SARANAC COMMUNITY SCHOOLS ENERGY CONSERVATION IMPROVEMENTS. REQUEST FOR PROPOSALS March 25, 2015

Transcription

1 REQUEST FOR PROPOSALS

2 I. TABLE OF CONTENTS Section I. Table of Contents II. III. IV. Project Description Components of Proposal / Format The Selection Process V. Instructions for Submitting Proposals VI. Terms and Conditions CONTENTS 2

3 II. PROJECT DESCRIPTION 1. Saranac Community Schools (the School District ) requests detailed proposals for the implementation of energy conservation improvements district-wide, on a performance-contracting basis. This request for proposal (RFP) will provide a competitive means in which to select a single performance contracting company to implement the improvements. 2. The forgoing project may be subject to the prevailing wage requirements of the federal Davis Bacon Act, and the wages paid under a contract on this Project must satisfy the wage requirements. Bidders MUST include Davis-Bacon prevailing wage rates in their bid. Bidders are also given notice that all contract language required under federal law and regulation with respect to compliance with the Davis-Bacon Act shall be incorporated into any contract between the District and the winning bidder. 3. In general, the components of the program are to: a) Provide comprehensive energy services for all District buildings (list attached), 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. However, at a minimum, the district would like to see the following areas addressed: Energy Management System (district wide) Elimination of current steam to hot water system (Jr-Sr High School) RTU s (Jr-Sr High School) Improved comfort (Elem School, Jr-Sr High School) b) Provide a more comfortable environment for building occupants. This may include the repair, renovation or replacement of existing heating, ventilation, air conditioning, or temperature control systems. The specific nature of improvements will be left up to the Bidder s judgment, and must be clearly identified in the Bidder s Proposal. Minimum occupied temperatures should be 68 o F in the heating season and a maximum of 74 o F degrees in the cooling season (for those areas that cooled). Savings forecasts should take into account general after hours programs and activities currently being provided. c) Provide a minimum one-year warranty period on all new or renovated equipment, including labor equipment and materials. d) Provide a written detailed breakdown and show calculations of both the energy performance savings and operational savings to be derived each year of the contract for the duration of the contract and provide a PROJECT DESCRIPTION 3

4 guarantee of annual energy savings. The breakdown must include at least all of the following: 1. A description of the guaranteed energy and operational savings and tasks to be performed under the energy savings performance contract. 2. The combined total net cost of all of the energy conservation measures in the Project. 3. The projected energy savings and operating and maintenance costs savings resulting from the Project on both an annual and full duration of contract basis. 4. The useful life of each ECM. 5. The simple payback period. e) Provide a guarantee of annual energy savings. The bidder must include as part of the program, a minimum written guarantee of energy savings for a period of five (5) years. However, the school district may elect to have the guarantee term be less than five (5) years. 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. The energy guarantee must be a first party guarantee. f) Proposals shall include detailed engineering calculations for the proposed energy savings. g) The Bidder shall provide a detailed measurement and verification plan (the "M&V Plan"). Provide an annual energy audit. The annual savings will be verified by an annual energy audit. All Measurement and Verification Plans must meet the International Performance Measurement and Verification Protocol (IPMVP) published in January The M&V Plan shall measure all gas and electric utility savings and shall include the following elements: 1. A detailed description of the M&V services to be provided upon completion of installation and construction 2. A description of the intended IPMVP option to be used including a description of measurement methods and equipment to be used, if applicable 3. Proposed baseline operating data to be utilized. (Detailed bills to be provided.) 4. Commissioning of the newly installed ECM s 5. Documentation of post ECM energy and operating data PROJECT DESCRIPTION 4

5 6. 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). h) Pursuant to 1937 PA 306, as amended and 1980 PA 299, as amended, the selected contractor shall provide all services identified in those acts that may be performed by an architect and/or engineer, including supervisory 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 Selected Contractor or in which the Selected Contractor has an interest. Further, the Selected Contractor shall satisfy all requirements relative to filing plans with and obtaining approval of the State of Michigan for the Project. i) 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. j) Provide training programs for School District personnel that enhance the overall efficiency of energy consuming operations within the School District's facilities. Location and duration should be stated as well as the number of people that will be trained. PROJECT DESCRIPTION 5

