Solar Canopy Land Lease RFP -Final 8-21-19.pdf

REQUEST FOR PROPOSALS

LAND LEASE FOR SOLAR PHOTOVOLTAIC CANOPIES ON MUNICIPAL

PARKING LOT

TOWN OF DARTMOUTH, MASSACHUSETTS

Awarding Authority

August 2019

Date of Issue: Tuesday, August 20, 2019

Proposal Submittal to the Town:

Contract Signed:

Table of Contents

SECTION I: DESCRIPTION AND BACKGROUND

INTRODUCTION

SCOPE

GENERAL CONDITIONS

RESPONSIBLITIES OF THE TOWN

RESPONSIBILITIES OF THE SELECTED PROPONENT

SECTION II: SCHEDULE

PROCESS AND SCHEDULE

FINAL INQUIRY DATE

SUBMITTAL FORMAT

PROPOSAL SUBMISSION DATE

SECTION III: REQUIRED SUBMITTAL

PROPOSAL SUBMITTALS

MINIMUM REQUIREMENTS

TECHNICAL SUBMITTAL

PRICE PROPOSAL

SECTION IV: IDEMNIFICATION AND INSURANCE REQUIREMENTS:

FINANCIAL INSURANCE FOR SYSTEM DECOMMISSIONING

MINIMUM SCOPE AND LIMITS OF INSURANCE

INSURANCE REQUIREMENTS – CONSTRUCTION PHASE

INSURANCE REQUIREMENTS – OPERATION PHASE

ADDITIONAL INSURANCE FOR OPERATION PHASE

SECTION V: OTHER REQUIREMENTS AND CONDITIONS

AMENDMENTS TO THE RFP

LEASE AGREEMENT

PERFORMANCE BOND AND INSURANCE

PERFROMANCE BOND SUBMITTAL REQUIREMENTS

PERMITS, APPROVAL AND SITE-SPECIFIC REQUIREMENTS

NON-DISCRIMINATION

PREVAILING WAGE

DISCLOSURE OF CONFIDENTIAL OR PROPRIETARY INFORMATION

INCURRED EXPENSES

REAL-TIME MONITORING

SITE AND PROJECT CONDITIONS

STATE AND FEDERAL REQUIREMENTS

The Selected Proponent must comply with all applicable local, state, and federal laws. . 15

SECTION VI: PROPOSAL EVALUATION AND NOTIFICATION OF RESULTS

EVALUATION OF PROPOSALS

TECHNICAL PROPOSAL EVALUATION

PRICE PROPOSAL EVALUATION

REVIEW TEAM

DISQUALIFICATION OF PROPONENT

SECTION VII: EXHIBITS

EXHIBIT A: REQUIRED FORMS

A-1: TAX COMPLIANCE CERTIFICATION

A-2: CERTIFICATE OF NON-COLLUSION

A-3: DISCLOSURE OF BENEFICIAL INTEREST IN REAL PROPERTY TRANSACTION

A-4: CONFLICT OF INTEREST STATEMENT

A-5: PROPONENT CONACT INFORMATION AND ACKNOWLEDGEMENT

A-6: PRICE PROPOSAL FORM – DARTMOUTH TOWN HALL MUNICIPAL PARKING LOT

EXHIBIT B: SITE MAPS AND INFORMATION

B-1 Town Hall Municipal Parking Lot

ADVERTISEMENT FOR BIDDERS

SOLAR CANOPY SYSTEMS ON MUNICIPAL PARKING LOTS

Awarding Authority: Town of Dartmouth

Date of Release: August 20, 2019

Contact Person: Cody Haddad

Email: chaddad@town.dartmouth.ma.us

Phone: 508-910-1813

Address: 400 Slocum Road, Dartmouth, MA 02747

SECTION I: DESCRIPTION AND BACKGROUND

INTRODUCTION

As part of the Town of Dartmouth’s (“Town”) commitment and efforts to promote renewable energy development in the community, the Town is seeking proposals to support on-site solar power generation in Dartmouth. The Town has identified the municipal parking lot (“the

Premises”) of the Dartmouth Town Hall for the installation of systems of solar photovoltaic parking canopies (“solar canopy system”).

The Town, acting through its Town Administrator, hereby issues this Request for Proposals

(“RFP”) to solicit proposals and evaluate competing offers from qualified renewable energy developers to lease Town-owned property in order to implement a solar canopy system with onsite electricity generation at the Town Hall Parking Lot, 400 Slocum Road, Dartmouth, MA 02747.

The Selected Proponent shall be responsible for designing, procuring, financing, installing, owning, insuring, operating, verifying, and maintaining all solar canopy systems. Electricity generated from the solar canopy system(s) will be delivered to a suitable grid interconnection point(s) and will not be utilized by the electric load of neighboring buildings or equipment on site.

