Waldron Area Schools Energy RFP.docx

ENERGY CONSERVATION IMPROVEMENTS - LIGHTING

WALDRON AREA SCHOOLS

REQUEST FOR PROPOSALS

JULY _31, 2018

I. TABLE OF CONTENTS

Section I. Table of Contents

Section II. Project Description

Section III. Required Scope of Work

Section IV. Components of Proposal / Format

Section V. The Selection Process

Section VI. Instructions for Submitting Proposals

Section VII. Terms and Conditions

II. PROJECT DESCRIPTION

1. Waldron Area Schools (the “School District”) requests detailed proposals for the implementation of district-wide energy conservation measures (“ECMs”), primarily focusing on interior and exterior lighting upgrades (the “Project”). This request for proposals (“RFP”) will provide a competitive means by which to select a single Contractor to implement the ECMs. “Bidder” shall mean any person, firm, company, or entity submitting a bid or proposal in response to this RFP. “Contractor” or “Selected Contractor” shall mean the Bidder selected by the School District to enter into a contract to implement and perform the Project. Comment by Kirk C. Herald: Energy improvement projects are typically performed one of two ways: (1) “traditional” construction, where you know exactly what you want and where you want it; you have an architect design it; and you bid it out the specific improvements for a separate contractor to perform it; or (2) energy conservation improvements under 1274a of the Revised School Code, where you often identify the need for energy improvements, you seek bids from “qualified providers” (who collectively provide design, analysis, and construction), they tell you what options/services they can provide, they may offer a savings guarantee, and they do all design and construction. (It is one exception to the general rule you cannot have only one entity for design and construction and supervision of construction.)

I presume you desire the latter. Please let me know if that is not the case. But, if you do desire the latter, for both legal and practical reasons, I would recommend allowing the “qualified providers” to propose more than just lighting upgrades. But, I would also stress that the project should be focused on those upgrades and any others should be identified as voluntary alternates only.

Mike would like the second option.

2. The foregoing project may be subject to MCL 388.851, et seq., as amended, and MCL 339.2011, as amended, if a Bidder’s proposal includes improvements amounting to school building construction. If applicable, the Selected Contractor shall provide all services identified in those acts that may or must be performed by an architect and/or engineer, including all supervision of construction and installation supervision. Specifications for the Project shall be generic in character and, to the extent possible, shall not include proprietary equipment or technology developed by the Selected Contractor or in which the Selected Contractor has an interest. Where required by law, the Selected Contractor shall file all plans, drawings, and other materials with the appropriate agency of the State of Michigan to obtain the appropriate approvals for the Project. If Bidders have any question regarding the applicability of the aforementioned statutes to the scope of its proposal, a timely and proper inquiry shall be made to the School District. The School District shall have no responsibility for the Bidder’s failure to make such a request or to comply with applicable laws. Comment by Kirk C. Herald: These statutes apply to “building” improvements, where a licensed architect/engineer is required. The statutes are not always clear when a project is a “building” project or an “equipment” project, but the State of Michigan has taken the position that replacement of lighting fixtures constitutes a “building” project. With that, I have referenced the applicable statutes. Comment by Kirk C. Herald: This language is required by statute – MCL 380.1274a. Please let me know if you’d like to further discuss.

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

C. Provide a one-year call-back warranty on all equipment, materials, design, and workmanship from the date of final acceptance by the School District.

D. The Bidder must provide assistance to the School District with all of the following: Comment by Kirk C. Herald: Much of this information is required by statute as well – MCL 380.1274a.

i. Identifying the name of each facility to which an improvement was made, along with a description of the energy conservation and operational improvements made to each facility.

ii. Identifying projected energy savings and operating/maintenance cost savings resulting from the Project, along with a description of how the energy savings calculation was made for each improvement.

iii. Identifying the useful life of each energy improvement measure.

iv. Identifying actual energy consumption during the 12-month period before commencement of the improvement(s).

v. Identifying project costs and expenditures (including, if applicable, the total of all lease payments over the duration of a lease-purchase agreement).

vi. Identifying estimated annual energy saving (including, if applicable, projected savings over the duration of an installment contract).

vii. Identifying the actual energy consumption of each facility to which improvements were made, by July 1 of each of the five (5) years after the improvements are completed.

viii. Reporting all information to the state treasurer required by MCL 380.1274a for the scope of improvements made, including as required by MCL 380.1274a(7) and MCL 380.1274a(8), using applicable state forms when required.

ix. If an energy saving performance contract is proposed, complying with and being primarily responsible for all requirements of MCL 380.1274a(3), including providing all required information therein in the Bidder’s proposal in response to this RFP. Comment by Kirk C. Herald: An energy saving performance contract is defined by statute and includes, among other things, an energy savings guarantee. If applicable, there are additional reporting requirements. For now, I have simply referenced those requirements along with the applicable statute.

