Performance Based Energy Conservation Program RFP.pdf

COMPREHENSIVE, PERFORMANCE-BASED ENERGY

CONSERVATION PROGRAM

REQUEST FOR PROPOSALS

SUBMITTAL DEADLINE

October 14, 2024

12:00 pm.

Traverse City Area Public Schools 1212 Cass Road

Traverse City, MI 49685

Attn: Paul Thwing Email: ThwingPa@tcaps.net

TCAPS RFP #1

Energy Performance Contract 10/14/24

REQUEST FOR PROPOSALS

TABLE OF CONTENTS

SOLICITATION ADVERTISEMENT ............................................. Error! Bookmark not defined.

Section I. General Information

1. Purpose

2. Bidder Qualifications

3. Proposal Format

4. Contractor Responsibility

5. 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. Project Scope

6. Financial Analysis

7. Student Engagement

8. Additional Capabilities

9. Assurances

Section III. The Selection Process

1. Estimated Timetable

2. Mandatory Meeting

3. Site Visits

4. Proposal Evaluation

Section IV. Instructions for Submitting Proposals

1. Requests for Further Information

2. Submission of Proposals

3. Bid Security

4. Performance Bond and Labor and Material Payment Bond

5. Reservation of Rights

6. Cost of Proposal Preparation

7. Release of Claims

8. Finality of Decision

9. Irrevocability of Proposals

10. Collusive Bidding

Section V. Contract Terms and Conditions Section VI. Owner Requirements ……………………………………………………………………..18 Section VII. Exhibits..…………………………………………………………………………………...20

REQUEST FOR PROPOSALS – PERFORMANCE BASED ENERGY CONSERVATION CONTRACT

TCAPS Project Number: DW25-001

FROM:

The Owner:

Traverse City Area Public Schools (TCAPS) 1212 Cass Road Traverse City, MI 49685 Phone: 231.933.1935 Contact Person: Paul Thwing thwingpa@tcaps.net

Advertisement Date: September 29, 2024

TO: POTENTIAL BIDDERS

The Owner will receive sealed detailed proposals for a District Wide PERFORMANCE BASED ENERGY CONSERVATION CONTRACT. Proposals will be received until 12:00 PM on Monday, October 14, 2024 at 1212 Cass Road, Traverse City, Michigan.

Proposals will not be opened or read publicly at this time. Any proposals received after the specified date and time will not be considered.

Project Description:

The work scope is described in detail in the Request for Proposals (RFP).

Schedule:

Proposals Due: October 14, 2024 TCAPS Board Approval: October 21, 2024 Substantial completion: December 31, 2026

Bidding Documents:

Requirements and specifications for submissions are available on/at or through:

The State of Michigan – SIGMA website - https://sigma.michigan.gov

Builders Exchange of Northwest Michigan

RFP Documents may also be provided electronically by emailing your request for requirements and specifications to thwingpa@tcaps.net.

MANDATORY Pre-Bid Meeting:

A MANDATORY Pre-Proposal Conference will be held at 9:00 AM local time, Wednesday, October 2, 2024 at 1212 Cass Road, Traverse City, MI 49685. Attendance is mandatory for any prime bidding contractors submitting a proposal. Failure to do so will constitute material non-compliance with the bid conditions. The bidders list will be established from the sign-in sheet at this conference and no other will be added. Supplemental conferences will not be held.

SITE VISITS:

TO VISIT THE SITE YOU MUST REQUEST A SITE VISIT THROUGH THE CAPITAL

PROJECTS OFFICE, DO NOT CONTACT OR SHOW UP AT THE SCHOOL DIRECTLY.

TO SCHEDULE A SITE VISIT CONTACT:

Paul Thwing at 231-933-1935 or by email at thwingpa@tcaps.net or Rachel Majszak at 231-933-1939 or by email at MajszakRa@tcaps.net

It is expected that all bidders will be familiar with the site, project and existing conditions at the time their proposal is submitted. TCAPS will make every effort to accommodate site visit requests.

Bidding:

Bidders are required to provide Bid security in the form of a Bid Bond of a sum no less than five percent (5%) of the proposed contract amount.

