REQUEST FOR QUALIFICATIONS
Proposition 39 Energy Expenditure Plan Review and
Implementation Services
Eric Volta
Superintendent
Contact:
Paul Melloni
Director of Facilities
20 Oak Street
Brentwood, CA 94513
[email protected]
1
TABLE OF CONTENTS
Item
Page Number
Notice to Vendors
3
General Information
4
Vendors Checklist
5
Prime Point of Contact
6
References
7
Non Collusion Declaration
8
General Terms and Conditions
9-12
Scope of Services
13
RFQ Submission
13-14
Expected Compensation
14
Proposed Award Timeline
15
2
NOTICE TO VENDORS
Notice is hereby given that Liberty Union High School District (LUHSD) will receive
sealed RFQs for RFQ for Proposition 39 Energy Expenditure Plan Review and
Implementation Services
RFQs must be received prior to 10:00A.M on April 29, 2016 to LUHSD at 20
Oak Street, Brentwood, CA 94513.
Refer any questions to Paul Melloni via email by April 18, 2016 by 10:00 a.m. at
[email protected].
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GENERAL INFORMATION
The Liberty Union High School District (“District”) invites proposals for furnishing Proposition 39
Energy
Expenditure Plan Review and Implementation Services
A. One (1) original and three (3) copies of proposal must be submitted in a sealed
envelope with the words “RFQ – Proposition 39 Energy Expenditure Plan Review and
Implementation Services” clearly marked on the outside, no later than 10:00 a.m.,
Monday April 29, 2016, to the following address:
Liberty Union High School District
Paul Melloni
Director of Facilities
20 Oak Street
Brentwood, CA 94513
RFQs received later than the aforementioned date and time will be returned to Vendor
unopened. Facsimile (FAX) copies or e-mailed RFQ will not be accepted.
B. In order to control information disseminated regarding this Request for Proposals, vendors
interested in submitting proposals are directed not to make personal contact with members of
the Board of Trustees. Failure to do so may result in the revocation of the submitted proposal
from review.
All questions are to be directed to Paul Melloni, Director of Facilities, via e- mail:
[email protected] no later than 10:00 a.m.,
Monday April 18, 2016.
The District reserves the right to accept or reject any or all RFQs, to select a qualified vendor
with or without interviews and to negotiate with any or more than one of the responsible
submitters. Submitters shall be responsible for any and all expenses that they may incur in
preparing proposals. Responses received from this RFQ will be used as the foundation for the
development of an agreement and contract with specific provisions subject to review,
negotiations and approval of the Board.
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VENDORS CHECKLIST
RFQ – Proposition 39 Energy Expenditure Plan Review and
Implementation Services
Submit this checklist with your RFQ documents. Vendors shall complete and submit all required
documents for RFQs to be considered responsive.
Required
1. Prime Point of Contact Sheet
2. Request for References
3. Non Collusion Declaration
Documents required on the checklist but not included in your RFQ submittal may render your RFQ
non-responsive and ineligible for award.
RFQs received by Liberty Union High School District by the scheduled RFQ opening time will be
opened by staff, but are subject to verification that all the required documents have been submitted.
Submitted By:
Company Name
Contact Person
Address
Telephone
City, State, Zip Code
Fax Number
5
PRIME POINT OF CONTACT
RFQ – Proposition 39 Energy Expenditure Plan Review and Implementation
Services
Each proponent’s proposal must contain a statement indicating the name of their prime point of contact for the
resolution of difficulties with the vendor’s proposed offerings.
Name of Company
Address
Signature
City
Print Name
Phone Number
Title
Email Address
State
Zip Code
Fax Number
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REQUEST FOR REFERENCES
TO BE EXECUTED AND SUBMITTED WITH RFQ
All RFQs are to submit with their RFQ at least three (3) previous jobs of similar scope and size completed in
the last three years. They must include a contact name and phone number for verification purposes. Failure
to provide reference may result in your RFQ being determined non-responsive.
1.