The Town intends to select and enter into a property lease agreement pursuant to Chapter 30B, §

16 with the most highly qualified provider per the evaluation of proposals according to the criteria herein.

SCOPE

The minimum scope of the project is a solar canopy system at the parking lot behind Dartmouth

Town Hall/ Dartmouth Memorial Stadium.

Primary Location Dartmouth Town Hall

400 Slocum Road, Dartmouth, MA 02747

More information about the site can be found in Exhibit B: Site Map and Information.

Proponents should carefully review this information for additional design guidelines that may not be directly addressed in Section III: Required Submittal.

GENERAL CONDITIONS

Issuance of this RFP and receipt of proposals does not commit the Town of Dartmouth to move forward with an award or complete the project as described. The Town reserves the right to cancel this RFP, or reject in whole or in part any and all responses if the Town determines the cancellation of this project is in its best interest.

If after having been selected by the appointed Review Team and having completed final negotiations with the Town, the Proponent (“the Selected Proponent”) will enter into a lease agreement with the Town that shall be for no less than 20 years but no greater than

30 years and that shall be subject to the terms and conditions of this RFP.

Electricity generated from the project will be directly distributed to the grid. The Selected

Proponent will be responsible for the interconnection of the system(s) and any associated interconnection costs. The Selected Proponent will also retain any credits associated with the generation of electricity from the solar canopy system.

The Town shall not be responsible for any financial costs associated with the implementation of the solar canopy system(s) whether borne through the design, procurement, installation, maintenance, decommissioning, or any other activity directly involved with the solar canopy system(s).

RESPONSIBLITIES OF THE TOWN

As the owner of the Premises, the Town shall:

Facilitate the lease of the Premises located at the selected facilities.

Coordinate with the Selected Proponent to review, amend, and approve all proposed solar canopy systems and any modifications to the facility/facilities deemed necessary and regularly communicate, to the greatest extent feasible, with the Selected Proponent regarding the status of any applicable ongoing or planned projects at the facility/facilities.

Provide continuous access to the facility/facilities over the course of the lease agreement to the Selected Proponent and its subcontractors for the implementation and maintenance of the solar canopy system.

RESPONSIBILITIES OF THE SELECTED PROPONENT

In addition to the design and installation of the solar canopy system, the Selected Proponent shall be required to:

Determine the potential of the available site for the implementation of solar canopy systems as well as to identify and verify opportunities for the implementation of solar canopy systems at the Premises that conform to the requirements of this RFP.

Coordinate with the Town to facilitate the implementation of the solar canopy system that is deemed by the Town to be compatible with affected facilities.

Procure all necessary materials and equipment required for the installation and maintenance of the solar canopy system.

Provide construction documents and engineering calculations signed and sealed by a licensed architect or engineer; additionally, provide all designs and schematics showing the type and locations of all equipment.

Secure all permits and necessary approvals from federal, state, and local bodies and other entities that are required for the project.

Directly coordinate with the local utility company for interconnection of the solar canopy system to the grid in accordance with any interconnection agreements which may be negotiated by the Selected Proponent.

Maintain existing storm water controls located at the Premises.

Perform regular maintenance, prompt system repairs, and light/fixture replacement with minimal downtime (whether due to wear and tear, weather events, vandalism, etc.) over the entire term of the lease agreement.

Provide appropriate security and/or surveillance for the solar canopy system.

Provide safe clearance underneath the solar canopy system for access by emergency personnel and vehicles to perform snow and ice removal.

Pay any applicable taxes assessed against the solar canopy system.

Decommission the solar canopy system and return the site to its status prior to the construction of any such systems upon the expiration of the lease agreement.

Decommissioning responsibilities include, but are not limited to, the removal of: any perimeter fences, any concrete or steel foundations, the cutting of any steel piles at depth of at least three (3) feet below grade, removal of all metal structures (mounting, racks, and trackers), all PV modules, above ground and underground cables, transformers, inverters, fans, switch boxes, fixtures, and otherwise restoring the Premises to its original condition prior to lease commencement. The Town of Dartmouth, at its sole and absolute direction, reserves the right to waive the decommissioning requirement at the end of the lease term.

And all other responsibilities, as outlined in this RFP as well as in the executed lease agreement with the Town.

The final design package shall include documents confirming the following but not all responsibilities may be addressed in the proposal stage. Please reference Section III: Required

Submittal for more information about initial submission requirements for this RFP.

