State of New Hampshire

CHARLES ARLINGHAUS DEPARTMENT OF

COMMISSIONER ADMINISTRATIVE SERVICES

25 CAPITOL STREET

KAREN RANTAMAKI

DIRECTOR

PLANT AND PROPERTY

CONCORD, NH 03301

NON-DISCLOSURE AGREEMENT

FOR CONFIDENTIAL INFORMATION

RFP 484-26 Performance Contract for Energy Performance Contracting Services

In performing its review pursuant to RFP 484-26 Performance Contract ten (10) state-owned correctional facilities, _______________________________, may gain access to private and confidential information, including but not limited to: building specifications, mechanical, structural, electrical and site building plans, heating, ventilating and cooling system operational descriptions and office layouts. _______________________________, agrees to maintain the confidentiality of and to protect from unauthorized use, disclosure, publication, and reproduction, all private and confidential information that becomes available to ________________________________________, in connection with its performance review of these documents as part of RFP 484-26 regardless of its form. All right, title and interest in and to the private and confidential Information shall remain with the State.

__________________________________, shall immediately notify the State if any request, subpoena or other legal process is served upon ______________________________________________, regarding any private or confidential information, including but not limited to the examples provide above, and ______________________________________, shall cooperate with the State in any effort to contest the subpoena or legal process. In the event of any unauthorized use or disclosure of the State's information, _______________________________, shall immediately notify the State, and the State may pursue any remedy at law and in equity, including, but not limited to, injunctive relief.

By signing this agreement on this date, I agree to comply the terms of this Non Disclosure Agreement and the following:

1. I understand that I may be granted access private and confidential information.

2. I agree to maintain the confidentiality of this information and not discuss any of it any person who has not signed an identical non-disclosure agreement with the State for RFP 484-26 Performance Contract for ten (10) state-owned correctional facilities.

3. I understand that, if I disclose any confidential information in violation of this agreement, I may be subject to criminal prosecution and/or civil action by any employee or other party affected by the disclosure.

Signed: _______________________________ Dated: ________________________, 2026.

Name: _______________________________

Address: ______________________________

STATE OF NEW HAMPSHIRE

DEPARTMENT OF CORRECTIONS

Attachment 8

PPD 379.00

File: Operations Page 1 of 1 Rev 1/2023

ACKNOWLEDGEMENT OF PRISON RAPE ELIMINATION ACT EDUCATION /

INFORMATION PURSUANT TO PPD 379.00 and 28 CFR 115.32 FOR LEVEL III

CONTRACTORS & NH STATE EMPLOYEES1

The Prison Rape Elimination Act (PREA) is a federally mandated initiative to prisons, jails, and those who supervise offenders in the community to establish a zero - tolerance policy against sexual assault on residents within those systems. PREA incidents involve the following conduct:

• Resident-on-resident sexual assault, sexual harassment, or abusive sexual contact; and,

• Staff sexual abuse, sexual harassment

PREA aims to curb prison rape through a “zero tolerance” policy, as well as through research and information gathering. The New Hampshire Department of Corrections (NHDOC) has zero tolerance relating to the sexual assault/rape of residents and recognizes residents who are sexually abused or sexually harassed as crime victims. Due to this recognition and adherence to the federal Prison Rape

Elimination Act (PREA) of 2003, the NH Department of Corrections extends the “zero tolerance” policy to the following:

• Contractor/subcontractor sexual abuse, sexual harassment, and/or assault of a resident

• Other State agency employee sexual abuse, sexual harassment, and/or assault of a resident

As a contractor and/or subcontractor of the NHDOC, or the employee of another agency of the State of

New Hampshire, I acknowledge that I have been provided information on the Prison Rape Elimination Act

(PREA),and have been informed that as a contractor and/or subcontractor of the NHDOC, or the employee of another agency of the State of New Hampshire, sexual conduct between myself and a resident is prohibited. Sexual harassment or sexual misconduct involving a resident may also be a violation of RSAs

632-A:2, 632-A:3 and 632-A:4, Chapter 632-A: Sexual Assault and Related Offenses, and result in criminal prosecution.

As contractor and/or subcontractor of the NHDOC, or another agency of the State of New Hampshire, I understand that I shall inform all employees of the contractor and/or subcontractor, or employees of another state agency, to adhere to all policies relating to: PREA, RSAs 632-A:2, 632-A:3 and 632-A:4, and the departmental policies including NHDOC PPD 379, NHDOC Administrative Rules, Conduct and

Confidentiality information regarding my conduct, reporting of incidents and treatment of those under supervision of the NH Department of Corrections (Ref. RSA Chapter 632-A, NHDOC PPD 379 and

Administrative Rules, Rules of Conduct for persons Providing Contract Services, Confidentiality of

Information Agreement).

Name:______________________________ Date:_______________________________________

Signature:___________________________ Company/Organization:_________________________

1 All Departments Other than NH Department of Corrections employees

It is unlawful to make any alterations to the text of this document.

A signature on this document signifies that no alterations have been made to the original text or format.