Name of Reference
Contact Person
Address
Phone
Scope of Work:
2.
Name of Reference
Contact Person
Address
Phone
Scope of Work:
3.
Name of Reference
Contact Person
Address
Phone
Scope of Work:
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NONCOLLUSION DECLARATION TO BE EXECUTED BY AND SUBMITTED
WITH RFQ
Proposition 39 Energy Expenditure Plan Review and
Implementation Services
The undersigned declares:
I am the
the party making the foregoing proposal.
of
,
The proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation. The proposal is genuine and not collusive or sham. The proponent
has not directly or indirectly induced or solicited any other proponent to put in a false or sham RFQ. The
proposer has not directly or indirectly colluded, conspired, connived, or agreed with any proponent or anyone
else to put in a sham RFQ, or to refrain from proposing. The proposer has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the RFQ price of the proposer
or any other proponent, or to fix any overhead, profit, or cost element of the RFQ price, or of that of any other
proposer. All statements contained in the RFQ are true. The proposer has not, directly or indirectly,
submitted his or her RFQ price or any breakdown thereof, or the contents thereof, or divulged information or data
relative thereto, to any corporation, partnership, company, association, organization, RFQ depository, or to any
member or agent thereof, to effectuate a collusive or sham RFQ, and has not paid, and will not pay, any person
or entity for such purpose.
Any person executing this declaration on behalf of a proposed that is a corporation, partnership, joint
venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she
has full power to execute, and does execute, this declaration on behalf of the proponent.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct and that this declaration is executed on
[date], at
[city],
[state].
Signature
Print Name
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GENERAL TERMS AND CONDITIONS
RFQs/Proposals. To receive consideration, RFQs/Proposals shall be made in accordance with the
following terms:
1. THE RFQ – All items on the form should be stated in figures, and signatures of all individuals must
be in long hand. The completed form should be without interlineations, alterations, or erasures.
Unsigned RFQs will not be accepted.
2. “FAX” RFQS – Facsimile copies of RFQs will not be accepted for formal advertised RFQs.
3. DEFINITIONS – Responsible; a bidding party possessing the skill, judgment, integrity and financial
ability necessary to timely perform and complete the contract being RFQ. Responsive; an RFQ
which meets all of the specifications set forth in the request for RFQs.
4. NAME AND NATURE OF RESPONDER’S LEGAL ENTITY – The Responder(s) shall specify in
the RFQ the name and nature of its legal entity and any fictitious name under which it does any
business covered by the bond. The RFQ shall be signed under the correct firm name by an
authorized officer.
5. WITHDRAWAL OF RFQ – RFQ proposals may be withdrawn by the vendors prior to the time fixed
for the opening of RFQs, but may not be withdrawn for a period of ninety (90) days after the
opening of RFQs. A successful Responder shall not be relieved of the RFQ submitted without the
District’s consent or Responder’s recourse to public Contract Code Sections 5100 et. seq.
6. ASSIGNMENT OF CONTRACT OR PURCHASE ORDER – The Responder(s) shall not assign or
transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations
without the prior written consent of the surety on the bond, if any, and the District.
7. RFQ NEGOTIATIONS – A RFQ response to any specific item of this RFQ with terms such as
“negotiable” “will negotiate” or of similar intent, will be considered as nonresponsive to the specific
item.
8. ACCEPTANCE OR REJECTION OF RFQS – The District may purchase an individual item or
combination of items, whichever is in the best interest of the District, provided also that vendor(s)
may specify that the District’s acceptance of one item shall be contingent upon the District’s
acceptance of one or more additional items submitted in the same RFQ. RFQS shall remain open
and valid and subject to acceptance for ninety (90) calendar days after the RFQ opening.
9.
RFQ EXCEPTIONS – All exceptions which are taken in response to this RFQ must be stated
clearly. The taking of RFQ exceptions or providing false, incomplete or unresponsive statements
may result in the disqualification of the RFQ. Allowance of exceptions will be determined by the
governing board whose decisions shall be final. Any RFQ exceptions or additional conditions
requested after RFQ closure, which are not detailed within the RFQ response, may result in
disqualification of the RFQ. No oral or telegraphic modification of any RFQ submitted will be
considered.
