HomeMy WebLinkAbout2013-184 RESOLUTION NO. 2013-184
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING AND DIRECTING THE CITY MANAGER TO
3 ISSUE A REQUEST FOR PROPOSAL FOR UTILITY AUDIT SERVICES.
4
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
5 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized
7
and directed to issue on behalf of said City a Request for Proposal for Utility Audit
8
9 Services, a copy of which is attached hereto as Exhibit"A."
10 SECTION 2. The authorization granted hereunder shall expire and be void and of no
11 further effect if the Request for Proposal for Utility Audit Services is not issued within sixty
12 (60) days following the effective date of the Resolution.
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2013-184
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ISSUE A REQUEST FOR PROPOSAL FOR UTILITY AUDIT SERVICES.
3
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5 and Common Council of the City of San Bernardino at a j oint regular meeting
6
thereof, held on the 17th day of June , 2013, by the following vote,to wit:
7
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ x
10 JENKINS X
11 VALDIVIA x
12
SHORETT X
13
14 KELLEY x
15 JOHNSON x
16 MCCAMMACK x
17
18
George./ Hanna, ity Clerk
19
20 The foregoing Resolution is hereby approved this T�* day of j„,,, , 2013.
21
-
22 Pat c J. Morn , yor
1 y of San Bernardino
23
24 Approved as to form:
JAMES F. PENMAN,
25 City •ttorney
26
By: I ,
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28
2013-184
RFP F-14-03
Utility Audit- Cost Recovery/Cost Containment
,-` 44', 1
414
CITY OF 6'6
San Bernar quo
SM
, 2013
SUBJECT: REQUEST FOR PROPOSALS (RFP) F-13-03
The City of San Bernardino (City) invites Proposals from qualified vendors for:
Utility Audit-Cost Recovery/Cost Containment
Parties interested in obtaining a complete copy of this RFP F-14-03 may do so by accessing the City of
San Bernardino Web Page at www.sbcitv.orq City Services > Request for Bids > City Finance,
beginning , or by faxing their request to (909) 384-5330, attention Vanessa Sanchez.
Please include the following information in your request: name and address of firm; name, telephone and
facsimile number of contact person; specify RFP F-14-03.
Copies of the RFP may also be obtained by calling Vanessa at (909) 384-5330, or in person at City Hall,
300 N. "D" St., 4th floor Finance Department San Bernardino, CA 92418.
From the issuance date of this Request for Proposal until a Vendor is selected and the selection is
announced, Proposers are not permitted to communicate with any City staff or officials regarding this
procurement, other than during interviews, demonstrations, and/or site visits, except at the direction of
Vanessa Sanchez, Accounting Assistant, the designated representative of the City of San Bernardino.
Contact with anyone not designated will result in elimination from the bid process.
Closing Date: Proposals must be submitted at or before 3:00 PM, PST, , 2013, at the address
listed above.
Issuance of this RFP and/or receipt of Proposals does not commit the City to award a contract.
Sincerely,
Vanessa Sanchez
Accounting Assistant
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2013-184
RFP F-14-03
Utility Audit-Cost Recovery/Cost Containment
SECTION I.
INSTRUCTIONS TO OFFEROR(S)
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2013-184
RFP F-14-03
Utility Audit- Cost Recovery/Cost Containment
City of San Bernardino, Finance Department
Purchasing Division
RFP F-14-03
Utility Audit- Cost Recovery/Cost Containment
Bid Documents to Be Returned
❑ Resume/ Corporate Information
❑ Education / Experience/Qualifications
❑ Three (3) References
❑ Cost Proposal and Time Estimates
❑ Affidavit of Non-Collusion
❑ Authorized Binding Signature(s)
❑ Verifications of Addenda Received (City Form) IV Forms
❑ Listing of Proposed Subcontractor, if applicable (City Form) IV Forms
❑ 120 Day Minimum Proposal Validity Statement III Additional Requirements, VI General
Specifications#4
❑ Insurance Certificates
❑ Copy of Contractor License or other appropriate Licenses where applicable VI
General Specifications#35
Offeror(s)are requested to submit this checklist completed with all bid documents. This list may
not be inclusive of all documents needed to submit your RFP. Please refer to
entire packet for additional documents.
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RFP F-14-03
Utility Audit- Cost Recovery/Cost Containment
I. GENERAL INSTRUCTIONS TO OFFEROR(S)
A. Notice
From the issuance date of this Request for Proposal until a Vendor is
selected and the selection is announced, Proposers are not permitted to
communicate with any City staff or officials regarding this procurement,
other than during interviews, demonstrations, and/or site visits, except at
the direction of Vanessa Sanchez, Accounting Assistant, the designated
representative of the City of San Bernardino. Contact with anyone not
designated will result in elimination from the bid process.