New Hampshire Department of Corrections

Rules for Conduct for Persons Providing Contracted Services

1. Engaging in any of the following activities with residents or persons under departmental control is strictly prohibited:

a. Any contact, including correspondence, other than relating to the performance of the services for which you have been contracted.

b. Giving or selling of anything.

c. Accepting or buying anything.

2. Any person providing contracted services who is found to be under the influence of intoxicants or drugs will be removed from facility grounds and barred from future entry onto Department of

Corrections’ property.

3. Possession of any item considered to be contraband as defined in the New Hampshire Code of

Administrative Rules, Part Cor 306 is a violation of the rules and laws of the State of New

Hampshire and may result in legal action under RSA 622:24 or other statutes.

4. In the event of any emergency situation, i.e., fire, resident disturbance, etc., you will follow the instructions of the escorting staff member or report immediately to the closest available staff member.

5. All rules, regulations, and policies of the Department of Corrections are designed and enforced for the safety of the staff members, visitors, and residents, the security of the facility, and for an orderly flow of necessary movement and activities. If unsure of any policy or procedure, ask for assistance from a staff member before preceding any further.

6. Harassment and discrimination directed towards anyone based on age, sex, gender identity, race, creed, color, marital status, physical or mental disability, national origin, sexual orientation, or political beliefs is illegal under Federal and State laws and will not be tolerated in the workplace.

Maintenance of a discriminatory work environment is also prohibited. Everyone has a duty to observe the law and will be subject to removal for failing to do so.

7. During the performance of your services, you are responsible to the facility administrator and, by your signature below, agree to abide by all the rules, regulations, policies, and procedures of the

Department of Corrections and the State of New Hampshire.

Name Signature Date

Witness Name Signature Date

A signature on this document signifies that no alterations have been made to the original text or format.

Administrative Rules

PART Cor 306 CONTROL OF CONTRABAND ON DEPARTMENTAL PROPERTY

Cor 306.01 Contraband.

(a) Items identified as contraband shall fall into 2 general categories:

(1) Items not allowed anywhere on departmental property; and

(2) Items not allowed inside departmental facilities that must be secured either in a visitor’s vehicle or within a locker available in a visitor reception area.

(b) Contraband items not allowed anywhere on departmental property shall consist of the following:

(1) Any substance or item whose possession is unlawful for the person or the general public possessing it;

(2) Any explosive device, bomb, grenade, dynamite or dynamite cap, or detonating device including primers, primer cord, explosive powder, or similar items, or simulations of these items; and

(3) Lock-picking kits or tools or instructions on picking locks, making keys, or making surreptitious entry or exit.

(c) Neither visitors from the general public nor department employees shall be permitted to have in their possession items not allowed anywhere on departmental property.

(d) Contraband not allowed inside departmental facilities shall include the following:

(1) Any firearm, simulated firearm, or device designed to propel or guide a projectile against a person, animal, or target;

(2) Any bullets, cartridges, projectiles, or similar items designed to be projected against a person, animal, or target;

(3) Any drug item, whether medically prescribed or not, in excess of a one-day supply or in such quantities that a person would suffer intoxication or illness if the entire available quantity were consumed alone or in combination with other available substances;

(4) Any intoxicating beverages;

(5) Knives and knife-like weapons;

(6) Clubs and club-like weapons;

(7) Maps of the prison vicinity or sketches or drawings or pictorial representations of the facilities, its grounds, or its vicinity;

(8) Sums of money or negotiable instruments in excess of $100;

(9) Pornography or pictures of visitors or prospective visitors undressed;

A signature on this document signifies that no alterations have been made to the original text or format.

(10) Radios capable of monitoring or transmitting on the police band in the possession of other than law enforcement officials;

(11) Identification documents, licenses, and credentials not in the possession of the person to whom properly issued;

(12) Ropes, saws, grappling hooks, fishing line, masks, artificial beards or mustaches, cutting wheels, or string, rope, or line impregnated with cutting material, or similar items to facilitate escapes;

(13) Balloons, condoms, false-bottomed containers, or other containers which could be used to facilitate transfer of contraband;

(14) Tobacco products, except those secured in a visitor’s locked vehicle; and

(15) Cellphones not issued by or approved in writing by the department.

(e) Contractors and vendors that can demonstrate a need shall obtain approval to bring cellphones into a facility by petitioning the warden and receiving such permission in writing.

(f) Departmental-issued cellphones shall be those cell phones issued through the department’s division of administration.

Cor 306.02 Contraband on Departmental Property Prohibited. The possession, transport, introduction, use, sale or storage of contraband on departmental property shall be prohibited under the provisions of RSA 622:24 and RSA

622:25.

Cor 306.03 Searches and Inspections Authorized.

(a) Any person or possessions on departmental property shall be subject to search to discover contraband. Searches shall be necessary to prevent the introduction of contraband into the facilities by persons under departmental control and to prevent escapes, violence, and situations where violence is likely. Travel onto departmental property shall constitute implied consent to search for contraband pursuant to RSA 622:24-25, and RSA 622:39. In such cases where implied consent exists, the visitor shall be given a choice of either consenting to the search or immediately leaving departmental property. Nothing in Cor

306.03, however, shall prevent non-consensual searches in situations where probable cause exists to believe that the visitor is or has attempted to introduce contraband into a departmental facility pursuant to the laws of

New Hampshire concerning search, seizure, and arrest or otherwise authorized by law.