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10. AWARDS – The District reserves the right of determination that items RFQ meet or do not meet RFQ
specifications. Further, the Board of Education reserves the right to accept or reject any or all RFQs
and to waive any informality in the bidding. The District intends to award the final contract(s) to the
respondent whose proposal is determined to represent the best value to the District, taking into
account price, features, functions and life-cycle costs identified by the proposers.
11. EXECUTION OF CONTRACT – Issuance of one or more contracts in a final form approved by the
District, shall evidence the contractual agreement between the Responder(s) and the District and
the Responder’s acceptance of these RFQ Instructions and Conditions.
12. DELIVERY – Time and manner of delivery are essential factors in proper performance under the
contract. Unless otherwise specified, the successful Responder(s) shall be responsible for delivery
and shall pay all costs, including drayage, freight and packing for delivery to locations in the District
as may be specified in the RFQ form. Each item shall be securely and properly packed and clearly
marked as to content. All shipments shall be accompanied by a packing slip and the District purchase
order number shall appear on all cases and packages.
13. DEFAULT BY CONTRACTOR – The District shall hold the Responder(s) responsible for any damage
which may be sustained because of failure or neglect to comply with any terms or conditions listed
herein. It is specifically provided and agreed that time shall be of the essence in meeting the
contract delivery requirements. If the successful Responder(s) fails or neglects to furnish or deliver
any of the materials, supplies or services listed herein at the prices named and at the time and place
herein stated or otherwise fails or neglects to comply with the terms of the RFQ, the District may,
upon written notice to the Responder, cancel the contract/purchase order in its entirety or cancel or
rescind any or all items affected by such default, and may, whether or not the contract is cancelled
in whole or in part, purchase the materials, supplies or services elsewhere without further notice to
the Responder. The prices paid by the District at the time such purchases are made shall
be considered the prevailing market price. Any extra cost incurred by such default may be collected
by the District from the Responder, or deducted from any funds due the Responder.
14. INSURANCE – The successful Responder(s) shall maintain insurance adequate to protect him from
claims under Workers’ Compensation Laws and from claims for damages for personal injury,
including death and damage to property, which may arise from Responder’s operations under the
contract. Also, the Responder may be required to file proof of such insurance, naming Liberty Union
High School District as an additional insured by separate endorsement as follows: The Responder is
required to provide proof of insurance to the Governing Board of a comprehensive general liability
insurance policy providing occurrence based coverage to be in effect during the term of the contract.
Bodily Injury shall be $1,000,000, combined single limit or $1,000,000 per person, $1,000,000
per accident. Property Damage shall be $500,000 per loss. Failure to furnish such evidence and
insurance, if required, may be considered default by the Responder(s).
15. INVOICES AND PAYMENTS – Unless otherwise specified, the successful Responder(s) shall render
invoices in duplicate for materials delivered or services performed under the contract, to the
Accounting Department of the District, 20 Oak Street, Brentwood California, 94513 Invoices shall
be submitted under the same firm name as shown on the RFQ. The successful Responder(s)
shall list separately any taxes PAYABLE BY THE District and shall certify on the invoices that Federal
Excise Tax is not included in the prices listed thereon. The District shall make payment for materials,
supplies, or services furnished under the contract within a reasonable and proper time after
acceptance thereof and approval of the invoices by the authorized District Representative.
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24. MISCELLANEOUS PROVISIONS:
A. Assignment of Contracts – The Contractor shall not assign or transfer by operation of law or
otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of the
surety on the performance bond (if one is required) and of the District.
B. Binding Effect – This Agreement shall inure to the benefit of and shall be binding upon the
Contractor and District and their respective successors and assigns.
C. Severability – If any provisions of this agreement shall be held invalid or unenforceable by a
court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other
provisions hereof.
