CESD_Energy Conservation RFP V3 08-25-21.pdf

Charlevoix- Emmet ISD

REQUEST FOR PROPOSAL

ENERGY CONSERVATION IMPROVEMENTS

REQUEST FOR PROPOSALS SUBMMITTAL DEADLINE

September 8, 2021 2:00 p.m.

At

Charlevoix-Emmet ISD 08568 Mercer Blvd.

Charlevoix, MI 49720

Attn: Lisa M. Krosnicki, Chief Financial Officer Email: krosnickil@charemisd.org mailto:krosnickil@charemisd.org

Charlevoix-Emmet ISD – RFP Number 2 Design Build Contract

Charlevoix- Emmet ISD

REQUEST FOR PROPOSALS

TABLE OF CONTENTS

Contents

SOLICITATION ADVERTISEMENT

Section I - General Information

1. Purpose

2. Design Build Contracting

3. Project Funding

4. Proposal Format

5. Contract Responsibility

6. Required Insurance and Bonds

7. Taxes, Fees, Code Compliance, Licensing

8. References and Proprietary Information

Section II – Request for Proposals Format and Preparation Instructions

Table of Contents

1. Cover Letter

2. Executive Summary

3. Background and Experience

4. Technical Approach

5. Financial Approach

6. Bid Security

7. Additional Capabilities

8. Assurances

III. The Selection Process

1. Estimated Timetable

2. Mandatory Meeting

3. Site Visits

4. Submission of Proposals

5. Proposal Evaluation

IV. Instructions for Submitting Proposals

1. Requests for Further Information

2. Submission of Proposals

Charlevoix-Emmet ISD – RFP Number 3

3. Bid Security

4. Performance Bond and Labor and Material Payment Bond

5. Reservation of Rights

6. Cost of Proposal Preparation

7. RFP Information Controlling

8. Release of Claims

9. Finality of Decision

10. Irrevocability of Proposals

11. Collusive Bidding

V. Contract Terms and Conditions

Charlevoix-Emmet ISD – RFP Number 4

Request for Proposals

SOLICITATION ADVERTISEMENT

Charlevoix-Emmet ISD (the District) will receive sealed detailed proposals for selection of an Accredited Energy Services Provider (ESP). Charlevoix Emmet ISD intends to select the most qualified contractor per the evaluation criteria herein with whom it will enter into a Design Build Energy Improvement contract. Charlevoix Emmet ISD will be accepting the sealed proposals until 2:00 pm on September 8, 2021.

Please submit three (3) paper copies and one (1) copy in electronic format of responses completed according to the format prescribed by the Charlevoix Emmet ISD. After review of all accepted responses, firms selected on the basis of their responses may be invited to participate in an on-site interview. Final selection will be made in accordance with the policies and administrative directive of the District and other applicable statutory provisions.

All questions concerning this request including general information, instructions, and selection criteria shall be submitted via email to both:

Phillip Haldaman, Building & Grounds Supervisor haldamanp@charemisd.org

Lisa M. Krosnicki, Chief Financial Officer krosnickil@charemisd.org

Project Selection Timeline

Advertisement Date: Posted on August 25, 2021 RFP Proposals Due: September 8, 2021 at 2:00 pm Bid Opening Date: September 8, 2021 at 2:05 Final Selection: TBD

Section I - General Information

1. Purpose Charlevoix Emmet ISD (the “District”) requests detailed proposals for the design and implementation of as many energy efficient, renewable energy opportunities and infrastructure upgrades as practical in its facilities through the implementation of various eligible projects at the District’s Facilities listed in attached Exhibit “A” (“Potential Scope of Work”). The stated intent of the District is to enter into a Design Build contract pursuant to MCL 380.1267 laws. This Request for Proposals (the “RFP”) is being utilized to provide a competitive means in which the District may select a single design-build contractor to implement a program at its facilities. Any Vendor herein must be and satisfy the definition of a “Qualified Provider” under MCL 380.1274a(9)(b). Thereby certified by National Association of Energy Service Companies

(NAESCO).

mailto:mcaran@morencibulldogs.org

Charlevoix-Emmet ISD – RFP Number 5

The District will make its final selection based upon the recommendation of a designated selection committee. The District shall negotiate and execute a professional services agreement with the selected firm for the design and implementation of an energy conservation project.

2. Design Build Contracting For the purposes of this document, "design build contracting" is defined as a contract for the design and implementation of measures including services, equipment, and maintenance for which the payment obligation is directly related to the terms identified in the contract.

3. Project Funding Respondents shall be willing and able to assist with the necessary information required to obtain the financing for this project in accordance with applicable federal, state and local laws.

4. Proposal Format Proposals must be submitted in the format outlined in this document. Each proposal will be reviewed to determine if it is complete prior to actual evaluation. Proposals not containing the information requested will not be considered. Respondents shall use the prescribed format to indicate their experience and qualifications, describe their approach to the project and explain their proposed contract. In addition, the District reserves the right to waive any irregularities and formalities in the selection of the CONTRACTOR for this project.

