RFP 2024_004 ENERGY SAVINGS PERFORMANCE CONTR.pdf

LUMPKIN COUNTY BOARD OF COMMISSIONERS

REQUEST FOR PROPOSALS 2024-004

ENERGY SAVINGS PERFORMANCE CONTRACTING SERVICES

SUBMISSIONS ARE DUE AT THE ADDRESS SHOWN BELOW NO LATER THAN

November 5, 2024 AT 2:00 PM, EST

THE RESPONSIBILITY FOR SUBMITTING A RESPONSE TO THIS RFP ON OR BEFORE

THE STATED DATE AND TIME WILL BE SOLELY AND STRICTLY THE RESPONSIBILITY

OF THE OFFEROR.

Release October 16, 2024

INTRODUCTION

Lumpkin County (hereinafter referred to as “County”) requests proposals from qualified firms for the provisioning of an Energy Savings Performance Contract. Pursuant to GA Code: 50-37, County is seeking qualifications from interested Energy Services Companies (ESCOs) capable of providing a comprehensive solution that will reduce energy and operational costs across County facilities.

At a minimum, the ESCO must have meet the following qualifications:

• Licensed in the State of Georgia

• An approved ESCO by the Georgia Environmental Finance Authority

• Has demonstrated experience in the implementation of Energy Performance contracts.

Preferred: Holds an ESP or ESCO level certification from the National Association of Energy Services Companies

(NAESCO)

GENERAL RESULTS DESIRED

The County seeks a broad range of services and capital improvements in order to improve the energy and operational efficiency of County facilities, address critical infrastructure needs and enhance the health, safety, comfort and functional alignment of County facilities. These services and capital improvements will be provided through an Energy Services Agreement, which could include, but is not limited to, an Energy Services Contract or other applicable state procurement legislation.

No contract shall exceed 20 years in duration and is subject to annual appropriations. The County is considering a combination of federal funding, grants, rebates, as well as other financing mechanisms. If federal funding is used to fund the proposed projects, in whole or in part, ESCO would be responsible for ensuring that all contractors and project elements meet all applicable state and federal codes, regulations and requirements necessary for federal funding opportunities available to the County.

Additionally, County is open to additional opportunities, projects and/or phases of work that would improve facilities, operations and drive energy and operational efficiencies.

REQUIRED SYSTEMS AND SERVICES CAPABILITIES

ESCOs must have the demonstrated technical and managerial capabilities to address a broad range of building energy systems and provide a comprehensive set of energy services. Energy systems include, but are not limited to, roofing, heating, ventilation and air conditioning systems, lighting, windows, insulation and energy management controls, life safety measures that provide long-term, operating-cost reductions, building operation programs that reduce operating costs, other energy-conservation-related improvements, including improvements or equipment related to renewable energy, water and other natural resources conservation, including accuracy and measurement of water distribution and/or consumption, and other equipment, services and improvements providing energy efficiency.

Energy services include, but are not limited to, an investment grade technical energy audit and report; the design, acquisition, installation, modification maintenance, commissioning, monitoring and training in the operation of solutions installed in this project.

Any stipulated energy and/or non-energy cost savings that may be attributed to this project will be rigorously reviewed and, if agreed to, will be limited to those that can be thoroughly documented and verified by the ESCO and approved by the County. Additional services may include continuing O&M for all improvements and/or training of the County's staff on routine maintenance and operation of systems as well as training of occupants. Monitoring and verification (M&V) services include appropriate measurement and reporting of the performance and savings from improvements.

OVERVIEW OF TERMS AND CONDITIONS

Contract Term. No contract shall exceed 20 years in duration and is subject to annual appropriations.

Guarantee. Improvements and services must result in guaranteed minimum annual energy and O&M savings option, as well as guaranteed minimum levels of occupant comfort. The guaranteed savings must be achieved each year.

Annual cost savings derived from such improvements beyond the guaranteed minimum savings will be held by the County and will not be allocated to future annual savings guarantees or shortfalls in other years.

Financial Review. Detailed financial projections of project benefits are dependent upon the scope of technical retrofits finally selected and installed. It is premature to place a major emphasis on projected financial benefits prior to the completion of a detailed engineering study and negotiation of the project structure.

O&M Savings. Any O&M cost savings proposed by the selected ESCO will be rigorously reviewed and, if agreed to, will be limited to those that can be thoroughly documented and approved by the County.

DESCRIPTION OF THE PROCUREMENT PROCESS

It is anticipated that the process for the procurement of these energy services will proceed in three stages.

1.) SUBMISSION OF WRITTEN QUALIFICATIONS: The County through its designated representatives will review and evaluate the written responses to this Request for Proposals (RFP) in accordance with the evaluation criteria identified in Attachment B. The County will either select the most qualified ESCO or request oral interviews from a shortlist of candidates of the procurement process.

