Rapid River Schools RFP.pdf

Rapid River Schools

REQUEST FOR PROPOSALS

FOR

ENERGY SAVINGS CAPITAL IMPROVEMENTS ON A

PERFORMANCE CONTRACTING BASIS

October22, 2019

I. Table of Contents

I. Table of Contents

II. Project Description, Goals, and Guidelines

III. Proposal Components/Format

IV. The Selection Process

V. Instructions for Submitting Proposals

VI. Contract Terms and Conditions

VII. Exhibits

A. Exhibit A List of School District Facilities B. Exhibit B-1 Acknowledgement of RFP Requirements C. Exhibit B-2 Statement/Acceptance of Project Management

Responsibilities D. Exhibit C Affidavit of Bidder E. Exhibit D Affidavit of Compliance - Iran Economic Sanctions Act

Energy Savings Performance Contract RFP

October 22, 2019

II. PROJECT DESCRIPTION

Rapid River Schools (the “School District”) requests detailed Proposals for the design and implementation of energy conservation measures ("ECMs") School District-wide (the "Project"), on a performance-contracting basis. This Request for Proposals (the “RFP”) is being utilized to provide a competitive means in which the School District may select a single performance contracting/design-build contractor to implement the ECMs in accordance with the Michigan Revised School Code, MCL 380.1274a. Bidders submitting a Proposal in response to this RFP are variously referred to as a “Bidder,” “ESCO,” or “Contractor.”

1) In general, the components of the Project are to:

a) Provide comprehensive energy services for buildings listed in attached Exhibit A, which may include the installation of energy saving equipment and materials. The specific nature of the improvements is left up to the Bidder’s judgment, but must be clearly identified in the Bidder’s Proposal. Equipment and equipment manufacturers must be identified within the Bidder’s Proposal. Key improvements desired by the District are listed and prioritized in Section II, Subsection 3) below.

b) Provide a more comfortable environment for building occupants, as well as improved quality and safety for interior and exterior. This may include the repair, renovation or replacement of existing heating, ventilation, air conditioning, or temperature control systems, and lighting. The specific nature of improvements will be left up to the Bidder’s judgment, and must be clearly identified in the Bidder’s Proposal. The District also welcomes your recommendations for more sustainable and cost effective solutions to reduce costs and environmental impact.

c) Provide a minimum 18-month warranty on all equipment, materials, design and workmanship from the date of final acceptance by the School District. Longer warranty is advantageous to the owner on individual ECMs, pieces of equipment and/or the overall project.

d) Design a Project that will have one (1) contract between the School District and the selected

ESCO. The School District will not have separate contracts with a subcontractor as part of the overall performance contract scope of the Project, other than for any required asbestos remediation, if necessary. The District may concurrently issue a separate RFP for solar installations including a Purchase Power Agreement (PPA). Solar solicitation and proposals will be issued separate from this RFP, evaluated separately, and awarded separately. ESCO Proposal responses for this RFP should not contain Photo-Voltaic (PV) solar panels or a PPA or solar savings as those will be bid separately. Any such savings and costs will be removed by the owner and the resultant bids evaluated without such options. The contemplated guaranteed savings term is 15 years. Proposals will be evaluated on that basis. The district reserves the right to adjust the savings terms after a selection is made. Proposals must follow a level payment schedule in order to more easily compare solutions.

e) Proposals shall provide a written detailed breakdown showing separately for the Base Proposal Scope and the Optional Scope all of the following:

i) Detailed engineering calculations for the proposed energy savings of each ECM.

Calculations must be systematic, clearly labelled, show intermediate steps, and highlight final results. In addition, the results must be summarized in a table that clearly matches the individual calculation results. If de-rates are used to provide a cushion for error, those should be clearly identified. ii) Calculations of the energy performance savings for each year of the contract for the duration of the contract.