5. Contract Responsibility The selected CONTRACTOR will be required to assume total responsibility of the project. The selected CONTRACTOR will be considered the” prime” contractor and the sole point of contact with regard to all contractual matters.

6. Required Insurance and Bonds The successful respondent shall procure and maintain in effect during the life of the agreement commercial general liability insurance in amount not less than $5,000,000 for each occurrence, comprehensive automotive liability insurance in amount not less than $5,000,000, and workers compensation insurance as required by State law. Evidence of required insurance shall be presented prior to contract execution. The contractor shall provide the District with evidence of the ability to provide performance and payment bonds for the full installed value of the contract for the installation period.

7. Taxes, Fees, Code Compliance, Licensing The CONTRACTOR shall be responsible for payment of any required permits, sales and/or use taxes or fees associated with the execution of the performance contract. The CONTRACTOR shall be responsible for compliance with all applicable codes and laws.

8. References and Proprietary Information Submission of a response constitutes permission to make inquiries concerning the respondent to any persons or firms deemed appropriate by the District. Any proprietary information that the submitting contractor does not want disclosed to the public shall be so identified on each page on which it is found. Data or information so identified will be used by the District solely for the purpose of evaluation and contract negotiations for the project as stated herein. Disclosure of

Charlevoix-Emmet ISD – RFP Number 6 any proprietary information by the District shall be in strict accordance with the laws and regulations regarding disclosure in the State of Michigan.

Section II – Request for Proposals Format and Preparation Instructions

RESPONSE FORMAT AND PREPARATION INSTRUCTIONS

Responses must be submitted in the format outlined in this section. Proposals should be limited to 250 pages, with a minimum font size of 12. Charlevoix Emmet ISD reserves the right to eliminate from further consideration any response that is deemed to be substantially, or materially, unresponsive to the requests for information contained in this document. The intent of Charlevoix Emmet ISD is that all responses follow the same format and protocol, in order to evaluate each response fairly. Responses will be evaluated in light of the material and substantiating evidence presented therein, and not on the basis of what is inferred.

Table of Contents Responses shall include a table of contents properly indicating the section and page numbers of the information included.

1. Cover Letter Please provide names and telephone numbers of persons authorized to provide any clarification required and a statement accepting the terms of the solicitation.

2. Executive Summary Responses shall include a summary overview of the Respondent’s qualifications, approach and other pertinent information. Additionally, please list the following:

• Base Bid/Alternate Bid:

• Energy Savings:

• Rebates:

The Executive Summary should be no more than two (2) pages in length.

3. Background and Experience A. Firm Profile The firm shall provide the following information:

• Firm name.

• Federal Employer Identification Number.

• Corporate office address.

• Local office address, number of employees and capabilities.

• Names and titles of two (2) contact people within the firm: one for questions regarding this submission and one with responsibility for contract negotiations.

• Year firm was established and current financial condition.

• Number of years the firm has provided design build services and general capabilities regarding these services.

Charlevoix-Emmet ISD – RFP Number 7

• Describe any relationships with manufacturers of equipment, including those manufactured by your firm or listed subcontractors. If your firm is a manufacturer, will the customer have a choice in product/equipment selection?

• Preference is given to equipment and controls under the Buy America Act.

• Provide payment and performance bonding limits.

• Provide evidence of insurance coverage.

• Provide your firm’s annual report, audited financial statements or equivalent for the most recent, complete year.

• Provide information documents source(s) and levels of financing (e.g. a letter from a financial institution describing a relationship with your firm, a statement of public holdings, etc.)

• Provide a complete list of all projects that in the last 10 years:

o Have past or pending lawsuits or litigation regarding contract with a customer (list reasons); or o Have past “out of court” settlements regarding a contract (list reasons).

o If any of the above does not apply, please acknowledge that it does not apply.

B. Project Team and Support Provide a list of the personnel to be used on this project, with their specific roles and qualifications. Identify who will supervise the project. Provide an organizational chart of team members assigned to the project. Provide concise resumes including education, experience, where the employee is based and other pertinent information shall be included in an appendix for each team member assigned to the project. Project resumes are to be no more than one (1) page in length, and are not included in the 30-page limit.

Provide the number of in-house technicians within the State of Michigan. Please explain how service will be provided and who will be in charge of performing said services.

Provide the number of local manufacturer part stores and distance from the District.

Explain how the Respondent’s project team is supported by regional or corporate resources.

Respondent shall be able to provide in-house service for all building automation controls

C. References The Respondent shall include three (3) Michigan Design Build Energy Project references that indicate prior work as the Prime Contractor in a school district over the last three years.

References for projects where the responding firm was not the Prime Contractor are not acceptable. Preference will be given to projects performed by the Respondent’s project team members included in Section 2.B.

Provide the district’s name, address, phone number, and contact person for each reference.

Each reference shall describe the project cost, project dates, scope of work, and energy savings.