2.) ORAL INTERVIEW: If so desired following the review of the RFP packages, a shortlist of qualified firms may participate in an oral interview to more fully discuss how their qualifications to this project satisfy the evaluation criteria set forth in Attachment B. It will be the sole responsibility of the Project Evaluation Team to make the final selection of a Project Contractor based upon the evaluation of written responses to the RFP, client reference checking, and the oral responses received during the interview process.

3.) SELECTION OF ESCO TO ENTER INTO INVESTMENT GRADE AUDIT AGREEMENT: The selection committee will select the ESCO deemed to be most qualified to perform the requested services. County and selected ESCO shall enter into an Investment Grade Audit Agreement. The ESCO's proposed contract terms must include the performance and presentation of results from a detailed investment grade technical energy audit and report of acceptable quality to the County. If the County decides not to enter into a contract after the audit report has been accepted, the County agrees to pay the cost of the audit as stated in the contract, provided that all contract terms and conditions of the audit have been met by the ESCO. The County intends to negotiate a final Energy Services Agreement (ESA) for these services. If an acceptable contract cannot be reached within 90 days from the date of ESCO selection, negotiations with the second-ranked ESCO may be initiated.

RESTRICTION OF CONTACT

From the issue date of this RFP until the County selects a respondent for award, the contact person listed below is the sole point of contact concerning this RFP. All inquiries must be submitted in writing. Any violation of this condition may be cause to reject the offending ESCO’s submission. If it is discovered that ESCO has engaged in any violations of this condition, the offending ESCO’s response may be rejected or contract award rescinded. ESCOs must agree not to distribute any part of their submissions. An ESCO that shares information contained in its submission with other County personnel and/or competing ESCO personnel may be disqualified. Direct all inquiries concerning this RFP to the following contact:

Ryan McDuffie, Purchasing Agent Ryan.mcduffie@lumpkincounty.gov

SUBMITTAL FORMAT

Companies who wish to be considered by the County must submit four (4) copies of their response. All submissions should be on 8 ½ x 11 size paper and no smaller than size 11 font. The appendix items, A-1 through A-6, can be provided by flash drive to reduce the size and weight of the submission. All submissions become the property of the County and will not be returned to the ESCO. The County reserves the right to reject any or all submissions and to waive informalities and minor irregularities in submissions received and to accept any submissions if deemed in its best interest to do so. All costs associated with submission preparation will be borne by the submitting company.

ATTACHMENTS

Please consult the following attachments for aid in completion of the RFP. Additionally, Attachments D and E must be returned with proposal.

Attachment A: Evaluation Criteria Attachment B: Contract Terms and Conditions Attachment C: ESCO Profile Form Attachment D: Contractor E-Verify Affidavit Attachment E: W-9 Attachment F: Non-Collusive Affidavit

PROPOSED PROJECT SCHEDULE

The following schedule is the proposed schedule and may change during the project.

Activity Dates Advertise/Issue RFP October 16, 2024 Written Qualifications Due November 5, 2024 Oral Interviews/Presentations December 2-6, 2024 ESCO Selection January 21, 2025 Negotiations and Execution of Investment Grade Audit Agreement Middle January mailto:Ryan.mcduffie@lumpkincounty.gov

ATTACHMENT A

EVALUATION CRITERIA

The criteria listed below will be used in the evaluation of written submissions, interviews with previous ESCO clients, and the responses of ESCOs during oral interviews, as appropriate. These criteria will be applied and interpreted solely at the discretion of the County. Written responses should include all necessary information that is pertinent to these evaluation criteria. Failure to provide any of the requested information will result in a “0” score for that respective category. Additional information required for the proper assessment of written submissions may be requested from the ESCO at the discretion of the County. The criteria are not ranked in order of importance.

ESCO Scoring Sheet

Rating 1-10 (worst-best)

Experience

1 Company history and number of years in energy & ESCO business 2 Experience with implementing guaranteed energy savings contracts

3 Proof of National Association of Energy Services Company (NAESCO) Accreditation (Yes = 10, No = 0)

4 Personnel demonstrate strong experience, professional qualifications, and tenure

5 Clear assignment of responsibility for various project tasks to specific individuals

6 Demonstration of in-house design, construction, and measurement and verification capabilities.

Track Record & References

7 Strength of overall track record in Georgia and the Southeast with similar entities

8 Relevant experience in working with similar Counties, delivering similar solutions to those desired by County and collaborating with subcontractors in the region.

