RFP_W&RRC Energy Management ConsultingMasterpiece on the Mississippi
Dubuque
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All- America City
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2012
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Water & Resource Recovery Center (WRRC) Energy Management
Consulting Request for Proposal
DATE: March 13, 2013
Project Manager Steve Sampson Brown recommends City Council approval to
distribute a Request for Proposal for a consultant to optimize energy use by the Water &
Resource Recovery Center's new industrial equipment and for ENERGY STAR
commissioning of the administration building.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
brit44 krt., italy,
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Steve Sampson Brown, Project Manager
Gus Psihoyos, City Engineer
Masterpiece on the Mississippi
Dubuque
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All -Ame ica City
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TO: Michael C. Van Milligen, City Manager
FROM: Steve Sampson Brown, Project Manager 0---/1----
SUBJECT: Water & Resource Recovery Center (WRRC)
Energy Management Consulting Request for Proposal
DATE: March 14, 2013
INTRODUCTION
The purpose of this memorandum is to request permission to distribute a Request for
Proposal (RFP) for the Water & Resource Recovery Center related to assisting WRRC
staff in optimizing energy use by the plant's new industrial equipment and for ENERGY
STAR commissioning of the administration building.
DISCUSSION
As a heavy industrial use facility, the WRRC is expected to be one of the largest energy
using facilities operated by the City. Throughout the design process, ENERGY STAR
performance standards were applied as one way to help reduce operating costs for the
plant. The Environmental Protection Agency (EPA) has developed a two -step process
by which buildings can be certified to perform at a certain efficiency levels.
The first step is through the establishment of an energy- efficient building design. The
second step is to measure and verify performance of the constructed buildings through
individual metering of actual HVAC equipment and analysis of energy bills before the
ENERGY STAR label can be earned. As part of the current, overall project budget
$416,000 is allocated to energy management consulting services. Throughout the
project's design phase city staff worked with an energy management consultant and
$264,000 was expended. This leaves an unspent line item balance of $152,000.00 for
energy management consulting as part of the project. Now that most of the major
equipment systems are installed and operational, it is recommend to proceed with hiring
a consultant to complete the second step energy management services as outlined in
the paragraph below.
As part of the RFP deliverables, the selected consultant will provide several services to
the WRRC. The scope of services will be provided over a 12 -month period and will
include:
• Monitor, measure, and track actual energy consumption of the WRRC building's
HVAC systems to determine if energy performance goals /savings are being
achieved and maintained.
Page 1 of 3
• Recommend and facilitate implementation of energy management practices and
procedures related to heavy industrial use equipment at the WRRC.
• Document energy savings realized, avoided energy costs, and greenhouse gas
emissions related to the various HVAC systems.
• Assist with tracking and verify documentation of energy usage so that the project
qualifies for the maximum utility rebate incentives from Alliant Energy -IPL and
Black Hills Energy.
• Assist city staff in completing quarterly progress reports as required by the Jeld
Wen -City agreement for the cogeneration microturbine project.
• Complete audit of electrical power bills to allocate power used on site by the
City's contractor Miron Construction. Electricity used by contractors on site is
reimbursable to the City per the City -Miron contract.
• In support of a stated goal for the project, for the administration building achieve
the ENERGY STAR label in accordance with the program sponsored by the
Environmental Protection Agency (EPA).
• Educate and train city staff on energy monitoring & correct use of EPA's Portfolio
Manager software to ensure long term energy performance goals are monitored,
documented and maintained by the WRRC.
The tentative schedule for the Energy
follows:
RFP Release to Public
Response Due Date
Recommendation to City Manager
Recommendation to City Council
EMC Completion
Management Consulting (EMC) RFP
March 19, 2013
April 3, 2013
April 9, 2013
April 15, 2013
Twelve months following the execution of
professional services agreement.
is as
It is recommended that the following City staff serve as the review committee for
proposals that will be received on April 3, 2013:
Jonathan Brown, WRRC Manager
Tim Horsfield, Parking System Supervisor
Rich Russell, Building Services Manager
Corey Firzlaff, Electrical Inspector
Steve Sampson Brown, Project Manager
RECOMMENDATION
It is recommended that the City distribute the attached RFP and solicit proposals from
qualified consultants to perform Energy Management Consulting at the Water &
Resource Recovery Center.