Performance and Payments Bonds are required.

Refer to other proposal requirements in the RFP.

The proposals shall be submitted following the submission requirements in the Request for Proposals Supplement these requirements as appropriate to best describe your proposal.

Emailed or telephonic (faxed) proposals will NOT be received, accepted or read.

Proposals shall be accompanied by sworn and notarized statements included in the Exhibits Section of the RFP.

Your offer will be submitted under a condition of irrevocability for a period of 60 days after submission.

The Owner reserves the right to accept or reject any or all offers, waive irregularities, and to accept the proposal that in their opinion is in the best interest of the school district.

For: Traverse City Area Public Schools Josey Ballenger, Secretary of the Board of Education Date of Advertisement: September 29, 2024

Section I. General Information

1. Purpose

Traverse City Area Public Schools will receive detailed proposals for the design and implementation of as many energy efficient 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” (the “Project”). This Request for Proposals (the RFP) is being utilized to provide a competitive means via which the District may select a single energy services Bidder to implement the Project in accordance with the Michigan Revised School Code, MCL 380.12184a. Bidders submitting a Proposal in response to this RFP are variously referred to as “Bidder” or “Contractor”.

The District will make its final selection based upon the recommendation of the Board or a designated selection committee.

In general, the components of the Project are to:

1. Due diligence: Investigate, assess, audit, etc. existing equipment and building, conditions, operational characteristics and usage to establish a baseline for design.

2. Provide a comprehensive program for the District that may include installation of energy conservation capital improvement projects. The specific nature of the capital improvement projects is left to the Contractor’s judgment but must be clearly identified in the proposal.

2. Provide a more comfortable environment for building occupants. This may include installation, repair, renovation, or replacement of heating, ventilation, air conditioning, energy management, lighting systems, etc. The specific nature of improvements is left to the Bidder’s judgment but must be clearly identified in the Bidder’s Proposal.

3. Provide a minimum one-year warranty on all equipment, materials, design, and workmanship from the date of final acceptance by the Owner.

4. Provide training programs for Owner's personnel that enhance the overall efficiency of energy consuming operations within the District's facilities. Bidders are further encouraged to provide a proposed educational program regarding reduced energy consumption for students of the Owner.

5. Owner will incur no start-up costs. The district, at its sole discretion, shall determine the method and term of financing any costs of the Project, if any.

6. In accordance with MCL 380.12184a, energy savings for the Project must be guaranteed according to the International Performance Measurement and Verification Protocols® (IPMVP) or Efficiency Valuation Organization (EVO) guidelines current at the time of the RFP. The energy guarantee must be a first party guarantee provided by the Contractor.

Baseline data and assumptions will be agreed upon by the Owner and the successful Contractor. Final M&V methods consistent with the above guidelines will be negotiated with the selected ESCO based on the final selected scope and risk tolerance of the District.

7. The District would like the project to begin by December 1, 2024 and each Bidder must submit a proposal assuming that date will be the project start date. However, due to unforeseen reasons, the project may be postponed in the District’s sole discretion. Similarly, the District expects the project to be completed by December 31, 2026 but reserves the right to extend that date in light of the circumstances and applicable legal limitations on school construction activities.

2. Bidder Qualifications

Any Bidder responding to this RFP must be a NAESCO Accredited Energy Service Provider (ESP). Bidders must also offer in-house Energy Management System service capabilities.

3. 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 Bidder for this project.

4. Contractor Responsibility

The selected Bidder will be required to assume total responsibility of the project. The selected Bidder will be considered the “prime” contractor and the sole point of contact with regard to all contractual matters. The Bidder shall provide all services identified under MCL 388.851, et seq., that may be performed by an architect or engineer license including supervisory services.

Pursuant to those statutory provisions, the specifications for the Project shall be generic in character and, to the extent possible, shall not include proprietary equipment or technology developed by the Contractor or in which the Contractor has an interest. As required by law and/or regulation, the Contractor shall file all necessary plans, drawing and other materials with the appropriate agency of the State of Michigan to obtain the appropriate approvals for the Project.