9 Positive feedback from reference base

10 Evidence of repeat business

11 Reference Savings Transparency: If non-energy savings were used, they are clearly explained and verifiable

12 Strength of approach to savings shortfalls and experience with repayment for non-performance

Program Approach

13 Ability to deliver a comprehensive scope of services

14 Quality of Investment Grade Audit (IGA) approach and sample IGA report

15 History of product neutrality and experience with different equipment manufacturers

16 Quality of construction management and problem-solving capabilities

17 Strength of experience and approach to managing construction in occupied & secure facilities

18 Quality of approach to project commissioning and sample commissioning plan

Support & Savings Guarantee Approach

19 Quality of proposed training for facility staff

20 Approach to ongoing maintenance is flexible and reasonable

21 Quality of post-installation support and measurement and verification services

22 Sample Savings Report is transparent, straight-forward and supports mutual accountability

23 Quality of baseline calculations and methodology for handling changes to the baseline

24 Transparency of guarantee language and inclusion in Energy Services Agreement

25 Reasonable & transparent approach to calculating stipulated savings

Financial Strength

25 Financial soundness and stability of ESCO (ability to support the guarantee)

26 Quality of audited financials, proof of insurance and proof and extent of bonding capabilities (If audited financials are not provided, score = 0)

27 Reasonableness of pricing policy

28 Capability to develop projects which qualify for attractive financing terms

29 Strength of capabilities and approach to grant application and management services

30 Quality of approach and experience in seeking, bundling, and delivering creative funding opportunities that enhance the financial attractiveness of project.

Other

31 Alignment of value-added opportunities to county goals & vision

32 Overall alignment of ESCO experience, track record, and approach to County goals

33 ESCO follows requested response format and provided complete answers to questions

ESCO TOTAL:

The establishment, application, and interpretation of the above criteria shall be solely within the discretion of the County. The County reserves the right to reject any and all submissions.

ATTACHMENT B

CONTRACT TERMS AND CONDITIONS

The minimum conditions the County will accept from the selected ESCO are described below. This section defines the scope of services related to the technical requirements that will be included in any final contract. It also defines the key contractual provisions.

1. Scope of Services (Technical Requirements)

The Scope of Services must be included in any performance contract the County enters into, and must include the following items at a minimum:

a. Investment Grade Technical Energy Audit and Report. The ESCO's proposed contract terms must include the performance and presentation of results from a detailed investment grade technical energy audit, as defined by OCGA 50-37-2(8), which includes detailed descriptions of the improvements recommended for the project, the estimated costs of the improvements, and the utility and operation and maintenance cost savings projected to result from the recommended improvements. The investment grade energy audit shall also include a detailed economic analysis of the project's performance over the life of the contract term. The report must summarize recommendations for energy conservation measures based on anticipated energy, operational water, or waste-water cost savings or revenue increases resulting from the energy conservation measures.

The energy audit report shall include estimates of all costs of installation, maintenance, repairs, and debt service and estimates of the amounts by which energy or operating costs will be reduced. If the County decides not to enter into a contract after the audit report has been accepted, the County agrees to pay the cost of the audit as stated in the submitted response to this RFP, provided that all contract terms and conditions of the audit have been met by the ESCO.

b. Standards of Comfort. Specific standards of comfort, safety and functionality will not be degraded from the existing condition and/or shall meet minimum established industry standards. The ESCO will be responsible for maintaining the levels of comfort for each building as specified in the Technical Facility Profile or in any final agreement. Persistent failure to maintain the defined climate and lighting conditions will constitute a default.

c. Professional Engineer Involvement. A registered professional engineer must, at a minimum, review and approve design work done under this contract.

d. Guaranteed Savings. The County requires a minimum annual savings guarantee. The ESCO shall provide an annual reconciliation of the guaranteed energy cost savings. The ESCO shall be liable for any annual savings shortfall which may occur. In the event that such reconciliation reveals an excess in annual energy cost savings, such excess savings shall not be used to cover potential energy cost savings shortages in subsequent contract years.

e. Construction Management. The ESCO will be required to work with current building management and maintenance personnel in order to coordinate construction and provide appropriate training in operations and maintenance of all installed improvements. No equipment or other improvements will be installed that would require the County to hire additional personnel unless contract negotiations produce an explicit exemption for a specific installation.

h. Equipment Standardization. All equipment installed that is comparable to similar equipment at other sites operated by the County shall be of the same manufacturer for standardization of equipment agency wide, unless otherwise accepted by the County.

i. As-Built Drawings. Where applicable, ESCO must provide by mylar, reproducible "as built" and record drawings (or such electronic equivalents as may be agreed to with the County) of all existing and modified conditions associated with the project, conforming to typical engineering standards.

These should include architectural, mechanical, electrical, structural, and control drawings and operating manuals within 30 days of completion of installation.

2. Contractual Provisions

Key elements that must be provided for in any performance contract that County enters into will, at a minimum, include the following:

a. Written Submissions. The contents of the ESCO's submissions in response to this solicitation will become part of any final agreement between the County and the contractor.

b. Meeting Project Schedule. The ESCO must provide a final schedule of project milestones including equipment-servicing and preventive maintenance provisions that will become part of any final contract. ESCO is responsible for meeting schedule deadlines. In the event any milestone or service provision is not met as scheduled without prior approval from the County, the County reserves the right to consider it a default and withdraw from all contractual obligations without penalty.

c. County Inspection. The County must have the right to inspect, test and approve the work conducted in the facilities during construction and operation. The County shall have the right and access to the account books, records, and other compilations of data that pertain to the performance of the provisions and requirements of this agreement. This is covered below by the open book pricing requirement. Records shall be kept on a generally recognized accounting basis, and calculations will be kept on file in legible form and retained for three years after close-out. The County retains the right to have its representative visit the site during the analysis and implementation phases of the project, and to attend relevant on-site or off-site meetings of the ESCO and/or its subcontractors.

d. Final Approval of County. The County retains final approval over the scope of work and all end-use conditions.

e. Repayment of Project Financing. The repayment obligation and term of the financing for this project must be arranged to coincide with the acceptance by the County that the project is fully installed and functioning.

f. Compliance. All work completed under this contract must be in compliance with all applicable federal, state and local laws, rules and regulations such as building codes and appropriate accreditation, certification and licensing standards. Work must be in accordance with sound engineering and safety practices and in compliance with all County regulations relative to the premises. The ESCO and its subcontractors will be responsible for obtaining any and all required governmental permits, consents and authorizations, and for payment of any and all state and city required taxes and fees which result from contract. The contract must comply with the statutory provisions the Guaranteed Energy Savings Performance Contract Act (OCGA §50-37-1 et seq.)

g. Handling of Hazardous Materials. All work completed under this contract must be in compliance with all applicable federal, state and local laws, rules and regulations regarding waste disposal and treatment/disposal of any hazardous materials that could result from this project. Work must also be in accordance with sound engineering and safety practices, and in compliance with all reasonable County rules relative to the premises. In the event the ESCO encounters any such materials, the ESCO shall immediately notify the project manager and stop work pending further direction from the project manager. The State may, in its sole discretion, suspend work on the project pending removal of such materials or terminate this Agreement.

h. Methodology to Adjust for Changes. The contract must contain a mutually acceptable clause whereby unanticipated changes in facility use, occupancy, schedule and/or utility rates can be accommodated in a fair manner agreeable to both parties.

i. Hiring and Wage Requirements. The ESCO will comply with all requirements for the payment of prevailing wages, and for minority and women-owned business enterprises.

j. Subcontractor Approval. The County retains the right to approve any ESCO selected subcontractor prior to its commencement of work on this project.

k. Bonding Requirements. The ESCO will provide to the County assurance of completion in the form of separate performance and labor and material payment bonds, each in the sum of 100 percent of all subcontracts.

l. ESCO Insurance. Prior to the commencement of work, the ESCO must provide evidence of the required levels of insurance for both the construction and operations phases of the project.

m. Guaranteed Cost Savings. Improvements and services must result in guaranteed a minimum annual energy and O&M savings option, as well as guaranteed minimum levels of occupant comfort. The combined savings achieved by the installed projects must be sufficient to cover all project costs including debt service and contractor fees maintenance, monitoring and other services, for the duration of the contract term.

n. Applicability of O&M savings. Any O&M cost savings related to maintenance and operation of the facilities will be rigorously reviewed and, if agreed to, will be limited to those that can be thoroughly documented and approved by the County.

o. Annual Reconciliation. Annual savings will be reconciled and verified each year as specified in the final contract.

p. Contract Term. No contract shall exceed 20 years in duration and is subject to annual appropriations.

q. Post-Contract Preventive Maintenance Schedule. Upon completion of the contract, the ESCO shall provide to County a single comprehensive schedule of necessary preventive maintenance for all installations.

r. Non-Appropriations Clause. The County may terminate this contract in the event appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the County under the contract. In the event of termination under this clause, the County shall provide a written notice of termination to the ESCO at least 60 days before completion of scheduled work for which funds are available. In the event of termination under this clause, the ESCO shall be paid for the work already performed in accordance with the contract specifications.

ATTACHMENT C

ESCO PROFILE FORM AND ESCO QUALIFICATIONS AND APPROACH TO PROJECT

WRITTEN SUBMITTAL INFORMATION

The responses to this Request for Qualifications will consist of an executive summary and five (5) specific information subject areas and an Appendix which must be completed and returned in the order indicated below with each section divided and tabbed with the appropriate section title. Appendix items can be submitted on a flash drive to reduce size and weight of the hard submission.

A. Experience

B. References and Track Record

C. Program Approach

D. Support & Savings Approach

E. Financial Strength & Value

Appendix

A-1 Sample Investment Grade Audit

A-2 Sample Commissioning Plan

A-3 Sample Energy Services Agreement (Performance Contracting Agreement)

A-4 Sample County Savings Report

A-5 Sample Measurement and Verification Plan

A-6 Financial Statements- 1 copy of this document is sufficient for submission.

