ ~013 101.3 101 8 103.7 104.6 104.1 104.4 1042 18 1235 2.99 998 100.0 100.4 .1008 100.5 300.9 1026 1024 102.1 102.4 102.3 19 1143 3.11 99.6 99.2 98.3 :983 988 99,1 100.9 101.8 101.0 1013 101.1 20 121.4 314 99.5 100.4 99.6 ' 100.2 100.2 t00.3 102.4 I02.4 101.9 101,7 101.6 21 119.1 3.11 99.8 99.7 99,3 998 99.6 190,0 102.0 102.3 1018 100.7 100.6 22 118.1 305 99.4 99.3 98.8 992 99.3 99.2 1014 101.9 101.3 101.7 101.4 23 123.9 302 99.7 100.1 98.4 99.1 ,968 98;9 101.1 101,1 100.6 1009 100.3 24 1156 3.03 986 97.7 97.7 970, 980 97.8 1GO~ 101.1 1005 101.2 1006 25 113.5 3.10 102.3 99.9 103.9 103.9 1036 1029 '~02.! 102.3 102.4 101,5 100.5 n 25 25 25 25 25 25 ¢ ..; 25! 25 2~ ' 25 25 25 i 25 Mean 1t7.4[ 3.06 100,3 i 10o.~*--I 100.5 100,5 100.7, 100.6 1015 1021 1017 ] lOl.~'-'[ 101.4 Median 1~62 3.05 100.2 100.3 1~00.5 ~100.5 J 100.5, ,100.3 10 5 102.3 | 101.4 I ~i 101,4 c~ 4.64 006 1.07 ~ ~ 1.37 ~ 1~' J '[~5 --1~,4~ ~:J~'~50 I 1.~ "~ 1.33 Min. 1086 297 98.6 -~-~ 97.7 ] 97.0 ~-~ 9~8.'1 983"~ ~9.4 ~ 993--1 99.3 Max. 1240 I 3.15 1034 ~- l- 103.9 ~-~'q'~~~-I'--~'~ I 105.0 I ~0~7~- [ lO4.3 I I CREE i Data Set 7: 45°C, 500 mA [ Part Number XLamp XP-G White LEDs (XPGWHT) Case Temperature [T~] 45oC Ambient Temperature [TA] 45°C Drive Current JIF] 500 mA Measurement Current 500 mA Failures observed None Initial (0 hrs) Chromaticity Shift (Au'v') ~ CCx CCy CCI 168 1008 2016 3024 ~ 4032 i 5040 6048 i 7056 ! 8064 9072 i 10080 1 0.4575 0,4036 2672 0 0016 00021 00024 00026 00028 0 0029 0.0030 00031 0.0032 0.0033 00032 2 0.4528 0.4046 2752 0.0015 00024 00025 0.0026 00029 00030 00031 0 0032 0.0033 00033 00035 3 0.4530 04021 2727 0.0016 00019 00022 00024 00026 00027 0.0029 0.0029 0.0030 00032 00031 4 0.4465 03930 2751 0.0012 00019 00021 00023 00025 0.0026 0.0027 0.0029 00029 00030 00030 5 0.4497 03980 2743 0.0015 0 00~0 0.0021 0.0023 00024 0.0026 00028 0 0028 00029 00030 00029 6 04510 03978 2722 00012 0.0020 0.0021 0.0024 00026 00027 00028 0.0029 00029 00030 00029 7 0.4491 04027 279~ 00011 0.0017 0.0020 0.0021 0.0023 0.0025 00026 00028 00028 0.0028 0.0028 8 04479 03983 2775 00013 0.0018 0.0020 0.0023 0.0025 00026 00026 0.0027 0.0028 0.0029 00029 9 04449 03955 2798 010011 0.0018 0.0020 00022 0.0023 0.0025 0.0025 0.0028 00027 00028 0.0028 10 0.4486 0.4006 2784 0.0012 0 0018 0.0020 0.0023 0.0024 00025 00026 0 0027 0.0027 0.0029 0.0028 11 04577 0.4060 2690 00010 00019 0~0022 ,00024 00034 00027 0.0028 00029 0.0030 0.0031 00031 12 0.4610 0.4071 2651 00010 00019 0.0022 0.0024 00030 00027 00028 00028 0.0029 0.0030 00031 13 04553 0.4028 2698 0.0009 00019 00022 0.0024 00032 00027 0.0028 00030 0.0029 0 0030 0.0031 14 0.4596 0.4050 2655 0.0011 010020 0 0023 00024 00031 00028 0.0029 0 0030 0.0030 0.0032 0.0031 15 0.4556 04060 2720 0.0012 OOO2t 0.0024 0:0027 00028 00029 0.0031 00032 0.0032 0.0032 00032 16 0.4558 0.4066 2724 0.0013 0.0020 0 0024 0.0026 00028 0.0029 0.0031 00031 00032 0.0032 0.0032 17 0.4493 0.3978 2748 0 0013 00020 0.0024 0:0026~ ~00027 00028 00031 00030 0.0031 0.0032 00033 18 04454 0.3936 2774 0.0011 00018 0.0020 000~3 00026 0.0027 0.0029 0.0028 00030 00030 00031 19 0.4546 0.4043 2723 00010 00017 0.0019 0.0022 8.0024 0.0024 00026 00027 00027 00027 0.0028 20 04513 04017 2751 00010 00017 0.0019 0.0022 00025 00025 00027 0.0027 00028 0.0028 00028 21 04532 04040 2740 00010 00018 0.0020 00022 0.0024 0.0025 00027 0.0027 0 0028 0 0027 00028 22 04480 03976 2767 00010 00018 0.0021 0.0023 00025 00026 00028 0.0028 00028 0.0028 00030 23 04515 0.4028 2757 00009 00017 00019 00021 00024 0.0024 00027 0.0027 00028 0.0027 00028 24 04488 0.4009 2783 0 0012 00017 0.0022 00024 0.0026 00027 0 0029 00029 0.0029 0.0030 00031 25 0.4494 0.3932 2705 00011 00012 0.0016 0.0019 00021 00022 00023 0.0024 0.0025 0.0025 00025 n 25 , 25 25 25 25 25 ~_25 25 25 25 25 25 25 25 Min. F 0.0009~ 00012 i 0.0016 i~~00022~3 j[ 00024 f 0.0025 I 0.0025 ! 00025 I CREE . I Data Set 7: 45°C~ 500 mA~ Case Temperature [T,] 45oC I Ambient Temperature [TA] 45°C I I i Drive Current [IF] 500 mA r Heasurement current 500 mA I Initial 0 hrs) ~' Lumen"~qajt]t~Fl~ ic~(%) 168 1008 2016 LF(Im) VF(V) 302 6048 7056 8064 9072 10080 n 25 25 25 25 25 25'~ ~ 25 .,,~ 25 25 25 25 Mean 117,4 3.06 100,3 100.4 100.5 t00.5 ~;1~0 ,]..._ 100.6 ~'10 I~L. 102.1 101.7 101.8 101.4 Median 118.2 3.05 100.2 100.3 100,5 100.5 ~ ll;~[~ 100.3 ~ 102.3 101.4 101.3 101,4 a 4.64 0.06 1.07 1.07 1.37 1.44 1~5~I 1.35~.44.~ 1,50 1.66 1.66 1.33 Min. 108.6 2.97 98.6 97.7 97.7 97.0 98~ !~,,8 9'~.a ~.9.4 98.9 99.3 99.3 Max. 124.0 3.15 103.4 102.5 103.9 ~103.9 103.7{ l(~.On,~ 104.~I" ~15.6 105.0 105.7 104.3 I I CREE m Data Set 8: ss°c, 500 mA I I I Part Number XLamp XP-G White LEDs (XPGWHT) Case Temperature [T~] 55oC Ambient Temperature IT^] 55°C Drive Current [[~] 500 mA Measurement Current 500 mA Failures observed None Initial (0 hfs) Lumen Maintenance (%) ~- i ~ LF (Im) i VF (V) 168 ~ 1008 2016 J 3024 I 4032 ! 5040 I 6048 7056 I 8064 9072 10080 1 1076 301 99.4 102.1 1039 1015 1029 1017 1050 1047 103.4 1029 1070 2 1167 3.01 996 1026 1031 101.2 1023 102.1 1038 1030 1024 102.2 1043 3 118.1 297 994 1014 102.8 1020 1022 101.6 103.0 1030 1024 103.0 1046 4 124.0 2 98 98.5 1016 101 9 1000 100.4 100 1 102.2 100 7 100.5 101 0 102.8 5 115.9 3.13 99.1 1005 102.0 1000 101 1 1007 1010 1009 1009 1018 1029 6 1204 3.14 99.4 1009 1012 99 5 1006 100.1 10%7 1006 1000 1006 1022 7 119.2 309 99.0 101.3 1014 997 1010 1009 102.5 1008 1003 1008 1025 8 1180 3.13 98.4 180.2 101.2 99.7 993 990 1002 1001 999 100.0 1020 9 1246 3.02 991 1015 101.7 99.7 1010 1010 101 1 101.1 1006 100.7 1030 10 1152 3.05 97 9 99.9 100.3 98.4 995 99.2 100 6 100.7 99 5 101.3 102 1 11 126.7 3 02 986 98.6 98 3 988 99.4 99 5 99.5 99 3 99.1 98 8 99.1 12 115.4 3.05 100.5 1002 1011 101,1 :1010 100.4 1005 1005 100.2 99.8 100.4 13 1254 3.05 1006 1004 @9,7 I00.2 1006 100.3 1000 995 993 990 992 14 1295 307 99 0 98.8 980 98 7 99.4 99.1 993 993 992 989 986 15 115.7 312 1000 1002 1005 1009 101.i 100.7 100.6 1004 1001 99.7 100.6 16 1132 309 1022 1023 100,8 1008 1009 100.7 1007 100.5 996 98.7 988 17 1270 309 987 991 1004 1002 100.0 100.4 100.1 998 996 994 995 18 1225 313 995 999 993 997 1002 998 995 990 98.6 981 98.3 19 1244 304 99.2 989 995 100.0 1003 1005 100.2 998 996 994 99.6 20 1135 308 990 1002 97.8 98,5 992 989 992 99.3 993 991 983 21 1207 309 1001 1009 1004 1009 101.4 1008 101.3 1016 100.8 999 100.1 22 110.6 3.07 976 96 9 965 971 976 97.7 972 965 962 95.7 958 23 118.8 3.06 97.1 97 8 982 975 96,8 100.6 1000 993 987 97.9 983 24 1119 3.08 970 98.1 983 981 97.8 99.4 98.8 978 975 970 970 25 1217 3.10 97.1 987 992 99.2 99:1 1013 100.3 992 989 985 990 n 25 ! 25 25 25 25 i 25 ~ 25 25 25 I 25 25 25 o 560 005 1.19 47 18% 23 %46 ~ "102-'-; "- 1.~--"'~6~ .... ~ ~ ~8~ ._M!n: !~_7:~f ~:~ ~9.7...0._ 96.9 I 965 ! 97.1 968~ 9~/ 972 965 96.2 95.7 958 Max 1295I 314 1022 [ 1028 i'"~ i ~d~76 i ~°2¢T-f52i1 [ ~8;~ i~ {04~ i 1~3:A 'i ~o3:~ i'"a~?/b CREE I Data Set 8: 55°C, 500 mA Number XLamp XP-G White (xPGWHT) Case Temperature [T,] 55oC Ambient Temperature [T^] 55°C Drive Current liE] 500 mA r~easurement Current 500 mA Failures observed None fnitial (0 hrs) Chromaticity Shift (Au'v') 1 0.4567 04068 2712 0.0012 00025 00028 0.0029 00030 00031 0.0038 0.0033 0.0033 0.0033 00037 2 0.4535 04030 2728 0.0013 0,0025 0.0027 0.0028 00029 00030 0.0034 00032 0.0033 0.0032 00034 3 0.4523 0.4032 2748 0.0011 0.0023 00025 0.0028 00028 0.0026 0.0037 0.0030 0.0031 0.0031 0.0032 4 0.4514 0.4013 2745 0.0010 0.0022 ::0.0024 0.0024 0.0026 0.0026 0.0032 00028 0.0029 0.0029 0.0030 5 0448: 0.3977 2764~ 0~0010 0.0020 0,0024 0.0025 0.0026 0.0026 0.0036 00028 0.0029 0.0029 0.0030 6 0.4491 0,3977 275] 0.0010 0,0021 010023 0.0024 0.0025 00026 0.0032 0.0028 0.0028 0.0029 OO030 7 0.4506 0.4039 2780 0.0010 00021 0.0023 0.0024 00025 00026 00031 0.0028 0.0029 00029 0.0030 8 0.4473 0 3980 2781 ' 0.0010 00021 0~0024 0,0026 00025 00026 0.0034 00028 0.0029 0.0029 00029 9 0.4472 0.3995 2796 0.0010 0.0021' 00023 0.0024 0,0025 0.0025 0.0027 00027 0.0028 0.0028 0.0029 10 0.4479 04011 2799 0.0011 0.0022 0,0024 00025 0.0026 0.0026 0.0034 0.0029 0.0030 0.0029 0.0030 11 0.4525 0.4010 2725 0~0011 0.0013 0,0014 0.0016 00018 0.0020 0.0021 0.0021 0.0022 0.0022 0.0024 12 0.4461 03950 2775 0.0011 0.0013 0.08150 0.0017 00019 00021 00022 0.0022 00023 0.0023 0.0028 13 I 04515 0.3991 2725 00012 0.0013 00013 0.0016 00018 00020 0.0020 00021 0.0021 00021 00023 14 0.4605 0.4067 2656 0.0011 ~.0013 0.0013 I 0.0016 00018 0.0021 0.0021 0.0022 00023 0.0023 00024 15 0.4586 0.4036 2657 0.0012 0.0014 0 0016 00818~ 0.0020 0.0023 0.0023 0 0023 0.0024 00024 0.0028 16 0.4552 03996 2674 0.0012 0.001,5 0.0015 0.0018 0.0021 0.0024 00024 00024 00025 0.0025 0.0026 17 04491 03957 2733 0.0011 00014 0.0016 O:O01& 00020 00022 0.0022 00022 0.0022 0.0023 0.0024 18 0.4541 04004 2697 0.0013 00016 0.0017 00019 00021 00023 0.0023 0.0023 0.0023 0.0024 00024 19 0.4478 0.3972 2766 0.0011 0.0013 0.0016 0.0017 00019 00021 0.0021 0.0021 0.0021 00022 0.0022 20 0.4593 04058 2665 0.0017 0.0018 0~0019 0.0021 0.0022 00023 0.0024 00024 0.0024 00024 0,0024 21 0.4598 04053 2656 0.0019 00019 0.0020 0.0021 6.0028 0.0025 00026 00026 0.0027 00027 0.0027 22 0.4499 03973 2734 00009 00016 0.0018 0.0019 0.0820 00033 0.0028 00024 0.0024 0.0024 00024 23 0.4572 0.4034 2675 0.0010 00015 0.0017 0.0018 0.0019 00031 0.0027 0.0024 0.0024 0.0024 0.0024 24 0.4551 0.4025 2700 0.0008 0.0015 0001~ 0,0018 0.0019 0.0030 0.0027 00024 0.0024 00024 00024 25 0,4594 0.4044 2652 0.0008 0.0016 00018 O.OOi9* 00020 0.0032 0.0028 0,0024 0.0024 00025 0,0025 n 25 j 25 , 25 25 ! 25 r 25 25 25 25 , 25 25 25 25 25 ~edla~ .... ri-- oo~ ~ I 0.0018 '"0.0021 0,0026 0.0027 L 00024 0.0024 T 0.~5 i ~7'0~2~ Min;-- ' i ~ 00008 I ~.0013 ~ 00013 i 0.0016 ~50(~i.8 00020 00020 [ 0.0021 ] 00021 / 0.0021 I 0.0022 -"~l-a×, -"-i ..... I -~)~9 i ~'~-] 0.0028 I 0.0029 00030~- 0.00~33 0 0~'~'-'~033-~'~-~0~3~-~ 0.~' CREE Data Set 8: 55°C, 500 mA Case Temperature [T,] $$°C i Ambient Temperature [TA] 55°C i Ddve Current [IF] 500 mA Description of LED light source tested {manufacturer, model, XLamp XP G White Initial (0 hrs) ~ Lumei~,4~ylai[tter~nce (%) LF (Im) Vi(Y} 168 1008 2016 362~ 6046 7056 9064 9072 10080 n 25 25 25 25 25 25 '~ ~'2~ 25 ~ 25 25 25 25 Mean 119,1 3.07 99.0 100,1 100.3 99.7 ~.2 100.3 ~00~'.7 100.3 99.9 99.8 100,6 Median 118.8 3.07 99.1 100.2 100.4 99.7 '~1(~¢~f~ 100.4 1,~11~ 100.4 99.6 99.7 100.1 o 5.60 0.05 1.19 1.47 1.82 1.23 ~46~, 1.02 {[.67 ~ 1.65 1.50 1.74 2.63 Min. 107.6 2.97 97.0 96.9 96.5 97.1 9~i~- ~ ar~7.7 ~ ~..96.5 96.2 95.7 95.8 Max. 129.5 3.14 102.2 102.6 103.9 102.8 102.9 ¢~ 1[~.1. 105.~¢¢~ "fiB4.7 103.4 103.0 107.0 CREE Data Set 9: 85°C, 500 mA Part Number XLamp XP-G White LEDs (XPGWHT) Case Temperature iT,] 85°C Ambient Temperature iT,] 85°C Drive Current [IF] 500 mA Heasurement Current 500 mA Failures observed None ~ _~n_itial (0 hrs) ................ Lumen Maintenance (%) j~ LF (Im) VF(V) i ~ 60 8 i 7050 8064 9072 0080 1 129.7 3.05 99.0 10%0 100.7 100.2 1010 101.5 1013 1009 1008 100.6 100.3 2 114.5 3.08 99.3 99,1 99.6 1000 99.8 99.7 997 996 99.9 100.0 99.7 3 120.0 2.99 98.5 98.7 98.8 98.9 99 0 99.1 989 987 99.3 99.7 99.6 4 118,1 2.98 99.1 99.5 99.6 99.7 995 992 100.1 100.9 100.5 99.9 99.8 5 124.7 299 98.7 98.8 99.0 99.1 992 992 993 99.4 993 99.2 989 6 116.0 3.05 97.6 97.4 97.7 7978 980 982 989 99.6 99.2 98.8 988 7 121.9 303 97.5 ; 978 980 98.2 982 98.1 98.2 98.1 982 98.1 982 8 121,9 3.03 973 97.8 979 98..1 98.0 97.8 98.1 98.3 983 982 983 9 1180 3.09 98.9 96.0 96.2 96.2, 96.3 96.3 97.1 97.9 97.7 973 973 10 125.1 3.12 98.5 98,5 98.6 98,6 98.5 98.2 982 98.1 98,1 98.0 979 11 1155 3.04 98.1 98.0 98.3 98.8 j 983 98.0 983 986 985 982 98.2 12 127.4 3.03 98.5 100.0 100,6 100,7: 1004 1016 101.1 1013 101.1 1006 100.7 14 107.6 3,02 102.7 102.4 102.8 1024 I 103.0 1023 106.1 103.8 103.6 104.1 104.5 15 118.4 3.01 100.7 1026 102:7 103.8 'f08.3 103.5 1038 103.1 1035 103.5 1030 16 1177 2.98 1016 1017 101.7 103.3 ~02.7 101.6 1035 102.5 1027 103.7 103.4 17 1239 298 1013 1012 10%8 103.3 102.6 101.6 102.5 1019 1015 1012 101.9 18 112.0 304 1016 997 100.7 1016 10t.7 1000 102.2 101.1 101.2 1023 102.6 19 116.4 3.05 1012 99.4 1002 101.5 101.2 99,7 1013 100.1 100.1 998 1010 20 1176 304 1014 101.6 101.6 102.4 102.3 t00.9 102.5 101.4 101.7 101.4 102.8 21 117.7 3,02 100.8 100.1 1008 1017 101.6 '100.:2 102.6 1015 101.5 1025 103.0 22 124.3 3.02 101.4 101.5 1015 102.5 1015 100.7 ' 1022 101.5 101.8 101.3 1004 23 1142 303 101.7 101.2 100.6 988 , 99:~ 99.2 101.6 1008 101.0 102,6 1026 24 106.6 3.02 1017 103.6 102.4 104.6 102.7 102.0 104.6 104.5 104.2 105.8 106.6 25 1176 3.02 100.4 101.4 102.2 103.7 102.8 104.5 102.6 102.8 103.2 1034 104.5 25 2,5 25 25 25 25 c 5.57 005 1.60 ~[ 1.88 1.78 --'962 I 96.3 - 96~3~._2~971 ! 97.9 L 97.7 97.3 I 97.3 Min. 106.6 2,98 97.3 I 96,0 962 --~-- ~ r -- -- Max. 1297 21 1027 I 103.6 1028 I 104.6 I 103.3 104S F 06 i 04.5 I 04.2 ] 1058 ~-'~-0~ I CREE I I ,Data Set 9: 85°C, 500 mA Part Number ICase Temperature [T,] Ambient Temperature IT^] Drive Current [TF] I FNla: 'auSr: ~e °mb:~tr vCeudr r e n ' I I I I I I I I I I I I I I XLamp XP-G White LEDs (XPGWHT) 85°C 85oC 500 mA 500 mA None Initial (0 hrs) Chromaticity Shift (Au'v') ~ CCx CCy CCT 168 1008 2016 3024 4032 5040 I 6048 7056 8064 i 9072 10080 I 0 4517 0.3993 2725 0 0012 0.0019 00021 00022 0.0023 0.8024 0.0025 00025 0 0026 00026 0.0029 2 0.4570 04045 2688 0.0012 0.0017 0.0019 00020 00021 0.0023 00023 00024 0.0024 0 0025 0.0028 3 0.4520 04042 2760 00012 00019 00021 00022 00023 00024 o 0024 0.0024 00024 00024 0.0025 4 0.4512 0.4017 2752 00011 00017 00018 00019 00020 00022 0.0022 00023 00023 00024 00024 5 0.4485 0 3973 2757 0.0012 00017 0.0018 00019 00021 00022 00023 00024 00024 00024 00025 6 04469 03988 2796 00010 0.0017 00018 00019 0.0020 00021 00022 0.0023 00023 00023 00023 7 04509 04028 2766 0.0010 0 0016 0.0017 0.0018 00019 0 0020 00022 0 0023 0.0023 0.0023 00024 8 0.4502 04037 2784 0.0010 00015 0.0016 00018 00019 0.0020 00021 00021 0.0022 00022 00022 9 04473 03992 2791 00011 00016 0.0Gl7 00018 00019 00020 00021 00022 00023 00023 00024 10 04476 03997 2792 0.0011 00016 0J00J 7 00018 00019 00020 0.0021 00022 00023 00023 00024 11 0.4485 03997 2777 00010 00015 0.0016 00017 00019 00020 00021 0.0022 00022 00023 0.0023 12 04445 0.3911 2766 00012 00019 00023 I 0.0026 00027 00032 0.0029 00028 0.0029 00027 00026 13 04545 04034 2715 00010 0.0015 00019 0.0022 0.0023 0.0033 00025 0.0025 00026 00028 00024 14 0.4517 0.4027 2754 00020 0:0022 00025 0.0028 00029 0 0033 00032 00029 0 0030 0.0036 00028 15 04531 0.4033 2736 0.0023 0 0023 0.0025 0:0034 0 0029 0.0033 0.0031 00031 0.0031 00034 00029 16 0.4508 0.4016 2757 00020 0,0019 0.0022 0.0026 00026 00026 00026 00026 00027 00032 0.0025 17 0 4511 0.4005 2744 00020 00018 0.0022 00030 0.0025 00025 0.0026 00026 00026 00026 0 0024 18 0.4462 0.3984 2803 00020 00018 0.0022 00028 00025 00026 0.0025 00025 00026 00031 00025 19 0.4468 0.3987 2795 00021 0.0018 0,0021 0.0030 0.0025 00025 00025 0.0024 00025 00024 0.0024 20 0.4484 0.4005 2785 00021 00019 00022 0.0032 0.0026 0 0026 0.0026 0 0026 0 0026 0.0026 00026 21 0.4492 04024 2788 00018 00018 0.0022 00027 00025 0.0026 00028 00026 0.0027 00031 00025 22 04476 0.3999 2793 0.0019 00018 00021 0,0027 00025 00025 0.0026 00026 00026 0.0026 00024 23 04471 04000 2801 0.0017 00018 0.0021 0.0031 00027 00025 0.0025 00025 0.0027 0.0031 00026 24 04577 04073 2701 00013 00024 0.0025 0.~031 00029 00029 00030 00030 00030 00029 0.0028 25 04539 04039 2729 00013 00021 0.0025 00028 00029 00034 00029 0.0029 00030 00029 0.0028 n~ _ ~5. ~ ~ _ _ 25 ~ 25 25 __25~1~2~ 25 25 25 J 25 25 ! 25 25 Mean ; 0:00~ otO~'8-' ' i)':~8-20~ 0.0O2 ~0~4' ~-'i);~O~§'"' 0;002~ 0 00~'5/ 0 O0~i 0 00~ ] 0 i~O'~ r~-e;~,a~n 000~" d;bdl~- 00021 ~;o~'~'-'o.--db~5-~ 0.~02~ t~"bb~2~ ~ '60025 I0 0026 ............ I 0 0026 ] 0 0025 o ~ 0.0004 I 00002 i 0.0003 00005 00004 / 00~"~'~-T-~)0003 ! 00003 I 00003 I 00004 i 00002 .~%~ 0_0_0_1_0_ ~ 05~¢ ' 00016 0 001~ ~ 0 o020T~o o'-d2~ ~0021 i~ 00022 ' 0.0(~22 ¢ 00022 CREE~ Data Set 9: 85°C, 500 mA Part Number XLamp XP-G White LEDs (XPGWHT) i Case Temperature IT,] 85°C i Ambient Temperature [T^] 85°C I Drive Current [[FI 500 mA Measurement Current S00 mA Failures obServed None ?D Initial (0 hrs) ' ,~l~~' Lume~ ~l~'~J~nce (%) LF (Im) VF(V) 168 1008 2016 302~ 6048 7056 8064 9072 10080 25 25 25 25 25 25 ~ ~25~ 25 ~ 25 25 25 25 Mean 118.5 3.04 90.9 100.0 t00.2 t00.7 ~ ~ 100.2 ~- 100,7 100,7 100,9 101.0 Median 117.7 3.03 99.6 100.0 100,6 I00.7~'OJ~Ta~ 100.0~1~ 100.9 101.0 100.6 100.7 5.57 0.05 1.60 1.88 1.78 2.24 1~b~ 1.94 .~.31 J 1.85 1.88 2.23 2.42 Min. 106.6 2.98 97.3 96.0 96.2 96.29~~ _,~6.3~ ,~97.9 97.7 97,3 97,3 Max. 129.7 3.21 102.7 103.6 102.8 104.6 103~"3 ,~l ~'"~[~. 5 106. la~l ~'~J~4.5 104.2 105.9 106.6 I I I I I I I I I I I I I I I I CREE Data Set 10: 55°Cf 1000 mA Part Number XLamp XP-G White LEDs (XPGWHT) Case Temperature IT,] 55'C Ambient Temperature [Th] 55°C Drive Current [IF] 1000 mA Measurement Current 1000 mA Failures observed None Initial (0 hrs) Lumen Maintenance (%) ~ LF (Im) i VF (V) i ' Max ' 224.9 ~ 3.33 100.4 i 1006 I 100.0 [ 1012 I 1022 [ 10%9 [ 102.6 1049 ] 1052 ~ 104.1 104.6 CREE Data Set 10: 55°C, 1000 mA Part Number Case Temperature ['r,] Ambient Temperature IT^] Drive Current [IF] Measurement Current Failures observed XLamp XP-G White LEDs (XPGWHT) 55oC 55oc 1000 mA 1000 mA None Initial (0 hfs) Chromaticity Shift (Au'v') ~, CCx CCy CCI 168 1006 2016 3024 4032 5040 6048 7056 I 8064 ! 9072 I 10000 9 0.4539 0,4085 2768 00011 00015 0.0017 0.0019 0.0022 00022 0.0024 00024 0.0024 0.0025 0.0025 25 0.4514 0.4038 2767 0.0006 OOO10 0.0014 0.0014 00014 0.0015 0.0015 n 25 25 25 25 25 25 $'5 25 ; 25 25 20 20 20 20 ~,~ [ --~ 0.00~ o.oo~s 0.00~8 i 0:0~0~'~h0.0022 o.~'~"l 0.00~ 9.0026 I 0.00~6 [ 0.~0 Media_n~, I 0.0011 L_00015 -0001~7 I 00019 ~ 0.0023 0.0024-] 0~025 o J [ O.O002~J 0.0002 0000~ 010073 0.0~)0~ 0;0003 ] 0.0~0~ Max. I I 0.0015~-0.0021 i 0.0024 i 00026 ! 0.002~, 00028 I 0.0029 ~- I I CREE I Data Set 10: 55°C, 1000 mA j P;r~'~u-miD;r xL;mp xP-G Wl~i~:; LE-D;' .......... (XPGWHT) I i Case Temperature [T,] 55°C [ Ambient Temperature [T^] 55°C I Drive Current [IF] Z000 mA I / NF~;uS~r;ombe;etrvCUjrent 1.O;n~O mA j '-*~ Description of LED light source ;ested (manufacturer, model, XLamp ×P G White Initial (0 hrs) ' ~ Lumer~l~_a~t9~nce (%) LF (Im) V~(V} 168 1008 2018 3024~ 6048 7056 6064 60~2 10060 n 25 25 25 25 25 25 ~ 25 2~ 20 20 20 20 Mean 214.4 3.2t 98.7 98.7 98,2 99.2 ~ 99.7 ,,~T.O 101.9 103.1 101.8 102.3 Median 214.4 3.20 98.8 98.9 98.4 99.3 ~r9.,i~a~a 99.7 ~' 10J~li~ 101.9 103.2 1020 102.4 ~ 5.04 0.05 0.99 1.04 1.07 1.16 1.~T9~ ~ 1,41 ~4 m 1.07 0.90 1.03 106 Min. 204.4 3.14 95.8 96.4 98.3 96.4 9~. '_96.4 g~-~ ~ ~.00.0 101.4 99.9 100.4 Max. 224.9 3.33 100.4 100.6 100.0 1012 102.L¢ P'~'~9 102.6 .~ ~I~Q~I.9 105.2 104.1 104,6 CREE Data Set 11: 85°C, 1000 mA Part Number XLamp XP6G White EED; ~xpGWHT) Case Temperature [T~] 85oc Ambient Temperature IT^] 85°C : Drive Current [IF] 1000 mA Measurement Current 1000 mA Failures observed None Initial (0 hrs) Lumen Maintenance (%) ~ LF(Im) VF(V) 168 1008 2016 3024 4032 I 5040 I 6048 ~ 7056 ~ 8064 9072 10080 1 2104 323 100.2 101.9 103.8 103.5 103.0 102.3 99.3 101.9 103,3 1016 972 2 220.0 3.32 993 100.5 101.8 101.6 101.8 101.3 100.4 101.2 1015 101.1 1003 3 204.7 3.16 103.5 1057 108.0 108.1 108.1 108.9 107.5 108.7 109.2 108.7 107.1 4 218.0 3.26 98.4 99.6 101.2 100.9 100.9 100.3 98.9 99.6 100.1 99.7 99.6 5 218.9 3 27 98.1 ~99.3 101;0 "~101.0 100.7 100.3 98.0 99.1 998 99.1 980 6 209.1 3.29 96~6 98.6 990~% : ~' 98.1 98.2 974 96.4 969 979 96.6 971 7 211.8 3.38 98:7, ~, 100.3 1013 ~i00.5 100.5 998 98.9 99.7 99.8 98.6 98.7 8 209.4 3.28 98.5 ' 99.3 101.1 · I1)t2 100.7 101.6 99.8 101.2 101.7 101.3 101.0 9 203,1 328 99.1 I 16;0.7: 102.3 102.0~ 102.2 101.3 99.1 100.5 101.0 101.0 100.3 10 2130 332 97.7 ! ~\, 99:6~ 101.7 101.6! 99.9 100.9 96.5 989 988 98.6 986 106.7 107.6 105.4 106.4 106.9 106.6 103.3 11 206.2 3.16 102.3 105.5;~i: 107.7 107:3 i~', 12 217.4 3.32 98.9 998 1002 99.6;994 98.7 98,6 98.8 994 99.2 990 13 214.9 3.15 101.2 102.1 I ;103.8 1034 103.1 102.5 100.8 101.5 101.5 101.1 99.9 14 216.1 325 98.9 996 101.5 100.8 I~ 109~6 996 99.3 99.1 999 994 99.3 15 215.6 326 98.9 1008 ~ 102.0 101.3 , ~00.9 101.2 1000 100.7 1013 1004 99.9 16 209.0 331 97.8 976 :97.0 995 985 97,9 973 97.7 98.0 97.4 975 17 206.8 329 99.7 100.7 101.8 101.5 101,1 1:100.1 99.5 99.5 99.8 99.5 99.6 18 212.8 3,29 1003 102.3 104.0; ! 103.7 102.2 101.8 100.6 101.4 102.2 1016 101.6 19 213.4 326 99.5 996 100.7 ~992 991 1%99.6 995 99,5 989 98.7 989 20 207.2 331 99.9 101.9 103.9 · 102:0 100.6 I,,,102'895:~ 100.6 101.8 101.9 100.8 101.1 21 215.8 3,27 99.9 97.8 98.6 '96.7 975 · : ~95.4 22 230.7 3.26 98.7 96.7 97,5 964 ,960 960 95,0 23 217.9 3.27 97.4 96.3 96.9 96.4 "'~ 965 951; 942 24 216.6 3.37 99.1 96.1 972 969% 966 ;: 952 95,~ 25 226.2 3.31 99.3 96.9 97.8 97.6 97.? 97.1 96;8 ' Mean 213.7 3.2-~----99.3 / t~-,0 t01.3 100.8 1~0!~ ii 1~0~2~ ~'._'0_ ~t t00:.'¢_ 10t.1_ j 100~ ~ 09.9 Median 213.,~-'1 3.28 99.1 ~ 99.~I 101.--§' T 101.~ --l~:L6*'i~~ 100.1 [ 100~ I 100.1-L 99.6 ~ o 6~ 0;06 1.48 ] ~- [- ~-9~- ~ ~ I~ I ~3;36 J 2.94 ~,~ ~--- 2.77 '- ~-7~- i 228 Min. ~)-~:~' §~ 96.6 ~-~~-~9¢.~, _9~4.2' 9~9~-~--~7~'-1-97.1 Max. :~ 103.5 I 105.7 I lO&O i 108~ I 108.1 :;' 108~9:1,I 1075 108.7 I 109.2/ 108% ~ I I I I I I CREE~ Data Set 11: 85°C, 1000 mA Part Number XLamp XP-G White LEDs (XPGWHT) Case Temperature [T~] 85°C Ambient Temperature [TA] 85~C Drive Current [IF] 1000 mA Heasurement Current 1000 mA Failures observed None Initial (0 hrs) Chromaticity Shift (Au'¥') ~'~- -I i 0.0016 [-0.0023 ] 0.0028 i 0.002~, "0.003t J 0.0031 0.0032 ; 0.0034~J 0.0035 L 0.0034 [ 0.0035 ~e~ian .... ~_~--~--'- - 0.0016 I O00~'~-~[--~.d~29'~ ¢~'00030 ~-~ ~-~ 00~4 ~ i ~ O000 I 0000 00002 ~ o.odb2 O~i--5;OdO~~' 00002 [ Min ~ [ 0.0013 ] 00020 ~0.0025'-~ 0.0027; 00028 ~ 00028 ~0029 ~ 00032 00032 ] OOO3 [ 0.0031 CREE Data Set 11: 85°C, 1000 mA Part Number XLamp XP-G White LEDs (XPGWHT} Case Temperature [T,] 85oC , Ambient Temperature IT^] 85°C Drive Current []~] 1000 mA Heasurement Current 1000 mA Failures observed None ~escdption of LED light source :ested Imanuf~cturer, model, XLamp Xp.G Whit~ ;atalog number, etc ) Data Set 1: Median 213.4~ 3.2g 99.~ I~!o~.a I ~o~.o ~ *oo~ ~~~~[~ ~n7 ~ ~g' ~ [ 96.1 I ~W-i ~ 9~:~ ~- ~969 [ 97~ ~ 968~ 97.1 I I I CREE Data Set 12: 105°C, 1000 mA Part Number XLamp XP-G White LEDs (XPGWHT) Case Temperature iTs] 105°C Ambient Temperature [T^] 105°C Drive Current [Ir] 1000 mA Measurement Current 1000 mA Failures observed None Initial j0 hfs Lumen Maintenance % ~ LF (Im)r VF (V) 168 [ 1008 2016 3024 4032 ] 5040 6048 1 2211 3.18 101 8 1013 102.5 1008 101.6 962 99.3 2 221.7 3.19 996 99.8 1000 99.8 981 98.1 97.9 3 216.8 3.34 1016 99.9 998 98.5 984 96.6 97.4 4 226.7 329 991 98.9 987 978 97.2 999 96.7 5 2289 3.15 99.8 98.7 997 977 97.7 984 96.6 6 2230 3.24 998' 97.9 98.2 973 96.6 963 95.9 7 221.8 3.19 1007 1080 99.6 ' 984 976 972 969 9 224.9 319 101.2 99,5 100.2 I 98.7 985 98.0 973 9 2219 3 20 990 92.3 984 97.5 964 96.9 96 3 10 224.4 319 1007 99.0 999 99.1 990 99.4 959 11 2186 322 1006 968 995 98.4 988 94.2 966 12 2186 319 100.5 gg,8 99.0 98:2 97.5 97.6 973 13 2096 3.17 1020 102.3 1028 101,7 102.~ 976 98.3 14 225.2 3.18 997 180.2 t003 89.9 99.0 989 98.6 15 220.8 3.18 985 97.8 98,3 97.2 9(i,9 95.5 95.9 16 223.3 329 990 97.3 972 96.6 95 6!:; 95.5 95.0 17 2229 318 98.3 95.9 97.1 95.8 94;2 ,: 93.9 936 18 2275 3 15 99.0 97.8 96 9 96.3 96.0 g~39 943 19 2186 329 102.7 103.0 1029 10/,6 1013 10'~.0 100.2 20 2216 326 100.8 997 1009 98.9 985 97.7 96 1 21 2145 326 100.4 1052 103.9 1001 984 99.8 989 22 218.7 326 1002 1009 103.4 ff015 99.3 1002 23 2108 3 25 99.0 99.9 100.7 100.6 998, 10f3~7 1001 24 2133 323 99.1 1019 1044 104.7 1035: 102.0; 100.0 25 2149 325 98.6 988 1035 103.0 1020 100.6 1000i o . J 005 1.18 2.15 221 2.17 I 222~ 2.,2,5 87 CREE Data Set 12: 105°C, 1000 mA Part Number XLamp XP-G White LEDs (XPGWHT) Case Temperature [T,] 105oc Ambient Temperature IT^] 105°C Drive Current [IF] 1000 mA Measurement Current 1000 mA Failures observed None Initial (0 hrs/ Chromaticity Shift ~ CCx CCy CCT 168 1008 2016 3024 4032 ~ 5040 I 6048 1 04494 0.4009 2773 0.0017 00027 0.0031 0.0031 0.0030 0.0032 0.0034 2 04528 0.4045 2751 0.0016 00026 0.0029 0.0030 0.0030 0.0031 00032 3 0,4619 0.4036 2758 0.0016 0.0027 0.0030 0.0031 0.0030 0.0031 0.0031 4 04486 0.4011 2788 0.0018 00029 0.0033 0.0033 0.0033 00033 0.0032 5 04515 04035 2704 0~0017 00027 0.0031 00032 00031 00032 00032 6 04527 0.4036 2745" 00015 00024' 0~0028 0.0029 0.0029 0.0031 00032 7 04519 0.3991 2719 ~0,0018 00028 ~ 6.D031 0.0032 0.0031 0,0032 00034 8 04539 0.4023 2716 -~(].001,7 0.0027 ,0:6031 0,0030 0.0030 0.0032 0.0034 9 04531 0.4038 2741 0~001 ~* 0.0025 0.0029 0,0029 0.0030 0.0031 0.0032 ~0 0.4509 0.4006 2747 0.00~ 7¢ 0.0029 0~0081 0.0030 0.0030 00032 0.0034 11 04487 0.4028 2800 0:~19 60.0037 00033~ 0.0033 00031 00031 00030 12 04525 0.4027 2740 O.OO]? ~0026 0.0030 0,0029 0.0030 00031 0.0032 13 04525 0.4048 2759 0.0017 00027 0.00~~ 0.0030 0.0030 0.0030 0.0030 14 04496 0.4022 2781 0.0016 ~00~ 0.0029 00028 0.0029 0.0032 0.0034 15 0.4520 0.4026 2747 0.0015 O.OO2~~ 0.0027 0;0028 0.0028 0.0031 0.0033 16 0.4509 0 4034 2771 0.0020 0,0031 0.0034 0.00~ 0,0033 0,0032 0.0031 17 0.4501 04019 2772 0.0016 0.002~ 0.0027 0.0028 0.0029 0,0032 0.0034 18 04489 04018 2789 0.0017 0.0027 0.0831 0.0030 0.0030 0,0031 0.0031 19 04541 04846 2733 00018 00029 0~0032 0.0032 0.0030 0.0031 0.0031 20 04516 0.4018 2747 0.0017 00027 00029 0.0029 0.~29 0.0031 0.0033 21 04594 0.4094 2694 0.0020 0,0034 0.00~7 0.0029 :8,0028 0.0028 0.0030 22 04600 0.4095 2686 0.0020 0,0029 0.0036 0.0030 0~0028 0~0029 0.0031 23 04595 0.4109 2705 0.0016 00031 00030 0;0~8 0.0028 0.0029 0.0031 24 04519 0.3970 2701 0.0018 0.0025 0.0030 ' 0;003~;' 0.0038' 0.0029 0.0031 25 0.4535 0.4009 2710 0.0019 0.0027 0.0034 , 0.00351 ' 0.0036 0.00~ f~ 0.0036 n 25 ~ 25 25 25 25 25 ¢ 28 25 25 25 Sin ~ , 0.0015~0.0024 ~ 0.0027 ]-~~¢ ~'.'