SECTION II: SCHEDULE

PROCESS AND SCHEDULE

The Town anticipates that it will use the following estimated schedule for processing this RFP:

Schedule:

Project Milestone Date/Time

Date of issue: August 20, 2019

Proposal Submittal to the Town: September 27, 2019

Notice of Intent to Award: October 25, 2019

Contract Signed: November 22, 2019

System Operation Date: July 2020

FINAL INQUIRY DATE

All questions and inquiries concerning this RFP should be submitted in writing no later than

September 4, 2019. Email is the preferred method of contact: please send questions or comments to Cody Haddad at chaddad@town.dartmouth.ma.us.

SUBMITTAL FORMAT

In addition to the Proposal Requirements stated within, the Proposal shall consist of the following:

- Minimum Requirements – SEALED ENVELOPE

- Technical Submittal – SEALED ENVELOPE

- Price Proposal – SEALED ENVELOPE

PROPOSAL SUBMISSION DATE

Proposals must be submitted to the Town of Dartmouth, Town Administrator’s Office, 400 Slocum

Road, Dartmouth, MA 02747, no later than 2:00 PM on September 27, 2019. Any proposal received after this date and time may be rejected without further consideration. The Town reserves the right to extend the due date should it be determined to be in its best interest.

SECTION III: REQUIRED SUBMITTAL

PROPOSAL SUBMITTALS

Each response to this RFP will be evaluated in accordance with M.G.L. Chapter 30B. Proposals will be made public. Proponent’s meeting the minimum requirements criteria outlined below will advance to the proposal evaluation process.

The Town may conduct such investigations as the Town considers necessary to assist in the evaluation of any proposal and to establish the responsibility, qualifications and financial ability of the Proponent. The Town shall be the sole judge of the Proponent’s qualifications and whether the proposal is in the best interests of the Town.

The Town will select the responsive and responsible Proponent with the most advantageous proposal, taking into consideration the Proponent’s Technical Submittal and Price Proposal.

mailto:chaddad@town.dartmouth.ma.us

MINIMUM REQUIREMENTS

Submit in Envelope I marked “Minimum Requirements”

The Proponent must meet Minimum Requirements in order for the Review Team to evaluate the

Technical Submittal and Price Proposal.

- Timely submission of the proposal

- Meeting all terms and conditions of the RFP

- Submission of a letter of transmittal signed by the individual authorized to negotiate for and to submit a proposal, and any related votes of the corporation or Board of

Directors as necessary proof of authorization

- Submittal of sealed envelopes for “Minimum Requirements”, “Technical Submittal”, and “Price Proposal”

- A brief list of similar projects that the proponent has worked on in the last five years.

Information should include the project name, project address, project description, and date of project completion

- Proof of valid business registration in the state in which its main office or headquarters is located as well as proof of business registration with the United States Internal

Revenue Service (Federal Employer Identification Number)

- Non-Collusion Certification

TECHNICAL SUBMITTAL

Submit in Envelope II marked “Technical Submittal”

The Proponent shall demonstrate their knowledge, ability, and capacity to complete the solar canopy and make regular lease payments to the Town. The Review Teams selected by the Town

Administrator shall evaluate Technical Proposals based on the following:

- Technical Approach and Schedule: The Proposal shall include an explanation of how the

Proponent will approach the various tasks, including scheduling, methods of construction, power supply, interconnection, and permitting.

- Project Qualifications and Experience: The Proponent shall clearly demonstrate full knowledge, understanding, experience in the methods, techniques and guidelines required for the permitting and installation of a solar canopy system. The Proponent must provide a detailed listing of experience as owner/operator of similar facilities in the last five years.

The list shall contain information on each project including the project name, project address, project description, installation date, contact name, contact title, and contact phone number. The Proponent must demonstrate their experience and capability to perform the work on schedule while being responsive to municipal and state permitting authorities. To summarize, the Proponent must demonstrate the following:

o Knowledge of solar canopy system design and construction o Experience in the completion of similar projects that do not impede existing onsite operations of the affected property o Ability to provide the necessary skills and expertise for project installation

- Personal Qualifications and Availability: Specialized experience is required of the proposed project personnel to undertake work assignments. Proposals must clearly demonstrate the capability, academic background, training, certifications and experience of the proposed personnel tasked with designing, installing, maintaining, and operating the proposed system of solar canopies.

o Proponents shall identify the use of sub-consultants including their specific experience if the sub-consultant is to be used in the design, installation, maintenance, or operation of the proposed system of solar canopies

- Financial Capacity: Each Proponent shall provide the following information regarding its financial history:

o Annual reports or other current audited financial data of the Proponent shall be submitted for the prior 3 years o The Selected Proponent must demonstrate its ability to obtain project financing

- Solar Canopy System Specifications: The Proponent shall provide information on the proposed equipment and system design including, but not limited to, solar panels, carport structures, and other system components that comprise the solar canopy system(s).

o The minimum height allowed under a solar canopy for access by vehicles or other equipment to park or plow snow is fifteen (15) feet.