Any additional information not specifically requested in this RFP must be put in a separate Appendix at the end of the response. Responses must be paginated and must include a table of contents.

• Failure to complete any question in whole or in part, or any deliberate attempt by the respondent to mislead the County, may be used as grounds to find the proposing ESCO ineligible.

• All submissions become the property of County and will not be returned to the ESCO.

• All costs associated with submission preparation will be borne by the submitting ESCO.

Submittal Instructions: Submit four (4) copies (only 1 copy of Financial Statements) to the following location:

Lumpkin County Board of Commissioners Attn: Ryan McDuffie, Purchasing Agent 99 Courthouse Hill, Suite D Dahlonega, GA 30533

Due Date: Submittal must be received at the above address no later than 2:00 PM on November 5, 2024.

For further information, please contact:

Ryan McDuffie, Purchasing Agent Ryan.mcduffie@lumpkincounty.gov mailto:Ryan.mcduffie@lumpkincounty.gov

E-VERIFY AFFIDAVIT

GEORGIA SECURITY & IMMIGRATION COMPLIANCE (GSIC) ACT

(CONTRACTOR) E-VERIFY AFFIDAVIT AND AGREEMENT

THE LUMPKIN COUNTY BOARD OF COMMISSIONERS AND CONTRACTOR AGREE THAT COMPLIANCE WITH THE REQUIREMENTS OF O.C.G.A. §13-10-91 AND RULE 300- 10-1-.02 OF THE RULES OF THE GEORGIA DEPARTMENT OF LABOR ARE CONDITIONS OF THIS AGREEMENT FOR THE PHYSICAL PERFORMANCE OF

SERVICES.

BY EXECUTING THIS AFFIDAVIT, THE UNDERSIGNED CONTRACTOR VERIFIES ITS COMPLIANCE WITH O.C.G.A. §13-10-91, STATING AFFIRMATIVELY THAT THE INDIVIDUAL, FIRM, OR CORPORATION WHICH IS CONTRACTING WITH THE LUMPKIN COUNTY BOARD OF COMMISSIONERS HAS REGISTERED WITH AND IS PARTICIPATING THE FEDERAL WORK AUTHORIZATION PROGRAM KNOWN AS “E- VERIFY”, WEB ADDRESS HTTPS://E-VERIFY.USCIS.GOV/ENROLL/ OPERATED BY THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES BUREAU OF THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY TO VERIFY INFORMATION OF NEWLY HIRED EMPLOYEES, PURSUANT TO THE IMMIGRATION REFORM AND CONTROL ACT OF 1986 (IRCA), P.L. 99-603], IN ACCORDANCE WITH THE APPLICABILITY PROVISIONS AND DEADLINES ESTABLISHED IN O.C.G.A. §13-10-91. THE UNDERSIGNED CONTRACTOR ALSO VERIFIES THAT HE/SHE/IT IS USING AND WILL CONTINUE TO USE THE FEDERAL WORK AUTHORIZATION PROGRAM THROUGHOUT THE CONTRACT PERIOD.

THE UNDERSIGNED CONTRACTOR AGREES THAT, SHOULD IT EMPLOY OR CONTRACT WITH ANY SUBCONTRACTOR(S) IN CONNECTION WITH THE PHYSICAL PERFORMANCE OF SERVICES PURSUANT TO THE CONTRACT WITH THE LUMPKIN COUNTY BOARD OF COMMISSIONERS, CONTRACTOR WILL SECURE FROM SUCH SUBCONTRACTOR(S) SIMILAR VERIFICATION OF COMPLIANCE WITH O.C.G.A. §13-10-91 ON THE SUBCONTRACTOR AFFIDAVIT PROVIDED IN RULE 300- 10-01-.08 OR A SUBSTANTIALLY SIMILAR FORM. CONTRACTOR FURTHER AGREES THE CONTRACTOR WILL ADVISE THE LUMPKIN COUNTY BOARD OF COMMISSIONERS OF THE HIRING A NEW SUBCONTRACTOR AND WILL PROVIDE LUMPKIN COUNTY BOARD OF COMMISSIONERS WITH A SUBCONTRACTOR AFFIDAVIT ATTESTING TO THE SUBCONTRACTOR’S NAME, ADDRESS, U S E R IDENTIFICATION NUMBER, AND DATE OF AUTHORIZATION TO USE THE FEDERAL WORK AUTHORIZATION PROGRAM WITHIN FIVE (5) DAYS OF THE HIRING BEFORE THE SUBCONTRACTOR BEGINS WORKING ON THE PROJECT. CONTRACTOR ALSO AGREES TO MAINTAIN ALL RECORDS OF SUCH COMPLIANCE FOR INSPECTION BY LUMPKIN COUNTY BOARD OF COMMISSIONERS AT ANY TIME AND TO PROVIDE A COPY OF EACH SUCH VERIFICATION TO THE LUMPKIN COUNTY BOARD OF COMMISSIONERS AT THE TIME THE SUBCONTRACTOR(S) IS RETAINED

TO PERFORM SUCH SERVICES.

