Energy Performance Contracting Services for Jefferson County

JEFFERSON COUNTY PURCHASING DEPARTMENT Deborah L. Clark, Purchasing Agent 1149 Pearl Street, 1st Floor, Beaumont, TX 77701 409-835-8593 Fax 409-835-8456 June 4, 2018 Request for Statements of Qualification (RFQ 18-023/JW) Energy Performance Contracting Services for Jefferson County Dear Vendors: You are invited to submit a statement of qualifications in accordance with RFQ 18-023/JW, Energy Performance Contracting Services for Jefferson County. Jefferson County is requesting statements of qualifications from Energy Performance Contracting Services Companies. All interested individuals and firms should obtain a “Request for Qualifications” packet from the Jefferson County website at: http://www.co.jefferson.tx.us/Purchasing/main.htm All submittals shall be evaluated by a Review/Selection Committee. The Review/Selection Committee will evaluate submissions to this request and select the firm

most qualified, responsive, and experienced. Responses are to be sealed and addressed to the Purchasing Agent with the request for qualifications number and name marked on the outside of the envelope or box. All responses shall be submitted with an original and five (5) copies, to the Jefferson County Purchasing Department, 1149 Pearl Street, 1st Floor, Beaumont, Texas 77701, no later than 11:00 am CDT, Tuesday, July 10, 2018. Jefferson County does not accept responses submitted electronically. Responses will be publicly opened and the names of responding firms will be read aloud in the Jefferson County Engineering Department Conference Room located on the 5th floor of the Jefferson County Courthouse at the time and date below. Statements of Qualifications received after that time will be considered late and will be returned unopened. Inquiries shall be directed to Jamey West, Assistant Purchasing Agent at 409-835-8593 or jwest@co.jefferson.tx.us. REQUEST NAME: Energy Performance Contracting Services for Jefferson County REQUEST NO. : RFQ 18-023/JW DUE DATE/TIME: 11:00 am CDT, Tuesday, July 10, 2018 MAIL OR DELIVER TO: Jefferson County Purchasing Department 1149 Pearl Street, 1st Floor Beaumont, TX 77701 There will be a Pre-Proposal Meeting at 10:00 AM CDT on Wednesday, June 20, 2018 in the Jefferson County Engineering Department Conference Room located on the 5th floor of the Jefferson County Courthouse, 1149 Pearl Street, Beaumont, Texas 77701. Jefferson County encourages Disadvantaged Business Enterprises to participate in the qualifications submission process. Jefferson County does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or the provisions of services. Individuals requiring special accommodations are requested to contact our office at 409-835-8593 to make arrangements no later than seven (7) calendar days prior to the submittal deadline. Jefferson County reserves the right to accept or reject any or all proposals, to waive technicalities and to take whatever action is in the best interest of Jefferson County. We look forward to your active participation in this solicitation. Sincerely, Deborah L. Clark, Purchasing Agent Jefferson County, Texas Published: Beaumont Enterprise and Port Arthur News: June 6, 2018 & June 13, 2018 (RFQ 18-023/JW), Energy Performance Contracting Services for Jefferson County Page 1 of 18 Request for Statements of Qualification (RFQ 18-023/JW) Energy Performance Contracting Services ______________________________________________________________________________ Section 1. Introduction and Purpose A. Purpose The purpose of this RFQ is to find the most competent provider to partner with in addressing our deferred maintenance issues in all of our County owned and/or operated Facilities County-wide. B. Project Overview Repair, replace, upgrade or implement county-wide: lighting, DDC water conservation measures, water control systems, water and plumbing systems, DDC building automation systems, air-cooled DX A/C systems, heating systems conversations, chilled & hot water air handling units, central plant piping/plumbing, air-cooled chiller systems, centrifugal chillers, HVAC system retro-commissioning, walk-in cooler/freezers, envelope sealing, exterior door replacements, air curtains, drainage systems, AI phone systems and security cameras. Section 2. Pre-Proposal Meeting A. Pre-Proposal Meeting A pre-proposal meeting will be held on Wednesday, June 20, 2018 at 10:00 am CDT in the Jefferson County Engineering Conference Room located on the 5th floor of the Jefferson County Courthouse, 1149 Pearl Street, Beaumont, Texas 77701. Section 3. Proposal Preparation and Submission A. Questions Any questions regarding this Request for Qualifications shall be directed in writing to Jamey West, Assistant Purchasing Agent at 409-835-8593 or jwest@co.jefferson.tx.us, no later than 5:00 pm CDT, Friday, June 22, 2018. Information obtained from any other source is not official. Any bid clarification(s) resulting from inquiries and responses received will be recorded and distributed (via addendum) to all Pre-Proposal Meeting Attendees and posted on the Jefferson County Purchasing website at: http://www.co.jefferson.tx.us/Purchasing/main.htm B. Shortlist and Selection Committee Firms are encouraged to submit statements of qualifications and experience to the Jefferson County Purchasing Department. The Purchasing Agent will appoint a selection committee, which will evaluate responses