Page 2 of 3
BUDGET IMPACT
The estimated cost for consulting services is anticipated to be in the range of $50,000 to
$70,000 once a final scope of services has been negotiated. The work will be funded
from the Water Pollution Control Plant Modifications Project Capital Improvement
Project (CIP 710 - 1837). The City currently has an unspent line item balance of
$152,000.00 for energy management consulting as part of this project. After a
consultant agreement is negotiated, the remaining unspent balance of for this line item
will be returned to the general contingency fund for the project.
ACTION STEP
I respectfully request authorization to release the Request for Proposal for Energy
Management Consulting at the Water & Resource Recovery Center.
Prepared by Steve Sampson Brown, Project Manager
cc: Gus Psihoyos, City Engineer
Jenny Larson, Budget Director
Jonathan Brown, WRRC Manager
Tim Horsfield, Parking System Supervisor
Rich Russell, Building Services Manager
Corey Firzlaff, Electrical Inspector
Page 3 of 3
REQUEST FOR PROPOSAL (RFP)
THE CITY OF
ISSUE DATE: March 19, 2013
CONTACT: Steve Sampson Brown
PHONE NO: 563 - 589 -4270
EMAIL: sbrown @cityofdubuque.org
IIEJI3 �
Masterpiece on the Mississippi
SUBMIT PROPOSAL /OFFER PRIOR TO:
CLOSING DATE: April 3, 2013
CLOSING TIME: 2:00 P.M. (local time)
SUBMIT TO:
SEE Section 8.0
FAX/EMAIL NOT ACCEPTED
DESCRIPTION:
Water & Resource Recovery Center
Energy Management Consulting
RECEIPT OF PROPOSAL
El If you are considering a response
the left, fill in the information below
that you received this RFP.
NO RESPONSE REPLY
If you do not want to respond to
ACKNOWLEDGEMENT
to this RFP, please mark the box to
and return this sheet as a confirmation
this RFP at this time, please mark the
below and return this sheet only.
box to the left, fill in the information
COMPANY NAME:
DATE:
MAILING ADDRESS:
CITY /STATE:
ZIP CODE:
AUTHORIZED SIGNATURE:
PRINTED NAME:
TITLE OF AUTHORIZED REPRESENTATIVE:
EMAIL:
PHONE:
Page 1 of 24
CITY OF DUBUQUE
ENGINEERING DEPARTMENT
REQUEST FOR PROPOSAL
Water & Resource Recovery Center
Energy Management Consulting
City of Dubuque, Iowa
March 19, 2013
Page 2 of 24
RFP ORGANIZATION
Water & Resource Recovery Center
Energy Management Consulting
City of Dubuque, Iowa
March 19, 2013
Table of Contents:
SECTION PAGE
1.0 Introduction ................................... ............................... 4
2.0 Project Objectives. 4
3.0 Community Background... 4
4.0 Project Scope of Services...
5.0 Use of City Resources .
6.0 Information to be Included in the Proposal ...........................
7.0 Proposal Questions and Answers
8.0 Submission Requirements ................ ...............................
Appendix A Consultant Evaluation Selection Process.
Appendix B RFP Rules and Protest Procedure
Appendix C Insurance Requirements .................. ...............................
Appendix D Project Related Data ....................... ...............................
Page 3 of 24
Water & Resource Recovery Center
Energy Management Consulting
City of Dubuque, Iowa
THE CITY OF
DUB
Masterpiece on the Mississippi
Consultant Professional Services
Request for Proposal
March 19, 2013
1.0 INTRODUCTION
The City of Dubuque, Iowa is soliciting competitive sealed proposals from qualified
vendors to provide energy management consulting services for the Water & Resource
Recovery Center (WRRC).
It is anticipated that the timeframe for this project will be approximately 12 months
following the signing of a vendor services agreement/contract. The selected Vendor will
be expected to start the contracted scope of work immediately, under the general
direction and coordination of the City's Engineering Department as authorized by the
City Council.
2.0 PROJECT OBJECTIVES
The City of Dubuque (City) WPCP Modifications Project Contract 1 -2010 commenced
construction in August of 2010 and consists of renovating the following systems: influent
screening, grit removal, primary clarification, biological treatment, final clarification,
biosolids thickening and dewatering, maintenance building, hauled waste receiving, and
SCADA. The work also includes the addition of a primary clarifier, an ultraviolet
disinfection system, anaerobic digestion facilities, standby power generation, and other
associated mechanical, electrical, and site work. The project is currently under
construction with a scheduled Substantial Completion date of September 31, 2013.
