# MALOUFF, CHARLES ANTHONY Jr. > Texas Supreme Court · December 21, 2015 URL: https://www.frixlaw.com/law-library/cases/4058368 ## Case - **Court:** Texas Supreme Court - **Decided:** December 21, 2015 - **Precedential status:** Published - **Opinion:** Opinion - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. 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Seclor: Cwnv= mavis _,_ ~ ' _ REPORT|NG PAR.TY 1NFORN1AT1ON N°m°= MALCUFF CHARLES 12/27/1957 L°““°" 13649 FM 1431 sn=_ 1a P*'°"°= 512 267-324a RESPONSE 1NF0R111A110N 1111 unu: stem 2 m unn. Postell ram named mmr 2134 cmd.lohn mr munoz E°§,"'f§e°;?,",,u,: mspa\ch Tm\e: 06/2?/2011 09:15:00 ' Dispamhnme: / / : : 76 Enmuto Tuna: 06/221?011 09.'15.'00 Em'ou!eTlme: /'/' : .‘. Amvenm: 06/_22/2011 09:15:00 Anive Tirne: / / _ : .: . mem loc cH,EF ClearT»me: 06/2?/2011 10:30:00 Qear¥‘une: l l : : cALL DE1A1LS ,_ _ '_ ca11 mm 1400 enmmaiwschiaf ' minv: o Dascrlpllon. ' Damage to three of the wind generaer used as part of tha wind energy program being run through the city. mcmillan ' mo Pemrmg meade C°mm°n\s One of the generators was broken at the connectivo collar and some of the blades were broken as well The other twa ganrators had broken blades. See full report Ju1.22. 2011_. 2:541’111_ No. 3036-~P. 6-'--- Case N ' JONESTOWN "“° 1 °` 11-014356 Beal ' Rp! D|s’l : Se 2 POL|CE DEPARTMENT 1 ci ""°foen=¢ q 1 Crime I 1nddsn! (Pn'nmy. mm Tertia\y) Alam;* comm Da£s 1'lme Day 23»°3 Pc c"'""'a' M'“M°' [__.1 onarFr osm/2011 12:00 Fri 1:] 111 osm/2011 os.-oo wm I:l umw omzL_zan- 09:15 wad umw oflndd¢nf ms L.'vE oAKAv, JoNEsrowN, 171 ` Cw”€mf 7740L111£oAKAv _ Cwnv Diwo v~vl=mn ‘W'=womgm w-wlmsn 's"=mpsu ‘0'=011~ mms Rp Lao!. F|ra\. mm (an il mmese) kane Sex m HT WT Ha¥r Eves Homo Phono MALOUFF, ¢_SHARLES W M 53 0 0 (512) 796-7000 weren 1508 nn umw sure mm P.o. aox11s 12/21/1957 {512) Cib/.sza\e.zipcode 1$14 umwa swan mm OOBPMM .CEDAR FARK ?X 78845~ 0 ~ last F!ist. M}ddh (Form ifwnw) m €d¢ ms m W¥ I{aIr Eyes Homa Phone Addreee m mm sum Wo!\ lessen pmpony hamm 11 Sm 70 w mvzs Mm-. oPEN h mm an “m\la` M»o~? v nw 27 1 , c ll l d |sslgnmeantphys!ca\evldanmpresem N ORI# m ann , mcgee w hmisema;mnjumwm? 11 umwa 11-01435$ Aro there unique dreums!anoes? Y lemmamdpmo>unyoisomnm 11 A°W°‘T°f °“‘°= -LL-_-- Reidaved By : W: Dab: Odlee¢_ID: ChiefJohnStBQr 2134 / l \_____.Ju\. 22. 2011- 2:55PM_ No. 3036---?. 7---' JoNEsTowN we z °‘”"°‘ 11~014356 POL\CE DEPARTMENT ' T”°:Offonso 5qu 1 Climel |nddent(Primary) .Amnpi zs.oa Pc cmeemieehie: [] P".’Pel'fy ReP°"t memo regs mere arena mel seneme (ernnqme} am ucR 1 MND K °°""°“Fu°" [:| swan value 0 [:| Evedence value 0 50 mun ruRB'NE m Reoovued dee 0 [:] S€fe|mo value Lecauen [:] oemeged value seized Omer madden mem a reg s mae anne mead sum m rex mug me) QAN UcR oeeenpnen [:| seem value [:] mem vexwe |:] neeevemd `V'awe Safwems value warren ' ' named vex seized ue m madden : Appmv 1 Dale: OmeerID: ChlefJohn Sle¢at 2134 gmde ed . / / `Jul. 22. 2011_ 2:55PM man No.3036-~P. 8-- JoNEsTowN me » 3 11-014356 POL|CE DEPARTMENT *”°=omse set 1 ;r:;l::“cn:::mmme: AEM Narrative Report On the morning of .lune 22, 2011 i met with Charles Maioutf the Director if the wind energy program that the City of Jonestown is operating under a Federai Grant and in conjunction with CM Energies.` Mr. Maioutf stated that there had been a number of incidents over the past 45 days that have led him to believe that someone may be trying.to sabotage'the wind energy project Mr. Maiouff explained that about a month or so ago one of the wind turbines located on the Waterscape Property (Live Oak St.) was found to have been tampered with. °Ihe way the turbines are designed they will only turn in one dlrection. They have been weil designed and tested in coordination with the University of Texas and they have been wind tunnel tested lt is not physically possible for the wind turbine to spin backwards as'it would violate the laws ofphysics, yet this tzn‘blne hadbeen turned backwards and unattached from its mounting base. One of the Lexan blades approximately 10 tiers up had also been broken This was also verysuspicious because the blades are constructed of 1/4" lexan and are virtually unbreairabie.' . A second suspicious incident occurred on June _.1, 2011 when someone walked into Jonestown Wind project Ottice and stole iaptop computer. This incident occurred in broad daylight during lunch time and the only thing taken was that one iaptop. (Case'# XX-XXXXXXX liners was a lot of valuable information concerning the pmgram on that iaptop, The third suspicious incident concerned his personal motorcycle He stated that he had taken his motorcycle into a dealership for service and he got a phone call from die mechanic asking him it he had any enemies because someone had apparently tampered with the front tire of his motorcycle When Mr. Malouiir went to the dealership they showed him the front tire of his motorcycle where someone had apparently taken a very sharp object and cut two slices ln- the front tire, each being approximately 10" long and 1/4" deep. This could have easily have caused the front tire to blow out if the bike was taken to highway speeds and expanded The result wouid.have been a loss of control of the bike and possibly a serious accident Mr. Maloui7 stated that the only place that this damage could have possibly taken place was at his residence on lafayette Park Drive here in .ionestown, This was especially problematic because virtually 'no one knows where he iives. This morning when they went ._to inspect the turbines after last nights thunderstorms, they found that two of them were damaged »One of them was broken at a shott joint and-a iexan blade was cracked. A second turbine was broken with one of the blades about 10 tiers up broken and shattered into about 40 pieces This type ot shattering was uncheracteristic of iexan and the damage that was observed was not caused by the wind as the winds experienced during the storm were'weli within the tested`ebilities of the- turbines. According to Mr. Maioutf the only way the blade could be shattered in that manner was for one or two people to climb up and._hang from the blade andtwistit to cause it to shatter. Also found on the ground was a white hard hat that was nothing like the ones worn by Jonestown employees or those of CM energies, `lhe hard hat had the name "King" written on the inside and based on the dirt on it, it had been at the scene through the'ralnstorm. ~ The last time tllat'the turbines were for sure intact was about Friday 6117/2011. ML Maiouff states that there are ot people that would like to see this project to fail including some previous employees and also a group from Leander who is in litigation with the City over patent rights on the wind turbines. l Reew:edey:. Awmd: uaw off \omoeno: ChiefJohnSt`etar ` 2134 Jul.22. 2011 2:56PM l No.3036 P. 9 JoNEsTowN we 4, '°°‘°'"°' 11n14356 PoLlcE-DEPARTMENT Worem s°q= 1 cram/momentum _ mm a _ 28,03 Pc criminal maher m Nart'af|ve Report The herd hat was taken into possession to be processed as evidence Arrangements were alos made to have a uniformed oti‘icer‘ meet Mr. Maioui? at the turbinesite to gather evidence and further document the area. Ol|loerlD: Chle{.lohn$tetar l 2134 l WB’: lW: D;b/; | ____Juz.zz. 2011_2=56P~L _ No.aoss.__P. 10_` JONESTOWN paso 1 incident Supplement' Page poLlcE DEPARTMENT Case No. easements 11-014356 JONESTOWN. TB(AS?BB¢¢S Remded 07/19!2011 09215 Tuesday Title: Foiiow~up On July 15, 2011 at about 0930 l received a phone call from Mr. Charles Malouff concerning some damage that had occurred to the wind turbines that are part of the C.M. Energies wind project Mr. Maloui? stated that he believes that he now has evidence as to how the one turbine was damaged to the point that it came apart at the joint Charles askedme lt l could meet him at die wind turbine site on Live Oak and he would show me what he was talking about i'infonned him thati was tied up at that point but that l would meet him up there at the site after 1:00 pm and thati would call him when l was on the way there. At about 2:00 pm, l called and told Mr. Maieuif that l was enroute to the wind turbine site and he told me that he would meet me there. l arrived at the site a few minutes later and Mr. Malouit arrived shortly thereafter. Charies-directed me to the one turbine that had been broken off. We then looked through the space where the air conditioner would normally be placed and he showed me that there was a piece of plastic strap that he referred to as l'mule .tape" wrapped around the base of the turbine's aluminum shaft and there was a piece of rope similar to clothes line attached to die strap and hanging down. Mr. Malouff stated that it appears that the rope had_ been tied on and then put out through the air conditioner . window and then tied to base of the support structure 'l‘here was some scratching on the base where the rope may have been attached. According to Mr. Maloufi’ this would have prevented the turbine from turning and thus in high winds like we had when the turbine was broken it may have resulted in the obsenred damage photographs where taken on the sn'ap, rope and frame scratches for enclosure in the case fiie. We inspected the other turbines in the area but no similar attachments were.tound. OmcerlD: Aseno/: - Revieaedhy: Date: Chiei .iohn Steter 2134 JPD / l U bi.IIIlLlIUS I\Cp\)[l,lllg ' I\CPUH bUHlfHUL illiUI`IIl’dLlU[l SEC() Stimulus Reporting your session expires in: 29 48 mins secs Report Contract Information Logged in as: Justln M Shepherd This report has been finalized. l Take_ me to Vendor Payments information l Return to Coniracts Me_nu Contract C50951 : for City of kneean , Stabe Energy Frogram § Report for July 2011 ` Amount of electricity generated from wind systems (MWh) (0-9,999,999): 0 Number of wind energy systems installed (0-9,999,999): 2 Totai capacity of wind energy systems installed (kW) (0~9,999,999): 40 Dollar amount of required match you provided for your State Energy Program award? (0.00-9,999,999.99): 459652.00 What funds, if any, have been leveraged? Utility incentive (enter whole dollars only) (0-9,999,999): State Funds (enter whole dollars only) (0~9,999,999): Local Funds (enter whole dollars only) (0-9,999,999): Private (enter whole dollars only) (0~9,999,999): Other Federal (enter whole dollars only) (0-9,999,999): In-kind (enter whole dollars only) (0-9,999,999): 459652 Other (enter whole dollars only) (0-9,999,999): 0 P|ease discuss progress l:o date on your project deliverables: (min 3 char): (ijited to 3¢2,000 Chars) OOOOO Many of the materials have been purchased and Systems are being installed Compare your actual accomplishments with the goals and objectives for the reporting period: (Limited to 3-2,000 Chars) Sltes have been selected, most of the materials/equipment have been received, and installation process still underway. P|ease explain any problems you have encountered: (min 3 char): (Limited to 3-2,000 Chars) There was no work performed on the project this period due to excessive heat and fire hazard delays. Aslde from delays with Buy Amerlcan and extreme heat and tire hazards, several systems were vandal|zed and the location ls still an active crime scene. Were you able to overcome the problems?: (Limlted to 2-2,000 Chars) We have not been able to overcome the delays with extreme heat and fire delays and the one location where the systems were vandallzed is designed for nine systems Three were in the installation process when the vandalism first occurred but the whole project area has been determined a crime scene and further work at that site is curretu delayed Are there difficulties impacting your project deliverables or timeline: (Limited to 2-2,000 Chars) Even with the delays, heat, and vandalism, this project has not been significantly delayed and is still considered on schedule. However, should these extreme heat and fire hazard issues and crime scene issues continue for an extended period of time, they may delay e project. P|ease discuss any successes you have experienced: (lelted to 3-2,000 Chars) $1,836,400.00 has been procured for materials/equipment and subcontract and the project has seen successful implementation of the installation process. Have there been allegations of fraud, waste, or abuse made against your eni:ity/contractors? (Yes/No): No If there have been allegations of fraud, waste, or abuse made, please describe in detail.: (Umited to 3-2,000 Chars) ' N/A P|ease provide a summary of expenditures to date: (leited to 3-2,000 Chars) $1,466,400.00 has been expended for materials/equipment and $370,000.00 has been expended for subcontract Obiigal:ions (Recovery Act funds encumbered) (0-9,999,999): O Outlays (Expenditure of Non-Federal funds) (0~9,999,999): 0 Outlays (Expenditure of Recovery Act funds) (0-9,999,999): 0 Have you expended more than $500,000 from ANY federal source during this fiscal year'? (Yes/No): Yes % Illlpb‘ 1//[Ily Cpa.. Cpi:l.SLi:llC. LX. US/ SCCOCUHU`HUL['C[)UHIHS/ bUIlLFdCl.l\CpOI`LI‘ UI" RESOLUTION We certify that: We are the duly qualified and acting directors of CM Altemative Energies, lnc., a Texas b Corporation, a duly organized and existing corporation and in good standing with the State of Texas. ‘ The following is a true copy of a resolution duly adopted by the directors of the corporation at a meeting legally held on , and entered in the