Request for Proposal 2019.docx

North Muskegon Public Schools REQUEST for PROPOSALS

ENERGY SAVING CAPITAL IMPROVEMENT PROJECTS

On a

PERFORMANCE CONTRACTING BASIS

PURSUANT TO MCL 380.1274a

May 15, 2019

Unrestricted May 15, 2019

NOTICE IS HEREBY GIVEN THAT THE BOARD OF EDUCATION OF THE NORTH MUSKEGON PUBLIC SCHOOLS WILL RECEIVE SEALED BID PROPOSALS UNTIL MONDAY, JUNE 17, 2019 10:00 a.m. AT THE ADMINISTRATION OFFICE OF NORTH MUSKEGON PUBLIC SCHOOLS, 1600 MILLS AVE, MORTH MUSKEGON, MI 49445

THE PROPOSAL WILL BE TO FURNISH AN ENERGY SAVING CAPITAL IMPROVEMENTS PROGRAM ON A PERFORMANCE CONTRACTING BASIS PURSUANT TO MCL 380.1274a

The Board of Education will not consider or accept a proposal received by the Board after the above-specified date and time for Proposal submission.

At the above-specified time and place for receiving proposals the Board of Education, acting by its designee, will publicly open and read all timely-received Proposals. The Board of Education reserves the rights to waive any irregularity or informality in its Request for Proposals (“RFP”) process, to reject any or all Proposals, to award Program components by component, group of components, in phases, or total Program, and to accept the Proposal or Proposals which the Board determines will perform in the Owner’s best interests, and not the lowest or any other Proposal. Proposals are to be presented in accordance with the RFP specifications.

A mandatory bidder’s conference and building surveys will be held on May 22, 2019 at 10:00 AM local time at the North Muskegon Public Schools Administration Bldg. No exceptions will be permitted. Site Visits will be available immediately after meeting until 3pm.

INSTRUCTIONS FOR SUBMITTING PROPOSALS

Respondents shall submit an original proposal and three (3) copies. Also include an electronic version of the proposal on a thumb drive. Proposals shall be sealed and clearly labeled “Performance Contracting RFP”.

The bid price shall include all required State Sales/Use Taxes or Federal Excise Tax. The Owner, upon request, will provide the successful bidder with properly executed tax exemption certificates or tax exemption numbers, but the Owner makes no representation that this project is exempt from sales or use taxes. All other taxes required by law shall be paid by the successful vendor.

Respondents shall submit a bid bond in the amount of 5% of the total costs associated with the project.

Any proposal may be withdrawn or modified by written request made by the vendor, provided such request is received by the Owner at the above address prior to the date and time established for receipt of proposals. Proposals not so withdrawn shall constitute a firm offer to provide the services contained therein and shall remain firm for acceptance for sixty (60) days.

The cost of preparing a response to this RFP, including site visits, detailed energy analysis engineering studies, are the Vendor’s sole responsibility and will not be reimbursed by the Owner. All overhead costs incurred by the successful Proposer with respect to the Program are included in its proposed Contract price, unless otherwise specified in its proposal.

Questions on this RFP should only be directed to Paul Henderson (231) 719 - 4150 phenderson@nmps.net

NORTH MUSKEGON PUBLIC SCHOOLS

REQUEST FOR PROPOSAL

ENERGY SAVING CAPITAL IMPROVEMENT PROJECTS

ON A PERFORMANCE CONTRACTING BASIS

North Muskegon Public Schools (“District”) is requesting proposals for the implementation of energy saving capital improvement projects on a performance contracting basis. The Owner’s objective in issuing this Request for Proposal (RFP) is to provide a competitive means in which to select a single vendor (Vendor) to design, manage and implement a comprehensive turn-key energy saving capital improvements program, in accordance with MCL 380.1274a.

The goals of the project are:

1. Provide a comprehensive program for District that may include installation of energy saving capital improvements. The specific nature of the capital improvements is left to the Vendor’s judgment but must be clearly identified in your proposal.

2. Provide a more functional and comfortable environment for building occupants through implementation of capital improvements on a performance contracting basis. This may include, but are not limited to, repair or modernization of existing heating, ventilation, air conditioning, lighting, electrical, and technology. The specific nature of repair, and/or modernization is left to the Vendor’s judgment but must be clearly identified in your proposal.