6 III. COMPONENTS OF PROPOSAL / FORMAT All proposals submitted must contain the following information in the order requested. 1. Name and address of Proposer. 2. Names and resumes of the people who will be assigned to the project. 3. A detailed summary of the installation to be performed by category. a. Lighting b. Energy Management System c. HVAC System Modifications d. Fenestration / Building Envelope Improvements e. Water conservation f. Other, as recommended by Bidder 4. Measurement and Verification (M & V) program for monitoring the energy savings. All M & V Plans must meet the International Performance Measurement and Verification Protocol (IPMVP) published in January Identify any proposed maintenance program and associated costs. Identify if the proposed maintenance program is required for the guarantee. 6. Training program and costs. Include hours, location, number of participants. 7. Assurance that all work will be performed in accordance with all applicable codes. 8. Cash flow analysis. Assume current energy prices will increase by 3 % a year. A sample financial cash flow template is attached as Table Provide details of costs, savings $, energy savings (in energy units) and simple paybacks. See Cost / Savings Summary template attached as Table Guaranteed savings description, including energy rates to be used and the units of energy guaranteed to be saved. 11. List ALL K-12 performance contracting projects in Michigan since January 2010 for which your firm is the prime contractor. Excluding projects may result in proposal disqualification. A sample Performance Contracting History reference template is attached as Table 3. PROPOSAL FORMAT 6

7 12. Credit information and references including primary bank, two large suppliers, latest D&B report, and the latest audited annual financial report. 13. Proposal to be signed by an authorized Proposer official. 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 14. Provide project management responsibility and a detailed project completion schedule. Provide 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 Act 299, Public Acts of Michigan of Attachments: a) Authorization and certification that all Section II requirements are included b) Acceptance of Program Management and code compliance responsibilities c) Affidavit of Bidder (Familial Disclosure Statement) d) Affidavit of Compliance ( No Iran Linked Business ) e) Bid bond f) Baseline Utility Summary, including normalized consumption upon which the guarantee and savings are based. Template is attached as Table 4. g) Baseline / Guarantee Operating Parameters showing all pre-project and post project run times and space temperatures. Template is attached as Table 5. h) Energy Saving Calculations for each retrofit included in proposal 16. 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. PROPOSAL FORMAT 7

8 Table 1: Cash Flow Template Financial Projections Sample Cash Flow Analysis Table 2-Cash Flow SAMPLE (Company Name) Directions: (Revision Date) 1) Fill in yellow cells Costs 2) Dollars listed in this model are for demonstration purposes only ESCO Project Sale Price $ - 3) Alter table if needed to accommodate your solution Ancillary Project Cost $ - 5.1% Total Project Cost $ - Bond Issuance Costs $ - Total Financed $ - Ancillary Project Costs (Not financible) $ - (To be provided by District) Meas. & Verification Costs $ - (First Year) Savings Annual Guaranteed Energy Savings $ - (First Full Year) Operational Savings $ - (Provide separate break out) Utility Rebates (Estd) $ - Guarantee Term 5 Years Finance Term 15 Years Interest Rate (Energy Bond/QZAB) 2.5% /Year Inflation Factor (Energy) 3.0% /year Year ANNUAL INVESTMENT Funding CASH FLOW District Costs Principle Meas. & Total Guaranteed Annual Potential Total Net Cumulative Not & Verification Annual Energy Operational Utility Annual Annual Cash Financed Interest Costs Costs Savings Savings Rebate Funding Savings Flow 0 $ - $ - $ - 1 $ - 2 $ - 3 $ - 4 $ - 5 $ - 6 $ - $ - $ - 7 $ - $ - $ - 8 $ - $ - $ - 9 $ - $ - $ - 10 $ - $ - $ - 11 $ - $ - $ - 12 $ - $ - $ - 13 $ - $ - $ - 14 $ - $ - $ - 15 $ - $ - $ - Total $ - PROPOSAL FORMAT 8

