Oakridge South Carr Energy Project - RFP.pdf

OAKRIDGE PUBLIC SCHOOLS

SOUTH CARR ELEMENTARY

ENERGY CONSERVATION PROJECT

REQUEST FOR PROPOSALS

Issued from District - April 17, 2020

Proposals Due - May 15, 2020

ENERGY CONSERVATION IMPROVEMENTS

Bids Due: May 15, 2020

CONTENTS 2

I. TABLE OF CONTENTS

Section

I. Table of Contents

II. Project Description

III. Components of Proposal / Format

IV. The Selection Process

V. Instructions for Submitting Proposals

VI. Terms and Conditions

PROJECT DESCRIPTION 3

II. PROJECT DESCRIPTION

1. Oakridge Public Schools (the “District” or “School District”) requests detailed proposals for the implementation of a new heating, ventilating and air conditioning (HVAC) system at South Carr Elementary, on a performance-contracting basis. This request for proposal (RFP) will provide a competitive means in which to select a single company to implement the improvements.

2. In general, the components of the program are to:

a) Provide new HVAC system, which must include the installation of energy saving equipment and materials. This must include replacement of the existing heating, cooling, and ventilation system and installing air conditioning throughout the building and new temperature control systems.

The specific nature of the improvements is left up to the Bidder’s judgement but must be clearly identified in the Bidder’s Proposal. The School District must have an operational heating system by October 15, 2020.

b) All new HVAC equipment must include new temperature controls, with a focus on energy efficiency. All new controls must be tied into the existing Honeywell EBI system that operates the rest of the District.

c) Electrical upgrades as necessary for HVAC upgrades. Must also back feed storage building, located south of the school. Additionally, must allow 200-amp excess capacity for future bus parking lot.

d) Provide a minimum one-year call-back warranty period on all work, including labor, equipment, and materials.

e) Provide a written detailed breakdown and show calculations of both the energy performance savings and operational savings to be derived each year of the contract for the duration of the contract and provide a guarantee of annual energy savings. The breakdown must include at least all the following:

1. A description of the guaranteed energy and operational savings and tasks to be performed under the energy savings performance contract.

2. The combined total net cost of all the energy conservation measures in the Project.

3. The projected energy savings and operating and maintenance costs savings resulting from the Project on both an annual and full duration of contract basis.

4. The useful life of each Energy Conservation Measure “(ECM”).

5. The simple payback period.

PROJECT DESCRIPTION 4

f) Provide a guarantee of annual energy savings. The bidder must include as part of the program, a minimum written guarantee of energy savings for a period of five (5) years. However, the School District may elect to have the guarantee term be less than five (5) years. If, at the end of any guarantee year during the guarantee period, the annual energy audit proves the improvements have failed to achieve the annual guaranteed energy savings, the selected contractor will pay the School District the difference between the annual amount guaranteed and the actual energy savings. This guarantee will assure the School District that the savings will be achieved each year. The energy guarantee must be a first party guarantee.

g) Proposals shall include detailed engineering calculations for the proposed energy savings.

h) The Bidder shall provide a detailed measurement and verification plan (the "M&V Plan"). Provide an annual energy audit. The annual savings will be verified by an annual energy audit through a source outside of the bond budget. All Measurement and Verification Plans must meet the most recently published International Performance Measurement and Verification Protocol (IPMVP). The M&V Plan shall measure all gas and electric utility savings and shall include the following elements:

1. A detailed description of the M&V services to be provided upon completion of installation and construction

2. A description of the intended IPMVP option(s) to be used including a description of measurement methods and equipment to be used, if applicable

3. Proposed baseline operating data to be utilized. (Detailed bills to be provided.)

4. Commissioning of the newly installed ECM’s

5. Documentation of post ECM energy and operating data

6. Annual Energy Audit and savings report. The audit must be consistent with accepted engineering and IPMVP practices.

h) Pursuant to 1937 PA 306, as amended and 1980 PA 299, as amended, the selected contractor shall provide all services identified in those acts that may be performed by an architect and/or engineer, including supervisory services. Specifications for the Project shall be generic in character and, to the extent possible, shall not include proprietary equipment or technology developed by the Selected Contractor or in which the Selected Contractor has an interest. Further, the Selected Contractor shall satisfy all requirements relative to filing plans with and obtaining approval of the State of Michigan for the Project.

PROJECT DESCRIPTION 5

i) A bidder’s energy savings proposal shall not be based upon the partial reduction in the School District's staff or the purchase of deregulated electricity and/or natural gas, though Bidder may offer recommendations on deregulated energy supplies for the benefit of the School District. Such recommendations shall be separate from any statement of energy savings.

j) Provide training programs for School District personnel that enhance the overall efficiency of energy consuming operations within South Carr Elementary. Location and duration should be stated as well as the number of people that will be trained.

k) Proposals which require asbestos or other hazardous material removal as part of proposed ECMs must be identified in the proposal. The District will be responsible for the cost and removing the same from the site prior to any work being done.

PROPOSAL FORMAT 6

III. COMPONENTS OF PROPOSAL / FORMAT

All proposals submitted must contain the following information in the order requested.

1. Name and address of Proposer.

2. Names and resumes of the people who will be assigned to the project.

3. A detailed summary of the installation to be performed by category.

a. HVAC System Modifications

b. Temperature Control System

c. Integration into Existing Honeywell EBI System

d. Electrical Upgrade

e. Other, as recommended by Bidder

4. Measurement and Verification (M & V) program for monitoring the energy savings.

All M & V Plans must meet the most recently published International Performance Measurement and Verification Protocol (IPMVP).

5. Identify any proposed maintenance program and associated costs. Identify if the proposed maintenance program is required for the guarantee.

6. Training program and costs. Include hours, location, number of participants.

7. Assurance that all work will be performed in accordance with all applicable codes.

8. Provide details of costs, savings, energy savings (in energy units) and simple paybacks. See Cost / Savings Summary template attached as Table 1.

9. Guaranteed savings description, including energy rates to be used and the units of energy guaranteed to be saved.

10. List ALL K-12 performance contracting projects in Michigan since January

2010 for which your firm is the prime contractor. Excluding projects may result in proposal disqualification. A sample Performance Contracting History reference template is attached as Table 2. Also include case studies of school projects that you have converted heating systems from steam to hot water through performance contracting.

PROPOSAL FORMAT 7

11. Credit information and references including primary bank, two large suppliers, latest D&B report, and the latest audited annual financial report.

13. Proposal to be signed by an authorized Proposer official. An acknowledgment that Bidder has carefully examined the instructions and specifications contained in the RFP and that all terms contained therein are fully incorporated into the Proposal

14. Provide project management responsibility and a detailed project completion schedule. Provide a statement of program management responsibility, including the supervision required for the Program pursuant to Act 306, Public Acts of Michigan of 1937, as amended and Act 299, Public Acts of Michigan of

15. Attachments:

a) Authorization and certification that all Section II requirements are included

b) Acceptance of Program Management and code compliance responsibilities

c) Affidavit of Bidder (Familial Disclosure Statement)

d) Affidavit of Compliance (“No Iran Linked Business “)

e) Bid bond

f) Baseline Utility Summary, including normalized consumption upon which the guarantee and savings are based. Template is attached as Table 3.

g) Baseline / Guarantee Operating Parameters showing all pre-project and post project run times and space temperatures. Template is attached as Table 4.

h) Energy Saving Calculations for each retrofit included in proposal

16. An express itemized statement of all warranties on specific products included in the Proposal in addition to the one-year call-back warranty of all work that must be included as part of the Proposal.