D. Amendments – The terms of this Agreement shall not be waived, altered, modified,
supplemented or amended in any manner whatsoever except by written agreement signed by the
parties.
E. Entire Agreement – This RFQ and all attachments thereto constitutes the entire agreement
between the parties. There are no understandings, agreements, representations or warranties,
express or implied, not specified in the Agreement. Responder, by the execution of his/her
signature on the RFQ Form acknowledges that he/she has and read this Agreement, understands
it, and agrees to be bound by its terms and conditions.
F. Force Majeure Clause – The parties to the contract shall be excused from performance
thereunder during the time and to the extent that they are prevented from obtaining, delivering or
performing by act of God, fire, strike, loss or shortage of transportation facilities, lockout, or
commandeering of materials, products, plants or facilities by the government, when satisfactory
evidence thereof is presented to the other party, provided that it is satisfactorily established that the
nonperformance is not due to the fault or neglect of the party not performing.
G. Hold Harmless Clause – The successful Responder agrees to indemnify, defend and
save harmless Liberty Union High School District, its governing board, related divisions and
entities, officers, agents, and employees from and against any and all claims, demands, losses,
defense costs, or liability of any kind or nature which the District, it’s officers, agents, and employees
may sustain or insure or which may be imposed upon them for injury to or death of persons, or
damage to property as a result of, arising out of, or in any manner connected with the Responder
or Responder’s agents, employees or subcontractor’s performance under the terms of this contract,
expecting only liability arising out of the sole negligence of the District.
H. Prevailing Law – In the event of any conflict or ambiguity between these instructions and state
or federal law or regulations, the latter shall prevail. Additionally, all equipment to be supplied or
services to be performed under the RFQ proposal shall conform to all applicable requirements of
local, state and federal law.
I. Governing Law and Venue – In the event of litigation, the RFQ documents, specifications and
related matters shall be governed by and construed only in accordance with the laws of the State
of California. Venue shall only be with the appropriate state or federal court located in Contra
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Costa County.
J. Permits and Licenses – The successful Responder(s) and all of his employees or agents shall
secure and maintain in force such licenses and permits as are required by law, in connection with
the furnishing of materials, articles or services herein listed. All operations and materials shall be
in accordance with law.
K. Contract Documents – The complete contract includes the following documents:
The
advertisement for RFQs, the RFQ instructions and conditions, specifications and drawings, if any,
the RFQ and its acceptance by the District, the final form of contract (s), and all amendments thereto.
All of these documents shall be interpreted to include all provisions of the other documents
as though fully set out therein.
L. Independent Contractor – While engaged in carrying out and complying with terms and
conditions of the contract, the Responder agrees by his/her signature on the RFQ Form that he/she
is an independent contractor and not an officer, employee or agent of the District.
M. Anti-discrimination – It is the policy of the Liberty Union High School District Board of Education,
that in connection with all work performed under Purchasing Contracts there shall be no
discrimination against any prospective or active employee engaged in the work because of sexual
orientation, physical and mental disability, medical conditions, marital status, age, pregnancy, veteran
status, gender, race, color, ancestry, national origin, sex, or religious creed. Therefore, the
Responder agrees to comply with applicable Federal and California laws including, but not limited
to, the California Fair Employment and Housing Act. In addition, the successful Responder(s)
agrees to require like compliance by all subcontractors employed on the work by him.
N. Termination Without Cause – This Agreement may be terminated by the District upon giving
thirty days advance written notice of an intention to terminate as will be further described in the
final contract form approved by the District.
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SECTION 1 - SCOPE OF SERVICES
The selected consultant will be required to perform the following:
A. ENERGY EXPENDITURE PLAN REVIEW
 Review previously approved Prop 39 Energy Expenditure Plan, provide consultation on viability
of each recommended measure and suggest any proposed amendments.
 Evaluate any other measures the selected entity and the District mutually agree on pursuing to
enhance the submission and/or value to the District in order to ensure the final Energy
Expenditure Plan, along with any amendments, conforms to the requirements of Proposition 39
and Government Code section 4217 et. Seq. as applicable.
