Georgia Environmental Facilities Authority ARRA — American Recovery

Georgia Environmental Facilities Authority ARRA - American Recovery & Reinvestment Act of 2009

Presenters l l l l David Godfrey, GEFA Sandra Neuse, USG Greg Adams, USG Danny Elijah, GSFIC Nathan Jones, GSFIC Rey Palma, GSFIC Andrew Ladd, GEFA P. J. Newcomb, GEFA

Procedural Notes l l l Please silence all mobile phones and devices Presentation will run approximately 90 minutes Questions will be fielded at the end of the presentation There will be a microphone for the audience to ask their questions The presentation will be posted on the web Please remember to leave your business card or sign in at the reception table

Points To Cover l l l Broad Overview USG Track GSFIC Track Reporting Requirements Measurement & Verification

Broad Overview l l l State Energy Program (SEP) Formula Grants to all states: $3. 1 billion SEP Award to Georgia: $82. 5 million with $65 million allocated to State Retrofit Program Project Completion Date: March 31, 2012

State Energy Program (SEP) Goals l l Increase energy efficiency to reduce energy costs and consumption for consumers, businesses and government. Reduce reliance on imported energy. Improve the reliability of electricity and fuel supply and the delivery of energy services. Reduce the impacts of energy production and use on the environment.

SEP Priority l l The State will to the extent practicable prioritize the grants toward funding energy efficiency and renewable energy programs, including— The expansion of existing energy efficiency programs approved by the State or the appropriate regulatory authority, including energy efficiency retrofits of buildings and industrial facilities, that are funded by the State or through rates under the oversight of the applicable regulatory authority, to the extent applicable

SEP Prohibitions l l l for construction, such as construction of mass transit systems and exclusive bus lanes, or for the construction or repair of buildings or structures; to purchase land, a building or structure or any interest therein; to subsidize fares for public transportation; to subsidize utility rate demonstrations or State tax credits for energy conservation or renewable energy measures; or to conduct or purchase equipment to conduct research, development or demonstration of energy efficiency or renewable energy techniques and technologies not commercially available.

Project Development and Selection l l l Agency solicitation: June 15 –July 15, 2009 334 energy conservation measures (ECMs) submitted; $266 million requested; $23 million in estimated savings 135 ECMs approved; $65 million investment budget; $15 million in estimated annual cost avoidance savings

Project Allocation by $ and %

Federal Requirements for all Projects l l l l l Reporting, tracking and segregation of incurred costs; Reporting on job creation and preservation; Publication of information on the Internet; Access to records by Inspectors General and the Government Accountability Office; Prohibition on use of funds for gambling establishments, aquariums, zoos, golf courses or swimming pools; Ensuring that iron, steel and manufactured goods are produced in the United States; Ensuring wage rates are comparable to those prevailing on projects of a similar character; Protecting whistleblowers and requiring prompt referral of evidence of a false claim to an appropriate inspector general; and Certification and Registration.

Where we are in the process l l l Projects have been selected GEFA has obtained all of the funding GEFA and GSFIC signed an IAA GEFA and USG signed an IAA GSFIC will provide support to state agencies’ approved for ARRA funding USG Facilities Office will admin USG funded projects

Points To Cover l Broad Overview l USG l l l Track GSFIC Track Reporting Requirements Measurement & Verification

USG Track Overview of USG energy plan and how ARRA complements that plan • Context • Goals & Objectives • Past Activities and Successes • Current Implementation Activities

History & Context w/in Regents' Strategic Plan l l Support of Strategic Goal Six, Operating Efficiently Led by UGA President Adams

Goals and Objectives Promote and support energy efficiency efforts system-wide l Achieve 'best in class' energy usage levels l Meet the Governor's Energy Challenge l

Activities & Successes to Date l l Development of system-wide Sustainable Energy Management Plan (SEMP) (April 07) Energy audits and training Collection and analysis of FY 07 baseline energy use and cost data Participated in development of Georgia Peach standards for new construction/renovation

Current Implementation Activities Updating energy use and cost data to include FY 08 and FY 09 l Revising and updating SEMP l Administering ARRA/SEP program l

USG ARRA Overview

USG Delegated Authority • • • USG holds contracts via constitutional authority Board delegates to Vice Chancellor for Facilities VC delegates to campuses according to ability to manage the contracts (existing system) USG manages all contracts not delegated to campus Procurement and construction processes are the same regardless of system office or campus

USG Delegated Authority http: //www. usg. edu/ref/contracts/levels_del_auth. phtml

What is Procured? Design Professional Services (DP) l Construction/Public Works l Materials Only l