and select, in order of preference, a short list of at least three firms. Responses will be ranked on the basis of demonstrated experience, competence, and qualifications. Fees, price, work hours, or any other cost information will not be considered in the development of the short list. Subsequent to the submission of responses, interviews and negotiations may be conducted with some of the respondents, but there shall be no obligation to receive further information, from any respondent. The shortlisted respondents may be asked to prepare a presentation and/or provide additional information prior to the final selection. Jefferson County will enter into negotiations with the highest qualified firm. The negotiations will first establish the scope, terms and conditions, and time limits for the proposed contract. Once agreement is reached between Jefferson County and the selected firm, the County will request a fee proposal from the firm. If agreement is reached, (RFQ 18-023/JW), Energy Performance Contracting Services for Jefferson County Page 2 of 18 the County will retain the firm and enter into a written contract with that firm. If an agreement cannot be negotiated with the selected firm, the County will then enter into negotiations with the next most qualified firm. This procedure will continue until agreement is reached and a contract is produced. If the County cannot negotiate an agreement, the procedure will be terminated. Because of the diversity of the departments and activities of the County, the Purchasing Agent will appoint the selection committee for this project. Typically, the committee will consist of at least one professional in the task required, a person knowledgeable about procurement practices, and either a representative of the department requesting the project, or the department executing the project. However, this structure is not binding. Other members may be appointed as necessary and appropriate, but the total number of persons on the selection committee shall not exceed four (4) persons. Committee appointments shall be in writing and shall briefly describe the scope of the project and, if necessary, the primary disciplines required to accomplish the project, in order to assist the committee in developing a list of firms that might best accomplish the work required. Section 4. Laws and Regulations The Energy Performance Contracting Services Company awarded services under this RFQ must comply with all laws, ordinances, and rules and regulations which govern the work specified in this contract. Section 5. Insurance The contractor (including any and all subcontractors as defined in Section 6.1.3 below) shall, at all times during the term of this contract, maintain insurance coverages with not less than the type and requirements shown below. Such insurance is to be provided at the sole cost of the contractor. These requirements do not establish limits of the contractor’s liability. All policies of insurance shall waive all rights of subrogation against the County, its officers, employees and agents. Contractor shall furnish Jefferson County with Certificate of Insurance naming Jefferson County as additional insured. All insurance must be written by an insurer licensed to conduct business in the State of Texas. Minimum Insurance Requirements: Public Liability, including Products & Completed Operations $1,000,000 Excess Liability $1,000,000 Property Insurance (policy below that is applicable to this project): Improvements & Betterments Policy: Improvements/Remodeling (for Lease Tenants) Builder’s Risk Policy: Structural Coverage for Construction Projects Installation Floater Policy: Improvements/Alterations to Existing Structure Workers’ Compensation Statutory Coverage (See Section 6 Below) Section 6. Workers’ Compensation Insurance 6.1 Definitions: 6.1.1 Certificate of coverage (“Certificate”) – A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement, DWC-81, DWC- 82, DWC-83, or DWC-84 showing statutory workers’ compensation insurance coverage for the person’s or entity’s employees providing services on a project, for the duration of the project. 6.1.2 Duration of the project – Includes the time from the beginning of the work on the project until the contractor’s/person’s work on the project has been completed and accepted by the governmental entity. 6.1.3 Persons providing services on the project (“subcontractor”) in article 406.096 – Includes all persons or entities performing all or part of the services under the contractor has undertaken (RFQ 18-023/JW), Energy Performance Contracting Services for Jefferson County Page 3 of 18 to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractor, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. “Services” includes, without limitation, providing, hauling or delivering equipment or materials, or providing labor, transportation, or other service related to a project. “Services” does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 6.2 The Contractor shall provide coverage, based on proper reporting of classification code and payroll amounts and filing any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 6.3 The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract – refer to Section 6 above. 