(b) All motor vehicles parked on departmental property shall be locked and have the keys removed. Correctional uniformed staff shall check to ensure that vehicles are locked and shall visually inspect the plain view interiors of the vehicles. Vehicles discovered to be unlocked shall be searched to ensure that no contraband is present. Contraband discovered during searches shall be confiscated as evidence and turned over to law enforcement authorities for use in possible prosecution.

(c) All persons entering departmental facilities to visit with persons under departmental control or patients of the SPU, or staff, or to perform services at the facilities or to tour the facilities shall be subject to having their persons checked for contraband. In order to minimize the scope of such searches, items not needed for the visit such as purses, coats, and other baggage shall be left either in the vehicles or in the small lockers provided. All items and clothing carried into the institution waiting area shall be searched for contraband. Items left at the storage area shall be subject to inspection and search. Contraband seized shall be retained as evidence and turned over to law enforcement authorities for use in possible prosecution.

Name Signature Date

Witness Name Signature Date

Revised 5/2/2022

Criminal Background Check Acknowledgment Form

To Whom It May Concern, I am an employee of a vendor servicing the New Hampshire Department of Corrections.

It has been explained to me that one of the requirements for entry into NHDOC facilities is a satisfactory criminal/motor vehicle record check performed by the New Hampshire Department of Corrections. It has further been explained that the following information is required in order to perform this record check.

I hereby, voluntarily, reveal:

My full name: __________________________________________________________ First Middle Last

My correct date of birth: __________________________________________________

Driver’s License: ________________________________________________________ Number State

Company/Vendor that I am representing: _____________________________________

I understand that the above information will be utilized for this background check.

Signature Date

Print Name

Endorsed by: __________________________________________________ NHDOC Supervisor – Please Print Name

NH Department of Corrections: Contactor Information and Conduct Expectations

Primary Contact: Heidi H. Laramie, Administrator of Logistics 271-1868 heidi.h.laramie@doc.nh.gov

Secondary Contact: Jason M. Newton, Assistant Administrator 271-1889 jason.m.newton@doc.nh.gov

Background Checks:

All contractors, sub-contractors, vendors, and inspectors must have a background check completed by the NH Dept. of Corrections

(NHDOC) prior to arriving at any correctional facility. The primary contractor will be responsible for submitting a completed and signed Criminal Background Check Acknowledgement Form for each employee of the primary contractor and any sub-contractors expected to be onsite. This information will not be accepted from any sub-contractor unless very specific arrangements have been made in advance by the primary contractor and agreed to by the NHDOC.

Although every effort will be made to complete these checks in as timely a manner as possible, please be aware that approvals can take up to a week. The primary contractor will be notified when a person does not pass the standards of the background check, and the primary contractor will be responsible for notifying their employee or sub-contractor. Each contractor will be listed on an approved Operations Bulletin, and only those employees listed on the bulletin as having a successfully completed background check on file will be granted access to NHDOC facilities.

Requests for background checks/approvals must be emailed to the Administrator of Logistics (Heidi.h.laramie@doc.nh.gov) or

Assistant Administrator of Logistics (jason.m.newton@doc.nh.gov) at least one week prior to a scheduled site visit. No person will be authorized to come onto NHDOC property without being cleared and listed on the Operations Bulletin. This is inclusive of delivery drivers. No exceptions to this policy will be granted.

Things that everyone needs to know:

Although we will do all that is possible to facilitate your needs and to allow you to do your work freely, we will not take shortcuts or make compromises that could have a negative effect on facility security.

All vehicles parked on NHDOC grounds must be locked and secured when unattended. This includes tool boxes, truck caps, and ladder racks.

No contraband is authorized on NHDOC grounds. Contraband includes, but is not limited to tobacco, alcohol, illegal drugs, prescription drugs beyond one day’s use, items that could facilitate escape, firearms or items that could be used as weapons (obvious exceptions are tools required to perform work), and cell phones (restricted from entering the secure facilities only). Please refer to Cor

306 Control of Contraband on Departmental Property for more information.

Personnel should not engage in conversation with inmates. This would include inmates that are seen outside of the secure confines of the prisons. Nods hello or a basic greeting is acceptable. If a person discovers that they personally know an inmate, they should notify correctional staff immediately.

All persons will be required to possess a valid photo ID while on NHDOC property. Your ID will need to be presented for review upon the request of correctional staff and, in some facilities, it will be held at the main entrance control point for the duration of your visit.

It is critical for all persons visiting NHDOC facilities to listen very closely to and comply with the directions of correctional staff in the event of an emergency or unusual events.

Any conflict or dispute over security matters will be taken up with the primary contractor as they are considered the responsible entity.

We expect them to convey any resolution or directives to their subcontractors.

mailto:jason.m.newton@doc.nh.gov

Facility Name Address Onsite Contact Operating hours Facility Size (square feet) Summary of operations

Northern NH Correctional Facility 138 East Milan Rd. Berlin, NH

03570

Joe Bachofer, Plant Maintenance Engineer IV 603-752-0455 or Joseph.M.Bachofer@doc.nh.gov

24/7/365 190,602 sf

NH State Prison for Men 281 North State St.