As a heavy industrial use facility, the WRRC is expected to be one of the largest energy
using facilities operated by the City. Throughout the design process, ENERGY STAR
performance standards were applied to the design as one way to help reduce operating
costs for the plant. The City now seeks to measure and verify highly efficient
performance of the constructed buildings through a review of individually metered
HVAC equipment and MEP systems and for the Administration Building verify
performance so ENERGY STAR label can be earned.
Page 4 of 24
3.0 COMMUNITY BACKGROUND
The City of Dubuque is located on the Mississippi River in northeastern Iowa, adjacent
to Illinois and Wisconsin. The City is approximately 30 square miles in area, with a
population of approximately 60,000 people. The City's annual operating and capital
budget is nearly $116 million and funds a full range of services. The City's web site is
www.cityofdubuque.org. The community has a stable and diversified manufacturing
base and a growing service sector. Dubuque is the major retail, medical, education and
employment center for the tri -state area. Tourism continues to be a major economic
force in the community. City government works in collaboration with the private sector to
promote economic development. The job creation and unemployment numbers show
that Dubuque is growing steadily in the current economic climate. Dubuque's
construction numbers reveal an even more encouraging picture. The City has formed
strong relationships with the local business community to promote continued economic
growth and success.
4.0 PROJECT SCOPE OF SERVICES
This Section 4.0 sets forth the complete scope of services that the Vendor will provide.
The final scope of work will be negotiated with the selected consultant. The City has
established a budget of $50,000 - $70,000 to complete the proposed project.
4.1 — Project Documentation
4.1.1 Monitor, measure, and track actual energy consumption of the WRRC heavy
industrial building's HVAC and MEP systems to determine if energy performance
goals /savings are being achieved and maintained.
4.1.2 Recommend and facilitate implementation of energy management practices and
procedures related to heavy industrial use equipment at the WRRC.
4.1.3 Assist with tracking and verify documentation of energy usage so that the project
qualifies for the maximum utility rebate incentives from Aliiant Energy -IPL and
Black Hills Energy.
4.1.4 Assist city staff in completing quarterly progress reports as required by the Jeld
Wen -City agreement for the cogeneration microturbine project.
4.1.5 Complete audit of electrical power bills to allocate power used on site by the
City's contractor Miron Construction. Electricity used by contractors on site is
reimbursable to the City per the City -Miron contract.
Page 5 of 24
4.1.6 In support of a stated goal for the project, for the administration building achieve
the ENERGY STAR label in accordance with the program sponsored by the
Environmental Protection Agency (EPA).
4.1.7 Educate and train city staff on energy monitoring & correct use of EPA's Portfolio
Manager software to ensure long term energy performance goals are monitored,
documented and maintained by the WRRC.
4.2 — Expansion of the Water & Resource Recovery Center Energy Management
Consulting Contract
4.2.1 For a period of 36 months starting on the date of signature for this contract, the
City reserves the right to be able to add new work under this RFP for work at the
WRRC by exclusively negotiating for additional services with the vendor who is
awarded the contract for this RFP.
5.0 CITY RESOURCES
5.1 - Use of City Resources for the RFP Preparation
• All information requests shall be directed to the City's Project Manager as
detailed in Section 7.0 of this request for proposal. All Consultants should note
that contacting other City of Dubuque staff, the Engineer or any of the Selection
Committee members shall be considered inappropriate and be grounds for
disqualification.
5.2 - Material Available for the RFP
• Contract plans and specifications for the project are available in electronic format
by contacting the City Engineering Department.
5.3 - City Resources Available to the Selected Vendor
• The City will make available WRRC and Engineering Department staff, on site
access to the WRRC SCADA system data, access to system start up reports and
scaled pdf CADD drawings of the project.
6.0 INFORMATION TO BE INCLUDED IN PROPOSAL
The proposal should address all of the points outlined in this Request for Proposal
excluding any cost information which should only be included in a separate sealed
envelope labeled "Project Cost Estimate ". The proposal should be prepared simply and
economically, providing a straight - forward, concise description of the Vendor's
capabilities to satisfy the requirements of the RFP.
To simplify the review process and to obtain the maximum degree of comparability, the
proposal shall include the following information and shall be organized in the manner
Page 6 of 24
specified below. While additional data may be presented, the following subjects must be
included. They represent the criteria against which the proposal will be evaluated.
Letter of Transmittal
Provide a letter of transmittal briefly outlining the Consultant's understanding of the work
and list the project manager's name, address, telephone number, fax number and e-
mail address.