6.4 If the coverage period shown on the Contractor’s current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 6.5 The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 6.5.1 A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 6.5.2 No later than seven (7) days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate ends during the duration of the project. 6.6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one (1) year thereafter. 6.7 The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 6.8 The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Department of Workers’ Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 6.9 The Contractor shall contractually require each person with whom it contracts to provide services on a project to: 6.9.1 Provide coverage, based on reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all its employees providing services on the project, for the duration of the project. 6.9.2 Provide to the Contractor, prior to that person beginning work on the project a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project. 6.9.3 Provide the Contractor, prior to the end of coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6.9.4 Obtain from each person with whom it contracts, and provide to the Contractor: 6.9.4.1 A certificate of coverage, prior to the other person beginning work on the project; and (RFQ 18-023/JW), Energy Performance Contracting Services for Jefferson County Page 4 of 18 6.9.4.2 the coverage period, if the coverage period shown on the current certificate of a new certificate of coverage showing extension of coverage, prior to the end of coverage ends during the duration of the project. 6.9.5 Retain all required certificates of coverage on file for the duration of the project and for one (1) year thereafter. 6.9.6 Notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 6.9.7 Contractually require each person with whom it contracts to perform as required by paragraphs 6.1. – 6.7., with the certificates of coverage to be provided to the person for whom they are providing services. 6.10 By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the contractor who will provide services of the project will be covered by workers’ compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission’s Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 6.11 The Contractor’s failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten (10) days after receipt of notice of breach from the governmental entity. (RFQ 18-023/JW), Energy Performance Contracting Services for Jefferson County Page 5 of 18 Section 7. Qualifications Format Firms desiring to be considered for Energy Performance Contracting Services for Jefferson County are required to submit a Statement of Qualifications and Experience in order to be considered for contracts under this procedure. Responses must be submitted in the format outlined in this section. Jefferson County reserves the right to eliminate from further consideration any response that is deemed to be substantially or materially unresponsive to the requests for information contained in this section. A. Executive Summary Responses shall include an abstract of no more than three pages on the information presented in the response and the contractor’s unique qualifications and services. B. Qualifications and Experience 1. Firm Profile  Firm name, corporate address and local address  Main contact person with full contact information  Years of experience in performance contracting  Number and value of performance contracts in effect  Number of performance contracts for municipal clients  Overview of the financial stability of the firm 2. Project Experience  Provide a minimum of five performance contracting references for projects of similar size, scope and complexity indicating your firm’s recent experience with local government clients. Each project description shall describe the services provided, project cost, savings amount, and contract term in a maximum of two pages. Projects where the responding firm was not the prime contractor are not acceptable. Emphasis should be placed on projects that were completed by the branch office and/or personnel proposed for this project. Client names with a contact person’s phone number and address shall be listed.  Provide an overview of the performance contracts your firm has implemented in the past three years, including client, project cost and guaranteed savings. 3. Ongoing Service and Maintenance Capabilities  State the location of your nearest servicing office and provide an overview of your firm’s capabilities for servicing the installed equipment, as well as procedures for handling emergencies. At least a four-hour response time is required.  Describe maintenance services provided by your firm, including a description of the service organization and personnel directly employed by your firm. Include a list of services provided and the ability to provide “truck-based services” for all related improvements. 4. Training  Describe your firm’s proposed approach to providing technical training for County personnel, noting training sites and methodologies. Include available programs for promoting energy awareness among the staff. 