E. Proposals shall include detailed calculations for the proposed energy savings.

F. Proposals shall identify all applicable rebates and detail how Bidder will assist the School District in realizing all rebates. Rebates will not be considered for bid cost purposes unless particularly described in the Bidder’s proposal. Without limiting the breadth of the foregoing or any other rebate options, the School District particularly requests consideration of the following rebate program: Consumers Energy Lighting Retrofit.

G. Provide all the scope of work items listed in Section III – Required Scope of Work as well as any other recommended scope of work items.

H. A proposal’s energy savings 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.

I. Provide training programs for School District personnel that enhance the overall efficiency of energy consuming operations within the School District’s facilities.

J. Bidders are encouraged to include a proposed educational program designed to reduce energy and water consumption through various organizational and behavioral changes. Such program may include onsite staff training, lesson plans, and other components to increase energy conservation awareness. The program may be provided by the Bidder directly or through one or more subcontractor(s).

III. REQUIRED SCOPE OF WORK – All bidders must include, at a minimum, this scope of work for the Base Bid / Program.

IV. COMPONENTS OF PROPOSAL / FORMAT

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

1. Name and address of Bidder.

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

3. A detailed summary, including costs, of the installation to be performed by category, particularly including “A,” below, and any others that the Bidder chooses to provide as an alternate. All items other than “A” are provided as examples only:

A. Lighting Upgrades B. Energy Management System C. HVAC System Modifications D. Fenestration Improvements E. Energy audit, design, and engineering F. Other, as recommended by Bidder The Proposal must include and address the Project Scope identified in Section III above.

4. Training program outlines and costs.

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

6. A list of at least five (5) references of projects Bidder has completed with Michigan school districts. Include project’s scope of work, cost, guaranteed savings (if any), actual savings, and contacts with their phone numbers.

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

8. Proposal to be signed by an authorized official of Bidder.

9. Provide Project management responsibility and a detailed Project completion schedule.

10. Attachments:

Bid bond Familial disclosure statement Iran Economic Sanctions Act Certification

14. An express itemized statement of all warranties on specific products included in the Proposal in addition to the one-year guarantee of all design, materials, and workmanship that must be included as part of the Proposal.

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

16. An acknowledgment that Bidder has carefully examined the instructions and specifications contained in the RFP and that all terms contained therein are fully incorporated into the Proposal. (Exhibit B)

FAMILIAL DISCLOSURE STATEMENT

AFFIDAVIT OF ______________________________

(insert name of affiant)

_________________________________ makes this Affidavit under oath and states as follows:

(insert name of affiant)

1. I am a/the:

· President

· Vice President

· Chief Executive Officer

· Member

· Partner

· Owner

· Other (please specify)____________________ of ______________________________________________ [insert name of firm].

2. I have personal knowledge and/or I have personally verified that the following are all of the familial relationships existing between the owner(s) and the employee(s) of the aforementioned contractor and the school district's superintendent and/or board members:

3. I have authority to bind the aforementioned contractor with the representations contained herein, and I am fully aware that the school district will rely on my representations in evaluating bids.

4. I declare the above information to be true to the best of my knowledge, information and belief. I could completely and accurately testify regarding the information contained in this affidavit if requested to do so.

(signature of affiant) Dated: ________________

Subscribed and sworn before me in _________________ County, Michigan, on the _____ day of ____________________, 20____

____________________________________________(signature) _____________________________________________ (printed) Notary public, State of Michigan, County of ________________ My Commission expires on _____________________________ Acting in the County of ________________________________

IRAN ECONOMIC SANCTIONS ACT CERTIFICATION

I am the [title] of [name of bidder], or I am bidding in my individual capacity (“Bidder”), with authority to submit a binding bid to Waldron Area Schools. I have personal knowledge of the matters described in this Certification, and I am familiar with the Iran Economic Sanctions Act, MCL 129.311, et seq. (“Act”). I am fully aware that the school district will rely on my representations in evaluating bids.

I certify that Bidder is not an Iran-linked business, as that term is defined in the Act. I understand that submission of a false certification may result in contract termination, ineligibility to bid for three (3) years, and a civil penalty of $250,000 or twice the bid amount, whichever is greater, plus related investigation and legal costs.