3. As required in MCL 388.851, the performance contracting vendor shall provide all services identified under 1937 PA 306 that may be performed by an architect or engineer, construction manager/general contractor including supervisory services. The architect/engineering services can only be performed by the performance contracting vendor to the extent that the vendor is providing energy conservation measures on a guaranteed basis.

4. District will incur no start-up costs. The successful vendor will provide a financial package that will show net benefits to the district over a maximum 20-year period.

5. In accordance with MCL 380.1274a, all energy savings in this project must be guaranteed according to the International Performance Measurement and Verification Protocol (IPMVP), now known as Efficiency Value Organization. Baseline data and assumptions will be agreed upon by the Owner and the successful Proposer.

6. The performance-based contractor's guarantee shall be a first party direct guarantee from the contractor to District. A third-party guarantee or performance bond in lieu of the guarantee is not acceptable.

7. All work proposed must fully comply with all current code(s).

COMPONENTS OF PROPOSALS

PROPOSAL CONTENT & FORMAT

Proposal must be submitted in the format outlined in this section. Proposals will be a maximum of 100 pages. Each proposal will be reviewed to determine if it is complete prior to actual evaluation. The District reserves the right to eliminate any proposal deemed to be substantially or materially unresponsive to the requests for information contained herein.

EXECUTIVE SUMMARY

A. Experience and Qualifications

1. Provide Company History - structure of company, financial stability and longevity.

2. Provide Corporate & local branch location(s).

3. Provide proof/documentation of your firm having accreditation from National Association of Energy Services Companies (NAESCO)

4. Provide an organizational chart for only those individuals who will be directly involved in this project: Your team of Sales, Engineers and PM’s associated with this specific project. Please provide resumes for each key team member. Preference given to teams located in Michigan and will be readily available to support the school district.

5. References – Company must list a minimum of five (5) Michigan Performance Contracts that have been implemented by your firm. Out of state references will not be accepted. Please include the name of the customer, address, contact person, telephone number and, email address and project details including the total installed cost, savings; scope of work and date work commenced and completed.

6. Provide your firm’s most recent Annual Report and Audited Financial Statement.

B. Technical Approach A detailed summary, including savings, of the work to be performed by category and by building:

1. Lighting Upgrades

2. Energy Management System

3. HVAC System Modifications

4. Building Automations System

5. Water Conservation

6. Renewable Energy

7. Other Improvements

C. Guarantee Guaranteed energy conservation savings. Proposer must include in its bid the information required by MCL 380.1274a. Provide information, in sufficient detail to allow for informed analysis, as to the amount of energy savings predicted to result from the Program. Provide measurement in energy units and dollars. Provide methodologies for calculating guaranteed energy savings. A certification that measurement and verification techniques for determining cost savings will be performed in accordance with protocols published in January 2001 (DOE/GO-102001-1187) by the international performance measurement and verification protocol, now known as Efficiency Value Organization. The performance-based contractor's guarantee shall be a first party direct guarantee from the contractor to District. A third-party guarantee or performance bond in lieu of the guarantee is not acceptable.

D. Cash Flow Analysis: Include the projects total installed cost and applicable energy & operational savings. List energy and operational savings separately.

E. Third Party Financing: If other solutions are proposed, such as a Power Purchase Agreement to provide power to the District, the provider must provide proof of a direct guarantee of performance and financing of project from contractor to District. No third-party financing of such projects will be considered by the District.

F. Implementation Plan

1. Describe your firm’s philosophical approach to project management.

2. Include in your proposal an implementation plan and timetable including completion dates describing your intent to execute the proposed project.

G. Maintenance & Training Approach

1. Project staff must possess an in-house service team equipped to handle the ongoing technical support of the District.

2. Describe your firm’s philosophical approach to maintenance and training.

3. Provide a description of maintenance capabilities and indicate any maintenance plan that is proposed with this project.

4. Provide description of the HVAC and Building Automation training that your firm offers to district personnel. Identify what training is included with this proposal.

H. Signatures Proposal to be signed by an authorized company official and must contain the following 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. RFP Attachment A-1.

2. Provide statement of project management responsibility. RFP Attachment A-2.

3. Assurance of no familial relationship with the School Board or School District personnel. RFP Attachment A-3.

4. Affidavit of compliance – Iran Economic Sanctions Act. RFP Attachment A-4.

CONTRACT REQUIREMENTS

References to “Contract” in this RFP mean the Contract with a Vendor for installation/implementation of the Program by the Vendor resulting from the Owner’s formal, Board-authorized acceptance of the Proposal of the successful Proposer (the “Vendor”).