B. Examination of Proposal Documents
1. By submitting a proposal, the Offeror(s) represents that it has
thoroughly examined and become familiar with the items required
under this RFP and that it is capable of quality performance to
achieve the City's objectives.
2. The City reserves the right to remove from its mailing list for future
RFPs, for an undetermined period of time, the name of any
Offeror(s) for failure to accept a contract, failure to respond to two
(2) consecutive RFPs and/or unsatisfactory performance. Please
note that a "No Proposal" is considered a response.
C. Addenda
Any City changes to the requirements will be made by written addendum
to this RFP. Any written addenda issued pertaining to this RFP shall be
incorporated into the terms and conditions of any resulting Purchase
Order. The City will not be bound to any modifications to or deviations
from the requirements set forth in this RFP as the result of oral instruction.
D. Clarifications
1. Examination of Documents
Should an Offeror(s) require clarifications of this RFP, the Offeror(s)
shall notify the City in writing in accordance with Section D.2 below.
Should it be found that the point in question is not clearly and fully
set forth; the City will issue a written addendum clarifying the matter
which will be sent to all persons who have requested the RFP.
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2013-184
RFP F-14-03
Utility Audit- Cost Recovery/Cost Containment
2. Submitting Requests
a. All questions, clarifications or comments shall be put in
writing and must be received by the City no later than 3:00
PM, , 2013 and be addressed as follows:
City of San Bernardino
300 North "D" Street
4th floor, Attn: Vanessa Sanchez
San Bernardino, CA 92418
b. The exterior envelope or email Subject line of all requests for
clarifications, questions and comments must be clearly
labeled, "Not an Offer." The City is not responsible for
failure to respond to a request that has not been labeled as
such.
The City will also accept questions sent by facsimile
machines or email, however, all faxed or emailed questions
must be received by the City no later than 3:00 PM, PST,
, 2013. Send facsimile transmissions to (909) 384-
5043, attention Vanessa Sanchez, and emails to:
sanchez va(a�sbcity.org
c. Inquiries received after 3:00 PM , 2013 will not be
accepted.
3. City Responses
Responses from the City will be communicated in writing to all
recipients of this RFP, by a posting to our website, www.sbcity.org by
the close of business , 2013.
For automatic electronic notifications, please visit our Homepage
and register for SB Connect. If you are not registered for SB
Connect, you may view or download any Addenda at
www.sbcity.org > City Hall > Finance > Request for Bids.
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Utility Audit- Cost Recovery/Cost Containment
E. Submission of Proposals
1. Date and Time
All Proposals are to be submitted to City of San Bernardino,
Attention: Vanessa Sanchez. Proposals received after 3:00 PM
PST, , 2013, will be rejected by the City as non-responsive.
2. Address
Proposals shall be addressed as follows:
City of San Bernardino
300 North D Street
Finance Department—4th Floor
Attn: Vanessa Sanchez
San Bernardino, CA 92418
Proposals may be delivered in person to the Finance Department,
4th floor of the above address.
3. Identification of Proposals
Offeror(s) shall submit a SEALED proposal package consisting of:
(a) One (1) signed original of Proposal
(b) Two (2) copies of Proposal
The proposal package shall be addressed as shown above, bearing
the Offeror(s) name and address and clearly marked on the outside
of the envelop as follows:
RFP F-14-03
Utility Audit- Cost Recovery/Cost Containment
4. Acceptance of Proposals
a. The City reserves the right to accept or reject any and all
Proposals, or any item or part thereof, or to waive any
informalities or irregularities in proposals.
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RFP F-14-03
Utility Audit-Cost Recovery/Cost Containment
b. The City reserves the right to withdraw this RFP at any time
without prior notice and the City makes no representations
that any contract will be awarded to any Offeror(s)
responding to this RFP.
c. The City reserves the right to postpone proposal opening for
its own convenience.
d. Faxed or emailed proposals will not be accepted.
F. Pre-Contractual Expenses
Pre-contractual expenses are defined as expenses incurred by the
Offeror(s) in:
1. preparing its proposal in response to this RFP;
2. submitting that proposal to City;
3. negotiating with City any matter related to this proposal; or
4. any other expenses incurred by the Offeror(s) prior to date of
award, if any, of the Agreement.