Index
Each proposal shall contain a detailed table of contents to delineate the sections with
their corresponding page numbers.
Profile of Firm
Provide a brief description about the firm and its areas of expertise as they regard to
this RFP.
Proposer Qualifications
Describe the experience and success of the firm and key personnel proposed for the
Dubuque project, in performing similar projects.
Include at least 3 client references (including individuals contact names and telephone
numbers) from similar projects that have been completed in the last seven (7) years.
Scope of Services
Describe the means or strategy by which the vendor would satisfy the Scope of
Services. The Proposer, at their option, may submit as second alternative scope or
hybrid strategy and schedule along with a separately submitted budget that they feel
would better meet the needs of the project. If a Proposer chooses to submit a second
alternative scope, they should describe what process and outcomes would make the
project better.
The Consultant should indicate in the submitted proposal any aspects that might be
required to be completed by City staff.
Proposed Project Schedule
Provide a project schedule outlining the time period and estimated completion date of
the proposed scope of work.
Certificate of Insurance
The selected firm will be required to meet the City's insurance requirements for vendor
services. (See attached Insurance Schedule D.)
Understanding of Final Contract Terms
The Proposer should provide a statement that indicates they have read and understand
Appendix C — "City of Dubuque Contract Terms and Conditions ", and agree to include
the clauses that are listed in Appendix C in the final signed contract. Any exceptions to
the Contract Terms and Conditions by the Consultant must be clearly stated in the
submitted Proposal.
Page 7 of 24
Fees and Compensation
Provide a proposed fixed cost, plus reimbursable expenses budget for each strategy
proposed to complete the requested scope of services. Breakdown costs by major
scope element and also include a list of hourly rates for personnel assigned to the
project.
Quotation of fees and compensation shall remain firm for a period of at least 45 days
from the RFP submission deadline.
Please separate the proposed budget(s) from the other portion of the RFP submittal.
Initial screening will be done without knowing the vendor's proposed fee for services.
7.0 PROPOSAL QUESTIONS AND ANSWERS
If you have any questions concerning this proposal, or other technical questions, please
submit your requests to the City's designated Project Manager. The City has used
considerable efforts to ensure an accurate representation of information in this RFP.
Each Proposer is urged to conduct its own investigations into the material facts
provided.
No answers given in response to questions submitted shall be binding upon this RFP
unless released in writing (letter, fax or email) as an officially numbered and titled
addendum to the RFP by the City of Dubuque.
Any questions concerning this proposal must be received on or before 2:00 p.m. CDT
on March 29, 2013. Any inquiries received after this date will not be answered. When
submitting a question to the Project Manager, please include the appropriate Vendor
contact information.
From the date of issuance of the RFP until final City action, the Proposer shall not
discuss the RFP with or contact any other City of Dubuque staff or any of the Selection
Committee members except as expressly authorized by the City representative
identified in this section (Section 7.0) for this proposal. Violation of this restriction will be
considered a violation of the rules and be grounds for disqualification of the Proposer's
proposal.
Project Manager contact information is as follows:
Steven Sampson Brown.
City of Dubuque
Engineering Department
50 West 13th Street
Dubuque, IA 52001
Phone 563.589.4270
E -mail: sbrown @cityofdubuque.org
Page 8 of 24
8.0 EXAMINATION AND RETENTION OF VENDOR'S RECORDS
The Consent Decree provides that until five years after the termination of the Consent
Decree, the City shall retain, and shall instruct its contractors and agents to preserve, all
non - identical copies of all documents, reports, data, records, or other information
(including documents, records, or other information in electronic form) in its or its
contractors' or agents' possession or control, or that come into its or its contractors' or
agents' possession or control, and that relate in any manner to the City's performance of
its obligations under this Consent Decree, including any underlying research and
analytical data. This information - retention requirement shall apply regardless of any
contrary City, corporate or institutional policies or procedures. At any time during this
information - retention period, upon request by the United States or the State, the City
shall provide copies of any documents, reports, analytical data, or other information
required to be maintained under the Consent Decree. At the conclusion of the
information - retention period, the City shall notify the United States and the State at least
ninety (90) Days prior to the destruction of any documents, records, or other information
subject to such requirements and, upon request by the United States or the State, the
City shall deliver any such documents, records, or other information to the EPA or
IDNR.
9.0 SUBMISSION REQUIREMENTS
Before submitting a proposal, each Consultant shall make all investigations and
examinations necessary to ascertain site conditions and requirements affecting the full
performance of the contract and to verify any representations made by the City upon
which the Proposer will rely.