Provide a list of three (3) Service Agreement Customers. Include a contact name, telephone number, and service provided.

D. Scope of Services Performance Contracting Services – Complete the table below indicating the design build service offerings provided by the Respondent, those provided by others, and those not provided.

Charlevoix-Emmet ISD – RFP Number 8

Design Build Services Direct Provider

Third Party

Not Provided

Asset Audit Engineering Design Project Economic Analysis Project Energy Study (IGA) Project Financing HVAC System Training Energy Management Training Scheduled HVAC Maintenance Services Scheduled Building Automation System Services HVAC and Building Automation System Repair Services

Emergency Services HVAC & Electrical Rental Services

Proposed Equipment – Complete the table below indicating the equipment offerings provided by the Respondent. In each case, designate whether Respondent is a direct manufacturer, a distributor, and/or buys and resells energy efficient equipment.

Energy Efficient Equipment Direct Manufacturer Distributor Buy/Resell

HVAC Mechanical Equipment

Energy Management System

Building Automation Systems

4. Technical Approach A. Design Build Approach In two (2) pages or less, summarize how your firm will perform the scope of work outlined in this RFP, and to what extent the owner is involved in these activities.

B. Facility Audits and Project Development Indicate your firm’s approach to performing detailed facilities audits, identifying and designing facility improvement measures, and your process for recommending which measures should be included in the project.

C. Project Management Indicate your firm’s approach to managing the installation phase. Describe the various responsibilities of your team members during construction, and how they will keep the owner’s personnel informed of the project’s progress.

What is your firm’s approach to ensuring safety during the installation phase? Summarize your firm’s safety program and OSHA practices. State your firm’s Experience Modification Rate (EMR) for the past three (3) years for your team, including subcontractors. Describe your firm’s

Charlevoix-Emmet ISD – RFP Number 9 safety practices for working in K-12 school sites, including Covid-19 procedures. Indicate your understanding of applicable codes and construction practices for this project.

Which of the services outlined in this RFP are typically performed by your firm and which services are typically performed by subcontractors? Describe your process for managing the work of subcontractors.

Provide a project timeline that illustrates project schedule and completion timeline. Confirm that construction will be performed so as not to disrupt normal class schedules, including after hours as needed.

D. Project Scope of Services

1. Provide a summary table listing all design build project projected outcomes. Refer to “Potential Scope” in Appendix A for categories of design build guidelines to incorporate in your response. The summary table shall include the following for each outcome individually. A separate table shall be included for any proposed alternatives.

a. The cost of each outcome, including all design, labor and material costs for the same

b. Annual net operational savings

c. Any applicable utility rebates

2. Identify and describe all proposed outcomes listed above. Provide a detailed description of scope of the work to be performed for each outcome, including quantities, sizes, capacities, etc., as applicable.

E. Training Address your firm’s approach to training the owner’s personnel on the newly installed equipment. Identify hours and number of days (if applicable) as well as the location for the training. Does your firm offer additional training services to enhance the skills of facility operations personnel? Identify local training facilities within Michigan.

Describe any customer support programs provided in the Project including the availability, duration and services provided. If the Contractor proposes a maintenance program, information must be provided detailing services provided and terms of contract, if any.

G. Warranties Provide a table identifying a summary of all warranties by equipment type. Include who is providing the warranties. Describe correction warranty for faulty workmanship.

5. Financial Approach A. Financing Source Discuss the Respondent’s demonstrated ability to provide or arrange project financing. If financing is arranged through a third party, explain to whom payments will be made.

B. Best Value Describe CONTRACTOR’s approach to providing the greatest financial value for the District.

Charlevoix-Emmet ISD – RFP Number 10

C. Voluntary Alternate Options Break out all additional voluntary alternates if you believe the District may want to consider additional options. The purpose of this Section being separate is to clarify the components of the Base Proposal vs. Additional Voluntary Alternates.

D. Preventative Maintenance Program:

Provide information detailing in-house services, cost, and terms of contract.

6. Bid Security Include bid security in the form of a bid bond or certified check equal to 5% of the proposed contract amount. Include copies in each of the proposal copies. Omission may disqualify the bid.

7. Additional Capabilities Demonstrate any additional value your firm brings as a partner with the District. If these are services, they do not have to be priced and will not be considered part of the Base Bid price.

8. Assurances

• Provide acceptance of bid terms and assurance that all work will be performed in accordance with applicable codes AND that appropriate permits will be obtained by the Respondent. Attach RFP “Exhibit B”.

• Provide statement of Project management responsibility. Complete RFP “Exhibit C”.

• Complete RFP “Exhibit D” (Familial Disclosure Affidavit).

• Complete RFP “Exhibit E” (Affidavit of Compliance – Iran Sanctions Act).

• Certificate of Memorandum of Insurance “Exhibit F”

III. The Selection Process

1. Estimated Timetable The District expects to undertake the selection process described below according to the following schedule. Notwithstanding the foregoing, the District reserves the right, in its sole and absolute discretion, to make modifications to or alter the following schedule as it determines to be in its best interests. RFP Due Date will not be extended.