E-VERIFY EMPLOYMENT ELIGIBILITY VERIFICATION USER IDENTIFICATION NUMBER

DATE OF AUTHORIZATION TO USE FEDERAL WORK AUTHORIZATION PROGRAM

NAME OF CONTRACTOR

TITLE OF AUTHORIZED OFFICER OR AGENT OF CONTRACTOR

SIGNATURE AND PRINTED NAME OF AUTHORIZED OFFICER OR AGENT

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF_ , 20

NOTARY PUBLIC

MY COMMISSION EXPIRES:

* AS OF THE EFFECTIVE DATE OF O.C.G.A. §13-10-91, THE APPLICABLE FEDERAL WORK AUTHORIZATION PROGRAM IS THE “EEV / BASIC PILOT PROGRAM” OPERATED BY THE U. S. CITIZENSHIP AND IMMIGRATION SERVICES BUREAU OF THE U.S. DEPARTMENT OF HOMELAND SECURITY, IN CONJUNCTION WITH THE SOCIAL SECURITY ADMINISTRATION

(SSA). AUTHORITY

O.C.G.A. SEC. §13-10-91. HISTORY: ORIGINAL RULE ENTITLED “CONTRACTOR AFFIDAVIT AND AGREEMENT” ADOPTED. F. MAY 25, 2007; EFF. JUNE 18, 2007, AS

SPECIFIED BY THE AGENCY.

ATTACHMENT D

PRIVATE EMPLOYER EXEMPTION AFFIDAVIT PURSUANT TO O.C.G.A. § 36-60-6(D)

BY EXECUTING THIS AFFIDAVIT, THE UNDERSIGNED PRIVATE EMPLOYER VERIFIES THAT IT IS

EXEMPT FROM COMPLIANCE WITH O.C.G.A. § 36-60-6, STATING AFFIRMATIVELY THAT THE

INDIVIDUAL, FIRM OR CORPORATION EMPLOYS FEWER THAN ELEVEN EMPLOYEES AND

THEREFORE, IS NOT REQUIRED TO REGISTER WITH AND/OR UTILIZE THE FEDERAL WORK

AUTHORIZATION PROGRAM COMMONLY KNOWN AS E-VERIFY, OR ANY SUBSEQUENT

REPLACEMENT PROGRAM, IN ACCORDANCE WITH THE APPLICABLE PROVISIONS AND

DEADLINES ESTABLISHED IN

O.C.G.A. § 13-10-90.

SIGNATURE OF EXEMPT PRIVATE EMPLOYER

PRINTED NAME OF EXEMPT PRIVATE EMPLOYER

I HEREBY DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.

EXECUTED ON

_, 20_ IN ___________________ (CITY), _

(STATE).

SIGNATURE OF AUTHORIZED OFFICER OR AGENT

PRINTED NAME AND TITLE OF AUTHORIZED OFFICER OR A G E N T

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF

________________________20________.

NOTARY PUBLIC

MY COMMISSION EXPIRES: _

ATTACHMENT E

ATTACHMENT F

NON-COLLUSIVE AFFIDAVIT

I, , certify that this proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid/proposal for the same services and is in all respects fair and without collusion or fraud. I understand that collusive bidding is a violation of state and Federal law and can result in fines, prison sentences, and civil damages awards.

I certify that I did not prevent or attempt to prevent competition in bidding or proposals by any means whatsoever. I did not prevent or endeavor to prevent anyone from making a bid or proposal by any means whatever. I did not, nor will I, cause or induce another to withdraw a bid or proposal for the work.

I have not directly or indirectly violated subsection (d) of O.C.G.A § 36-91-21, nor has any officer, representative, agent or other person acting on behalf of my company.

If this oath is false, the contract shall be void, and all sums paid by Lumpkin County on the contract may be recovered by appropriate action.

COMPANY NAME:

Authorized Representative (Signature) Date Authorized

Representative/Title

(Print or Type)

This affidavit is given this day of , 2024.

Sworn to and subscribed before me this day of , 2024.

Notary Public Commission Expires

THIS PAGE MUST BE COMPLETED AND SUBMITTED AS A PART OF YOUR PROPOSAL

EXECUTIVE SUMMARY

In two (2) pages or less, provide an Executive Summary highlighting the ESCO's unique qualifications and capabilities for this project.

A. EXPERIENCE

1. General Firm Information

FIRM’S NAME:

MAILING ADDRESS:

PHYSICAL ADDRESS:

CITY: STATE: ZIP:

COUNTY:

PHONE:

E-MAIL:

WEBSITE:

Names, Titles and Phone Number of two principal contact persons:

NAME TITLE PHONE

Submittal is for: [ ] Parent Company [ ] Division [ ] Subsidiary [ ] Branch Office

List any Division or Branch Offices that will participate materially in the development of the submission, and/or in the conduct of any services provided.

Name of Office: _______________________________________________________

Address: _____________________________________________________________

Name and Address of Parent Company (if applicable)

Name: _______________________________________________________________

Address: ______________________________________________________________

Former Name(s) of Firm (if applicable)

Name: _______________________________________________________________

Address: _____________________________________________________________

2. Date Prepared: _______________________________________________________

3. Type of Firm: [ ] Corporation [ ] Partnership [ ] Sole Ownership [ ] Joint Venture

4. Federal Employer Identification Number: _________________________________

5. Year Firm was Established: _____________________________________________

6. Please indicate if your firm is a recognized as a Minority Business Enterprise. [ ] Yes [ ] No

If yes, please indicate the appropriate category.

[ ] American Indian [ ] Female-Owned [ ] Spanish Surname [ ] Black [ ] Asian-American [ ] Other

7. Corporate Background / Historical Data

a. How many years has your firm been in business under its present business name?

b. Indicate all other names by which your organization has been known and the length of time known by each name.

c. Please identify all states in which your firm is legally qualified to do business.

d. How many years has your firm been involved in energy-related business?

e. List your firm’s pervious or current business association with Lumpkin County

8. Contract Experience

a. Five-year summary of contract values for Energy Services Agreements implemented and currently under contract with your firm. Please separate work related to school boards.

2019: $_____________ 2021: $_____________ 2023: $_____________

2020: $_____________ 2022: $_____________

b. Indicate the number of all Energy Services Agreements implemented by and currently under contract with your firm. Limit your response to ONLY those projects performed by the responding firm. Projects that team members contributed to while working at a different ESCO will not be considered. Projects with installed costs of less than $500,000.00 or single technology projects will not be considered (e.g., lighting only, controls only, etc.). ________________.

c. Estimate of total value for all Energy Services Agreements that are currently in repayment and under contract with your firm: $_________________ (total value) as of ____________________ date.

9. Certifications, Awards and Credentials

a. List of pertinent certifications, awards, and credentials

b. Provide proof of membership by the Department of Energy and National Association of Energy

Service Companies (NAESCO) accreditation.

10. Personnel information

a. Submit an organizational chart that clearly identifies the roles and relationships of all key team members.

b. Fill out the Project Staffing Plan using the format below, clearly delineating services provided in-house and outsourced.

c. Provide resumes for ONLY those PRIMARY team members (no more than 10 individuals) who will directly be working on this project. Ensure that resumes contain job title & responsibilities, number of years with firm, relevant experience & qualifications, and educational/technical background.

AREA OF RESPONSIBILITY NAME BREIF DESCRIPTION OF

RESPONSIBILITIES AND EXPERIENCE EMPLOYER

PROJECT DEVELOPMENT

ENERGY ENGINEERING

LIGHTING & ELECTRICAL ENGINEERING

MECHANICAL ENGINEERING

BUILDING AUTOMATION

OTHER

CONSTRUCTION MANAGEMENT

SAVINGS MEASUREMENT &

VERIFICATION

POST PROJECT SUPPORT SERVICES

FINANCING / REBATES / GRANTS

OTHER

B. REFERENCES AND TRACK RECORD

11. Project History

a. Briefly summarize your firm’s experience in delivering energy partnerships in Georgia and the ways in which your firm has impacted the state and market.

b. Provide information on at least five (5) performance contracts, in the Southeast, similar to the project proposed for Lumpkin County that the respondent has successfully implemented within the last ten years. Limit your response to ONLY those projects performed by the responding firm. Projects that team members contributed to while working at a different ESCO will not be considered. Projects with installed costs of less than $500,000.00 or single technology projects will not be considered (e.g., lighting only, controls only, etc.).

References shall include:

• Customer Name

• Name and Telephone Number of Contact

• Brief Description of the Project

• Project Beginning and Ending Dates

• Specific ECMs installed

• Project Cost and Savings

• Method of Measurement & Verification (M&V) for guaranteed savings

• Most recent project dollar savings report

12. Project Track Record

a. Please provide a complete list of projects that in the last 5 years have experienced a savings shortfall, include the amount of the shortfall and method in which it was remedied under your firm’s savings guarantee.

C. PROGRAM APPROACH

13. Overview of Program Approach

a. General discussion of your firm’s approach and experience in providing Energy Services Agreements, identifying key elements that distinguish your firm’s offering as it pertains to this project.

14. Project Understanding

a. Provide a general overview of the solutions and services your firm would explore for this project.

b. Explain why your company would be the best partner for the County.

15. Investment Grade Energy Audit

a. Please give a general description of your Investment Grade Audit Process

b. Please provide a sample Investment Grade Audit Report in the appendix

16. Construction Planning

a. Please describe your firm’s proposed approach to scheduling and completion of work required to implement a performance contract in the County’s facility(s).

b. Provide examples of situations where your firm has overcome challenges during the construction phase.

c. Please describe your firm’s approach to the selection of contractors and consultants

d. Does your company (parent company) manufacture equipment? What is your approach to installing equipment/products from another manufacturer? Does your company have stated goals to use your equipment or products in ESPC projects?

17. Project Commissioning

a. Please describe your firm’s approach to equipment commissioning. In the appendix, please provide a Sample Commissioning Plan from a completed performance contract implemented by your firm.

D. SUPPORT & SAVINGS GUARANTEE APPROACH

19. Training Provisions

a. Please describe your firm’s capabilities and proposed approach to provide technical training for the County's facility personnel.

20. Maintenance & Support Services

a. Please address how you would approach the role of the County’s personnel in performing maintenance on existing and new equipment.

b. Please discuss the offerings your company provides to support maintenance & operational needs.

c. What is the relationship of maintenance services to the savings guarantee, any required length of the maintenance agreement and what impact termination of maintenance, prior to the end of the contract term, would have on the savings guarantee.

21. Savings Guarantee Calculations

a. Please provide a copy of your firm’s savings guarantee language and where to locate in your Energy Services Agreement. Please include a copy of your firm’s Energy Services Agreement

b. Please describe your processes and approach to post-installation support services, training and measurement and verification services.

c. In the appendix, please attach a Sample County Savings Report from a completed energy performance-contracting project currently in repayment.

22. Energy Baseline Calculation Methodology and Measurement and Verification Plan

a. Describe the methods used to compute baseline energy use. Describe any computerized modeling programs used by your firm to establish baseline consumption. Please summarize procedures, formulas, and methodologies including any special metering or equipment your firm will use to measure and calculate energy savings for this project.

b. Describe the methods used to adjust the guaranteed level of savings from any material changes that occur due to factors such as weather occupancy, facility use changes, etc.

c. Describe your firm’s approach to utilizing stipulated savings. Indicate any operational cost savings opportunities and how such savings are to be identified, documented, and measured.

d. Describe your firm’s proposed approach to treatment of savings achieved during construction and how those savings will be documented and verified.

e. In the appendix, please provide a sample Measurement & Verification plan.

E. FINANCIAL STRENGTH & VALUE

23. Demonstrate Financial Soundness of ESCO

a. Please describe the financial strength of your company as it relates to its ability to deliver performance for a period of 15-20 years. Does your firm hold the guarantee, or is a 3rd party utilized?

b. In the appendix, please include a copy of your firm’s audited financial statements from the most recent year. (NOTE: Only one (1) copy of this is requested)

c. Please provide the name, address, and the telephone number of firm(s) that prepared Financial Statements.

d. Please provide proof of insurance showing the coverage and limits in place at the time of this RFP

e. Please provide evidence of bonding ability - Include your firm’s bonding references including company name, address, contact person, telephone number and information on your firm’s maximum bonding capability (i.e. Letter of Surety)

24. Demonstrate Reasonable Pricing Policies

a. Please describe the specific services your firm will be paid for over the contract term. Describe the method by which you will be paid for those services and how often payments will be made.

b. Describe your firm’s overhead and profit pricing policies for these types of projects.

c. Discuss your firm’s approach to change orders.

25. Provision of Financing

a. Please briefly describe the types of financing arrangements used by your firm for past performance contracting projects. Describe preferred approach to providing or arranging financing for this project including a description of the source of funds and the potential dollar amounts currently available to your firm to finance these types of projects. Please indicate what representative interest rates may be available, financing terms, and other variable economic factors associated with each method that you are aware of at the time of this submission.

b. Briefly describe your firm’s experience in implementing federally funded projects.

c. Briefly describe creative ideas your firm can provide that would improve the financial attractiveness of this project.

d. Briefly describe your ability to seek grants and utilize these to implement the process.

26. Value-Added Opportunities

a. The ESCO shall include in this section any additional offerings that you believe could assist Lumpkin County in meeting their goals. Additionally, describe why your firm is the best partner for Lumpkin County.

F. APPENDIX

A-1 Sample Investment Grade Audit A-2 Sample Commissioning Plan A-3 Sample Energy Services Agreement (Performance Contracting Agreement) A-4 Sample County Savings Report A-5 Sample Measurement and Verification Plan A-6 Audited Financial Statements- 1 copy of this document is sufficient for submission