5. 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 Bidder 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 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 a minimum font size of 11. The District 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 the District 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

Cover letters shall not exceed 2 pages. 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

Executive summary shall not exceed 2 pages. Responses shall include a summary overview of the Bidder’s qualifications, approach, and other pertinent information. Additionally, please list the following:

Listing of Base Bid and any Alternate Bids:

Project Cost:

Potential Energy Savings:

Finance Term:

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, distances from the District, number of employees based out of each location, 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 energy efficiency services and general capabilities regarding these services.

Describe the firm’s accreditation by the National Association of Energy Services

Companies (NAESCO) and by the Department of Energy (DOE).

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

Provide payment and performance bonding limits.

Provide evidence of insurance coverage in Exhibit F.

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

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.

Include an organizational chart of the team members assigned to the project.

o Resumes can be included in the appendix and should state education, experience, local branch address and other pertinent information. Project resumes are to be no more than one (1) page in length.

Identify who will supervise the project.

Identify service and manufacture parts center locations in Michigan.

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

C. References The Respondent shall include five (5) references that indicate prior relevant work as the ESCO Prime Contractor in a Michigan school district completed in the last 2 years. References for projects where the responding firm was not the ESCO Prime Contractor are not acceptable.

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

Each reference shall describe the project cost and annual guaranteed savings, project beginning and ending dates, and scope of work.

Provide a list of five (5) Michigan Service Agreement Customers. Include a contact name and telephone number.

D. Scope of Services Performance Contracting Services – Complete the table below indicating the services offered by the Bidder, those provided by others, and those not provided.

Design Build Services Direct

Provider Third Party

Not Provided

Building Energy Audits

Energy Engineering Design

Construction Management

HVAC System Maintenance Training & Service

Energy Management Training & Services

HVAC System Monitoring

Emergency Services/Rentals

Project Financing

Student Educational Services

Guarantee Measurement & Verification

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

Energy Efficient Equipment Direct

Manufacturer Distributor Buy/Resell

HVAC Equipment

BAS Controls

Lighting Systems

Plumbing Systems

4. Technical Approach

A. Design Build Approach 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 safety practices for working in Pre- K-12 school sites. 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.

D. Measurement & Verification Describe your firm’s approach to proving that the energy savings associated with this project have been achieved, in accordance with MCL 380.12184a, including the monitoring, verification and reporting of results. Include reference to the IPMVP guarantee type being proposed for each energy conservation measure. Also included in this section, the costs proposed for guaranteed measurement and verification services.

How does your firm handle situations in which the actual energy savings fall short of the guaranteed energy savings amount? Describe all events that may lead to guarantee modification or termination.

E. Training Address your firm’s approach to training the district’s personnel on the newly installed equipment. Identify the 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 center and their proximity to the District.

F. Support Services Describe your firm's available support services to the owner after construction is complete.

5. Project Scope

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

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

b. Annual net energy savings

c. Annual net operational savings

d. Any applicable utility rebates

e. Calculated simple payback

2. Identify and describe all proposed energy conservation measures listed in the table above. Provide a detailed description of scope of the work to be performed for each outcome, including quantities, sizes, capacities, etc., as applicable. Also clearly indicate any related items or existing equipment that is to remain.

3. Provide in table form, a detailed breakdown of the energy performance savings to be derived for each energy conservation measure, including the following:

Annual guaranteed electrical, natural gas, water, and/or other utility savings. Both usage savings and the calculated monetary value of those savings shall be listed.

Guaranteed energy savings and operating and maintenance costs savings resulting from each energy conservation measure and the project as a whole. Totals should match those listed in the summary table above.

4. Describe the engineering methodology and calculations used for each of the proposed energy savings measures. Also provide detailed calculations to substantiate any proposed operating and maintenance cost savings.

5. If the Bidder proposes a maintenance program, provide detailed information regarding the annual costs, scope of services provided, and terms of contract.

6. Provide a table identifying a summary of all warranties by equipment type, including manufacturer’s warranty coverage and duration that may exceed the overall project warranty term. Identify whether the product may qualify under the Buy America Act.