Action Date Time Release of RFP August 25, 2021 TBD Mandatory Pre-Bid Meeting August 31, 2021 1:00 pm Last Day to Submit Written Questions

September 7, 2021 12:00 pm

RFP Response Due September 8, 2021 2:00 pm Short List Bidder Interviews (if needed)

TBD TBD

Board Considers Proposals TBD TBD Project Begins October 15, 2021 TBD

Charlevoix-Emmet ISD – RFP Number 11

2. Mandatory Meeting The District will conduct a Mandatory Pre-Bid Meeting for all respondents on August 31, 2021.

The Pre Proposal Meeting will commence at 1:00 PM (EST), at 08568 Mercer Blvd.

Charlevoix, MI 49720. Respondents that fail to attend the mandatory Pre-Proposal meeting will be ineligible to respond to this RFP.

3. Site Visits The District may schedule site visits upon a Bidder’s request. Bidders should contact Phillip Haldaman, Building & Grounds Supervisor by email at haldamanp@charemisd.org if they are interested in visiting the District’s facilities.

4. Submission of Proposals Bidders shall submit Proposals as described in Section IV (Instructions for Submitting Proposals).

5. Proposal Evaluation District representatives will evaluate all proposals and may conduct interviews with certain Bidders to clarify information provided in their respective proposals. The District’s Governing Board will make the final selection. The District reserves the right, in its sole and absolute discretion, to reject any and all Proposals, in whole or in part, to waive any irregularities in any Proposal or the RFP process, and to award the contract to other than the lowest Bidder.

District’s evaluation team will consider the following criteria in evaluating responses; these categories will be weighted on importance and significance to this project. The District will select the responding firm that is deemed most qualified for the project, and that the Districts determines provides the greatest value to Charlevoix–Emmet ISD for this Design Build Energy Contracting program.

Evaluation Criteria: 100 Maximum Points Capabilities of Firm: 20 Project Team Experience: 20 References: 20 Technical Approach: 25 Financial Approach: 15

Total points to be earned are on a scale of 1 to 100, with 1 point being the lowest score and 100 points being the highest score. Points may be deducted if CONTRACTOR response varies from requested format and number of pages.

IV. Instructions for Submitting Proposals

1. Requests for Further Information Any questions, interpretations or clarifications, either administrative or technical, about this RFP should be directed by email to Phillip Haldaman, Building & Grounds Supervisor haldamanp@charemisd.org AND Lisa M. Krosnicki, Chief Financial Officer krosnickil@charemisd.org. All written questions, not considered proprietary, will be answered in mailto:krosnickil@charemisd.org

Charlevoix-Emmet ISD – RFP Number 12 writing and conveyed to all responding firms. Oral statements concerning the meaning or intent of the contents of this RFP by any person are not considered binding.

2. Submission of Proposals Each proposal must have one (1) original, three (3) hard copy, and one (1) electronic copy and signed by an authorized member of the Bidder’s firm. This member should be the highest-ranking officer at the local level. No oral, faxed, or emailed proposals will be accepted. Each Proposal must be submitted on the proposal forms attached to this RFP. Bidders shall submit sealed, written proposals by September 8, 2021 local time, at 2:00 PM (EST) (the “Due Date”) at 08568 Mercer Boulevard, Charlevoix, MI 49720. Bids should be addressed to the District and should be clearly marked “Proposal for Design Build Improvements.” An original and two copies of the proposal shall be submitted. Late bids will not be considered or accepted. The owner is not liable for any delivery or postal delays. At the specified location and date and time set forth above, all timely submitted proposals shall be publicly opened, dated and read aloud.

Based upon proposals reviewed the District may select Bidders, in its sole discretion, to be interviewed. Once interviews, if any, are completed and any additional information required by the District is provided, the District shall select a Bidder to enter into a final agreement as the Selected Contractor. Such selection shall not be binding upon the District until such time as the District’s Governing Board approves the final contract in accordance with Michigan law and the Reservation of Rights provision under Paragraph 6 below.

Proposals which do not provide all of the information requested in the RFP may be disqualified from consideration.

3. Bid Security Required. Refer to Section V (Contract Terms and Conditions Section).

4. Performance Bond and Labor and Material Payment Bond Required. Refer to Section V (Contract Terms and Conditions Section).

5. Reservation of Rights The District reserves the right, in its sole and absolute discretion, to accept or reject, in whole or in part, any or all proposals with or without cause. The District further reserves the right to waive any irregularity or informality in the RFP process or any proposal, and the right to award the contract to and to accept the proposal or proposals which the Governing Board determines will perform in the District’s best interests. The District reserves the right to request additional information from any or all Bidders. The District reserves the right to select one or more Bidders to perform the Project on behalf of the District. The selection of a Contractor shall not be binding upon the District until the contractor agreement is approved by the Governing Board in accordance with Michigan law. In the event the District and the selected Bidder are unable to agree to acceptable terms and conditions, the District, in its sole discretion, may elect to terminate the award, reject the selected Bidder’s proposal, and select another Bidder.