~03¢ I I CREE~ I ,Data Set 12: 105°C, 1000 mA Part Number I Case Temperature [T,] Ambient Temperature IT,] Drive Current IT,] I Measurement Current Failures observed None I i Ma~ - I I I I I I XLamp XP-G White LEDs (XPGWHT) 105oC 105oC 1000 mA 1000 mA LF (Im), VF (V) 168 1008 2016 3024 4032 5040 6048 22b~-4 3;2'2'] t00.1 9¢~9 ] t00.3 I ~'~.2- r-~E~L 97~ 5.dl dO~ 8 2 "5 : 221 ~:IF ] ~[-225 289~ ~:~5 98.3 95~ 98.9 . 9~'8 : f 939 2289 3.34 1027 ~ 1052 ~ 1044 ~ 104.7 ~ 10~5 ~ ~02.0 ~ 100~ LM-79 Test Report GE Consumer and Industrial - Lighting Engineering Support Operations 1975 Noble Rd East Cleveland, OH 44112 Test Request Number PTLED11E02071 Lamp specifics: NVLAP Lab Code: 100398-0 Luminaire ERS10AXCX540 Lamp N/A Test Requester Abby McKain Sample Size 1 Date of Tests 8/10/11 Current Burn Time 0 hr Rated Lumens 3200 Lumens Watts 4-3 Watts Orientation HOR, tens down Rated Voltage 120V AC Beam Angle N/A CRI > 65 CCT 4000K Nominal Test Purpose: Electrical and Photometric tests as required by IESNA LM-79 test standard Standards used: IESNA LM-16-1995 Practical Guide to Colorimetry of Light Sources IESNA LM-20-1994 Photometric testing of reflector type lamps IESNA LM-58- 1994 Spectroradiometric Measurements tESNA LM-79-2008 Approved method for the Electrical and Photometric Measurements of Solid-State Lighting Products CIE Pub. 13.3~1995 Method of measuring and Specifying Color Rendering of Light Sources CIE Pub 15-2004 Method of measuring and Specifying Color Rendering of Light Sources ANSI C82 2-2002 Ballast for Fluorescent Lamps-Methods for Measurement ANSI C82.77-2002 Harmonic Emission Limits- Related Power Quality Requirements for Lighting Equipment Disclaimers: Recommended angle sets and spatial averging information are from LM-10-96 and LM-31-95. Goniometric data values for vertical angles of 90 degrees and above are zeroed by construction per normal laboratory practice and interpretation of LM-31-95. BUG lumen rating limits based on TM-15-11. This repod must not be used by the customer to claim product certification, approval or endorsement by NVLAP, NIST or any agency of the federal government. In addition to NVLAP LM-79 certification, the laboratory that conducted the testing detailed in this report had been Qualified, Verified, and Recognized for LM-79 Testing for ENERGY STAR for SSL by US DOE's CALIPER program. htr p://www 1 .eere.enerqy.qov/buildinqs/ssl/test labs.html Measurements performed by one or more of the following authorized operators: Mike Wise, Bob SchalI,Jeff Demirjian, Chuck Smienski, Janette Taylor, Ellie Staso,Tim Caputa Repod prepared by: Rebecca Ackerman e-mail: phone: Report was checked and issued by Mihaly Kotrebai Ph.D. Senior Scientist mihaly kotrebai~,qe com 216-266-8958 Page 1 of 12 LM-79 Test Report GE Consumer and Industrial - Lighting Engineering Support Operations 1975 Noble Rd. East Cleveland, OH 44112 Test Request Number PTLEDI 1 E0207'1 Instrumentation NVLAP Lab Code: 100398-0 Goniometry instrumentation: LSI High Speed Moving Mirror goniophotometer - 25' Test distance Yokogawa 2010 Digital power meter or equivalent California Instrument Model 4500 AC power source Calibrated mercury thermometer Lambda Gen 1 1500W DC power source Keithley Digital multimeter Calibrated Shunt resistor NIST 300W A-line luminous Flux and Spectral Flux Standard omni-directional source (NIST certificate #: 844/274170-07) Sphere Spectroradiometry instrumentation: OL 770 Spectroradiometer, 50 micron slit, FWHM = 2nm Yokogawa 2010 Digital power meter or equivalent Pacific AT series AC power source or equivalent Calibrated mercury thermometer Sorensen DLM 150-4 DC power source Agilent 34970 Data Acquisition unit Calibrated Shunt resistor 3 meter sphere with high reflectance coating NIST 300W A-line luminous Flux and Spectral Flux Standard omni-directional source (NIST certificate #: 844/274170-07/2) Test objective: Goniometric measurement: Measure distribution photometry and input electrical parameters and report candela distribution, calculated lumen output, voltage (V), current (A) and power (VV) Sphere spectroradiometric measurement: Measure sphere photometry and input electrical parameters and report the total flux output (lumens), Correlated Color Temperature (CCT), Color Rendering Index (CRI), Chromaticity Coordinates (x,y), Spectral Power Distribution (SPD), voltage (V), current (A) and power (VV) Page 2 of 12 LM-79 Test Report GE Consumer and Industrial - Lighting Engineering Support Operations 1975 Noble Rd. East Cleveland, OH 44112 Test Request Number PTLEDI 1 E02071 NVLAP Lab Code: 100398-0 Test Procedures and conditions: Goniometry: Electrical conditions and physical orientation were set as required by the lamp manufacturer or the customer Ambient temperature was controlled at 25+/-1 degree Celsius and measured at the approximate height of the sample mounted on the Goniometer equipment Calibration was based on National Institute of Standards and Technology certified total luminous flux standard and maintained by a set of incandescent reflector working standard laps Lamps were stabilized per LM-79 requirements LSI type C High Speed Mirror Goniometer was used to measure intensity (candela) at each angle of distribution Burn time during testing for each lamp: 2 Hours Stabilization time during testing for each lamp: 2 Hours Sphere Spectroradiometry: Electrical conditions and physical orientation were set as required by the lamp manufacturer or the customer Ambient temperature was controlled at 25+/-1 degree Celsius and measured inside of the sphere, shielded from direct radiation of the lamp Calibration was based on National Institute of Standards and Technology certified total spectral flux standard and maintained by a set of incandescent working standard lamps. Lamps were stabilized per LM-79 requirements Optronic 770 Spectroradiometer attached to a 3 meter sphere painted with high reflectance paint was used to measure correlated color temperature, chromaticity coordinated, color rendering index, total luminous flux, and spectral power distribution. Sphere measurement was set up in 4'rr geometry and used continuous self-absorption correction. Burn time during testing for each lamp: 2 Hours Stabilization time during testing for each lamp: 2 Hours Spatial correction factor applied to lamp measurement: 1 Page 3 of 12 LM-79 Test Report GE Consumer and Industrial - Lighting Engineering Support Operations 1975 Noble Rd. East Cleverand, OH 44112 Test Request Number PTLEDI 1E02071 NVLAP Lab Code: 100398-0 Average Sphere Spectroradiometry Test Data: Lamp Lamp Lamp Power Volts Current Watts FactorlLumensI LPWI CCX I CCY I u' I v' I Duv I CCTI CRI I SIP ITHD 40, AI 20 0.358 420 099 3 88 748 03745 03749 02219 04999 00009 4153 785 166 83% Spectral Power Distribution 00700 0.0600 0.0500 0.0400 0.0300 00200 0 0100 0 0000 , .......... 380 420 460 500 540 580 620 660 700 740 780 nm nm Watts/nm nm Watts/nm nm Watts/nm nm Watts/nm nh, Watts/nh, 380 0.00020 465 0.03571 550 0.04965 635 0.03689 720 0.00572 385 0.00023 470 0.02902 555 0.05069 640 D.03430 725 0.00501 390 0.00023 475 0.02368 560 0.05146 645 D.03180 730 0.00434 395 0.00023 480 0.01906 565 0.05220 650 3.02904 735 0.00384 400 0.00035 485 0.01657 570 0.05284 655 3.02659 740 0.00334 405 0.00046 490 0.01535 575 0.05320 860 3.02414 745 0.00284 410 0.00077 495 0.01536 580 0.05340 665 0.02180 750 0.00246 415 0.00135 500 D.01685 585 0.05324 670 0.01966 755 0.00213 420 0.00278 505 3.02003 590 0.05286 875 0.01757 760 0.00184 425 0.00550 510 3.02412 595 0.05212 880 0.01568 765 0.00164 430 0.01011 515 3.02872 600 0.05103 885 0.01399 770 0.00136 435 0.01679 520 0.03308 605 0.04959 590 0.01238 775 0.00118 440 0.02524 ,525 0.03717 610 0.04807 S95 0.01092 780 0.00103 445 0.03790 530 0.04076 615 0.04612 700 0.00960 450 0.05369 535 0.04374 620 0.04403 705 0.00852 455 0.05968 540 0.04606 825 0.04183 710 0.00747 460 0.04816 545 0.04807 830 0.03940 715 0.00652 Page 4 of 12 I I I I I I I I I LM-79 Test Repor~t GE Consumer and industrial - Lighting Engineering Support Operations 1975 Noble Rd East Cleveland, OH 44112 Test Request Number PTLED'I 1 E02071 CIE 193'1 x,y Chromaticity Diagram NVLAP Lab Code: 1003980 09 0.8 0.7 0.6 05 04 03 02 0.1 O0 -0.1 0.0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 Page 5 of 12 LM-79 Test Report GE Consumer and Industrial - Lighting Engineering Support Operations 1975 Noble Rd. East Cleveland, OH 44112 Test Request Number PTLED11E02071 NVLAP Lab Code: 100398-0 Average Goniometry Test Data: Volts Amps Watts Power Factor 120 0.3582 42.65 0.99 Flux Distribution Percent Lumens of Luminaire Downward Street Side 2539 79.0 Downward House Side 675 21.0 Downward Total 3214 100 Upward Street Side 0 0 Upward House Side 0 0 UpwardTotal 0 0 Total Flux 3214 100 Lum. Classification System (LCS) LCS Zone Lumens %Lum FL (0-30} 403.8 12.6 FM (30-60) 1449.9 45.1 FH (60-80) 649.7 20.2 FVH (80-90) 35.6 1.1 BE (0-30) 247.4 7.7 BM (30-60) 303.4 9.4 BE (60-80) 121.8 3.8 BVH (80-90) 2.4 O. 1 UL (90-100) 0 0 UR (100-'180) 0 0 Total 3214 1 00.0 BUG Rating: B1-UO-G1 Page 6 of 12 I I I I I I I I I I I I I I I I I I I 0 2 LM-79 Test Report. GE Consumer nnd Industrial - Lighting Engineering Support Operntions 1975 Noble Rd East Cleveland, OH 44112 Test Request Number PTLEDI 1 Isotines (MH basis at 25 feet) 0 1 2225 3375 Polar Curves 09 08 07 of 05 O~ NVLAP Lab Code: 100398--0 Coefficient of Utilization Graph LCS Graph 1 O0 90 80 SS Back -IS 4 5 Page 7 of 12 3o Up!ighl 90 80 ? 8O 3O LM-79 Test Report GE Consumer and Industrial - Lighting Engineering Support Operations 1975 NobJe Rd. East Cleveland, OH 441 12 Test Request Number PTLED1 IEO2071 NVLAP Lab Code: 100398-0 Individual Lamp Data (Sphere): File InputV01tage LampCuffent P0wr Lumin0usFlux LPW CCX CCY CCT CRI TH0(40, A) 11E02D71-^02720110810.spd 120.0 0.358 42.6 3188.1 748 0.3745 0.3749 4153 78.5 83% Page 8 of 12 LM-79 Test Report GE Consumer and Industrial - Lighting Engineering Support Operations 1975 Noble Rd. East Cleveland, OH 44112 Test Request Number PTLEDIIE0207'I Average Lamp Data (Gonio): NVLAP Lab Code: 100398-0 Page 9 of 12 LM-79 Test Report GE Consumer and Industrial - Lighting Engineering Support Operations 975 Noble Rd. East Cleveland, OH 44112 Test Request Number PTLEDI IE02071 NVLAP Lab Code: 100398-0 Page 10 of 12 LM-79 Test Report GE Consumer and Industrial - Lighting Engineering Support Operations 1975 Noble Rd. East Cleveland, OH 44112 Test Request Number PTLED11E02071 NVLAP Lab Code: 100398-0 Page 11 of 12 LM-79 Test Report GE Consumer and Industrial - Lighting Engineering Support Operations 1975 Noble Rd. East Cleveland, OH 44112 Test Request Number PTLED11E02071 NVLAP Lab Code: 100398-0 Page 12 of 12 I I I I I I I I I I I I I I I I I I I LM-79 Test Report GE Consumer and Industrial - Lighting Engineering Support Operations 975 Noble Rd. East C~eveland, OH 44112 Test Request Number PTLEDI 1E02069 Lamp specifics: NVLAP Lab Code: 100398-0 Luminaire ERS10CXCX540 Lamp N/A Test Requester Abby McKain Sample Size 1 Date of Tests 8/10/11 Current Burn Time 0 hr Rated Lumens 5200 Lumens Watts 67 Watts Orientation HOR, lens down Rated Voltage 120V AC Beam Angle N/A CRI > 65 CCT 4000K Nominal Test Purpose: Electrical and Photometric tests as required by IESNA LM-79 test standard Standards used: IESNA LM-16-1995 Practical Guide to Colorimetry of Light Sources I ESNA LM-20-1994 Photometric testing of reflector type lamps I ESNA LM-58- 1994 Spectroradiometric Measurements IESNA LM-79-2008 Approved method for the Electrical and Photometric Measurements of Solid-State Lighting Products CIE Pub. 13.3-1995 Method of measuring and Specifying Color Rendering of Light Sources CIE Pub. 15-2004 Method of measuring and Specifying Color Rendering of Light Sources ANSI C82.2-2002 Ballast for Fluorescent Lamps-Methods for Measurement ANSI C82.77-2002 Harmonic Emission Limits- Related Power Quality Requirements for Lighting Equipment Disclaimers: Recommended angle sets and spatial averging information are from LM-10-96 and LM-31-95. Goniometric data values for vertical angles of 90 degrees and above are zeroed by construction per normal laboratory practice and interpretation of LM-31-95. BUG lumen rating limits based on TM-15-11. This report must not be used by the customer to claim product certification, approval or endorsement by NVLAP, NIST or any agency of the federal government, In addition to NVLAP LM-79 certification, the laboratory that conducted the testing detailed in this report had been Qualified, Verified, aod Recognized for LM-79 Testing for ENERGY STAR for SSL by US DOE's CALIPER program. http://wwwl.eere.enerqy.qov/buildinqs/ssl/test labs.html Measurements performed by one or more of the following authorized operators: Mike Wise, Bob SchalI,Jeff Demirjian, Chuck Smienski, Janette Taylor, Ellie Staso,Tim Caputa Report prepared by: Rebecca Ackerman e-mail: phone: Report was checked and issued by Mihaly Kotrebai Ph.D. Senior Scientist mihaly.kotrebaiO, qe.com 216-266-8958 Page 1 of 12 LM-79 Test Report GE Consumer and Industrial - Lighting Engineering Support Operations 1975 Noble Rd. East Cleveland, OH 44112 Test Request Number PTLEDI1E02069 Instrumentation NVLAP Lab Code: 100398-0 Goniometry instrumentation: LSI High Speed Moving Mirror goniophotometer - 25' Test distance Yokogawa 2010 Digital power meter or equivalent California Instrument Model 4500 AC power source Calibrated mercury thermometer Lambda Gen 1 1500W DC power source Keithley Digital multimeter Calibrated Shunt resistor NIST 300W A-line luminous Flux and Spectral Flux Standard omni-directional source (NIST certificate #: 844/274170-07) Sphere Spectroradiometry instrumentation: OL 770 Spectroradiometer, 50 micron slit, FWHM = 2nm Yokogawa 2010 Digital power meter or equivalent Pacific AT series AC power source or equivalent Calibrated mercury thermometer Sorensen DLM 150-4 DC power source Agilent 34970 Data Acquisition unit Calibrated Shunt resistor 3 meter sphere with high reflectance coating NIST 300W A-line luminous Flux and Spectral Flux Standard omni-directional source (NIST certificate #: 844/274170-07/2) Test objective: Goniometric measurement: Measure distribution photometry and input electrical parameters and report candela distribution, calculated lumen output, voltage (V), current (A) and power (W) Sphere spectroradiometric measurement: Measure sphere photometry and input electrical parameters and report the total flux output (lumens), Correlated Color Temperature (CCT), Color Rendering Index (CRI), Chromaticity Coordinates (x,y), Spectral Power Distribution (SPD), voltage (V), current (A) and power (W) Page 2 of 12 I I I I I I ! I I I I I I I ! I I .I LM-79 Test Report GE Consumer and Industrial - Lighting Engineering Support Operations 1975 Noble Rd. East Cleveland, OH 44112 Test Request Number PTLED11Eg2069 NVLAP Lab Code: 100398-0 Test Procedures and conditions: Goniometry: Electrical conditions and physical orientation were set as required by the lamp manufacturer or the customer Ambient temperature was controlled at 25+/-1 degree Celsius and measured at the approximate height of the sample mounted on the Goniometer equipment Calibration was based on National Institute of Standards and Technology cer[ified total luminous flux standard and maintained by a set of incandescent reflector working standard laps Lamps were stabilized per LM-79 requirements LSl type C High Speed Mirror Goniometer was used to measure intensity (candela) at each angle of distribution Burn time during testing for each lamp: 2 Hours Stabilization time during testing for each lamp: 2 Hours Sphere Spectroradiometry: Electrical conditions and physical orientation were set as required by the lamp manufacturer or the customer Ambient temperature was controlled at 25+/-1 degree Celsius and measured inside of the sphere, shielded from direct radiation of the lamp Calibration was based on National Institute of Standards and Technology certified total spectral flux standard and maintained by a set of incandescent working standard lamps. Lamps were stabilized per LM-79 requirements Optronic 770 Spectroradiometer attached to a 3 meter sphere painted with high reflectance paint was used to measure correlated color temperature, chromaticity coordinated, color rendering index, total luminous flux, and spectral power distribution. Sphere measurement was set up in 4~T geometry and used continuous self-absorption correction. Burn time during testing for each lamp: 2 Hours Stabilization time during testing for each lamp: 2 Hours Spatial correction factor applied to lamp measurement: 1 Page 3 of 12 LM-79 Test Report GE Consumer and Industrial - Lighting Engineering Support Operations 1975 Noble Rd. East Cleverand, OH 44112 Test Request Number PTLEDI'IE02069 NVLAP Lab Code: 100398-0 Average Sphere Spectroradiometry Test Data: Lamp Lamp Lamp Power 120 0.564 67.4 1.00 5302.6 78.7 0.3717 03655 02238 04952 -0 0027 4 70 78.0 164 5.5% I I I I I Spectral Power Distribution 0.1200 0.1000 0,0800 00600 0.0400 0.0200 0.0000 380 420 460 500 540 580 620 660 700 740 780 nm I I I I I I nm Watts/nm nm Watts/nm nm Watts/nm nm Watts/nm nm Watts/nm I I I I I Page 4 of 12 I I L~P79 Tes~ GE Consumer and Industrial - Lighting Engineering Support Operations 1975 Noble Rd East Cleveland, OH 44112 Test Request Number PTLEDllE02069 NVLAP Lab Code: 100398.-0 CIE 1931 x,y Chromaticity Diagram 09 08 07 06 O5 04 03 0.2 0,1 00 ! ! -01 0,0 0.1 02 03 04 05 0.6 07 08 Page 5 of 12 LM-79 Test Report GE Consumer and Industrial - Lighting Engineering Support Operations 1975 Noble Rd. East Creveland, OH 44112 Test Request Number PTLEDt 1E92069 NVLAP Lab Code: 100398-0 Average Goniometry Test Data: 120 Flux Distribution Downward Street Side 4230 79.0 Downward House Side 11;22 21.0 Downward Total 5352 1 O0 Upward Street Side 0 0 Upward House Side 0 0 U pwardTotal 0 0 Total Flux 5352 1 O0 Lum. Classification System (LCS) LCS Zone Lumens °/o L u m FL (0-30) 665.7 12.4 FM (30-60) 2441.7 45.6 FH (60-80) 1063.5 19.9 FVH (80-90) 58.9 1.1 BE (0-30) 415.9 7.8 BM (30-60) 502.1 9.4 BH (60-80) 200.2 3.7 BVH (80-90) 3.8 0.1 UL (90-100) 0 0 UH (100-180) 0 0 Total 5352 100.0 BUG Rating: BI-UO-GI Page 6 of 12 I I I I I I I I I I I I I I I I I I I Lf~79 Test Report GE Consumer and Industrial - Lighting Engineering Support Operations 1975 Noble Rd East Cleveland, OH 44112 Test Request Number PTLEDI 1E02089 NVLAP Lab Code: 100398-0 Isolines (MH basis at 25 feet) 175 -. 2 275 3 5 0 1 2 225 3 375 4 5 Coefficient of Utilization Graph 0¢ 2__2___( O0 0 1 2 3 4 5 Polar Curves LCS Graph gO 25O0 1875 1250 625 90 O0 ~0 3O 3O Page 7 of 12 LM-79 Test Report GE Consumer and Industrial - Lighting Engineering Support Operations 1975 Noble Rd. East Cleveland, OH 44112 Test Request Number PTLEDI 1 E02069 NVLAP Lab Code: 100398-0 Individual Lamp Data (Sphere): File InputVoltage Lamp Current Povmr LurninousFlux LPW CCX CCY CCT CRI THD(40, A} 11EO2069-AO15201100IO.spd 120.0 0.564 67.4 5302.6 78.7 0.3717 0.3655 4170 78.0 5.5% Page 8 of 12 LM-79 Test Report GE Consumer and Industrial - Lighting Engineering Support Operations 1975 Noble Rd. East Cleveland, OH 44112 Test Request Number PTLEDIIE02069 NVLAP Lab Code: 100398-0 Average Lamp Data (Gonio): Page 9 of 12 LM-79 Test Report GE Consumer and Industrial - Lighting Engineering Support Operations 1975 Noble Rd. East Cleveland, OH 44112 Test Request Number PTLEDII E02069 NV[AP Lab Code: 100398-0 Page 10 of 12 LM-79 Test Report GE Consumer and Industrial - Lighting Engineering Support Operations 1975 Noble Rd. East Cleveland, OH 44112 Test Request Number PTLEDI 1E02069 NVLAP Lab Code: 100398-0 Page 11 of 12 LM-79 Test Report GE Consumer and Industrial - Lighting Engineering Support Operations 1975 Noble Rd. East Cleveland, OH 44112 Test Request Number PTLEDI IE02069 NVLAP Lab Code: 100398-0 Page 12 of 12 LM-79 Test Report GE Consumer and Industrial - Lighting Engineering Support Operations 1975 Noble Rd. East Cleveland, OH 44112 Test Request Number PTLED11 E02323 Lamp specifics: NVLAP Lab Code: 100398-0 Luminaire ERS20HXCX540 Lamp N/A Test Requester Abby McKain Sample Size 1 Date of Tests 8/10/11 Current Burn Time 0 hr Rated Lumens 10300 Lumens Watts 130 Watts Orientation HOR, lens down Rated Voltage 120V AC Beam Angle N/A CRI > 65 CCT 4000K Nominal Test Purpose: Electrical and Photometric tests as required by IESNA LM-79 test standard Standards used: IESNA LM-16-1995 Practical Guide to Colorimetry of Light Sources IESNA LM-20-1994 Photometric testing of reflector type lamps I ESNA LM-58- 1994 Spectroradiometric Measurements IESNA LM-79-2008 Approved method for the Electrical and Photometric Measurements of Solid-State Lighting Products CIE Pub. 13.3-1995 Method of measuring and Specifying Color Rendering of Light Sources CIE Pub. 15-2004 Method of measuring and Specifying Color Rendering of Light Sources ANSI C82.2-2002 Ballast for Fluorescent Lamps-Methods for Measurement ANSI C82.77-2002 Harmonic Emission Limits- Related Power Quality Requirements for Lighting Equipment Disclaimers: Recommended angle sets and spatial averging information are from LM-10-96 and LM-31-95. Goniometric data values for vertical angles of 90 degrees and above are zeroed by construction per normal laboratory practice and interpretation of LM-31-95. BUG lumen rating limits based on TM-15-11. This report must not be used by the customer to claim product certification, approval or endorsement by NVLAP, NIST or any agency of the federal government. In addition to NVLAP LM-79 certification, the laboratory that conducted the testing detailed in this report had been Qualified, Verified, and Recognized for LM-79 Testing for ENERGY STAR for SSL by US DOE's CALIPER program, http://wwwl .eere.enerqy.qov/buildinqs/ssl/test labs.html Measurements performed by one or more of the following authorized operators: Mike Wise, Bob SchalI,Jeff Demirjian, Chuck Smienski, Janette Taylor, Ellie Staso,Tim Caputa Report prepared by: Rebecca Ackerman e-mail: phone: Report was checked and issued by Mihaly Kotrebai Ph.D. Senior Scientist mihaly.kotrebai~,,qe.com 216-266-8958 Page 1 of 12 LM-79 Test Report GE Consumer and Industrial - Lighting Engineering Support Operations 975 Noble Rd. East Cleveland, OH 44112 Test Request Number PTLEDI IE82323 Instrumentation NVLAP Lab Code: 100398-0 Goniometry instrumentation: LSI High Speed Moving Mirror goniophotometer- 25' Test distance Yokogawa 2010 Digital power meter or equivalent California Instrument Model 4500 AC power source Calibrated mercury thermometer Lambda Gen 1 1500W DC power source Keithley Digital multimeter Calibrated Shunt resistor NIST 300W A-line luminous Flux and Spectral Flux Standard omni-directional source (NiST certificate #: 844/274170-07) Sphere Spectroradiometry instrumentation: OL 770 Spectroradiometer, 50 micron slit, FWHM = 2nm Yokogawa 2010 Digital power meter or equivalent Pacific AT series AC power source or equivalent Calibrated mercury thermometer Sorensen DLM 150-4 DC power source Agilent 34970 Data Acquisition unit Calibrated Shunt resistor 3 meter sphere with high reflectance coating NIST 300W A-line luminous Flux and Spectral Flux Standard omni-directional source (NIST certificate #: 844/274170-07/2) Test objective: Goniometric measurement: Measure distribution photometry and input electrical parameters and report candela distribution, calculated lumen output, voltage (V), current (A) and power (VV) Sphere spectroradiometric measurement: Measure sphere photometry and input electrical parameters and report the total flux output (lumens), Correlated Color Temperature (CCT), Color Rendering Index (CRI), Chromaticity Coordinates (x,y), Spectral Power Distribution (SPD), voltage (V), current (A) and power (W) Page 2 of 12 LM-79 Test Report GE Consumer and Industrial - Lighting Engineering Support Operations 1975 Noble Rd. East Cleveland, OH 44112 Test Request Number PTLED'I'I E02323 NVLAP Lab Code: 100398-0 Test Procedures and conditions: Goniometry: Electrical conditions and physical orientation were set as required by the lamp manufacturer OF the customer Ambient temperature was controlled at 25+/-1 degree Celsius and measured at the approximate height of the sample mounted on the Goniometer equipment Calibration was based on National Institute of Standards and Technology certified total luminous flux standard and maintained by a set of incandescent reflector working standard laps Lamps were stabilized per LM-79 requirements LSI type C High Speed Mirror Goniometer was used to measure intensity (candela) at each angle of distribution Burn time during testing for each lamp: 2 Hours Stabilization time during testing for each lamp: 2 Hours Sphere Spectroradiometry: Electrical conditions and physical orientation were set as required by the lamp manufacturer or the customer Ambient temperature was controlled at 25+/-1 degree Celsius and measured inside of the sphere, shielded from direct radiation of the lamp Calibration was based on National Institute of Standards and Technology certified total spectral flux standard and maintained by a set of incandescent working standard lamps. Lamps were stabilized per LM-79 requirements Optronic 770 Spectroradiometer attached to a 3 meter sphere painted with high reflectance paint was used to measure correlated color temperature, chromaticity coordinated, co~or rendering index, total luminous flux, and spectral power distribution. Sphere measurement was set up in 4'rr geometry and used continuous self-absorption correction. Burn time during testing for each lamp: 2 Hours Stabilization time during testing for each lamp: 2 Hours Spatial correction factor applied to lamp measurement: 1 Page 3 of 12 LM-79 Test Report GE Consumer and Industrial - Lighting Engineering Support Operations 1975 Noble Rd. East Cleveland, OH 44112 Test Request Number PTLED11 E02323 NVLAP Lab Code: 100398-0 Average Sphere Spectroradiometry Test Data: Lamp Lamp Lamp Power I I I I I I Volts Current Watts Factor Lumens LPW CCX CCY u' v' I Duv ,CCTI CRI , SIP ITHD(4OrA)' 20 1079 1292 O0 0 026 782 03725 0.3668 0.2238 0.4959 -0.0023 4 56 77.4 1.62 4.9% Spectral Power Distribution 0,2500 0.2000 0.1500 0.1000 0.0500 0.0000 380 420 460 500 540 580 620 660 700 740 780 nm nm Watts/nm 380 10.00094 385 0.00080 390 0.00083 395 0.00122 400 0.00156 405 0.00229 410 0.00378 415 0.00715 420 0.01461 425 10.02795 430 0.04949 435 0,07732 440 0.11359 nm Watts/nm 465 0.09541 470 0.07361 475 0.05653 480 0.04632 485 0.04077 490 0.03908 495 0.04142 500 0,04894 505 0.06043 510 0.07461 515 0.09006 520 0,10432 525 0.11768 530 0.12914 535 0,13894 540 0.14670 545 0.15307 nm Watts/nr 550 0.15775 555 0.16170 560 0,16438 565 0.16654 570 0.16862 575 0.16977 580 0.17029 585 0.16966 590 0.16841 595 0,16619 600 0.16284 605 0,15814 610 0.15295 615 0.14700 620 0.14046 625 0.13322 630 0.12588 nm Watts/nm nm Watts/nm 640 0.10973 725 0.01666 645 0.10143 730 0.01452 650 0,09295 735 0.01259 655 0.08537 740 0.01115 660 0.07759 745 0.00968 665 0.07023 750 0.00843 670 0.06314 755 0,00727 675 0.05664 760 0,00632 680 0.05074 765 0.00548 685 0,04519 770 0.00470 690 0.04016 775 0,00415 695 0,03548 780 0.00350 700 0.03150 705 0.02777 710 0,02439 715 0.02143 Page 4 of 12 L~-79 Test RepQ~ GE Consumer and Industrial - Lighting Engineering Support Operations 1975 Noble Rd East Cleveland, OH 44112 Test Request Number PTLEDI 1E02323 NVLAP Lab Code: 100398-0 CiE 1931 x,y Chromaticity Biagram 0¸9 0¸8 07 0.6 05 04 03 0.2 01 00 I _0 1.0.1 ! 