PROPOSAL SUBMITTAL INFORMATION
• Submittal Deadline: April 3, 2013 on or before 2:00 p.m. CST
• Submittal Location:
• Submittal Contact &
Mailing Address:
City of Dubuque
Engineering Department
50 West 13th Street
Dubuque, IA 52001 -4864
City Engineer
City of Dubuque Engineering
50 West 13th Street
Dubuque, IA 52001 -4864
• Submittal Copies: Three (3) sets of the proposal shall be provided.
Submit one (1) original signed proposal and two (2) copies all labeled Water &
Resource Recovery Center Energy Management Consulting.
Page 9 of 24
Submitted proposals must be delivered in printed format with the exclusion of the one
required pdf version. The pdf version shall be submitted on a compact disk along with
the proposal hardcopies. No faxed or e-mail proposals will be accepted. The proposal
must be a document of not more than twelve (12) numbered 8 -112 x 11 -inch pages, with
the exception of the project schedule which may be presented in 11 x 17 -inch format,
and not including the letter of transmittal, index, dividers and the front and back covers,
and the submitted certification documents in shown in Appendix E. Proposals should
not include any pre - printed or promotional materials. Any proposals exceeding 12
numbered pages will not be considered.
Each addendum shall be acknowledged in the Letter of Transmittal by providing the
addendum number and title. Failure to acknowledge each addendum will be considered
grounds for possible disqualification. It is solely the Consultant's responsibility to
ensure that all addendums to this RFP have been received before submitting the
proposal.
The original proposal document shall be signed in blue ink by an officer of the Firm who
is authorized to legally bind the Consultant to the provisions in its proposal. Proposals
are to contain a statement indicating the period during which the proposal will remain
valid. A period of not less than forty five (45) calendar days from the proposal closing
date is required. Failure to comply with the above requirements shall be considered
grounds for possible disqualification.
Each Vendor assumes full responsibility for delivery and deposit of the completed
proposal package on or before the deadline. Any proposals received after the submittal
deadline will not be considered, and will be returned unopened to the Proposer. The
City of Dubuque is not responsible for any loss or delay with respect to delivery of the
proposals.
The City of Dubuque is not liable for any costs incurred by any Vendor prior to the
execution of an agreement or contract, nor shall the City of Dubuque be liable for any
costs incurred by Firms that are not specified in any contract. All results from this
project will remain the property of the City of Dubuque.
Upon receiving this RFP, we request that you complete the "Receipt of Proposal
Acknowledgement" — "No Response Reply" information contained on the first page of
this document and return it to the City's Project Manager by regular mail or email so the
City can ensure that each Consultant has received this Request for Proposal.
The City of Dubuque appreciates your time and consideration of this RFP.
Sincerely,
Steven Sampson Brown
Page 10 of 24
Project Manager
City of Dubuque
Page 11 of 24
Water & Resource Recovery Center
Energy Management Consulting
City of Dubuque, Iowa
THE CITY OF
DUB
Masterpiece on the Mississippi
Consultant Professional Services
Request for Proposal
March 19, 2013
Appendix A
Consultant Evaluation and Selection Process
Page 12 of 24
INITIAL EVALUATION CRITERIA
Proposals will be screened to ensure that they meet the minimum requirements of the
proposal format. A selection committee of City of Dubuque personnel will review
qualifying proposals and select firms for placement on the vendor short -list for the
project. The following criteria are among those that will be used to initially evaluate
submitted proposals.
1. A high level of professional competence and a proven track record in the photo
documenting construction projects or similar:
a. Qualifications and experience of the firm and any sub - consultants.
b. Demonstration of professional and technical expertise, and experience of
the key vendor staff and sub - consulting staff that will work on the project.
c. If a joint venture, the track records of team members' experience working
together.
d. Experience of the vendor working on municipal projects.
e. Experience of the vendor working on municipal projects in Iowa.
2. Quality and completeness of the written proposal. The proposal should clearly
demonstrate understanding of the City's overall objectives for the construction
camera documentation services.
3. Approach /methodology in completing scope of service such as:
a. Grasp of project requirements, level of interest and knowledge of the
project site.
b. Creativity and problem solving ability.
c. Ability of vendor team to demonstrate initiative and motivation.
CONSULTANT SHORT -LIST EVALUATION CRITERIA
A selection committee may choose not to interview, or to interview one or all of the
short- listed Firms. Both the original submitted proposal and the results of any Vendor
interviews will be used to select the final Vendor for the project. The following criteria in
order of their relative importance (most is first, least is last) will be used to evaluate
Vendors on the short -list.