Procurement of DP Services l Design Professional Selection Methods – – Expanded Basic Abbreviated Campus

Expanded Method l IF: – – l SCL > $5, 000 and/or Fee > $300, 000 THEN: – – Advertised on DOAS Bid Registry 3 to 5 respondents are short-listed by a panel from System Office and the Campus(es) Short list candidates attend interviews Panel makes final selection

Basic Method l IF: – – l $1, 000 < SCL< $5, 000 and Fee < $300, 000 THEN: – – Campus & USG develop list of candidates, or Project is advertised at discretion of VC as above Candidates attend interviews Panel makes final selection

Abbreviated Method l IF: – – l SCL < $1, 000 Fee < $40, 000 THEN: – – – Campus & USG office develop list of candidates Campus makes recommendation to VC VC directly appoints design professional

Campus Selection Method l If professional fees are anticipated to be within the delegated authority of the campus, the campus may select the Design Professional without the involvement of the Board of Regents Facilities Office, but should follow BOR procedures.

What is Procured? Design Professional Services (DP) l Construction/Public Works l Materials Only l

Procurement of Construction/ Public Works l Found in Chapter 8 of the USG Building Projects Procedures Manual at: http: //www. usg. edu/ref/capital/bppmanual/chapter 8/

Public Works Contracts l l USG is still in the process of developing the actual contracts that will be used for both DP and Public Works The contract that you sign will be in the bid documents for you to review before you bid

USG: Bond Requirements l l l 5% bid bond Performance bond a payment bond required for projects > $50, 000 Performance bond shall guarantee the full performance of the Contract

USG Insurance Requirements l l Commercial general liability ins $1 M/occurrence, $2 M/project Commercial umbrella – – Contract < $5, 000 l $ 2, 000 per Occurrence l $ 4, 000 aggregate Contract > $5, 000 l $2, 000 per occurrence l 10, 000 aggregate

Federal ARRA Requirements l ARRA requirements are common to both GSFIC and USG contracts and will be detailed later in the presentation: – Reporting requirements – Davis Bacon – Buy American

USG Project Oversight Outside campus delegated authority l USG bids the work, holds the contract, and works with campus personnel to perform project l Pre-bid conferences l Award and pre-construction conference l Periodic construction inspections l Approve pay requests l Ensure required reporting l Ensure compliance with contract documents l Approve pay requests l Project close-out l Verify measurement and verification

USG Project Oversight l Within campus delegated authority l l Campus performs functions above USG – – – Performs spot audit functions Insures reporting Insures measurement and verification

What is Procured? l l l Design Professional Services (DP) Construction/Public Works Materials Only

Materials Only l l l Materials-only are not public works Campuses desiring to self-perform must comply with ARRA requirements Purchases must comply with Department of Administrative Services process and procedure http: //doas. ga. gov/State. Local/SPD/Pages/Home. aspx l Georgia Procurement Manual http: //doas. ga. gov/State. Local/SPD/Docs_SPD_General/Georgia. Procurement. Manual. pdf

Bundling Projects l l Bundling projects for economies of scale is being considered Possible JOCs, RFQs, RFPs for: – – – Lighting Controls M&V Commissioning Metering

Points To Cover l l Broad Overview USG Track l GSFIC l l Track Reporting Requirements Measurement & Verification

GSFIC Track l GSFIC – Georgia State Financing and Investment Commission – Construction Division – – Providing procurement and project management services Agent for GEFA – Georgia Environmental Facilities Authority – in the procurement and project management of ARRA/USDOE funded projects.

Scope Development l l Consult with agencies receiving ARRA awards and assist with development of ECM scope of work. Assess potential for consolidating similar ECMs among different Awardees for procurement and construction. Design and Review group will review agencies ECM scope of work prior to solicitation. Design and Review Group will work in conjunction with GEFA to assist agencies in developing an M&V Plan for each ECM prior to solicitation.

GSFIC Procurement Process l l l Design professionals/vendors/service providers will be procured according to established GSFIC procedures. Agencies will be consulted for suggested professionals. Typically all solicitations will be competitive

GSFIC Procurement Process l l l All open solicitations will be posted to the Georgia Procurement Registry (GPR). Bid Package will include the process for bid, selection, award and contracting The corresponding contract will be attached to the bid package

GSFIC Procurement Process The bid period will generally be 30 consecutive calendar days unless otherwise allowed l A pre-bid conference may be held depending on complexity l Changes will be managed by addenda l

ARRA Requirements for all Projects l l l Buy American DUNS CCR Copeland Act Davis Bacon Subcontracts l l Neutrality-Open Competition IG/DOE Audits Field Audits Reporting Requirements

Buy American Provisions (Section 1605 - ARRA) l Recipients may not use any funds obligated under this award for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States unless the Agency waives the application of this provision.