o Solar canopy systems shall be supported by a raised-pier foundation or similar supports that will protect the system from damage caused by vehicle accidents.

o Solar canopies must be designed to withstand applicable wind loads given the coastal conditions, snow loads, and incorporate water, snow, and ice management.

o The project must maintain the existing number of parking spaces at the Premises and ensure that any installed solar canopy systems do not impose a negative impact on site operations. PV installation cannot reduce the number of spaces in a parking area.

o Proponents are encouraged to submit conceptual information on the planned design of the proposed solar infrastructure in their bid. The Review Team will give preference to Solar Canopy System designs that incorporate:

Galvanized steel canopy infrastructure (to prevent rust)

High-quality water management features (e.g. gutter system)

Dual-incline structures with high-quality snow management features, supported by trusses or similar structures to handle snow loads

Greater than fifteen (15) feet clearance underneath solar canopies

Fortified support columns, vehicle bumpers, or raised-pier foundations

Non-rusting/weatherproof paint

LED lighting fixtures o Proponents must also adhere to any applicable site-specific requirements addressed in Exhibit B: Site Maps and Information.

- System Design and Optimization:

o The Proposal shall indicate the location of the proposed canopy system and demonstrate how the system design addresses site constraints and mitigates potential conflicts with the existing or planned site operations. Documentation shall be included to illustrate the preliminary design of the system.

o The proposed solar canopy system must not negatively impact parking or traffic operations. The Selected Proponent will be required to provide evidence for the

Town to determine that its general maintenance costs will not increase due to the specified solar canopy system (e.g. snow removal, parking maintenance, drainage recommendations, etc.)

- Electrical Interconnection: The Proposal must include a description of the electrical interconnection strategy. This should include a layout of the electric path from the parking lot of the Dartmouth Town Hall to a delivery point; include single line electrical drawing(s) representing interconnection with a grid-tied electric distribution system. The Selected proponent will be responsible for obtaining a utility interconnection agreement as required.

- Long Term Maintenance and Operation Plans: The Selected Proponent shall submit a comprehensive maintenance and operations plan, which is subject to final approval by the

Town. All Proponents shall provide preliminary information regarding this plan in their responses to this RFP, which shall include but not be limited to the following:

o Structural, electrical, and lighting maintenance o Snow plowing/removal

This plan shall include a Protection Plan showing how the Solar Canopy

System will be protected from normal and customary snow removal procedures o Drainage for the solar canopy system o Premises modifications

This plan shall detail any major changes to the premises that must be made to accommodate installation of the solar canopy system o Traffic and parking

This plan shall include a detailed plan of traffic flow and parking relocation during and after construction o Decommissioning

This plan must provide for the complete decommissioning of the solar energy facility, recycling or disposing of solar panels and other equipment, and restoring the affected property to its original condition.

- Other Relevant Issues: The Town may evaluate the importance of other relevant issues presented by the Proponent.

PRICE PROPOSAL

Submit in Envelope III marked “Price Proposal”

All Price Proposals shall consist of annual payments to be made to the Town in the form of Annual

Lease Payments alongside Annual Personal Property Tax Agreement Payments. The Proponent shall specify an Annual Lease Payment to the Town each year of the lease term, except for the first year when said lease payment shall be due within 30 days of signing the property lease agreement.

Proponents shall enter this information on Forms A-6 and A-7 of Exhibit A: Required Forms for the applicable site.

The Proponent must provide a fixed price for a Solar Canopy System of optimal size at the proposed site, as determined by the Proponent, based on site suitability, generation potential, and deployable parking lot area that would not negatively impact site operations or total parking spaces.

Best Price Criteria: The “best” proposal price will be determined by the Proponent that provides the greatest total financial return to the Town over the length of the contract.

SECTION IV: IDEMNIFICATION AND INSURANCE REQUIREMENTS:

The Selected Proponent shall be required to indemnify the Town officers, employees and contractors against any claim for performance of the Selected Proponent's contractors' services contemplated by this RFP. The Selected Proponent shall assume all risk of and responsibility for, and agrees to indemnify, defend, and save harmless the Town, its officers and employees from and against any and all claims, demands, suits, actions, recoveries, judgments, costs and expenses in connection therewith, on account of the loss of life, property or injury or damage to the person, body or real property or tangible personal property of any person or persons whatsoever, which shall arise from or result directly or indirectly from the work and/or materials supplied under this

RFP and the resulting Property Lease Agreement.

FINANCIAL INSURANCE FOR SYSTEM DECOMMISSIONING

The Selected Proponent will be required to post financial assurance to cover the costs of removal of the solar panels, removal of all electrical connections and equipment, and the legal proper disposal of all equipment and waste. The calculations shall include all professional costs, labor costs, trucking costs, hauling and disposal costs, landscaping costs, and any other cost not mentioned but which is expected to be incurred.