minutes of such meeting in the Minute Book of the corporation: "RESOLVED, that the CEO of this company, Charles Malouff is hereby authorized and directed to obtain a loan in the amount of $2,000.00 from the Taylor Economic Development Corporation for transportation charges in establishing a wind energy R&D center in Taylor, Texas.” "RESOLVED, FURTHER, that the CEO is authorized and directed to execute all instruments necessary to effect the loan above described including all loan instruments and related instruments." The above resolution is in conformity with the Articles of Organization and Regulations of the corporation, has never been repealed, and is now in full force and effect Dated: , 2009 CM Altemative Energies, Inc. By: Its:. Director By: Its: Director STATE OF TEXAS COUNTY OF WILLIAMSON BEFORE ME, the undersigned authority, on this day personally appeared , Director, known to me to be the person whose name is subscribed to the foregoing instrument, and swore and acknowledged to me that (s)he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated and as the act and deed of the company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 2009. Notary Public in and for The State of Texas STATE OF TEXAS COUNTY OF WILLlAMSON BEFORE ME, the undersigned authority, on this day personally appeared , Director, known to me to be the person whose name is subscribed to the foregoing instrument, and swore and acknowledged to me that (s)he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated and as the act and deed of the company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of ,2009. ' Notary Public in and for The State of Texas 10 `E'AYLUEQ ECONOM|C DEVELDPMENT CUR’PURATIUN January 25_, 2012 Charles Malouff CM Altemative Energies, Inc. P.O. Box 2'6'041 Austin, TX 78755 Dear Mr. Malouff: The '_l`ayl_or Economic Development Co_rp_o_rati_on Board of Directors approved an early closeout of your $2, 000 loan dated March 23, 2009. This loan has been forgiven by the Taylor EDC and is now closed because CM Altemative Ener-g_ies met the performance requirements of the note. Since $1,700 of the $2,000 P`romissory note Wa`s provided to you, you will be receiving a 1099 in t_h__e amount 0f$l,700 in January 20`1_2 for tax year 201 l_. If you`have any questions or need additional, please contact Jason Ford at 512-_3752,-4321 or Calffi..@ O.rt_S at 512-352-434254- »Best regards, n Ford President_/CEO Tayl¢>r ED` C . w ww. ¢_aylo reda qr-g » iv'} 512.3_5`2.-1.325 ¢ lrl 383;82_3.5678 . 7001\_1@11111_1»4_;\§»_1_ .`_P.o. Bg;.\~Q__@@@Qw~¢ @Jtéo':®\/\ w ______4-*___*_)@\/\@@ ;',:Lz_>__@,0 \=_c€» Z_l l "'cmenergies"‘ Charlie, |'m honored to be asked. |'m meeting with Paul this afternoon. |'ll discuss it with him and get his buy in genera|. Then we can work out the specifics How many hours do you think are involved right now? l know that it will increase as we acquire more projects? Steven L. Winton, P. E. Bechtel-S Corporation P. O. Box 103 Gonzales, TX 78629-0103 swinton@bechtel-s.com (830) 672-2902 FREE (830) 672-2902 (Office) (830) 672-7761 (Fa> wrote: From: Steven Winton Subject: RE: project engineer To: "'cmenergies"' Date: Friday, December 17, 2010, 8:43 AM Char|ie, l’m honored to be asked l’m meeting with Paul this afternoon l’|l discuss it with him and get his buy in general. Then we can work out the specifics How many hours do you think are involved right now? l know that it will increase as we acquire more projects? Steven L. Winton, P. E. Bechtel-S Corporation P. O. Box 103 Gonzales, TX 78629-0103 swinton@bechtel-s.com (830) 672-2902 begin_of_the_skype_highlighting (830) 672-2902 end_of_the_skype_highlighting (Office) (830) 672-7761 (Fax) (512) 413-2724 begin_of_the_skype_highlighting (512) 413-2724 end_of_the_skype_high|ighting (Cell) From: cmenergies [mailto:cmenergies@yahoo.com] Sent: Thursday, December 16, 2010 11:43 AM To: steve winton Subject: project engineer Steve, Fred Herber, our Proj ect Engineer, has decided now is the time'he wants to retire. That said, l would like you to come on as our Project Engineer. Since this is DOE there is Davis Bacon, Certiiied Payroll and weekly reporting issues that has to be considered Give me a call or can you lia come out this way so we can sit and see what is the best way to handle this. We were employing Fred direct so he didnt have to do all of that paperwork My cell is 512.845.0252 begin_of_the_skype_highlighting 512.845.0252 end_of_the_skype_highlighting. Thanks, Charlie Charlie Malouff CM Energies P.O. Box 5337 Jonestown, TX 78645 512.796.7000 begin_of_the_skype_highlighting 512.796.7000 end_of_the_skype_highlighting www.cmenergies.com All non-Operations mail should be addressed to: CM Energies P.O. Box 1 18 Cedar Park, Texas 78630-0118 Privileged and Confidential Communication The information contained in this e-mail message may involve confidential and privileged material that is solely transmitted for the purposes of the intended recipients If the reader of this message is not an intended recipient, or if this message has been inadvertently directed to your attention, you are hereby notified that you have received this message and any attached documents in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited If you have received this message in error, please notify us immediately by return e-mail and delete and destroy all copies of the original message. 2 Attached files| 1.5MB 1. 14th deneration HillsideAssemblv UDdated 12-02-2010.pdf 2. Generator Rated Power Curve 17 Nov 201 O.Ddf Download All / CME wEs l TO: 4 More4 recipients CC: recipientsYou More BCC: recipientsYou Hide Details FROM: o cmenergies TO: paul bechtel steve winton mike gi_levara rob mclauchlan Message flagged Sunday, February 13, 2011 8:45 PM This is from this morning. We had wind gusts up to 40 mph. The guys had a vertical laser to check the flex on the shaft. We are within tolerances. Please limit dissimination until the ribbon cutting in JT or as close to as possible Thank you. Charlie Malouff CM Energies P.O. Box 5337 Jonestown, TX 78645 512.796.7000 begin_of_the_skype_highlighting 512.796.7000 end_of_the_skype_highlighting www.cmenergies.com All non-Operations mail should be addressed to: CM Energies P.O. Box 118 . Cedar Park, Texas 78630-0118 Privileged and Confidential Communication The information contained in this e-mail message may involve confidential and privileged material that is solely transmitted for the purposes of the intended recipients If the reader of this message is not an intended recipient, or if this message has been inadvertently directed to your attention, you are hereby notified that you have received this message and any attached documents iri error and that any review, dissemination, distribution, or copying of this message is strictly prohibited If you have received this message in error, please notify us immediately by return e-mail and delete and destroy all copies of the original message. l‘é Need Mail bonding? Go to the Yahool Mail O&A for great tips from Yahool Aiiswei's users. 1 Attached file| Z.SMB 1. CM Energies Wind Eneer Svstem 2-13-11.wmv Download ial Re: CME WES TO: l Morel recipient CC: recipientsYou More BCC: recipientsYou Hide Details FROM: o cmenergies@yahoo.com TO: o Steven Winton Message flagged Monday, February 14, 2011 8:06 AM Thanks. You, for sure, need to use it in the baa presentation, but by then ill have another with it connected at the water treatment plant. Sent from my BlackBerry® smartphone with Nextel Direct Connect From: "Steven Winton" Date: Mon, 14 Feb 2011 08206:27 -0600 To: 'cmenergies' Subject: RE: CME WES Charlie, Congratulations! The . it looks really good Thanks for the video. l won’t show it until after the grand opening in JT. Steven L. Winton, P. E. Bechtel-S Corpo .¢l,'¢ f P. O. Box 103 Gonzales, TX 78629-0103 swinton@bechtel-s.com (830) 672-2902 begin_of_the_skype_highlighting (830) 672-2902 end_of_the_skype_highlighting (Office) (830) 672-7761 (Fax) Z(/) (512) 413-2724 begin_of_the_skype_highlighting (512) 413-2724 end_of_the_skype_hlghlighting (Ce|l) From: cmenergies [mailto:cmenergies@yahoo.com] Sent: Sunday, February 13, 2011 8:46 Pl\/l To: paul bechtel; steve wlnton; mike guevara; rob mclauchlan Subject: CME WES This is from this morning We had wind gusts up to 40 mph. The guys had a vertical laser to check the flex on the shaft. We are within tolerances. Please limit dissimination until the ribbon cutting in JT or as close to as possible. Thank' you. Charlie Malouff CM Energies P.O. Box 5337 Jonestown, TX 78645 512.796.7000 begin_of_the_skype_highlighting 5 12.796.7000 end_of_the_skype_highlighting www.cmenergies.com All non-Operations mail should be addressed to: CM Energies P.O. Box 118 Cedar Park, Texas 78630-0118 Privileged and Confidential Communication The information contained in this e-mail message may involve confidential and privileged material that is solely transmitted for the purposes of the intended recipients If the reader of this message is not an intended recipient, or if this message has been inadvertently directed to your attention, you are hereby notified that you have received this message and any attached documents in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited If you have received this message in error, please notify us immediately by return e-mail and delete and destroy all copies of the original message Need Mail bonding? Go to the Yahool Mail Q&A for cleat tips from Yahool Answers users. resume TO: l Morel recipient CC: recipientsYou More BCC: recipientsYou Hide Details FROM: o cmenergj es TO: v rob mclauchlan Message flagged Monday, February 21, 2011 12:07 PM Rob, We are putting in for some DoD and other opportunities I need to get a resume from you if you can. Thanks Charlie Malouff CM Energies P.O. Box 5337 Jonestown, TX 78645 512.796.7000 begin_of_the_skype_highlighting 512.796.-7000 end_of_the_skype_highlighting www.cmenergies.com All non-Operations mail should be addressed to: CM Energies P.O. Box 118 Cedar Park, Texas 78630-0118 Privileged and Confidential Communication The information contained in this e-mail message may involve confidential and privileged material that is solely transmitted for the purposes of the intended recipients If the reader of this message is not an intended recipient, or if this message has been inadvertently directed to your attention, you are hereby notified that you have received this message and any attached documents in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited lf you have received this message in error, please notify us immediately by return e-mail and delete and destroy all copies of the original message /~L7/ Re: Resumes i TO: l Morel recipient CC: recipientsYou More BCC: recipientsYou Hide Details FROM: x » cmenergies@yahoo.com TO: ~ Paul Bechtel Message flagged Tuesday, February 22, 2011 11:17 AM Hi Paul, Will have several docs for you. Missing 2 resumes Already on them. Sent from my BlackBerry® smartphone with Nextel Direct Connect From: "Paul Bechtel" Date: Tue, 22 Feb 2011 11:16:22 -0600 To: Subject: Resumes Hi Charlie.. Working away on the proposal. Shoot me resumes when you get a chance I know we have some time, but l like to get these things done quickly in the early part of the schedule so that I have time to check the details We have time this week, so Send em if you can. Thanks for having me out. Paul B 29 revised resume l TO: 2 More2 recipients _ CC: recipientsYou More BCC: recipientsYou Hide Details FROM: o cmenergies TO: o Mike Guevara o mike ggevara Message flagged ' Wednesday, February 23, 2011 3:46 PM Mike, We need to get Paul and Steve resumes for the DoD proposal asap. I know you're burdened...l took the liberty of updating your resume from 2009. If you can, please take a look. If you need to make changes, do so and email me back the finished product. Ill scan and pdf and get to Paul. Thanks. Charlie Malouff CM Energies P.O. Box 5337 Jonestown, TX 78645 512.796.7000 begin_of_the_skype_highlighting 512.796.7000 end of www.cmenergies.com All non-Operations mail should be addressed to: CM Energies P.O. Box 118 Cedar Park, Texas 78630-0118 the_skype_highlighting Privileged and Confidential Communication The information contained in this e-mail message may involve confidential and privileged material that is solely transmitted for the purposes of the intended recipients If the reader of this message is not an intended recipient, or if this message has been inadvertently directed to your attention, you are hereby notified that you have received this message and any attached documents in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited If you have received this message in error, please notify us immediately by return e-mail and delete and destroy all copies of the original message 1 Attached file| 76KB at FW: ESTCP Ene;ngolicitation J ust Released! 