1. A high level of professional competence and a proven track record in the photo
documenting construction projects or similar:
a. Qualifications and experience of the firm and any sub - consultants.
b. Demonstration of professional and technical expertise, and experience of
the key vendor staff and sub - consulting staff that will work on the project.
c. If a joint venture, the track records of team members' experience working
together.
d. Experience of the vendor working on municipal projects.
e. Experience of the vendor working on municipal projects in Iowa.
Page 13 of 24
f. Overall success of past projects completed for the City of Dubuque.
2. Quality and completeness of the written proposal. The proposal should clearly
demonstrate understanding of the City's overall objectives in the in the photo
documenting construction projects.
3. Design approach /methodology in completing scope of service such as:
a. Grasp of project requirements, level of interest and knowledge of the
project site.
b. Creativity and problem solving ability.
c. Ability of the vendor team to demonstrate initiative, motivation
4. Responsiveness and compatibility between vendor and City:
a. General attitude and ability to communicate.
b. Ability of the Consultant to maintain a high level of direct interaction and
communication with City officials.
c. Ability to listen, be flexible, and follow and /or implement direction and /or
ideas or concepts.
d. How the Consultant team interacts with the general public, City staff, and
public officials.
5. Cost of photo documenting construction the WPCP project for the City of
Dubuque in relationship to the services offered.
6. Review of direct and indirect references of work product. The City may utilize
site visits or may request additional material, information, presentations from the
Proposer(s) submitting the proposals.
SELECTED VENDOR FEE NEGOTIATION PROCESS
Upon the successful completion of the Consultant review process, the RFP Selection
Committee will recommend to the City Manager or City Council, the awarding of a
contract to the highest ranked Consultant based a "best value" basis. Evaluation factors
that are most important to the City are quality of proposed personnel, experience
performing similar scopes of work and length of delivery schedule. The Selection
Committee will also request authority to negotiate with the recommended Consultant a
final scope of work and fee structure for the project.
After the City Council grants authority to negotiate a final scope of work and execute a
contract for the project, the vendor shall submit a formal work plan (WP) to the City.
The submitted WP, at a minimum, shall include those components outlined in the scope
of the RFP. Each major task of the WP shall have a defined cost and schedule. The
Page 14 of 24
vendor shall indicate in the WP all work tasks that are expected to be completed by City
staff.
Once the selected Consultant has prepared the WP, the final scope of work for the
project will be negotiated with the City by joint revision to the WP in order to best meet
the goals of the project while considering available funding. During the negotiation
process, tasks to be completed by City staff, work reassignment to different project
team members, and the addition or elimination of tasks may be modified on the WP in
order to achieve the best overall results for project. The selected vendor shall be
responsible for updating and revising the final WP. When the final scope has been
determined, a fee negotiated and the WP has been finalized, the vendor shall
incorporate the WP into the contract documents being prepared for signature.
If a contract satisfactory and advantageous to the City can be negotiated at a price
considered fair and reasonable, the award shall be made to that offerer. Otherwise,
negotiations with the offerer ranked first shall be formally terminated and negotiations
commenced with the Consultant ranked second, and so on until a contract can be
negotiated that is acceptable to the City.
Upon the successful completion of contract negotiations, the selection committee shall
recommend that the City Manager execute a contract with the successful Consultant.
The City Manager will in turn make a decision to execute the contract or request the
Dubuque City Council make a final determination to award and execute the contract
with a Consultant.
Payment for Work: The Consultant awarded the contract shall have payment invoices
processed once monthly. The invoiced amount shall be based on the Earned Value of
the percent work completed as reported on the most recently updated and submitted
WBS.
Page 15 of 24
Water & Resource Recovery Center
Energy Management Consulting
City of Dubuque, Iowa
THE CITY OF
DUB
Masterpiece on the Mississippi
Consultant Professional Services
Request for Proposal
March 19, 2013
Appendix B
RFP Rules and Protest Procedure
Page 16 of 24
MINOR IRREGULARITIES
The City reserves the right to waive minor irregularities in submitted proposals,
providing such action is in the best interest of the City. Minor irregularities are defined
as those that have no adverse effect on the City's best interests, and will not affect the
outcome of the selection process by giving the Proposer an advantage or benefit not
enjoyed by other Proposers.
