SOUTH HAVEN PUBLIC SCHOOLS

REQUEST FOR PROPOSALS

ENERGY CONSERVATION IMPROVEMENTS

NOTICE IS HEREBY GIVEN THAT THE BOARD OF EDUCATION OF SOUTH HAVEN PUBLIC SCHOOLS WILL RECEIVE SEALED BID PROPOSALS UNTIL MARCH 7, 2013 AT 2:00 PM AT THE OFFICE OF THE OPERATIONS supervisor FOR south haven public SCHOOLS LOCATED AT 554 GREEN STREET, SOUTH HAVEN, MICHIGAN 49090. THE BOARD OR ITS DESIGNEE WILL OPEN AND READ EACH RECEIVED BID AT A PUBLIC MEETING AT 2:00 P.M. ON MARCH 7, 2013 AT:

south haven public schools

office OF THE operations supervisor

554 green street, south haven, michigan 49090

THE PROPOSAL WILL BE TO FURNISH AN ENERGY CONSERVATION IMPROVEMENTS PROGRAM ON A PERFORMANCE CONTRACTING BASIS

South Haven Public Schools will not consider or accept a proposal received 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, or total Program, and to accept the Proposal or Proposals which the Board determines will perform in the Owner’s best interests and will be the lowest responsible bidder as required by law. Each and every bid shall be accompanied by a sworn and notarized statement disclosing any familial relationship that exists between the owner or any employee of the firm submitting the bid and the Superintendent of South Haven Public Schools or any member of the Board of Education. Proposals are to be presented in accordance with the RFP specifications. For a copy of the RFP or more information call Kevin Dee at 269-637-0535.

South Haven Public Schools

REQUEST FOR PROPOSAL FOR

ENERGY CONSERVATION IMPROVEMENT SERVICES

PART 1 -- GENERAL INSTRUCTIONS

A.Instructions

Qualified firms are invited to submit proposals to South Haven Public Schools ("District") for the design and implementation of District-wide energy conservation measures ("ECMs") on a performance contracting basis("Project"). The District's objective in issuing this Request for Proposal ("RFP") is to obtain competitive bids from which it will select a single performance contracting company ("Contractor" or "Vendor") to design and implement the ECMs on a turn-key basis in accordance with applicable laws, including but not limited to MCL 380.1274a.

The District reserves the right to reject any or all proposals, to award Project components by component, group of components, or total Project, to accept any or all alternatives, to accept any proposal in whole or in part, to waive any irregularities or informalities which are in the best interest of the District, and to weigh proposal elements as deemed beneficial to the District. Any award shall be to the Vendor that the District considers the lowest responsible bidder.

B. Proposal Submission

To be considered by the District, three (3) copies of the complete proposal must be received no later than 2:00 p.m.., March 7, 2013. Proposals should be addressed to:

Mr. Kevin Dee

Operations Supervisor

South Haven Public Schools

554 Green Street

South Haven, Michigan 49090

The lower left corner of the submittal envelope should be marked: PROPOSAL FOR ENERGY CONSERVATION IMPROVEMENT SERVICES.

Submitted proposals become the property of the District and will not be returned. Further, all submitted proposals become subject to the Freedom of Information Act, unless the District reasonably believes that Vendor satisfies exemption criteria and rejects disclosure on such basis.

C. Late Proposals

Any proposal received by the District after the time specified above will not be considered.

D. Withdrawal of Proposals

Proposals may be withdrawn by written notice received at any time prior to the submission deadline. Proposals may also be withdrawn in person, provided that the firm's representative signs a receipt for the proposal prior to the submission deadline. Proposals that are not so withdrawn shall constitute a firm offer for a period of ninety (90) days to perform the work contained therein and/or required by this RFP.

E. Questions Concerning this RFP

Inquiries may be made to Mr. Kevin Deeat the address above, via telephone at (269) 637-0535, or via email at . All such inquiries must be made no later than three (3) business days prior to the deadline for submission. Information about the District is available during business hours (8a.m. - 4p.m.).

F. Economy of Preparation

Proposals should be prepared simply, providing a concise description of the Vendor's ability to meet the requirements of this RFP.

G. Proposal Signature

Part 4 - Proposal Summary, should be signed by the person responsible for the decision as to services and costs being offered. (In the case of a joint proposal, each party must certify those services and costs being offered by its own firm. Unless otherwise agreed by the Owner in writing, each party to a joint proposal will be jointly and severally responsible for all services offered in the proposal, regardless of who produces them.)

H. Prime Responsibilities

The selected Vendor will be required to assume responsibility for all services offered in the proposal, regardless of who actually provides such services and whether the selected Vendor utilizes separate consultants. The selected Vendor shall be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract. The Vendor shall provide all necessary services that may be provided for the Project by an architect or engineer as described in 1937 PA 306, as amended, the School Building Construction Act, and 1980 PA 299, as amended, as well as all services required for a performance contract project under MCL 380.1274a.

I. Proposal Preparation Costs

All costs incurred for proposal preparation,site visitation and investigations, initial engineering analyses, presentations, contract negotiation, or any other requested or relevant documentation of proposed ECMs are the responsibility of each respective Vendor and will not be reimbursed by the District.

J. Acceptance of Proposal Contents

The contents of the proposal of the selected firm will become contractual obligations when a contract is issued, except with regard to particular contents which are rejected by the District. Failure of the successful firm to abide by such obligations will result in cancellation of the award.

K. Proposed Project Schedule

A proposed project schedule must be provided for theVendor's scope of work required or permitted by this RFP. The District and all Vendors recognize that this schedule may be modified by the District, in its sole and reasonable discretion, to suit its particular needs.

L.Insurance Coverage

Prior to beginning work, the selected Vendor will be required to provide a copy of insurance certificates for general and professional liability coverages. Any consultants of the Vendor shall provide insurance coverages at least equal to that provided by the Vendor, and those consultants shall provide insurance certificates for general and professional liability coverages.

M. Payment of Fees

The District will make payments to the Vendor as set forth in the parties' contract. Professional fees and reimbursable expenses shall be itemized on the same invoice so that the District may issue one monthly check to the Vendor. The specific day of the month on which invoices are to be received, and checks released, will be set forth in the contract.

N.Taxes

The Proposal shall be deemed to include all applicable sales, use, excise and other taxes required by law. The District, upon request, will provide a properly executed tax exemption certificate, but the District makes no representation that a Vendor may utilize such information to avoid tax liability.

O.Bid Bond and Performance/Payment Bonds

The Vendor shall provide a bid bond in the minimum amount of five percent (5%) of the total capital costs associated with the Proposal, in accordance with MCL 380.1267. The selected Vendor shall be required to provide performance and payment bonds covering 100% of the total capital costs associated with the Proposal. The cost of such bonds are deemed included in the proposal.

P.Familial Disclosure Statement

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 Vendor and any member of the board or Superintendent. Bids not accompanied by a sworn and notarized statement will not be accepted by the board.

Q.Waiver of Claims

The Vendor, by its submission of its proposal, releases the District and its Board members, administrators, employees and agents from any claims arising out of, and related to, the RFP process and the selection of a Vendor.

R.Fingerprinting and Background Checks

The selected Vendor shall be required to comply with all requirements and laws related to fingerprinting and background checks, including but not necessarily limited to those requirements contained in Attachment B, Section 7.

South Haven Public Schools

REQUEST FOR PROPOSAL FOR

ENERGY CONSERVATION IMPROVEMENT SERVICES

PART 2 -- PROPOSAL REVIEW AND SELECTION PROCESS

A. Time Frame for Vendor Selection

It is the intent of the District to select a Vendor according to the following schedule:

February 11RFP is released.

February 18, at 9 amPre-proposal review meeting with Owner (located at Baseline Middle School, 7357 Baseline Road, South Haven, Michigan 49090).

March 7, at 2:00 pmProposals are due.

June 8Vendor begins work.

August 16Substantial Completion Date

The District may modify or eliminate any portion of the above schedule in its sole discretion and to the extent consistent with law.

B. Review and Selection Process

The District reserves the right to reject any or all proposals that are determined not to be in the best interests of the District. The District will not necessarily select the lowest cost proposal, but will choose the lowest responsible bidder.

The District shall have the right to accept or reject in whole or in part any or all of the Selected Vendor's proposed ECM's. The Vendor's Proposal shall list proposed ECM's, and related cost and savings information, on a per-item and per-building basis. The District's determination to select or reject each individual ECM shall be made in the District's sole discretion.

C. Interviews

It is expected that one or more Vendors providing proposals within an acceptable range of costs may be invited for interviews with the Board of Education and, if applicable, the Selection Committee. Those Vendors may be asked to (but shall not have the right to) make a brief presentation to the Board of Education and/or answer any questions that may exist about their proposal.

D. Evaluation Criteria

The District will evaluate Vendor's proposals based on cost and responsibility factors, including but not necessarily limited to the following:

Cost: The total cost for all services and as broken down among the various project elements.

Adherence to RFP: Conformance, in both content and presentation, to the parameters established in this request.

Relevant Experience: Vendor's relevant experience with the design and installation of energy conservation measures at K-12 public school facilities, particularly those of comparable size and complexity.

Qualifications: Qualifications and experience of the Vendor's key staff to be assigned to the project.

Timeliness: The Vendor's ability to complete work specified in this RFP in a timely fashion.

Responsiveness: The Vendor's ability to meet quickly with District officials, contractors, etc. when necessary.

Team Compatibility: The Vendor's ability to work with students, District employees, parents, community members, architectural firms, contractors, and governmental officials based on references and interviews.

Equipment and System Compatibility: The Vendor's proposed equipment and control systems' ability to seamlessly integrate and operate with existing District-owned equipment.