Concord, NH 03301

Steve Brooks, Plant Maintenance Engineer IV 603-271-1854 or Stephen.R.Brooks@doc.nh.gov

24/7/365 379,344 sf

NH Correctional Facility for Women 42 Perimeter Rd.

Concord, NH 03301

Steve Brooks, Plant Maintenance Engineer IV 603-271-1854 or Stephen.R.Brooks@doc.nh.gov

24/7/365 97,354 sf

Transitional Work Center (TWC) 275 North State St.

Concord, NH 03301

Steve Brooks, Plant Maintenance Engineer IV 603-271-1854 or Stephen.R.Brooks@doc.nh.gov

24/7/365 11,784 sf Residential

North End House (Transitional Housing) 1 Perimeter Rd.

Concord, NH 03301

Steve Brooks, Plant Maintenance Engineer IV 603-271-1854 or Stephen.R.Brooks@doc.nh.gov

24/7/365 9,153 sf

Shea Farm (Transitional Housing) 60 Iron Works Rd.

Concord, NH 03301

Mary-Katherine Netto, Program Manager 603-271-6368 or Mary-Katherine.Netto@doc.nh.gov

24/7/365 9,989 sf

Calumet House (Transitional Housing) 126 Lowell St.

Manchester, NH 03104

Josh Leonard, Program Manager 603-271-1990 or Joshua.Leonard@doc.nh.gov

24/7/365 9,663 sf

Concord District Office (Probation & Parole) 314 North State St.

Concord, NH 03301

Steve Brooks, Plant Maintenance Engineer IV 603-271-1854 or Stephen.R.Brooks@doc.nh.gov

8am-4pm, Monday-Friday 3,812 sf

NH Dept. of Corrections Warehouse 3 McGuire St.

Concord, NH 03301

Jason Newton, Assistant Administrator of Logistics 603-271-1889 or Jason.M.Newton@doc.nh.gov

6:30am-2:30pm, Monday-

Friday 50,074 sf

NH Dept. of Corrections Retail Store 312 North State St.

Concord, NH 03301

Debra Shepard, Administrator of Industries 603-271-3904 or Debra.J.Shepard@doc.nh.gov

7am-3pm, currently 9:00am-

4:00pm, Tuesday-Saturday; this changes seasonally

(winter/summer)

3,405 sf

Form A-1: Certificate of Independent Price Determination

By submission of this proposal, each proposer certifies, and in the case of a joint proposal, each party thereto certifies as to its own organization, that in connection with this procurement:

The prices in this proposal have been arrived at independently, without any consultation, communication, or agreement, with any other proposer or competitor for the purpose of restricting competition, relating to (i) such prices, (ii) the intention to submit a proposal, or (iii) the methods or factors used to calculate the prices offered.

Unless otherwise required by law, the prices submitted in this proposal have not been knowingly disclosed by the proposer to any other proposer or competitor and will not knowingly be disclosed by the proposer to any other proposer or competitor prior to opening of proposals.

Name of Company

By

Signature

Title

Date

Form B-1: Proposer Information

Note: All questions must be addressed by the proposer. Failure of the proposer to answer any question, or comply with any directive contained in this form may be used by the State as grounds for ineligibility. If a question or directive does not pertain to your organization in any way, please indicate that fact with the symbol “N/A.”

For additional space for answers to any given question on this form, copy the question’s answer format and expand the number of entries as needed.

Date prepared: _____________________

1. Proposer Identification

Name of proposer: _____________________________________

Address: _____________________________________

City, state, zip code: _____________________________________

Phone number: _____________________________________

Facsimile number: _____________________________________

E-mail address: _____________________________________

Taxpayer I.D. number: _____________________________________

2. Type of Firm: (check one)

__ Corporation

__ Partnership

__ Sole Ownership

__ Joint Venture (list venture partners in the next section)

__ Branch Office of _________________________

__ Division of ______________________________

__ Other __________________________________

3. Is the firm incorporated? Yes ____ No ____

4. Federal Employer Identification Number: _______________________________

5. How many years has the firm been in the energy-efficiency related business?

____ years

6. How many years has the firm been in business under its present business name?

____ years

7. Indicate all other names by which the firm has been known and the length of time known by each name:

____________________________________________________________ ____ years

____________________________________________________________ ____ years

8. Name of parent company (if applicable): _____________________________________

Address: _____________________________________

City, state, zip code: _____________________________________

9. List all of the proposer’s State of New Hampshire Contractor’s license number(s) and types(s):

10. List the names, titles, and contact information for two individuals authorized to represent the proposer and firm in regards to this RFP and any related contract negotiations:

Contact #1:

Name: _____________________________________

Title: _____________________________________

Phone Number: _____________________________________

Facsimile Number: _____________________________________

E-mail Address: _____________________________________

Contact #2:

Title: _____________________________________

Phone Number: _____________________________________

Facsimile Number: _____________________________________

E-mail Address: _____________________________________

11. List corporate officers and directors or individuals, partners, joint venture partners, or owners, using the following format. Expand number of entries or use additional 8-1/2” x 11” paper as necessary.

Title / Function: _____________________________________

Address: _____________________________________

Phone number: _____________________________________

Address: _____________________________________

Address: _____________________________________

12. List corporate shareholders holding 25% or more of the outstanding shares with name, mailing address, and telephone number.

City, State, zip code: _____________________________________

13. If your company is not located in New Hampshire, use additional 8-1/2” x 11” paper to discuss the mechanisms that will guarantee the local support service necessary for fulfilling an energy savings performance contract.

14. Please attach resumes for each member of the project team. Limit to one page per team member, maximum of 10 team members.

Form E-1: Estimated Cost of Investment Grade Audit

The following statement must be submitted as part of the proposal package. Insert the Estimated Investment Grade Audit Cost. This cost does not reflect a commitment by the State to pay that amount. A negotiated amount may be payable by the State under certain conditions stated below.

The Contractor estimates the cost to conduct an Investment Grade Audit and provide the State with the required reports to be: ____________ dollars ($_______.___)

If the State elects not to proceed after accepting the Contractor’s Audit Report, or if the State and the contractor cannot agree on the contents or manner of incorporation of the Audit Report within 30 days after its submission, then the Agreement shall terminate and the State shall pay a fee, negotiated and agreed upon by both parties, to the Contractor. The State is not required to pay the fee under these conditions:

1. The Contractor’s Audit Report does not comply with the terms of the Agreement in any material respect,

2. The total energy savings set forth in the Audit Report are less than 85% of the total energy savings proposed by the Contractor in its proposal, or

3. The net financial benefit set forth in the Audit Report is less than 85% of the net financial benefit proposed by Contractor in its proposal.

In these events, the State shall have no obligation to reimburse the contractor for the cost of preparing the Audit Report, or any negotiated fee, and may use any information contained in the report or implement any of its recommendations with no cost or obligation to the contractor.

Authorized company representative signature

Name (please print)

Form E-4: Itemized Cost Details

Please complete the following table. These percentages shall be applied to all measures listed in this proposal and shall be used in the final IGA and Construction phases of the project.

Markup Category Markup Percentage

1. Measurement & Verification

2. ECM Development and IGA Costs

3. Detailed Engineering

4. Project/Construction Management

5. Commissioning

6. Training

7. Overhead

8. Profit

9. Bonding

10. Other Costs

TOTAL (Add #1-10)

Agreement to Perform an Investment Grade Audit

AGREEMENT, entered into as of _______________________________, 2026, by and between ___________________________________________(“Contractor” or “Vendor”) a corporation with a principal place of business at __________________________________________ and the Department of Administrative Services (“State”) a department of the State of New Hampshire with a principal place of business at 25 Capitol Street, Concord, NH (individually, a “Party” or collectively, the “Parties”).

Now, therefore, in consideration of these premises and the mutual promises herein expressed, State and Contractor agree as follows:

BASIS:

The basis for this Agreement is:

The Department of Corrections (hereinafter called “the State”) owns ten (10) state-owned facilities in Concord, Berlin, and Manchester, NH (hereinafter called “the Facilities”). State desires to improve the energy efficiency of certain facilities that it owns and occupies by means of an energy performance contract. The State has solicited competitive proposals, evaluated Contractor’s response, and wishes to engage Contractor to conduct an Investment Grade Audit of the facilities to determine whether the State should proceed with an energy reduction project by means of an energy performance contract.

Contractor has made a preliminary assessment of the Facilities and submitted a proposal in response to a State issued RFP, to provide certain services and equipment. The Contractor provides services and other measures designed to reduce energy consumption or energy costs. The Contractor is willing to guarantee that the State will realize energy cost savings during each year of the term of an energy performance contract, calculated and adjusted according to accepted terms.

The work to be performed at the Facilities by Contractor (the “Project”) will identify the Measures to be installed and other services, if any, to be provided by Contractor.

1. DEFINITIONS:

Baseline Energy Use. A calculation of energy use of a building or piece of equipment over a specified period used to project energy use had the project not been implemented.

Energy Conservation Measures (ECM). A measure to reduce energy use or costs, such as the installation of equipment or systems, or modification of equipment or systems, or revised operation and maintenance procedures.

Guaranteed Performance. The annual energy unit and cost savings, which the Contractor guarantees will be realized by the State as a result of the Project, will be calculated in accordance with the methodology (i.e., the International Performance Measurement and Verification Protocol (IPMVP) Options A and B) described in the original RFP and agreed to by Contractor in its RFP response. The Parties agree that the final M&V Plan will be negotiated and mutually agreed to during the development of the IGA. Excess annual energy units and cost savings obtained by the

State beyond the Contractor's annual guarantee cannot be used as a credit by the Contractor in any previous or subsequent years of the contract term and will not be applied for any shortfall in guaranteed energy units or cost savings during the contract term. Measures must be easily separated by building for ease of calculating loan repayments. All energy and cost savings derived from the implementation of this project will be retained by the State.