MINIMUM SCOPE AND LIMITS OF INSURANCE

The Town shall be an insured on all policies. The Selected Proponent shall provide coverage with limits of liability not less than those stated below:

A. Commercial General Liability – Occurrence Form: Policy shall include bodily injury, property damage, and broad form contractual liability coverage.

General Aggregate: $3,000,000

Auto Liability: $1,000,000

Products – Completed Operations Aggregate: $1,000,000

Personal and Advertising Injury: $1,000,000

Each Occurrence: $1,000,000

B. Workers Compensation and Employer’s Liability: Workers' Compensation

Insurance as required by the state of Massachusetts.

Employers' Liability Insurance covering all of Selected Proponent’s employees working on or off the work site and acting within the scope of their employment as required by the state of Massachusetts.

C. Excess Umbrella Liability: Annual Aggregate: $5,000,000

D. Builders' Risk Insurance or Installation Floater: Shall be in an amount equal to the initial amount for the construction of the project. The Town and the Selected Proponent and subcontractors shall be “Insureds” on the policy. Coverage shall be written on an all risk, replacement cost basis and shall include coverage for soft costs. This policy shall be endorsed such that the insurance shall not be canceled or lapse because of any partial use or occupancy.

The policy must provide coverage from the time any covered property becomes the responsibility of the Selected Proponent, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site.

INSURANCE REQUIREMENTS – CONSTRUCTION PHASE

The Selected Proponent and subcontractors shall procure and maintain until all of their obligations have been discharged, including until any warranty periods under the Property Lease Agreement are satisfied and any insurance claims for injury to persons or damage to property which may arise from or in connection with the performance of the work by the Selected Proponent, its agents, representatives, employees, or subcontractors are dealt with.

INSURANCE REQUIREMENTS – OPERATION PHASE

The Selected Proponent and subcontractors shall procure and maintain until all of their obligations have been discharged, including until any warranty periods under the Property Lease Agreement are satisfied and any insurance claims for injury to persons or damage to property which may arise from or in connection with the performance of the work by the Selected Proponent, its agents, representatives, employees, or subcontractors are dealt with.

The insurance requirements herein are minimum requirements for the Property Lease and in no way limit the indemnity covenants contained in this RFP.

The Town in no way warrants that the minimum limits contained herein is sufficient to protect the Selected Proponent from liabilities that might arise out of the performance of the work under the Property Lease Agreement by the Selected Proponent, its agents, representatives, employees, or subcontractors. The Selected Proponent is free to purchase such additional insurance as may be determined necessary.

ADDITIONAL INSURANCE FOR OPERATION PHASE

All required forms of insurance listed above shall remain in effect and full force for the term of the Lease. In addition, the Selected Proponent shall procure and maintain the following insurance:

Property Insurance: Property insurance shall be written on an all risk, replacement cost coverage. The policy shall be in force at the time of substantial completion of the project’s construction and continue until the termination of the Property Lease Agreement.

SECTION V: OTHER REQUIREMENTS AND CONDITIONS

AMENDMENTS TO THE RFP

If changes are made to this RFP, an addendum will be issued and posted on the Town of

Dartmouth’s website (town.dartmouth.ma.us) and emailed to Proponents on record as having picked up the RFP.

LEASE AGREEMENT

If after negotiations a proponent is selected, the proponent will be required to execute a Property

Lease Agreement with the Town of Dartmouth. The Selected Proponent shall enter into a Property

Lease Agreement for a term of not less than 20 years but not more than 30 years, as determined through this RFP and resulting negotiations.

PERFORMANCE BOND AND INSURANCE

The Proponent will provide a certification from a Corporate Officer that the Proponent will meet the bond and insurance requirements outlined in this RFP and that any subcontractor utilized will meet the same insurance requirements.

PERFROMANCE BOND SUBMITTAL REQUIREMENTS

As part of the contract, the Selected Proponent will be required to provide a performance bond in the amount of 100% of the estimated contract value made payable to the Town of Dartmouth in the event the Selected Proponent is unable to procure a fully operational solar canopy system in accordance with the timelines agreed upon in the property lease agreement.

A separate bond in the amount of $75,000 per solar canopy system payable to the Town of

Dartmouth for the decommissioning of the solar canopy system phase shall be posted during the construction and will be kept.

PERMITS, APPROVAL AND SITE-SPECIFIC REQUIREMENTS

If required by law for the operation of the business or work related to this RFP, the Selected

Proponent and all sub-contractors must possess all valid certifications and/or licenses as required by federal, state, and local laws.

The Selected Proponent shall be responsible for obtaining all relevant approvals and permits associated with the project. These may include, but are not limited to, construction permits, electrical permits, and interconnection agreements with the local utility. All permits shall be submitted under the direction of a licensed professional engineer. The costs for these approvals, agreements and permits shall be borne by the Selected Proponent. The Selected proponent shall meet all applicable zoning, structural, electrical, and other state regulations in designing and constructing the solar canopy system. The Town will provide existing site-specific information, guidance, and support to the extent practical.

The Selected Proponent will be required to prepare a system maintenance plan for the solar canopy system, a snow plow maintenance plan, and a parking plan with any necessary modifications for the site. The Selected Proponent should demonstrate through these plans that the proposed solar canopy system will not result in any interference to the operations of the Dartmouth Town Hall or neighboring facilities. The Selected Proponent shall be responsible for the Operations &

Maintenance of the solar canopy system on the Premises for the term of the Property Lease

Agreement considering all local, state, and federal requirements for the leased property included, but not limited to, all site maintenance and any and all new requirements that may be imposed on the site during the term of the Property Lease Agreement. The Town requires the Selected

Proponent to handle all non-hazardous and hazardous materials and install the solar canopy system on parking lots in a manner that protects the Town’s property interests and in accordance with all applicable local, state, and federal requirements.

NON-DISCRIMINATION

The Proponent shall not discriminate against any person because of race, gender, age, disability, ancestry, religion, national origin, sexual preference, veteran status, or political affiliation or belief.

PREVAILING WAGE

It is believed that prevailing wage rates do not apply to this project under M.G.L. Chapter 30B because all construction, operation, and maintenance will be financed privately. However, the

Selected Proponent must comply with all applicable state and federal laws regarding procurement.

DISCLOSURE OF CONFIDENTIAL OR PROPRIETARY INFORMATION

Proponents must specifically identify those portions of their proposals, if any, which they believe contain confidential or proprietary information or trade secrets. They must provide justification why such materials should not be disclosed under a public records request, including the proper citations to the law supporting the exclusion from the mandatory disclosure under the Public

Records Law of Massachusetts, M.G.L. Chapter 66.

INCURRED EXPENSES

The Town is not responsible for any expenses that Proponents may incur in preparing and submitting proposals. All materials and documents submitted in response to this solicitation become the property of the Town and will not be returned.

REAL-TIME MONITORING

Web-based monitoring will be developed and maintained by the Proponent to display the benefits of the solar energy generating facility and to be a public education tool. The web site shall be linked to the Town of Dartmouth and available for public access through the Town’s web site. The monitoring will include instantaneous kW; daily kWh generation; kW and kWh output monthly;

and actual year-to-date and lifetime kWh.

SITE AND PROJECT CONDITIONS

Each Proponent shall become fully acquainted with conditions relating to the scope and performance of the work under the contract.

The Selected Proponent shall make a determination as to conditions and shall assume all development risk and responsibility and shall complete the work in and under conditions they may encounter or create in accordance with the timelines established without extra cost to the Town.

STATE AND FEDERAL REQUIREMENTS

The Selected Proponent must comply with all applicable local, state, and federal laws.

SECTION VI: PROPOSAL EVALUATION AND NOTIFICATION OF RESULTS

EVALUATION OF PROPOSALS

If the Proponent meets the Minimum Requirements outlined above, the evaluation of the Technical

Submittal and Price Proposal will be conducted by the Review Team selected by the Town

Administrator and will be based on the following criteria in addition to the completeness, clarity, and accuracy of responses provided in the Technical Proposal and Price Proposal. Proposals will be ranked according to the following criteria:

TECHNICAL PROPOSAL EVALUATION

I. Unacceptable: The Proposal addresses the criteria unsatisfactorily or not at all.

II. Not Advantageous: The Proposal addresses the criteria minimally.

III. Advantageous: The Proposal addresses the criteria effectively.

IV. Highly Advantageous: The Proposal addresses the criteria exceptionally.

A: Qualifications and Experience

The implementation of a solar canopy system at either site will require significant qualifications and experience. Proposals will be evaluated on the ability of the Proponent to demonstrate their specific qualifications and experience in the design, engineering, construction, interconnection, operation, and maintenance of commercial solar canopy systems. The Proponent should also demonstrate a firm understanding of applicable regulations and requirements of the local utility company, the federal, state, and local government, as well as any energy and environmental policies that may cause an impact, including, but not limited to, the Solar Massachusetts Renewable Target (SMART) Program.

B: Cooperation with the Town

Collaboration with the Town will be crucial to the successful implementation of a solar canopy system at either site. The Proponent should indicate their experience working with municipalities on relevant projects and demonstrate their ability to cooperate with the Town to ensure compatibility with the operations conducted at the selected site.

C: System Optimization

The implementation of a solar energy system shall not have a negative impact on the operations of the affected facilities. Proponents shall demonstrate how the proposed design of the solar canopy system optimizes the available space on the site given site constraints and operations.

Furthermore, proponents must demonstrate that the proposed system will not interfere with any existing facilities operations including, but not limited to, parking and snow plowing, as evidenced by a preliminary snow removal and parking plans. Responses will be evaluated according to the Proponent’s ability to demonstrate that the construction, operation, or maintenance will not impact municipal operations.

D: Equipment Specification

The Proponent shall utilize quality equipment that incorporates system elements described in

Section III regarding solar canopy system specifications, such as high-quality snow management features or integrated LED lighting, as part of the proposed design of the solar canopy system. Proposals will be evaluated according to the quality and features of the equipment proposed for the solar canopy system as well as whether this equipment includes system elements identified in Section III regarding solar canopy specifications.

PRICE PROPOSAL EVALUATION

It is expected that the installation of solar canopy systems should provide the Town with financial benefits at a low risk. The most advantageous proposal will be identified as the proposal that provides the greatest total annual lease payment to the Town of Dartmouth over the term of the lease agreement.

REVIEW TEAM

A Review Team selected by the Town Administrator will rank the proposals and will begin negotiations with the most advantageous proponent considering the evaluation criteria and the price proposal. That proponent will then have sixty (60) days from the date of the award to provide written confirmation of financing or the award will be withdrawn and given to the second most advantageous proponent. If need be, the process will be repeated for the third-ranked bid.

The lease agreement will be awarded to the Proponent offering the most advantageous proposal, taking into consideration all evaluation criteria, including, but not limited to, the completeness of

Proposal, the demonstrated experience of the Proponent, the quality and extensiveness of the solar canopy system, the proposed lease payments, and all other evaluation criteria indicated herein.

DISQUALIFICATION OF PROPONENT

Although not intended to be an exhaustive list of causes for disqualification, any one or more of the following causes, among others, may be considered sufficient for the disqualification of a

Proponent and the rejection of a bid:

a) Evidence of collusion among proponents

b) Questions of lack of competency revealed by either experience or financial statements

c) Default on previous contract for failure to perform

SECTION VII: EXHIBITS

EXHIBIT A: REQUIRED FORMS

Exhibit A-1: Tax Compliance Certification

Exhibit A-2: Certificate of Non-Collusion

Exhibit A-3: Disclosure of Beneficial Interest in Real Property Transaction

Exhibit A-4: Conflict of Interest Statement

Exhibit A-5: Proponent Contact Information and Acknowledgement

Exhibit A-6: Proposed Annual Lease Payment Form

EXHIBIT B: SITE MAPS AND INFORMATION

Exhibit B-1: Dartmouth Town Hall Municipal Parking Lot

EXHIBIT A: REQUIRED FORMS

All required forms found in Attachment A must be submitted in the envelope labeled “Minimum

Requirements”. Required forms must be included with the Proposal to be considered complete and to be eligible for the review and consideration by the Town of Dartmouth.

A-1: TAX COMPLIANCE CERTIFICATION

Pursuant to M.G.L. 62C, 49A, I certify under the penalties of perjury that, to the best of my knowledge and belief, I am in compliance with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

Federal Employer ID Number

Name of Corporation

President’s Signature

Treasurer’s Signature

Date

A-2: CERTIFICATE OF NON-COLLUSION

The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any person. As used in this certification, the “person” shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

Signature of Person Signing Bid or Proposal

Print Name

Title

Name of Organization/Business

Date

A-3: DISCLOSURE OF BENEFICIAL INTEREST IN REAL PROPERTY TRANSACTION

This form contains a disclosure of the names and addresses if all persons with a direct or indirect beneficial interest in the real estate transaction described below. This form must be filled with the Massachusetts

Division of Capital Planning and Operations as required by Massachusetts General Laws, Chapter 7, Section 40J, prior to the conveyance of or execution of a lease for the real property described below. Attach additional sheets if necessary.

1. Public Agency involved in this transaction: Town of Dartmouth

2. Complete legal description(s) of the property/properties:

3. Type of Transaction: _____ Sale ______ Lease or Rental for ______ (term)

4. Seller(s) or Lessor(s): Town of Dartmouth

5. Names and addresses of all persons who have or will have a direct or indirect beneficial interest in the real property described above. Note: if a corporation has or will have a direct or indirect beneficial interest in the real property/properties, the names of all stockholders must be listed except that, if stock of the corporation is listed for sale to the general public, the name of any person holding less than ten percent of the outstanding voting shares need not be disclosed.

Name: Address:

None of the persons listed in this section are officials elected to public office in the Commonwealth of

Massachusetts except as noted below:

Name: Address:

6. This section must be signed by the individual(s) or organization(s) entering into this real property transaction with the public agency named in item 1. If this form is signed on behalf of a corporation, it must be signed by a duly authorized officer of that corporation.

The undersigned acknowledges that any changes or additions to item 4 of this form during the term of any lease or rental will require the filing of a new disclosure following the change or addition.

The undersigned swears under the pains and penalties of perjury that this form is complete and accurate in all respects.

Printed Name: ___________________________________________

Signature: _______________________________________________

Title: ___________________________________________________

Date: ___________________________________________________

To be filed with: Division of Capital Planning and Operations

One Ashburton Place 15th Floor

Boston, MA 02108

A-4: CONFLICT OF INTEREST STATEMENT

1. This is to certify that no municipal employee of the Town of Dartmouth, nor any spouse, parent, child, brother or sister of such municipal employee, has any financial interest in the bidder on this proposal.

Titled: Dated:

Date: _________________ Signature:

Name:

Position:

2. I/We the undersigned or immediate family hereby certify that the following Town of Dartmouth employee or employees does not have a financial interest in the business, company, partnership or similar entity which is proposing on the contract:

Titled: _____________________________________ Dated:

Name of Employee(s):

Date: _________________ Signature:

Position:

3. Notarization required for either certification.

Sworn to before me this __________________ day of_____________, _______________.

(Notary Public)

4. If any principal of your entity and/or if any employee of your entity, who will work on this project, has ever been an employee of the Town of Dartmouth, list them below:

Town Department where worked:

Last Date of Employment with Town:

A-5: PROPONENT CONACT INFORMATION AND ACKNOWLEDGEMENT

Proponent Information

Name of Proponent:

Address:

Name of Primary Contact:

Title of Primary Contact:

Phone Number of Primary Contact:

Email Address of Primary Contact:

Acknowledgement

By signing this form, the Proponent attests that they have carefully examined all specifications, evaluation criteria, as well as terms and conditions set forth in this Request for Proposals (RFP).

They also certify that they have visited each applicable location and verify that there are no known obstacles to the implementation to the proposed solar canopy system(s) at all applicable locations.

Through their signature, the Proponent agrees to all terms and conditions specified in this RFP. By signing below, the Proponent also acknowledges that it is their responsibility to verify the accuracy of site conditions stated in this RFP.

Signature:

Date:

A-6: PRICE PROPOSAL FORM – DARTMOUTH TOWN HALL MUNICIPAL PARKING LOT

Assumed Completion Date of System Construction: July 2020

Proposed Annual Lease Payment Form

Fiscal Year Start Date End Date Proposed Lease Amount ($)

2021 7/1/2020 6/30/2021

2022 7/1/2021 6/30/2022

2023 7/1/2022 6/30/2023

2024 7/1/2023 6/30/2024

2025 7/1/2024 6/30/2025

2026 7/1/2025 6/30/2026

2027 7/1/2026 6/30/2027

2028 7/1/2027 6/30/2028

2029 7/1/2028 6/30/2029

2030 7/1/2029 6/30/2030

2031 7/1/2030 6/30/2031

2032 7/1/2031 6/30/2032

2033 7/1/2032 6/30/2033

2034 7/1/2033 6/30/2034

2035 7/1/2034 6/30/2035

2036 7/1/2035 6/30/2036

2037 7/1/2036 6/30/2037

2038 7/1/2037 6/30/2038

2039 7/1/2038 6/30/2039

2040 7/1/2039 6/30/2040

2041 7/1/2040 6/30/2041

2042 7/1/2041 6/30/2042

2043 7/1/2042 6/30/2043

2044 7/1/2043 6/30/2044

2045 7/1/2044 6/30/2045

2046 7/1/2045 6/30/2046

2047 7/1/2046 6/30/2047

2048 7/1/2047 6/30/2048

2049 7/1/2048 6/30/2049

2050 7/1/2049 6/30/2050

2051 7/1/2050 6/30/2051

EXHIBIT B: SITE MAPS AND INFORMATION

The following attachment provide information regarding the site eligible for a solar canopy system.

It is the responsibility of proponents to confirm site conditions for planning and design purposes.

B-1 Town Hall Municipal Parking Lot

Site Location:

The Dartmouth Town Hall Municipal Parking Lot is located behind the Dartmouth Town Hall at

400 Slocum Road, Dartmouth, MA 02747.

Site Overview:

The Dartmouth Town Hall Municipal Parking Lot will serve as a new source of parking for not only Town Hall, but also for the recently renovated Dartmouth Memorial Stadium.

Design Considerations & Requirements:

As stated in “Technical Submittal” Requirements of Section III of this RFP, the design of a solar canopy system must accommodate and not impede existing operations of the facility.

The Proponent must incorporate LED lighting as part of the proposed design.