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

iv) The combined total net cost of all the energy conservation measures in the Project as well as a cost breakout by ECM by building. (See Table 1 on page 16.)

v) The projected energy savings and operating and maintenance costs savings resulting from the Project as well as a breakout by ECM by building. This includes both energy units and dollars saved.

vi) The useful life of each ECM.

vii) The simple payback period.

f) Provide a written guarantee of annual energy savings. Provide as part of the Project a minimum written guarantee of measured energy savings for a period of five (5) years with an option for the entire contract term (15 years). However, the School District may in its sole discretion elect to cancel the guarantee term at any point in the contract. 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.

g) Provide a detailed Measurement and Verification Plan (the "M&V Plan"). All Measurement and Verification Plans must meet the International Performance Measurement and Verification Protocol (IPMVP) now known as the Efficiency Valuation Organization (EVO) guidelines at the time of this RFP. The M&V Plan shall measure all natural gas, electric, and water/sewer utility savings and shall include the following elements:

i) A detailed description of the M&V services to be provided and the timing of those services.

ii) A description of the intended IPMVP/EVO Option or Options to be used including a description of measurement methods and measurement equipment to be used, if applicable.

iii) Proposed baseline operating data to be utilized (volumes, rates, and annual costs).

iv) Proposed baseline weather adjustments (such as HDDD, CDDD, etc. and source of such data and the proposed baseline levels.)

v) Commissioning of the newly installed ECMs.

vi) Documentation of pre & post ECM energy and operating data.

vii) vii) Annual Energy Audit and savings report. The audit must be consistent with accepted engineering practices (i.e. consideration for weather adjustment, utility billing periods, and rate structures).

viii) Provide a construction period savings report within 60 days of completion of construction.

ix) Provide all the scope of work items listed in Section III – Proposal Components/Format as well as any other recommended scope of work items.

2) General Guidelines

a) The intent of the Request for Proposal is to solicit proposals from NAESCO accredited Energy

Service Companies (ESCOs). Bidders that don’t satisfy this requirement will be disqualified.

Bidders must be capable of providing a turnkey energy conservation program for the District.

Responses to this RFP shall describe the ESCO’s capability to identify the need for, design, install, maintain, monitor, and arrange the financing of a large-scale, comprehensive energy-conservation program.

b) Each bidder submitting a proposal must have a minimum of (3) guaranteed energy savings programs installed (or in installation) with school districts in Michigan. Bidder must be able to document these projects.

c) The Proposal’s energy savings shall not be based upon the partial reduction in the Owner’s staff or such recommendations shall be separate from any statement of energy savings.

d) Owner will incur no start-up costs. The successful Vendor shall show net benefits to the Owner over a 15-year period, including a statement of net costs and savings of the Project on an annual basis. Owner, at its sole discretion, shall determine the method and term of financing any costs of the Project. The costs of the Project shall be primarily offset by the energy conservation and operational savings of utility and/or maintenance cost reductions (not including staff reductions). 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 Bidder will pay the Owner the difference between the annual amount guaranteed and the actual energy savings. This guarantee will assure the Owner that the savings will be achieved each year.

e) In accordance with MCL 380.1274a, all energy savings for the Project must be guaranteed according to the International Performance Measurement and Verification (M&V) Protocol (IPMVP) or its successor organization the Efficiency Valuation Organization (EVO) guidelines current at the time of the RFP. Baseline data and assumptions will be agreed upon by the Owner and the successful Bidder. 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 Owner.

f) Bidders shall provide comprehensive energy services for buildings listed in attached Exhibit A, which include the installation of energy conservation measures pursuant to 1937 PA 306, as amended and 1980 PA 299 (including, specifically, MCL 339.2011), as amended. The selected Bidder shall provide all services identified in those acts that may be performed by an architect and/or engineer, including supervisory and cost estimating 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 Bidder or in which the Bidder has an interest.

Further, the selected Bidder shall satisfy all requirements relative to filing plans with and obtaining approval of the State of Michigan for the Project. The selected Bidder shall be responsible for obtaining all necessary permits and inspections by local and or state authorities as applicable. The selected Bidder will be responsible for all costs and work associated with code compliance due to ECMs proposed.

g) Energy or operating savings in a 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.

h) The Proposal shall provide training programs for applicable School District personnel that enhance the overall efficiency of energy consuming operations within the School District's facilities.