PROPOSAL FORMAT 8

Table 1. Savings and Cost Summary

Energy Conservation Measure Price Electric

Saved ($) Gas Saved

Water/Sewer

Saved ($) Total Energy Savings ($)

Ops Savings

Utility Rebates

Simple Payback

Equipment Life (years)

HVAC Improvements Other Improvements Total, All ECM Types $0 $0 $0 $0 $0 $0 $0 #DIV/0! -

PROPOSAL FORMAT 9

Table 2. Performance Contracting Project History

Client Contract Amount Year Contact Name Contact Job Title Phone Number

PROPOSAL FORMAT 10

Table 3. Baseline Utility Summary

B U I L D I N G GROSS AREA

ENERGY

ELECTRIC GAS TOTAL ENERGY

Charges

$ Consumed KWH Winter

KW Summer KW Ave Rate

$/KWH

KBTU/Ft2 Charges

($) Consumed CCF Ave Rate

$/CCF

KBTU/Ft2

No. NAME Ft2 $ $/Ft2 MMBTU KBTU/Ft2

5 South Carr Elementary 18,540

TOTAL

B U I L D I N G GROSS AREA

UTILITIES

SEWAGE WATER TOTAL

Water + Sewer TOTAL

Utility + Energy Charges

($) Consumed kGal Ave Rate

$/kGal Charges ($) Consumed kGal Ave Rate $/kGal

No. NAME Ft2 ( $ ) $/kGal ( $ ) $/Ft2

5 South Carr Elementary 18,540

TOTAL

PROPOSAL FORMAT 11

Table 4. Baseline and Guarantee Period Operating Parameters

SELECTION 12

Table 5. List of District Buildings

List of Oakridge Schools Buildings

Building Name Address City State Gross Sq. Feet 1 South Carr Elementary 1050 South Carr Rd Muskegon MI 18,540

SELECTION 13

IV. THE SELECTION PROCESS

A. TIMETABLE

The School District expects to undertake the selection process described below:

1. Advertise Request for Proposals April 17-May 1, 2020 a.) Post Advertisement on the Department

Of Management & Budget website.

b.) Place an Advertisement in the local Newspaper.

2. Mandatory Bidders Conference / Group Survey May 1, 2020 at 10:00 AM

3. Submission of Proposals May 15, 2020 by 2:00 PM EST

4. Bid Review May 15-18, 2020

5. Vendor Interviews As Necessary

6. Selection May 20, 2020

7. Contract Development /Execution June

B. BIDDERS CONFERENCE

The School District will conduct a mandatory bidder’s conference and group survey on May 1, 2020 at 10:00 AM. The bidder conference will commence in the District Administration Office at 275 S. Wolf Lake Road, Muskegon, MI 49442. We do ask that you inform your team of what Public Health is asking us to convey:

1. Wash your hands often with soap and warm water for 20 seconds or use hand sanitizer.

2. Avoid touching your eyes, nose, or mouth with unwashed hands.

3. Cover your mouth and nose with a tissue or upper sleeve when coughing or sneezing.

4. Avoid contact with people who are sick.

5. If you are sick, stay home, and avoid contact with others.

6. Replace handshakes with elbow bumps.

7. Stay at least 6 feet away from others when in a public setting.

C. SITE VISITS

Additional site visits can be scheduled as necessary. Bidders should contact Cory Schullo, Director of Maintenance, 231-788-7104.

D. SUBMISSION OF PROPOSALS

Bidders shall submit proposals as described in Sections II, III, IV, V, and VI.

OAKRIDGE SCHOOL DISTRICT

Bids due: May 15, 2020

SUBMITTING PROPOSALS 14

V. INSTRUCTIONS FOR SUBMITTING PROPOSALS

A. REQUESTS FOR FURTHER INFORMATION

Questions concerning this RFP and the procedures for responding to the RFP should be directed to Cory Schullo, Director of Maintenance, 231-788-7104.

B. SUBMISSION OF PROPOSALS

Bidders shall submit sealed, written proposals by May 15, 2020 2:00 PM EST at the School District’s District Administration Office at 275 S. Wolf Lake Road, Muskegon, MI 49442.

An original and two copies of the proposal shall be submitted in 3 ring binders. The District also requires the entire proposal be submitted on a thumb drive. Late bids will not be accepted. Should Governor Whitmer’s Stay Home executive be extended past May 15, 2020, bids will be accepted electronically at cschullo@oakridgeschools.org .