Buy American Provisions (Exceptions) l ARRA provisions shall not apply when: – applying 1605 would be inconsistent with the public interest; – iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or – inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent.

Dun & Bradstreet l l A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (www. dnb. com) is one of the requirements for registration in the Central Contractor Registration. If applicable, the Contractor agrees to separately identify to each subcontractor and document at the time of award of contract or approval of application and at the time of disbursement of funds, the Federal award number, CFDA number, and amount of ARRA funds.

Central Contractor Registration l Contractor must maintain current registrations in the Central Contractor Registration (www. ccr. gov) at all times during which they have active federal awards funded with ARRA funds.

Copeland “Anti-Kickback” Act l Prohibits federal contractors or subcontractors engaged in building construction or repair from inducing an employee to give up any part of the compensation to which he or she is entitled under his or her employment contract and requires such contractors and subcontractors to submit weekly statements of compliance.

Copeland “Anti-Kickback” Act (Wage Reporting) l l For contracts in excess of $2, 000. Each covered contractor and subcontractor must provide the federal agency contracting officer with a weekly statement of wages paid to each of its laborers and mechanics during the preceding weekly payroll period. Each payroll submitted shall be accompanied by a “Statement of Compliance. ” Form WH-347 "Payroll (For Contractors Optional Use)"(http: //www. dol. gov/whd/forms/wh 347 instr. htm) or on any form with identical wording. This must be submitted within seven days after the regular pay date for the pay period.

Davis-Bacon Wage Act l l l Contractor and all subcontractors shall pay all mechanics and laborers employed directly upon the site of the work, the full amounts accrued at time of payment, computed at wage rates not less than those stated in the advertised specifications. The scale of wages to be paid shall be posted by the Contractor in a prominent and easily accessible place at the site of the work. In the event it is found that any laborer or mechanic employed by the Contractor/subcontractor is being paid a rate of wages less than the rate of wages required, the Owner may terminate his right to proceed with the work and the Contractor and his sureties shall be liable for any excess costs occasioned thereby.

Subcontracting l Contractors will separately identify each subcontractor and document at the time of sub award and at the time of disbursement of funds, the Federal award number, Catalog of Federal Domestic Assistance (CFDA) number, and amount of ARRA Funds.

Subcontracting l l l GSFIC will require vendors to include on their Schedule of Expenditures of Federal Awards (SEFA) information to specifically identify ARRA funding. GEFA will properly monitor subcontractor expenditure of ARRA funds. GEFA is accountable to the Federal Offices of Inspector General and the Government Accountability Office

ARRA Requirements l Neutrality – Transparency Act eliminates any bias towards pre-existing relationships. – l All contracts/sub-contracts must be competitively bid. IG/DOE/Field Audits – Vendors must be prepared for audits under these contracts

Construction Services GSFIC will schedule and host the preconstruction conference l ARRA compliance issues will be discussed l Form of payment will be discussed l Sub-Contractor use will be discussed l

Construction Services l l l There will be on-site inspections specifically to provide construction status and financial reports, as needed during the duration of energy improvement projects. GSFIC will process contractor invoices for payment by GEFA will make payment to vendors.

Construction Services Inspections to provide final certification of project installation and completion will be conducted. l A post-construction walk-through to determine project compliance will also be completed. l GSFIC will receive and process warranty claims per existing procedure. l

Points To Cover l l l Broad Overview USG Track GSFIC Track l Reporting l Requirements Measurement & Verification

Reporting Requirements 2 Reporting Avenues Required Quarterly U. S. Office of Management & Budget: 1512 Due between the 1 st & 5 th day after each quarter U. S. Department of Energy: Attachment 2 Due between the 1 st & 15 th day after each quarter Both will be done online from a web browser

1512 Reporting Requirements Reporting Data Office of Management and Budget – 1512 Jobs Created & Retained – Total # and $ Amount of payments made less than $25, 000 – In some cases, sub-recipient top 5 Officers Names and Compensation –

1512 Reporting Interface Changeable Fields

1512 Reporting Information For a demo video, slides, & a PDF in regard to 1512 Reporting go to: http: //www. gefa. org/index. aspx? page=491

DOE Reporting Requirements Reporting Data DOE – Attachment 2 – – – Phase of the Project & % Complete # of Buildings Retrofitted-to-Date Square Footage Retrofitted-to-Date Jobs Created & Retained Management Analysis Energy Savings (only after M&V)

DOE Reporting Interface

DOE Reporting Interface

Reporting Requirements Definition of Jobs Created or Retained The estimate of the number of jobs required by the Recovery Act should be expressed as full-time equivalents (FTE), which is calculated as total hours worked in jobs created or retained divided by the number of hours in a full-time schedule, as defined by the recipient.