6. Cost of Proposal Preparation The cost of preparing a response to this RFP, including site visits and preliminary engineering analyses, will not be reimbursed by the District.

Charlevoix-Emmet ISD – RFP Number 13

7. RFP Information Controlling The District intends that all Bidders shall have equal access to information relative to the District’s requirements under this RFP. No information communicated, either verbally or in writing, to or from a Bidder shall be effective unless confirmed by written communication contained in an addendum to this RFP, a Request for Clarification or other written response thereto, or in the proposal.

8. Release of Claims Each Bidder, by submitting its Proposal, releases the District from any and all claims arising out of, and related to, this RFP process and selection of a winning Bidder.

9. Finality of Decision Any decision made by the District, including the Contractor selection, shall be final. However, any initial selections made by the District are subject to the execution of an acceptable contract and, at the District’s discretion, the procurement of acceptable financing for the Project.

10. Irrevocability of Proposals A proposal may be withdrawn after it is received by the District by written request signed by the Bidder or authorized representative, prior to the time and date specified for RFP response submission. A proposal may be withdrawn and resubmitted in the same manner if done so prior to the appropriate deadline. Withdrawal or modification offered in any other manner will not be considered.

11. Collusive Bidding By submitting a proposal, each Bidder certifies that its proposal is made without any previous understanding, agreement or connection with any person, firm, or corporation making a Proposal for the same Services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action.

Charlevoix-Emmet ISD – RFP Number 14

V. Contract Terms and Conditions

The following terms and conditions shall be incorporated into the final contract negotiated between the parties. All objections/exceptions to these terms and conditions must be identified in a Bidder’s Proposal. The failure to identify objections/exceptions in the proposal shall be deemed to be an irrevocable acceptance of all terms and conditions stated below.

1. Proposals are to be submitted as outlined in the Components of Proposal Section. The proposal must be signed with the Bidder’s name and by a responsible officer or employee of the Bidder. Obligations assumed by such signature are binding upon the Bidder.

2. Proposals must be received by the Due Date specified in this RFP. Late proposals will not be considered or accepted.

3. In the execution of the contract, it may be necessary for the Selected Contractor to subcontract part of the Project to others. The Selected Contractor shall inform the District as to which subcontractors will be used. Subcontractors used shall be subject to the approval of the District. The Selected Contractor shall be fully responsible to the District for the acts and omissions of its employees, its contractors, subcontractors, consultants, architects, etc., and of persons, whether directly or indirectly employed by the Selected Contractor. Nothing in this RFP or the resulting contract shall create any contractual relationship between any subcontractor and the District. The Selected Contractor shall not assign, transfer, convey, or otherwise dispose of the contract between Selected Contractor and the District, or any part thereof, or the District’s right title, or interest in the same, or any part thereof, without previous written consent of the District. The Selected Contractor shall not assign any power of attorney, or otherwise any monies due or to become due and payable under the agreement without previous written consent of the District.

4. Prices for supplies, materials, and equipment are to be F.O.B. job site delivered and/or installed and are to be firm for 90 days from the Due Date for proposals. No charges for shipping, packing, drayage, or for any other purpose will be allowed over the price quoted herein.

5. Each proposal submitted shall include and the successful Selected Contractor will be required to pay all taxes which are levied by Federal, State or municipal governments upon labor, and for material incorporated into the Project. The District reserves the right to require evidence of payment of such taxes prior to final payment.

6. The Bidder must provide a detailed Project Schedule. The Project shall be completed without interference with the District’s educational, extra-curricular or athletic programs.

The Selected Contractor shall maintain a rate of work progress to ensure completion of the Project within the timeframes set forth in the agreed upon Project Schedule.

7. A bank money order, certified check or bid bond must accompany all Proposals by a recognized surety company for not less than five percent (5%) of the amount of the Proposal submitted and made payable to the District as required by MCL 380.1274a (“Bid Security”). The bank money order, certified check or bid bond of the Selected

Charlevoix-Emmet ISD – RFP Number 15

Contractor will be returned as soon as the contract is signed by the Selected Contractor and returned to the District.

8. Prior to commencement of the Project, the Selected Contractor shall furnish performance bonds and labor and material payment bonds as required by Michigan Compiled Laws Section 129.201, in such form as the District may require, securing the faithful performance of such contracts and payment of all obligations arising thereunder.

Such bonds must be for the full amount of the contract with a surety company in good standing and licensed to do business in the State of Michigan. The Selected Contractor shall include in the Base Proposal the cost of furnishing such bonds/securities.

9. The most current Michigan laws and regulations regarding sales and use tax shall apply and the cost of same shall be included in the Proposals.

10. The District will continue to occupy the buildings and site during the normal school year.

Any installation work not completed during the summer recess shall be performed around instructional periods including after regular school hours, on weekends, on scheduled holidays, or as arranged and approved by the District during regular school hours.

11. The Selected Contractor will, at all times, keep the job clean of all debris and rubbish resulting from its operations and, upon completion of its work, will promptly remove all tools, equipment, excess material, and any rubbish caused by its work and personnel.

Selected Contractor will protect all of its material and work from hazards and be fully responsible for their condition until accepted by the District and shall also be responsible for any damage attributable to the work or property of others, including but not limited to, the property of the District. Selected Contractor will reimburse District for any expenses incurred to keep the job clean and clear of all debris and rubbish resulting from Selected Contractor’s failure to comply with this paragraph.

12. The Selected Contractor shall not use or permit any of its employees, contractors, subcontractors or consultants to use any equipment, hoists, staging, scaffolds, or any other material belonging to the District without prior written consent.

13. Each proposal shall be accompanied by a sworn and notarized statement disclosing any familial relationship that exists between the owner or any employee of the Bidder and any member of the District’s Governing Board or Superintendent. Proposals not accompanied by a sworn and notarized statement will not be accepted by the board.

14. Each proposal must be accompanied by a sworn and notarized statement certifying that the Bidder is not an “Iran Linked Business” within the meaning of the Iran Economic Sanctions Act.

15. The Selected Contractor shall procure and maintain during the life of the contract the following insurance coverages from a company or companies licensed to sell insurance in Michigan with an A+ A.M. Best rating, or equivalent: Workers Compensation in compliance with Michigan law; Comprehensive General Liability Insurance in the amount of $2,000,000 each occurrence for Bodily Injury Liability and Property Damage Liability, professional liability insurance in check or bid bond of the an amount of $2,000,000. In addition, the Selected Contractor will procure and maintain an Umbrella Liability policy in

Charlevoix-Emmet ISD – RFP Number 16 the amount of $5,000,000. Such insurance will protect the Selected Contractor and shall name the District and the Project site as additional or co-insureds.

The insurance required shall be written for the greater of limits not less than the limits of liability specified or required by the law OR primary coverage of $2,000,000 per occurrence on an occurrence basis coverage shall be maintained without interruption from date of commencement of operations under the contract and throughout the term of the contract. Professional liability insurance may be on a “claims made” basis.

All certificates of insurance must be included in the attached Exhibit F. Required insurance policies shall not be changed or canceled without ninety (90) days prior written notice to the District.

16. The Selected Contractor shall indemnify, reimburse, hold harmless, and defend the District, its Board Members (in their official and individual capacities), officers, employees, students, volunteers, and agents for and against all suits, actions, legal proceedings, claims of any nature and kind, demands, and all damages, loss, costs, expense, taxes, penalties, fines, liens, and actual attorney’s fees and expert witness fees incurred, caused by or arising from or attributable, whether in whole or in part, directly or indirectly, to:

a. any negligent or willful or intentional or criminal acts or omissions of, or a breach of contract by, the Selected Contractor or its principals, shareholders, employees, agents, attorneys, accountants, contractors or subcontractors;

b. any claims by any employees or former employees of the Selected Contractor or its agents or subcontractors, regarding any matter relating to their employment;

c. any matter for which the District may be held strictly liable, but which is the result of, in whole or in part, the negligent or willful or sole acts or omissions of the Selected Contractor or its principals, shareholders, employees, agents, attorneys, accountants, and/or subcontractors;

d. any tax or levy imposed upon or charged to the District as a result of compensation or any other amount paid to the Selected Contractor under or pursuant to the contract; and

e. any breach by the Selected Contractor or its subcontractors, agents, or consultants of the resulting contract with the District.

17. Upon project completion, the Selected Contractor shall provide drawings, specifications, and all other documents, electronic or otherwise, prepared by the Selected Contractor and/or its employees, contractors, subcontractors or consultants for this Project (collectively referred to as the “Instruments of Service”) are instruments of the Selected Contractor’s service and, unless otherwise provided, the Selected Contractor shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Selected Contractor shall be permitted to retain copies, including reproducible copies, of the Documents for information and reference in connection with the District’s use and occupancy of the Project. The District shall have a nonexclusive, irrevocable license, and right to access, use, and reproduce the Instruments of Service for purposes of constructing, using, maintaining, altering, and

Charlevoix-Emmet ISD – RFP Number 17 adding to the Project or completing the Project. On behalf of, and for the benefit of, the District, the Selected Contractor shall obtain similar rights from the Selected Contractor’s consultants consistent with this provision. Such rights shall, without limitation, authorize the District and other Contractors, Subcontractors, Sub-subcontractors, and material or equipment suppliers, as well as the District’s consultants, and separate contractors and other design professionals, to utilize and to reproduce applicable portions of the Instruments of Service for use in performing services or construction for the Project. Any termination of the contract with the Selected Contractor for any reason or under any condition shall in no way terminate or otherwise diminish the licenses and rights described herein. The Selected Contractor also shall secure on behalf of the District an irrevocable license to use any and all software necessary to operate the improvements provided through the Project as designed and intended.

18. All Selected Contractor overhead necessary for its performance of the Project is included in the Proposal price, unless otherwise specified herein.

19. The Selected Contractor will not discriminate against any employee or applicant for employment, to be employed in the performance of the contract, with respect to hire, tenure, conditions or privilege of employment, or any matter directly or indirectly related to employment, because of race, age, sex, color, religion, national origin, ancestry or physical disability. Breach of this covenant may be regarded as a material breach of the contract.

20. If the Selected Contractor shall neglect to execute the work properly or should refuse to remedy any defects in the work due to inferior quality of workmanship or material, or should in any manner fail to perform any provision of the contract, the District, after seventy-two (72) hours written notice to the Selected Contractor, may terminate the contract, and/or may correct such deficiencies and deduct the cost thereof from payment due the Selected Contractor. Additionally, the contract may be terminated for any reason by the District upon not less than thirty (30) calendar days’ written notice to the Selected Contractor. In the event of termination not the fault of the Selected Contractor, the Selected Contractor shall be compensated for services performed up to the date of termination.

21. The Selected Contractor shall perform its obligations hereunder in compliance with each and every Federal, State and Local law, statute, act, rule, regulation and ordinances, orders and codes, including applicable licensing requirements. The Selected Contractor shall comply with sound engineering and safety practices and any and all District and/or District Board of Education policies, practices, procedures and rules, past, present and future. The Selected Contractor shall be responsible for obtaining all governmental permits, consents and authorizations as may be required to perform its obligations.

22. The Selected Contractor shall perform its work, particularly its professional design work, consistent with the highest professional standard applicable to the profession and/or trade associated with the portion of the work of Selected Contractor at issue in a given circumstance.

23. The Selected Contractor shall provide a composite floor plan of each building reflecting each and every change resulting from the Project. The final composite plan shall show the District’s room number and/or text label for all rooms and spaces. The Selected Contractor shall prepare and provide a set of “As-Built” drawings showing changes in the

Charlevoix-Emmet ISD – RFP Number 18 work made during the Project. The Selected Contractor shall certify these drawings as accurate; provided the Selected Contractor’s certification shall be made to the best of the Selected Contractor’s knowledge. These drawings shall be provided in the form of reproducible drawings and digital documents as specified by the District. Digital format shall include all the following:

a. Copies of all drawing files in AutoCAD.

b. A “TIFF File” version of each printed sheet in the reproducible drawing set.

c. All digital files shall be presented on compact disk media or USB memory stick.

24. The Selected Contractor may not, without the District’s prior written consent, modify or change subcontractors or otherwise assign the contract, or part thereof, or any obligations thereunder, or arising from or relating to this RFP.

25. Independent Contractor. The Selected Contractor shall at all times be deemed a third party, independent contractor. Subject to the parties’ independent contractor relationship, the District shall have the right to reasonably approve the identity of representatives and employees of the Contractor, or any related contractor or subcontractors. The District shall retain the right to request that any employee of the Contractor or subcontractor removed from, or transferred within, the Project.

26. Governing Law. This RFP, and any contract arising from this RFP, shall be governed by the laws of the State of Michigan. The applicable law for any legal disputes arising out of this RFP or any contract shall be the law of (and all actions hereunder shall be brought

in) the State of Michigan, and the venue for such disputes shall be the Charlevoix County Circuit Court. The Contractor shall comply with all applicable sound engineering and safety practices and any and all District policies, practices, procedures and rules.

The Contractor shall be responsible for obtaining all governmental permits, consents, and authorizations, as may be required, to perform its obligations.

Contractor acknowledges and agrees that this Project is subject to the requirements of the Revised School Code, the School Building Construction Act, the Occupational Code, and other laws related to the construction of school buildings, and further agrees that it will comply and ensure compliance with all applicable laws including the foregoing.

Without limiting the breadth of the foregoing, Contractor shall ensure that District satisfies all filing requirements under MCL 380.1274a, either by filing the documents and information itself or by assisting the District in properly and timely filing such documents and information. Contractor shall work closely with the District with respect to the foregoing and shall keep the District fully informed of obligations and time frames.

27. Form of Contract. Any forms and contracts a Bidder propose to include as part of any contract resulting from this RFP between the Selected Contractor and the District must be submitted as part of its proposal. Any forms and contracts not submitted as part of the proposal and subsequently presented for inclusion may be rejected. While a Bidder may submit a suggested form of contract with its proposal, the award of the proposal is subject to the negotiation of a contract to the reasonable satisfaction of a representative of the School and/or the Board, incorporating the terms and conditions of this RFP, and subject to the review and approval by the District’s legal counsel.

Charlevoix-Emmet ISD – RFP Number 19

28. Incorporation by Reference. The District considers this RFP legally binding and will require that this RFP and the Bidder’s Proposal to be incorporated by reference into any subsequent contract between the Selected Contractor and the District. It should be understood by the Contractor that this means that the District expects the Selected Contractor to satisfy substantially all requirements listed herein. Exceptions should be explicitly noted in the Contractor’s proposal. Lack of exceptions listed in the Proposal will be considered acceptance of all of the requirements and specifications presented in this

RFP.

29. Payment and Performance Bonds. In compliance with Act 213, Public Acts of Michigan, 1963, as amended, the Selected Contractor shall execute performance and payment bonds acceptable to the District. One bond will be for the faithful performance and fulfillment of the contract and to include protection of the District from all liens and damages arising out of the work. The other bond will be conditioned for the payment of labor and materials used in the work and for the protection of the District from all liens and damages arising there from. Each of the bonds will be in the amount of one hundred percent (100%) of the total amount of the contract price, through satisfactory completion of installation.

30. Limitation of Liability. The District shall in no event be liable or responsible for damage or injury to any person or property related to the actions or inactions of the Contractor or the Contractor’s employees and agents. The District shall not be required or permitted to indemnify the Contractor, its employees, agents or any other third party. Contractor shall not require District to waive claims prior to their accrual, including, for example, by way of limitation of liability provisions or waivers of certain types of damages.

31. Taxes. Contractor is required to pay all taxes applicable to this project, including all sales, use, employment and any other taxes levied by Federal, State or local units of governments related to the work and/or the installation thereof. The District reserves the right to require evidence of payment of such taxes prior to final payment. All applicable taxes are deemed included in the Contractor’s price.

32. Price and Payment Terms. The Contract price shall be as bid within the Proposal and shall be inclusive of all design services, labor, materials, fees, expenses, overhead and profit. No charges for shipping, packing, drayage, or for any other purpose will be allowed over the price quoted herein. Payments shall be no more than monthly and shall be based upon percentage completion only. Contractor shall be required to provide supporting documentation with each invoice or request for payment sufficient to permit the District to verify completion. No payment shall be due for materials not delivered to the worksite prior to payment requests. Prior to any payment, Contractor shall prepare and present to the District a schedule of values that provides a detailed breakdown of the associated cost of the Project. The schedule of values, unless objected to by the District, shall be considered when reviewing the Contractor’s request for payment.

District shall make payment to Contractor within thirty (30) days’ of receiving Contractor’s invoice and supporting documentation, unless and to the extent the District reasonably disputes the invoice in good faith. District shall be entitled to withhold retainage of ten percent (10%) on all payments to Contractor until the project is finally completed. The Project will be considered finally completed when all work and punch list items have been verified complete and all project documentation has been submitted and accepted as complete, including but not limited to maintenance manuals, operation procedures, as-built drawings, and any other record documents of the project. Final

Charlevoix-Emmet ISD – RFP Number 20 payment by the District shall not constitute a waiver of claims against the Contractor;

however, the Contractor’s acceptance of final payment shall constitute a waiver of claims against the District.

33. Construction Administration Generally. Contractor will comply with compliance requirements of 1937 PA 306 and 1980 PA 299. Contractor shall provide and update cost estimates, including estimates of variable costs and potential change orders, on a periodic basis and at least to the extent necessary to comply with 1980 PA 299. It is expressly acknowledged and understood, however, that, for purposes of the preceding sentence and otherwise, the Contractor’s cost for performing the scope of work shall be fixed and shall not be increased under any circumstances other than a formally approved change order increasing the Contractor’s scope of work. Contractor shall comply with any and all other requirements of 1937 PA 306 and 1980 PA 299 in the performance of work hereunder. Contractor shall promptly notify the District of any discovered error or omission in the Instruments of Service or another contract document, and any means, methods, techniques or safety procedures of any subcontractor that fails to comply with industry standards.

34. Warranties. Contractor warrants that materials and equipment will be of good quality and new; that the Work will be free from defects not inherent in the quality required or permitted; that all equipment will be fit for the purpose for which it is intended; and that the Work and Services will conform to the requirements of the Instruments of Service and all other contract documents. Contractor warrants that the Work, and the materials and workmanship related thereto, shall be free from defects for a period of one year from final completion/installation. If Contractor fails to correct faulty, defective or nonconforming Work as provided in this section within twenty-four (24) hours after notice in the case of emergency conditions, or within five (5) business days after notice in other cases, the District may correct such work at Contractor’s expense, including costs incurred due to the removal of faulty, defective, or nonconforming work and removal and storage of equipment or materials left at the site. Nothing herein shall be construed to establish a period of limitation with respect to other obligations of the Selected Contractor. Establishment of the one-year period for correction of work described in this paragraph relates only to the specific obligation of the Selected Contractor to correct the work, and has no relationship to the time within which the Selected Contractor’s obligation to comply with the contract may sought to be enforced, nor to the time within which proceedings may be commenced to establish the Selected Contractor’s liability with respect to its obligations (including for defective work) other than specifically to correct the work.

Contractor warrants that it will assign any and all applicable warranties of third-party manufacturers and suppliers to the District.