 Provide final turn-key construction costs and energy savings for all agreed upon measures the
District wishes to include in its f i n a l Energy Expenditure Plan submission, thus eliminating
any future plan modification.
 Develop any final Energy Expenditure plan Amendment for submission, ensuring the
District meets 1.05 minimum SIR requirement District-wide.
 Assist with Prop 39 compliance and garner approval of California Energy Commission Energy
Expenditure Plan Amendment, if necessary.
B. ENERGY PROJECT IMPLEMENTATION AND COMPLETION
 Provide firm, turn-key pricing, design build construction contract utilizing Government Code
Section 4217 as the contracting mechanism.
 Pricing to include all construction management and installation services in accordance with all
applicable California law, including but not limited to prevailing wages
 Pricing to include all commissioning of installed measures.
 Provide and assist District in providing required annual and final reports for each Proposition 39
funded project.
 Provide Prop 39 post-project reporting per California Energy Commission requirements.
 Provide any ongoing energy management and/or training services the District may wish to
pursue per Proposition 39 Regulations.
SECTION 2 – RFQ SUBMISSION
Please provide responses to the following. Please tab your RFQ response accordingly.
1. Describe the qualifications and relevant energy project experience of your firm, its team, and
its staff. Include a clear description of your firm’s proposed team with names, resumes, and
project responsibilities.
2. Describe your firm’s approach to review, manage, and/or implement the Energy Projects in
conformance with the requirements of Proposition 39 and Government Code section 4217 et.
seq. as applicable.
3. Describe your firm’s approach to developing a scope of work for the project. How are the
various components of a project prioritized and evaluated?
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4. Provide a step-by-step description of typical project implementation and the specifications of a
typical K-12 energy/Proposition 39 project.
5. Describe your firm’s experience with various project delivery methods under Proposition 39
and Government Code section 4217 et. seq. Address the areas that are self-performed, subcontracted, team delivered, etc. The following areas must be addressed: design, engineering,
procurement, and installation.
6. Describe your firm’s safety program. Include proof of your firm’s safety Experience Modification
Rating (EMR) or equivalent.
7. Describe in detail your firm’s methodology for calculating energy cost savings.
8. Describe your firm’s financial capacity to handle the project. Include company bond rating,
bond limits, and evidence of insurability.
9. Provide a description of your firm’s commitment to and experience with obtaining OPSC
Project Closure status, as well as experience with DSA, for public school projects.
10. Provide names and contact information for five (5) Energy Project Design/Build references for
projects in California public schools in which your firm was the Prime Contractor under
Proposition 39/Gov’t Code section 4217 et. seq. Provide a brief description of the work
performed for these clients.
11. Provide a brief description of your firm’s ability to provide remote monitoring of equipment and
utility meters. Describe your firm’s stance on open platform vs. proprietary technology for EMS
and controls-related systems.
12. Is or has your firm been a party to suits, claims, or similar actions related to:
a. Co n st ru ct io n claims relating to performance or delay
b. O S HA , labor relations, or similar issues affecting the progress of the work
c. California State Contractor License suspensions or code violations
d. I f “yes” to any of the above, provide a summary and current status of the issue under
separate attachment to the response to this RFQ.
SECTION 3 – COMPENSATION
Provide a draft scope of work and pricing for the scope in Section 1- Item A (Developing the final
Project for Implementation, submitting any Amendments, and receiving CEC approval). State how
much you expect to be compensated for all your services, time and materials for Section 1 – Item A
only.
Provide a narrative description of your firm’s plan for developing the final guaranteed maximum price
for any design-build/implementation services to be provided pursuant to Section 1 (B) and (C)
following District approval of any Amendments to the existing Energy Expenditure Plan.
$
Written Amount
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TENATIVE RFQ AWARD TIMELINE
April 29, 2016
Proposals Due no later than 10:00 a.m.
May 6, 2015
Winning Responder Selected
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