Energy unit savings will be the basis of the performance guarantee and guaranteed cost savings are extrapolated from the energy unit savings and baseline utility costs. Since energy costs fluctuate, the Contractors must meet the guaranteed annual energy unit savings as a requirement of the performance guarantee. In no instance will guaranteed cost savings be used as the sole condition for meeting the performance guarantee. Further, as required in NH RSA 21-I:19-d (f), “Any energy performance contract shall require the state to recover all implementation costs within 20 years from the date of project implementation at existing energy prices. The contract shall require that the public utility or energy services provider be repaid only to the extent of energy cost savings guaranteed by the contractor to accrue over the term of the contract.”

Investment Grade Audit. A survey of existing energy systems of a Facility for the purpose of proposing Energy Conservation Measures (ECMs) and verifying that the proposed ECMs are guaranteed to generate energy consumption and cost savings and meet the financial requirements within seventeen years The results of an Investment Grade Audit are presented in a written report that includes a methodology for the calculation of the Baseline Energy Use and a description of physical conditions, equipment counts, nameplate data and control strategies. For each ECM recommended, the Investment Grade Audit generally provides equipment counts, implementation costs, efficiency levels or performance characteristics of the equipment comprising the proposed ECMs, on-going maintenance costs, annual energy and cost savings, the useful life of the ECM and a life-cycle cost analysis. Projected energy savings must account for interaction among recommended Energy Conservation Measures. See Section 3 and the State RFP #484-26-254 “Energy Performance Contracting Services for ten (10) state-owned correctional facilities.” The results of the Investment Grade Audit are presented in a written report.

Measurement and Verification. The process of monitoring and measuring the energy consumption of a facility or specific equipment or systems, before and after Project implementation, to determine if guaranteed or predicted energy savings are being realized. The International Measurement and Verification Protocols will be used to measure and monitor all installed ECMs.

Project. An energy and energy-related cost reduction program that may include design, engineering, procurement, installation of equipment, ongoing maintenance, measurement and verification, and other services.

Total Project Cost. All costs associated with the development and implementation of an energy performance contract, which may include, but are not limited to: the comprehensive energy audit; ECM design, procurement and installation; financing fees; construction contract bonds;

interest charges; training of facility staff; measurement and verification; equipment operation and maintenance; project management; the energy performance guarantee; and Contractor overhead and profit.

2. The Contractor shall perform an Investment Grade Audit of the following facilities:

Agency Facility Name

Department of Corrections Northern NH Correctional Facility

NH State Prison for Men

NH Correctional Facility for Women

Transitional Work Center (TWC)

North End House ((Transitional Housing)

Shea Farm (Transitional Housing) Calumet House (Transitional Housing) Concord District Office (Probation & Parole) NH Dept. of Corrections Warehouse NH Dept. of Corrections Retail Store

The Contractor shall gather and analyze information and data and propose a project to the State in a comprehensive energy audit report that would reduce the State's expenses for energy, water and related operations. The Investment Grade Audit shall be conducted at the Contractor’s own expense. The Contractor shall conduct an on-site survey of the facilities and shall interview appropriate State personnel to learn the operating characteristics of the facilities and the existing equipment and systems therein.

The Investment Grade Audit shall identify all feasible energy conservation, load management, building envelope, water conservation; and renewable resource options for which the total cost savings benefits are expected to exceed implementation costs, including financing, over the term.

The comprehensive energy audit shall also address the following options specifically identified by the State:

• Building Automated Control Systems

• Building Envelope

• Domestic Hot Water Systems

• Electric Distribution System and Transformers

• Equipment e.g. Compressors

• Heating, Ventilation and Air Conditioning

• Lighting Systems and Controls, including exterior lighting

• Plug-Load Control

• Premium Efficiency Motors and Variable Frequency Drives

• Renewable Energy

• Water Conservation

• Additional Measures

3. Contractor shall certify in writing that Contractor has a plan to coordinate all activities involving handling, transport, and disposal of hazardous materials, including asbestos, affected by the installation of Measures under this Agreement. Provided; however, that the State will enter directly into contracts with third parties for necessary handling, transport or disposal of hazardous materials (other than for mercury-containing lamps and PCB-containing ballasts) discovered by

Contractor, as a part of such plan. If no hazardous materials are involved or affected, Contractor shall so assert.

The Investment Grade Audit shall present a detailed analysis and discussion of the Contractor's proposed ECMs at the State's facilities. It shall include a methodology for the calculation of the baseline energy use and a description of physical conditions, equipment counts, lighting audits, nameplate data, and control strategies prior to project implementation.

For each measure recommended, the Investment Grade Audit shall provide equipment counts, implementation costs, efficiency levels or performance characteristics of the equipment comprising the proposed measure, on-going maintenance costs, annual energy and cost savings, and the useful life of the measure. Projected energy savings must account for interaction among recommended measures.

There shall be a separate section in the comprehensive energy audit report for each building and an executive summary which lists all proposed ECMs with the implementation cost, estimated energy cost savings, useful life of the equipment, and the simple payback for each measure.

The report shall incorporate the following format:

Changes from the Original Proposal – provide a complete description of what changes have occurred from the original proposal to the completed Investment Grade Audit and explain why these changes were necessary. Include at a minimum for each ECM:

▪ Changes in quantities of equipment or fixtures,

▪ Changes in installation or equipment costs,

▪ Changes in equipment type and/or specifications,

▪ Changes in the implementation timeline, and

▪ Changes in the scope of work.