9 Table 2. Savings and Cost Summary Energy Conservation Measure Saranac Jr./Sr. High School a. Lighting b. Energy Management System c. HVAC System Modifications d. Fenestration Improvements e. Water conservation f. Other, as recommended by Bidder Project Cost kwh Saved kw saved $ Electric Saved Gas Saved $ Gas Saved Water/Sewer Saved $ Water/Sewer Saved Total $Energy Savings Ops Savings Estimated Rebates Simple Payback Equipment Life (years) Saranac Middle School a. Lighting b. Energy Management System c. HVAC System Modifications d. Fenestration Improvements e. Water conservation f. Other, as recommended by Bidder Saranac Elementary School a. Lighting b. Energy Management System c. HVAC System Modifications d. Fenestration Improvements e. Water conservation f. Other, as recommended by Bidder Technology Building a. Lighting b. Energy Management System c. HVAC System Modifications d. Fenestration Improvements e. Water conservation f. Other, as recommended by Bidder Transportation Garage a. Lighting b. Energy Management System c. HVAC System Modifications d. Fenestration Improvements e. Water conservation f. Other, as recommended by Bidder Administration Building a. Lighting b. Energy Management System c. HVAC System Modifications d. Fenestration Improvements e. Water conservation f. Other, as recommended by Bidder Total PROPOSAL FORMAT 9

10 Table 3. Performance Contracting Project History Client Contract Amount Year Contact Name Contact Job Title Phone Number PROPOSAL FORMAT 10

11 Table 4. Baseline Utility Summary PROPOSAL FORMAT 11

12 Table 5. Baseline and Guarantee Period Operating Parameters PROPOSAL FORMAT 12

13 Table 6. List of District Buildings List of Saranac Community Schools Buildings Building Name Address City State Gross Sq. Feet 1 Saranac High-Jr High School 150 Pleasant St. Saranac MI 100,000 2 Saranac Elementary School 250 Pleasant St. Saranac MI 68,000 3 Saranac Middle School 88 Vosper St. Saranac MI 50,000 4 Central Office 88 Pleasant St. Saranac MI 1,000 5 Technology Building 225 Pleasant St. Saranac MI 4,000 6 Transportation Garage 215 Pleasant St. Saranac MI 9,000 Total 232,000 SELECTION 13

14 IV. THE SELECTION PROCESS A. TIMETABLE The School District expects to undertake the selection process described below according to the following schedule: 1. Advertise Request for Proposals March 27-April 10, 2015 a.) Post Advertisement on the Department Of Management & Budget website. b.) Place an Advertisement in the local Newspaper. 2. Mandatory Bidders Conference / Group Survey April 13, 2015 at 10:00 AM 3. Intention to Bid with (10) Performance Contracting References April 14, 2015 at 4 :00 PM Received by the District 4. Submission of Proposals April 29, 2015 by 2:00 PM local time 5. Bid Review April 30-May 6, Vendor Interviews/Board Presentation of Recommendation May 7, Selection May 21, Contract / Financing Award June 18, 2015 B. BIDDERS CONFERENCE The School District will conduct a mandatory bidder s conference and group survey on April 13 th, 2015 at 10:00 AM. The bidder conference will commence at the School District s Technology building located at 225 Pleasant Street, Saranac, MI (next to the bus garage). C. SITE VISITS Additional site visits can be scheduled as necessary. Golombisky Bidders should contact Gary D. SUBMISSION OF PROPOSALS Bidders shall submit proposals as described in Sections II, III, IV, V, and VI. E. PROPOSAL EVALUATION A committee composed of representatives of the School District will evaluate all proposals. The evaluation committee may conduct interviews with the finalists to clarify information provided in the proposals. Providing there is at least one qualified response, the evaluation committee will review the response(s) and will consider whether to recommend a proposal SELECTION 14