1 TO: l Morel recipient CC: recipientsYou More BCC: recipientsYou Hide Details FROM: o cmenergies TO: ~ rob mclauchlan Message flagged Thursday, February 24, 2011 6:45 AM Rob, I put a sticky note on the pdf. Not sure if it saved Just in,case, we are going after Section 2. However, with our Systems, Section 2 leads into the other 3. Let me know if you have questions Thanks Charlie Malouff CM Energies P.O. Box 5337 Jonestown, TX 78645 y 512.796.7000 begin_of_the_skype_highlighting 512.796.7000 end*of_the_skype_highlighting www.cmenergies.com All non-Operations mail should be addressed to: CM Energies P.O. Box 1 18 Cedar Park, Texas 78630-0118 Privileged and Confidential Communication The information contained in this e-mail message may involve confidential and privileged material that is solely transmitted for the purposes of the intended recipients If the reader of this message is not an intended recipient, or if this message has been inadvertently directed to your attention, you are hereby notified that you have received this message and any attached documents in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited If you have received this message in error, please notify us immediately by return e-mail and delete and destroy all copies of the original message --- On Thu, 2/3/11, Steven Winton wrote: From: Steven Winton ’Z,§ Subject: FW: ESTCP Energy Solicitation Just Releasedl To: "Charlie Malouff" Cc: "'Paul Bechtel'" Date: Thursday, February 3, 2011, 3:14 PM Charlie, Do you have any interest in pursuing a DoD grant? We would be glad to help since we are a DoD contractor. `\ We can discuss next week if you're interested Steven L. Winton, P. E. Bechtel-S Corporation P. O. Box 103 Gonzales, TX 78629-0103 swinton@bechtel-s.com ` (830) 672-2902 begin_of_the_skype_highlighting (830) 672-2902 end_of_the_skype_highlighting (Office) (830) 672-7761 (Fax) (512) 413-2724 begin_of_the_skype_highlighting (512) 413-2724 end_of_the_skype_highlighting (Cell) JUST RELEASED! ESTCP FY 2012 INSTALLATION ENERGY SOLICITATION The Department of Defense's (DoD) Environmental Security Technology Certification Program (ESTCP) released its FY 2012 Energy Solicitation on February l, 2011, requesting proposals for demonstration of installation energy technologies The DoD Call for Proposals, Broad Agency Announcement (BAA), and Non-DoD F ederal Call for Proposals request pre-proposals for the following topics: (1) Smart Micro-grids and Energy Storage to lncrease Energy Security on DoD Installations; (2) Renewable Energy Generation on DoD Installations; (3) Advanced Component Technologies to Irnprove Building Energy Efficiency; (4) Advanced Building Energy Management and Control; and (5) Tools and Processes for Design, Assessment and Decision-making Associated with Energy Use and Management Researchers from F ederal organizations universities, and private industry can apply for ESTCP funding _, _ _______,,, , ~/L(a The due date for all pre-proposals is Thursday, March 24, 2011. More information about the solicitation, including instructions and deadlines, is available on the SERDP and ESTCP web site at littp://www.serdp-estcp.org/Funding-Opportunities/ESTCP-Solicitatioiis/liis tallation-Energy-Solicitation WEBINAR FOR THE ESTCP INSTALLATION ENERGY SOLICITATION - February 10: ESTCP Director Dr. Jeffrey Marqusee will conduct an online seminar "ESTCP Energy Funding Opportunities" on February 10, 2011, from 12:00-1:00 p.m. EST. This "how to play" briefing will offer valuable information for those interested in new ESTCP funding opportunities related to energy topics During the online seminar, participants may ask questions about the funding process, the current ESTCP solicitation, and the proposal submission process Pre-registration for this webinar is required To register, visit https://cc.readytalk.com/r/gklt8vm3 s4tn . If you have difficulty registering, please contact the ESTCP Office at jbunger@hgl.com or by telephone at 703-696-2126 begin_of_the~skype_highlighting 703 -696-2126 end_of_the_skype_highlighting. This message was sent from SERDP-ESTCP to kimberlv.watts@us.arrnv.mil. It was sent f`rom; SERDP-ESTCP Support Office at HGL, 11107 Sunset Hills Road, Suite 400, Reston, VA 20190. You can modify/update your subscription via the link below. Email Marketing by iContact - Try It Freel To be removed click here 1 Attached file| 77KB 1. FY12 ESTCP Enerqv BAA Descrir)tion.odf Download Z/l Re: 3 page info TO: 1 Morel recipient CC: recipientsYou More BCC: recipientsYou Hide Details FROM: » cmenergies@yahoo.com TO: o Paul Bechtel Message flagged Friday, March 11, 2011 12116 PM Paul, somehow my phone does not have you programed in. Can you call me? 512-845-0252 begin_of_the_skype_highlighting 512-845-0252 end_of_the_skype_highlighting. Sent from my BlackBerry® smartphone with Nextel Direct Connect _~r_,.,,_- Fr m: "Paul Bechtel" bechtel-scom> Da er Fri, ll Mar 2011 l 135122 -060() To: "cmenergi§§'., Subject: RE: 3 pag€info Are you opposed to me using any of the photos that you send me in talking with individuals from the Army, Air Force, or Corps of Engineers ? you sent me photos of your new blades and photos of the unit in the supplemental data document Thanks in advance Paul B From: cmenergies [mailto:cmenergies@yahoo.com] Sent: Monday, March 07, 2011 7:02 PM To: paul bechtel Subject: 3 page info Paul, I have to be in San Marcos all day tomorrow. I am leaving around 0830. Let me know before that if you need more or there needs to be changes I left this in word so you can edit if you have to. Charlie Malouff CM Energies P.O. Box 5337 Jonestown, TX 78645 512.'796.7000 begin_of_the_skype_highlighting 512.796.7000 end_of_the_skype_highlighting www.cmenergi es.com All non-Operations mail should be addressed to: CM Energies P.O. Box 118 Cedar Park, Texas 78630-0118 Privileged and Confidential Communication The information contained in this e-mail message may involve confidential and privileged material that is solely transmitted for the purposes of the intended recipients If the reader of this message is not an intended recipient, or if this message has been inadvertently directed to your attention, you are hereby notified that you have received this message and any attached documents in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited If you have received this message in error, please notify us immediately by return e-mail and delete and destroy all copies of the original message .. v.re» ».`q/.,' 4 w TO: 1 Morel recipient CC: recipientsYou More BCC: recipientsYou Hide Details FROM: 0 cmenergies@yahoo.com TO: ~ Paul Bechtel Message flagged Wednesday, March 16, 2011 10:20 PlVl Ok. Thanks. Sent from my BlackBerry® smartphone with Nextel Direct Connect From: "Paul Bechtel" Date: Wed, 16 Mar 2011 22:22:07 -0500 To: 'cmenergies' Subject: RE: data Ok. Our pencils down deadline is Friday. We will look for it. P From: cmenergies [mailto:cmenergies@yahoo.com] Sent: Wednesday, March 16, 2011 10:10 PM To: Paul Bechtel Subject: Re: data Paul, We are going to get you somethingl! It may be late, but we will have something you can take to them. Charlie Malouff CM Energies P.O. Box 5337 Jonestown, TX 78645 512.796.7000 begin_of_the_skype_highlighting 512.796.7000 e`nd_of_the_skype_highlighting www.cmenergies.com All non-Operations mail should be addressed to: CM Energies P.O. Box 118 Cedar Park, Texas 78630-0118 Privileged and Confidential Communication The information contained in this e-mail message may involve confidential and privileged material that is solely transmitted for the purposes of the intended recipients If the reader of this message is not an intended recipient, or if this message has been inadvertently directed to your attention, you are hereby notified that you have received this message and any attached documents in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited If you have received this message in error, please notify us immediately by return e-mail and delete and destroy all copies of the original message --- On Wed, 3/16/11, Paul Bechtel wrote: From: Paul Bechtel Subj ect:. data TO: Cl'l'l€n€l`gl€$j@§fahOO.COm Date: Wednesday, March 16, 201 i, 9;31 PM _Hi Charlie I don’t need an answer tonight, but in talking with energy gurus in the military, I am getting this: 0 There is a lot of competition ¢Although this all looks promising, I arn concerned that if we cannot show performance.results..then they may not consider this under the ESTCP pro gram. . .they have limitations 31 0 In a stack of proposals.those with some real validation data against those that do not ...... those with some proveout data in hand will probably be selected We anticipated completing the proposal Friday. If you could get me something Thursday, that would be great. Thank you. Paul b 7)7/ competitors TO: 2 More2 recipients CC: recipientsYou More BCC: recipientsYou Hide Details FROM: o cmenergies TO: o paul bechtel o steve winton Message flagged Friday, March 18, 2011 4:40 PM Paul and Steve, We are pretty familiar with most of the vertical wind competitors When I bring on new people we search them out then chew them up. Capabilities, cost, american to chinese, etc...let me know who we are up against and Ill tell you what we know. thanks Charlie Malouff CM Energies P.O. Box 5337 Jonestown, TX 7 8645 512.796.7000 begin_of_the_skype_highlighting 512.796.7000 end_of_the_skype_highlighting WWW.CIT!€H€I‘glCS.COlTl All non-Operations mail should be addressed to: CM Energies P.O. Box 118 Cedar Park, Texas 78630-0118 Privileged and Confidential Communication The information contained in this e-mail message may involve confidential and privileged material that is solely transmitted for the purposes of the intended recipients If the reader of this message is not an intended recipient, or if this message has been inadvertently directed to your attention, you are hereby notified that you have received this message and any attached documents in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited If you have received this message in error, please notify us immediately by return e-mail and delete and destroy all copies of the original message 571 Re: Afghanistan TO: l Morel recipient CC: recipientsYou More BCC: recipientsYou Hide Details FROM: o cmenergies TO: o Paul Bechtel Message flagged Monday, September 12, 2011 12:09 PM ls this through an American solicitation? Quazi (Martech) is focusing on Asia right now. Morocco, Bangledesh, Philippines, Malaysia. I am open to Afghanistan. Charlie Malouff CM Energies P.O. Box 5337 Jonestown, TX 78645 . 512.796.7000 begin_of_the_skype_high]ighting 512.796.7000 end_of_the_skype_highlighting www.cmenergies.com All non-Operations mail should be addressed to: CM Energies "_~ ‘ ~~~‘~~~ ~' ~~ ~»~ ' 7 - .____ _______ r. n P.O. Box 1 18 Cedar Park, Texas,,7_863.0;0118 _ Privileged and Confidential Communication The information contained in this e-mail message may involve confidential and privileged material that is solely transmitted for the purposes of the intended recipients If the reader of this message is not an intended recipient, or if this message has been inadvertently directed to your attention, you are hereby notified that you have received this message and any attached documents in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited If you have received this message iri error, please notify us immediately by return e-mail and delete and destroy all copies of the original message From: Paul Bechtel To: cmenergies@yahoo.com Sent: Monday, September 12, 2011 12:03 PM Subject: Afghanistan' ~“ . ,_ 3b1 Do you have any interest in supplying energy in Afghanistan ? |f so, would We be able to strike an agreement like the one we just signed for work for govt, schoo|s, etc in Afghanistan ? ls that an area that we can work together in ? l may be able to develop opportunities there in the near term, if this is an area that is of interest to you. l am stuck on calls until about 3. |f you have time, We can talk this Week at your convenience Paul Bechtel MARKET]NG AND TEAl\/I]NG AGREEMENT THIS AGREEMENT is entered into this 16th day of August (the “Effective Date”) between PB&A, lnc. (f/k/a Bechtel-S Corporation) a Texas corporation (hereinreferred to as “PB&A ” or "Prime'), having an office at 701 Lavaca Street, Suite 607, Austin, Texas 78701, and CM Altemative Energies lnc.