7. Provide a project schedule for implementation of the stated scope of work.

6. Financial Analysis

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.

For each project scope option, provide a comprehensive cash flow analysis. The following parameters are to be used:

a. Utility rate escalation: 4.0% annually.

b. Financing rate: 4.0%.

c. Financing shall not be over 20 years.

d. The initial term of the savings guarantee shall be 5 years. The District, at its sole discretion, shall determine the term of the guarantee (up to the financing term) during the contract stage of the RFP process.

7. Student Engagement

The District recognizes that students need a variety of comprehensive support to achieve success in school and in life. Extended learning opportunities are critical strategies to leverage student success. Please describe any programs that the respondent has in place to help develop such skills.

8. 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.

9. Assurances

Include bid security in the form of a Bid bond or certified check equal to 5% of the proposed contract amount as “Exhibit A”. Include copies in each of the proposal copies. Omission may disqualify the bid. Bid securities will be returned to the successful Contractor after a Contract has been executed, and acceptance of required bonds and insurance is made. The bid security of Contractors not under consideration for award of the Contract will be returned by the Owner in a timely manner. The bid security of all Contractors may be retained until a Contract is awarded. The bid security obliges shall be the Owner and shall become its property in the event that the Contractor fails to timely negotiate the Contract in good faith, deliver the performance and payment bonds, and send the required certificates of insurance. The bid security shall be forfeited to the Owner as liquidated damages, not as a penalty.

Provide an assurance that the bidder has carefully examined the instructions and specifications contained in the RFP and will perform the work and services set forth in its sealed proposal for the price set forth in its sealed proposal. Complete and attach RFP “Exhibit B”.

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

Provide a sworn and notarized statement certifying that the Contractor is not an Iran Linked Business. Complete and attach RFP “Exhibit D”.

Provide a sworn and notarized affidavit that no familial relationship exists between the Contractor or any employee of the Contractor or any member of the Board of Education or Director of Facilities of the Owner. Complete and attach RFP “Exhibit E”.

Provide evidence of insurance coverage. Section V (Contract Terms and Conditions Section). Attach Certificate of Insurance as “Exhibit F”

Section 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. Extensions will not be granted.

Action Date Time Release of RFP September 30, 2024 TBD Mandatory Pre-Proposal Meeting October 2, 2024 9:00 am Last Day to Submit Written Questions October 9, 2024 12:00 pm RFP Response Due October 14, 2024 12:00 pm Board Considers Proposals October 21, 2024 TBD Project Begins December 1, 2024 TBD

2. Mandatory Pre-Proposal Meeting

The District will conduct a Mandatory Pre-Bid Meeting for all respondents on October 2, 2024.The Pre-Proposal Meeting will commence at 9:00 am at 1212 Cass Road, Traverse City, MI 49685. 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 the Bidder’s request.

4. 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.

Section 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 to Paul Thwing, Director of Capital Project and Planning by email at ThwingPa@tcaps.net. All written questions, not considered proprietary, will be answered in 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) electronic and two (2) hard copies 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 October 14, 2024, at 12:00 pm (the “Due Date”) at 1212 Cass Road, Traverse City, MI 49685.

Bids should be addressed to the District and should be clearly marked “Proposal for Energy Conservation Improvements.” 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 summaries 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 5 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 II, Paragraph 9 (Assurances).

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 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 Bidder shall not be binding upon the District until the contractor agreement is approved by the 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.

7. 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.

8. 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.

9. 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.

10. 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.

Section 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 resulting contract between the Owner and Contractor for installation/implementation of the selected Project by the Contractor resulting from the Owner’s formal Board authorized acceptance of the energy conservation measures/projects contained in the Proposal of the successful Contractor will be subject to review and approval by the Owner’s legal counsel. The following are the general terms which must be included in the contract. Any forms and contracts a Contractor propose to include as part of any contract resulting from this RFP between the Selected Bidder and the Owner 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 Contractor 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 District and/or the Board, incorporating the terms and conditions of this RFP, and subject to the review and approval by the Owner’s legal counsel.

INSURANCES

The successful Contractor shall procure and maintain during the life of the agreement the following insurance coverage 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 and professional liability insurance in an amount of $2,000,000. In addition, the successful Contractor will procure and maintain an Umbrella or Excess Liability policy in the amount of $5,000,000. Such insurance will protect the Contractor and shall name the Owner 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. All insurance except professional liability insurance shall be written on an occurrence basis and shall be maintained without interruption from date of commencement of operations under the Agreement until the date the M&V services are completed. Professional liability insurance may be written on an occurrence basis or on a claims made basis, provided that if the professional liability insurance is written on a claims made basis, it shall have an extended discovery period of not less than six (6) years or as otherwise required by law. Professional liability insurance written on an occurrence basis shall be maintained until the final completion of the installation work; provided, however, that if Contractor proposes to provide professional engineering or architectural services during the M&V period, Contractor shall provide professional liability insurance during such period with respect to such services.

In the event that the Comprehensive General Liability Insurance covers all M&V activities including those of a bidder's energy engineer or other similarly designated representatives/personnel and provided that bidder provides evidence of such CGL insurance coverage for such personnel during the M&V period as a part of the bidder's bid, the bidder may provide professional liability insurance that is maintained only until final completion of the Project.

The insurance required shall be maintained without interruption from date of commencement of operations under the Agreement until the date specified that coverage is no longer required.

All certificates of insurance must be forwarded to the Owner prior to commencement of any work.

Required insurance policies shall not be changed or canceled without ninety (90) days’ prior written notice to the Owner.

BONDS

In compliance with Michigan Public Act No. 213 of 1863, as amended, the successful Contractor shall provide and execute surety bonds acceptable to the Owner. One bond will be for the faithful performance and fulfillment of the Contract and to include protection of the Owner from all liens and damages arising out of the work or the failed performance 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 Owner 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.

SUBCONTRACTING

In the execution of the Contract it may be necessary for the Contractor to subcontract part of the work to others. The Contractor shall inform the Owner as to which subcontractors will be used.

Subcontractors used shall be subject to the approval of the Owner. Nothing in this RFP or in the Contract shall create any contractual relationship between any subcontractor and the Owner.

The Owner shall be designated as a third-party beneficiary to any such subcontract. The Contractor shall not assign, transfer, convey, or otherwise dispose of this Contract, or any part thereof, or the firm's right, title, or interest in the same or any part thereof, without the previous written consent of the Owner. The Contractor shall not assign any of the monies due or to become due and payable under this Contract, without previous written consent of the Owner.

ACCESS TO INFORMATION

All design submittals produced by the Contractor in connection with the project shall be deemed instruments of service of the Contractor, however Owner shall have a perpetual, royalty free license in all such submittals and design materials for the purpose of ownership, operation and maintenance of the project and for all ancillary acts in connection thereto. The Contractor shall acquire, to the extent applicable, on behalf of the Owner a license to use the software required to access the Project data, subject to customary license agreements and requirements imposed by the software Contractor.

All overhead necessary for the Contractor’s performance hereof is included, unless otherwise specified herein.

The Contractor shall provide a detailed Project completion schedule upon award of the Contract.

EQUAL EMPLOYMENT OPPORTUNITY

The Contractor shall warrant and represent that it is an equal opportunity employer and that it does not unlawfully discriminate or discriminate against anyone due to race, creed, color, age, sex, national origin, disability or handicap.

ONE YEAR WARRANTY

The successful Contractor shall, at a minimum, guarantee all materials and workmanship against defects arising from normal usage for a minimum period of one (1) year from the date of completion and acceptance.

OWNER’S RIGHT TO CORRECT DEFICIENCIES

If the Contractor shall neglect to execute the work properly, or should the Contractor 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 this Contract, the Owner, after fifteen (15) days advance written notice to the Contractor, may correct such deficiencies and may deduct the cost thereof from payment due the Contractor.

