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Fuel NY - Permanent Generator Initiative Program Opportunity Notice (PON) 3256 $ 12,000,000 available Applications accepted through 9/15/2016 by 5:00 PM Eastern Time INITIATIVE SUMMARY The New York State Energy Research and Development Authority (NYSERDA) is seeking applications for the Permanent Generator Initiative (Initiative). Eligible applicants can apply for a project grant to offset the implementation costs associated with the electrical modifications and installation of permanently affixed generators at the most highly strategic retail gasoline stations (gas stations) in the downstate region. GRANT AMOUNTS The Initiative will offset up to 100% of a competitively selected gas station s cost of purchasing and installing a permanent emergency generator. CONTACT INFORMATION Program questions should be directed to: Mark Decker 866-NYSERDA x3494, Mark.Decker@nyserda.ny.gov Contractual questions should be directed to: Venice Forbes 866-NYSERDA x3507, Venice.Forbes@nyserda.ny.gov. Application assistance is available at the Fuel NY hotline. Applicants are encouraged to contact the hotline for support at: Phone: Toll free 855-323-3030 Email: GeneratorGrants@arcadis.com APPLICATION SUBMISSION Applications are accepted only online here.* For assistance, please call 855-323-3030. *Incomplete or inaccurate applications will not be accepted. Application must be completed and submitted online. Hard copies mailed or faxed will not be accepted. If changes are made to this solicitation, a notification will be posted on NYSERDA s website at www.nyserda.ny.gov 1

INTRODUCTION Many gas stations in the downstate area lost electric power as a result of damage caused by Superstorm Sandy. This loss of power contributed to widespread disruptions in the gasoline supply that impacted public safety and well-being as well as economic activity in the downstate region. NYSERDA will provide grants to offset the cost of installing permanently-affixed generators at highly strategic gas stations in the downstate region. The installation of permanent generators at strategic gas stations allow these locations to provide service to their community and first responders during a power outage whether the cause was a localized event or a widespread disaster. AVAILABLE FUNDS Up to $12,000,000 in funds are available. The funding for this Initiative will be from a grant from the Federal Emergency Management Agency (FEMA), Hazard Mitigation Grant Program (HMGP). NYSERDA reserves the right to add funding to the solicitation should other program funding sources become available. NYSERDA reserves the right to extend the program deadline. APPLICANT ELIGIBILITY REQUIREMENTS Eligible gas stations are located in the downstate region, comprised of Nassau, Suffolk, Rockland, Westchester, Bronx, Kings, Queens, Richmond, and New York Counties; and meet the following criteria: Located outside of the 500-year floodplain o Refer to http://nysandyhelp.ny.gov/fuel-ny to review the 500-yearflood plain limits relative to your station. Have a minimum of 4 dispensers. o A dispenser can serve 2 vehicles simultaneously. One vehicle on the front side and one vehicle on the back side. At a minimum, the permanent generator must be of sufficient capacity to provide power to operate all dispensers and dispensing equipment, life safety systems, environmental monitoring systems, payment-acceptance equipment, and other systems necessary to ensure that such gas stations can continue safe fuel sales and dispensing operations during an electricity outage. Applicants are encouraged to include additional systems such as convenience store electrical loads in the sizing of the electrical upgrades. Eligible gas stations, with a minimum 4 dispensing units, and outside the 500-year floodplain, that installed permanently affixed generators through contracts in the Fuel NY Gas Station Back-Up Power Program (PON 2758), do not need to re-apply. NYSERDA will consider the gas station for further reimbursement, if the cost to install the permanently-affixed generator exceeded the previous $13,000 incentive limit offered through PON 2758. Applicants must be the property owner or franchisee of a gas station, or applicant will need to demonstrate they have received authorization from the property owner to make changes to the building. GRANT SELECTION The goal of the Initiative selection process is to identify the most strategically located gas stations that are capable of servicing the largest number of customers with motor fuel and additional services to support community disaster recovery efforts. In order to determine which gas stations will receive grants for permanent generators, gas stations will be selected based on the following: 2

Services offered, including fuel types, whether the gas station is also a convenience store, etc. Fuel capacity including number and size of dispensers and fuel storage Accessibility including proximity to major highways and area traffic patterns Type of clientele such as first responders, local and state emergency officials, etc. Project Cost, including cost per kw and cost optimization (See Attachment A: Scoring and Evaluation Guide for details) Gas stations will be ranked by a Scoring Committee comprised of external experts and NYSERDA staff. Applicants that are not selected in their initial round will be eligible for consideration in future rounds, without having to re-apply. NYSERDA may consider the following program policy factors in making award selection decisions: The degree to which there is diversity in geographic location to best achieve the overall goals and objectives of the Fuel NY Program. The degree to which the proposed project optimizes the use of available funding. The award selection process contains multiple phases including an initial eligibility review, ranking by a Scoring Committee, and consideration of program policy factors and the amount of funds available. GRANT AMOUNTS Installation of transfer switch and permanent generator Up to 100% of project cost* * Cost sharing is not required. Applicants who propose 90% funding can improve their cost scoring in the selection process. Applicants are not authorized to start work until an award notification is received from NYSERDA. SCOPE OF SELECTED GAS STATION PROJECTS Selected projects must: Install a permanently affixed generator as well as any associated necessary electrical or other modifications, including a transfer switch if needed, at the gas station. Maintain the generator to ensure operation over the generator s lifetime. PARTICIPATION The following describes the process that will be followed by all parties for Initiative participation: 1. Applicant must complete the Application Form available here. a. Incomplete or inaccurate applications will not be accepted. b. A complete project price quote with a breakdown of costs is required. Refer to Attachment B for guidance. c. Application must be completed and submitted online. Hard copies mailed or faxed will not be accepted. 2. A Scoring Committee will score each complete application in independent selection rounds. 3

a. Selection rounds will be held at a minimum of every four weeks. b. Applicants that are not selected in their initial selection round will be eligible for consideration in following rounds, without having to re-apply. They will also be given the opportunity for a debriefing of their application, and may update their application for consideration in following rounds as a result of the debriefing. 3. NYSERDA or its Contractor will collect and verify the W-9 and Certificate of Insurance from selected Applicants. 4. NYSERDA will issue a grant agreement to selected applicants for signature. (see example in Attachment C) 5. Applicant returns signed grant agreement to NYSERDA. 6. NYSERDA countersigns grant agreement and issues executed agreement to Applicant. 7. Applicant completes project. 8. Applicant submits completed Payment Request Form (see Exhibit E in Attachment C) and required documents to NYSERDA or its Contractor. 9. NYSERDA or its Contractor reviews the payment request package for completeness. 10. NYSERDA or its Contractor schedules and performs a site visit to verify project completeness. a. Site visit must be completed prior to NYSERDA issuing payment. 11. NYSERDA or its Contractor compares the payment request package and Site Visit Report for accuracy. 12. NYSERDA issues payment within thirty (30) days of completing a site visit and verifying the accuracy of all documentation provided for the Payment Request. All payments shall be made in accordance with NYSERDA s Prompt Pay Policy Statement. NYSERDA reserves the right to visit any installation, during regular business hours, to verify the Applicant s compliance with the requirements of the Initiative. GRANT PAYMENT Payment will be made after installation of the project and a site visit is completed. No progress payments will be made. A single payment for reasonable, eligible costs will be issued upon completion of a site visit and receipt and review of necessary documentation. Eligible costs include documented and verified reasonable labor, equipment and materials costs incurred to wire and install an emergency generator A Payment Request Form (see Exhibit E in Attachment C), including a list of required documentation will be sent to the Applicant with their executed agreement. Work must be completed and properly documented with the Payment Request Form submittal. The project costs do not have be paid prior to submitting the Payment Request Form. A complete Payment Request form must be submitted no later than 12/2/2017. NYSERDA must conduct a site visit upon project completion, prior to grant payment. The site visit will address grant payment verification only. NYSERDA will issue payment within thirty (30) days of completing a site visit which confirms the installation is complete and the Payment Request Form information is accurate and complete. All payments shall be made in accordance with NYSERDA s Prompt Pay Policy Statement. 4

GENERAL CONDITIONS Proprietary Information - Careful consideration should be given before confidential information is submitted to NYSERDA as part of your application. Review should include whether it is critical for evaluating an application, and whether general, non-confidential information, may be adequate for review purposes. The NYS Freedom of Information Law, Public Officers law, Article 6, provides for public access to information NYSERDA possesses. Public Officers Law, Section 87(2) (d) provides for exceptions to disclosure for records or portions thereof that "are trade secrets or are submitted to an agency by a commercial enterprise or derived from information obtained from a commercial enterprise and which if disclosed would cause substantial injury to the competitive position of the subject enterprise." Information submitted to NYSERDA that the Applicant wishes to have treated as proprietary and confidential trade secret information, should be identified and labeled "Confidential" or "Proprietary" on each page at the time of disclosure. This information should include a written request to exempt it from disclosure, including a written statement of the reasons why the information should be exempted. See Public Officers Law, Section 89(5) and the procedures set forth in 21 NYCRR Part 501 http://nyserda.ny.gov/en/about/-/media/files/about/contact/nyserda-regulations.ashx. However, NYSERDA cannot guarantee the confidentiality of any information submitted. Omnibus Procurement Act of 1992 - It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority- and women-owned business enterprises, as bidders, subcontractors, and suppliers on its procurement Agreements. Information on the availability of New York State subcontractors and suppliers is available from: Empire State Development Division for Small Business 30 South Pearl Street Albany, NY 12245 A directory of certified minority- and women-owned business enterprises is available from: Empire State Development Minority and Women's Business Development Division 30 South Pearl Street Albany, NY 12245 Contract Award - NYSERDA anticipates making multiple awards under this PON. It may award a contract based on initial applications without discussion, or following limited discussion or negotiations. Each application should be submitted using the most favorable cost and technical terms. NYSERDA may request additional data or material to support applications. Limitation - This PON does not commit NYSERDA to award a contract, pay any costs incurred in preparing an application, or to procure or contract for services or supplies. NYSERDA reserves the right to accept or reject any or all applications received, to negotiate with all qualified sources, or to cancel in part or in its entirety the solicitation when it is in NYSERDA's best interest. Disclosure Requirement - The Applicant shall disclose any indictment for any alleged felony, or any conviction for a felony within the past five (5) years, under the laws of the United States or any state or territory of the United States, and shall describe circumstances for each. When an Applicant is an association, partnership, corporation, or other organization, this disclosure requirement includes the organization and its officers, partners, and directors or members of any similarly governing body. If an indictment or conviction should come to the attention of NYSERDA after the award of a contract, NYSERDA may exercise its stop-work right pending further investigation, or terminate the agreement; the Applicant may be subject to penalties for violation of any law which may apply in the particular circumstances. Applicants must also disclose if they have ever been debarred or suspended by any agency of the United States Government or the New York State Department of Labor. 5

I. ATTACHMENTS Attachment A: Scoring and Evaluation Guide Attachment B: Quote Information Required Attachment C: Sample NYSERDA Agreement, including Exhibit E: Payment Request Form Attachment D: Example Application (All applications must be submitted electronically here. 6