5. Bonding and Insurance  Provide the current bonding capacity; bond rating; and confirmation that firm is currently bondable for 100% of a payment bond for construction of this project and 100% of a performance bond for construction of this project. (RFQ 18-023/JW), Energy Performance Contracting Services for Jefferson County Page 6 of 18  Confirm that the respondent will provide general liability insurance with limits as described in this request for qualifications (Section 5: Insurance, Section 6: Workers’ Compensation Insurance), with Jefferson County named as an additional insured. Include a Certificate of Insurance in the Appendix. C. Project Management Approach 1. Organizational Chart. Provide an organizational chart that illustrates the structure of your team. Note all key personnel and sub-consultants. 2. Key Personnel Resumes. Include a one-page resume, highlighting education, licenses, experience on similar projects and any other pertinent information, for each key team member assigned to the project. 3. Overall Project Management Overview. Provide detailed information on the firm’s approach to managing the development and implementation of energy performance contracting projects to ensure the project is completed within the schedule. 4. Sub-consultant Management. Describe how your firm will select and work with subcontractors. D. Technical Approach 1. Performance Contracting Approach  Process Overview. Provide an overview of the process your firm uses to develop and implement performance contracts.  Baseline Calculation Methodology. Describe in detail the methodology your firm normally uses to compute the energy baselines of the various ECMs, as well as actual performance.  Adjustment to Baseline Methodology. Describe the method(s) used to adjust the energy, and O&M baseline due to such factors as weather and facility use changes. Describe factors that would necessitate adjustment.  Monitoring and Verification. Describe the methodology proposed for ongoing monitoring and savings verification, including the frequency of such efforts. Note if an industry standard such as the International Performance Measurement and Verification Protocol is used and describe the preferred option. Describe how the guarantee provisions work in the event that project results vary from projections. Also describe how excess savings can be documented. Third party guarantees are not acceptable.  Sample Contract. Include in the appendix the performance contracting contract your firm intends to use for this project.  Sample Audit. Include in the appendix an audit your firm completed for a similar project. (RFQ 18-023/JW), Energy Performance Contracting Services for Jefferson County Page 7 of 18 E. Financial Approach 1. Preferred Approach. Provide descriptions of the sources and types, and costs of financing available, as well as your firm’s preferred approach. Describe the mechanics of the financing arrangement, including equipment ownership, responsibilities/liabilities of each party, security interest and any special terms and conditions that may be associated with the financing this project. 2. Grants, Rebates and Incentives. Describe how your firm will maximize the use of grants, rebates and incentives. F. Additional Services Provide an overview of your firm’s additional energy efficiency related services. This section should not be more than five pages. Do not include marketing materials. G. Appendix Acknowledgement of Addenda Sample Contract Sample Audit Insurance Certificate Confidential/Proprietary Information: If any material in the Statement of Qualifications is considered by Respondent to be confidential or proprietary information (including manufacturing and/or design processes exclusive to the Respondent), Respondent must clearly mark the applicable pages of Respondent’s Statement of Qualifications to indicate each claim of confidentiality. Additionally, Respondent must include a statement on company letterhead identifying all Statement of Qualifications section(s) and page(s) that have been marked as confidential. Jefferson County will protect from public disclosure such portions of a Statement of Qualifications, unless directed otherwise by legal authority, including existing open records acts. Merely making a blanket claim that the entire Statement of Qualifications submission is protected from disclosure because it contains some proprietary information is not acceptable, and will make the entire Statement of Qualifications subject to release under the Texas Public Information Act. By submitting a Statement of Qualifications, Respondent agrees to reproduction by Jefferson County, without cost or liability, of any copyrighted portions of Respondent’s Statement of Qualifications submission or other information submitted by Respondent. (RFQ 18-023/JW), Energy Performance Contracting Services for Jefferson County Page 8 of 18 Section 8. Terms and Conditions 1. Jefferson County reserves the right to request clarification of information submitted and to request additional information of one or more respondents. 2. Any agreement or contract resulting from this RFQ shall be on forms approved by Jefferson County and shall contain, at minimum, applicable provisions of this document. Jefferson County reserves the right to reject any agreement that does not conform to this document and any County requirements and contracts. 3. The Energy Performance Contracting Services Company shall not assign any interest in the contract and shall not transfer any interest in the same without prior written consent of the County. 4. No reports, information, or data given to or prepared by the Energy Performance Contracting Services Company under contract shall be made available to any individual or organization by the Energy Performance Contracting Services Company without the prior written approval of the County. 