(hereinafter referred to as “CM ENERGIES” or “Subcontractor”) having an address at P.O. Box 5337 Jonestown, Texas 78645 , collectively referred to hereinafter as "the parties." RECITALS: l. WHEREAS, the parties wish to enter into a relationship for the marketing, sales manufacturing installation and maintenance of CM ENERGIES wind energy systems as they may exist'now or in the future, together with any_improvements, components or related equipment (the “Systems”) to various agencies of the U.S. Government, to include the U.S. Military and their NATO affiliates (the “Govemment Market”) ‘ WHEREAS, PB&A has marketing capabilities familiarity with the Government Market, and engineering capabilities WI~[EREAS, CM ENERGIES has capability to manufacture, install, and maintain CM ENERGIES wind energy systems NOW, THEREFORE, the parties agree as follows: l. Marketing PB&A shall have the exclusive right to market and sell the Systems in the Government Market. PB&A shall use its reasonable efforts to market the Systems in the Government Market, in a manner that it deems appropriate PB&A does riot guarantee that any sales will be made and does not promise any level of sales or profits for CM ENERGIES. Supply. During the Term, and during the term of any contract entered into in the Government Market, CM ENERGIES shall manufacture deliver, install, and maintain the Systems pursuant to contracts in the Government Market. Such contracts typically require such equipment to supply energy for twenty years Allocation of Work. The parties’ respective anticipated roles and responsibilities are more specifically described in Exhibit A. Designated Representatives. The parties shall each designate one or more individuals within their respective organizations as their representative(s) responsible for directing performance of the parties’ obligations under this Agreement. Terms of Proposals. Proposals submitted to the Government Market for the supply installation and maintenance of the Systems shall include the terms described in Exhibit A, unless otherwise agreed between the parties The parties acknowledge that contract terms are subject to negotiation of a contract with each customer in the Government Market. Warranties by CM ENERGIES. CM ENERGIES warrants to PB&A and to any purchaser that the Systems shall conform to their applicable specifications, will be free of defects in design or Workmanship, shall be merchantable and fit for their intended purpose, and that CM ENERGIES services shall be in conformance with professional standards in the industry. "[his warranty is in addition to any other warranty or guarantee that CM ENERGIES may make This warranty shall continue throughout the term of this Agreement 301 and shall extend through the term of any customer contract Each customer is an intended third party beneficiary of this warranty. Joint Submission of Proposals. PB&A and CM ENERGIES agree to jointly submit proposals to prospects for opportunities identified by PB&A. PB&A shall be prime, and CM ENERGIES shall be subcontractor in all proposals for projects generally designed to demonstrate the capability of the CM Energies systems These projects require five or less systems to be installed to demonstrate capability. CM Energies shall contract directly with the government to supply energy through long term, typically 20 year contracts to supply electricity where CM Energies and PB&A would be compensated through the sales of electricity by the kwh. Our goal is to sell and install enough units in a given geographical area, to make maintenance efficient PB&A shall lead all proposals for the government CM Energies shall support proposals to the government ' (a) The Prime proposal will identify Prime as the proposed prime contractor and Subcontractor the Subcontractors primarily responsible for the areas specified in Paragraph (c), below. (b) Subcontractor will support Prime and the other Subcontractors during its proposal ef`fort, specifically in the area(s) specified in Paragraph (c) below. Prime will provide Subcontractor, within two weeks after submittal of the proposal, a copy of those unclassified portions of the technical proposal submitted to the Government by Prime which embody the areas for which Subcontractor is responsible (c) The definition and scope of work to be performed by each of the parties is set forth in detail and contained in Exhibit A of this Agreement. (d) lf the Prime proposal results in Prime obtaining a prime contract award for the supply, installation, and/or maintenance of the Systems, (the “Program”), Prime will, subject to any consent required by the Government and unless the Government directs otherwise, offer a subcontract to Subcontractor in the areas specified in Exhibit A to be explicitly defined in a subcontract Statement of Work, to the extent such work and funding for it is included in the prime contract (e) Any subcontract shall be subject to the mutual agreement of Prirne and Subcontractor relative to terms and conditions including price and delivery schedule, except that it shall contain clauses required by the applicable Government procurement regulations and the prime contract The parties hereto agree to negotiate in good faith to achieve such mutual agreement If necessary to preserve schedule, Subcontractor shall accept a Letter Contract which shall contain all the aforementioned required provisions and shall be subject to further negotiation and definitization. (f) CM ENERGlES agrees to submit to PB&A in support of its proposal, cost and pricing data including basis of estimates as required by the RFP or by law or regulation in sufficient detail to allow PB&A to negotiate subcontracts with CM ENERGIES and'to submit and negotiate proposals with the Government CM ENERGIES shall adhere to all of the requirements and certification of the RFP regarding accurate, current and complete pricing data. CM ENERGIES shall submit its price proposal to PB&A in sufficient time to allow PB&A to review the proposal and incorporate it into the cost proposal to the customer. In the event PB&A changes any portion of the proposal prepared by CM ENERGIES, such changes '9“1 8. 10. will be submitted to CM ENERGIES for review and approval prior to incorporating the changes in the proposal. (g) CM ENERGlES is familiar with, and will comply with, the requirements of subsection 27(a) of the Office of F ederal Procurement Policy Act (41 U.S.C. 423) as implemented in the Federal Acquisition Regulation (FAR), and will report immediately to PB&A any information concerning a violation or possible violation of subsections 27(a), (b), (c), or (e) of such Act, as implemented in the FAR pertaining to this procurement; and will deliver an executed certification(s), in a form acceptable to PB&A, reflecting conformance with the matters specified above to PB&A upon PB&A’s request (h) PB&A will have primary responsibility for the conduct of marketing activities related to the proposal, and CM ENERGIES agrees to provide such reasonable complementary marketing support as PB&A shall deem necessary and request PB&A shall be the sole contact with potential customers concerning any contract or proposal. CM ENERGIES shall not make any presentation directly to the Customer or communicate with the Customer unless PB&A has approved the presentation in advance of making the presentation. (i) PB&A and CM ENERGIES each will bear all their own expenses costs risks and liabilities arising out of its respective proposal and'marketing efforts and any other efforts performed under this Agreement and neither will make any claim or charges against the other, except to the extent that any of such shall be properly includable and allowable in its indirect cost allocation to contracts and subcontracts Exclusivi§g. CM ENERGIES shall not, during the term of this Agreement, associate or team with or provide proposal support, services or information to any third party regarding the sale of the Systems to the Government Market, except with the prior written consent of PB&A. \ Confidential Information. During the course of this Agreement either party may exchange or disclose to the other information and data which it considers to be proprietary. In such event the disclosure and use of all proprietary data shall be in accordance with the Reciprocal Non-Disclosure Agreement dated 8 November 2010. (a) Data jointly developed for the purpose of this proposal shall be the joint property of the parties and, except as otherwise provided for in this Paragraph (a) neither party, without the consent of the other, shall disclose or publicize such information or data for a period of three years (3) from the date of this Agreement. The foregoing restriction shall not, however, preclude the submission of information or data to the United States Government in support of proposals submitted under this Agreement, provided appropriate restrictive legends are utilized in connection with such disclosures (b) The obligations of Paragraph 9 shall survive any termination of this Agreement. lnventions. Any invention jointly conceived or jointly first actually reduced to practice by employees of CM ENERGIES in the course of the the project shall be owned by CM ENERGIES. CM ENERGIES shall have the exclusive right to file a patent application thereon. Any invention conceived or first actually reduced to practice solely by employees of PB&A in the course of the project shall be owned by PB&A. These include patentable, unpatentable, and copyright adaptations to the appearance and functionality of the Systems. PB&A shall have the exclusive right to price and provide provide these adaptations and ga ll. 12. 13. services and to patent such inventions where applicable If such adaptations are desired by the government PB&A shall be compensated for adaptations through direct pricing additions in proposals the government or agreed upon increase in compensation from CM ENERGIES above that stated in Exhibit A, Section l.4. (a) With respect to inventions conceived in the course of the project by employees of one party only, such party shall have the entire right title and interest in such inventions and the exclusive right to file patent applications thereon in its own name, subject to a royalty-free, non-exclusive and irrevocable license (without the right to grant sublicenses) to make, have made, use and sell the invention granted to the other party for use only in the project contemplated by this Agreement and the performance of resultant contract(s) to the extent set forth in said contract(s). Publicig. The parties will agree on a joint press release announcing their collaboration. No publicity or advertising shall otherwise be released by either Prime or Subcontractor in connection with this Agreement or any proposal contemplated hereby without the prior written approval`of the other, such approval not to be unreasonably withheld or delayed Neither party, however, shall be precluded from revealing to the Government the existence and contents of this Agreement. In the event of any contract award of the type contemplated by this Agreement Subcontractor shall not make any releases for publication in media intended for public circulation without Prime's prior approval thereof Any such public announcement release or disclosure shall give due credit to the contributions of each party. ' Relationship of Parties. Each party hereto shall act as an independent contractor, and this Agreement shall not constitute, create, give effect to or otherwise recognize a joint venture, pooling arrangement partnership, or formal business organization of any kind No relationship, other than that created by and set forth in this Agreement shall be intended or established by any reference to the parties operating as a "Team" or as "Team Members." Termination of a Proposal. The parties’ obligations shall terminate with respect to any proposal submitted in the Government Market upon the happening of the earliest of any of the following: (a) Notice from the Government that the prime contract for the relevant procurement will not be awarded to the PB&A/CM ENERGIES Team; (b) Award of a subcontract by Prime to Subcontractor under a prime contract awarded to Prime in relevant procurement (c) Cancellation of the RFP for the procurement by the Government or changes to the anticipated requirements of the contemplated RFP for the procurement to such an extent that the objectives of this Agreement are no longer practical for the procurement (d) Mutual agreement in writing of the parties hereto; (e) Expiration of a period of eighteen (18) months from the effective date of the RFP; (f) F ailure of the parties to agree upon subcontract terms and conditions after negotiating in good faith for a reasonable tirne, upon the providing of five (5) days' advance written notice by one party to the other party; 3”1 14. 15. 16. l7. 18. 19. 20. 21. (g) Failure of either party to perform any task as set forth in Exhibit "A" of this Agreement. (h) Liquidation or bankruptcy of either Party. Term. Unless earlier terminated as provided below, the initial term of this Agreement (the “Term”) shall be five years beginning on the Effective Date, and this Agreement may be renewed for additional terms of five years upon the mutual written agreement of the parties Termination. (a) This Agreement shall terminate at the end of its term, including any renewal term, (b) In addition to such other remedies as_it may have, either party may terminate this agreement for breach by the other party'of this Agreement or any contract or subcontract issued as a result of the parties’ efforts under this Agreement upon thirty (30) days notice and opportunity to cure. Suspension or debarment shall _ constitute a breach. Survival. The parties’ obligations with respect to confidentiality and intellectual property, and CM ENERGIES’ indemnification obligations hereunder, shall survive termination of this Agreement. Termination of this Agreement shall not affect any claim or cause of action that has accrued prior to termination Termination of this Agreement shall not terminate the parties’ obligations under any contract or subcontract with a customer. Entire Agreement. Other than confidentiality agreements executed between the parites prior to the execution of this Agreement this Agreement and Exhibits contain the entire Agreement of the parties and supersedes any previous understanding commitments or agreements oral or written, with respect to the subject matter hereof. Amendment. This Agreement may not be amended unless set forth in a document executed by duly authorized representatives of both parties The failure of either party to insist upon performance of any provision of this Agreement or to exercise any right remedy or option provided herein, shall not be construed or deemed as a waiver of the right to assert any of the same at any time thereafter. Waiver. 'No waiver of any right or provision of this Agreement shall be effective unless in writing and signed by the waiving party. Severability. lf any term, condition, or provision of this Agreement is held or finally determined to be void, invalid, illegal or unenforceable in any respect in whole or in art such term, condition or provision shall be severed from this Agreement and the remaining terms and conditions shall continue in force and effect Assignment. Neither party may assign or transfer its interest hereunder without the prior written consent of the other, such consent shall not be unreasonably withheld Any such assignment novation or transfer by one party not in accordance with this provision shall be a material breach of this Agreement and shall be grounds for immediate termination thereof by the non-breaching party. This Agreement shall inure to the benefit of`, and shall be binding upon, the parties’ successors and assigns ‘ 22. 23. 24. 25. GOVERNING LAW. THlS AGREEMENT AND THE INTERPRETATION THEREOF SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS. This Agreement will be interpreted and the rights of the parties construed in accordance with Texas law, and any litigation concerning this agreement shall be limited and confined exclusively to the appropriate state or federal court located within the state of Texas. Dispute Resolution. (a) Mediation; Arbitiation. The parties shall endeavor to settle all claims controversies or disputes arising out of or relating to this Agreement including without limitation any claim, controversy, or dispute concerning any determination, negotiation or agreement to be reached by the parties under this Agreement (hereinafter, the “Dispute”) by mediation The parties shall bear the costs of the mediation equally. (b) Breach of Confidentiality. The parties acknowledge that the unauthorized disclosure of any information required to be kept confidential pursuant to this Agreement will give rise to immediate irreparable injury to the party that owns the information Notwithstanding the Dispute Resolution provisions contained herein, each party may obtain immediate and injunctive relief against the breach or threatened breach by the other party of the covenants to keep such information confidential Limitation of Liability.v EXCEPT FOR CM ENERGIES’ INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF ADVISED OF SUCH POTENTIAL LOSS OR DAMAGE. INDEMNITY BY CM ENERGIES. CM ENERGIES shall indemnify, defend, and hold harmless PB&A, its shareholders directors employees agents representatives successors and assigns (“Indemnijied Parties”) for any and all claims damages suits actions judgments liabilities defaults costs and expenses (including reasonable attorneys and experts fees and costs) arising under tort contract common law, breach of warranty, strict liability, statute, or other theory (“Claims”) asserted against or incurred against such Indemnified Party as a result of (a) any infringement by the System or its operation of any intellectual property right of any person; (b) any strict liability or products liability claim related to the System or its operation; (c) any failure of the System to perform as warranted or as specified in any contract; (d) any bodily injury, including death, and any property damage caused in whole or in part by any agent or representative of CM ENERGIES or its contractors or subcontractors (e) any bodily injury, including death, and any property damage sustained by any employee, agent or representative of CM ENERGIES or its contractors or subcontractors (f) any breach of contract and any misrepresentation or breach of warranty by CM ENERGIES. (Signature page follows.) lift lN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective as of the day and year above provided PB&A, Inc. __ Cl\'f Altemative Energies lnc._ By: %¢/.,-7/ ¢Yf/¢%L By: Name: _'//”67#’¢/'/ ,3€0~%7‘€/ Name: rule j'?n-a a/a/~az? rule Date: 2 ?":/7‘ f Q~O// Date: Address for notice: Address for notice: PB&A _ CM ENERGIES >` 700 I..avaca, Suite 607 P.O. Box 5337 Au stin, 'l"exas 78701 Jonestown 'I`X 78645 IN Wl'lNESS WHEREOF. thc parties hereto have caused this Agreement to be executed effective as of the day and year above pro\~'idecl. PB&A Inc B_\," %JJJ/ .»&'/Z_.../ Name: 7?/`1// ,ZZ¢.>'z;-.éf€/ me 7!..» ,-a/¢.»,:z,‘. Dafef 2 ,l>;:/?`€f'];_/§ 7“' _,2_¢_’./'/ Addi'ess l`or notice: PB&A 700 I.avac a, Suite 607 Austin. lean 78701 C _\1 yAWpd \diiic;M;QlL_MAL@W FF 7 'Iille:é___`__ Eo Dalc:._._¢z g . Acltlress l`or noticc: (,`.M ENERGIES P.O. Box 5337 \ Jonestown '1`.»\{ 78645 APPROVAL CM ENERGIES/PB &A '1"F.AMING AGRF.EMENT 'l"hc attached Teaiiiirig Agreement. under which PB&A is a proposed team member and Cl\~f ENERGIES is a proposed team member for the Program, HAS Bl".i;`§\l REVIE\VF.U AND APPROVED BY: PB&A, lNC. CM ENERGlES ai$';z:z;-a¢-€‘:’ /Z/ ,ZZ~,”?:`"” Q-~__-_.~_‘='-=‘:""' " (Signature) (Signature) 7;7/ /:C>!;50 MAiL Classic __Re: Ellsworth AFB wind Energy Thursday, May 26,`2011 10:04 AM j From: "pbechte|@bechtel-s.'com" ' j j b v ` j _ To:' ""Cm enerqi_es Charkie rnalouff“ ` ` ' Thank you. p Sent from my Verizon Wireless BlackBerry From: cmenergies@yahoo.com Date: Thu, 26 May 2011 12:20:58 +0000 To: Paul Bechte| Rep|yTo: cmenergies@yahoo.com Subject: Re: E||sworth AFB Wind Energy Paul. On the road to NM. Sporadic phone and email 1. Faa: we are less than 200 feet. We can be as close as 225ft perpendicular to xenter of runwayi We are in taylor and have had no complaints in 4 mo at 1125 feet from airportm ` 2. Batteries will be designed to accomodate "back up" needs, ie, 3hr. 4hr. Etc.. 3. We just weathewred 2 SEVERE storms. We ground the tower. The inverters have not blown. So far l say no problem. That is what insurance and s and m is for. Sent from my BlackBerry® smartphone with Nextel Direct Connect From: "Paul Bechtel" Date: Thu, 26 May 2011 07:17:21 -0500 To: Cc: Steven Winton Subject: E||sworth AFB Wind Energy Char|ie: l have a few questions from E||sworth. Can you answer any of these ? . - Radar - what is our vertical limit based on FAA requirements ? - How long will the batteries run to provide power in no wind scenario? - Wil| lightning strikes affect the electronics ? Thank you. Wi|| have something to you this Week yet on cost. Paul B @f¢’( PROGRAM ANNOUNCEMENT FOR FY 2012 ENVIRONMENTAL SECURITY TECHNOLOGY CERTIFICATION PROGRAM (ESTCP)_ INSTALLATION ENERGY BAA Proposal Submission Instructions (Reference: BAA February l, 2011, U.S. Army Corps of Engineers Humphreys Engineering Center Support Activity) 1 . INTRODUCTION The Environmental Security Technology Certification Program (ESTCP) is the Department of Defense’s (DoD) demonstration and validation (Dem/Val) program for environmental and energy technologies ESTCP is soliciting proposals for demonstrations of energy technologies on DoD installations as candidates for funding beginning in Fiscal Year (FY) 2012. All proposals must respond to one of the topic areas described in Section 2 of this document Technologies appropriate for demonstration and validation will be sufficiently mature that all required laboratory or other proof-of-principle work has been completed Mature commercial technologies already in use are not considered appropriate for demonstration and validation. This Broad Agency Announcement (BAA) is for Private Sector organizations. DoD organizations (Services and Defense Agencies) wishing to submit proposals to ESTCP should refer to the DoD Call for Proposals (CFP). Other Federal agencies (non-DoD) should refer to the Non-DoD F ederal Call for Proposals. Details may be found on the ESTCP web site www.serdp- estoporg/Funding-Opportunities/ESTCP-Solicitations/lnstallation-Energv-Solicitation. 1.1 BACKGROUND The purpose of ESTCP Installation Energy technology demonstrations is to accelerate the deployment of innovative energy technologies that target DoD needs. ESTCP demonstrations are conducted under operational conditions at DoD installations The demonstrations are intended to generate supporting cost and performance data needed for validation of the technology. The goal is to enable promising technologies to receive end user acceptance and be fielded and commercialized more rapidly. To achieve this goal, ESTCP projects create a partnership between technology developers and DoD installations This program announcement is seeking proposals from the technology development community. The Department of Defense (DoD) spends approximately $4 billion per year on facility energy consumption to power and fuel over 500 military installations worldwide. These installations include over 500,000 buildings and structures as well as 160,000 non-tactical vehicles. The Department has three key installation energy goals: ¢ Reduce energy usage and intensity 0 Increase renewable onsite energy generation and 0 Improve energy security l BAA Proposal Submission Instructions 977 F or details on DoD’s energy management goals and status, see the DoD Strategic Sustainability Performance Plan at _ Www.acq.osd.mil/ie/download/green energy/dod sustainabilitv/DOD%2OSSPP-PUBLIC- 26Augl0.pdf. To achieve these goals cost effectively will require the increased deployment of advanced technologies ESTCP energy demonstrations are designed to meet these goals Demonstrations of energy technologies on military installations should accelerate the broader deployment of the innovative energy technologies across DoD by reducing real and perceived risks Newly developed pre-commercial and emerging commercial technologies are of interest. 1.2 REQUIREMENTS OF AN ESTCP PROJECT ESTCP Installation Energy projects must: l. Execute the technology demonstration to validate the technology’s performance and expected operational costs: 0 Each project develops a demonstration plan to govern the technical execution and management of the demonstration Guidance describing the requirements of the ESTCP Demonstration Plan can be found at Www.serdp-estcp.org/Investigator- Resources/ESTCP-Resources/Demonstration-Plans. The demonstration plan is reviewed and must be approved by the ESTCP Office prior to beginning any fieldwork. 0 Each project is expected to generate sufficient pertinent and high quality data to scientifically prove the validity of all claims made for the technology. 0 Cost and performance data will be collected during the demonstration(s) to allow realistic estimates to be derived for full scale implementation of the technology at the demonstration site and other DoD sites 2. Transfer the technology: 0 Identify and work with the intended DoD user community to achieve their acceptance and feedback on the usefulness of the technology. 0 Publish, as necessary, appropriate guidance, design, and/or protocol documents to assist the future implementation of the technology. 9 Publish a final report based on the ESTCP Final Report guidance at www.serdp_- estcp.org/Investigator-Resources/ESTCP-Resources/Technical-Reports. 0 Provide a draft cost and performance report for publication by ESTCP based on the ESTCP Cost and Perfonnance Report guidance at www.serdp-estcp.org/Investigator- Resources/ESTCP-Resources/Technical-Reports. ¢ Publish the results of the demonstration, when appropriate, in the scientific peer reviewed literature. Present results, as appropriate, at technical conferences Technologies selected for demonstration will be teamed with a DoD partner, who will be responsible for assisting in selecting the demonstration site, validating the technology’s cost and performance, interfacing with the user community, and supporting the transfer of the technology across DoD. Proposals with identified military installations willing to serve as the test site are encouraged but not required. 2 BAA Proposal Submission Instmctions al 1.3 GENERAL INFORMATION FOR PRIVATE SECTOR PROPOSERS Awardees under this BAA will be selected through a multi-stage review process, including a brief pre-proposal, a full proposal, and an oral presentation Based upon the pre-proposal evaluation by the Government, each of the pre-proposal submitters will be notified as to whether the Government requests or does not request the submission of a full proposal. Those submitters who are invited to submit full proposals but who do not have a DoD partner or a DoD demonstration site, will be assigned a liaison to assist in the identification of an appropriate demonstration site. Each full proposal submitter will be asked to make an oral presentation to the ESTCP Technical Committee. The costs associated with this initial, pre-award presentation shall not be included in the proposal cost estimate This cost is borne by the proposer. Based on evaluation of the written proposal and oral presentation each full proposal submitter will be notified as to whether the Government wishes to enter into negotiation for the award of a contract. Offerors are advised that only the Contracting Officer is legally authorized to commit the Government. ESTCP reserves the right to select for award any, all, or none of the proposals received. ESTCP also reserves the right to select a portion of the work proposed in any single proposal for award. There is no commitment by ESTCP to make any contract awards, nor to be responsible for any money expended by the offeror before contract award is made for a demonstration Due to the volume of pre-proposals received, the Government will not provide debriefs on those that are not requested to submit a full proposal. The solicitation will be managed by the ESTCP Office along with the U.S. Army Corps of Engineers’ Humphries Engineering Center Support Activity (HECSA) at Fort Belvoir, Virginia. F or contractual information please contact Ms. Susan Hill at HECSA 703 -428-6420 or by e-mail at Susan.M.Hill@usace.armv.mil. Procedural questions may be referred to Ms. Jina Banks- Saunders in the ESTCP Office at 703-696-2127. For technical questions regarding this announcement, contact Dr. Jim Galvin at James.Galvin@osd.mil, or by telephone at 703-696- 2121. . l.4 EVALUATION SCHEDULE Table 1. ESTCP Project Selection Schedule DATE ACTIVITY February 1, 2011 ' BAA / Call for Pre-Proposals Released March 24, 2011; 4 pm Eastern Time Pre-proposals Due to ESTCP Office Late June 2011 Request Full Proposals August 18, 2011; 4 pm Eastern Time Full Proposals Due to ESTCP Office Mid to Late September 2011 ' Bn'efings Before ESTCP Technical Committee October 2011 Project Selection March 2012 Award of Contracts / Project Initiation 3 ' BAA Proposal Submission Instructions §7/' »»;~»~. W,i.s.~. t . 2. DESCRIPTION OF PROPOSALS SOUGHT Candidate technologies suitable for demonstration on DoD installations are sought in the following topic areas: l. Smart Micro-grids and Energy Storage to Increase Energy Security on DoD Installations: Demonstration projects are sought for cost effective technologies to enable the design, development, implementation and management of micro-grids on Department of Defense (DoD) installations to meet DoD energy goals Desired energy security improvements and cost reductions occur through increased efficiency and control of the use and management of energy generated and stored on DoD installations Micro-grid applications may occur at the building level, installation level, or across a region of DoD activities The DoD seeks proposals that demonstrate innovative technologies or new combinations of technologies to meet energy security goals by increasing the usage of micro-grids and energy storage Renewable Energy Generation on DoD Installations: Demonstration projects are sought for cost effective technologies to increase renewable energy generation on DoD installations to meet DoD energy goals Desired energy security increases occur through assured access to reliable sources of base load and intermittent energy generated on DoD installations The DoD seeks proposals that demonstrate innovative but technically mature technologies to meet energy security goals by increasing the amount of renewable energy generated on installations Technologies of interest include, but are not restricted to: Geothermal, Waste to Energy, Biomass, and Solar. Renewable energy generation projects that leverage private third party financing are of particular interest. Advanced Component Technologies to Improve Building Energy Efficiency: Demonstration projects are sought for cost effective component technologies to increase energy efficiency in DoD buildings to meet DoD energy goals Energy reductions will occur through increased efficiency in both retrofit and new construction by exploiting emerging component technologies The DoD seeks proposals that demonstrate 4 innovative but technically mature technologies Proposed technology demonstration should explicitly identify the need and value of conducting the demonstrations on a facility. Technologies of interest include, but are not restricted to: Heating, Ventilation and Air Conditioning, Windows, Roof Systems, Building Envelopes, Lighting, and ’ Waste Heat Recovery (for heating or cooling). Integrated demonstrations of combinations of technologies are also of interest. Advanced Building Energy Management and Control: Advanced building controls play a significant role in improving building energy performance Desired energy cost reductions occur through increased efficiency in commissioning, diagnostics, and operations The DoD seeks proposals that demonstrate innovative technologies or combinations of technologies to meet energy goals by increasing the performance of DoD buildings BAA Proposal Submission Instructions ‘F’b 5. Tools and Processes for Design, Assessment and Decision-making Associated with Energy Use and Management Demonstration projects are sought for cost effective technologies to enable building managers facility managers regional managers and/or DoD portfolio managers the ability to improve decision making related to energy usage and investments Advances are needed both in the design of new buildings and in the identification and design of major retrofits. Desired energy cost reductions occur through improved understanding of energy usage, energy needs and opportunities Managers often lack adequate information and analytic tools to make optimal decisions The DoD seeks proposals that demonstrate innovative technologies to meet energy goals by increasing the performance of decision makers at all levels of the energy usage and management system. Mature technologies with well established operational cost and performance criteria are generally not appropriate for ESTCP. Standard commercially available approaches currently deployed in the United States will likely be too mature Proposed technologies and methods should have completed all proof-of-principle work. Specific DoD site(s) may be suggested in the pre-proposal but are not required to be identified until submittal of the full proposal ESTCP supports demonstration at a scale sufficient to determine the life-cycle operational cost and performance of the technology and its potential contribution to DoD energy security. BAA Proposal Submission Instructions »,]~". 3. FREE-PROPOSAL INSTRUCTIONS To be eligible for consideration readers wishing to respond to this announcement must submit a pre-proposal. Any pre-proposal submitted shall be in response to only one of the topic areas set forth in Section 2 of this document The pre-proposal must concisely describe the technology, including its level of development or maturity, and its cost/benefit. Specific DoD site(s) may be suggested in the pre-proposal but are not required. 3.1 COVER PAGE Each pre-proposal must include a completed ESTCP cover page prepared via the web site at ht_tps://semsserdp-estcp.org. As you make entries in the cover page, you may save data that has been entered or submit a completed cover page When the cover page has been submitted, a pre- proposal number will be generated and you will receive on-line confirmation From the “My Cover Pages” screen click “view” to review, print, and sign your cover page for inclusion as the first page of the electronic proposal Pre-proposals lacking this cover page or with an unsigned cover page will be considered nonresponsive A cover letter beyond this cover page is neither required nor desired. 3.2 PRE-PROPOSAL LENGTH AND STYLE Pre-proposals should be no longer than five (5) pages single-sided, and type face not less than ll point. All margins (top, bottom, left, and right) should not be less than 1 inch. A one page curriculum vitae is required for each of the principal performers One attachment of up to three single-sided pages of supporting data may also be submitted. The cover page, curricula vitae, literature references and supporting data are not included in the 5 page limit. 3.3 PRE-PROPOSAL CONTENT The pre-proposal must contain the following information: , l. Short Descriptive Title 2. ESTCP Top_ic Area: Each proposal must list the topic area title as described in Section 2: l) Smart Micro-grids and Energy Storage to Increase Energy Security on DoD Installations; 2) Renewable Energy Generation on DoD Installations; 3) Advanced Component Technologies to Improve Building Energy Efficiency; 4) Advanced Building Energy Management and Control; or 5) Tools and Processes for Design, Assessment and Decision-making Associated with Energy Use and Management 3. Lead Organization: Project lead, organization address telephone number, fax number, and e-mail address 6 BAA Proposal Submission Instructions 95 4. Problem Statement: Clearly state the problem the technology demonstration is addressing and its relevance and importance to DoD. Identify the current approach (if one exists) for this problem and discuss its shortcomings 5. Technology Description: The technology description should include the following information: a) Technical Objecl'ives. Briefly state the objective of the proposed effort. b) Technology Descrz'ptz`on. Describe the technology in sufficient detail to provide an accurate and factual understanding of its theory, functionality, and operation If appropriate provide an overall schematic of the technology. Discuss how the technology is innovative c) Technology Maturity. Provide evidence the technology is mature enough for demonstration (include references and funding history). Discuss any development or design work that is required prior to demonstration d) Technical Approach. Provide a broad overview of the experimental design of the demonstration proposed for evaluating the technology. Discuss the major elements of the demonstration and identify the key aspects of the overall approach as they relate to the evaluation of the technology. Include a brief description of a proposed site(s), if known or the desired site characteristics Discuss the scale of the proposed tests and any design work that will be required prior to demonstration Identify specific technical or performance objectives to be validated. Identify methods for measuring and assessing the performance and expected operational costs of the technology. Describe criteria for success of the demonstration and the technology. Describe the j technical approach in terms of tasks to be accomplished e) Technical Rz`sks. Identify potential issues of concern and technical risks in taking the l technology from the research phase to the proposed scale of the demonstration Identify any assumptions that have been made that, if not realized, could impact the success of the proj ect. Discuss how risks will be managed. lf the demonstration is not at full scale, discuss any scale-up issues that will remain at the conclusion of a successful demonstration f) Relatea’ Ej§‘orts. Provide information on any relationship to other similar projects Identify funding sources for these efforts 6. Expected DoD Benefit: Describe the expected benefit in terms of energy security, energy savings and/or reduced cost. Assess the benefit per site or implementation Provide realistic projections of the number of DoD sites or facilities where the technology could be deployed. Discuss how the information obtained from the demonstration will enable adoption of the'technology throughout DoD. Estimate the expected return on investment and the time for payback. Discuss the life cycle cost advantages over current approaches 7i Schedule of Milestones: Provide a project schedule with expected milestones and deliverables for duration of the project in the form of a Gantt chart. Ensure that all required deliverables are included in the Gantt chart. Required deliverables are found in the reporting guidelines at www.serdp-estcp.org/Investigator-Resources/ESTCP- Resources. 8. Technology Transition: Describe the method by which the technology will be transitioned to end user(s) or commercialized. Specify how technology transfer methods will differ to reach appropriate audiences (i.e., energy managers consultants etc). BAA Proposal Submission Instructions 10. Describe any proposed guidance, design and/or protocol documents that will assist in future implementation Explicitly identify potential first DoD users and follow-on implementation If there are known institutional or regulatory barriers that effect the transition they should be described in this section along with recommendations for addressing these barriers ‘ Performers: List the name and organization of the lead person(s) for each organization involved in the proposed demonstration and their expected contributions Provide a one page curriculum vitae for each of the performers (not included in the five page pre- proposal count). Funding: State the level of requested funding per year for the duration of the project, including any design work. Identify costs for any major equipment to be purchased. Although identification of a specific demonstration site is not required for pre-proposals include an estimate for the cost for a representative field demonstration of the technology. Ensure adequate funds are requested to meet all reporting and travel requirements ESTCP reporting requirements are available at www.serdp-estcp.org/lnvestigator- Resources/ESTCP-Resources. List other sources of expected funding to support the demonstration and leveraged resources Provide a Point of Contact (POC) and telephone number for each leveraged resource listed. 8 BAA Proposal Submission Instructions §’l 4. SUBIVHTTAL INSTRUCTIONS Your proposal will be considered officially submitted upon the on-line submission of a PDF of your complete proposal package via WebPTS. No hard copies are required. Pre-proposals must be submitted prior to 4:00 PM Eastern Time on March 24, 2011. **NEW** Electronic Proposals are now uploaded through WebPTS. Once your proposal has been finalized, create a single PDF that contains all required sections Make sure to insert the signed and scanned cover page as the first page of the PDF. You are now ready to upload your proposal to the web site o Log in to SEMS at https://sems.serdp-estcp.org and go to the WebPTS Tab. 0 Follow the on-screen instructions You must SUBMIT your cover page before the proposal upload function will be activated Once your proposal has been uploaded you will receive an on-line confirmation message NOTE: Instructions for creating your Cover Page can be found in Section 3.1. You may continue to modify your cover page and upload revisions to your proposal until the due date Should you need to re-upload a proposal or revise your cover page, select “Edit” and follow the instructions Make sure any changes to the cover page are made first. Prior versions of your proposal will be overwritten and only the last version uploaded will remain in the system. F or WebPTS or Proposal Upload questions contact Amy Kelly at Amy.Kelly.ctr@osd.mil or by telephone at 910-579-8052, or the ESTCP Office at 703-696-2127. 9 BAA Proposal Submission lnstructions 5. FULL PROPOSAL After evaluation of the pre-proposals ESTCP will contact all submitters and either request or not request each to submit a full proposal At that time, detailed instructions will be provided for the full proposal format If necessary, ESTCP will coordinate and schedule a partnering meeting with an appropriate DoD partner to provide input for the full proposal including, but not limited to, selection of a DoD demonstration site Full proposals may not be submitted outside the pre- proposal process Any full proposal that has not been reviewed in the pre-proposal phase will not be evaluated nor considered for award under this BAA. 10 BAA Proposal Submission Instructions S‘l 6. EVALUATION FACTORS FO`R PRE-PROPOSALS AND FULL ' PROPOSALS The following evaluation factors will be the sole basis for reviewing pre-proposals and full proposals submitted in response to this BAA. Relevance and technology maturity are pass/fail criteria: proposals not passing these gates will not be further evaluated. Among the evaluation factors Technical Merit is most important, followed by Cost/Benefit, Transition Potential, and Cost. Small Business Participation will be a factor for the full proposal only and will be smaller than Cost. RELEVANCE An assessment will be made whether the submission responds to the DoD requirement as described in Section 2. TECHNICAL MATURITY An assessment will be made of the appropriateness of the proposed technology for demonstration and validation Proposed technologies should have completed required proof-of-concept work and have evidence of the technology’s capabilities Technologies should be mature enough that within one year of project initiation any required design work will be completed and a field ready application can be deployed for testing. Standard commercially available technology or approaches currently deployed at DoD sites will be considered too mature ESTCP will not consider project submissions that fall in the categories of basic research (scientific foundation) or exploratory development (bench scale applied research). TECHNICAL MERIT An assessment of the technical merit of the proposal will be made F actors to be considered include: (a) the methodology is scientifically sound; (b) the technology is innovative and is the current state-of-the-art; (e) the technical risks are well characterized; and (d) the technical team is qualified to execute the proposed project. COST/BENEFIT OF TECHNOLOGY An assessment as to the cost/benefit of the proposed technology, if it were deployed, will be made F actors to be considered include: (a) the projected cost savings and/or risk reduction are significant; (b) the projected benefits are reasonable and consistent with the proposed technology; and (c) the payoffs from the proposed technology are commensurate with the projected costs and risks ' TRANSITION POTENTIAL An assessment as to the potential for a successfiil transfer of the technology to the DoD user will be made F actors to be considered inclu‘de: (a) there is a well defined DoD user for the technology; (b) there are clearly identified activities that will support and enhance the transfer of the technology; and (c) the technology can be implemented within DoD. ll BAA Proposal Submission Instructions ca 4 .,i.:r..w- ..-i -_-..» .-,rzcv»»,-nm . COST OF PROPOSAL An assessment as to the reasonableness of the proposed cost will be made Costs should be appropriate and traceable to the level of effort required to execute the project. SMALL BUSlNESS PARTICIPATION The government goal is that small business participation represents 5 percent of the total contract value The government encourages offerors to propose a goal of 5 percent or greater small business participation The overall goal accomplishment shall be met through collective small business participation from any type of small business or sub-category small business Large and small business will be evaluated on the basis of: (a) the extent to which small business firms are specifically identified in proposals (b) the complexity and variety of the work small firms are to perform; (c) the extent of participation of small business firms in terms of the value of the total acquisition and the extent of which the proposals meet or exceed the small business 5 percent participation goal for this acquisition Along with applicable qualifications capabilities demonstrated achievements and proposed commitment to the project by the small business these items will be examined and assessed when full proposals are evaluated. 12 BAA Proposal Submission lnstructions 01 Company Expedence Services PB&A, Inc. is an engineering and environmental services company performing work for DoD, US Army Corps of Engineers, AFCEE and industry. Our staff is responsive flexib|e, and ready to deliver the product, approach, or solution to meet our client's ` most pressing needs Our responsiveness is what sets us apart. Engineering Services Our engineering services include design of soil, water and groundwater remediation projects landfills site-work, water/wastewater projects and general construction oversight We have completed successful projects from Central America to Africa. Envlronmental Services We offer a complete set of environmental services including environmental restoration, compliance and planning, permitting, military munitions response program support and groundwater resources We've spent our careers simplifying the -complexity of environmental regulations and developing close working relationships with regulatory agencies Management and Professlonal Services Our management and professional services include quality assurance and oversight of Restoration, Compliance and Military l\/|unitions Response Programs for DoD. We also provide |T support, staff augmentation, classified services and paper to website systems Services ~ Overview Company Expedence Services Home ©2011 PB&A, lnc. All Rights Reserved. Company Expedence Services Home 01/ Projects We help wherever and whenever we can. We have proven that we can handle unique situations and challenges By serving in our clients best interests and being open to all ideas we have a surprisingly ability to get things done Civil Engineering Design Design of water supply, landfill facilities and wastewater systems for several Honduran cities Design of an industrial landfill cover and a municipal landfill Water Resources Water resources'assessment (dams, pump stations treatment, and storage) for several Honduran cities Development of groundwater resources in southern and eastern Africa using radioisotope techniques Design and Construction Management Landfill upgrade at a DoD installation Buildings/structures including an entomology (pesticide) management building and a physics laboratory Environmental Services Risk based corrective action assessments for several installations Preliminary assessment/site investigation for one oil company and several DoD facilities Environmental management planning for several DoD facilities Spill prevention, control and countermeasures planning for a DoD installation RCRA compliance plans and reporting for several DoD facilities Natural and cultural resource planning for a 300-acre wetlands Solid waste management planning for a landfill Environmental assessments .as per NEPA for DoD installations including Phase 1 Site Assessments and Environmental Basellne Surveys Pollution prevention planning for 'a landfill and a DoD installation Air, water, solid waste and RCRA permitting and compliance support for DoD and commercial clients W Air Compliance Services Air emission inventories for one DoD installation with 180 sources ‘ Air quality program management including a Title V Permit Application and a Risk Management Plan for a DoD installation Data Management Development of individualized and flexible compact disc and web-based data storage and access systems for several DoD facilities Water and Wastewater Technology selection for oil removal and wastewater treatment systems for two refineries Process and detailed design of a 3,000-gpm activated carbon treatment system for well water in California Operations troubleshooting of an existing dissolved air flotation system and upgrading the design for a return to refinery wastewater service Operations auditing, benchmarking and optimization of treatment process operation for refineries petrochemical and chemical plants Operator training at a major coal-fired electric generating station Permitting for numerous poultry production, refinery, petrochemical and commercial facilities lnnovative Technology Applications lnstal|ation of an iron filing reactive wall at a depth of 80 feet to remove TCE and PCE from groundwater l, Removal of VOCs from well water using an in-Well stripping and reciroulation system to reduce a TCE/PCE "hot spot" to drinking water MCL ' Development of an lnternet web page for DOE linking internal and external sources of information on coal combustion byproducts (CCBs). Research was also conducted on the reuse and disposal of CCBs from emerging technologies l\/lonitoring of natural attenuation at spill sites and former landfills Progress in natural attenuation at the spill sites became an element of the groundwater cleanup plan. Regional Project Advisor for the lAEA groundwater resources project in southern and eastern Africa. Provided technical support for the use of radioactive isotopes to quantify yield from groundwater sources and to trace contaminant movement in groundwater. lnitia| design and pilot plan for the application of carbon nanotube mesh for removal of Cryptosporidium, Giardia and other microbiological contaminants from potable water to meet LT2 rule compliance Expenence\ Projects Clients Company Expedence Services Home ©2011 PB&A, lnc. All nghts Reserved. 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C.mv >000 00000m 00 000 3 0 000. >_£co_>_ 500 >._.O 003 500 0:5 E00_ 0m000>.Ummzm_ n_Z_>> >>xoo_. .m._CZ_m >w._._m_ m _.oN\o CNF FON.N$ FON.NW 0_0.:000$_ _0000_>_ + + 000_ 50 000_§ + 000_~§ + 00 300 0§_~00 000.§ + 000_~ 5 + 000,30 .§0_>_ _>m_ 5000 0000~000& 000 0~0_0.»~0 000> 000 §0.00; 5500 000 n 050 000.0 £coE tvoo.o w£coE om_. .0000 50000:_ _0:0.00 0000000 m 000 000_0000 n EcoE\ mv 5me 0 00 000000 000> 00 ooo_oomw 0 . xm_x. v _.oN 951 mm 0000>0W_ cto>>w__m\ZO_._.>v_ 000 _0 000 008 200 000 _000000 >_£Se _00£ n §§ >>0_ 000 _0 000 008 5000 000 _000000 >_ESE _00£ n 3m >00z0m\>> 000_0.0>00 >_£cos_ woo_v_.$ n A,_Q+ 500> T._c+ 5§0 n 000&>00 >_£.00_>_ oom.o~m_; ooo.oom» n 0 n 500 _0=000 + _. 5 n =A0+5 n0050050000c_ n 000>§. m n _ n 0000 500000_ n 0000> o_. _ n 00.:00 conm~€o& 05 560 corm~.toEC~_mzm n_Z_>> >>v_oor .m_l_@Z_w >wl_._m_ SUPPORTING DOCUMENTATION FOR ESTCP PROPOSAL SUBMISSION All CM Energies’ Wind Energy Systems are designed to be deployed in metropolitan environments, and require no transmission line infrastructure development CM Energies’ Wind Energy Systems can be installed in two days With a complete project tum-around time of 6-8 Weeks depending on funding and in stock parts. CM Energies’ Wind Energy Systems re silent in operation, neyer`e)_§ceed the power of the wind. k 14th Generation System installed at CME plant. Installed at municipal Waste Water Treatment Plant. Residential area in background Easy lnstallation. No construction. 15 wa v,` Each Wind Energy System is less than 50 feet tall and 40 feet Wide at the sail, and designed to be incorporated into the existing transmission line system of any electric utility. The Systems can also be connected behind the meter. The System size is based on local utility line connectivity and load requirements CM Energies’ Wind Energy System’s can be utilized in metropolitan, rural, agricultural, emergency management, and maritime applications CM Energies’ Wind Energy Systems are also designed to be installed on rooftops and can be adapted to vehicles for mobility or rapid deployment. ' i amatst Akt m l~cnzs x voimnca; 4 j nucnom\; I/M [A»suw:wtcn; more , v sam = .oa nc.£ nori=vvo= t . c~ meals achieve A~n j 1 MWNA'DNALF»JE\‘; =END::G,¢N" g : l micr>ucno,: n mm ci n A wucus' l ' moulws »\‘x unawasz . ` CM L|\ZEGF_! |§ dlltla). win ` ` l ." ,_ v____ w””a`”'i?'t}ils_i510/050 500'__'" 11 _;0'0;;.: 1 t no nev scm unwise § Can put up to 9 Systems on one acre. CM Energies is now marketing its 15th generation System. CM Energies’ proprietary composite blades are designed to withstand UV exposure, weather, impact and other elements that may affect the performance of the Wind Energy System. They are designed for low maintenance, long life and rapid replacement if necessary. These transparent blades are aesthetically pleasing and come in most any color in the hexachrome or pantone color chart making applications in and around residential areas more readily acceptable CM Energies is a registered Power Generation Company with the Texas Public Utility Commission and is managing both private and public wind energy contracts CM Energies employs its own licensed engineers and electricians and performs its own installations, service, and maintenance CM Energies also conducts its own Environmental Assessments and Studies. CM Energies has successfully completed Environmental Assessments with permitting approvals from the US Army Corps of Engineers, Texas Archeological Research Laboratory, US Fish and Wildlife, FAA and the Texas State Historic Preservation Office. These assessments were conducted for both coastal and inland projects with the inland /I”l MINUTES OF`TIIE JONESTOWN CITY COUNCIL SPECIAL CALLED MEETING HELD MARCH 19, 2012, 9:00 A.M. AT THE CITY COUNCIL CHAMBERS 18649 FM 1431, SUITE 3-A, JONESTCWN, TEXAS A. ITEMS OPENING MEETING: 1. CALL TO ORDER _MAYOR DEANE ARMSTRONG 3. Mayor Armstrong called the meeting to order at 9:00 a.m. ROLL CALL ASSISTAN'I` CITY SECRETARY Upon roll call, the following members were present: Aldennan Moore, Aldennan Wedell, Alderman Nichols, Mayor Armstrong, Mayor Pro Tem Buckle and Alderman Aaron. A quorum was present. PLEDGE OF ALLEGIANCE B. GENERAL BUSlNESS AND ACTION ITEMS -~>1. Discuss and consider removal of Taylor location turbine system. Alderman Wedell recused himself from discussion and voting on this and item #2 left the dais. James Herrera, Public Works Director, discussed with Council, action that needs to be taken to remove the turbine system, and the cost of doing so. Mike Fox, president of ` PCRC, Inc. participated in the discussion. Alderman Nichols made a motion to enter into a contract with PCRC, Inc. for the removal of the Taylor wind turbine at a cost of $13, 471, with the unit to be stored at property located at 3105 East Hwy 29 in Beitram, Texas, in a secure facility. Alderman Aaron seconded the motion. Upon roll call the vote was as follows: Y$: Alderman Moore, Alderman Nichols, Mayor Pro Tem Buckle and Alderman Aaron. No: None. Abstain: None. The motion carried unanimously. Discuss and consider an ordinance amending the Ordinance No. 2011~0-412, the FY 2011/2012 City of Jonestown Budget. Alderman Nichols made a motion to amend the 2011/2012 City of Jonestown budget in the amount of $14,000 to cover the cost of the removal of the wind turbine, funds to be ' taken from the reserve fund. Mayor Pro Tem Buckle seconded the motion. Upon roll call the vote was as follows: Yes: Alderman Moore, Alderman_Nichols, Mayor Pro Tem Buckle and Aldcrman Aaron.' No: None. Abstain: None. The motion carried unanimously. ~ Mayor Armstrong took Items #4 and #5 out of order. Discuss and consider an ordinance amending Chapter 8 of the Code of Ordinances, Article 8. 09 “Boats and party Boats; Restricted areas”; Prohibitions, Restricted Areas, and Setting Minimum Distance Requirements. 4 /)S Alderman Wedell returned to the dais. City Administrator Dan Dodson presented this item and discussed the issue with Council and Police Chief Stetar The current ban on party boats 1s probably not enforceable and the amendment will still enable the city to enforce the noise ordinance and have some control over the tying up of boats together, and on to property of land owners. Alderman Moore asked to have language added to make it clear that there needs to be separation between t]otillas of boats that are tied together. Alderman_Nichols made a motion to approve Ordinance No. 2012-0-423, an ordinance of the City of Jonestown, Texas amending Chapter 8 of the Jonestown, Texas Code of Ordinances, Article 8.09 “Boats and Party Boats; Restricted Areas”; providing for the regulation of boats by establishing prohibitions, restricted areas, and setting minimum distance requirements; establishing penalties per violation; providing for open meetings, savings, severability, and effective date clauses; and providing for related matters; with an- addition to (3) “and consistent with State Law, groups of boats cannot block navigable waterways”, to 8.09.002, General Prohibitions; Established Restricted Areas, and Distance Requirements. Mayor Pro Tem Buckle seconded the motion. Upon roll call the vote was as follows: Yes: Alderman Moore, Alderman Wedell, Alderman Nichols, Mayor Pro Tem Buckle and Alderman Aaron. No: None. Abstain: None. The motion carried unanimously. . Discuss and consider a Resolution authorizing the city to enter into an agreement with the Texas Department of Transportation (TXDOT) to enable the Police Department to be a participant in the state-wide CRASH Reporting and Analysis for Sat`er Highways (CRASH) System at no cost to the city Chief Stetar presented his request for the resolution Mayor Pro Tem Buckle made a motion to approve Resolution NO. 2012-R-308. Alderman Nichols seconded the motion. Upon roll call the vote was as follows: Yes: Alderman Aaron, Mayor Pro Tem Buckle, Alderman Nichols, Alderman Wedell and Alderman Moore. No: None. Abstain: Nonc. The motion carried unanimously. . a. Convene into executive session pursuant to Section 551.074, Tex. Gov‘t Code, to interview candidates and deliberate the appointment of a public officer or employee, for the position of City Administrator; At 9:32 a.m. Mayor Armstrong announced that Council would adjourn into executive session on the above listed item. Council lett the dais. b. Reconvene into open session to take action as deemed appropriate in the City Council's discretion regarding appointment of a City Administrator. Mayor Armstrong reconvened the open session at 11:12 a.m. Mayor Pro Tem Buckle made a motion that the top three candidates have background checks and to schedule a meeting for Monday, March 26, 2012 at 7:30 p.m. to_ discuss the iinalists. Alderman Aaron seconded the motion. Upon roll call the vote was as follows: Yes: -Alderman Aaron, Mayor Pro Tem Buckle, Alderman Nich`ols, Alderman Wedell and Alderman Moore, No: None. Abstain: None. The motion carried unanimously 6. ADJOURNMENT Mayor Armstrong adjourned the meeting at 11:20 a.m. PASSED AND APPROVED AT A REGULAR MEETING HELD ON APRIL 12TH , 2012. Deane Arms= ng, Mayor City of Jonestown ATTEST: l .¢ Linda Hambrick, City Secretary go MINUTES OF THE JONESTOWN CITY COUNCIL REGULAR MEETING HELD MARCH 8, 2012, 7:30 P.M. AT THE CIT¥ COUNCIL CHAIVIBERS 18649 FM 1431, SUITE 3-A, JONESTOWN, TEXAS A. ITEMS OPENlNG MEETING: l. CALL TO ORDER MAYOR DEANE ARMSTRONG Mayor Armstrong called the meeting to order at 7 :30 p.m. ROLL CALL CITY SECRETARY Upon roll call, the following members were present: Alderman Moore, Alderman Wedell, ' Alderman Nichols, Mayor Armstrong and Alderrnan Aaron. Mayor Pro Tem Buckle entered the meeting at 7:31 p.m. A quorum was present. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES February 9, 2012 Regular Meeting February 17, 2012 Special Called Meeting March 5, 2012 Special Called Meeting Alderman Moore asked for a correction in the February 9‘h minutes on page 4, item number 9 to add the word approve Alderman Nichols made a motion to approve the minutes of the regular meeting of February 9th as amended by Councihnan Moore, and the minutes of the special called meeting of February 17“`, and the minutes of the special called meeting of March 5“’. Alderrnan Wedell seconded the motion. Upon roll call the vote was as follows: - Yes: Alderman Moore, Alderman Wedell, Alderman Nichols, Mayor Pro Tem Buckle and Alderman Aaron. No: None. Abstain: None. The motion carried unanimously B. CI'I'IZEN COMMUNICATIONS Milton Allen asked that the applications of the iinal four applicants for the position of city administrator be posted on the city web site for citizen input. C. GENERAL BUSlNESS AND AC'l`ION ITEMS ` 1. Discuss and consider appointment of Police Reserve Officers. Police Chief John Stetar introduced John “Ric ” Power, Randall Johnson, and Brandon Liles who all want to be Police Reserve Oflicers. Alderman Aaron made a motion to approve the appointments of John Rick Power, Randall Johnson and Brandon Liles. Alderman Moore seconded the motion. Upon roll call the vote was as follows: Yes: Alderman Aaron, Mayor Pro Tem Buckle, Alderman Nichols, Alderman Wedell and Alderman Moore. No: None. Abstain: None. The motion carried unanimously Mayor Armstrong administered the oaths of otiice of oflice. 91 2. Discuss and consider waiving fees, overnight camping and any other pertinent park ' regulations for the March 31st Cajun Cook Off, sponsored by the Jonestown Lago Vista Area Chamber of Commerce. Alderrnan Aaron made a motion to waive fees, ovemight camping and any other pertinent park regulations for the March 315t Cajun Cook Ofi`, sponsored by the Jonestown Lago Vista Area Chamber of Commerce. Mayor Pro Tem Buckle seconded the motion. Upon roll call the vote was as follows: Yes: Alderman Aaron, Mayor Pro Tem Buckle, Alderman Nichols, `Alderman Wedell and Alderman Moore. No: None. Abstain: None. The motion carried unanimously. ` . . Discuss and consider approval of Lakeside Challenge 5k Run to be scheduled on Septembe 29, 2012. ' Karissa Kornegay asked for approval of the date for the 5k run. She will come back to the next meeting with the budget for the event. Aldemian Nichols made a motion to approve the Lakeside Challenge 5k Run to be scheduled on September 29, 2012. Alderman Wedell seconded the motion. Upon roll call the vote was as follows: Yes: Alderman Moore, Alderman Wedell, Alderman Nichols, Mayor Pro Tem Buckle and Alderman Aaron. No: None. Abstain: None. The motion carried unanimously. . Discuss and consider an ordinance of the City of Jonestown, Texas; amending Section 1.04.005(7) of Chapter 1, Jonestown Code of Ordinances, Authority of mayor generally; to change amounts and procedures for authorizing expenditures and contracts; providing open t meetings; severability clauses; and establishing an effective date. Mayor Pro Tem Buckle made a motion to approve an ordinance of the City of Jonestown, Texas; amending Section 1.04.005(7) of Chapter 1, Jonestown Code of Ordinances, Authon'ty of mayor generally; to change amounts and procedures for authorizing expenditures and contracts; providing open meetings; severability clauses; and establishing an effective date. Alderman Aaron seconded the motion for discussion After discussion about contingencies in case of emergencies, the occasions that might be beneficial to make purchases within time constraints, and the tightening of budget item planning, the vote was taken. Upon roll call the vote was as follows: Yes: Alderman Aaron, Mayor Pro Tem Buckle, Alderman Nichols, Alderman Wedell and Alderman Moore. No: None. Abstain: None. The motion carried unanimously. . Discuss and consider an ordinance of the City of Jonestown, Texas; amending Article 12.01, General Provisions, of Chapter 12, Jonestown Code of Ordinances, to authorize the operation of golf carts on certain streets and roadways; amending Section 12.01.001, State motor vehicle laws adopted; providing penalty, severability, open meetings and effective date clauses; and providing for related matters Alderman Nichols asked to add Old Bumet Road and Reed Parks Road to FM 1431 as excluded roads for the carts. Alderman Aaron expressed his wish to have a special license or conditional use permit for each cart user so that there isn’t a proliferation of carts all over town. Mayor Pro Tem agreed and suggested adding Easy Street to the list of excluded streets Alderman Aaron made a motion to table this item until it we can manage it with a conditional use permit Alderrnan Nichols seconded the motion, and add the excluded roads. 2 ®1/ During discussion, Alderman Moore expressed concern with the safety of carts on the streets, and a doubt that further consideration of this ordinance is worth the cost of developing the ordinance Upon roll call the vote was as follows: Yes: Alderman Aaron, Mayor Pro Tem Buckle, Alderman Nichols, Alderman Wedell and Alderman Moore. No: None. Abstain: None. The motion carried unanimously. . Discuss and consider authorization to fund disassemny and removal of Taylor location turbine system. Mayor Arrnstrong asked City Administrator Dan Dodson to address this item. There was discussion about how best to dissemble and remove the turbine and the ownership of the machine Mayor Pro Tem Buckle asked to postpone this discussion to a later meeting An addendum will be posted to the March 12th meeting early in the morning to discuss this item. Mayor Pro Tem Buckle made a motion to table this item until the Monday meeting Alder:man Aaron seconded the motion. Upon roll call the vote was as follows: Yes:' Alderman Aaron, Mayor Fro Tem Buckle, Alderman Nichols, Alderman Wedell and Alderman Moore, No: None. Abstain: None. The motion carried nnanimously. . Discuss and consider the monthly finance report. The report was discussed Mayor Pro Tem Buckle expressed surprise`that there was a 97% tax collection in light of the situation at The Hollows. The police budget was discusse [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4058368. Public record. Not legal advice.