(signature)

(printed)

(date)

V. THE SELECTION PROCESS

A. TIMETABLE

Waldron Area Schools expects to undertake the selection process described below according to the following schedule:

1. Advertise Request for Proposals

If site visits are permitted as described above, such visits may be scheduled after July 31, 2018. Bidders should contact Jon Burk at 517-286-6251 (press option four).

D. SUBMISSION OF PROPOSALS

Bidders shall submit proposals as described in this RFP.

VI. INSTRUCTIONS FOR SUBMITTING PROPOSALS

A. REQUESTS FOR FURTHER INFORMATION

Questions concerning this RFP and the procedures for responding to the RFP should be directed to Jon Burk at 517-286-6251 (press option four). All such questions must be received in writing by not later than 3:00 p.m. on August 15, 2018, and written responses to such questions shall be distributed to all potential Bidders who have provided contact information to the School District.

B. SUBMISSION OF PROPOSALS

Bidders shall submit sealed, written proposals by 11:00 a.m. local time, August 16, 2018, at the Waldron Area Schools Administration Building. An original and three copies of the proposal shall be submitted. Late bids will not be accepted. Waldron Area Schools Superintendent or his designee will open and read aloud the bids on August 16, 2018 at 11:15 a.m. in Media Center.

Waldron Area Schools reserves the right to disqualify from consideration proposals which do not provide all of the information requested in this RFP.

C. BID SECURITY

Required. Refer to the Terms and Conditions Section.

D. PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND

May be required. Refer to the Terms and Conditions Section.

E. PROPRIETARY INFORMATION

After a Selected Contractor has been identified, all proposals shall be subject to the Freedom of Information Act (442 P.A. 1976) unless an exemption applies. For more information concerning the exemptions under the Freedom of Information Act, please contact the Michigan Attorney General’s Office at (517) 373-1110. A booklet entitled “Michigan’s Freedom of Information Act” is available.

F. RIGHT TO REJECT

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

G. COST OF PROPOSAL PREPARATION

The cost of preparing a response to this RFP, including site visits and preliminary engineering analyses, will not be reimbursed by Waldron Area Schools.

VII. TERMS AND CONDITIONS

The term “Contractor”, as used in this Section VII, refers to the Bidder, provided such Bidder is selected by the School District (hereinafter identified as “Owner”) to perform the services outlined in this RFP.

1. Bids to be submitted as outlined in the Components of Proposal Section. The proposal must be signed with the Contractor’s name and by a responsible officer or employee. Obligations assumed by such signature are binding upon the Contractor. The RFP and all of these terms and conditions shall be incorporated into the final contract between Owner and Contractor. Any exceptions to any requirement, provision, or term in the RFP must be stated in writing and clearly identified in the Contractor’s proposal. The absence of a properly-stated objection shall be deemed acceptance of all terms within this RFP.

2. Bids must be received by the time and date specified in the RFP. Late bids shall not be accepted.

3. In the execution of the Contract, it may be necessary for the Contractor to sublet 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. The Contractor shall be fully responsible to the Owner for the acts and omissions of subcontractors and of persons directly or indirectly employed by the Contractor. Nothing in this RFP or the resulting agreement shall create any contractual relationship between any subcontractor and the Owner. The Contractor shall not assign, transfer, convey, or otherwise dispose of the agreement between Contractor and Owner, 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 power of attorney, or otherwise any monies due or to become due and payable under the agreement between Contractor and the Owner, without previous written consent of the Owner.

4. Prices for materials are to be F.O.B. job site delivered and/or installed and are to be firm for 60 days from date of bid opening. No charges for shipping, packing, drayage, or for any other purpose will be allowed over the price quoted herein.

5. The successful Contractor will be required to pay all taxes which are levied by Federal, State or Municipal governments upon all labor and material necessary to deliver the Project. The Owner reserves the right to require evidence of payment of such taxes prior to final payment.

6. The Bidder must provide a detailed project completion schedule.

7. The Owner reserves the right to reject any and all bids, in any and all parts, to evaluate suggestions or exceptions and to accept the bid best suited to the interest of the Owner.

8. A bank money order or bid bond must accompany all bids by a recognized surety company for not less than five percent of the amount of the bid submitted and made payable to the Owner as required by MCL 380.1267. This bank money order or bid bond is a guarantee the Contractor will, in case its bid is accepted, enter into contract with the Owner within thirty (30) days to construct the work proposed and, if applicable, to give satisfactory bonds in the amount of the contract as specified. The bank money order or bid bond of the Contractor will be forfeited to the Owner in its entirety upon failure to enter into such contract and to give such bonds. The bank money order or bid bond of the Contractor will be returned as soon as the contract is signed by the Contractor and returned to the Owner.