0.0 0.1 02 0.3 0.4 0.5 0.6 0.7 0,8 Page 5 of 12 LM-79 Test Report GE Consumer and Industrial - Lighting Engineering Support Operations 1975 Noble Rd. East Cleveland, OH 44112 Test Request Number PTLEDllE02323 NVLAP Lab Code: 100398-0 Average Goniometry Test Data: J V01tsI Amps Wattsl P0werFactorI 120 1.0804 129.41 t.00 Flux Distribution Percent Lumens of Luminaire Downward Street Side 8043 78.9 Downwa rd House Side 2155 21.1 Downward Tota I 10198 1 O0 Upward Street Side 0 0 Upward House Side 0 0 U pwa rdTota I 0 0 Tota I Flux 10198 100 Lum. Classification System (LCS) LCS Zone Lumens °/o L u m FL (0-30) 1266.5 12.4 FM (30-60) 4629 45.4 FH (60-80) 2036.4 20.0 FVH (80-90) 111 1.1 BE (0-30) 792.3 7.8 BM (30-60) 969.7 9.5 BE (60-80) 385.7 3.8 BVH (80-90) 7.4 O. 1 UL (90-100) 0 0 UH ('100-t 80) 0 O Total 10198 100.0 BUG Rating: B2-UO-G2 Page 6 of 12 m m m m m m m m m m m m m m m m m m m LiVl-79 Test GE Consumer and industria~ - Lightht§ Engineedn§ Support Operations 1975 Noble Rd East Cleveland, OH 44112 Test Request Number PTLEDllE02323 NVLAP Lab Code: 100398-0 3 2 275 3 4 5 isolines {NIH basis at 25 feet) 0 ] 2225 3375 4 5 6 7 Coefficient of Utilization Graph O9 08 O7 0¢ 04 03 02 HS 00 0 1 2 3 4 5 I I ! I I Polar Curves LCS Graph Luminai[e Lumens 100 90 80 6O 9O 80 8O I 3O I i Page 7 of 12 LM-79 Test Report GE Consumer and Industrial - Lighting Engineering Support Operations 1975 Noble Rd. East Cleveland, OH 44112 Test Request Number PTLEDI 1E02323 NVLAP Lab Code: 100398-0 Individual Lamp Data (Sphere): File InputV01tage Lamp Current Power LuminousFrux LPW CCX CCY CCT CRI THD(40, A} IIE02323-A04620110810spd 120,0 1.079 129.2 10102.6 78.2 0.3725 0.3668 4158 77.4 4.9"/~ Page 8 of 12 I I I I I LM-79 Test Report GE Consumer and Industrial - Lighting Engineering Support Operations 1975 Noble Rd. East Cleveland, OH 44112 Test Request Number PTLEDI 1E02323 NVLAP Lab Code: 100398-0 Average Lamp Data (Gonio): Page 9 of 12 LM-79 Test Report GE Consumer and Industrial - Lighting Engineering Support Operations 1975 NobJe Rd. East Cleverand, OH 44112 Test Request Number PTLEDI 1E02323 NVLAP Lab Code: 100398-0 Page 10 of 12 I I I I I I I I LM-79 Test Report GE Consumer and Industrial - Lighting Engineering Support Operations 1975 Noble Rd. East Cleveland, OH 44112 Test Request Number PTLEDIIE02323 NVLAP Lab Code: 100398-0 Page 11 of 12 LM-79 Test Report GE Consumer and Industrial. Lighting Engineering Support Operations 1975 Noble Rd. East Cleveland, OH 44112 Test Request Number PTLEDI l E02323 NVLAP Lab Code: 100398-0 Page 12 of 12 Cree® ×Lmmp® ×P-E White LED~ ]INFORMATION REC~UIRED BY LH-80-08 Cree classifies these LEDs as "LED packages" per Sap 9, 2011 ENERGY STAR guidelines~. 1 http://www,energystangov/ia/partners/prod development/new specs/downloads/luminaire$/ENERGY.$TAR Final Lu- men ~qaintenance Guidance,pall I I I i MECHANTCAL DI'MENSI'ONS & TEMPERATURE MEASUREMENT PO!NT All measurements are ~:.13 mm unless otherwise indicated. TMP I T he LED temperature measurement point (TMPLED) should be mea ~e PCB surface, as dose to the LED's ther- i mai pad as possible (shown in the picture above). It is not requi~ a solder footprint for the thermal pad that is larger than the LED itself. In testing~ Cree has found h ~ insignificant impact on the resulting temperature measurement. I I 2 94 300 2791 2700 99.8 9927 988 99.1[ 9~'0 ~i~, 98 ~ 978 977Li 981 974 --~76 4 86 '~99 2821 2700 998 -~985 i 981 98.4 9854b. 976 90.9 962 66 965 969 5 91 3.00 2791 2700 990 98.4 i 986-- 986~ 98.9 %973~ 96.5 963 975__ 966 968 6 90 300 2801 2700 996~ 983 i 975 977-- ~,~80 973 972 965 966 I 962 965 7 83 301 2-'~27 2700 992 97.9 -~-983 982~ '~2 ~73 976 97.1 970 969 972 -'~5 93 2,98 2817~ 2700 ~¢9.5 99.~- '---996 993 99.3 98.3 976 97.6 973 98.6 98.6 ~,le~ ~9 ~9.~ 99.0 98.9 I 98.6 99.0 98,3 97,7 97.4 I 97.6 97.4 97.3 I I I I I I I I I I I L~ 8 04623 0.4151 2698- 2708 00011 j 0.00~4 000~0 00019 0~2 00022 0.002-~ 0.00}4 0002~4 0.0022 0002~-'~ 9 04617 04187 2721 2700 00010 , 0.0015 / 00016 ~0~¢0~ /~(&30022 00022 00022 00023 00023 00022 00024 ~0 '-' 04609 04~48 27~ 2700 ooo~o 5~1~7oo16 ~.Q~9 ~ 00021 0002~ 00022 00023 00024 o.o02t 0.0024 2700 800~0 0.0014 ~ ~¢~ '00019 ~002~¢ 0.002~ 00022 00023 00024 00021 ~ 00024 5 '~ 25 [ 25 25 25 25 25 25 25 25 25 ~an 0 0010 O O0 4 0 0017 0 0019 0 0021 0.0022 0.0022 ~,0~ ~ 0,0023 ~ ~ ~ ~ DATA SET 9: 85°C,, 350 mA 4 -- 98 I 298 2823 I 2700 990~ 1001 983 977 975"~ 968 966 96~ I 97.4 968 955 14 9~ 303 2784 2700 98.1 ~85 ¢¢~ ?~2 '~'~8.6 ~¢3;¢ ~0 98.8 969 I 983 99.9 981 20 93 309 2807 ~ 2700 100.9 107.. %99.4 100.1' ~¢~06 977 98.5~ 991 lO08 98.1~ 963-- ~ax ~ ~;~ 0 6 0 7 0 4 009 1009 002 ~002 997 1008 999 996 I I I I I I I I II I I ! I I I I 9O Time i00,000 GATA SET ~[0: [05°C~ 350 mA Initial (0 hfs) Lumen Maintenance (%) a- Calc. ANSI ~E LF {Ira) VF(V) CCT Target 168 1008 ~ /~0 ~ ~ ~t:)24 4032 5040 6048 ~ 9~ 2.99 2802 2700 ~100.9 10(~11 1 ..... '~ .... ~ ~,~,, ¢ 99.4 100.2 96.4 98.2 -- 2 94 2.99 2772 2700 97.7 97,9 '~Z 97.9 96.8 96.8 97.0 3 94 2.98 2822 2700 98.3 97,Z¢~ 98.~ 97.6 97.3 96~- 96,7 4 89 2.98 2781 2700 99.0 97,,~¢¢~ ~. 98,0 ~5.1 95.3 95,5 95.I 5 88 2.95 2768 2700 99.7 97.~ ~98,2 97.2 96.9 95.6 95.8 6- 89 2,95 27z~7 2700 98.2 ~?~ ~,~i 97.2 96.6 96.4 96,4 98.1 7 81 2.98 2702 2700 98.9 ¢~ ~,98.6~~ 98.6 9~.2 97,8 97.7 97.5 8 87 2.99 2645 2700 99.9 ¢~ 9~g~ 99.1 9~7 98,2 97.5 97.2 9 75 2,99 2759 2700 I00~ ~%,99.6 i~¢~10~).8 100.1 99.4 99.6 98.6 10 _ 85 301 2647 2700 9~t',~"( ~ 99.1 ~,~¢9.400,, 97,8-- 97.5 96.3 94.5 tl 89 3.00 2771 2700 ~¢9j~.~ 98 ~,¢~ ~'~¢~ 98.6 100.8 97.0 98,8 12 92 2.97 2851 2700 ~ 9~ 9~9 ~:~9 ~ 9 98.3 97.9 97.6 96.4-- 13 96 2.99 2798 270~,~ *~¢:'5 9~ ~t37.6 96.0 96.8 94.6 96.2 14 88 2.97 2790 27~,¢~~ ~,9~.1 98.1~'~' 99.2 98.2 98.1 97.6 97.4 15 90 2.95 2763 2¢r00~ ~' 98.3 97,3 98.3 96.7 96.8 95,3 96.2 16 91 2.99 2764 ¢¢ ¢~,, ~0 100.0 98.3 99.4 97.8 97.5 97.6 97,2 17 81 2.98 2642~., ~ 2708 99.4 99.3 99.6 98.8 97,8 98.3 97,9 18 84 2.99 2645 * ~,~ 2700 99,2 99.6 99.6 98,7 99.1 97.7 95.4 19 81 2.98 2698 I '~¢2700-- 98.3 98.8 97.8 98,4 97.7 97,8 97,6 20 84 3.00 2619 2700 98.4 98.8 99.4 98.7 99.3 97.2 95.9 21 91 2,97 2818 2700 100,0 101.7 I00.1 100.3 98.8 98.4 96.9 22 89 2.98 2779 2700 99.8 100.5 97.6 97.8 96.4 95.5 95.1 23 90 2.97 2765 2700 100.3 100.1 98.5 99.3 97.7 95.3 93.9 24 90 3.01 2767 2700 100.1 99.3 97.7 98.3 95.9 95.0 93.7 25 84 3.00 2673 2700 99.6 99.6 98.3 98.9 97.5 97.2 95.6 -- n 25 25 25 25 25 25 , 25 25 25 25 25 Median 89 2.98 99.~ I I I I I I I I I I · J~ CC× CCy CC~ Target !~,8 1008 ~0 ~¢'* ;~ ~ ;t~24 ~.4C)~ 5040 6048 ¢0 ~::~X I ~::1117: ~ 22~ ~: ~4 E~ ~ ~ 1157 ~ 12 }- 00:00~12; 00:000022~ 00'~002222 00'00~2211 I 15 0:4509 0:4025 2763 *,0~ ¢ ~:0011 0:0016 0:0020 0:00~0 ~:~;;; ~.;;22~ ;.00;;; ~ 18 0.4665 0,4t58 2645' 8~;,2700 0,00t0 0.0017 0.0020 0.0020 0.0021 0,0022 0,0021 ~ 19 0.4631 0.4165 2698 '2700 0 0010 0.0016 0.0019 0.0020 0.0021 0.0022 0.0022 i 20 0.4713 0.4205 2619 2700 0.0011 0.00t7 0.0020 0,0022 0.0022 0.0023 0.0022 ~ 21 0,4462 0.4002 2818 2700 0.0012 0~0020 0.0023 0,0024 00023 ~.0021 0,002~ ~ 22 0.4506 0.4037 2779 2700 0.0011 0 0020 0.0022 0.0023 0.0023 0.0020 0.0020 ' 22~ ~:~55~~ g:~25~ ;;~ ;770000 ~:0000; 11 ~:000011~ g:g0022~ 00:0000;82 i 00:~;82 ~:~002203 g:~92202 ~ 25 0,4638 0.4145 2673 2700 0,0011 0,0017 0,0019 0,0021 [ 0.0021 0.0021 0.0022 ~ n 25 25 ~ 25 25 25 25 25 25 25 25 ] 25 Initiari'"i'O hfs_) '_~ rrr'rr"""Chi-omE~ieity Shift (Au'v' ~E CC× CCy CCI Target 168 1008 20~6 ~ 3'C)~ 24 4032 5040 6048 1 04493 0.4042 2802 2700 0.0011 0.0016 ~,.~01~,,, 00020 '~'.0021 0.002'""-~-"' 0.002'"-"--'-'T- 2 - 0,4536 0.4085 2772 2700 0,0012 0.0018 ¢:E1~2 0.0022 0,0022 0.0023 0.0022 3 04521 0.~.118 2822 2700 0.0011 0.00 *§~, o. 00~l;8 0.0019 0,0020 -~.0021 0.0021 4 0.4502 0,4032 2781 2700-- 0.0014 -0.001(~~ ~.,0.0021 0.0022 0.0022 0,0023 0.0023 5 0.4515 04041 2768 2700 00011 0.00'~ ~.0019 0.0020 0.0020 0.0021 0.0021 6 0.4522 ' 0.4029 2747 2700 -- 0,0011 0~7<< 00021 0.0021 0.0022 0.0023 0,0022__ 7 0.4603 0.4120 2702 2700 0.0011 ~, ~!~ 0,0019 0.0019 0.0020 0.0021 0.0021__ 8 0.4660 0.4149 i 2645 "~700 0.0011,~ O.~t~'~6 Q,0019 0.0021 0.0022 0.0022 0.0022 9 0.4562 0.4116I 2759 2700 O0,q,;i¢,. ~¢),0015 .~,0,019 0,0019 0,0020 0.0022 0.0021 10 0,4674 0.4174i 2647 2700 0.¢~1~¢ ~0.0017 l~:~02~ 00020 0,0020 0.0022 0.0021 11 0.4543 0.4097 2771 2700 ~.O~tt~ 0 O0,~¢f~' ~ 0.0018 0.0019 0,0020 0,0020 12- 0.4491 0,4097 2851 2700 I0.0~;Jl 0.0,1~16 ~0019 0.0020 0.0021 0.0022 0,0022 13 0.4520 0.4086 2798 2701~.~, ?~_0~'10 0.0(~ ~'i0019 0.0019 0.0020 0.0022 0.0021 14 0.4480 0.4002 2790 27~¢': ~.~J)12 0.00i~~ '0.0023 0.0023 0.0024 0.0025 0.0024 15 0,4509 0.4025 2763 2/700%~ ¢0.0011 0.0016 0.0020 0,0020 0~0021 0.0022 0.0022 16 0.4498 0.4005 2764~¢ ~>~2~)0 0.0012 0.0019 0.0022 0.0023 0.0023 0.0024 0.0023 17 0.4667 0.4158 264~. ,~,~,2708 0.0011 0.0017 0.0019 0.0020 0.0021 0.0021 0.0021 18 0.4665 0,4t58 2645 "* 8~. 2700 0,00t0 0.0017 0.0020 0.0020 0.0021 0,0022 0,0021 19 0.4631 0.4165 2698 ~2700 0.0010 0.0016 0.0019 0.0020 0.0021 0.0022 0.0022 20 0.4713 0.4205 2619 2700 0.0011 0.00t7 0.0020 0,0022 0.0022 0.0023 0.0022__ 21 0,4462 0.4002 2818 2700 0.0012 0.0020 0.0023 0,0024 00023 ~.0021 0,0020 22 0.4506 0.4037 2779 2700 0.0011 0.0020 0.0022 0.0023 0.0023 0.0020 0.0020 23 0.4509 0.4028 2765 2700 0.0011 0.0018 0.0020 0.0018 0,0018 0.0020 0.0020 24 0,4524 0.4056 2767 2700 0.0011 0.0018 0.0020 0.0022 0,0022 0.0023 0.0022 25 0,4638 0.4145 2673 2700 0,0011 0,0017 0,0019 0,0021 0.0021 0~0021 0.0022 n 25 25 25 25 25 25 25 25 i 25 25 I 25 ~-~8;% 0.0011 0.00i7 I ~i0020 00020 00021 0.0022 0.0021 ,~ 0,00(~ I 00002-' O.O0~:~ i'0.000~ 50001 - t,~ / ; 5.~'~5'~ --00014 / 00018 / 00018 i 0.0018 0.0020 i 0.0020 I I I I I I I 4 ~57 I 328 2764 2700 982 987 ~ 983 976 97[~ 973 975 968 986 990 984 11 153 ~ 336 2673 2700 966 983 '~955 ~ ~c~5~ 94.5 949 963I 962 965 ~6.1 ~ 949 '2 155 ] 322 2849 2700 963 95.3 95.04~,~ 9~:~' 94.7 --945 980 95.8 959 954 ~ 25 25 25 25 %~ 25 25 25 ~ 25 25 25 25 23 23 23 Min. ,49 322{ 9,)0 ~ 941 938 942 932 [ 942 944 952 [ 959 953 94.0 ! ~ I 24 04426 03940j 2824 270~ 0.~17 /~00018 0001~-00018 J 00018 0~017 00017 00021 o , 00002 00002 0000~ 00002 00002 [ 00002 ~oo~ ~ ~od2~ E~ ~ooo~ I I I I Initial (0 hrs~ .............. Ch~m~ilC~ty S!dfl (Au'v') 12 04531 04075 2772 2700 00009 0~'0.001~ 00~8 00014 00013 00012 00014 00012 0.00~ 00009 16 04493 04001 2768 I 2700 00012 ~,~0' 0001~¢ ~0~ ¢(¢80014 0.00~2 I 00012 00010 00007 00006 O~ATA SET 7: 85°C,, 700 r~A ~ 149 352 2598 I 2700 977 979 [ 98 I g8~ 9~ [,~ 9~ 947 952 957 95~ 946 2 149 329 2750 [ 2700 96~ 982 [ 9?2 975 ~ ~q~ 97.5~ 96.4 958 95~ 959 958 3 155 327 2757 951 954 [ 941 965 9~ [ ~ 938 941 94.5 937 929 6 152 334 2736 [ 2700 964 978 97~74 973 ~66 965 952 954 95.3 g48 ~ 943 8 158 331 2740 2700 958 970 9 _ 961 ~...... 959 946 952 ~ 94.9-"' '~-"-T' 93.7_. I0 ~52 329 2758 2700 940 960 [ 945 ¢9¢' , 949 935 944 94.7 951 938 ~ 924 11 151 329 27~ 2700 950 978 ~ 965 '*'~¢~¢~ '~65 959 952 976 952 94.2~ 941'~ 16 149 327 2706 ~ 2700 963 ~g~ 967~" 9¢0~ 960 95.6 969 965 ~B 954 17 151 334 2719 I 2700 967 98,6¢ ~ ~(~83 98~ ~0~*%/ 979 969 98~ 971 981 25 157 3.28 2818 2700 ~bz 967~ 969 978 977 968 961 975 963 i ~ua 952 _ 22 01485~ 014~02' ~-75~ 270o o]o~l"o:o~ 010012 Loo~oj o10006 1 04566 04050 2698 2700 00013 00'~¢~'r''i 00014 00015 0~)0¢)7 ;O00~! '00005 0.0007 0001~'"'~00010 00022 2 04549 04082 2750 I 270~- 00013 000!3 00014 --~0012 0.(~}9~ ~¢2.0~ 00002 0000~ 00006 00010 00014 3 04553 04098 2~-~ 2700 00011 000~ 000~2 00013 00~ 0~4 _?0002 I 00003 00008 00012 000~7 -'- 4 04455 ~3999 2827 J 27~ 00013 00013 00014 00013 0.000~ 00005 00004 00007 000~3 00018 00025 5 04481 03984 2773 2700 00014 000~-~0015 0001~ 000~ ~;g0002 00009 ~0013 000~8 0002~ 00030 6 04573 04100 2736 27~ 08015 00014 00014 00012 ~.0008 00003 00006 00009 00014 000~9 00024 7 0~91 04128 2724 -"~700 00014 00013 00013 0001~ ~07 000~3 00004 OOO~ 00010 000~ ] 00019 15 04536 04089 2776 ~ 2700 000~5 00013 ~.¢12~ 0000~-- ~t~ ~001 ~0006 00010 00014 00015 000~ 16 045~ 04115 2706 ~ 2700 0.0013 O00~z~O~ O000~t] 000~ ~BOd3 00001 0000~ 00008 0001~-00013 ~ 17 04595 04~28 2719 ] 2700 00015 ; O0Ot~ "~00~2 OOG¢;~ ~07'sF 00003 00001 0.0005 000~ 00012 ] 00015 ~8 8~92 03959 2733J 2700- 008~6 00~, ~8014 ~0~1 ~.0~0 00~7 00001 0000~ 00008 00012 ~ 00016 ~ 25 0.4421 039~ 2818 2700 ~ 0.0012 00013 0 0011 ~-00007 00002 00006 0.0012 j 08018 0.0024 0~030 8 ~ ~ 25 25 ~ 25 25 ~ 25 J 25 [ 25 [ 25 [ 25 25 25 25 ~8x. j , OOO 6 000 8 O00 7 000 5 000 0 00007 00009 O.O0 3 ' 0002 0.0025 00032 m m m RFP SUBMISSION CERTIFICATION OFFEROR MUST RETURN Tills COMPLETED FORM WITH PROPOSAL SUBMISSION PROPOSAL SUBMITTED ADDRESS: FAX: The proposal as submitted includes the Town of Southold Guaranteed Energy Savings Stmethght RelJ'ofit/Replacement RFP Submission Form with Conflict of Interest Certification, an Affidavit of Qualificatloh to Bid and a Statement of Qualifications. I, the undersigned, hereby attest 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. Signatm.e '/ / STATEOF: ~O ~or"~- COUNTY OF: RO~N-'°\hL' SS: On the ~ day of ~{~-~O,~-o- in the year_2012 belYre me, the undersigned, a notary public i~-and for said state personally appeared '~e,, ~- ~'O.. . 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 instrmnent and acknowledged to me that he/she executed ~he sa_me 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 PulJlic AMANDA C SARGENT NOTARY PUBLIC-STATE OF NEW YORK NO. 01SA6237517 Qualiflecl in Suffolk County My Commission Expires April 18, 201,5 18 RFP SUBMISSION FORM Company Name: Company Federal Tax Identification Number: Contact Person Company Address Phone: Fax: E-mail: CONFLICT OF INTEREST CERTIFICATION IHEREBYCEKTIFY, onbehalfof ~-oh,o'~o_,x) (~,~'~[~ 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 controlled or appointed by the Supervisor and Town Board of the Town has received or has been promised directly or indireetly, any financial benefit by way of fee, commission, finder's fee, or in any other rammer, rem~meration directly or indirectly related to this contract. Upon request by the Town Altorney, or other authorized agent, as a prerequisite to payment pursuant to the terms of a contract awarded pursuant to this bid submission, '~'O~ so~, ¢o,~i~t-q will furnish to the Town Board of the Town of Southold, under omh, answers to any iaterrogatories and comply with any request to review documents related to a possible conflict of Lnterest as herein embodied. I HEREBY CERTIFY, on behalfof '"~0~ ~_.q.>rO (-o~-kol -~ that no employee or agent of ~'O}~so~o Co~3'~.ok~ is a member or employee ofany agency, commission, board or corporation of the Town of Southold or is the spouse or any other relative of any-of the . foregoing. If ~'~ ~ so*.) Co,,~Lqls 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 the penalties of pe~:jury that the con~.ents of this affidavit are true and correct, COUNTY OF: ~xJfr~x~hL' ss: known to me or proved to me on the basis of satisfactory evidence to be the indivSdual whose name is subscribed to the within instrument mad acknowledged to me that he/she executed the same in his/her capacity and that by his/her signatmce on the instrument, the individual or the person upon whose behalf of which th~ individual acted, executed.the instrument. Notary PubIie AMANDA C SARGENT NOTARY PUBlIC-STATE OF NEW YO~K NO. 015A6237517 Qualified in Suffolk County My Commission Expires April 18, 2015 20 AFFADAVIT OF QUALIFICATION TO BID I HEREBY AFFIRM THAT 1) lamthe_ OccoOW~- ~Xe-~t2-Fiv, c~- and the duly authorized (Ti.ti_e) representative of the firm ' 3Oh ~go~) ~..o,'W~ ~tO [ -.K and that I (Name of Corporation) possess the legal authority to make this affidavit on behalfofmyself and the firm for which I am acting. 2) 3) 4) 5) 6) The firm '-~k wgo~ CO?'I'~O t & is either a New York corporation or is a foreign corporation properly registered with the New York State Department of Taxation and Finance, Except as dascribed in paragraph 4 below, neither I nor the above firm, nor to the best of my -knowledge, any of its offieem, directors, or partners, or any of its employees directly involved in obtaining contracts with the S{a~e or an county, bi-county, or multi-county agency, 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, ofeonspiracy to bride, whether or not in furtherance of obtaining a contract with a public body under the laws of any state or the Federal government. List any conviction, plea, or admission described in paragraph 3 above, with the date, court, offimal, or admm~stmt ye body the n&wduals involved and their positron w~th the tirm; and the sentence or disposition, if any. Otherwise, state "none" as appropriate. Neither I nor the above firm, nor to the best of my knowledge an officer, patter, contmlling slockholder or principal of the bidder, or any other person substantially involved in the bidder's compacting activities has: (1) been eonviated 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 destruction of records, or receiving stolen property; (2) been convicted of a criminal violation of an antitrust statute of the State, another state or the United States; (3) been convicted cfa violation of the Racketeer Influenced and COn'upt Organization Act, or the Mail Frm~d 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 m~y act or omission that would constitute grounds for conviction under any of the laws or statutes described herein; (5) been fmmd 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. B~ddm hmeoy declares that th s b d ~s made w~thout any connecnon or collusion with any person, firm or corporation making a bid for the sm~e 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 cm'e/~l examination has been made as is necessary to become informed as to the cha'acter and extent of the work required; and, that if this bid is accepted, this B~dder 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 fm'nished to the Town Clerk of the Town of Souihold. I acknowledge that, if the representations set forth in this affidavit are not true and correct, the Town of Southold 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 trt~ and correct. Wimess · Date STATE OF: /~ (~ ~J onthe~ davof ~~ intheyear2012beforeme, theundersigned, anot~y public in and ~or said sthte, personally appeared ~=m~r ~ ~ , personEly known to me or proved ~ me on the basis of satisfactory evidence to be the individual xvhose nme is subscribed to the within ias~ument and acknowledged to me that he/she executed the same in hi~her capacity ~d that by his/her signa~e on the instrument, the individual or the persm~ upon whose behalf of which d~ndividud acted, executed the instrmneat. AMANDA C SARGENT NOTARY PUBLIC-STATE OF NEW YORK NO. 01SA6237§17 Q~allfled In Suffolk County My Commission Expires April 18, 20!~ 22 PROPOSAL FOR ENERGY PERFORMANCE CONTRACTING SERVICES FOR TOWN OF SOUTHOLD September 6, 2012 Contents CONTACT INFORMATION FOR OFFEROR ........................................................................................................... 3 PART A: ENERGY AUDIT AND CONSTRUCTION / IMPLEMENTATION / COMMISSIONING / FINANCING ................................................................................................................................................................ 4 FIRM'S GENERAL APPROACH TO PERFORMANCE CONTRACTING ............................................................. 4 PROJECT LIST ............................................................................................................................................................ 8 PROJECT REFERENCES .......................................................................................................................................... 13 RELEVENT EXPERIENCE ....................................................................................................................................... 18 OFFEROR'S BACKGROUND INFORMATION ..................................................................................................... 19 FINANCIAL QUALIFICATIONS AND STABILI]~{ OF FlRM ............................................................................. 20 INDUSTRY ACCREDITATIONS ............................................................................................................................. 20 COMPLIANCE WITH REQUIREMENTS ............................................................................................................... 20 GENERAL SCOPE OF SERVICES ........................................................................................................................... 2 l PERFORMANCE CONTRACTING TECHNICAL APPROACH ............................................................................ 23 FINANCING COMPANY .......................................................................................................................................... 24 SITE-SPECIFIC APPROACH ................................................................................................................................... 26 Proposed Project Schedule ...................................................................................................................................... 27 MANAGEMENT AND STAFFING FOR THIS PROJECT ...................................................................................... 28 PART B: COST PROPOSAL ..................................................................................................................................... 