STAFFING

The Contractor shall not recommend that Owner reduce or eliminate any employees or positions as a result of any changes implemented under the Agreement. Reduction, elimination or absorption of employees or positions by the Owner will not be considered nor shall it be included as part of any savings projected by the Contractor.

COMPLIANCE WITH LAW AND STANDARD PRACTICES

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

TAXES

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 entering into the work. The Owner reserves the right to require evidence of payment of such taxes prior to final payment.

USE OF BUILDINGS

The Owner will continue to occupy the buildings and site during the normal school year. Any Contractor 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 Owner during regular school hours.

CLEANLINESS

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 and excess material and any rubbish caused by its work and personnel. Selected Contractor will protect all its material and work from hazards and be fully responsible for their condition until accepted by the Owner, and shall also be responsible for any damage caused by it to the work or property of others, including but not limited to, the property of the Owner. Selected Contractor will reimburse the Owner 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.

USE OF OWNER PROPERTY

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 Owner without prior written consent.

GOVERNING LAWS

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. The Parties shall proceed to resolve any disputes by non-binding mediation as a condition precedent to litigation. The format of such mediation is to be selected and agreed upon by the parties at the time of dispute; however, if the parties are unable to reach agreement on the format for mediation, the parties agree that the construction mediation process of the American Arbitration Association shall be the mediation process used. If the dispute is not resolved by mediation and either party declares an impasse after at least one full business day of mediation, either party may elect to file an action with the venue in the state or federal courts applicable.

INCORPORATION BY REFERENCE

The Owner considers this RFP legally binding and will require that this Request for Proposal and the Contractor’s Proposal to be incorporated by reference into any subsequent contract between the Selected Contractor and the Owner. It should be understood by the Contractor that this means that the Owner 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.

FLOOR PLANS/DRAWINGS

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 Owner’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.

QUALITY OF DESIGN AND OTHER WORK

The Contractor shall perform its work, including 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 Contractor at issue in a given circumstance. All work and services performed by the Contractor shall be free from defects or deficiencies and shall comply with all project drawings, specifications, and requirements and shall be performed in accordance with highest level of skill and workmanship. Nothing in this paragraph shall be understood to extend any warranty provided by the bidder beyond the duration provided pursuant to this RFP.

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.

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 the Contractor within thirty (18) days’ of receiving Contractor’s invoice and supporting documentation, unless and to the extent the District reasonably disputes the invoice in good faith. 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.

Section VI. Owner Requirements

1. Work Restrictions

A. Noise, Vibration, and Odors: Coordinate operations that may result in high levels of noise and vibration, odors, or other disruption to Owner occupancy with Owner.

B. Non-Smoking Campus: Smoking or tobacco use of any kind is prohibited in the buildings and on the grounds of any TCAPS facility.

C. Employee Identification: TCAPS requires all Contractor personnel to wear identification badges at all times.

a. Badges are issued by the Human Resources Department in the Administration Building at Glenn Loomis, 1212 Cass Road, Traverse City, MI 49685, 231-933-1700

b. TCAPS Fingerprint Background Check Process and Forms are found on the Capital Projects and Planning webpage, https://www.tcaps.net/about/departments/capital-projects-and-planning/

This process must be completed before badges are issued.

c. Provide Owner’s PM with a list of personnel to be badged.

d. Personnel will be fingerprinted and are subject to FBI and State of Michigan background checks.

e. A fee is charged for each background check per badge issued; include the cost for badging in your BID.

f. Identification tags are numbered. Distribution of ID tags will include the recording of the tag number and the Contractor it is issued to.

g. Lost identification tags will be replaced at cost ($6.00) and billed to the

Contractor the tag is assigned to.

D. Parking: Contractor vehicles must be parked in legal parking areas or will be subject to towing, unless specific consent has been given by the Owner for purposes of loading or unloading tools, equipment, materials, etc. Parking of vehicles on sidewalks, landscape or other areas is prohibited.

E. Trash Disposal: Contractor is responsible for the removal of all trash, debris, excess material, etc. The use of TCAPS’ dumpsters is not permitted.

a. Failure to abide by this may render Contractor subject to back charges.