9. The Contractor shall furnish performance bonds and payment bonds as may be required by MCL 129.201, et seq. in such form as the Owner may require, securing the faithful performance of the contract 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 Contractor shall include in the base proposal the cost of furnishing such bonds/securities.

10. The latest Michigan laws and regulations regarding sales and use tax shall apply to the Project, and the Contractor shall be responsible for paying the cost of the same and including said cost in the proposal.

11. The Owner 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 Owner during regular school hours.

12. 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. 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. Contractor will reimburse Owner for any expenses incurred to keep the job clean and clear of all debris and rubbish resulting from Contractor’s failure to comply with this paragraph.

13. Contractor shall not use or permit any of their employees to use any equipment, hoists, staging, scaffolds, or any other material belonging to the Owner without prior written agreement.

14. The bid 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 board or Superintendent. Bids not accompanied by a sworn and notarized statement will not be accepted by the board.

15. The Contractor 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 $ 1,000,000.00 each occurrence for Bodily Injury Liability and Property Damage Liability, professional liability insurance in an amount of $1,000,000.00. In addition, the successful vendor will procure and maintain an Umbrella Liability policy in the amount of $1,000,000.00. Such insurance will protect the Contractor and shall name the Owner and the Project site as additional or co-insured’s. Comment by Kirk C. Herald: You should have your insurance consultant/counsel propose insurance types and amounts for inclusion in this paragraph.

The insurance required shall be written for the greater of limits not less than the limits of liability specified or required by the law. Except professional liability insurance, all 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 shall be written on a claims-made basis and shall be maintained from the date of the contract until seven (7) years after completion of the Project. Comment by Kirk C. Herald: “Measurement and Verification” services are required for energy savings guarantees.

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.

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

A. Any negligent acts or omissions of the Contractor or its principals, shareholders, employees, agents, attorneys, accountants or subcontractors;

B. The Contractor’s breach of the contract, whether caused by the Contractor or a subcontractor at any tier;

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

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

E. Any tax or levy imposed upon or charged to the Owner as a result of compensation or any other amount paid to the Contractor under or pursuant to the Contract;

F. Any violation of law committed by Contractor or its principals, shareholders, employees, agents, attorneys, accountants, or subcontractors; and G. Contractor shall not be responsible for indemnifying the Owner for any damage or claim arising from the sole negligence of the Owner.

Contractor’s duty to indemnify shall be to the fullest extent permitted by law.

17. The Contractor shall provide the Owner 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 Contractor shall facilitate placing the Owner on line with same by modem, station or other method of connection, if such connection is possible. Further, the Owner shall be deemed the owner of any and all documents, drawings, specifications, calculations or other instruments of service produced by the Contractor or its subcontractors pursuant to the Contract and shall have the full right to access and use the same in its discretion, whether directly or through a third party. The Contractor also shall secure on behalf of the Owner an irrevocable license to use any and all software necessary to operate the improvements provided through the Project as designed and intended.

18. Contractor overhead necessary for its performance hereof is included, unless otherwise specified herein.

19. The Contractor shall warrant and represent that it is an equal opportunity employer and, in accordance with the Michigan Elliott-Larsen Civil Rights Act, that it does not unlawfully discriminate or discriminate against anyone due to race, creed, color, age, sex, national origin, disability or handicap.

20. If the 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 this contract, the Owner, after seventy-two (72) hours written notice to the Contractor, may correct such deficiencies and may deduct the cost thereof from payment due the Contractor.

21. 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.

22. 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.

23. 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.

24. All work and services performed by 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.

25. All terms in this RFP shall be incorporated into any contract between the School District and Contractor, along with the following statement and obligation: “The Agreement shall also include the RFP, accepted portions of the Contractor’s response thereto, and any other document attached hereto or referenced herein, all of which are incorporated by reference as if restated. In the event of any inconsistency between or among any of the aforementioned documents, the terms most beneficial to the School District, as determined in the School District’s sole discretion, shall govern.”

Exhibit A List of School District Facilities

· Upgrade 648 fluorescent lights to LED strips throughout the building (building includes elementary, middle and high school.

· Both elementary and high school gymnasiums will be upgraded from fluorescent lights to LED strips. The high school gymnasium will require extra materials to protect the floor.

Exhibit B 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: