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RFP_W&RRC Energy Management ConsultingMasterpiece on the Mississippi Dubuque kital All- America City II 111! 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 It IAA All -Ame ica City 1 a 2007 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 Page 18 of 24 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. Page 19 of 24 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. Page 20 of 24 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 Page 21 of 24 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. Page 22 of 24 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. Page 23 of 24 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 Page 24 of 24