The City shall not, in any event, be liable for any pre-contractual expenses
incurred by Offeror(s) in the preparation of its proposal. Offeror(s) shall not
include any such expenses as part of its proposal.
G. Contract Award
Issuance of this RFP and receipt of Proposals does not commit the City to
award a Purchase Order. The City reserves the right to postpone proposal
opening for its own convenience, to accept or reject any or all Proposals
received in response to this RFP, and to negotiate with other than the
selected Offeror(s) should negotiations with the selected Offeror(s) be
terminated. The City also reserves the right to apportion the award
among two or more OFFEROR(S).
A signed Vendor (Contractor) / Consultant Service Agreement (VSA/CSA),
along with a pre-performance meeting, outlining additional terms and
conditions relating to performance, warranty, materials, goods, services, or
other items as deemed necessary by the City, may be required prior to the
commencement of the job.
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• RFP F-14-03
Utility Audit- Cost Recovery/Cost Containment
H. Acceptance of Order
The successful Offeror(s) will be required to accept a Purchase Order in
accordance with and including as a part thereof the published Request for
Proposals, and the RFP documents including all requirements, conditions
and specifications contained therein, with no exceptions other than those
specifically listed in the written purchase order.
I. Business License
The City's Business Ordinance requires that a Business doing business
with the City, obtain and maintain a valid City Business Registration
Certificate during the terms of the Agreement. Bidder agrees to obtain
such Certificate prior to undertaking any work under this Agreement.
J Local Vendor Preference
The City of San Bernardino gives any formal or informal bid submitted by a
local bidder a one percent (1%) credit for goods and materials, where labor
and/or installation is incidental; and a five percent (5%) credit on
Contractual services, for comparison purposes with other bidders, as
authorized in the San Bernardino Municipal Code Section 3.04.125, and
Executive Order 2003-1, respectively.
For the purposes of this section, "local bidders" shall be bidders for which
the point of sale of the goods, materials, or services shall be within the City
limits of San Bernardino.
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RFP F-14-03
Utility Audit- Cost Recovery/Cost Containment
SECTION II.
SCOPE OF SERVICES
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2013-184
RFP F-14-03
Utility Audit-Cost Recovery/Cost Containment
EXHIBIT A
SCOPE OF SERVICES
Utility Audit - COST RECOVERY/COST CONTAINMENT,
Introduction:
To provide City (`City)with Cost Recovery and Reduction Services for the
purposes of obtaining refunds and identifying cost reductions in the usage and
consumption of all forms of Utility services through audits of Utility invoices
identified by City
Description of work:
City has contracts with Energy Utilities Suppliers for the supply of the following
"energy types":
1. Electricity
2. Gas
3. Water and Sewer
City spends millions of dollars every year for energy. With every passing year
energy is costing more and more. As a consequence, City has concluded that it
needs the services of a Consultant with expertise in energy audit cost reduction
techniques, to assist City in reducing its energy costs, including through the
recovery of past overpayments, correction of existing incorrect billing rates (when
compared with levels of energy usage), and/or reducing future energy costs by
selecting alternate energy vendors and/or by optimizing pricing rates.
The Utility Audit program, as envisioned in the scope of work consists of at least
the following two types of services:
Past Cost Recovery Services: Consisting of the examination of the bills of
existing energy suppliers to identify errors, submit claims and obtain refunds.
Future Cost Containment/Reduction Services: Consisting of performing a
comprehensive comparative analysis of rate plans
alternate sources.
d/ r providers for those
energy services that can be purchased from pl
Services to be provided:
(a) Utility Bills. Consultant shall provide Cost Recovery & Cost Containment
Services for designated energy utility service accounts on behalf of the City.
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RFP F-14-03
Utility Audit- Cost Recovery/Cost Containment
(b) Inclusion of Other Accounts & Programs. Consultant (that is, Contractor) shall
provide Cost Recovery & Cost Containment Services for designated energy
service accounts as specified in (a) above. However, this Contract may be
amended to include additional accounts at City's sole discretion, with or without
cause, and without the prior consent of Contractor, upon City's prior written
notice to Contractor or upon mutual agreement of the Parties. The addition of any
and all other City accounts may be initiated by City or Contractor.
(c) Description of Services: Providing Cost Recovery & Cost Containment
Services for designated energy Utility accounts on behalf of City as specified
above in (a) and (b), unless specifically excluded or provided otherwise in this
Contract.