The School District reserves the rights to disqualify from consideration proposals which do not substantially provide all the information requested in this RFP.

C. BID BOND

Required. Refer to the Terms and Conditions Section.

D. PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND

Required. Refer to the Terms and Conditions Section.

E. PROPRIETARY INFORMATION

After proposals have been opened, all proposals shall be subject to the Michigan Freedom of Information Act (442 PA 1976), unless the information thereof falls under an exemption.

F. RIGHT TO REJECT

In submitting a proposal, it is understood by the Bidder that the right is reserved by The School District to accept any proposal in any and all parts, to reject any and all proposals, and to waive any irregularities or informalities which are in the best interest of the School District.

G. 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 School District.

H. RESERVATION OF RIGHTS

The School 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 School 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 Board of Education determines will perform in the School District’s mailto:cschullo@oakridgeschools.org

OAKRIDGE SCHOOL DISTRICT

Bids due: May 15, 2020

SUBMITTING PROPOSALS 15

best interests. The School District reserves the right to request additional information from any or all Bidders. The School District reserves the right to select one or more Bidders to perform the Project on behalf of the School District. The selection of a Contractor or a Proposal shall not be binding upon the School District until the contractor agreement is reduced to writing, approved by the Board of Education in accordance with Michigan law, and signed by an authorized school official. In the event the School District and the selected Bidder are unable to agree to acceptable terms and conditions, the School District, in its sole discretion, may elect to terminate the award, reject the selected Bidder’s proposal, and select another Bidder.

TERMS 16

VI. CONTRACT TERMS AND CONDITIONS

The term “Selected Contractor” means the Bidder whose Proposal is accepted by the School District to perform the services outlined in this RFP. 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

TERMS 17

Proposal submitted and made payable to the District as required by MCL 380.1267 ("Bid Security"). The Bid Security is a guarantee the Selected Contractor will, in case its Proposal is accepted, enter into a contract with the District within sixty (60) days, unless extended by the District, to construct the Project proposed and to give satisfactory performance and payment bonds in the amount of the contract as specified. The bank money order, certified check or bid bond of the Selected Contractor will be forfeited to the District upon failure to enter into such contract and to give such bonds. The bank money order, certified check or bid bond of the Selected 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 MCL 129.201, et seq. 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 Board of Education 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.

TERMS 18

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 an amount of $2,000,000. In addition, the Selected Contractor will procure and maintain an Umbrella Liability policy in 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-insured's.

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. The Selected Contractor shall provide the District constant access to any computer system hardware and software used to develop and/or store Project data, no matter where or by whom produced or operated and Selected Contractor shall facilitate placing the District online with same by modem, station, or other method of connection, if such connection is possible. The drawings, specifications, and all other documents, electronic or otherwise, prepared by the Selected Contractor and/or its employees, contractors, TERMS 19 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 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

TERMS 20

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 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.

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. 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. 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 Alpena 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

TERMS 21

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. Any forms and contracts a Bidder proposes 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.

28. 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. 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. 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. 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. 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

TERMS 22

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 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. Contractor shall provide daily on-site administration and supervision of all work, including work of subcontractors, at least in compliance with the 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. 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

TERMS 23

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. Upon written notice from the District, Contractor shall, at its option, repair, or replace the defective Work with new parts or equipment (not reconditioned materials) or re-perform defective services. During the applicable warranty periods, Contractor shall pursue rights and remedies against manufacturers under the manufacturer warranties as necessary. Contractor shall notify the District of any claims under manufacturer warranties exercised by Contractor.