Measure Descriptions – provide a complete description of each proposed measure, which will include at a minimum:

▪ The proposed upgrade, replacement, or operational change;

▪ Existing equipment and fixture inventories;

▪ Waste recycling measures;

▪ Quantities, and make and model of all proposed new equipment;

▪ Interface between the proposed measure and existing equipment; and

▪ A cost and savings summary (Form E-2) and savings guarantees

Operation and Maintenance Services and Responsibilities – provide a complete description of the maintenance services that the Contractor will provide and a complete description of any maintenance actions for which the State will retain responsibility.

▪ Operation services to be performed by the Contractor

▪ Operation services to be performed by the State

▪ Training services to be performed by the Contractor

▪ Maintenance services to be performed by the Contractor

▪ Maintenance to be performed by the State

▪ Repair response times and agreements

Measurement and Verification Plan – document the methods that will be used to calculate energy savings and convert them to cost savings, including the baseline that savings will be measured against and any provisions for modifying the baseline. Information to be provided includes:

▪ an energy baseline and the methodology used for the calculation of baseline energy consumption;

▪ the International Performance Measurement and Verification Protocol method to measure energy savings for each conservation measure and/or energy type after ECMs have been installed;

▪ the method to verify ECM compliance with requirements of standards of service and comfort;

▪ the method of determining guaranteed energy unit and cost savings and compliance with standards of service and comfort annually throughout the Term;

▪ the utility rate schedules to be used for calculating energy cost savings; and

▪ A clearly defined performance guarantee which indicates energy unit savings will be the basis of the guarantee and that guaranteed cost savings are extrapolated from the energy unit savings and baseline utility costs. Also include an outline of the process for reimbursing the state for any shortfall in the energy unit savings guarantee. In no instance will guaranteed cost savings be used as the sole condition for meeting the performance guarantee.

To establish the baseline, provide supporting documentation on:

• building physical condition;

• hours of use or occupancy;

• area of conditioned space;

• area of unconditioned space;

• inventory of energy consuming equipment or systems;

• energy consuming equipment operating conditions and loads; and

• standards of service and comfort observed (e.g. light levels and temperatures).

Describe the manner in which the Contractor shall secure the energy performance guarantee.

Installation Schedule – provide for each measure, a proposed implementation schedule with the following milestones:

▪ Design completed

▪ Permits

▪ Submittals (plans and specifications)

▪ Equipment/material acquisition

▪ Mobilization

▪ Installation

▪ Clean up

▪ Startup/testing, commissioning, initial Measurement and Verification

▪ Final inspection and project acceptance

▪ Post installation submittals

▪ Periodic Measurement and Verification, annual true-ups

▪ Training

Subcontractor and Equipment Vendor/Brand Schedules - provide a list of subcontractors (or possible subcontractors), and equipment brands and vendors.

Compensation Schedule – The Compensation Schedule should indicate any progress payments for construction through Project Acceptance and any regular payments after Project Acceptance for ongoing monitoring, operating, and maintenance services, if applicable.

Standards of Service and Comfort for the State facilities shall be as follows:

In conditioned areas, space temperatures will be maintained between 68°F and 76°F dry bulb during the heating season and scheduled occupied periods. In no instance shall the lowest temperature in the building fall below 68°F during occupied periods (except in cases of boiler failure when a minimum temperature of 55°F must be met with backup heating sources until failed units can be repaired). These temperature requirements shall also apply to buildings that have central cooling systems. In buildings with ventilation systems, outside air cannot be reduced below the quantities found in ASHRAE standard 62-89, "Ventilation for Acceptable Indoor Air Quality."

Where control is available in office spaces, 20-60% relative humidity shall be maintained during periods scheduled for occupancy, or maintained at present building set points. Data centers shall have humidity settings that meet their own standards.

STANDARD HOURS OF OPERATION

Agency/Building Street City Zip Code Square Footage

Usage Type Area Base Hours of Operation

Department of Corrections

Northern NH Correctional Facility

138 East Milan Rd. Berlin 03570 190,602 Correctional Facility

All 24/7/365

NH State Prison for Men

281 North State St. Concord 03301 379,344 Correctional Facility

All 24/7/265

NH Correctional Facility for Women

42 Perimeter Rd. Concord 03301 97,354 Correctional Facility

All 24/7/365

Transitional Work Center (TWC)

275 North State St. Concord 03301 11,784 Residential All M-F 4:30 PM

- 8:30 PM

North End House 1 Perimeter Rd. Concord 03301 9,153 Transitional Housing

All 24/7/365

Shea Farm 60 Iron Works Rd. Concord 03301 9,989 Transitional Housing

All 24/7/365

Calumet House 126 Lowell St. Manches ter

03104 9,663 Transitional Housing

All 24/7/365

Concord District Office 314 North State St. Concord 03301 3,812 Probation & Parole Office

All M-F 5:00 PM

- 7:00 PM

NH Dept. of Corrections Warehouse

3 McGuire St. Concord 03301 50,074 Warehouse All M-F 7:00 AM

- 6:00 PM

NH Dept. of Corrections Retail Store

312 North State St. Concord 03301 3,405 Retail Store All M-F 6:00 AM

- 3:00 PM

During unoccupied periods, the heating and/or cooling systems may be turned off. However, the systems must be so designed that before any high or low temperatures or humidity conditions that could damage equipment in the spaces can occur, the heating and/or cooling system will restart and control the temperature or humidity as required. In any case, temperatures must be restored to the 68°F - 76°F range by the start of the next occupied period.