35 ATTACHMENTS Financial Statements Copy of License Surety Letter Non-Collusion Form, Affidavit of Qualification to Bid, REP Submission Form, RFP Submission Certification Proposal for Energy Performance Contracting Services Date: September 6, 2012 Company Name: GreenTech Energy Services Address:122 E. Kings Highway, Ste. 503 City: Maple Shade State: NJ Zip:08052 Phone Number:856-439-9400 Fax Number: 856-778-1668 Contact for Clarifications: Eileen Fox Title: Marketing Manager Phone Number: 856-439-9400, ext. 238 Fax Number: 856-778-1668 E-mail Address: efox@greentechenergy.com PART A: ENERGY AUDIT AND CONSTRUCTION / IMPLEMENTATION / COMMISSIONING / FINANCING FIRMS GENERA[. APPROACH TO PERFORMANCE CONTRACTING GreenTech designs, engineers and installs energy efficient equipment in commemial buildings with a focus on lighting retrofits. Our team of Certified Lighting Efficiency Professionals has designed and installed over eighty million dollars of energy efficiency projects, retrofit over 5,000 buildings across the nation, and provided our customers collectively with over $500,000,000 in energy savings. We service a wide vadety of vertical markets, including public schools, colleges and universities, and hospitals. Approximately 90 percent of our workforce is in-house, which allows us to handle all design, materials procurement, project management, monitoring and verification without the use of subcontractors. In instances where we need to use subcontractors due to licensing requirements, we have access to an established network of experienced contractors, allowing us to extend our services geographically while providing local teams who can meet each customer's needs. All installations are implemented in accordance with Federal, State and Local cedes as well as customer requirements. We have been particularly successful providing turn-key solutions to our customers, from energy auditing, analysis and financing to design, installation, monitoring and verification. A majority of these projects have been guaranteed savings contracts, but we have also offered and implemented fixed price contracts and job order contracts. GreenTech follows industry standard tools and methods to implement a project. Design criteria are based on the standards set by the ASHRAE, BOCA, NFPA, NEC, UL and lES, and the requirements of local state and federal law. Our construction and project managers are experienced with a variety of project planning, scheduling, management and implementation methods. In every case, GreenTech implements a plan for management and coordination that is acceptable to the client prior to construction. COMPANY QUALIFICATIONS · Have retrofK over 5,000 buildings across the nation since 1994, and provided our customers collectively with over $500,000,000 in energy savings. · Have completed many projects in excess of 300 fixtures · Have completed many projects under guaranteed energy and operational savings contracts, where there was no capital investment by customer, payments were completely covered by energy savings, quality of lighting was enhanced, and utility bills were cut by up to 50% annually. A number of these projects were for municipalities. · We have comprehensive knowledge of current applicable electrical and building codes in the state of New York as well as knowledge of the most modern materials and equipment available. · Participant in the EPA Energy Star Building® Program, listed in SBA's Directory of Small Businesses · Insurance and bonding capacity to meet the requirements of a wide range of projects (bonding capability to up $30 million) 4 · Custom design software program enables us to maximize energy savings and provide light levels according to task. Financial modeling is tied into our photometrics capabilities. · Project management software allows us to perform as scheduled. PROJECT PHASES Desi,qn and Proposal Our surveys consist of a walk thru in which we collect the fixture count, type of fixture, hours of operation, type of location, light level readings, type of retrofit best suited, and whether or not a sensor is applicable. Based on the audit data and other data collected by surveyors, an analysis and design are generated by GreenTech's in house Certified Lighting Energy Professionals and team of Professional Engineers. All audits are reviewed by a team of professionals and signed off on at three levels before they are submitted to the customer. Project Start-Up Upon contract signature, an internal start-up meeting will be held to establish a dear expectation of the customer's requirements prior to meeting with them. A job start form is completed listing all the pertinent customer information, including, but not limited to, customer contact information, scope of work, billing procedure, communication requirements, scheduling information, labor requirements, matedal requirements, and storage. The next step is a start up meeting with the customer to review all expectations and go over the job installation scheduling and requirements. This includes the customer's policy and procedures and a personal walk-through of all information. Upon receipt of a signed contract or purchase order, venders and sub-contracts are reviewed and labor arrangements are made in compliance with the customer's standards. The head of procurement either purchases the materials or releases the product from inventory as required for the job. Arrangements for trailers, forklifts and other miscellaneous requirements are finalized at this time as well. All materials are logged-in and checked against the packing slips upon arrival to the site by the project manager or crew leaders. Deficiencies are reported to the supplier for resolution. Materials received at the site are checked for proper model, assudng that all product and procurement is in keeping with design build scope and cost objectives. Each location is provided with a foreman's manual containing all the Installation Tracking Sheets, along with procedures for each retrofit, to assure uniformity throughout all project sites and compliance with contract specifications. Project Installation It will be the responsibility of the assigned installers to provide the following updates to the progress of the project plans, at a frequency deemed necessary by the crew leaders. They will provide all updates and adjustments to the field as required: · Any known changes to project completion dates · Percentage completion of assigned tasks · Slippage or advances in estimated task timelines · Any project- or schedule-related issues which the installer believes will aid the installation manager with accurately updating project plans · Any problems or issues which must be addressed by the project/installation manager to maintain progress on schedule Project Wrap-Up At the completion of the project, the project manager meets with sales and operations for a project wrap-up and assures that: · Guarantee meter readings and audit information is obtained. · Spares are provided and recorded. · Training is required based on equipment installed. · Operation manuals are turned over including warranties, cut sheets, meter readings, commissioning reports, etc · All billing for project is completed · All materials not used are retumed to the vendor orto the warehouse. · Final costs for materials and labor are reconciled and approved. · Energy meter readings are reviewed and tumed over. EnerRy Savings Verification Procedures GreenTech's energy savings verification procedures are based on the International Performance Measurement and Verification Protocol issued by the U.S. Department of Energy. The following procedures shall be used as a method of verifying demand (KW) savings. This methodology must be utilized exactly as described below, with all meter readings witnessed by a representative of the customer. GreenTech Energy Services or its representatives and a designated customer representative will choose lighting circuits at random to be metered before and after the retrofit to assure that the installed number of wattage of fixtures match those in the proposal. These circuits will be mutually agreed to accurately represent typical lighting fixtures in the facility. The minimum number of circuits monitored will be five (5) and the maximum number shall include no more than five (5) percent of the lighting fixtures to be retrofit or replaced in the proposed project. Power readings will be taken on each chosen lighting circuit at the location of the circuit breaker panel, pdor to the retrofit of the fixtures. Fixtures should be tumed on and operating for at least 30 minutes prior to the readings being taken. Readings will be witnessed and signed-off by both GreenTech Energy Services and a customer representative. VVhen pre-retrofit readings are taken, it must be agreed that only lighting fixtures designated for retrofit or replacement are controlled by this circuit. If any other equipment is controlled by the circuit-breaker being monitored, then this circuit cannot be used as a means of verification. In all cases, every effort must be made to take power readings at the circuit panel. If this is impossible, then readings may be taken on individual fixtures, but a larger sample of fixtures must be chosen. In this instance, the average power readings both before and after the retrofit will be used as the basis for evaluation of the guarantee. Following the retrofrt of all fixtures on each designated circuit, power readings will again be taken and signed-off by GreenTech Energy Services and a customer representative. If the average percentage difference between the above readings (before and after the retrofit) falls within ten percent of the percentage reduction stated in the proposal, it will be agreed that the terms of the guarantee are met. Where there are differences greater than 10 percent between the proposal and the as-built conditions, the new savings will be calculated by revising the original calculations. The revisions will involve revising the number or wattage of the fixtures. The wattage for each fixture type will be taken from manufacturer's data or from industry-standard wattage tables. PROJECT PROJECTS (2004-20~.0) TOTAL PROJECT $ CITY, STATE Behr Paint (;72,748 Allentown, PA Bermudian Springs $85,798 York Springs, PA Berwick - Phase I $38,331 Bloomsburg, PA Berwick Bow Plant - Phase 2 $393,072 Berwick, PA Boyertown School District $53,002 Boyertown, PA Burbank Blvd. Elementary $138,243 Los Angeles, CA Burlington Coat - New Jersey $1,190,961 Burlington, NJ Burlington Coat-Fullerton $256,085 Fullerton, CA Cabrillo $32,447 Aptos, CA California Redwood $69,090 Korbel, CA Campbell Maxton $8~.,912 Maxton, CA Campbell Napolean $54,978 Napolean, OH Campbell Sacramento $408,443 Sacramento, CA Charming Shoppes $48,924 Nationwide Chase Manhattan $51,814 Jersey City, NJ Coast Guard $115,294 Sandy Hook, NJ Conestoga Wood 584,872 Beavertown, PA Deal School $127,606 Deal, NJ Deborah Heart & Lung Ctr $30,458 Browns Mills, NJ Delbarton School $762,610 Morristown, NJ Del Monte $528,577 Bloomsburg, PA East LA Skill Center $486,461 Los Angeles, CA Ephrata School District $242,560 Ephrata, PA Fort Mc Arthur $995,407 Los Angeles, CA Fox Chase $39,890 Philadelphia, PA Garfield High School 564,122 Garfield, NJ Greater Nanticoke Area SD $133,338 Nanticoke, PA Hamilton School District $280,975 Hamilton, NJ Holy Cross High School $124,339 Delran, NJ JC Penney- 2006 Installations $140,266 Nationwide JC Penney-2004 Installations $59,728 Nationwide JC Penney-2007 Installations $39,451 Nationwide JC Penney-2007 Relamps $265,699 Nationwide Keystone $73,496 West Chester, PA Lankersham Elementary $168,548 N. Hollywood, CA Laurel Highlands School Distr. $42,605 Uniontown, PA LAUSD - JOC Jobs $30,271 Los Angeles, CA LAUSD warehouse $49,430 Los Angeles, CA LAUSD-phase 1 $33,212 Los Angeles, CA LAUSD-phase 2 $207,742 Los Angeles, CA LAUSD-phase 7 $66,690 Los Angeles, CA LAUSD-phase 8, audit :16 sch. $488,828 Los Angeles, CA LAUSD-reaudit i $35,460 Los Angeles, CA Liberty Properties $34,9].9 Philadelphia, PA Lopatcong School District $47:1,375 Phillipsburg, NJ Lower Merion Down Gym $19:1,537 Lower Merion, PA M & T Bank $290,521 Harrisburg~ PA MaST Community Charter Sch $320,564 Philadelphia, PA Menu Foods $289,660 Pennsauken, NJ Midd-West School District $69,886 Middleburg, PA Millville Housing Authority $68,522 Millville, NJ Mount Laurel School District $/`19,163 Mt. Laurel, NJ Nine West $370,000 West Deptford, NJ NJ Dept of Transportation $23,800 Trenton, NJ Ocean Township School Distr. $70,736 Ocean Township, NJ Package Corp of America $891,000 Trexlertown NJ, Hanover PA Hanover, PA Parkland School District $1,967,534 Allentown, PA Pennsville Public SD $1,490,000 Pennsville, NJ Pine Ice Rink $60,000 Pembroke, FL Pitman Schools $220,000 Pitman, NJ Pitts Grove Twp SD $17,725 Pittsgrove, NJ Point Fermin $1,009,000 Los Angeles, CA Princeton University- 3 bldgs $227,000 Princeton, NJ Queen of Heaven $465,000 Cherry Hill, NJ RAS Processing $29,288 Robbinsville, NJ Roben Manufacturing $17,376 Lakewood, NJ Rodale, Inc. $55,587 Allentown, PA Roosevelt Paper $30,000 Mt. Laurel, NJ Rutherford Board of Ed. $159,000 Rutherford, NJ Schering Plough $58,662 Branchburg, NJ Scranton School District $/.04,000 Scranton, PA Shade School District $66,750 Cairnbook, PA Simona America $86,074 Hazelton, PA Skanska $84,565 Carteret, NJ Smooth On $18,000 Easton, PA South Gate Middle $10,976 Los Angeles, CA St. Francis Country Home $43,000 Darby, PA Staples - 2008 Installations $:138,500 Nationwide Staples 2004 Installations $260,000 Nationwide Staples 2005 Installations $50,000 Nationwide Staples 2006 Installations $270,000 Nationwide Staples 2007 Instal(ations $100,000 Nationwide Staples 2008 retail stores $100,000 Nationwide Staples Corp Express Hanover $53,864 Hanover, MD Staples Corp Express La Mirada $14,000 La Mirada, CA Staples Corp Express Secaucus $495,000 Secaucus, NJ Staples Forest Park $185,1300 Forest Park, GA Staples Hagerstown $235,000 Hagerstown, MD Staples Holt (Detroit) $30,000 Detroit, MI Staples Killingly $50,000 Killingly, CT Staples Norcross $17,899 Norcross, GA Staples Phoenix $448,000 Phoenix, AZ Staples Retail ~100,000 Nationwide Staples Terre Haute $7,324 Terre Haute, IN UMDMJ $14,796 Newark, NJ Voorhees School District $100,000 Voorhees, NJ Washington Prep $700,000 Los Angeles, CA Windstow School District $8,049 Winslow Twp, NJ WM Schmidt & Sons $55,000 Chester, PA Pepperidge Farms - Aiken $47,036 Aiken, SC PROJECTS (2011) TOTAL PROJECT $ ClTY~ ~'TATE Berwick Offray LLC $158,335 Susquehanna, PA Borders - TN $350,000 Memphis, TN Campbells - Napolean $2,142,683 Napoleon, OH Cencal Beverage $43,703 Ceres, CA Charming Shoppes (67 retail) $512,000 nationwide Cintas - Ashland, KY $20,610 Ashland, KY Cintas - Lexington, KY $69,316 Lexington, KY Cintas - Landover, MD $30,571 Landover, MD Delbarton School $60,000 Morristown, NJ DiBada Inverstors $2,938 Wayne, NJ Downingtowe $867,661 Downingtown, PA Fox Chase Parking Garage $465,000 Philadelphia, PA Harmony School District $99,000 Phillipsburg, NJ Jager Management $30,936 Harrisburg, PA Lopatcong SD $8,426 Lopatcong, NJ PCA Reading $277,149 Reading, PA Pennypack Woods $186,000 Philadelphia, PA Pepperidge Farm - Denver $586,443 Denver, PA Pohatcong S.D. $13,695 Pohatcong, NJ 10 Staples -Canada $90,000 Nova Scotia, Canada Staples - Chambersburg $89,683 Chambersburg, PA Staples - DE $:104,525 Wilmington, DE Staples - VA $24,896 Richmond, VA Staples - Connecticut $15,777 Hartfold, CT Staples - Newtown $8,000 Newtown, PA Staples - Lawrence $78,200 Lawrence, MA Staples - Leesburg $24,896 Leesburg, VA Staples - Memphis $224,027 Memphis, TN Staples - Secaucus $195,000 Secaucus, NJ Tipico Cheese $65,124 Lakewood, NJ Tulpehocken $34,000 Northumberland, PA US CoastGuard - Ft. Wadsworth $949,762 Staten Island, NY U.S. CoastGuard -Rose bank $77,490 Staten Island, NY U.S. CoastGuard~ Sandy Hook $312,579 Sandy Hook, NJ United Jewish Communities $107,083 Whippany, NJ Valley Park Apartments $57,000 Bethlehem, PA Woodbridge Developmental $62,000 Woodbridge, NJ Berwick Offray LLC $158,335 Susquehanna, PA Borders - TN $350,000 Memphis, TN PROJECTS (2012) TOTAL PROJECT $ CITY, STATE LiDestri Phase II $35,900 Pennsauken, NJ Camden Schools Phase I $20,495 Camden, NJ Camden Schools Phase II $:130,000 Camden, NJ Actega-Kelstar $40,000 Cinnaminson, NJ Allentown Parking Authority $375,000 Allentown, PA Camden Pride Phase II $127,000 Camden, NJ Camden & Trenton Diocese $1,500,000 Camden, NJ Centennial SD $343,000 Warminster, PA Champion $52,487 Hauppauge, NY Cintas - Charlotte, NC $30,000 Charlotte, NC Cintas - Lee, MA $9,000 Lee, MA Cintas - Union, NJ $37,408 Union, NJ City Hall $973,000 Philadelphia, PA Collier Int'l $55,000 Greenville, SC Darby Township $400,000 Darby, PA Fulfillment $33,384 Holtsville, NY Hartnell $476,287 Salinas, CA Kennedy Health $:12:1,448 Cherry Hill, NJ Kerotest $37,101 Pittsburgh, PA LiDestri Foods $63,000 Pennsauken, NJ 11 Monroe Muffler $20,000 NJ, CT, PA Morgan _Properties $830,000 multiple locations, NJ & PA Morrisville School District $756,934 Morrisville, PA Multi-properties - MD $910,000 multiple locations, MD Norristown School District $3.,400,000 Norristown, PA Parkway - ~.2th & Filbert St. $~.32,385 Philadelphia, PA PEI Genesis $98,000 Philadelphia, PA Penn Delco $60,573 Aston, PA Staples - Killingly $22,000 Killingly, CT Staples - Southfield $72,000 Southfield, MI Staples - Yonkers $20,000 Yonkers, NY Staples Easton Retail $18,800 Easton, PA Staples - London $193,100 Columbus, OH Staples - Wauregan $41,170 Plainfield, CT Staples - Copell $282,000 Copell, TX Staples - Montgomery $260,000 Montgomery, NY PROJECT REFERENCES The following are performance-based projects implemented by GreenTech within the past five years. The private-sector projects were direct purchases while the public projects were financed through municipal leases that GreenTech helped obtain for the customers, providing bids from several financing companies from which the customer could select. In all cases, the annual energy savings met the levels guaranteed at the start of the project. The surveyor, matedats manager and project manager involved in these projects are the same individuals who would be assigned to the $outhold project. 1. Project: MaST Charter School, Philadelphia, PA Facility Information: Owner: City of Philadelphia Number of Buildings: 1 Total Square Footage: 210,000 sf Reference: Richard Fitzgerald Chief Administration Office 1800 East Byberry Rd. Philadelphia, PA 19116 Telephone Number: 215-348-1100 Fax Number: 267-348-1217 E-mail Address: rfitz£eraldL~mastcharter.org Primary Purpose of Facility Use: (2 lines maximum) K-12 Charter School Project Management: Project Status: Completed Construction Start and End Dates: July 2009 - September 2009 Contract Start and End Dates: July 2009 - September 2009 GreenTech Energy Services designed and implemented a lighting retrofit throughout the entire school. Outdated HID fixtures in the gymnasium and multi-purpose room were replaced with state-of-the-art T5 HO fluoresce3nt fixtures with lens covers and cages. GreenTech also installed occupancy sensors in the classroom and offices. Financial Information: Total Project Cost: ~128,582 Total Project Savings: $19,440/yr 2. Project Name & City, State: Los Angeles Unified School District Pico Rivera Warehouse Facility Information: Owner: LAUSD Number of Buildings: 1 Total Square Footage: 371,520 t3 Reference Name: Christy Guzman, Lighting Retrofit, Control Panel Address: 1545 Wilshire Blvd., Suite 100, Los Angeles, CA 90017 Telephone Number: (213) 207-2318 Primary Purpose of Facility Use: Primary Purpose of Facility Use: stores refrigerated, frozen and bulk Project Management: Project Status: _x_Completed In Progress Construction Start and End Dates: August 14, 2006 - Oct, 13, 2006 Each phase of project was completed on original schedule Scope of Work: GreenTech replaced the HID lighting with T5 fixtures. Occupancy sensors were mounted directly to the fixtures in Iow-traffic areas, and programmed to turn off after 10 minutes of the space being unoccupied. The starters on the motors were replaced with Motorboss, which detects variation in demand and adjusts voltage accordingly, allowing motor to operate close to 100% efficiency at all times. Its soft-start capability also decreases wear and tear on the equipment. We commissioned the panel on the lighting control system to operate properly, and provided in-house training on equipment operation. Financial Information: Total Project Cost: $264,547 Annual savings: · New Lighting System reduced energy usage by 50 percent, producing savings of $51,268 · Occupancy Sensors reduced energy usage by 35%, producing savings of $17,859 · Motorboss reduced energy usage by 32%. When extrapolated out to all motors installed, total savings equal $17,859 · Technology that prolongs the life of lighting fixtures, motors, and other equipment results in operational savings of approximately $2,500 a year Total annual energy savings: $121,640 3. Project Name & City, State: Mount Laurel Board of Education Facility Information: Owner: Mt. Laurel Board of Education Number of Buildings: 8 Reference Name: Bob Wachter, Business Administrator Address: 330 Mt. Laurel Rd. Telephone Number: 856-235-3387 Primary Purpose of Facility Use: 7 elementary schools, 1 middle school Project Management: Project Status: _x_Completed (2009) In Progress Scope of Work: Outdated 400-watt metal halide fixtures in all gymnasiums and multi-purpose rooms were replaced with state-of-the-art T5 lighting. Occupancy sensor controls were installed in all classrooms Financial information: Total Project Cost: 227,791 Total Project Savings: $63,368/year 14 4. Project: Berwick Bow Plant, Berwick, PA Facility Information: Owner: Berwick Offray Number of Buildings: 1 Total Square Footage: 78,000 Reference: 1414 Susquehanna Dr. gerwick, PA 18603 Dave Fifield, 570-380-0865 Primary Purpose of Facility Use: Plant for manufacturing ribbons, bows and gift wrap Project Management: Project Status: Complete Construction Start and End: Dates: June 2009 -July 2009 Contract Start and End Dates: June 2009-August 2009 GreenTech replaced 400 watt metal halides and T12 fluorescent lights with state-of-the-art technology, dramatically decreasing energy use and creating a brighter, more evenly illuminated plant. Financial Information: Total Project Cost: $196,038 Total Project Savings: $82,550/yr 5. Project: M & T Bank, Harrisburg, Pa Facility Information: Owner: M & T Bank Number of Buildings: Reference: Name: Carol Eicbelberger, 301 west plank rd, Altoona, Pa, 16602 Telephone Number: 814-946-6664 Fax Number: 814-947-5889 Primary Purpose of FacilH~y Use: Bank Project Management: Project Status: Complete Construction Start and End Dates: September 2009- November -2009 Contract Start and End Dates: September 2009-November 2009 All fluorescent light fixtures were retrofitted to an electronic ballast and T8 fluorescent lamps. Financial Information: Total Project Cost: $135,132 Total Project Savings: $2535/yr i5 6. Project: Charming 5hoppes Facility Information: Owner: Charming Shoppes, inc. Number of Buildings: 10 Lane Bryand-Mobile AL, Lakeland FL, Valdosta GA, Locust Grove GA, Pensacola Fl_, Tallahassee FL, Metari LA; Catherines - Lake Charles LA, Hattiesburg MS, Outlet - MS Reference Name: Tony Celona, Project Manager Address: 450 Winks Lane, Belsalem, PA 19020 Telephone Number: 215-633-4694 E-mail Address: anthony.celona~, charminR.com Primary Purpose of Facility Use:Retail Project Management: Project Status: x__Completed __In Progress Construction Start and End Dates: 2011 Contract Start and End Dates: 2011 Scope of Work: Replaced all T12 fluorescent lights with T8's in stores throughout the east coast Financial information,* Total Project Cost: $35,185 Total Project Savings: $9,381 7. Project: Staples DC, Orlando FL Facility Information: Owner: Staples Number of Buildings: I Reference Name: John Marzec, Energy Specialist, 508-253-976! Alan Starkey, Facility Maintenance Manager, 321-3544939 Address: S00 Staples Drive, Framingham, MA 01702 E-mail Address: iohn.marzec@staoles.com Primary Purpose of Facility Use: Distribution Center Project Management: Project Status: _x_Completed __In Progress Construction Start and End Dates: Contract Start and End Dates: Scope of Work: In warehouse areas, TS high bay fixtures were relamped with new, lower-wattage TSs. 260 of the 540 lamps were removed, eliminating over-lighting and glare, and other fixtures were repositioned, creating uniformity throughout the facility. In the offices, T:12 fluorescents were retrofit with T8s, and 32-watt TBs were relamped with 28-watt T8s. On the building's exterior, metal halide wall- packs were replaced with LED's. Occupancy sensors were installed throughout facility. Financial Information: Total Project Cost: $157,529 Annual Savings: $87,226 16 8. Project: Clntas, Alabama Facility Information: Owner: Cintas Number of Buildings: Reference Name: Jason Adcock, Distribution Center Manager Address: Telephone Number: (334) 409-9227 E-mail Address: Primary Purpose of Facility Use:Uniform cleaning Project Management: Project Status: _x_Completed __In Progress Construction Start and End Dates: Contract Start and End Dates: Scope of Work: In the aisles and staging areas of the warehouse, existing 400~watt metal halide high bay fixtures were replaced with new T5 HO fixtures with reflectors and occupancy sensors. In the front shop, offices, restruoms, cafeteria, conference rooms, and generator rooms, obsolete T12 fluorescent fixtures were retrofit with F28 T8 fluorescents. Exit signs lit with incandescent lights were replaced with new 2~ watt LED signs. Financial Information: Total Project Cost: $177,047 Annual Energy Savings: $102,644 17 RELEVENT EXPERIENCE Green Tech Energy Services, Inc. was incorporated February 1994 to design, engineer and install energy-efficient lighting retrofits. We have been offering performance contracting services since our founding. We have completed over 5,000 performance contracting projects. Although several dozen of them have been over $1 million, they average between $100,000 and $300,000. Below are details of a project we recently installed for a Pennsylvania township that indicates our capability to complete for a contract similar to Southold's. · Old street lights were replaced with state-of-the-art induction cobra heads. · In administrative buildings, 60-watt incandescent lights were retrofitted with 15-watt compact fluorescents, 150-watt high pressure sodium wall-packs were replaced by 40-watt induction wall-packs, and F32 T8 fluorescent fixtures were retrofitted to higher efficiency F28 T8s. · In garage areas, obsolescent T12 fluorescents were retrofitted with T8's. · In the police/senior center parking lot, 400-watt metal halide pole lights were replaced with 80-watt induction. · Sensors were placed throughout the facilities to assure that lights are turned off in unoccupied areas. · Energy and cost savings: Program Cost-- $397,642 Utility Rebate .... $36,198 Payback Period-- 4.4 KW Saved. 108 KVVH Saved- 495,493 Energy Cost Savings--S69,369 Operational Savings--S11,929 Total Savings $81,298 18 OFF EROR'S BACKGROUND Firm Name From 1994-1996: Greenlight Tech From 1996-present: GreenTech Energy Services Firm Address 122 East Kings Hwy, Ste. 503, Maple Shade, NJ 08052 Firm Phone 945-439-9400 Firm Fax 856-778-1668 Federal Tax ID # 22-3279565 Business Type Corporation Duns No. 87-750-8804 Principals/Officer Michael Betsch, Presider~ and CEO Phone #: Years with Company: 856-439-9400 18 Principals/Officer Paul Haviland, VP Phone #: ; Years with Company: 856-439-9400 18 Terrence Fox Archer and Greiner Corporate Attorney 856-354-3030, 609-580-3700 Total # of Employees 40 with the Firm FINANCIAL QUALiFiCATiONS AND STAB!Li!~ ©~- ~-!RM GreenTech Energy Services has been profitable every year since its founding in 1994, including each of the last three years. Its senior managers have been with the company for most of that time and there is very little turnover on the crews. (See Financial Statements, attached.) We are currently bondable for 100% of a payment bond and a performance bond for construction of this project. (See letter from licensed surety, attached,) iNDUSTRY ACCREDITATIONS · Pre-qualified for work in federal facilities through the U.S. Department of Energy · EPA Certification · Green Light's Surveyor Ally · Association of Energy Engineers · Trade ally/market partner with all major utility company energy efficiency programs in Mid- Atlantic region · Certified SBA COMPLIANCE WITH REQUIREMENTS The firm responding to this proposal understands and is able to meet the requirements specified in this RFP and attachments. 2o GENERA[ SCOPE OF SERVICES FIRM'S CAPABILITY TO COMPETE FOR AN ENERGY PERFORMANCE CONTRACT Ener~lv Auditin(i Our audit objectives are simple: reduce energy usage, reduce cost of operation, maintain and enhance building environmental systems, avoid equipment obsolescence and provide a payback within the customer's objectives. We will identify energy conservation measures and calculate the savings based not only on utility bills showing current usage, but on the verifiable results of samples lights installed on site pdor to full installation of the project. Our proposal package will compare these savings to the project costs (broken down by materials and labor), and show a cash-flow analysis over a ten-year pedod. System Design EngineednR Every project is custom-tailored to meet the customer's needs for energy savings while maintaining or enhancing light levels, climate control and other factors impacting the quality of the workplace environment. Procurement GreenTech is vendor-neutral, which means that all technology is selected based its ability to meet the needs of the customer and the particular applications involved. GreenTech has built a network of long-term relationships with lighting distributors that enables us to procure the highest quality materials at the most reasonable costs. Construction In order to provide for a streamlined installation, we use our custom Lighting Retrofit Program to provide our team of project managers with all matedal required, labor time, small parts, recycling requirements, disposal requirements, tracking system, quality control tracking, completion schedule and cost analysis. Most important, they are provided with a clear means of communicating our progress to the customer in an effective manner. Our Quality Control tracking system will show our customer when each retrot-~ is completed, the date the foreman inspected it and when the project manager inspected it, as well as the light levels and the energy savings. The QC process significantly minimizes punch list issues at the end of the job. All non lighting equipment will have an individualized commissioning procedure that will be reported on a daily basis as to the status of the process. Any work that does not meet standards set forth in the installation guide will not be recorded as complete. Project Management Dudng the project installation, the project manager is responsible for making sure that: · Installation meets customer expectations: workmanship, minimized disruption. · Costs are managed through the ~ tracking of direct and indirect labor, direct and indirect materials usage and tracking, other costs as relevant. · Extras as requested by the customer are billed. · Costs for changes (additions, changes and deletions that are not billed to the customer) are minimized. · Project sclx~ules are met or beaten. · Final meter readings are taken. · Spares are delivered and signed for · A purchase order is issued for the hazardous material. All hazardous waste materials are disposed of in a proper manner with an approved waste handling company. Commissioninq of Proiects Installations are continually inspected by the project manager. All fixtures, sensors and other equipment are checked for proper placement and functioning. Handling of Hazardous Materials As a tum-key vendor, GreenTech is very involved with the disposal of fluorescent light ballasts containing toxic PCB's. GreenTech uses a disposal company that separates the PCB capacitors for incineration and recycles the non-contaminated portion of the ballasts, such as copper and steel. Although more costly than landfill, we believe this is the most environmentally responsible approach, and we want to ensure the customer that the liability for these hazardous wastes are permanently eliminated. We will facilitate the transportation and/or disposal of all fluorescent lamps and PCB ballasts using an EPA-approved waste transporter and disposer. The customer will receive full manifest documents for the transportation and disposal of the above waste. TraininR: maintenance staff and occupants GreenTech partners with several companies to provide our customers with maintenance services and training. They will assess the current technical skills and knowledge of the customer's staff, provide a long-term staff development plan, and audit and report on building operations after training. Competency with Street Li(~htin¢l Proiects GreenTech has extensive experience with extedor lighting, including both parking lot and street lights. We have worked with a vadety of technologies and know what works and what doesn't in vadous applications. We are familiar with street and highway lighting regulations, as well as widng and interconnection issues that may adse dudng the course of the project. GreenTech follows the International Performance Measurement and Verification Protocol issued by the U.S. Department of Energy, which uses measurement to reliably determine actual savings created by an energy conservation project. Savings are determined by comparing measured use before and after implementation of a project. Appropriate adjustments will be made for changes in conditions (building use, occupancy hours, weather conditions, etc.) GreenTech guarantees that the difference between pre and pest-meter readings will fall within ten percent of the anticipated energy savings as stated in the audit. If it does not, GreenTech will compensate Southold to the extent such guaranteed savings are not achieved or, alternatively, it will modify the installations as necessary such that the guaranteed savings are achieved. GreenTech Energy Services will guarantee that the energy and operational savings in any year resulting from the project will be equal to or greater than the annual amount of payment required from the customer over the payback pedod. GreenTech follows the light-level recommendations put forth by the Illuminating Engineering Society for both indoor and outdoor activities. Calculations take into account factors such as average room surface reflectances and occupant ages. The goal is to avoid beth over and under-lighting, beth of which adversely affect safety and security, quality control, productivity, and comfort. GreenTech will submit beth a bid bend (guaranteeing that if we are awarded the job, we will agree to perform the work at the price quoted) and a performance bond (guaranteeing that we will perform the work in accordance with the construction contract and related documents). We also carry liability, auto and workers' compensation coverage. All these protections are provided through third party contracts, assuring sufficient coverage and an independent review of any claims that may be brought. However, GreenTech has a neady perfect safety record and no history of claims against it for failing to meet our contractual obligations. GreenTech provides a one-year warrantee on our workmanship, and facilitates manufacturer's warrantees on materials: five years on ballast,, three years on lamps. A proposed schedule for completion can be found in Appendix A. The project manager will meet this schedule through the following steps: · Update schedule daily with the information from field individuals, and keep records of the percentage completion for each task. · Repdnt and assemble schedules as needed to insure that updated schedules are available to the field in a timely manner · Assign schedule update respensibility for each major work category · Adjust timelines, adjust task times, and adjust resource assignments as needed; archive previous plans · Insure that current schedules are provided to the field · Initiate constructive change requests whenever work is delayed, damaged, or interfered with a pose a cost or schedule impact · Provide regular updates to conditions that may cause slippage, delays, project advances, or other information that will affect our delivery plan · Recommend changes that will positively affect project performance. FiNANCfNC:~ OMPANY We work with several financing companies on a regular basis that provide competitive rates and quick, efficient service for our customers. We have facilitated hundreds of municipal, t~x-exempt lease-purchase arrangements on behalf of schools and other customers in the public sector. We can provide Southold with recommendations for any of these companies. Below is a bid submitted by one of them for Southold Township. September 5, 2012 Lessee Information Address: Address Contact: Phone: Fax: Email: Town of Southold, NY 53095 Main Road P.O. Box 1179, Southold, NY 11971 Elizabeth Neville Equipment Description Equipment Description: Cost of Equipment: Trade-tn: Money Down: Street Lighting Aprox $1,064,770.00 N/A N/A Payment Terms & Conditions Term: 15 years Payment Method: Semi-Annual Payment Amount: $48,362.92 Ia Payment Due: 6 After Signing Interest Rate: 4.25% Rate Factor: Due Diligence Requests * This is a proposal only and is not a commitment to finance. This proposal is subject to credit review and approval and proper execution of mutually acceptable documentation. If approved, the quote referred to above will be held for 30 days from the date of this proposal. After said time, it may be adjusted based on market conditions. * This transaction must be designated us tax-exempt under Section 103 of the Internal Revenue Code of 1986 as amended. * $1.00 out at the end of the lease. * There are no other fees or charges. 24 E T SAV~G S $0 Financial Analysis for 15-Year Financing S~3 ~5S S797a9 S37705 5:,3710 E'160OO0 ~i40OOO ~120080 $80000 $60800 $40000 820000 $0 1$PcR 2ND'YR 3RDYR 4THYR 5TH¥~ 6THYR 7THYR 8THYT~ 9THYR 1OTH*f~ 25 Survey and Design The scope of services identified for this project includes a survey, consist of a walk thru in which we collect the fixture count, type of fixture, hours of operation, type of location, light level readings and type of retrofit best suited. Based on the audit data and other data collected by surveyors, an analysis and design are generated by GreenTech's in house Certified Lighting Energy Professionals and team of Professional Engineers. Due Diligence Phase Upon issuance by the township of a letter of intent authorizing GreenTech Energy Services to proceed, GreenTech will provide final engineering analysis of LIPA's electrical grid to ensure its compatibility with state of the art electronic lighting components. GreenTech will also provide Southold Township with individual mock-ups of all the recommended lighting retrofits to be installed throughout the township. Upon approval of engineering study and mock-ups, GreenTech will provide township with final contract documents. It is understood and agreed upon in the letter of intent that the township will proceed with contractual documents contingent upon financial and technical analysis coming within 5% of original proposal. Start-Up The next step is an intemal start-up meeting is held to establish a clear expectation of the customer's requirements pdor to meeting with them, followed by a meeting with the customer to review all expectations and go over the job installation scheduling and requirements. Venders and sub-contracts are reviewed and labor arrangements are made in compliance with the customer's standards. Then the head of procurement either purchases the materials or releases the product from inventory as required for the job. Installation Once installation commences, it will be the responsibility of the assigned installers to provide the following updates to the progress of the project plans, at a frequency deemed necessary by the crew leaders. At the completion of the project, the project manager meets with sales and operations for a project wrap-up and assures that guarantee meter readings are obtained. Based on the audits and assessment of the information provided, we will install the following: EXISTING PROPOSED SAVINGS Existing Existing Existing Lighting Existing Proposed Proposed Lighting Proposed K~VH KW WATT / WATT / Hrs./Yr QTY Description Fixture QTY Description Fixture Saved Saved Township 4,380 218 92 wATr 90 218 LED Screw-In A-Lamp INCANDESCENT 13.5Watt 14 73,262 16.677 50 WATT HPS R~ ~ KO Led Corbrehead 17 Township 4,380 445 COBRAHEAD 60 445 Watt 17 84,060 19.135 Township 4,380 378 70 WATT HPS 82 378 COBRAHEAD New Led Corbrahead 25 Watt 25 94,652 21.546 Township 4,380 21 100 WATT HPS 125 21 COBRAHEAD New Led Corbraheed 35 Watt 35 8,303 1.89 Township 4,380 281 150 WATT HPS 178 281 COBRAHEAD New Led Corbrahead 55 Watt 55 151,835 34.563 To,reship 4,380 88 175 WATT HPS COBRAHEAD 200 88 New Led Corbrahead 55 Watt 55 56,055 12.76 250 WATT HPS LED Flood Light - Slip Fitter Township 4,380 9 FLOOD 295 9 Mount 101 Watt 101 7,670 1.746 Fisher 100 WATI- Island 4,380 84 MERCURY VAPOR 120 84 New Led Corbreheed 35 Waft 35 31,366 7.14 100 WATT MH 4,393 8 COBRAHEAD 130 8 New Led Corbrahead 35 Watt 35 3,339 0.76 70 WATt- HPS 4,393 4 COBRAHEAD 70 4 New Led Cod)rahead 25 Watt 25 791 0.I 8 1,536 1,536 491,4~5 112 Proposed Proiect Schedule Task Name Duration Start Finish Board Approval/Letter of Intent 1 month 9/4/2012 8:00 10/4/12 17:00 Due Diligence 1 month 10/4/2012 8:00 11/2/12 17:00 Southold Start up 5 days 11/2/12 8:00 11/9/2012 17:00 Permitting/Material 30 days 11/9/2012 8:00 12/7/2012 17:00 Install 90 days 12/7/2012 8:00 3/8/2012 17:00 Punch List 15 days 3/8/2012 8:00 3/22/2012 17:00 27 Pau~ Haviland VP, Operations Controller Linda Fitzpatrick Mar~ LaVoice VP Sales & Marketing George Hodge Auditing: Chris Maxwell, Chris ~ Chris Wagner, [[.if;~l Harrin~ton Rich Comforto Admini_c~rative Assistants Lisa Aldridge, Therese Warger Mats ~ Jose Garcia. ~ Meza I (HVAC, Mechanical) Kevin Warren, CEM CHVAC. Mechanical) Management - Offeror's Approach to ManaRinR this Project GreenTech has devised strategies to address a variety of customer concems regarding disruptions to our customem' work processes, including safety, traffic patterns, aesthetic appearance and general disruption of daily operations. Our vast experience with industrial facilities, schools, retail outlets and other types of buildings has taught us how to perform work effectively around our customem' schedules, maintaining enough flexibility so that if their needs change, we can revise our own schedules accordingly. The process beings with our investment grade lighting and energy audit. GreenTech has a custom developed software package that enables us to determine the requirements of each energy conservation measure. Each of our measures are formatted by area, equipment, operating hours, material, labor, energy usage, energy savings and potential rebates. Our auditors meet with in-house personnel to discuss upfront the nature of the challenges and opportunities involved in a successful installation. Once a contract is signed, an internal GreenTech start-up meeting is scheduled in which all the information regarding the job is distributed to the vadous team members and efforts are coordinated by the project manager. A plan is developed to coordinate all the logistical issues to provide for a successful implementation. 28 At this point we are prepared for our Customer Start-up meeting in which a schedule is developed around the customer's operation with customer input. Since each area is cleady defined in our audit, a walk-through is usually in order discussing the windows of opportunity in which work can be performed. Since our crews are used to working around our industrial and educational customers' schedule while in operation, the problems are minimized. However, the since most important thing we do both before and dudng construction is to maintain communication with the customer. Our project manager will hold daily meetings or updates with the township managers and/or shift supervisors in order to maintain together a schedule that minimizes disruption to the site's critical mission. Our customers are given a daily status of the work completed in the line by line work flow either by email or hard copy. Understanding the work schedules change, we remain flexible, moving our crews around so that we do not disrupt your workflow of operation. Our project managers classify the work in two groups, easy access work that can be completed any time with minimal disruption and that which requires tight scheduling and coordination for areas that are done while in use by customer. Our goal is to schedule all difficult access areas first, leaving the easy access areas in between and in case of schedule changes. A well-thought-out schedule will serve as an important tool in minimizing construction delays, resulting in fewer disruptions to the customer's operations. We will further ensure smoothly running project by waiting until all items are readily available before beginning the installation. In areas of difficult access, boom lifts will be used or scaffolding will be erected. In areas that are impossible to reach while remaining in compliance with OSHA standards, the customer will be notified that the work cannot be completed in a safe manner. Self-Performed Work or Subcontractors Approximately 90 percent of our workforce is in-house, which allows us to handle all design, materials procurement, project management, monitoring and verification without the use of subcontractors. In instances where we need to use subcontractors due to licensing requirements, we have access to an established network of experienced contractors, allowing us to extend our services geographically while providing local teams who can meet each customer's needs. We assure that all parties involved have a clear understanding of the project's goals and the client's expectations, which ultimately help minimize field change orders and construction delays. Personnel Information - Qualifications and Experience of Staff Ass~ned to this Project Mike Betach, President - will oversee all teams with in GreenTech involved in Southold Project, from sales and desitin to installation and monitorincj Current Employment GreenTech Energy Services President 15 years Mount Laurel, NJ Responsible for developing and implementing the company's business strategy, implementing and managing sales force, and overseeing proposal development, now technelo~ evaluation and administrative functions. Previous Employment Educational Background Professional/Technical Must Recent Honeywell 11 years Managed sale and installation of over $15 million of energy ratrofit and maintenance services for commercial buildin~ls throu~lhout Southern NJ. BA Business Management LaSalle University Ph!!~l~l~nhia, PA EPA Certification Green Light's Surveyor Ally Honeywell Advanced Automatic Temperature Control Retrofit Training Association of Energy, Engineers Si~lnificant Energy Pro,iect Experience Has overseen retrofit in over Adventure Aquarium Menu Foods 5000 buildings, genereting savings to customers of $50,000,000 per year. Energy . solutions have ranged from energy efficient lighting systems and boiler replacement to variable speed drives and ground source systems. Customer base includes all types of commemiel buildings, ineluding schools, hospitals, retail, government, waste treatment plants, sports stadiums and aquariums. The following is a partial customer list. Behr Paint New Breed Beneick Offray Nine West Borders Peny Videx Burlington Coat Factory Philadelphia Airport Campbell's Soup Pine Ice Arena Charming Shoppes Quebecor World Conestoga Woods Resin Tech Conksan Electronics Rodale Dressbam Roosevelt Paper Eptech Smooth-On JC Penney Staples JCP Relamping Thomas Scientific J.E. Berkowitz Tyce/Kendall Jones of New York Victory JP Morgan VSE Corp. Liberty Properties Walmart M & T Bank Wm A. Schmidt Experience - 24 years experience as a client-focused professional with a balance of technical, marketing and management skills. Grow a company from start-up regional lighting retrofit company to $9 million national energy services business. 30 Paul Haviland, VP - will oversee all survey work and set up the project management team as well as the technical sales support team Current Employment GreenTech Energy Services Vice President 15 years Maple Shade, NJ Oversees all aspects account management, energy auditing, proposal development, commissionin~ and project acceptance. Previous Employment Most Recent Next Most Recent Honeywell CBG ML Systems, Alcoa 4 years 5 years Account Executive - marketing, sales, Developed energy services projects in implementation and installation commercial buildings with a p~nary management of all lighting rebofits in focus on lighting efficiencies South Jersey. Educational Background Kutztown University Kutztown, PA BS, Business Administration Professional/Technical 1991 Signature Aboard Salesperson of the Quarter 1989 Philips Lighting Retrofit Treining Course 1990 Osram/Sylvania Lighting Product and Retrofit Training Course 1991 G.E. Lighting Product and Retrofit Trainin~l Course Si~lniflcant Energy Project Experience Iwithin the past 5 years} 1. 2. Project: Liberty Properties Fox Chase Cancer Center Location: Philadelphia Philadelphia, PA Type of Facility: Office building Hospital Project Cost 2009 2009 Date: $42,000 $420,00 Responsibilities Oversaw all aspects of account Oversaw all aspects of account management, energy auditing, proposal management, energy auditing, proposal development, submission, design, development, submission, design, contract negotiation, project contract negotiation, project management, installation, M & V, management, installation, M & V, commisslonin~l and proiect acceptance cemmissionincj and project acceptance 3. 4. Project: M & T Bank Conkson Electronics Location: Location: Harrisburg AJtoona, PA Type of Facility: Office building Facility: Manufacturing Date: 2008 :2009 Responsibilities $2,329 $172,942 Oversaw ell aspects of acco*Jnt Oversaw ali aspects of account management, energy auditing, proposal management, energy auditing, proposal development, submission, design, development, submission, design, contract negotiation, project contract negotiation, project management, installation, M & V, management, installation, M & V, commissionin~l and ~)reiect acceptance commissionincj and project acceptance Experience: Developed and implemented GreenTech's business strategy, growing business from regional lighting retrofit company to national energy services company. Has managed and coordinated installation of over $20 million in EMS proiects. 31 Matt Colbert, Project Manager - will prepare schedules, attend scope meetings, supervise field construction, and )rovide status reports to Southold. Current Employment Project Manager 9 years Maple Shade, NJ Responsible for installation of energy solutions at numerous education and commercial/industrial facilities Previous Employment Most Recent Next Mcat Recent Honeywell DMC Vision Impact 2 yearn 2 years Project Supervisor in Energy Solutions Construction Foremen Division Educational Background Associates Degree, Uberal Arts President's List Camden Count~ Collnge, Blackwood, NJ Professional/Technical Honeywell Federal Project Management Training, 2000 Significant Energy Project Experience (within the past 5 years) 1. 2. 3rojeol: Conestoga Wood Parkland School District Location: Beavertown, PA Allentown, PA Type of Facility: Manufacturing and Distribution School Project Cost Cost: $81,912 Cost: $391,451 Date: Date: 2008 Date: 2009 Responsibilities Responsible for design, purchasing and Responsible for design, purchasing and receiving material, customer relations receiving material, customer relations during installation, and documentation of dudng installation, and documentation the listed performance contracting of the listed perfo~nance contracting projects, projects. Location: Type of Facility: Project Cost Date: Responsibilities Experience Miliville Housing Authority Federally Funding Apt. Complexes Cost: $850,746 Date: 2006 Responsible for design, purchasing and receiving material, customer relations during installation, and documentation of the listed performance contracting Ben~ck Otfray Ben~ick, PA Plant Cost: $196,038 Date: 2008 Responsible for design, purchasing and receiving meterial, customer relations during installation, and documentation of the listed performance contracting pmjects. Matt Colbert has been in the energy business for over 13 years. He recently passed lhe CLEP ce~irmaflon exam. He has been responsible for successful installations of energy solutions at numerous facilities, including schools, housing complexes, plants, warehouses, retail stores, and govemmont properties (Fat Dix, Fort Bragg and Fort Wainwright). His responsibilities include purchasing and receiving metadal, overseeing project schedule, managing personnel and customer relations, and documenting the listed performance contractJr~l. 32 Chris Maxwell, Auditor - will be responsible for the initial survey and will prepare photomebics and other technical dooJmentation for project desitin. Current Employment GreenTech Energy Services Auditor 9 years Maple Shade, NJ Lighting Surveyor - involved in designing new lighting layouts in numerous educational and commercial facilities. Previous Employment Project: Location: Type of Facility: Project Cost Date: Responsibilities Most Recent Eagle Energy Sen/ices 1 year Survey/or, Parts Mana~ler 1. US Coast Guard Location: Sandy Honk and Ft. Wadsworth Type of Facility: Government Cost: $990,000 Date: February 2008 Responsible for the initial walk-through of a facility, preparing a detailed summary of all the existing lighting, and preparing new lighting designs. Lower Medon School District Location: Ardmore, Pa Type of Facility: school Cost:$15,000 Date:2009 Responsible for the initial walk-through of a facility, preparing a detailed summary of all the existing lighting, and preparing new lighting designs. Location: Type of Fasility: Project Cost Date: Responsibilities Staples Levittown, PA Type of Facility: Distdbetion Center Cost: $25,391 Date: 2007 Responsible for the initial walk-through of a facility, preparing a detailed summary of all the existing lighting, and preparing new lighting designs. Campbell's Soup Napoleon, OH Type of Facility: Manufacturing Cost: $1.5 mill Date:2009 Responsible for the initial walk-through of a facility, preparing a detailed summary of all the existing lighting, and preparing new lighting designs. Other relevant technical expadence: Chds Maxwell has been involved in designing new lighting layouts in numerous educational and commercial facilities. He is responsible for the initial walk-through of a facility and/or detailed summary of all the existing lighting for potential new customers. He is also responsible for preparing new lighting designs based on the dual objectives of reducing energy costs while improving quality of light. 33 Team Member: Steve Di Giacomo, PE, CEM Current Employment Previous Employment Educational Background Professional/Technical Sub contract - GreeeTech Energy Services Energy Consultant 5 years Franklin, MA Enen:jy audits and analysis, controls optimization, ratro commissioning Most Recent EMA Energy Management Associates 10 years Provide facilities with energy engineering analysis, simulations and LEED commissionin~l services BS, Mechanical Engineering, University of Delaware, Newark, DE Drexel Graduate School of Business Management, 30 MBA course credits, Philadelphia, PA Licensed Prof. Engineer: MA, CT, RI, PA, DE NCEES PE Certified New England Assn of Energy Engineers American Society of Heating, Refrigeration & Air-Conditioning Engineers Harvard School of Public Health: Indoor Air Quality CEU Credits, AEE Project of the Year Award IAQJ'Ventilation articles: Journal of Energy En~lineedn~l & En~lineemd Systems 3i~lnificant Energia/Pro~ect Experience {within the ~ast 5 ~/ears) 1. PH Office Park Location - Waltham, MA Type - Commercial Office Cost - $596,000 (controls upgrade) Date - Dec 2005 Role - Energy audit and analysis Next Most Recent R.G. Vanderweil Engineers, Inc. I year Provided Boston Edison DSM program development and implementation. Hewlett Packard Marlboro, MA Type - Corporate R&D Cost - $243,000 (controls upgrade) Date - Dec 2005 Role - Energy audit and analysis Franklin School District Franklin MA type - K-12 Cost - $569,000 (MH conversions to T-5 & controls upgrades) Date - May 2006 Role - Energy Audit Harvard School of Public Health Location - Boston, MA Type - Post-Grad University Cost - $700,000 Date - December 2005 - July 2009 Role - Energy audit analysis(lighting and control upgrades) ExpeHence: Has conducted all aspects of environmental system analysis for ECM opportunities, including survey of existing equipment, operating schedules, utility bill analysis, ECM recommendation, savings analysis, proposal preparation, commissionin~l durin~l installation, and M & V. 34 PART B: COST PROPOSAL Existing Lighting Customer Information Cost Analysis Us~ ~le Energy Savings Enemy Cost Savings Lighting Program Payback KWH KW KWH Energy Operation Total Building Location Cost Period KW Usage Usage Saved Saved Savings Savings Savings LED RETROFIT $1,102,278 13.8 157 690,044 112 491,517 $73,170 $6,500 $79,670 35 ~ RFP SUBMISSION FORM CompanyNam¢: GreenTech Energy Services, Inc. ~ Company Federal Tax i~ Id~m§fiealion Numloer: 22-3279565 ~ Con~actPerson . Michael Betsch  Phone: 856-439.-9400 Fax. 856'-778-1668 ~ F.-mafl. lfitz~greentechenergy, com · · ~l~ CONI?LI~ OF INTEREST CERTIFICATION · I Hg--~Y CH~TIFY, on behalf of Gr eenTech Energy , that ll~ith~ the Towll ~l~ Supervisor, nor any other officer, agent, or employ~ ofthe.To, wn, no member of tl~ .~oveming ~ body of the Town, and no member or.employee ora CommissiOn, ~ or Co .r~ret~on ~ controlled ..or appointed by the Supervisor and Town Board oftl~ Town has reee~ved or has been i .promised dingily or indirectly, any/~r~,neial I~nefit by way of fee, commission, finder's fee, or ~ m any otl~x manner, remuneration direotly or. indirectly ~d..to this eoalsact. Upon requ~t ~ by the Town Attorney, or ~ authorized .a~..t, as a.p .~u~t~ to payment pursuant to the · ?,.~ of a contraca awerded porsuant to this bid submlsm'on, G r e e n T e c h Ene.r ~? will ~ furnish to the Town Board of the Town of Southold, under oath, am~rs tO ..any intma~gatories '~ and oorapiy with any request to ~ do~um~ts related to a pos~'bl¢ conflict ofinterest as ~ I~l-I~Grl~eeYCERTIFY, onbehalfof Michael Betsch thatnoemployeeoragent ~ of GreenTech Energy is amember or employee of any .a~_. oy, ~ilssion, boaxd · or corporation of the Town of 8outhold or is the spon~ or any other r,,J-nve of my of the ~/ foregoing.- . . . ~ IfGreenTech Energy is unable to so eertify, the ck'lails of any sudl relationship with ~ the Town of Southoid are di~lo~xl herein: I do solemnly declare and affirm under th~ penalties of perjury that the contenls of this af6davit are true and correct. Michael ~'~.~L~~-.%m~, //~/ ~),g ' Date Septembe~r 5, 2012 - ' (~ ' STATEOF: New Jersey COUNTY OF: Burlington pubh¢ m ~md fo~ ~aid ~at~, I~mOn~dly .~. , p~omlly kno~vn to me ~ proved to r~ on th~ sm, ne In I~l~r c~ty and .tl?.by per~m upon whom~ b~half of which/fll~ mdividgal ~ ~xeffat~d.tlle il~trume~. · I AFFADAVIT OF QUALIFICATION TO BID I HEREBY AFFLRM THAT 1) lm-nthe President aud~dtdyauthodzed  (Title) representafivcofthef~m GreenTech Energy Services, Inc.andthatI (N~ne of Corporation) possess the le~al anthodty to make this affidavit on behalf of myseif and the firm for ~ whioh-I am actin~ · 2) Thcfirln GGreen'eenTech Energy is either anew York corporation or is a foreign corporation properly rcgiste~l with the New York State Deportment of Taxation and Finance. Except as described in par~ ~:.h 4 below, neither I nor the above firm, nor to the best of my knowledge, any of its officers, directors, or pattuers, or nay of its e~nployees directly involved in oblatnin~ contracts with file State or an county, M-county, or mul~county agency, or subdivision of the S/n~to have been convicted of, or have pleaded nolo contendere to a charge of, or have, during the course of an official investigation or other proceed/n~ admitted in writing or under oath, acts of omissions which constitute bribery, attempted bn'bery, of conspiracy to bride, whether or not in of obtaining a contract with a public body under the laws of any s~atc or the Federal government. 4) List any conviction, pica, or admission dsscn'bed in paragraph 3 above, with the date, court, official, or administrative body;, the individuals involved and their position with the firm; and the sentence or disposition, if any. Otherwise, state "none" as appropriate. 5) Neither I nor the above firm. nor to +,he best of my know~edge an owner, paztner, controlling stockholder or principal of the 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 obtainin~ ~pting to obtain, or t~ormlag a public or prtva~ contra~t; or (ii) fraud, embezzlement, theft, forgery, fi*l~ifieelion or destruction of records, or receiving stolen property; (2) been convic/~d of a crlmiml violation of an antitrust statute of the b-'tato, another state orthe Uniagl S~t~e-s; (3) b~m convicted cfa violation of/he Racketeer Influenced ~ Corzupt OrLmni~tlon Act, or the Mail Fraud A~ for act~ in connection wffh the submission of bids or propuzals for a public or private couhact; (4) been convicted of a conspiracy to ~ommit any act or omission that would oonsfitut~ grounds for conviction undor any of the laws or statutes described herein; (5) been found civilly liable under an antitrust statut~ of the Sta~, another state orthe United States for a~s or omissions in c~noection with the submission of bids or proposals for a public or private contract. Bidder hereby decla~ that this bid is made without any connection or coHmion with my p~',e~on, finn or corp~ration making a bid for the same work; that pursuant to thi.~ 21 affidavit; that the altsched spedficafions and any draw/~Es refer~ed to herein ha~ been carefully examined and ar~ un~; hSat carefu/examination hss been made a~ is nec~ry to become informed a~ to the character and extent ofth~ work requ/red; and, that ifth/s bid is accepted, this Bidder will .c~n..trot. to do, for th~ prke stated in th~ ~ ~COnndi~ o~mi~ ali of thc work de~dbed in the ~peoificafione, drawings and 7) I acknowledge tha~ this affidavit is to be furnished to the Town C~e~k ofth~.Town of $outhold. I acknowledg~ flutt, if thc .rcl~cs~.tations e~ fo~e~h in this affidavit arc not truc and correct, the Town of Southold may terminate any contract awe~led and tekc any I do solemnly declare end affirm under thc pcaaltic~ of perjury ~ea~ thc contcntz of~m affklavit at, true and co,cci //~ I I :.¢=, .. . STATE OF: New Jersey COUNTY OF: Burlington ss: Oaths...5. dayof September inth~y~r2012b~o~m©,fl~undm~d, ano~ary known to m~ or p~owd to mc on the b~is of sa~fa~onf ~dd~e to b~ th~ imdi~dual who~ ~am~ m hi~ner ~padty and .~h~..by h~/h~ ~ignatm~ on the ~mmemt, th~ h~iMd~ or ~ ' RFP SUBMISSION CERTIFICATION OFFEROR I~IU~I' RETURN THL~ COMPLETED FORM WITH PROPOSAL SUBMISSION PROPOS~SUBMI~BY: ~ichael Betsch GreenTech Energy Services, Inc~ ~D~S: 122 E, Kin~s Hwy. Suite 503 Maple Shade, NJ 08052 PHO~' 856-439-9400 ' ~L: lfitz~green~echenerg~ .co~ . R~p~t ~ S~n F~ ~m ~d ~mpl~ of~ ~n ~ ~ ~ ~ ~ ~ ~Y ~ ~ · e m~m~ ~l~on ~ ~ i~ ~ To~ of ~lffs ~ ~r v~ mr Si~ ~fchael B~ t~h ~~ ~TA~ OP. ~ .~ ~ ~y of September p~in ~ ~d ~ ~y~ .... ,~Y ~in ~ ~ ~ ~ ~ ~ s~ on ~ ~ ~ ~d~ ~ TOWN OF SOUTHOLD REQUEST FOR PROPOSAl. FOR THE TOWN OF SOUTHOLD GUARANTEED ENERGY SAVINGS STREE LIGHT RETROFIT/REPLACEME,NT Attachment D: Non-Collusive Bidding Certification Proposal Due Date: September 6, 2012, 10:00 AM STATEMF:NT OF NON-COLLUSION (To be completed by each Bidder) . In accordance with Section 103-41 Gcncrel Municipal Law, ettectiv= 5t~pt~nber !, 1966, every bid or propo~l hercaflcr made to a political sulxlivision of the Stat~ of.any public depertmcnt, agency, or official thereof or to a fo~ district or any agency or official .the~o. f for work. or services performed or to be pcrfonned or goods sold or to be sold, ~ co,hiin the following statement subscri. 'bcd to by the bidder ~ affirmed by such blddor astme under the penalties of pexjory; non-collusive bidding certification. . A. By submission of this bid, each bidder and each person signing ma behalf of ~ bidder certifies, and in ~he case of a joint bid, each party thereto certifies ?. to its own orgnniTation, under penalty ofperjln'y, that to the best o~knowiedg~ lind bellefi (1) The prices in this bid have bee~ onived at ind,~0cndeatly without collmi.on, con.qultation, communicetion, or agreement, fo~ the purpose of restricting COlllp~titoi'. · · · . (2) Unless othor~sc requ/red by law, the imces..w~.'ch have been quoted in thru bid have not been knowingly cli~cl~ by thc biddm nmi will not knowin.gl.y, be disclosed by th~ bidder prior to openM~g, directly or indirectly, to my other bidder or to ~ny competitor. . (3) bio attempt has been made or will be made by the b'.~ld?, to induce ~ny other pcrson,.pozomemhip, .o~_.corporafion to submit or not to submit a bid for tbe purpose of remrictin$ compeutton. Thc person B. signing this bid or propos~ cc~ifies that hc lam fully informed himself regarding the ~ccumcy of the statemenis contained in tiffs certification, and under the statement~ containcd in this certification, and under thc permlties of perjmy, ~ffirnm the 36 truth thereof, such penalties being applicable to th~ bidder, a~ well as th~ p~rson s~gnmg in its behalf. . . C. That att~h~ hereto (if a coq~ate bidder) i~ a ce~d .fi~i, copy of resolution aulho '~ri~? lhe execution of this c.,e~tifi~ by the signature of th~s bid or proposal on behalf of me ~orporate bidder, RESOLUTION Nichael Be~$ch ofth~ C~reen~ech E aufltoriz~d to,7~j, gn and. submiLthe bidorpmp~ of tms_~l~m~ton~ ~ GUARANTg, ED ~[ERG¥ [tAVING$ hundr~d,thr~-d 0 03.d) of the Oeneral M~etpal Law a~ ~.tiff. a~t and d~,. ,o,t ~u~..c°, ,.q~. ,°~ ~ for zny ina~ur~im or miss-state~em~ in ~ueh ex~tificate this ~xpors~ ma~u~ copy of ,the resolution adopted by (S~AL OF Tim CORPORATION) l. aw, of Now York; 1~65 Michael Bet$ch effe~iw on ~nber 1, !965. S~gn~uro 37 GREENTI~CH ENERGY 8RRVlC'F_.S, INC. AND SUBSIDIARY CONSOLIDATED FINANCIAL STATEMENTS ~-010 AND 7.909 GEPHART NERI & MAHER LLC N~w J~sE¥ SociF:~Y (3F CPAs (856) 354 7666 Fax (856) 427 0429 To the Shareholders of G-reenTech Energy Services, Inc. We have reviewed the accompanying financial statemenls of GreenTech Energy Services, Inc. as of December 31, 2010 and 2009 and for the years then ended. A review includes primarily applying analytical procedures to management's financial data and making inquiries of Company management. A review is substantially less in scope than an audit, the objective of which is the expression of an opinion regarding the financial statements as a whole. Accordingly, we do not express such an op'mion. Management is responsible for the preparation and fair presentation of the financial statements in accerdance with accounting principles generally aeeeptod in tho United States and for designing, implementing and maintaining internal control relevant to the preparation and fair presentation of the flllaneial ~m_enlents. Our responsibility is to conduct the reviews in accordance with Slatemants on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. Those standards require us to po'form lmocedures to oblain limited assurance that there are no material modifications that should be made to the fimmcial statements. We bcliew that the results of our procedures provide a reasonable basis for our report. Ba~d on ou~ review~ we are not aware of any material modifications that should be made to the aecempanying consolidated financial statements in order for them to be in conformity with ox~ounting pr'mciples generally accepted in thc United States. Our reviews were made for thc purpose of expressing limited assurance that there are no material modifications that should be made to the financial statements in order for them to be in conformity with generally accepted ~eoonting prineiplas. The accoml~nying supplemental information is presented only for supplementary analysis purposes. Such information has been subjected to thc inquiry and analytical procedures ~pplied in the review of the basic financial statements, and we are not aware of any material modifications that should be made thereto. GEPHART NERI & MAHER LLC Voo~hees, NJ May 31, 2011 526 S, BURNT MinE Ri3. * Surm 200 · VOOmmES, NEW JERSEY 08043 MGCPA~COMCAST.NET * ANEIL!CPA~COMCAST. NET' THOMASM^HER~COMCAST.NET GREENTECH ENERGY SERVICES INC. and SUBSIDL~RY Table of Contents Accountant's Rtwi~ Report Consolidated Balanc~ Sheets Consolidated Statements of Income Consolidated Stmc~cnts of Ca~ Flows Page. 1 2 3 4 Notes to Co~olidated FinaacAal Statemea~s 5 ~ 8 ScheAulc of Campl~d Conm~s 9 Schedule of Contra~ in Progress 10 Con~lidating Balance Sh~t 11 Consolidating Statcrac~t of Income 12 Consolidating S~m~mt of Cnang~ in sh~holdcrs' Equity 13 Consolidating Statemem of Cash Flows 14 GreenTech Energy Services Inc. and Subsidiary ~onsolidMed Balance Sheets As of December 31, 2010 and 2009 co,ts and F_.st]m~t~d 5J~ming$ in Exce~ of Billings on U~completsd Cor~mcts Total Current Assets Total Assets 20t0 2009 1,052,688 $ 163,094 2,763,751 2,751,388 10.000 10~738 7,013 Tr,564 74,397 3~036r112 195.~61 181,g61 219,~.1 135,770 82,849 6,gg5 10~4,g3 LIABIUTIE8 and SHAREHOLDI~R~ EQUITY Current LiablllUes Accounts Payable and Accrued Expenses Billings In Excee~ of Costs and F-.~mated Earnings on Uncoml~,~d Contracts Bank Loan Loans Payable - Curt'eof Portiml Total Current Llablll~ Long Term Uabll~ea Loans Payable- Long Te~Tfl Po~ Total Sha~' Equity Cumma¢~ Stock, autho~zed 2.5OO shares; par value $1 per sham; 2OO shares issued Capital In Excess of Par Retalnab Eemlngs Total Shamhok~rs' Equity Tolal Uabi[ffles an~ Shareholders' Equity 472,728 $ 78§.174 219,976 38,726 31 ,t09 43,662 1,723,811 867.562 27.019 59,838 1.751,430 927,400 2OO 2OO 9,800 9,800 2,669,553 r2t411,375 2~679~553 , 2~421~75 4,430,983 ~ 5,3481775 See Accompanying Note~ and Acc~ntant's Re.ct Page2 GmenTech Energy Services Inc.. and Subsidiary Consolidated Statements of Income and Retained Earnings For the Years Ended December 31. 201 0 and 2009 2010 20~ Revenue Earned $ 7.450~29 $~.760.033 Coet of Revenue Earned 4.277.981 Gmss Pn~lt 3. t72.448 3~451 ~082 SMIIng. General and Adrnlnls~mtlve Expense~ Pa~I a~ ~ 1.5~.7~ t .~5.787 ~1T~ ~9.~ 1~.97~ T~ ~ ~ 101.~ 92.371 I~ ~.114 ~0~ ~ 75~ g3.771 T~ ~,I~ 42,~ ~ ~ 21,49t ~ ~ ~ 14,~ t t .741 ~ t4,~ 10~15 ~e a~ De~v~ 7,474 ~ T~ 5,~ (2~91) ~ T~ I,~4 4~9~ T~ ~1~. ~al a~ ~i~e ~ ~1,~ ~416,3~ O[~'ating Income Income before income Taxes Re~ained Earnings. Beginning of Year Less Shareholder Dlstrlbullor~ Re,dried Eamlnge. End of Year 520.515 1.034.779 (,5,S2~) 554.661 3~375 4~175 ~,~47~7 (~,~0~) See Aceomp~n~ng ~ ~nd A~count~n~s Rel~t Page 3 GreenTe~h Energy Services Inc. and Subsidla~J Consolk~ated Statements of Cash Flows For the Years Ended December 31. 2010 and 2009 2010 20o9 provided by o~era~g [:)er~edatfl~ and Bad ~t ~ In~ In ~ (In~) ~-~ ~ ~ In~ ~ P~d ~ Net ~ge ~ B~ ~ ~ of~sb a~ ~~ (In~) ~ ~ ~Y ~ln~ ~ ~d~ Net Cash Provided by Opemling AclNities C.,ash ~ from Inves~e Activities In.ease Jrt Adv*m~ces to Rma'~ed P~rchases of Fixed Assets Decrease in Security Deposits Ne~ Cash Used in inve~ng Ac~vilies Ca~ ~ from F'manctna Actlvt~es L~an Proceeds Loan Repaymef~ts Shareholder Dl~tbultons Net Cash Used In Flnam;tng Ac0vlfles Net Increase (Decrease) in Cash and Ca~ El~ivalents Cash and Cash Equivalents, e~d ofyem $ 551.286 $1.~23,528 92.501 81,602 48,1g0 (207,624) (1,069,942) 738 1.300 (7.013) 217.745 27.039 (3.167) 11.743 (312,448) (73,945) 332.018 49.515 (52.92O) (64.962) (55,142) (108,159) 3,40~ (104,564) (173.121) 1,350,000 411,117 (394,772) (399.258} (293,108) (260,000) 662,120 889.574 (371,747) 16~.094 534.841 $ 1,052,668 $ 163,094 SUPPLEMENTAL INFORMATION: Intam~ Paid I~coma Taxes Paid $ 5,523 $ 7.076 3,655 See Accompanying Notes and Accountant's Report Page4 GREENTECH ENERGY SERVICES INC. and SUBSIDIARY Notes to Consolidat~ Financial Stat~mcnt~ Decexnbcr 31, 2010 and 2009 NO~ 1 - 8UI~Y OF SIGNIFICANT ACCOUNTIlqG POLICI~_~ Gr~nTech ~ Services Inc., h~n~P~r ~d to as "the Company", was inco~poratmt in the s~te of New Jersey on Febr~m~ 10, 1994. The Compmuy i~ mi ~rical contractor whose p~kumy msrket is lighting r~rofits. The work is per, formed und~ fixed- price ~. The lengths of the conlracts vary but m~ typically l~ss than one y~ar. In 1997, the Company f~med a wholly-owned subsidiary, Technology Finan~, Inc., to pxovide lease financing for its customers. fro~ esfimate~ ~ we~o ~sed. Revm~ and Cost R~mmifion Thc ~~ ~ ~ ~ ~ ~ ~ ~ on ~ ~f~ m~ m~ ~ ~ p~e of ~ ~ to ~e ~d~ ~ ~ ~ be ~ ~ ~le ~ of ~ ~ ~. B~ of ~ ~ ~ ~ ~ ~, s~yph~ ~d ~. S~ ~ ~ ~ job p~ j~ ~fi~ ~ ~ ~ ~ r~t ~ ~ ~ ~ ~ ~ j~ ~ ~ ~ job ~ j~ ~, (cont/aucd) Page 6 The asset "Costs and estimated earnings in excess of billings on uncompleted ccralracts" repres~al~ mvmues rec%oni?ed in excess of amounts billed. The liability "Bil~n~ in exce~ of costs and e~tha~ earnings on uncompleted contracts" l~tesents billin~ in excess of Cash and C~h Equivalems The Company eonside~ highly liquid invesm~e~m with a maturity of throe months or le~s when purchased to be cash equivale~. Accounts Receivable Maaagemmt beli~es tha~ a~oun~s receivable are fully collectible and that no allowance for uncollech31o ac~mats is needed. Whe~ accounts are judg~ to be uncollectible, ~ey are wriltea off directly to bad debt expense. ~nv~to~y Inventory i~ stated at the lower of averag~ co~t or maflcot value. Fixed Asse~ Fixed asso~ ~re stated at cost. Dq~ci~km is provided p~neJpally on the straisht-line roethod ove~ the e~uuged u~,~xfl lives of tbe assets, which s~e ge~swally fi'om three to sevin y~rs. The Company follows the policy of charging the cos~ of adverb--S to expense as incm're& Iuc~me Tax~ of the Internal Revenue Code ~or Federal m~d New I~~. ~ ~yis ~ ~ ~ ~~~ ofS~ S of~~ ~e ~ ~a~M~. ~ ~ ~ ~ f~F~, ~ I~, ~a ~ ~. F~ ~ ~, ~ ~y ~ ~ ~l~ ~ ~ of ~1~. (co~am,,xt) Page 7 NOTB 2 - DEBT The Corapany rnai~ a $1,500,000 line of ca~dit wilh a bank Tl~ line of credit is secured by accoums rec~vabl~, inv~y, equipm~ ~ ~ ~ ~ in~ al 3-5% over ~ British Bankers A~ociat/on r ,~OR Rate. This fa~lity exph~s ~ ~ly 10, 2011. The Company's long-t~m d~bt ecasists of standard ~a~ra vehicle loans, ~he outstanding pri~pal of which was $58,728 and $103,500 at Dec~nber 31, 2010 ~12009, ~ctively. 2011 $31,110 2012 $I1~22 2013 $ 9,708 2014 $ 6,689 NOTE 3- COMMITMBNTS AND CONTINGI~ICIES The Company's fntu~ lease co,.,,,;tm(mls fo~ o~i~ space am: 2011 $84,152 2012 $70,690 2013 $64,697 2014 $66,176 Th~ Company is couling~utly liable to its surety under a ganc~al indcmuity agre~ucat Undur this a~t, th~ Company agrees to ind~fy ~ surety for any payn~a~ made on its bohr. The Coq, any b~lim, ea that all contingent liabiliti~ will b~ satin6ed by its perfo~ms~xce on the specific contracts coveted by the agreement. The owners of the NOTB 4 - CONTRACTS RECEIVABLE Contracts rec~vablc consist of the following: 2010 2009 Billed Compl~xl ~ $1,989,387 $ 1,468,031 Contta~ in progmas 774,364 1,283.357 Total $2~7 3~ 2~ R~tairmg~ iucluded in above Pag~ 8 Of fac total ex)nh'act receivables at December 31,2010, approximately $438,000 is due from I-intchJmson Mechanical Service, $414,000 is du~ ~ the Los Angeles, CA Ullified School District, $380,000 is duc from Fox Chase Ctm~ Ctmt~, $329,000 is due Downingtown, PA School District and $308,000 is duc from Nme We~t. NOTE 5 - UNCQMpLETED CONTRACTS Costs, eatimated earaJ~s, md billings tm untmmplffied contracts are mmamarized as follows: Cost~ incaux~d tm Less: Billi~ ~ da~ $ ! ,751,894 $2,998,687 __1~.3__99,875 1,488,528 3,151,769 4,487,215 .3.,3_71,745 _4 4~89,446 sh~ un~r the following capt.: Cosl~ and intimated in excess of billings on Billin~ in exceas of costs and estimated ear,6nEs on $ .-0- $ 36,495 (219,976) (38.7263 $ (219.9761 ~ NOTE 6 - BACKLOG As of Decembe~ 31, 2010, appwximat~ly $1,055,000 of work remained on ~leted c, ontraets. Since then, new contracts totaling $3,371,000 have been signed. NOTE 7 - ADVANCES TO RELATED PARTIES The Company's owners are involved in a vanturo to market alternative enm-gy systems. In eom~e~tion with this vtmture, the Conrpany has advanced $135,770 to the v~at-ur~ and other owners in the ve~mre on a non-interest beating basis with no fixed t~m~ of repayment. GreenTe~ Energy Services. In=. Schedule of Completed Conflacta For tho Year Em:led December 31,201D Contrac~ Total~ Before January 1~ 2010 the Year Ended De~ember 31. 201~ Revenues Coat of (~'oee Revenues Cost of Gross Revenues Coat o/ Gross Proiect Earned Revenues pr~fit Earned ReVenues Profit Earned Rmmnues BenwickMainPlent $ 168,000 $ 79,443 $ 78,557 $ $ $ $ 158,000 $ 79,443 $ 78,557 CampbelJ ~up Napoleon 2,142,083 1,276.~71 86~,012 1,554.,830 1,057,870 408,~60 887,8~3 218,801 369,052 Del Monte 208,592 107,264 101,328 13~,832 9~,381 41,461 73,760 13,883 59,877 DoJbarton School 82,377 28,172 24,208 897 630 267 51,480 27,64,2 23,938 Fox Chase Parking Garage 465.000 247.917 217,083 137,812 91,753 46,059 327,186 166,164 171,024 Hamilton SD 154,735 95,416 59,319 133,946 92,049 41,897 20,789 3,367 17,422 LAUeD Ft. MecAr~ur 453,131 363,772 89,359 386,164 305,608 80,55~ 96,967 58.164 8,603 LAUSD Pt. Ferrule ES 408,583 263,434 145,149 313,041 197,807 118,23~ 95,542 85,627 29,915 Nine West 308,870 148~T/8 1 e0,292 308,570 t48,278 160,292 Par~lanci 8D 214,496 t40,413 74,045 214,458 140,413 74.045 Siegfried (USA) Inc. 109,896 92~633 17,322 109,855 02,533 17,322 Staples Killingly 133,975 52,177 80,796 t03,751 87,954 45,797 35~b?.4 (5,777) 41,001 Staplse Rialto 287,390 143,730 143,660 189,493 92,726 96,767 97,897 6%004 46,893 Staples LaMIrada 236,000 12%822 113,178 220,699 112,521 108,176 14,301 9,301 5.000 Staples Lawrence 78,200 36,449 42.751 6,967 3,349 3,338 71,513 32,100 39,413 Staples DCs 419,986 186,159 233,807 419,966 186,159 233,807 Othera 2,980,380 2,142,124 806,238 2,980,360 2,142,124 608,238 Total S 8,785,975 $ 5~24,?'74 $3,261,101 S 3.182.152 $ 2,105.848 $1,076.504 $ 5.603,723 $ 3.419,126 $ 2.184.597 Page 9 ~'ee~Tec~ Energy 8ewJ~o. Inc. Decom~e~ 3t, 20~n TO;a; $ 4.835t222 S 2,027~4 $ 3:16%760 S ~.7~.894 S "t~3O0.f~ $ $.37'1,745 $ %,~,3,~ S - S 2%0,976 GreenTech Energy Services Inc. and Subsidiary Con$olidati~ Balance Sheet As of December 31, 2010 Totals ASSETS Ir~,er~omFany Receiva b~e tr~'en{m~, et Iowe~ o1' FIFO cost m marke~ Tolal Curre~ A~ls Adv~nc~ to Rcllated Pe riles tnve~m~t in 8ubsktiary Oth~ Assets Total Assels 1,043,166 2,548,26g 10,000 7,0t3 347,815 77.564 $ 9,5~2 215,482 $ (347,815) $ 1,052.,688 2,7630751 lO,gOO 7,013 4.03~.827 224,~4. {347.81 1 g5,26t 3r910,9~6 181,g61 t35,77'0 71.96~ (71,960) 181,g61 135.T,'0 $ 420,295 $ (4~g,T/'5), $4,430~ge3 I. JABI[mE~ & SHAREHOI-[}ERS' EQUITY Long Term UelflatJes Loan~ Payat~ - Long Tram Podm Total ~' Equity To~l Lia~'ll~es end ~ ~'toidms' 472.2O6 $ ~ $ 219,9"f6 347,815 (347,815) 1.000.000 31~109 lr723~29~ 348~335 (347,8t5) 27,619 2.61~..553 71,960 2~679,553 71,960 $4.4.~ $ 4~.=.~5 s (4.m.77~, , ) $ 472.726 219.976 1.000,000 31.109 1,723,8! 1 27,610 1.75t~430. 200 9,8~ 2.679.553 $ 4,430.983 Pag~ 11 GreenTech Ene~ly Services Inc. am] Subsldlanj Consolidating Stetement of Income For the Year Ended December 31, 2010 GreenTech Em~gy Technology Consolidating Cons~lda[ed Ser4ces Itlc, F~nance, I~c. Er~tes .... Totals 7,450,429 $ $ $ 7,450,429 4,277,981 4,277.961 Gross Profit 3,!72~48 3.17'2.448 Sell~ng. General and Admi~;..G.e Payma and BeheSts Payr~ Taxes Automo~le & Truck Expense Travel and Enterba/nmen{ De--on & Anlort~atlon Rent Professlo~al Fees T~ Offi~ Su~es Other Ta~es Prlr~ng & Ref~oduct~ Sma, T~ols Tolal ,~111~ Ge~er~ and Adm~ Bq~emm Operating I~lt~ (~ ~,,,) b~oltle be~xe Income Taxes and Equity in Eam~ls ~ Subsidiary Imm ~ Ne~ Income t .573,735 289,882 144jI80 101.655 92,501 88,114 75,207 55,641 40,183 29At 1 21.491 14.83~ 14,502 12,723 7,474 5,605 3,430 '1,924 75 1 ,b73,735 289,882 144,180 101,6~5 92.501 88,114 75,207 55,64-1 45.859 40,183 33,049 29,911 2 t ,491 14,867 14~502 t 2.723 7.474 5,605 1,924 520,624 (109) ¢5.~a) 515,101 39,560 512,246 39,04O ~9,040 (~.040) 520,515 See Ac~. ,~ing N~tes and Accou~t's Re~r~ P~ge 12 GreenTech Energy Services Inc. and Subsidiary Consolidating Statement of Changes In Shareholders' Equity For the Year Ended December 31. 2010 BALANCE. December $1.200~ BALANCE. December $~[ E~e~'gy Technology Services Inc. Finance. inc. $ 200 .$ $ 200 $ $ 9,8O0 Consolidating Con$olidaled Entries Totals $ $ 200 S 200 Captlal In Excess of Par BALANCE. December 31. 2009 BALANCE. December 31. 2010 $ $ 0,800 , $ ....... - $ Retained Earnings BALANCE. Decomber 31. 2009 Net Income Shamholde~ Distributions BALANCE. December 35. 2010 2.411.375 $ 32.920 (32.920) $ 2.411.375 551.286 39.040 (39.040) 551.286 (293.108) (293.108) 2,669.553 __~ 71,96~ $ (71,960) $ 2,689.553 SaeAcc~mpanytng Notee and A~ccu.le~a Repert Page 13 GreenTech Energy 5ewlces In¢, and Subsidiary Consoiidattn~ Statement of Cash Flows For the Year Ended December 31, 2010 I::N~e~e (Inm'e~e) In OU~ Recel~bles GraenTeoh Enmgy Ted~notogy C~nsolldalbg Conaolklaied Se~loes Inc. Fm~ In~ Entdea Totals $ 551,2B6 $ 39,040 $ (39,040) $ 561~88 ~501 92.501 ¢30.040) 30,04O 191,923 (3G~1,547) (207.624) 19,2~6 (16,52~) 73~ (381.06~) 381,066 (312~48} (312r44§} (52.."20} (52,920) (55,142) (55,142) (39¢,~2) (394.772) 1($2,g55 13g 163.094 $ 1,0~t.01~3 ,,,~ 2.170 $ .. ~ SUPPLEMENTAL INFORMATION; Irl~en~d Paid T~ces Paid $ 3,130 S _6~20~ $ $ 3,650 See Accompanying Notes and Account;mfs ~ Page 14 GREENTECH ENERGY SER¥1CT~S, INC. AND SUBSIDIARY CONSOLIDATED FINANCIAL STATEMENTS 2011 AND 2010 GEPHART NEPal & MAHER LLC To the Shareholders of GrcenTe~h Energy Services, Inc. We have reviewed the accompanying financial statements of GreenTech Energy Services, Inc. as of December 31, 2011 and 2010 and for the years then ended. A review includes primarily applying analytical procedures to management's financial data and making inquiries of Company management. A review is substantially less in scope than an audit, the objective of which is the expression of an opinion regarding the financial statements as a whole. Accordingly, we do not express such an opinion. Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States and for designing, implementing and malntaininE internal control relevant to the preparation and fair presentation of the financial statements. Our responsibility is to conduct the reviews in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants, Those standards require us to perform procedures to obtain limited assurance that there are no mmerial modifications that should be made to the tinancial statements. We believe that the results of our procedures provide a reasonable basis for our report. Based on our reviews we are not aware of any material modifications that should be made to thc accompanying consolidated financial statements in order for them to be in conformity with accounting principles generally accq~ted in the United States. Our reviews were made for the purpose of expressing limited assurance that there are no material modifications that should be made to the financial statements in order for them to be in conformity with generally accepted accounting principles. The accompanying supplemental information is presented only for supplementary analysis purposes. S. uch information ha~ be~n subjected to the inquiry and analytical procedures apphed in the review of the basic financial statements, and we are not aware of any material modifieayorm that should be made thereto. GEPHART NERI & MAHER LLC Voorhces, NJ May 29, 2012 "l ZO0 '~'oo~ii{'~:~. NE'C<' J{.l~::~ 0~;]43 GreenTech Energy Services In~ and Subsidiary CoflsolIclieed I~alance Sheets As of December 31.2011 and 2010 co~ts encl Es~matml Earnings In F. xeess of Billings on ~ Co~ma~ 2011 ,2010 4,612,883 2,763,76t 4~0.000 10,000 7.124 ?.013 5,526173~ 3.010.986 174,190 195,261 24,996 6~9~6 $ 6~039.011 , S 4.430.983 Bank Dei,med Rev~ TO~SJ Cufm~l~ ~ Long Term Uddl#le~ L~mr~ ~ - La.g Term Podlo~ Tola~ i ~ par value $1 per slime; 200 a~ imsued Total Slmml,~qdem' Equ#y Total/k~-al#jes ar, d Shamha~s' Equ~ $ 1,074,216 $ 472,726 148,887 219.976 1,575,000 1,000,OOO ~18,081 !,8,17o 31.1o9 3~)34~64 lr725,011 3,064,224 1~7~1,~30 200 20O 9,8~ g,8~0 2tg(~lf787 2,66§1553 2.~74,787 ~9.~ Page2 '0 GmenTech Enorgy Services Inc. and Subsidiary Consolidated Statements of Income and Retained Earnings For the Years Ended December 31,201t and 2010 20t'1 20'10 Page3 GreenTech Ener~ 8en, lce~ Inc. end Subsidiary Consolidated Statements of Cash Flow~ For the Years Ended Decen"~ 31,2011 ;nd 2010 2o~o I~ Income $ 601,834 $ 651,2~6 Ad]usm lo ~fldle t~ r~ ca~ ~ end Amo~zaUon 82,495 92,501 I.~ on A~n~e$ Io ~ ~ 43,309 Deetmam In Olh~ lae~avM31~ - 738 lr...~aa~e I~ Prepaid Experema (1~'1) 17.01~) inorea~ in ~,ventmy (10~,476) and I~lUmated Eaminga on Unoomploled Oontnlo~ (310,240) 217,74~ Increase (~) In Accounts Pay~ and Accmm:l Expe,~tsas magi) (312/148) Net C~ (Uaed in) Provided by ~ Ac~dtles <§S?~§78/ 332,0t8 Cas~ Fk3ws f~rn invesfln= AcC]viBes Advance~ to Pa;ated Pm~es (638,439) Purchases of Fixed A_,~=,,~_ (83.613) (55,'142) O~ar Loarm (2.000) (7.000) C~sh Rows frm'~ Financbm Ac~ ! mm Prm~ed~ 2..Tr5,629 1.35o.ooo Lmm Repayn,~,~, (1.8tl,327) (3~4.7'/2) S~.~L,u;der Distfnutlons (~]6.600) (293,108) Ne~ Cash Prov'~led by Fl~ng .,~e~ 2§Z~702 662,120 Ne~ ~) Incrmme In C~ and Cash Equlva.~enls (1,019.12~) 889.574 SUPPLEMENTAL INFORMATION: Intamat Paid $ 23,~37 $ 5.~5~ h'loome Ta~e~ Paid $ 4~4~,0 See ~e~co,,q..,~ilg Notes an~ A~comtant's ~ Page 4 IO G~.~cN'i'ECH ENERGY .~'RVlCES INC. stol SUBSIDIARY Notes to Co~olidated Fi~sndal S~atemeuts Dt~mber 31, 2011 and 2010 NOTB 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICn~ Gr~nTech Energy Servi~ Inc., ~ refuted to ~ "the ~', w~ /ncoipora~,d in th~ sU~ of Now ~'er~,7 on Fdm~,y 10, 1994. Tho C,~"m~ y is m elec~ical 1997, tho Comply formed a wholly-owned subddis~, T~hn~logy Fh~e~, Inc., to affect tim report! mnoun~ of asse~ ~ ~ the disclosure of co~ingmt Page 6 ~wle~ The Company oonsidem highly liquid inves~eata wi~ a mat~iW of Oaree mop,ha or le~s wfiUen off directly to bad debt expm~ Page 7 mlai~d di~lo~res. Si~ tax matters ~re subject to some degree of uncc~Ainty, (hero can be no assurance that the Compmmy'8 tax reium~ will not b~ c'h~11cx~E:xi by th~ talinE s,,~'ities end that tho CJ-,,,~,~ny or il~ aline, holders will not b~ subject to addition~ rex, p~l~m, and intere~ as a result of such challenb,~ Generally, Ibc Company's tax returns ~,~,ain opm for three years for ~ income tax examination and four yea~ for Now Sersoy and other ~' (whv~ tax mum~ have beea filed) income tax ex,,mi,~tions. Cer'c~n r~Bt~i~calio~ havo be~t I to tho prior year's fh~cial ~emsuis in order to can~ to thc cun'e~ yoar's pn~cnteti~x~ 8umm,~es of the shareholdem, and beam ~ at 3.5% over the British Bsulc~s principal of which was $48,030 and $58,728 at December 31, 2011 end 2010, rm~ctivcly. The maturitim of throe loans are es f0Uows: 2012 $18,170 2013 $16,603 2014 $13,.Z57 2012 $'70,690 2013 $64,697 2014 $66,176 Tho Company is co~i~cntly liable to its sm~'ty under a ~ne~al indonnlty ~emmt. Under this agr~mo~ tho Comply agre~ to imt~mify fl~o ~ for my payments by ils performance on the specific coniracis covcrcd by the al~eemc~ Th~ owners of the Company have exccui~d personal ~uarantecs in connection wiih this a~r~ment. Page 8 NOT~ 4 - CQNTRACTS RECEIVABLE 2011 2010 Billod Oomple~i c~nlra~ $2,525,063 $1.989,387 Con~ in progrum 2.087,820 774,364 To~l ~d2~ $2,~.~.5 ! $168.362 $~30.141 Of th~ total contract ruc~ivabl~ at I~x:ember 31, 2011, tl~ ~ollowing mc~ fan 5% offl~ amom~ $371,000 $321,000 $361,000 $594,000 S662,000 $824,000 2011 2010 $1,681,-387 $1,751,894 873,993 1,399,875 2,555,380 3,151,769 2,465,116 3,371,745 $239,151 $ -0- (]48.8871 (219,976) Page 9 NOTE 6- ADVAHCE~ TO RRt.&Tt~D PARTES The ~m~s ~ ~e h~l~ h a ~ ~ ~ ~ve ~ ~t~. ~ ~on ~ ~ v~ ~ C~y ~ ~ $135,~0 ~ of~ 31, 2011 ~ ~ v~ ~ o~ o~ ~ ~ ~ on a ~-~ b~ ~ ~ ~ ~ of~L ~ll, ~c ~ ~ ~o~ $188,439 ~d ~ ~ of $1~,9~, ~lfi~ ~ a ~ d~ ~o C~y of $173,3~. ~ ~ ~ ~v.~dy $130,~ ~H be ~d ~ ~e ~y. ~ a ~ ~t ~ ~ off $43,3~ of ~ ~s ~ of D~b~ 31, 2011. The Company also advm]ced $4.50,000 related to two solar e~rgy projects on De~ember 28, 2011. These amotmt~ w=c rc~d on January 4, 2012. ~OTE 7 - BACKLOG As of December 31, ~011, approxim~.~y $1,~49,00~ of work ~ on ~m~mpl~ted ~.,.~,~. S~ce ~, n~w con~ ~otaling $4.~3.000 have b~n Sd~lub of CavE. ed C.~rac~s F~' ~o Year Er~od Dom~ber 31. 2011 Be~8 Jsnu~ 1.201t $ $ $ 4~.848 257,574 151,274 35.381 20~21 14,880 209.t04 2't6.373 92,731 ~J' the Yea- B'tMd De~eme~ 31.2CJl 1 19,053 11,961 7,002 M,~O9 28,2s3 28.240 97,396 32240 36.t47 138,102 148,661 56,~0 34,117 24,863 ~0,000 61,62~ 8.380 7'2,780 41..,~ 31.466 f~,961 :M..~3 19,028 49,285 tt0,103 64,785 25,306 14D.514 M.2~4 61'.21'r 4o,o52 IT, leO a~.3~2 61 ~ 3'r,756 146,00~ 78,203 33,425 66,5~ (33,141) 51,~2~ 30,022 21,503 2,t16,232 1,120,780 006,443 ~ t0~1tSl600 ~ 6fo38,(T/'e ~4~0~,~14 F 3r161~789 S 1,751.894 $1~309,.8;77 s 6,983,810 $ 412,Mr182 S 2.677.637 Paoe to ~-~n'rech ~ ~ Inc, ~ul~ ~' Contm=~ I~ Pmgm~ Dec=ember 31. 201 t Tc~l C~n{mct Fn~l ktoeptt~ to D~I~X~ 31,20tt At Decefllber 3112011 Tod $ 3.836.108 $ 1,278,48t ~ 2~555T~(~ S t.881.387 $ 87~,993 $ Z48~T118 $ 878,320 S 230.t81 S 148.887 PagB 11 Gl'eenTech Energy Services Inc. and Subsidiary Consolidaling Balance Sheet As of De~ember 3t, 2011 Oo~b al~ F=~t~lated ~ In Excess of To~al CU~mlt Aaaets $ 24.018 7,124 235og28 t84o040 9,522 $ (23.%026) t~.275. __ (235,926) (94,598) 5O Tolals $ 33,540 4.612,883 450,~00 7,124 239(151 . 5r526;738 LM~BIBTIE~ & 81.1ARJ~HOi. DF-R~ r=QUITY Bafdc Loan Long Term ~ Toed C~nmon Stock Capl~ in Ev'/e~ (ff Par Re~ned Darnings To'mi Shareholders* Equity $1.292A0'/ $ $ $1.292,307 148,887 148,887 1,575,000 1,575000 18 170 t 8~170 3.o~4.3e4 2~2e C',35,926) 3,m4~4 3,064.Z24 2357926,,, ~5.o26) S,O~.r ~2~ 200 200 9.aoo 9,8o0 2.~4.~7' ;4.5;8 194,,~S) 2~964,767 ?..974.78T 94,599 {04~) 2.974,787 $ 6,o39~Oll S 33o.524, ~ S 6.o3o,Olt Page 12 GraenTech EnMTly Sewteea lac. and Subsidiary Consoidaf~g Statement of Inm~me For the Year Ended December 31, 2011 ~Roveeue Emlmd $ 9.510,201 Ooet M I~Jvenlw ~amed 5~96T.5(10 $ $ e.519.2~1 M~14~ (%1:30) 150 ~3,138 22.638 121,3~4 04,t56 82,406 62224 4t,003 28832 19,061 6,O6O 1,966 21g00,8~ 22,156 (23,a4~ 446O Page 13 GmenTer, h E~a~y $~tc~s IIt~ and ,~bskliary Consolidating Statement of Changes in Shareholders' Equity For the Year Ended December 31,2011 Capital in E:£-_--;~ of Par BALANCE, Deoember $t, 2010 I~N-NqCE. ~ 31,20'I t GreenTech Energy Technology Consolidating Services Inc. Finance. Inc. Erfffies $ 200 $ $ Consolidated Totals $ 200 $ 200 9.8o0 $ 2,669.553 $ 71,960 $ (7'I.g60) $ 2,669,553 601.834 22,638 (22,638) E01.834 (30S.~00) $ 2,964,787 $ g4,~ $ (~4,598~) $ 2.964.787 P~el4 GreenTech Energ~ S,m'vlces lat.. and Sab~ldlary Cons~datlng Stagnant of Cash Flows For Ihe Year Ended December 31.20tl F..,.~r,d Ted. xdee~ C~-,~G~.a $ 60%834 $ 22,638 $ (22.,638) $ 601,834 (111) (111) (106,4'/6) 2~8.0~1 218,091 (838,430) (5'/9~162) 2.3'~.~ 2,3?5.629 (1,811,,327) (1,811,327) 25~'/~2 257~?02 (I,0t9,660) 540 (1.01g, I'~8) 1,043,t~e 9.502 1,052~668 23,337 Page 15 Liberty Mutual Und~ ~t 3 V~ ~u~ Blue ~ PA 1~2 ~ 4, ~2 , To ~m it my We have ~ ~ ~W n~ of jobs ~ m a $6,~,~ M~ ~mt and $15,~,~ a~ p~. We wo~ ~d~ jobs and an ~e ~ ~h~ P~e ~ve ~ a c~ ~ hag ~ Je~her~ ~ ~ 21~2a~6463. M,m~r of ~ Mutual State Of New Jersey New Jersey Office of the Attorney General Division of Consumer Affairs THIS IS TO CERTIFY THAT THE Board of Exam. of Electrical Contractors HA8 LICENIBED Robert P. Hortka $25 Fifth Avenue Bellmawr NJ 08051 FOR PRACTICE IN NEW JERgEY AG A(N): Ebotrkml Cofltriiolor 01t23/2012 TO 03/'31/2015 VALID 34E1016424D0_ .~ ~.i~'N S~/RE GIS TP, ATIO N/C E Rll FICA TI0 N ~ , I r~- PLEASE DETACH HERE · YOUR LICE~G~A~ ~E~E ~: r v PLEASE DETACH HERE Re/Deft P,~ka EXPIRATION DATE 2018 YOUR LiCENSE/REGISTRATION/CERTIFICATE NUMBER IS ~41=1 011~ . PLEASE USE IT iN ALL CORRESPONDENCE TO THE DIVISION OF CONSUMER AFFAIRS USE THIS SECTION TO REPORT ADDRESS CHANGES yOU ARE REQUIRED TO REPORT ANY ADDRESS CHANGES IMMEDIATELY TO THE ADDRESS NOTED BELOW Boe~l of E;mm. d Ebetrleal Oontmotore P.O. Box 4EO0~ New, d;, NJ 0'/101 PRINT YOUR NEW ADDREU OF RECORD EELOW YOUR ADDRESS OF RECORD IS THE ADDRESS THAT WILL PRINT ON YOUR LICENSE/REGISTRATION/CERTIFICATE AND iT MAY BE MADE AVAILABLE TO THE PUB LIC. HOME Lq HOM~ BUSINESS [] BUSINESS [ PRINT YOUR NEW MAIUI~ ADDRED~ BELOW YOUR MAILING ADDRESS I$ THE ADDRESS THAT WILL BE USED BY TH! DIVISfON OF CONSUMER AFFAIRS TO SEND YOU ALL CORRESPONDENCE eeeee eeeeeeeeeeli ll be eeeeeeeeee re eeeeeeeee Superior illumination:' 8/14/2012 CEIV£D Southold Town Clerk Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, blew York 11971 AUG 2 0 2012 Re: RFP for the Guaranteed Energy Savings Streetlight Retrofit Dear Elizabeth, It has just come to my attention that your town is in process of gathering proposals per your August 6th letter by order of the Southold Town Board. Tanko Lighting is a company that specializes in street light replacement and/or retrofit projects, and our Induction Cobra Head Street Light Fixture is common on the West coast. We are interested in finding out more about this opportunity, and would like to receive all available details pertaining to this RFP such as how many street light fixtures and what type of fixtures are currently installed. We are one of the top street light manufacturing companies in the country and would love to have the opportunity to work with your town toward the goal of energy savings and improved quality of light. If you have any questions, or need more information, please let me know. Sincerely, Hugh S. Carroll Inside Sales and Customer Service hugh@tankolighting.com 415-939-2450 Tanko Lighting 903 Palou Avenue, San Francisco, CA 94124 Phone 415-939-2450 Fax 415-822-3626 hugh(~, ankol qh nq corn #10813 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successfully commencing on the 9t._~h Principal Clerk Sworn to before me this NOTIC~ IS ~BY G~, ~e ~ ~ ~ b ~g ~uest for ~ ~) f~ ~c ~ant~ Ener~ ~e ~ ~ m~t ~ r~iv~ ~ ~ ~, ~d su~tt~ to ~ ~w~y~~ ~RI~TINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01VO6105050 Qualified in Suffolk County My Comrnlss~on Expires February 28, 2016 08/08 '12 WED 09:34 FAX 631 765 6145 SOUTHOLD TOWN CLERK ~001 TX/RX NO INCOMPLETE TX/RX TRANSACTION OK ERROR *** MULTI TX/RX REPORT *** 2258 [* 50] [* 51118005243329 [* 52]18882329941 [* 53]18002582984 [* 54]18009620544 Burrelle's Info Data Construct Dodge Reports Construct Info LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, the Town of Southold is seeking Request for Proposals (RFP) Ibr the Guaranteed Energy Savings Slxeetligbt Retrofit, Specifications for such RFP may be obtained at the Office of the Southold Town Clerk, Town Hall, 53095 Main Road, P O Box 1179, Southold, New York 11971. The sealed proposals must be received by the Somhold Town Clerk by 10:00 A.M. on Thursday~ September 6~ 2017, 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. The Town Board of the Town of Southold reserves the fight to reject any and all proposals and waive any and all informalities in any proposals should be it be deemed in the best interest of the Town of Southold to do so. Dated: August 6, 2012 BY ORDER OF TIlE SOUTHOLD TOWN BOARD By: Elizabeth A. Neville Southold Town Clerk PLEASE PUBLISIt 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 LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, the Town of Southold 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 Hall, 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, September 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. The Town Board of the Town of Southold reserves the right to reject any and all proposals and waive any and all informalities in any proposals should be it 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 STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the 7th day of August ,2012, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Bid for Streetlight RFP ~lizabeth A. ~q~ville - - Southold Town Clerk Sworn before me this __~. ~day of AugHt LYNDA M. -~NN' NOTARY PUBLIC, State of New York No. 01 BO6020932 Qualified in Suffolk County Term Expires March 8, 20 ,2012. TOWN OF SOUTHOLD REQUEST FOR PROPOSAL FOR THE TOWN OF SOUTHOLD GUARANTEED ENERGY SAVINGS STREETLIGHT RETROFIT/REPLACEMENT 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 STREETL1GHT RETROFIT/REPLACEMENT TABLE OF CONTENTS REQUEST FOR PROPOSAL FOR THE TOWN OF SOUTHOLD GUARANTEED ENERGY SAVINGS STREETLIGHT RETROFIT/REPLACEMENT Page 1 SECTION 1 -- INTRODUCTION ........................................................................................... Page 3 A, GENERAL INFORMATION ..... Page 3 B. BACKGROUND .................. Page 3 C. BIDDING SCHEDULE ..................................................................................................... Page 3 D, LENGTH OF CONTRACT _, Page 4 E, TERMS AND CONDITIONS ................................................................................... Page 4 F. MINIMUM QUALIFICATIONS .............................................................................. Page 6 SECTION I1 -- SCOPE OF WORK ........................................................................................ Page 8 A. GENERAL ...................................................................................................................... Page 8 B. COST OF WORK ................................................................................................. Page 8 SECTION 111 -- BIDDING INSTRUCTIONS ......................................................................... Page 8 SECTION IV -- PROPOSAL FORMAT INSTRUCTIONS ....................................................... Page 9 SECTION V -- SELECTION OF CONTRACTOR Page 14 A. APPROVING AUTHORITY ........................................................................................ Page 14 B. EVALUATION COMMITTEE .......................................................................................... Page 14 C. BASIS FOR AWARD/EVALUATION OF PROPOSALS ...................................................... Page 14 D. PRIME CONTRACTOR ................................................................................................... Page 16 E. CONTRACT DEVELOPMENT ......................................................................................... Page 16 F. CONTINGENCY OF THE CONTRACT AWARD ............................................................... Page 16 G. STANDARD CONTRACT FOR SERVICES ...................................................................... Page 17 FORMS A. RFP Submission Certification ......................................................................................Page 18 B. RFP Submission Form ......................................................................................... Page 19 C. Affidavit of Qualification to Bid ......................................................................................... Page 21 ATTACHMENTS A. Guaranteed Energy Savings Streetlight Retrofit/Replacement Specifications ............................. Page 23 B. Special Contract Terms and Conditions ............................................................................ Page 25 C. Standard Form Contract ....................................................................................... Page 28 D. Non-Collusive Bidding Certification ......................................................................... Page36 E. Streetlight Profiles .............................................................................................. Page 38 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 Southoid, hereinafter referred 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 described services. A. PROPOSALS The Town of Southold is soliciting proposals for Guaranteed Energy Savings Streetlight 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 email 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 "STREETLIGHT 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 received by the Town Clerk prior to the hour and date stated in these specifications. AWARD OF CONTRACT Award of contract will be 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 of the Town. No bid may be withdrawn after the scheduled closing time for receipt of proposals for a period of 45 days pending execution of a contract by the successful Offeror. The technical qualifications, competency, experience 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 offers. The Town will either award the contract 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 the Town Clerk and no other act shall constitute the acceptance of a 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 given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which 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 ifa 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 Contract has been awarded to him or the completion of the energy audit. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance 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. SECTION I -INTRODUCTION A. GENERAL INFORMATION This request solicits proposals for the Guaranteed Energy Savings Streetlight 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 contractors 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 (Town reserves the right finance the project separately). 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 improvements to reduce energy and related costs in the Town streetlighting system with the intent of having annual cost savings to fully reimburse the Town 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 Retrofit/Replacement: 1. Request tbr 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-months or one calendar year of utility bills for the streetlights will be distributed at the pre-proposal conference. 3. Offeror's 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 (1) complete proposal and all completed bid fbrms shall be 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 "Streetlight RFP". 6. Proposal evaluations will be completed approximately thirty (30) days after public opening of all proposals. This is an estimated time frame only; the Town may extend 3 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 Attachment 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. Contract 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 Guaranteed Energy Savings Streelight Retrofit/Replacement project shall occur when the contract is awarded. 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 Right to Reiect/Binding Nature of Proposal The Town reserves the right to reject any or all proposals, 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 assumes all charges, costs, claims or liability fbr the preparation 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 Offeror whose proposal, in the opinion of the Town, is in the best interests of the Town taking into consideration all aspects of the Offeror's responses, including total net 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 determined to be in the Town's best interest. The 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 Infbrmation, Accounting 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 "The 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 Offeror's accounting system conforms to generally accepted accounting principles, is sufficient to comply with the Contractor's budgetary and financial obligations, and is sufficient to produce reliable financial information. The Town may examine the Contractor*s records to determine and verily 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 after 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 ora proposal shall be taken as prima facie evidence of compliance with this paragraph. Obvious error(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 Proposals 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. 5. Additional Services 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. Questions 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.us). 7. Conflict of Interest 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 ora Commission, Board, or Corporation controlled 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, 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 possible conflict of interest as herein embodied. Offeror shall also certify, under oath that that no employee or agent of Offeror is a member or employee of any agency, commission, 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 Southold 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. Ownership 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 become the property of the Town. It is agreed that all data, 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. Dissemination of Data During the term 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 Agreement 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. 11. Awm'd Protest Any protest of an award made pursuant to this RFP shall be in writing to the Town Attorney. F. MINIMUM QUALIFICATIONS Qualified Offerors must meet the following minimum selection criteria: Ability to meet requirements. Synopsis letter (cover letter) outlining the Offeror's understanding of the project requirements, including project objectives, goals, potential limitations, and proposed approach for achievement; timeframe for completion. 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) references of similar projects to the work described herein. Preference will be given to Offerors with municipal agency website design, development and implementation references. d. Project Team Qualifications and Experience. Describe general experience of project team (including sub-consultants); demonstrate number of years and locality of practice of all members of the Project Team including sub-consultants (Team member,* cannot be substituted prior to or during the project without the express written aulhorization of the Town). e. Completeness of proposal. Ensure all forms are completed; all requested information has been provided; response is accurate and correct (no misspellings, grammatical errors, misnomers). 7 SECTION II -SCOPE OF WORK A. GENERAL Refer to "Attachments specifications. A-C" for the Town Guaranteed Energy Savings Streetlight B. COST OF WORK All submitted responses must include a cost summary which shall state a "not to exceed" price for each of the items set forth in the Construction/Implementation/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.cooper¢?)town.southold.ny.us, and marked "Proposal for the Town of Southold Guaranteed Energy Savings Streetlight Retrofit/Replacement" and received no later than I0:00 AM, September 6, 2012. Proposals received after the date and time prescribed shall not be considered as received and shall be returned unopened to the Offeror. B. Ail firms are to submit the proposal in two distinct parts as follows: Part A B Description 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 Certification which certifies the truth and correctness of the 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 its proposal will be cause for rejection of the proposal. Requires notary. 2. RFP Submission Form. Each Offeror submitting a proposal must complete and include the 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 Qualifications. Statement is to include a list of other governmental entities for which the Offeror is or has provided services equivalent to those specified 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 Act 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 firm 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 process and selection 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 the 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 Offeror'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 general approach to performance contracting: typical phases for a project and ability to support each phase (Project Development, Energy Auditing, Performance/Savings Guarantee, Financing, Construction, Commissioning, Measurement 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 Project Name City, State Total Project Value Year Completed Other Projects (optional). If desired, Offeror may list related projects deemed relevant to this work, particularly 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 expected project, technical scope of projects, geographic region. Include the following information on each project: Project identification: Name and location of project. Contact Information: Names and contact information of owner(s), representatives who can serve as references. Project Information: a. Project type 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 operational improvements related to energy and other cost savings. 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 1. Structure and evolution of Offeror. Type of business entity (corporation, partnership, 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 number of performance contracting projects completed by Offeror. Financial Qualification and Stability of the Firm 1. 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 summary of the Statements of Financial Conditions, including balance sheet, income statement and statement of cash flows, dated within the past 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 construction of this project; 100% of a performance bond for construction of this project; letter from a licensed surety as evidence of ability to bond for each of these categories. Industry Accreditations State if Offeror is accredited by industry organizations, such as the AEE CLEP "Certified Lighting Efficiency Professional" on staff.or pre-qualified for work through the 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 capability 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 measures with cash flow) b. System design engineering: mechanical, electrical, etc. c. Procurement, bidding d. Construction e. Commissioning of projects and retro-commissioning of existing buildings f. Project management 11 O g. Identification of asbestos and other hazardous 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 Contracting Technical Approach 1. State whether the performance guarantee provided is self-guaranteed or third party and the value of this approach 2. State whether insurance will be provided by Offeror or third party and the value of this approach 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. Describe in detail the methodology Offeror normally uses to compute baseline of energy use as well as 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 this is the case the Town will sign a separate 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, describe 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 technologies, 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 streetlights to be addressed. Management and staffing for the project 1. Management a. Describe Offeror's approach to managing this project. Include an organizational chart showing clear lines of communication and responsibility. Describe the transition and responsible parties from the sale to auditing phase, auditing to construction phase, construction to follow-up monitoring phase, etc. b. Describe how Offeror would work with current management and maintenance personnel to coordinate construction and avoid conflicts with the use of a particular area. c. Generally describe the types of services (both professional and construction services) offered in-house and the services offered through sub-contractors, 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 engage the Town in decision-making regarding project scope, equipment specifications, ongoing operational and maintenance strategies, etc., and how Offeror will incorporate the Town's needs. e. Describe extent of local staffing and support for the geographic region. Include basic job descriptions and capabilities 2. Personnel Information a. Identify the individual(s) who will have primary responsibility for each task and phase of the project. List the name, title, intended role and responsibilities tbr the duration of the contract, the individual's educational background, specific qualifications related to his/her role and responsibilities, past relevant experience, number of years of relevant experience, supervisory responsibilities if relevant, list of projects 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 the percent of time each individual is available to work on this project. Indicate the individual's office location. b. Describe any additional 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-Performed Work or Subcontractors a. State whether work is completed by the Contractor or by a subcontractor 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.) Describe how subcontractors are selected and Offeror's ability to competitively select subcontractors Identify subcontractors selected. Cost Proposal: Cost of each of the general scope services as described above and in Attachment A. These elements parallel the basis of the Town's proposal evaluation criteria. The Town is not responsible for failure to locate, consider, and evaluate qualification factors presented outside of this format. SECTION V SELECTION OF CONTRACTOR This Section 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 firm to the Town Board. C. BASIS FOR AWARD/EVALUATION OF PROPOSALS The award will be made to the qualified respondent whose proposal 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 interpreted solely at the discretion of Southold. Proposal should include all necessary information that is pertinent to these evaluation criteria. Additional information required by the Town for a proper assessment of proposals may be requested from the Offeror at the discretion of the Town. Qualifications and Capability (Scoring Weight: 10%) a. General Finn Information b. Experience of Firm. General experience in energy-related and performance contracting service. c. Scope of Service. Comprehensiveness of management, maintenance and ~nonitoring services offered. d. Financial Soundness. Financial soundness and stability of the Contractor. Completeness and strength financial viability) of most recent annual financial statements. 14 Experience and Expertise (Scoring Weight: 20%) a. Project History. Quality of past 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 importance. Technical Approach (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 Contracting Approach (Scoring Weight: 10%) a. Approach. Overall approach to performance contracting and needed contract adjustments. b. Other services. Full range of services 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 Specific Approach (Scoring Weight: 20%) a. Project Scope for this Project. Understanding Southold street and lighting conditions, systems and operation and maintenance projects. Responsive to strategies in adapting control strategies, equipment and maintenance practices in response to changes in utility rates, technology, and facility condition in order to enhance project performance. Comprehensiveness and clarity of technical approach to this project based on improvements likely to be included. Relevance and documented savings of past projects completed that are similar in size and scope. b. Project Management. Management approach and_ relevant 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. Construction management, scheduling, operation and maintenance approach, approach to compatibility/openness/standardization of equipment, standards of comfort and provision of insurance. Cost and Pricing (Scoring Weight: 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 project 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 based on the scope and magnitude of the project. These rates will 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 15 analysis" will be used to evaluate the markups for reasonableness. Contractor may use different customized categories or present an alternative pricing structure. c. Consider reasonableness in the example of how markups are applied. d. 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 Evaluation Committee may arrange for discussion with firms submitting proposals, if required, tbr the purpose of obtaining additional information or clarification. After review and evaluation, and 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 reimburse Offerors for the cost of proposal preparation 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 tentatively selected based on the "Evaluation Criteria," the Town reserves the right to negotiate further with the selected firm. As a result of this contract discussion and negotiation, the Town 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 pat'ties. However, the RFP and submission without more shall not be considered a contract. If a 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 appropriate recommendations 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-MAIL: FAX: The proposal as submitted includes the Town of Southold Guaranteed Energy Savings Streetlight Retrofit/Replacement RFP Submission Form with Conflict of Interest Certification, an Affidavit of Qualification to Bid and a Statement of Qualifications. I, the undersigned, hereby attest 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 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 18 Company Name: Company Federal Tax Identification Number: Contact Person Company Address RFP SUBMISSION FORM Phone: E-mail: Fax: CONFLICT OF INTEREST CERTIFICATION 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 controlled 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 terms of a 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, board or corporation of the Town of Southold or is the spouse or any other relative of any of the 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 the penalties of perjury that the contents of this affidavit are true and correct. Signature Witness 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 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 20 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 firm 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 paragraph 4 below, neither I nor the above firm, nor to the best of my knowledge, any of its officers, directors, or partners, or any of its employees directly involved in obtaining contracts with the State or an county, bi-county, or multi-county agency, 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 contract with a public body under the laws of any state or the Federal government. 4) List any conviction, plea, or admission described in paragraph 3 above, with the date, court, official, or administrative body; the individuals involved and their position with the firm; and the sentence or disposition, if any. Otherwise, state "none" as appropriate. 5) Neither I nor the above firm, nor to the best of my knowledge an officer, partner, controlling stockholder or principal of the 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 destruction of records, or receiving stolen property; (2) been convicted of a criminal violation of an antitrust statute of the State, another state or the United States; (3) been convicted of a violation of the Racketeer Influenced and Corrupt Organization Act, or the 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, firm or corporation making a bid tbr 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 affidavit are not true and correct, the Town of Southold 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. Witness Date 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 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 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 OF SOUTHOLD REQUEST FOR PROPOSAL FOR THE TOWN OF $OUTHOLD GUARANTEED ENERGY SAVINGS STREETLIGHT RETROFIT/REPLACEMENT Attachment A: Specifications Proposal Due Date: September 6, 2012, 10:00 AM Project Phases Proposal Phase · Energy Audit and Project Proposal. Contractor is responsible to perform a sufficiently detailed and comprehensive Energy Audit to prepare an EPC Proposal. Southold shall have no payment obligations in the event that no suitable measures were identified which, if implemented, will provide Southold with cash savings sufficient to fund the payments of all costs and fees associated with the EPC (also see Attachment B "Special Contract Terms and Conditions"). Contractor shall clearly identify the measures selected for the EPC and provide support for the selection in the Energy Audit report or other analysis documents. Construction/Implementation/Commissioning/Financial Plans · Energy Performance Contract. Following the final selection ora Contractor, an Energy Performance Contract will be negotiated to implement the projects (also see Attachment B "Special Contract Terms and Conditions"). Financing Agreement. If the Contractor is not financing the Energy Performance Contract directly, the Contractor shall include at least one financing bid in the proposal from a financing company in the submitted EPC proposal. Southold reserves the right to make the final selection of the financing company. · The performance contract can be amended at any time during the initial 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 streetlights. · 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. · Hazardous waste disposal or recycling. · 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 savings. · Provide for independent review of monitoring and verification (guaranteed savings pay for independent Consultant). · Monitoring and reporting of emissions reductions. 24 TOWN OF SOUTHOLD REQUEST FOR PROPOSAL FOR THE TOWN OF SOUTHOLD GUARANTEED ENERGY SAVINGS STREETLIGHT RETROFIT/REPLACEMENT Attachment B: Special Contract Terms & Conditions Proposal Due Date: September 6, 2012, 10:00 AM Payment for Audit Contractor 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 Insufficient 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 and fees associated with the Energy Performance Contract, including all m monthly payments to finance the measures, (2) any annual fees for monitoring, verification and maintenance incurred by the Contractor or an independent consultant. Should the Contractor determine at any time during the Audit that savings cannot be attained to meet these terms; 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. Savings 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: Prqjected Guaranteed Achieved Yearl Year2 Year3 Year4 Year5 KWH KW demand Other (specify) Contract · The contract term is up to 15 Years provided the cost-weighted average lifetime of the equipment exceeds the contract term, however, the Contract may propose a lesser term. The ASHRAE Book of Standards will be used in determining the cost-weighted average useful life of the 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 that excess savings in other years and interim savings during the construction period will not be allocated to meet shortfalls in any year. Annual payments include debt service, Contractor fees, 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 contract; however, the guarantee shall be made available as a continued option for each subsequent year of the contract term 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 construction 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 Annual 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 be applied to the project. · Annual Appropriations. Annual payment is subject to annual appropriations. 26 The final EPC Contract shall contain the lbllowing 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 any 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 Escalation Rates. Where the annual lease-purchase 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 Southotd. · 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 manufacturer, unless pre-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 Verification (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 and verification specialist to provide an independent review of the Contractor's monitoring and verification plans and reporting. 27 TOWN OF SOUTHOLD REQUEST FOR PROPOSAL FOR THE TOWN OF SOUTHOLD GUARANTEED ENERGY SAVINGS STREETLIGHT RETROFIT/REPLACEMENT 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 offices at 53095 Main Road, Southold, New York, and (the "Contractor"), with an address of ; WITNESSETH, that the Town and the Contractor, for the consideration hereinafter 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 to the satisfaction of the Town, the Contractor shall file with the Town Comptroller an itemized voucher and the Town will pay the Contractor $ ARTICLE4. CONTRACTOR'SINSURANCE The Contractor shall not commence work under this Contract until it has obtained all insurance 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 life of this Contract such general liability, property damage, and commercial auto liability insurance as shall protect it from claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under this Contract. The amounts of such insurance shall be as follows: General liability insurance in an amount not less than $1,000,000 for injuries, including 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 occurrences. Commercial auto liability insurance in an amount not less than $500,000 for damage on account of all 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. (c) Any accident shall be reported to the office of the Town Clerk as soon as possible and not later than twenty-four (24) hours t¥om 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 the completion 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 the Town as a dual obligee. In the event the Contractor fails to perform its obligations under this Agreement, the Town may terminate 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 experienced in and competent to perform the type of work or to furnish mechanical maintenance dredging to be furnished by it; and (b) That it is familiar with all federal, state, municipal and department laws, ordinances and regulations which may in any way affect the work or those employed therein. ARTICLE 7. PERMITS AND REGULATIONS 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 work or terminate the Contract iff (a) The Contractor is adjudged bankrupt or makes an assignment for the benefit of creditors; (b) A receiver or liquidator is appointed for the Contractor or for any of its property and is not dismissed within 20 days after such appointment or the proceedings in connection therewith are not stayed on appeal within the said 20 days; or 30 (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 of a substantial violation of any provision of this Contract; (g) The Town's execution and participation in this contract is found to be in violation of an existing collective bargaining agreement. (h) In any event, the Town, without prejudice to any other rights 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 meruit. ARTICLE 9. DAMAGES It is hereby mutually covenanted and agreed that the relation of the Contractor to the work to be pertbrmed by it under this Contract shall be that of an independent contractor. As an independent contractor, it will be responsible for all damage, loss or injury to persons or property that may arise in or be incurred 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. The 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 I0. INDEMNITY AND SAVE HARMLESS AGREEMENT The Contractor agrees to indemnify and save the Town, its officers, agents and employees harmless from any liability imposed upon the Town, its officers, agents and/or employees arising from the negligence, active or passive, of the Contractor and fi'om and against any damages, 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 the 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, title or interest in this Agreement, or its power to execute this Agreement, to any other person 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 inserted herein. If any such provision is not inserted, through mistake or otherwise, then upon the application of either party, this Contract shall be physically amended forthwith to make such insertion. In particular, the Contractor 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. (h) (c) (d) (e) Affirmative action as required by the Labor Law. Prevention of dust hazard required by Labor Law section 222-a. Preference in employment of persons required by Labor Law section 222. 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 section 220(3) of the Labor Law, hereby agree that there shall be paid each employee engaged in work under this Contract not less than the 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. (b) 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 Contractor shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements, as specified in the Contract, 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 of the 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 the 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, then 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 hereafter, 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 of the 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 Southotd Town Clerk PO Box 1179 Southold, NY 11971 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 waiver shall include the same. ARTICLE 18. MODIFICATION This Agreement constitutes the complete understanding of the parties. No modification 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 be attested to by Elizabeth A. Neville, Town Clerk, and the Contractor has caused its corporate seal to be affixed hereto and these presents to be signed by its President, the day and year first above 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 Instrument 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 me personally came and appeared Elizabeth A. Neville, Clerk of the Town of Southold, who, being by me duly sworn, deposes and says: that she is the Clerk of the Town; that 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 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 35 TOWN OF SOUTHOLD REQUEST FOR PROPOSAL FOR THE TOWN OF SOUTHOLD GUARANTEED ENERGY SAVINGS STREETLIGHT RETROFIT/REPLACEMENT Attachment D: Non-Collusive Bidding Certification Proposal Due Date: September 6, 2012, 10:00 AM STATEMENT OF NON-COLLUSION (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 department, 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 certification. 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) (2) (3) 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. 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. 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 behalfi That attached 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-d) 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 amended & effective on September 1, 1965. Signature 37 TOWN OF SOUTHOLD REQUEST FOR PROPOSAL FOR THE TOWN OF SOUTHOLD GUARANTEED ENERGY SAVINGS STREETLIGHT RETROFIT/R EPLACEMENT 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 Lamp #of Rates Annual Pole Rated Last Type Type Lamps Watts hrs number lumens change date 38 Page 1 of 1 Rudder, Lynda From: Candice Schott [cschott@timesreview.com] Sent: Monday, August 06, 2012 12:13 PM To: Rudder, Lynda Subject: RE: RFP Streetlight.doc Hi Lynda, I have received the notice and we are good to go for the 9th. Thanks and have a great day! Candice From: Rudder, Lynda [mailto:lynda.rudder@town.southold.ny.us] Sent: rVlonday, August 06, 2012 10:53 AM To-' Standish, .]eft; Tim Abrams; alkrupskitown@yahoo.com; Andaloro, .]ennifer; Berliner, Sandra; Cushman, .]ohn; Doherty, .Jill; Finnegan, Martin; Krauza, Lynne; Candice Schott; Ipevans@fishersisland.net; Neville, Elizabeth; Reisenberg, Lloyd; Russell, Scott; Talbot, Christopher; Tomaszewski, Flichelle; William Ruland Subject: RFP StreeUight.doc Please publish in the Suffolk Times and to the Town website, thanks. 8/6/2012