35. Should the Selected Contractor be obstructed or delayed in the prosecution or completion of the Project by the act, negligence, delay, or default of the District or by any other damage, act or cause beyond the reasonable control of the Selected Contractor, then the time fixed for the completion of the Work shall be extended for a period equivalent to the time lost by reason of such event. Unless otherwise agreed by the District and the Selected Contractor via a mutually executed amendment or change order, such an extension shall be the sole remedy for the Selected Contractor for delays, and no monetary remedy of any nature shall be available to the Selected Contractor for such delays. Under no circumstance shall the Selected Contractor be liable to the District for costs associated with a delay in the prosecution or completion of the Project resulting directly from any act, negligence, delay, or default of the District, or for costs associated with delays resulting from any other damage, act or cause beyond the reasonable control of the Selected Contractor or any subcontractor for whom it is responsible.

TERMS 24

Attachment A

AUTHORIZATION AND PROPOSER ACKNOWLEDGMENT OF RFP REQUIREMENTS

The undersigned declares that he/she has carefully examined the instructions and specifications contained in the RFP and will furnish the properties and services set forth in its sealed proposal for the price set forth in its sealed proposal.

Name of Company: _____________________________________________________________

Address: _____________________________________________________________________

City/State/Zip: ________________________________________________________________

Phone/Fax: ___________________________________________________________________

Representative/Title: ___________________________________________________________

Signature: ___________________________________________________________________

Date: _______________________________________________________________________

TERMS 25

Exhibit B

PROPOSER ACKNOWLEDGMENT/STATEMENT OF ACCEPTANCE OF PROGRAM

MANAGEMENT RESPONSIBILITIES

Provide 1) a statement of program management responsibility, including the supervision required for the Program pursuant to Act 306, Public Acts of Michigan of 1937, as amended, and 2) a statement of responsibility for all code compliance:

(Insert #1 below)

(Insert #2 below)

Name of Company:

Address:

City/State/Zip:

Phone/Fax:

Representative/Title:

Signature:

Date: __________________________________________________________

TERMS 26

Exhibit C

AFFIDAVIT OF BIDDER

The undersigned, the owner or authorized office of ______________________(the “Bidder”), pursuant to the familial disclosure requirement provided in the advertisement for Request for Proposals for South Carr Elementary Energy Conservation Improvements, hereby represent and warrant, except as provided below, that no familial relationships exist between the owner(s) or any employee of and any member of the Board of Education of the School District or the Superintendent of the School District.

List any Familial Relationships:

1.

2.

3.

4.

5.

BIDDER:

By:

Its:

STATE OF MICHIGAN )

)ss.

COUNTY OF )

This instrument was acknowledged before me on the day of , 20___, by

, Notary Public County, Michigan My Commission Expires:

Acting in the County of:

TERMS 27

Exhibit D

AFFIDAVIT OF COMPLIANCE – IRAN ECONOMIC SANCTIONS ACT

Michigan Public Act No. 517 of 2012

The undersigned, the owner or authorized officer of _____________________ (the “Bidder”), pursuant to the compliance certification requirement provided in Oakridge Schools’ (the “School District”) Request For Proposals For South Carr Elementary Energy Conservation Improvements, hereby certifies, represents and warrants that the Bidder (including its officers, directors and employees) is not an “Iran Linked Business” within the meaning of the Iran Economic Sanctions Act, Michigan Public Act No.

517 of 2012 (the “Act”), and that in the event Bidder is awarded a contract as a result of the aforementioned Request For Proposal, the Bidder will not become an “Iran Linked Business” at any time during the course of performing under the contract.

The Bidder further acknowledges that any person who is found to have submitted a false certification is responsible for a civil penalty of not more than $250,000.00 or 2 times the amount of the contract or proposed contract for which the false certification was made, whichever is greater, the cost of the School District’s investigation, and reasonable attorney fees, in addition to the fine. Moreover, any person who submitted a false certification shall be ineligible to bid on a Request For Proposal for three

(3) years from the date that it is determined that the person has submitted the false certification.

BIDDER:

Name of Bidder

By:

Its:

Date:

STATE OF )

)ss.

COUNTY OF ____________ )

This instrument was acknowledged before me on the _____ day of ____________, 2020, by

, Notary Public ______________ County, __________ My Commission Expires:___________

Acting in the County of :___________