INSURANCES

The successful vendor shall procure and maintain during the life of the agreement 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 $1,000,000 each occurrence for Bodily Injury Liability and Property Damage Liability. In addition, the successful vendor will procure and maintain an Umbrella Liability policy in the amount of $2,000,000. Such insurance will protect the Vendor and shall name the Owner and the Project site as additional or co-insured’s, but only to the extent of any negligence of vendors and consistent with the terms and conditions of vendors’ insurance policies.

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 $1,000,000 per occurrence on an occurrence basis coverage shall be maintained without interruption from date of commencement of operations under the Agreement until the date herein 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

The successful vendor shall execute 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. 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 vendor’s initial investment in the premises as calculated at the time the proposals are received.

SUBCONTRACTING

In the execution of the contract it may be necessary for the Vendor to sublet part of the work to others. The Vendor will be fully responsible to the Owner for the acts and omissions of subcontractors and of all persons whether directly or indirectly employed by the Vendor. Nothing in this agreement shall create any contractual relationship between any subcontractor and the Owner. The Vendor 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 Vendor shall not assign any, of the moneys due or to become due and payable under this Contract, without previous written consent of the Owner.

EQUAL EMPLOYMENT OPPORTUNITY

The Vendor 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.

APPROVAL OF EMPLOYEES

The Owner reserves the right to approve the identity of representatives and employees of the prime contractor or any subcontractors. The Owner shall retain the right, in its reasonable discretion, to have any employee of the prime contractor or any subcontractor removed from the project.

ONE YEAR GUARANTEE

The successful vendor shall 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 Vendor 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 this contract, the Owner, after ten (10) days written notice to the Vendor, may correct such deficiencies and may deduct the cost thereof from payment due the Vendor.

STAFFING

The Vendor 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 Vendor.

COMPLIANCE WITH LAW AND STANDARD PRACTICES

The Law means each and every Federal, State and Local law, statute, act, rule, regulation, and ordinance. The Vendor 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 Vendor 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 Vendor shall be responsible for obtaining all governmental permits, consents, and authorizations, as may be required, to perform its obligations.

Attachment A-1

PROPOSER ACKNOWLEDGMENT OF RFP REQUIREMENTS

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

Name of Company: __________________________________________________________

Address: __________________________________________________________

City/State/Zip: __________________________________________________________

Phone/Fax: __________________________________________________________

Representative/Title: __________________________________________________________

Signature: __________________________________________________________

Date: __________________________________________________________

Attachment A-2

PROPOSER ACKNOWLEDGMENT/STATEMENT OF ACCEPTANCE OF PROGRAM MANAGEMENT RESPONSIBILITIES

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

(Insert #1 here)

(Insert #2 here)

Name of Company: __________________________________________________________

Address: __________________________________________________________

City/State/Zip: __________________________________________________________

Phone/Fax: __________________________________________________________

Representative/Title: __________________________________________________________

Signature: __________________________________________________________

Date: __________________________________________________________

Attachment A-3

AFFIDAVIT OF BIDDER

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

List any Familial Relationships:

BIDDER:

By:

Its:

STATE OF MICHIGAN )

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

Attachment A-4

AFFIDAVIT OF COMPLIANCE – IRAN ECONOMIC SANCTIONS ACT

Michigan Public Act No. 517 of 2012 The undersigned, the owner or authorized officer of _____________________ (the “Bidder”), pursuant to the compliance certification requirement provided in DISTRICT (the “School District”) Request For Proposals For Energy Conservation Improvements – Performance Contracting/Design Build, hereby certifies, represents and warrants that the Bidder (including its officers, directors and employees) is not an “Iran Linked Business” within the meaning of the Iran Economic Sanctions Act, Michigan Public Act No. 517 of 2012 (the “Act”), and that in the event Bidder is awarded a contract as a result of the aforementioned Request For Proposal, the Bidder will not become an “Iran Linked Business” at any time during the course of performing under the contract.

The Bidder further acknowledges that any person who is found to have submitted a false certification is responsible for a civil penalty of not more than $250,000.00 or 2 times the amount of the contract or proposed contract for which the false certification was made, whichever is greater, the cost of the School District’s investigation, and reasonable attorney fees, in addition to the fine. Moreover, any person who submitted a false certification shall be ineligible to bid on a Request For Proposal for three (3) years from the date that it is determined that the person has submitted the false certification.

BIDDER:

By:

Its:

STATE OF MICHIGAN )

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