(d) Exclusive Non-exclusive Contract. City will issue a single contract award
for these services. Contractor acknowledges and agrees that this Contract is a
non-exclusive contract. Contractor further acknowledges and agrees that,
pursuant to basic contract law, City ha
including ng Cost Recovery/Cost Containment
contract with any vendor for services
Services. Contractor further acknowledges and agrees that this Contract would
be non-exclusive and understands that other vendors may, at City's sole
discretion, be providing Cost Recovery/Cost Containment Services on behalf of
City during the term of this Contract or any period of renewal or extension.
Contractor hereby releases and holds City harmless from any and all claims
and/or liabilities arising from the non-exclusiveness of this Contract.
(e) Non-Assignable Contract. This Contract is non-assignable by Contractor,
unless Contractor obtains the prior written consent and approval of City.
City's Obligations:
(a) Energy Utility Accounts. City will provide Contractor with a list of open energy
utility service accounts. The accounts that are selected to be included in this
program will be determined at the sole discretion of City.
(b) Information Supplied by City. City will provide to Contractor the following
information:
List of Locations: Provide a list of locations, (including areas without buildings,
such as recreational areas or parking lots) with utility account numbers and
service address. The following information: description of facility use (i.e. Office,
Warehouse, etc.), exact street address, type of heat, and square footage (if
known). Electric, gas, etc. (see list above of energy types) fuel bills for the past
month and a report for the last 12 months in hard copy or electronic image.
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RFP F-14-03
Utility Audit-Cost Recovery/Cost Containment
CONTRACTOR'S Obligations:
(a) Contractor shall contact energy utilities, on City's behalf, and seek reductions
on previously paid bills and attempt to restructure service plans for maximum
cost savings to City.
(b) Contractor acknowledges that all information supplied by City shall be kept
confidential. Contractor, its subcontractors, employees,han or agent shall not
disclose such information to any third parties other
subcontractors, employees, or agents on a need-to-know basis for the purpose of
es as rquired for providing contract performance and to ott a thir
halanot u'se anyenformat on, do umentsryo es
under this agreement. Contra
data provided by City for any proprietary purposes and shall not copy, sell,
exchange, disclose, or provide to others, or use any information, documents, or
data reasonably related to this Contract for its own proprietary interests.
(c) Contractor shall be fully responsile for the quality and
performed accuracy
in conjuncton
all Cost Recovery/Cost Contain men
with this Contract.
(d) Contractor shall perform all Cost Recovery/Cost Containment Services
required under this Contract in conformity with professional standards, and shall
provide qualified personnel (licensed, if applicable) to meet such standards.
(e) Ownership of City Data. Contractor acknowledges and agrees that all
information supplied by City to Contractor (hereinafter, "City Data") shall remain
the property of City. The City Data shall not be used by Contractor other than in
connection with providing the services pursuant to this Contract, disclosed, sold,
assigned, leased or otherwise provided to third parties by Contractor, or
commercially exploited by or on behalf of Contractor, its employees, officers,
agents, subcontractors, invitees, or assigns in any respect. Contractor shall not
delete or destroy any City Data or media on which City Data resides without prior
written authorization of City. At no cost to City, Contractor shall, upon request,
promptly return to City, in the format and on the media in use as of the date of
the request, any and all requested portion of any City Data it may possess or
control.
(f) It shall be Contractor's responsibility to ensure compatibility of City's data files
and transmittal medium to Contrto make City's computer osystembear
all costs, if necessary, for data conversion
compatible with that of Contractor's and any incidental costs related to the data
transfer. Contractor shall promptly inform City of any problems and/or issues with
any data conversion or transfer of City's data files.
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Utility Audit-Cost Recovery/Cost Containment
(g) Contractor is responsible for ensuring that all transmittals to City are
compatible with City's ability shall record
by Contractor at no cost, additional t
or otherwise defective data s replaced
otherwise, to City.
Payment for services:
There will be no up-front fees or any other charges to City. City plans to pay
for these consulting services as fees, which will be paid as a percentage of the
refunds and savings, identified by the consultant, and only after City actually
receives these refunds and savings and only for a period of time negotiated
between City and the Energy Consultant.
Billing Verification:
All Contractors' fee-for-service invoices submitted to City will be accompanied by
verifiable documentation from the energy suppliers that the correction/retroactive
refund/credit/recommendation has been accomplished and savings implemented.
A detailed explanation of savings for each invoice presented will clarify and
further corroborate the calculated savings.