3) Desired Scope

a) At a minimum, Proposals should address the “Base Proposal” energy savings areas. Other areas are optional and at the ESCO’s discretion. Total cost and savings for each ECM should be noted separately.

b) Base Proposal Scope (Priority 1).

It is expected, that at a minimum, the following energy conservation techniques will be investigated on an individual basis or in combination with other techniques and implemented, if deemed cost effective by Rapid River Schools

• Energy management control system

• Large-scale lighting control

• Individual room lighting control (motion sensors)

• Optical reflectors for fluorescent light fixtures

• Fluorescent lamp and ballast replacement

• Incandescent to florescent lighting conversion

• Conversion to HID

• Motion sensor control

• Day lighting control

• Exit sign conversion

• Other lighting modifications

• Air conditioning unit replacement

• Chiller replacement

• Chiller optimization and control

• Economizer control

• Thermal storage for heating and cooling

• Environmental system control replacement

• Heating, ventilating and air conditioning system modifications

• Variable speed/frequency drives

• Air compressor replacement/upgrade

• Fuel conversion

• Boiler/burner replacement

• Boiler heat recovery

• Boiler combustion controls

• Building envelope improvements

• Domestic hot and cold-water systems

• Air management systems

• Kitchen appliance conversion to gas

• High efficiency motors

• Motor down-sizing

• Energy conservation awareness training

c) Optional Scope (Priority 2).

Additional scope as recommended by the ESCO that either is self-funding through savings or aids in the achievement of further improving district comfort levels and reducing district costs.

effective by Rapid River Schools

• Security window film

• Overhead doors

• Emergency generators

• Refrigeration replacement

ii) “ALSO CONSIDERED” PLEASE INCLUDE KEY IDEAS THAT WOULDN’T QUITE FIT INTO THE

PROJECT AND THE ESTIMATED FINANCIAL COST. PLEASE INDICATE WHY THE SOLUTION

WAS ELIMINATED (ALBEIT JUST COST LIMITATIONS OR IF OTHER CONSIDERATIONS FORCED

IT TO BE RULED OUT). THE DISTRICT MAY ELECT TO EXPAND OR SWAP SOME SCOPE ITEMS

IF YOU ARE SELECTED. COSTS FOR “ALSO CONSIDERED” WILL BE CONSIDERED BUDGETARY

ONLY DUE TO A LESSER LEVEL OF INVESTIGATION AND ENGINEERING.

III. COMPONENTS OF PROPOSAL / FORMAT

All proposals submitted must contain the following information in the order and layout requested. Base Proposal (10 Year cash flow) should include requested and self-funded ESCO recommended ECMs. The Optional Project (15 Year cash flow) should include those projects in the base project, plus additional recommended projects by the ESCO. Section 20 is reserved for additional “Voluntary Alternate Options” with a description of the service, the proposed price, savings, and additional cash flows. Additional vendor capabilities not offered under the Base Project or Optional ECMs/Services should be listed in Section 21 “Additional Capabilities”. Any services listed in sections 1-19, will be deemed included in the Base Project price. Options and Services listed in Section 20 & 21 will be considered included in that sections’ pricing as appropriate. The Base Project price should include the warranty listed in Section 22.

Section # Section Title Contents

1 Exec. Summary • Cover letter

• Executive summary

• Bidder address/contact information

• Unique qualifications and capabilities for the project

• Pertinent corporate information

• State whether your firm is an accredited member of NAESCO

2 Team • Identify who will supervise the Project

• Organizational chart of team members assigned to this project

• Resumes of team members

3 Baselines • Energy consumption & cost history

• Identify Baseline energy volumes, rates, and costs to be used for calculating savings.

• Observations of building usage which demonstrate bidders understanding of the School District’s facilities, use, and utility cost structures.

• Summary of data results/conclusions must be included here. (If logger data, detail should be included in Attachments.)

• Current EUI in KBTU/SFT and Cost/SFT.

Expected post project EUI and Cost/SFT under the base proposal. (May also report updates for appropriate Voluntary Alternates in that section.)

4 ECM’s For Each ECM (in its appropriate section):

• Evaluation of existing conditions, including any pictures or summary

• Detailed energy conservation recommendations to be performed

• Benefits of individual recommendations

• (DETAILED ENERGY SAVINGS CALCULATIONS

MUST BE INCLUDED. THESE MUST BE LOCATED

IN THE APPENDIX. SAMPLES OF CALCULATIONS

METHODOLOGY ONLY ARE NOT ACCEPTABLE.)

5 Base Proposal Energy Management

System

• Describe system and key points of functionality

• Describe EMS Architecture

• Show diagram of Architecture, identifying new equipment and integrated existing equipment

• Clearly indicate what equipment and systems (if any) that will be integrated and remain vs.

being replaced.

• Identify in general, what level of control is planned for the different systems (i.e., control

vs. monitoring; building level vs. zone level vs.

individual rooms, etc.)

• Approximate number of control points per building.

6 Other ECM

Recommendations

• Identify each ECM recommended separately.

Describe the ECM, proposed equipment, and benefits/area of the district it addresses. Identify the costs, savings, and life for each separately.

7 Cost & Savings Summary • Detail of costs, savings $, energy savings (in energy units) and simple paybacks. See Table 1 for format (below).

• Operational savings should be broken out in a spreadsheet to show handling of different types of savings and how they change over time.

• Please show a table of additional projects that were considered but that may not pay for themselves within the given time period. The district may elect to do additional projects at its’ discretion. (If firm pricing was not developed for some of the initially considered ECMs, it is acceptable to note those accordingly.)

8 Cash Flow • Use Table 2. Separately identify rebates, other applicable costs, energy and operational savings, as well as inflation rates.

• Include CFs for the following:

o Base project, including recommended

ECMs (15 yr.; self-funding) o Optional (15 yr.; self-funding) project including base project and any additional recommended options.

o Other options in which you believe the district may be interested in order to improve district academic, financial or operational performance.

• The initial year should be adjusted for the construction period which will coincide with Year 1.

9 Schedule Project timeline

• Show project schedule and completion timetable

• Confirm that construction will be performed so as not to disrupt normal class schedules, including after hours as needed.

10 Training • Provide description of training included in the contract project price.

• Identify hours, number of people covered, number of days (if applicable) and location.

• If some costs or training is optional or additional, list training in Section 20 or 21 as appropriate.

11 Required Service • Identify any required service agreements and costs.

• (M&V service agreement should be identified separately from other required service plans.

Actions to be performed and costs for each plan should be noted separately.

Optional service agreements for other services offered should not be listed here, but under Section 20 or 21 as applicable.

12 M&V • Identify how the measurement of savings for each ECM are being proposed (i.e. the IPMVP/EVO Option type).

• Identify how the associated savings will be verified under each IPMVP Method

Identify measurement and verification costs by year.

13 Gtd. Savings • Describe guaranteed savings

• Include contract guarantee language.

14 Assurances

1. Acceptance of bid terms and assurance that all work will be performed in accordance with applicable codes AND that appropriate permits will be obtained by the bidder. Attach RFP “Exhibit B-1” in Section 14.

2. Provide statement of project management responsibility. Complete RFP “Exhibit B-2” and include in Section 14.

3. Complete RFP “Exhibit C” (Familial Disclosure Affidavit) and include in Section 14.

4. Complete RFP “Exhibit D” (Affidavit of Compliance – Iran Sanctions Act) and include in Section 14.

15 References/PC Experience • List ALL K-12 performance contracting projects in MI since September 2014 (last 5 years) for which your firm is the prime contractor.

Excluding projects may result in proposal disqualification. If less than 10, projects in other MI markets may also be used. Add projects in nearby states if needed (preferably K-12 projects).

• Provide information on three (3) additional performance contracts with at least three (3) years of whole meter Option C guaranteed savings reports and Option C savings.

• Any references shall include: Customer Name; Name and Telephone Number of Contact; Brief Description of the Project;

Project Beginning and Ending Dates; Specific ECMs installed; Project Cost and Savings; and market (Higher Ed, Municipal, Healthcare, etc.).

• If your firm is newer to performance contracting, please identify your company and individual qualifications. See table 3.

16 Past Non-Performance Provide a complete list of all projects that in the last 15 years:

• Have canceled or non-appropriated a performance contract with the Bidder (list reason).

• Have past or pending lawsuits or litigation regarding a performance contract with a customer (list reasons).

• Have past "out of court" settlements regarding a performance contract (list reasons).

• Have been reimbursed for non-performance on guaranteed savings.

o If any of the above does not apply, provide an acknowledgment letter stating each that does not apply, signed by an officer of the respondent company. (Please include title of company officer).

17 Financial Stability ESCOs shall also provide information documenting source(s) and levels of financing (e.g. a letter from a financial institution describing a relationship with the ESCO, a statement of public holdings, etc.) The ESCO shall include the company's annual report, and audited financial statements or equivalent from the last three

(3) years. Provide credit information and references including primary bank, two large suppliers, and latest D&B report.

The District may, during the evaluation process, request additional financial information to supplement and clarify the information provided in this response.

18 Signature 1. Signature acknowledging review and acceptance of RFP requirements.

2. Signature by authorized Bidder officer

19 Bid Bond Acknowledge that you will include a bid bond upon being awarded a contract for this opportunity.

Omission of this acknowledgment may disqualify the bid.

20 A. Voluntary Alternates

B. “Also Considered”

A. Voluntary Alternates: Break out all additional Voluntary Alternates if you believe the School District may want to consider additional options, related savings, costs and cash flows.

(Expand/Amend Table 1 as Table 1B and include). The purpose of this section being separate is to clarify the components of the Base Proposal vs. additional Voluntary Alternates.

B. Also Considered: This area is to demonstrate the ESCO’s thought process in exploring other areas and ECMs of interest to the district.

Prices and savings for this area (if known/shown) are not firm at this time unless specifically indicated as such by the ESCO.

21 Addl. Capabilities Other vendor capabilities. This demonstrates any additional value your firm brings as a partner with the district. These services do not have to be priced and will not be considered part of the base bid price.

22 Warranties • Provide a table identifying a summary of all warranties and who is providing them.

• Describe the warranties by ECM or major equipment type.

23 Attachments:

A. Standards of Comfort

B. Lighting Standards

C. Product sheets

A. Include Table 4 (“Standards of Comfort” attached) showing all pre-project and post project planned comfort levels. Highlight changes.

B. Include Table 5. (Lighting Standards-Attached)

C. Product sheets may be placed in Section 20C or with the appropriate ECM section.

D. Sample M&V

Report

E. Detailed Energy

Savings Calculations

F. Detailed Lighting Audit/Calculations

G. Logged data detail H. Other

D. Sample M&V report should be an actual report demonstrating the Bidder’s practices for M&V of similar projects AND showing how any adjustments will be treated.

E. Detailed Energy Savings Calculations. (These should be organized and a summary table included—that matches the individual calculations.

F. Detailed lighting audit, recommended changes and savings. (Required)

G. Logged data detail (Required) H. Other (Label as appropriate)

Table 1. Cost and Savings Summary

If you are planning on separate demand charge savings or changing rate or meter classifications for savings, please add columns as appropriate to identify those specific savings.

Detailed savings calculations must be included in the proposal appendix and should match this table.

Tables will be provided to you in electronic format.

Table 1.

Table 2. Financial Projections-15 Year Cash Flow

Table 3. Performance Contracting Project History

Expand table as needed. Please include information above as minimum. If additional states, vertical markets or individual projects/experience need to be added, do so as needed and include in this overall section of the RFP response.

Table 4. Standards of Comfort

Please state the before/after details to confirm consistent comfort is being planned. If any changes to the existing conditions are planned or recommended, those changes must be highlighted. (Highlight the appropriate “Proposed” column changes only.)

Table will be provided to you in electronic format.

Table 5. Lighting Assumptions

Table will be provided to you in electronic format.

Lighting should be designed to enhance current conditions. If overall lighting levels will be reduced in any given area, those areas must be clearly marked on the table above and in any drawings of proposed changes. All proposed lighting levels must conform to IES standards for the applicable function of the area. Clearly indicate areas being de-lamped (if any).

IV. THE SELECTION PROCESS

1. ESTIMATED TIMETABLE

The School District expects to undertake the selection process described below according to the following schedule. Notwithstanding the foregoing, the School 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.

2. MANDATORY PRE-PROPOSAL CONFERENCE

The School District will conduct a mandatory Pre-Proposal Meeting for all Bidders on

October 25, 2019. The Pre-Proposal Meeting will commence at 9:00 AM local time, at the Rapid River Schools’ Administrative Office, 10070 Hwy US2, Rapid River, MI 49878. Bidders that fail to attend the mandatory Pre-Proposal meeting will be ineligible to respond.

3. SUBMISSION OF PROPOSALS

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

4. PROPOSAL EVALUATION

A committee composed of School District representatives will evaluate all Proposals. The evaluation committee may conduct interviews with the finalists to clarify information provided in their respective Proposals. Providing there is at least one qualified response, the evaluation committee will recommend a Contractor to the School District’s Board of Education. The School District’s Board of Education will make the final selection based upon the School District’s evaluations and such other factors as the Board of Education deems to be in its best interest. The School 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.

V. INSTRUCTIONS FOR SUBMITTING PROPOSALS

1. REQUESTS FOR FURTHER INFORMATION

Questions concerning this RFP and the procedures for responding to the RFP should be directed to Dr. Jay Kulbertis, Superintendent in writing at jkulbertis@rapidriver.k12.mi.us.

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

mailto:jkulbertis@rapidriver.k12.mi.us

Each Proposal must be an original and hard copy, and signed by an authorized member of the Bidder’s firm. This member should be the highest-ranking officer at the local level. NO ORAL, FAX or E-MAILED Proposals will be accepted. Each Proposal must be submitted on the Proposal Forms attached to this RFP. Bidders shall submit sealed, written proposals by 2:00 PM local time, November 4th, 2019 (the “Due Date”) at the Rapid River Schools’ Administrative Office, 10070 Hwy US2, Rapid River, MI 49878. Bids should be addressed to Dr. Jay Kulbertis, Superintendent and should be clearly marked “Proposal for Energy Savings Capital Improvements on a Performance Contracting Basis.” An original and three copies of the proposal shall be submitted. Bids shall be sealed and shall be addressed to Rapid River Schools, Attention: Dr. Jay Kulbertis, Superintendent. Late bids will not be considered or accepted. At the specified location and date and time set forth above, all timely submitted Proposals shall be publicly opened, dated and read aloud. Based upon Proposals reviewed the School District will select Bidders, in its sole discretion, to be interviewed. Once interviews are completed and any additional information required by the School District is provided, the School District shall select a Bidder to negotiate a final agreement with (the "Selected Contractor" as defined above). Such selection shall be for the purpose of negotiation of a final agreement and shall not be binding upon the School District until such time as the Board of Education approves the agreement in accordance with Michigan law and the Reservation of Rights under Section 6 below.

Rapid River Schools reserves the rights to disqualify from consideration Proposals which do not provide all of the information requested in this RFP.

3. BID SECURITY

Required. Refer to the Terms and Conditions Section.

4. PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND

Required. Refer to the Terms and Conditions Section.

5. PROPRIETARY INFORMATION

After bids 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.

6. 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 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. Upon evaluation of proposals and interviews with Bidders the School District shall negotiate a final agreement with lowest responsible bidder as determined by the School District. Such agreement shall not be binding upon the School District until the agreement is approved by the Board of Education in accordance with Michigan law. 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 such negotiations, reject the selected Bidder’s proposal and negotiate with another Bidder deemed to be the next lowest responsible bidder.

7. 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 Rapid River Schools.

8. RFP INFORMATION CONTROLLING

The School District intends that all Bidders shall have equal access to information relative to the School District’s requirements under this RFP. Additional information such as detailed utility bills is available on a secure share-file site set up for this project, or in some cases such as prints, may be available directly from the district (and must be copied by the vendor). Such information will be signed out by the vendor and promptly returned (within 24 hours.) Failure to properly return such information may be injurious to other Bidders and may result in disqualification of the offending ESCO’s proposal. No information communicated, either verbally or in writing, to or from a Bidder shall be effective unless confirmed by written communication contained in an addendum to this RFP, a Request For Clarification or other written response thereto, or in the Proposal.

9. RELEASE OF CLAIMS

Each Contractor by submitting its Proposal releases the School District from any and all claims arising out of, and related to, this RFP process and selection of a Contractor.

10. FINALITY OF DECISION

Any decision made by the School District, including the Contractor selection, shall be final.

However, any initial selections made by the District and made subject to the negotiation of an acceptable contract and financing may be changed at the School Districts discretion if an acceptable contract and financing is not reached.

11. IRREVOCABILITY OF PROPOSALS

All Proposals submitted shall not be withdrawn and shall be irrevocable for a minimum period of ninety (90) calendar days following the Due Date for receipt of Proposals set forth above.

12. COLLUSIVE BIDDING

By submitting a bid, 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.

VI. CONTRACT TERMS AND CONDITIONS

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

1. Proposals are to be submitted as outlined in the Components of Proposal Section. The

Proposal must be signed with the Bidder’s name and by a responsible officer or employee.

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 School District as to which subcontractors will be used. Subcontractors used shall be subject to the approval of the School District. The Selected Contractor shall be fully responsible to the School 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 School District. The Selected Contractor shall not assign, transfer, convey, or otherwise dispose of the contract between Selected Contractor and the School District, or any part thereof, or the School District’s right title, or interest in the same, or any part thereof, without previous written consent of the School 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 School 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 entering into the Work. The School 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 School District’s educational, extra-curricular or athletic programs. The Selected Contractor shall maintain a rate of work progress to ensure completion of the Project within the timeframes set forth in the agreed upon Project Schedule.

7. A bank money order, certified check or bid bond must accompany all Proposals by a recognized surety company for not less than five percent (5%) of the amount of the Proposal submitted and made payable to the School 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 School District within sixty (60) days, unless extended by the School 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 School 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 School 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 School 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 School 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 School 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 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 School District, 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 School District. Selected Contractor will reimburse School 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 School 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 School 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.

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 School 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 forwarded to the School District prior to commencement of any work. Required insurance policies shall not be changed or canceled without ninety (90) days prior written notice to the School District.

16. The Selected Contractor shall indemnify, reimburse, hold harmless, and defend the School 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 School 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 School 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 of any representation or warranty by the Selected Contractor under the contract or its subcontractors, agents or consultants.

17. The Selected Contractor shall provide the School 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 School District on line 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, 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 School District’s use and occupancy of the Project. The School 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 should the Selected Contractor not provide services through completion. On behalf of, and for the benefit of, the School 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 School District and other Contractors, Subcontractors, Sub-subcontractors, and material or equipment suppliers, as well as the School 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 School 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 School 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 School 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 not recommend that the School District reduce or eliminate any employees or positions as a result of any changes implemented under the contract.

Reduction, elimination or absorption of employees or positions by the School District will not be considered nor shall it be included as part of any savings projected by the Selected Contractor.

22. 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 School District and/or School District Board of Education policies, practices, procedures and rules, past, present and future. The Selected Contractor shall be responsible for obtaining all governmental permits, consents and authorizations as may be required to perform its obligations.

23. 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.

24. 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 School 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 School District. Digital format shall include all the following:

.1 Copies of all drawing files in AutoCAD.

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

.3 All digital files shall be presented on Compact Disk media.

25. Assignment and Subcontracting. The Selected Contractor may not, without the School

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.

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

27. Governing Law. This RFP, and any contract arising from this RFP, shall be governed by the laws of the State of Michigan. The applicable law for any legal disputes arising out of this RFP or any contract shall be the law of (and all actions hereunder shall be brought in) the State of Michigan, and the venue for such disputes shall be the Genesee County Circuit Court.