It is understood that all labor and materials must be competitively bid and awarded, if at all, to the lowest responsible bidder. The District may consider a number of factors in determining a Vendor's "responsibility," and it is expressly understood that the District is not confined to the above-referenced list or any other information required or provided in response to this RFP. Notwithstanding the foregoing, the District will consider the Vendor's response for at least the following reasons:

Experience, and firm's qualifications. The District desires Vendors who demonstrate strong capabilities, technical knowledge, experience, and reputation in undertakings similar to those described in this RFP, and provide authoritative documentation of the respondent’s financial condition and stability. The Vendor must also be a "qualified provider," as reasonably determined by the District, in accordance with Section 1274a of the Revised School Code.

Project presentation. The District values a Vendor who can demonstrate the capability to document and present the proposed projects, accomplishments and savings to the District's community. Development of educational opportunities, public conservation awareness and student-based participation programs are encouraged.

Technical approach and range of services. The District seeks a detailed Project that has a sound technical approach to meeting the District's comfort, energy, and operating cost efficiency objectives. Proposals should include a detailed list of all conservation measures, including but not limited to location, quantity, and specific information for all equipment, materials, fixtures, controls, systems, and sequence of operation, including detailed drawings and other relevant information. Projects should also outline the Vendor's specific responsibilities for operation, maintenance and repair of equipment and systems following installation.

Financial Cash Flow & Stability, Value and Type of Guarantee. The District desires proposals that responsibly maximize the net economic benefit to the District and that responsibly minimize the risk to the District, in connection with the proposed agreement. A guarantee of savings must be included, as the District requires that all project costs will be timely reimbursed out of realized savings. The proposed economic statements shall not use operational and maintenance savings, or life cycle capital replacement cost savings to qualify the project as "self-funded." The proposed project shall be completely self-funded and shall not generate a negative cash flow during the term of financing

Ability to implement the project. The District seeks proposals demonstrating an ability to carry out the tasks and responsibilities outlined in the proposal, including the procurement of any necessary financing, in a prompt and efficient manner.

E. Awarding of the Contract

All proposals may be reviewed and evaluated by District administration and consultants for the purpose of recommendinga lowest responsible bidder. The ultimate determination to award a contract will be made by the District's Board of Educationas required by law.

The form of Contract will be premised on a form of agreement provided by Vendor. However, by submitting a proposal, each Vendor agrees to the terms and conditions identified in Attachment "B" (and, if applicable, Attachment "B-1"), attached hereto, except and only to the extent the Vendor specifically objects in writing to a provision and attaches the objection(s) as a separate document to its response to this RFP, along with a proposed alternative.

Notwithstanding anything herein to the contrary, the District shall have the unilateral ability, in its sole discretion, to negotiate any term of the Terms and Conditions (or any other provision within a form of contract considered by the parties). The award of a Contract shall be contingent upon the successful negotiation of all terms, and the Vendor shall not be entitled to any remuneration unless and until a Contract is officially approved by the District's Board of Education.

South Haven Public Schools

REQUEST FOR PROPOSAL FOR

ENERGY CONSERVATION IMPROVEMENT SERVICES

PART 3 – PROPOSAL DETAILS

I.VENDOR INFORMATION

The following information will be considered by the District for the purpose of determining the Vendor's "responsibility" and present capability to perform the ECMs. The District's determination is not limited to the information below or any other information required by this RFP.

Name of Firm: ______

Year Established: ______

Address: ______

Telephone Number: ______

Facsimile Number: ______

Contact Person Email Address: ______

A.Business Organization

1.Individual Partnership Corporation Other _

2.Years firm has provided energy conservation improvements for K-12 districts:

3.List Principals and officers of the firm:

4.List the various professional and support staff positions and number of personnel in each position in your firm.

Professional StaffNumberSupport Staff Number

5.Provide a brief history of your firm's experience with public school energy conservation measures.

6.PERSONNEL:

Provide an organization chart, including resumes of all key design personnel your firm will commit for the duration of this Project if awarded the contract and the hourly rate for such personnel in the event they provide Additional Services (i.e., services beyond the originally agreed scope of the project), and provide documentation regarding their respective qualifications. For the project designer you identify to be assigned for the duration of our Project, provide the name and phone number of two superintendents, two business managers, and two building principals with whom the designer has worked on a school energy improvement project. Vendor shall not change design staff assigned to the project without the Owner's approval or request except in the event such individual dies, is disabled or leaves the employment of the Vendor.

7.List professional consultants outside your firm you propose using to provide services not available in your firm.

Number of Times

Firm NameCity/StateSpecialtyAffiliated With You

1.

2.

3.

4.

8.What is your firm's present workload? Provide a list of all scheduled and unscheduled energy conservation projects currently being handled by your firm, including an indication of approximate cost and percentage of completion for each project.

9.What is your General Liability Insurance coverage:

a.Total amount of protection provided.

b.Amount of deductible, if any.