15 to the School Board. The School Board will make the final selection based upon the evaluation committee recommendations and such other factors as the Board deems to be in its best interest. The School District 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 School District. Proposals will be evaluated and scored on the basis of the following criteria: A. The Overall Quality of Proposal 20% Proposals will be evaluated on how respondents demonstrate overall thoroughness, quality of review and recommendations. Particular emphasis will be placed on the soundness of the proposal from the baseline analysis, use of hard data vs. estimates, soundness of reductions, use of appropriate energy rates, and thoroughness of calculations. B. The Impact Projected 20% Proposals will be evaluated on the overall proposed impact to the district. This impact will be viewed in terms of energy savings, operational savings, impact on maintenance staff efficiency, impact on students and staff. Evaluation will also include the overall amount of equipment replaced, which reduces future district expenditures. C. The Value Offered 20% Proposals will be evaluated based on the overall price, amount and quality of equipment provided (for instance refurbishing vs. replacement) for the price, cost of M&V and any required service. D. The Assurance of Success 20% Proposals will be evaluated on the overall risk to the client for achieving the expected outcomes. This includes the a) implementation (i.e. quality of the company team and experience assigned to implement the project); b) the amount of positive cash flow and or timing of the cash flow (which serves as a cushion to the district); c) the type of M&V methodology (which affects the risks born by the district); d) the amount of measured vs. stipulated savings; e) the company s ability to guarantee the project over the term. E. The Track Record of Success 20% Proposals will be evaluated in terms of the Contractor s track record on other projects. Calls will be made to a sampling of representative projects from the project history list. Responses will be rated for a) achievement of projects without unplanned costs to the owner; b) relative ease of resolving unplanned issues; c) proven ability to exceed targets; d) owner satisfaction (i.e. the relative likelihood that they would do another project with this Contractor if a viable project existed.) If necessary, individual criteria will be considered: The Overall Quality of Proposals 0-20 points The Impact Projected 0-20 points The Value Offered 0-20 points SELECTION 15

16 The Assurance of Success The Track Record of Success Total Possible 0-20 points 0-20 points 100 points SELECTION 16

17 V. 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 Maury Geiger at B. SUBMISSION OF PROPOSALS Bidders shall submit sealed, written proposals by 2:00 P.M. local time, April 29, 2015 at the School District s Administration Office, 88 Pleasant Street, Saranac, MI. An original and seven copies of the proposal shall be submitted in 3 ring slant D binders. Late bids will not be accepted. The School District reserves the rights to disqualify from consideration proposals which do not substantially provide all of the information requested in this RFP. C. BID BOND Required. Refer to the Terms and Conditions Section. D. PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND Required. Refer to the Terms and Conditions Section. E. PROPRIETARY INFORMATION After a contractor has been selected, all proposals may be subject to the Freedom of Information Act (442 P.A. 1976) unless the contractor falls under an exemption. The school district does not make any representation as to whether a FOIA exemption is available or would apply to bid submissions. For more information concerning the exemptions under the Freedom of Information Act, please contact the Michigan Attorney General s Office at (517) A booklet entitled Michigan s Freedom of Information and Open Meetings Acts is available. F. RIGHT TO REJECT In submitting a proposal, it is understood by the Bidder that the right is reserved by The School District 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 The School District. SUBMITTING PROPOSALS 17