Points To Cover l l Broad Overview USG Track GSFIC Track Reporting Requirements l Measurement & Verification

Measurement and Verification l l l Each project or energy conservation measure awarded will need to include approved form of measurement and verification of energy savings Agencies/Institutions will decide whether to procure or self-perform M&V International Performance Measurement and Verification Protocol (IPMVP) 2007

Measurement and Verification Energy Savings = (Baseline Energy Use) – (Post-Retrofit Energy Use) + /– (Adjustments) Baseline Energy Use = (Baseline System Performance) x (Baseline Operating Hours) Post-Retrofit Energy Use = (Post-Retrofit System Performance) x (Post-Retrofit Operating Hours)

Measurement and Verification Performance = efficiency or rate of energy use of system/equipment Operating Hours = the total time that a system/piece of equipment runs

Measurement and Verification

Measurement and Verification Simple Lighting Example: Retrofit 100 T-12 fixtures (3 lamp 40 W) with 28 W T-8 lamps and electronic ballasts; assume 3000 hrs/yr Baseline Energy Use = (Baseline System Performance) x (Baseline Operating Hours) = (140 W x 100 fixtures) x (3000 hrs/yr) = 42, 000 k. Wh/year

Measurement and Verification Post-Retrofit Energy Use = (Post-Retrofit System Performance) x (Post-Retrofit Operating Hours) = (72 W x 100 fixtures) x (3000 hrs/yr) = 21, 600 k. Wh/year Energy Savings = (Baseline Energy Use) – (Post-Retrofit Energy Use) + /– (Adjustments) = (42, 000 k. Wh/yr) – (21, 600 k. Wh/yr) = 20, 400 k. Wh/year

Measurement and Verification l l Option A—Retrofit Isolation with Key Parameter Measurement Option B—Retrofit Isolation with All Parameter Measurement Option C – Whole Bldg Utility Data Analysis Option D—Calibrated Computer Simulation

Measurement and Verification l Recommendations: – – – ECMs with projected annual savings < $10, 000/yr can use engineering calculations instead of an official IPMVP method. Lighting projects typically Option A, perhaps B Medium and large controls (excl. metering) & mechanical projects within a single building or central plant: Option B (where practicable) Metering, Commissioning, Building Envelope, and Multibuilding Controls projects: Option C (10% rule) Other?

Measurement and Verification What may be put out for bid l Full M&V services for ECM – – Recommended method/Option Request for developing an M&V Plan, including a schedule Energy Savings Report M&V Costs

Measurement and Verification (M&V) Plan 1. 2. 3. 4. 5. 6. 7. 8. A description of the ECM and its intended result Intended M&V option to be used How baseline data will be determined a) Parameters to be measured (also, when and for how long), b) Parameters to be stipulated (agreed to, held constant) c) How & why the baseline may be adjusted (weather, occupancy, etc. ) Measurement methods and equipment to be used Schedule for all M&V activities (Baseline, Construction, Postretrofit, Report) Who will conduct the M&V activities (self-perform – all or some? ) Commitment to providing Energy Savings Report - methods, assumptions, calculations, and results of the M&V Costs of M&V operations and equipment

Measurement and Verification (M&V) Resources 1. 2. 3. 4. International Performance Measurement and Verification Protocol (IPMVP) http: //www. evo-world. org/index. php Federal Energy Management Program: http: //www 1. eere. energy. gov/femp/financing/superespcs_mvres ources. html EPC Watch: http: //energyperformancecontracting. org/m-andv. html GEFA: a. b. Recommended M&V list M&V Plan Template & Sample

Timeline l l Sign IAA GSFIC Contract templates final Begin contracting the Work All work to be completed NLT Nov 24 Early Dec Mid Jan 3/31, 2012

Questions?

ARRA Contact Information l USG Project Management – – l GSFIC Project Management – – l – Rey Palma: rey. palma@gsfic. ga. gov Jim Hyde: jim. hyde@gsfic. ga. gov GEFA Reporting – l Danny Elijah: daniel. elijah@gsfic. ga. gov Nathan Jones: nathan. jones@gsfic. ga. gov GSFIC Procurement – l Greg Adams: greg. adams@usg. edu Wayne Schweitzer: wayne. schweitzer@usg. edu Andrew Ladd: aladd@gefa. gov GEFA Measurement & Verification – P. J. Newcomb: pjnewcomb@gefa. gov