EXCEPTIONS
Proposer exceptions to any part of the requirements stated in this request must be
clearly identified as exceptions and noted in the transmittal letter and in the submitted
budget.
RANKING OF THE PROPOSALS
No debriefings or scoring information shall be released before the City Council has
recommended that a contract be negotiated with the recommended firm. However,
after the City Council has given authorization to negotiate a contract, all contents of the
selected proposal shall become public information.
DEFINITIONS
The City has established for the purposes of this RFP that the words "shall ", "must ", or
"will" are equivalent in this RFP and indicate a mandatory requirement or condition, the
material deviation from which shall not be waived by the City. A deviation is material if,
in the City's sole discretion, the deficient response in not in substantial accord with this
RFP's mandatory conditions requirements.
The words "should" or "may" are equivalent in this RFP and indicate very desirable
conditions, or requirements but are permissive in nature. Deviation from, or omission
of, such a desirable condition or requirement will not in and of itself cause automatic
rejection of a proposal, but may result in being considered as not in the best interest of
the City.
DISPUTES /EXCEPTIONS
Any prospective Proposer who disputes the reasonableness or appropriateness of any
item within this RFP document, any addendum to this RFP document, notice of award
or notice of rejection shall set forth the specific reason and facts concerning the dispute,
in writing, within five (5) business days of the receipt of the proposal document or
notification. The written dispute shall be sent via certified mail or delivered in person to
the point of contract set forth in Section 7.0, who shall review the written dispute and
work with the City Manager to render a decision which shall be considered final.
Page 17 of 24
Water & Resource Recovery Center
Energy Management Consulting
City of Dubuque, Iowa
THE CITY OF
DUB
Masterpiece on the Mississippi
Consultant Professional Services
Request for Proposal
March 19, 2013
Appendix C
City of Dubuque Contract Terms and Conditions
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TERMS AND CONDITIONS
The following clauses shall be included in the final signed contract:
1. CONSULTANT'S ENDORSEMENT ON PLANS.
The Consultant shall endorse the completed computations prepared under this
Agreement, and shall affix thereto the seal of a licensed professional engineer, or
licensed professional architect, licensed to practice in the State of Iowa, in accordance
with the current Code of Iowa.
2. CHANGE IN SCOPE OF SERVICES.
No change in scope shall be permitted during this project without the prior written
agreement of both parties and the WBS being updated.
3. SUBSTITUTION OF PROJECT TEAM MEMBERS.
The Project Manager, partners, management, other supervisory staff and technical
specialists proposed for the project may be changed if those personnel leave the
Consultant. These personnel may also be changed for other reasons however, in
either case, the City retains the right to approve or reject the replacements and no
replacements shall begin working on the project without the express, prior written
permission of the City of Dubuque.
4. INSURANCE.
Consultant shall at all times during the performance of this Agreement provide
insurance as required by the attached Insurance Schedule.
5. INDEMNIFICATION.
To the fullest extent permitted by law, Consultant shall indemnify and hold harmless
the City from and against all claims, damages, losses and expenses, including but not
limited to attorneys' fees, arising out of or resulting from performance of the Contract,
provided that such claim, damages, loss or expense is attributable to bodily injury,
sickness, disease or death, or injury to or destruction of property including loss of use
resulting therefrom, but only to the extent caused in whole or in part by negligent acts or
omissions of the Consultant, Consultant's subcontractor, or anyone directly or
indirectly employed by Consultant or Consultant subcontractor or anyone for whose
acts Consultant or Consultant's subcontractor may be liable, regardless of whether or
not such claim, damage, loss or expense is caused in part by a party indemnified
hereunder.
6. TERMINATION.
City may terminate this agreement, with or without cause, upon providing 14 days
written notice to the Consultant.
7. ERRORS & OMISSIONS.
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In the event that the work product prepared by the Consultant is found to be in error
and revision or reworking the work product is necessary, the Consultant agrees that it
shall do such revisions without expense to the City, even though final payment may
have been received. The Consultant must give immediate attention to these changes
so there will be a minimum of delay during construction. The above and foregoing is not
to be constructed as a limitation of the City's right to seek recovery of damages for
negligence on the part of the Consultant herein.
8. OWNERSHIP OF ENGINEERING DOCUMENTS.
All sketches, tracings, plans, specifications, reports on special studies and other data
prepared under this Agreement shall become the property of the City and shall be
delivered to the Project Manager upon completion of the plans or termination of the
services of the Consultant. There shall be no restriction or limitations on their future
use by the City, except any use on extensions of the project or on any other project
without written verification or adaptation by the Consultant for the specific purpose
intended will be the City's sole risk and without liability or legal exposure to the
Consultant.