5. Vendor Registration: SAM (System for Award Management). Vendors doing business with Jefferson County are required to be registered with The System for Award Management (SAM), with an “active” status. The System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities of CCR/FedReg, ORCA, and EPLS. There is NO fee to register for this site. Entities may register at no cost directly from the SAM website at: https://www.sam.gov Respondents are strongly encouraged to review their firm’s SAM (System for Award Management) status prior to Qualifications Submission. 6. Awarded Vendor(s): Submission of FORM 1295 (Texas Ethics Commission) In accordance with House Bill 1295 (passed January 1, 2016), Vendors entering into contracts and professional agreements with Jefferson County will be required to complete a Certificate of Interested Parties (FORM 1295). In 2017, the Texas legislature amended the law to require Form 1295 to include an “unsworn declaration” which includes, among other things, the date of birth and address of the authorized representative signing the form. The unsworn declaration, including the date of birth and address of the signatory, replaces the notary requirement that applied to contracts entered into before January 1, 2018. The TEC filing application does not capture the date of birth or street address of the signatory and it will not appear on forms that are filed using the TEC filing application. Upon entering into a contract or professional agreement, the Jefferson County Purchasing Department will submit a request to the Vendor to both: 1. Submit a FORM 1295 online via the Texas Ethics Commission website link below. Vendors must enter the required information on Form 1295, and print a copy of the completed form. The form will include a certification of filing that will contain a unique certification number. 2. Submit a FORM 1295 hard copy (completed & signed by an Authorized Agent of the Awarded Vendor), to the Jefferson County Purchasing Department. FORM 1295, Completion Instructions, and Login Instructions are available via the Texas Ethics Commission Website at: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm (RFQ 18-023/JW), Energy Performance Contracting Services for Jefferson County Page 9 of 18 7. Minority-Women Business Enterprise Participation It is the desire of Jefferson County to increase the participation of Minority (MBE) and women-owned (WBE) businesses in its contracting and procurement programs. While the County does not have any preference or set aside programs in place, it is committed to a policy of equitable participation for these firms. 8. Federal Emergency Management Agency (FEMA) Mandated Contract Clauses If applicable to the work and services being performed by CONTRACTOR under the parties’ AGREEMENT, the following provisions are adopted and form part of this AGREEMENT: (A) DAMAGES, 2 CFR §200.326 Appendix II to Part 200 (A) (1) All work to be performed under this AGREEMENT shall be timely commenced. A breach of this AGREEMENT by Contractor would cause substantial delay in the completion of the required services affecting the safety and welfare of the public. (2) In the event of Contractor’s breach of its performance obligations, County shall have all rights and remedies against Contractor as provided by law. (B) TERMINATION RIGHTS, 2 CFR §200.326 Appendix II to Part 200 (B) Termination for Convenience: Whenever the interests of the County so require, County may terminate the parties’ Agreement, in whole or in part, for the convenience of the County. County shall give Contractor thirty (30) days prior written notice of termination specifying the portions of the Agreement to be terminated and when such termination will become effective. If only portions of the parties’ agreement are terminated, Contractor has the right to withdraw from the parties’ Agreement, without adverse action or claims. In the event of a termination for convenience by County, Contractor shall be entitled to payment for all work and services performed by it up to the effective date of such termination. Termination for Cause: The County may, by written notice of default to Contractor, terminate the parties’ Agreement, in whole or in part, if the Contractor fails to satisfactorily perform any provisions of the parties’ agreement after a period of ten (10) following Contractor’s receipt of a Notice of Deficiency provided by County. (C) EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (2 CFR §200.326 Appendix II to Part 200 (C)) If applicable to the work and services performed by CONTRACTOR under the AGREEMENT, during the performance of the AGREEMENT, CONTRACTOR shall comply with the Equal Employment Opportunity Clause (41 CFR 60-1.4(b)): (1) CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. AGREEMENTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice to be provided advising the said labor union or workers’ representatives of the CONTRACTOR’S commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (RFQ 18-023/JW), Energy Performance Contracting Services for Jefferson County Page 10 of 18 (4) CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor for purpose of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the CONTRACTOR’S noncompliance with the nondiscrimination clauses of this AGREEMENT or with any of the said rules, regulations or orders, this AGREEMENT may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of subparagraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or contractor. CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: provided, however, that in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or contractor as a result of such direction by the administering agency the CONTRACTOR may request the United States to enter into such litigation to protect the interest of the United States. D. DAVIS-BACON ACT AND COPELAND “ANTI-KICKBACK” ACT, 2 CFR §200.326 Appen. II to Part 200 (D) If applicable to the work and services performed by CONTRACTOR under the parties’ AGREEMENT: (1) Bacon-Davis Act: Applicable to construction or repair of public buildings or public works. see FEMA Public Assistance Program and Policy Guide, Ch.2(V)(G)(2), page 32 (FP 104-009-2/January 2016); (2) Copeland “Anti-Kickback” Act: In contracts subject to the Davis-Bacon Act, CONTRACTOR shall comply with the Copeland “Anti-Kickback” Act (40 U.S.C. §3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that the contractor and subcontractor must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The GOVERNMENT must report all suspected or reported violations to the appropriate Federal agency. If applicable to the work and services performed by CONTRACTOR under the parties’ AGREEMENT: (a) CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this AGREEMENT. (b) CONTRACTOR or subcontractor shall insert in any subcontract the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier subcontract with all of these contract clauses. (c) A breach of the AGREEMENT clause above may be grounds for termination of the AGREEMENT, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12. (RFQ 18-023/JW), Energy Performance Contracting Services for Jefferson County Page 11 of 18 E. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, 2 CFR §200.326 Appendix II to Part 200 (E) (40 U.S.C. 3701-3708) Contracts in excess of $100,000 that involve the employment of mechanics or laborers shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor and its subcontractors shall compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-halftimes the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation: liability for unpaid wages: liquidated damages. In the event of any violation of the clause set forth in paragraph (I) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (I) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (I) of this section. (3) Withholding for unpaid wages and liquidated damages. The GOVERNMENT shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) The contractor and subcontractor shall insert in any subcontract the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. F. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT, 2 CFR §200.326 Appendix II to Part 200 (F) If applicable to the work and services performed by CONTRACTOR under the parties’ AGREEMENT and if the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the GOVERNMENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the GOVERNMENT must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business.” G. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT, 2 CFR §200.326 Appendix II to Part 200 (G) CONTRACTOR shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). CONTRACTOR shall include the foregoing requirements in each subcontract exceeding $100,000. (RFQ 18-023/JW), Energy Performance Contracting Services for Jefferson County Page 12 of 18 H. ENERGY EFFICIENCY AND CONSERVATION, 2 CFR §200.326 Appendix II to Part 200 (H) If applicable to the work and services performed by CONTRACTOR under the parties’ AGREEMENT, CONTRACTOR shall comply with the mandatory standards and policies of the state regulation promulgated in accordance with the Energy Policy and Conservation Act (42 U.S.C. § 6201). I. DEBARMENT AND SUSPENSION, 2 CFR §200.326 Appendix II to Part 200 (I) (1) This AGREEMENT is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the CONTRACTOR is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by GOVERNMENT. If it is later determined that the CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to GOVERNMENT, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The CONTRACTOR agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C AGREEMENT is valid and throughout the period of performance. The CONTRACTOR further agrees to include a provision requiring such compliance in its lower tier covered transactions. J. BYRD ANTI-LOBBYING AMENDMENT, 2 CFR §200.326 Appendix II to Part 200 (J) CONTRACTOR must file with the GOVERNMENT the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. If not provided with the bid response, CONTRACTOR must complete and submit the Certification Regarding Lobbying Form. K. PROCUREMENT OF RECOVERED MATERIALS, 2 CFR §200.326 Appendix II to Part 200 (K) and 2 CFR §200.322) (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired- (a) Competitively within a timeframe providing for compliance with the contract performance schedule; (b) Meeting contract performance requirements; or (c) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA-designate items is available at http://www.epa.gov/cpg/products/htm. L. AGREEMENTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (2 CFR §200.321) Should the CONTRACTOR subcontract any of the work under this AGREEMENT, CONTRACTOR shall take the following affirmative steps: place qualified small and minority businesses and women's business enterprises on solicitation lists; assure that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; establish delivery schedules, where the requirement permits, which encourage participation by small and minority (RFQ 18-023/JW), Energy Performance Contracting Services for Jefferson County Page 13 of 18 businesses, and women's business enterprises; and use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. M. ACCESS TO RECORDS (1) CONTRACTOR agrees to provide GOVERNMENT, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives’ access to any books, documents, papers, and records of the Contractor which are directly pertinent to this AGREEMENT for the purposes of making audits, examinations, excerpts, and transcriptions. (2) CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) CONTRACTOR agrees to provide the FEMA Administrator or his authorized representatives’ access to construction or other work sites pertaining to the work being completed under the contract. N. SEAL, LOGO AND FLAGS CONTRACTOR shall not use the U.S. Department of Homeland Security’s seal(s), logos, crests, or reproductions of flags or likenesses of the U.S. Department of Homeland Security’s agency officials without specific FEMA preapproval. O. COMPLIANCE WITH FEDERAL LAW, REGULATIONS AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will be used to fund the AGREEMENT only. CONTRACTOR will comply will all federal law, regulations, executive orders, FEMA policies, procedures, and directives. P. NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this AGREEMENT and is not subject to any obligations or liabilities to GOVERNMENT, CONTRACTOR, or any other party pertaining to any matter resulting from the contract. Q. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONTRACTOR'S actions pertaining to this contract. (RFQ 18-023/JW), Energy Performance Contracting Services for Jefferson County Page 14 of 18 Section 9. Qualifications Evaluation Criteria The appointed Selection Committee will consider the following criteria in evaluating responses: Qualifications and Experience 35 points Project Management Approach 20 points Technical Approach 25 points Financial Approach 15 points Additional Services 5 points Section 10. Submission Requirements Respondents are responsible for submitting: ■ One (1) original response copy to include a completed copy of this specifications packet, in its entirety. ■ Five (5) numbered response copies to include at a minimum all pages requiring completion and/or marked with instructions to be returned with response submission and any other documentation requested within these specifications. Additionally, Respondent must monitor the Jefferson County Purchasing Department Website (below) to see if addenda or additional instructions have been posted. Failure to return all required forms could result in a response being declared as non-responsive. http://www.co.jefferson.tx.us/purchasing/main.htm Please direct questions no later than 5:00 pm CDT, Friday, June 22, 2018 to Jamey West, Assistant Purchasing Agent at 409-835-8593 or e-mail at: jwest@co.jefferson.tx.us Responses shall be mailed or delivered to: Jefferson County Purchasing Department 1149 Pearl Street, 1st Floor Beaumont, TX 77701 All submissions must be received by 11:00 am CDT, Tuesday, July 10, 2018. Jefferson County will not accept any submissions received after the stated time and date, and shall return such submissions unopened to the Respondent. Jefferson County will not accept any responsibility for submissions being delivered by third party carriers. Submissions shall be tightly sealed in an opaque envelope or box and plainly marked with the RFQ Number, RFQ Name, RFQ Due Date, and the Respondent’s Name and Address; and shall be addressed to the Purchasing Agent. The County requests that response submissions NOT be bound by staples or glued spines. Submissions will be opened publicly in a manner to avoid public disclosure of contents/however only the names of Respondents will be read aloud. Courthouse Security: Respondents are advised that all visitors to the Courthouse must pass through Security. Respondents planning to hand deliver Statements for Qualifications must allow time to get through Security, as a delay in entering the Courthouse will not be accepted as an excuse for late submittal. Mondays and Tuesdays are particularly heavy days. Respondents are strongly urged to plan accordingly. (RFQ 18-023/JW), Energy Performance Contracting Services for Jefferson County Page 15 of 18 County Holidays – 2018: January 1 Monday New Year’s January 15 Monday Martin Luther King, Jr. Day February 19 Monday President’s Day March 30 Friday Good Friday May 28 Monday Memorial Day July 4 Wednesday Independence Day September 3 Monday Labor Day November 12 Monday Veteran’s Day November 22 & 23 Thursday & Friday Thanksgiving December 24 & 25 Monday & Tuesday Christmas January 1, 2019 Tuesday New Year’s Submissions During Time of Inclement Weather, Disaster, or Emergency: In case of inclement weather or any other unforeseen event causing the County to close for business on the date of a bid/proposal/statement of qualifications submission deadline, the bid closing will automatically be postponed until the next business day that County offices are open to the public. Should inclement weather conditions or any other unforeseen event cause delays in courier service operations, the County may issue an addendum to all known vendors interested in the project to extend the deadline. It will be the responsibility of the vendor to notify the county of their interest in the project should these conditions impact their ability to submit a bid/proposal/statement of qualifications submission before the stated deadline. The County reserves the right to make the final judgement call to extend any deadline. Should an emergency or unanticipated event interrupt normal County processes, and bid/proposal/statement of qualifications submissions cannot be received by the Jefferson County Purchasing Department’s office by the exact time specified in the RFQ and urgent County requirements preclude amendment to the RFQ, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation on the first business day on which normal County processes resume. Tentative Schedule of Events: June 4, 2018 Issuance of Request for Qualifications June 20, 2018 Pre-Proposal Conference July 10, 2018 Deadline Submission (late responses will not be considered) July 11-13, 2018 Responses distributed to Evaluation Committee Week of July 16, 2018 Evaluation Committee Convenes to Tabulate Scoring and Determines Short List Week of July 23, 2018 Conduct Interview/Best and Final Offer/Short List July 30, 2018 Recommendation for Award Please note: The above schedule of events is tentative in nature. Dates listed are subject to change. (RFQ 18-023/JW), Energy Performance Contracting Services for Jefferson County Page 16 of 18 Vendor References Please list at least three (3) companies or governmental agencies (preferably a municipality) where the same or similar products and/or services as contained in this specification package were recently provided. THIS FORM MUST BE RETURNED WITH YOUR OFFER. REFERENCE ONE Government/Company Name: Address: Contact Person and Title: Phone: Fax: Email Address: Contract Period: Scope of Work: REFERENCE TWO Government/Company Name: Address: Contact Person and Title: Phone: Fax: Email Address: Contract Period: Scope of Work: REFERENCE THREE Government/Company Name: Address: Contact Person and Title: Phone: Fax: Email Address: Contract Period: Scope of Work: Respondent Shall Return Completed Form with Offer. (RFQ 18-023/JW), Energy Performance Contracting Services for Jefferson County Page 17 of 18 Signature Page By submitting a response to this solicitation, the undersigned certifies that at the time of submission, he/she is not on the Federal Government’s list of suspended, ineligible, or debarred contractors. In the event of placement on the list between the time of bid/proposal/qualifications submission and time of award, the undersigned will notify the Jefferson County Purchasing Agent. Failure to do so may result in terminating a contract for default. The undersigned affirms that they are duly authorized to execute the contract, that this company, corporation, firm, partnership or individual has not prepared this Statement of Qualifications in collusion with any other Respondent, and that the contents of this Statement of Qualifications as to prices, terms or conditions of said Statement of Qualifications have not been communicated by the undersigned nor by any employee or agent to any other Respondent or to any other person(s) engaged in this type of business prior to the official opening of this Statement of Qualifications. And further, that neither the Respondent nor their employees nor agents have been for the past six (6) months directly nor indirectly concerned in any pool or agreement or combination to control the price of goods or services on, nor to influence any person to submit a Statement of Qualifications or not to submit a Statement of Qualifications thereon. Respondent (Entity Name) Signature Street & Mailing Address Print Name City, State & Zip Date Signed Telephone Number Fax Number E-mail Address Respondent Shall Return Completed Form with Offer. (RFQ 18-023/JW), Energy Performance Contracting Services for Jefferson County Page 18 of 18 Respondent’s Certification I have carefully examined the Request for Statements of Qualifications, Scope of Services Background, and any other documents accompanying or made a part of this Request for Qualifications. I hereby propose to furnish the goods or services specified in the Request for Qualifications. I agree that my proposal will remain firm for a period of up to 120 days in order to allow the County adequate time to evaluate the qualifications submitted. I verify that all information contained in this proposal is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this proposal on behalf of the firm as its act and deed and that the firm is ready, willing and able to perform if awarded the contract. I further certify, under oath, that this proposal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a proposal for the same product or service: no officer, employee or agent of Jefferson County or any other Respondent is interested in said proposal: and that the undersigned executed this Respondent's Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so. NAME OF BUSINESS BY: SIGNATURE NAME & TITLE, TYPED OR PRINTED MAILING ADDRESS CITY, STATE, ZIP CODE ( ) TELEPHONE NUMBER Sworn to and subscribed before me this day of , 2018 Notary Public State of My Commission Expires: Respondent Shall Return Completed Form with Offer.