G. Use of TCAPS’ owned equipment, lifts, ladders, tools, custodial equipment or supplies, etc. is specifically prohibited. Contractor shall supply all necessary tools, equipment and materials necessary to complete the work.

2. ACCESS TO SITE

a. Use of Site: Limit use of Project site to areas within the Contract limits. Do not disturb portions of site beyond areas in which the Work is indicated.

Contractor to protect all adjacent building materials, surfaces, Owner’s furnishings, etc. and is responsible for any repair/restoration/replacement required as a result of any damage caused by the Contractor’s operations.

b. Area of Work: Contractor must keep the area of work reasonably presentable and clean throughout the duration of the work.

c. Security: Contractor is responsible for barricades, signage, etc. necessary to secure the area of work during construction.

d. Driveways, Walkways, Entrances, Doors: Keep all means of access and egress serving premises clear and available to Owner, Owner's staff, students, and emergency vehicles at all times. Do not use these areas for parking or storage of materials. Do not restrict, close or obstruct access to premises unless given specific written permission from the Owner’s PM.

e. Deliveries: Schedule deliveries to minimize use of driveways and entrances by construction operations and to minimize space and time requirements for storage of materials and equipment on-site.

f. Storage: Staging of contractor equipment, materials, tools or other project related items in data closets, janitorial closets, penthouses, tunnels or areas other than those specifically directed by the Owner is prohibited. Contractor shall safeguard their materials, tools, equipment. TCAPS is not responsible for vandalism and/or theft of same.

3. COORDINATION WITH OCCUPANTS

a. Owner Occupancy: Owner may occupy the premises during entire construction period, including the areas under construction.

b. Cooperate with Owner during construction operations to minimize conflicts and facilitate Owner usage. Perform the Work so as not to interfere with Owner's operations.

c. Provide not less than 72 hours’ notice to Owner’s Representative of activities that will affect Owner's operations or building occupants, including but not limited to utility interruptions, odor, noise, vibration.

4. WAIVERS OF SUBROGATION

Delete any contract sections and references to ‘Waivers of Subrogation’ and replace with

“The parties agree that the School District is not waving any rights its insurer(s) may have to subrogation. To the extent any term in the agreement is contrary to this provision, such term is void and unenforceable”

Section VII. Exhibits

Exhibit A: Potential Scope of Work/Sites

A. HVAC System Modifications & Upgrades B. Web-Based Building Automation System C. Lighting-All LED fixtures shall be by major tier 1 manufacturers with Ten (10) years LED lighting experience, 10 years lighting experience, and shall be UL listed, FCC compliant, and DLC Qualified or Energy Star Certified. All manufacturers shall be headquartered with offices in North America or Europe. All lighting parts shall include industry standard warranties.

D. Fenestration Improvements E. Water Conservation F. Building Envelope G. Solar Energy Generation H. Thermal Energy Storage I. Student Interactive Educational Supplemental Curriculum J. Other ECMs Improvements as recommended by the ESCO

All Overhead Costs incurred by the successful ESCO shall be included in its proposed contract price, unless otherwise specified in its proposal.

Sites 1 TC Administration Glenn Loomis 1009 S. Oak St. Traverse City MI 49684 2 TC Central HS 1150 Milliken Drive Traverse City MI 49686 3 TC West HS 5376 N. Long Lake Road Traverse City MI 49685 4 TC High School 3962 Three Mile Road North Traverse City MI 49686 5 TC East MS 1776 Three Mile Road Traverse City MI 49696 6 TC West MS 3950 Silver Lake Road Traverse City MI 49696 7 TC Montessori 4053 Franke Rd. Traverse City MI 49684 8 Blair 1625 Sawyer Road Traverse City MI 49684 9 Central Grade 301 West Seventh Street Traverse City MI 49684

10 Cherry Knoll 1800 Three Mile Road Traverse City MI 49696 11 Courtade 1111 Rasho Road Traverse City MI 49696 12 Eastern 1600 Eastern Avenue Traverse City MI 49686 13 Long Lake 7600 North Long Lake Road Traverse City MI 49685 14 Oak Park 301 S.