The City acknowledges the Consultant's plans and specifications, including all
documents on electronic media, as instruments of professional service. Nevertheless,
the plans and specifications prepared under this Agreement shall become the property
of the City upon completion of the services and payment in full of all moneys due to the
Consultant.
The City and the Consultant agree that any electronic files prepared by either party
shall conform to the specifications listed in Attachment _ of the contract. Any change
to these specifications by either the City or the Consultant is subject to review and
acceptance by the other party. Additional efforts by the Consultant made necessary by
a change to the CADD software specifications shall be compensated for as Additional
Services.
The City is aware that significant differences may exist between the electronic files
delivered and the respective construction documents due to addenda, change orders or
other revisions. In the event of a conflict between the signed construction documents
prepared by the Consultant and electronic files, the signed construction documents
shall govern.
The City may reuse or make modifications to the plans and specifications, or electronic
files while agreeing to take responsibility for any claims arising from any modification or
unauthorized reuse of the plans and specifications.
9. SUBLETTING, ASSIGNMENT OR TRANSFER.
Subletting, assignment, or transfer of all or part of the interest of the Consultant in this
Agreement is prohibited unless written consent is obtained from the Engineer and
approved by the City.
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Water & Resource Recovery Center
Energy Management Consulting
City of Dubuque, Iowa
Masterpiece on the Mississippi
Consultant Professional Services
Request for Proposal
March 19, 2013
Appendix D
Insurance Requirements
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City of Dubuque Insurance Requirements for Tenants and Lessees of
City Property or Vendors (Suppliers, Service Providers)
1.
Insurance Schedule A
shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the
coverage required in Exhibit I prior to contract inception and at the end of the contract if the term of
contract is longer than 60 days. Each Certificate shall be prepared on the most current ACORD form
approved by the Iowa Department of Insurance or an equivalent.
2. All policies of insurance required hereunder shall be with a carrier authorized to do business in Iowa and
all carriers shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each Certificate shall be furnished to the contracting department of the City of Dubuque.
4. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of
Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of
this agreement.
5. All required endorsements to various policies shall be attached to Certificate of insurance.
6. Whenever a specific 150 form is listed, an equivalent form may be substituted subject to the provider
identifying and listing in writing all deviations and exclusions that differ from the 150 form.
7. Provider shall be required to carry the minimum coverage /limits, or greater if required by law or other
legal agreement, in Exhibit I.
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Insurance Schedule A (continued)
Exhibit 1
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products - Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $ 50,000
Medical Payments $ 5,000
a) Coverage shall be written on an occurrence, not claims made, form. All deviations from the
standard I50 commercial general liability form CG 0001, or Business owners form BP 0002,
shall be clearly identified.
b) Include I50 endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit."
c) Include endorsement indicating that coverage is primary and non - contributory.
d) Include endorsement to preserve Governmental Immunity. (Sample attached).
e) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its employees
and volunteers, all its boards, commissions and /or authorities and their board members,
employees and volunteers.
using I50 form CG 20 10. Ongoing operations.
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Coverage A
Coverage B
Statutory —State of Iowa
Employers Liability
Each Accident $100,000
Each Employee- Disease $100,000
Policy Limit - Disease $500,000
a) Policy shall include an endorsement providing a waiver of subrogation to the City of
Dubuque.
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Preservation of Governmental Immunities Endorsement
1. Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and
states that the purchase of this policy and the including of the City of Dubuque, Iowa
as an Additional Insured does not waive any of the defenses of governmental
immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4
as it is now exists and as it may be amended from time to time.
2. Claims Coverage. The insurance carrier further agrees that this policy of insurance
shall cover only those claims not subject to the defense of governmental immunity
under the Code of Iowa Section 670.4 as it now exists and as it may be amended
from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be
covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible
for asserting any defense of governmental immunity, and may do so at any time and
shall do so upon the timely written request of the insurance carrier.
4. Non - Denial of Coverage. The insurance carrier shall not deny coverage under this
policy and the insurance carrier shall not deny any of the rights and benefits
accruing to the City of Dubuque, Iowa under this policy for reasons of governmental
immunity unless and until a court of competent jurisdiction has ruled in favor of the
defense(s) of governmental immunity asserted by the City of Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall
not otherwise change or alter the coverage available under the policy.
SPECIMEN
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