18 VI. 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 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. 2. Bids must be received by the time and date specified on the face of this bid. 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 be fully responsible to the Owner for the acts and omissions of subcontractors and of persons, whether directly or indirectly employed by the firm. Nothing in this Agreement shall create any contractual relationship between any subcontractor and the Owner. The Contractor shall not assign, transfer, convey, or otherwise dispose of this Contract, or any part thereof, or the firm s right title, or interest in the same, or any part thereof, without 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 this Contract, without previous written consent of the Owner. 4. Prices for materials are to be Free on Board (FOB) 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. Each proposal submitted shall include and the successful Contractor will be required to pay all taxes which are levied by Federal, State or Municipal Governments upon labor, and for material entering into the work. The Owner reserves the right to require evidence of payment of such taxes prior to final payment. 6. The Bidder must provide a detailed project completion schedule. Commencement and Performance of the Work. The Work shall be performed without interference with Owner s education or athletic programs. Contractor shall commence the Work on the date of commencement provided in the Project Schedule, and shall establish and maintain a rate of work progress so as to ensure completion of the construction operations, including punch list corrections, within the time limit set forth in the Project Schedule. It is understood that the Work is to be carried through to completion with the utmost speed consistent with good workmanship. 7. The School District 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 School District. 8. A bank money order or bid bond must accompany all bids by a recognized surety company (licensed to do business in the State of MI) for not less than five percent of the amount of the bid submitted and made payable to the Owner as required by MCL This bank money order or bid bond is a guarantee the Contractor will, in case TERMS 18

19 his bid is accepted, enter into contract with the Owner within thirty (30) days to construct the work proposed and to give satisfactory bonds in the amount of the contract as specified. The bank money order or bid bond of the selected contractor will be forfeited to the Owner upon failure to enter into such contract and to give such bonds. The bank money order or bid bond of the selected contractor will be returned as soon as the contract is signed by the Contractor and returned to the Owner. 9. Prior to work commencement, of which these conditions shall be part, for any construction in excess of $50,000, the Contractor shall furnish performance bonds and labor and material payment bonds as required by MCL , et seq. in such form as the Owner may require, securing the faithful performance of such contracts and payment of all obligations arising thereunder. Such bonds must each 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 State Laws and Regulations regarding sales and use tax shall apply and the cost of same shall be included in the proposals. 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, 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. The bid shall also have a certification of No Iran-Linked Business. Bids not accompanied by these sworn and notarized statements 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 $2,000,000 each occurrence for Bodily Injury Liability and Property Damage TERMS 19

20 Liability, professional liability insurance in an amount of $2,000,000. In addition, the successful vendor will procure and maintain an Umbrella Liability policy in the amount of $5,000,000. Such insurance will protect the Contractor and shall name the Owner and the Project site as additional or co-insured s. The insurance required shall be written for the greater of limits not less than the limits of liability specified or required by the law 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 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. 16. The Contractor shall indemnify, hold harmless and defend the Owner, its Board Members, officers, employees, students, volunteers and agents 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 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 Contractor or its principals, shareholders, employees, agents, attorneys, accountants or subcontractors; b) Any claims by any employees or former employees of the Contractor or its agents or subcontractors, regarding any matter relating to their employment; c) 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 sole acts or omissions of the Contractor or its principals, shareholders, employees, agents, attorneys, accountants and/or subcontractors; d) 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; and e) Contractor shall not be responsible for indemnifying the Owner for any damage or claim arising from the sole negligence of the Owner. 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. TERMS 20

21 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 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, 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 Contractor at issue in a given circumstance. 24. The Contractor shall be responsible for all services that may be performed by an architect or engineer under 1937 PA 306, as amended, and 1980 PA 299, as amended, including but not limited to all design and supervision as described in those acts. TERMS 21

22 Attachment A AUTHORIZATION AND 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: TERMS 22

23 Exhibit B 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 below) (Insert #2 below) Name of Company: Address: City/State/Zip: Phone/Fax: Representative/Title: Signature: Date: TERMS 23

24 Exhibit C 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 ) )ss. COUNTY OF ) This instrument was acknowledged before me on the day of, 20, by., Notary Public County, Michigan My Commission Expires: Acting in the County of: TERMS 24

25 Exhibit D 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 Romulus Community Schools (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, 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: Name of Bidder STATE OF ) )ss. COUNTY OF ) By: Its: Date: This instrument was acknowledged before me on the day of, 2014, by., Notary Public County, My Commission Expires: Acting in the County of : TERMS 25