Hot water to kitchen areas will be supplied at a temperature of 120°F. Domestic hot water for bathrooms, showers and hygiene purposes shall be delivered at a temperature between 85°F and 110°F. All other domestic hot water temperature requirements must meet applicable NH plumbing code standards.

Minimum lighting levels shall be in accordance with applicable Illumination Engineering Society (IES) standards for each type of space and activity as of the time of the Measure installation. It is recommended a sampling of light level readings be taken at various locations before considering lighting upgrade options. This will assure post-retrofit light levels will be adequate and that lighting upgrades will not be based on existing light levels which may be below or above IES standards.

The key personnel assigned responsibility for the conduct of the comprehensive energy audit shall be identified in writing prior to the commencement of the comprehensive energy audit, and shall be subject to the approval of the State. Proposed changes in the key personnel also shall be subject to State approval.

The State agrees to allow the Contractor access to its facilities during normal working hours for the purpose of gathering information required for the Investment Grade Audit and to cooperate with the Contractor in providing timely, complete, accurate, and pertinent information. If it has not already done so, the State shall furnish, or cause its energy suppliers to furnish, accurate and complete data concerning energy usage for the facilities for a recent 24-month period.

The Contractor agrees that this Investment Grade Audit shall be completed and delivered to the State within ____weeks of the signing of this Agreement by both parties.

Within 15 business days of receipt of the Investment Grade Audit, the State may request in writing additional information about any proposed measures. In such event the Contractor agrees to provide, at no additional cost to the State, detailed engineering and financial calculations and to identify all assumptions and inputs underlying the recommended ECMs and services. The Contractor will submit the requested information within 15 business days of receipt of the request from the State. Upon receipt of the information from the Contractor, the State may, within 5 days of receipt of the initial response from the Contractor, request additional information about the recommended program. The Contractor shall have 10 days to respond to the second and any subsequent requests for information, and the State shall have 10 days to respond. These requests for information may involve attempts to resolve deficiencies in or material objections to the proposed Project. This process may continue until (a) the parties resolve the deficiencies and objections and the State accepts the comprehensive energy audit report; (b) the State and the Contractor mutually select an acceptable engineering firm to decide whether the recommended ECMs are feasible and the proposed costs and savings are reasonable; or (c) either party decides to pursue its legal rights in an appropriate forum. The State shall not be responsible for expenses incurred by the Contractor for providing additional information needed to clarify, review or modify the Investment Grade Audit after the initial presentation by the Contractor.

This Agreement in no way binds the State or the Contractor to enter into any future agreement for any purpose.

This Agreement shall become effective and binding upon approval by the New Hampshire Governor and Executive Council pursuant to RSA 4:15.

EXHIBIT B

Payment Terms

1. The Investment Grade Audit shall be conducted at the Contractor’s own expense.

2. The Contractor shall be solely responsible for any and all costs incurred by the Contractor for work performed by the Contractor in preparation of the Investment Grade Audit prior to the

Governor and Executive Council approval of this agreement. The State shall have no obligation to reimburse the Contractor for its expenses relating to the work performed in the preparation of the

Investment Grade Audit prior to approval by the Governor and Executive Council.

3. If the State elects not to proceed after accepting the Contractor’s Investment Grade Audit, or if the

State and Contractor cannot agree on the contents or manner of incorporation of the Investment

Grade Audit within 30 days after its submission, then this Agreement shall terminate and the State shall pay the Contractor $______ as compensation for the preparation of the Investment Grade

Audit, unless:

a. The Investment Grade Audit does not comply with the terms of the Agreement,

b. The total energy savings set forth in the Investment Grade Audit are less than 85% of the total energy savings proposed by the Contractor in its proposal, unless the quantity and scope of ECMs changes as a result of changes such as the following: different building operating assumptions provided by the State, addition or removal of ECMs from the project scope by the State, or changes in financial parameters as noted in item 3. c. below,

c. The net financial benefit set forth in the Investment Grade Audit is less than 85% of the net financial benefit proposed by Contractor in its proposal, unless changes in financial assumptions occur relative to those made in the RFP response, including factors such as the following: interest rate, finance term, energy rates, added M&V or O&M requirements, changes in building codes, added costs for scope not providing additional energy savings such capital improvements or architectural enhancements, and extended or phased construction schedule, or

d. An agreement between the Contractor and the State that provides for an alternative compensation arrangement.

In these events, the State shall have no obligation to reimburse the Contractor forth cost of preparing the Investment Grade Audit and may use any information contained in the report or implement any of its recommendations with no cost or obligation to the Contractor.

4. Payment shall be paid within thirty (30) days after receipt of invoice. Said payment shall be made by means of a check mailed to the address in Paragraph 1.4 of this contract.