Terms and Conditions of Payment for Service:
Fees will be paid based on the refunds and cost savings identified. The fees will
be a percent of the City s the lower the vlergcentage paid as feesnTheseefees will,be
the greater the savings percentage
against the cumulatively as follows:
1. Actual amount of all refunds obtained by Contractor; and
2. Verified cost reductions as reasonably estimated by Contractor, resulting
from the implementation of any item of cost savings recommended by
Contractor and accepted and implemented by City, for a period of time
agreed-to between the Contractor and City.
Term of Contract:
It will be a "share-in-savings" type of contract. The terms — percentage and for
how long - for sharing the savings achieved shall be negotiated.
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Utility Audit- Cost Recovery/Cost Containment
SECTION III.
ADDITIONAL FORMS
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Utility Audit- Cost Recovery/Cost Containment
Are there any other additional or incidental costs that will be required by your firm
in order to meet the requirements of the Proposal Specifications? Yes / No
(circle one). If you answered "Yes", please provide detail of said additional costs:
Please indicate any elements of the Proposal Specifications that cannot be met
by your firm.
Have you included in your proposal all informational items and forms as
requested? Yes / No . (circle one). If you answered "No", please explain:
This offer shall remain firm for 120 days from RFP close date.
Terms and conditions as set forth in this RFP apply to this proposal.
Cash discount allowable % days; unless otherwise stated, payment
terms are: Net thirty (30) days.
In signing this proposal, Offeror(s) warrants that all certifications and documents
requested herein are attached and properly completed and signed.
From time to time, the City may issue one or more addenda to this RFP. Below,
please indicate all Addenda to this RFP received by your firm, and the date said
Addenda was/were received.
Verification of Addenda Received
Addenda No: Received on:
Addenda No: Received on:
Addenda No: Received on:
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2013-184
RFP F-14-03
Utility Audit-Cost Recovery/Cost Containment
FIRM NAME:
ADDRESS:
Phone:
Email:
Fax:
Authorized Signature:
Print Name:
Title:
IF SUBMITTING A "NO PROPOSAL", PLEASE STATE REASON (S) BELOW:
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RFP F-14-03
Utility Audit-Cost Recovery/Cost Containment
NON-COLLUSION AFFIDAVIT
TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO
In accordance with Title 23, United States Code, Section 112, the undersigned
hereby states, under penalty of perjury:
That he/she has not, either directly or indirectly, entered into any agreement,
participated in any collusion, or otherwise taken action in restraint of free
competitive bidding in connection with RFP F-14-03.
Business Name
Business Address
Signature of bidder X
Place of Residence
Subscribed and sworn before me this day of , 20_.
Notary Public in and for the County of , State of California.
My commission expires , 20
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RFP F-14-03
Utility Audit-Cost Recovery/Cost Containment
SUBCONTRACTOR'S LIST
As required by California State Law��hoew will be the subcontractor on the will
job for
hereinafter state the subcontractor each particular trade or subdivision of the atos total bid and will state the firm
�rone-
half
of one percent of the General Contractor's
and principal location of the mill, shop, f h specf specifies than one
Contractor fails to specify a subcontractor, or
in
subcontractor for the same portion of work to be fully qualified to perfo m
excess of one-half of one percent, he agr ees that
that portion himself and that he shall perform that portion himself.
DIVISION OF
NAME OF FIRM OR LOCATION WORK OR CONTRACTOR CITY
TRADE
Print Name Signature of Bidder
Company Name:
Address:
REJECTION OF BIDS
to
The undersigned agrees that the City of informalities the
b dhor bids
reject any or all bids, and reserves the right to waive
not affected by law, if to do seems to best serve the public interest.
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RFP F-14-03
Utility Audit-Cost Recovery/Cost Containment
SECTION IV.
GENERAL EVALUATION CRITERIA
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Utility Audit-Cost Recovery/Cost Containment
IV. GENERAL EVALUATION CRITERIA
A. EVALUATION CRITERIA
1. Capabilities of Firm to Effectively Complete the Project
Requirements - 30%
Depth of Offeror(s) understanding of, and ability to manage City's
requirements; ability to meet task deadlines; utility of suggested
enhancements or technical innovations.
2. Qualifications of Firm/Related Experience - 35%
Experience in providing services similar to those requested herein;
experience working with public agencies; strength and stability of
the firm; strength, stability, experience and technical competence of
subcontractors; assessment by client references; qualifications of
project staff; key personnel's level of involvement in performing
related work; logic of project organization; adequacy of labor
commitment.
3. Reasonableness of Cost and Price - 25%
Reasonableness of the individual firm-fixed prices and
competitiveness of quoted prices with other proposals received;
adequacy of the data in support of figures quoted; basis on which
prices are quoted.
4. Completeness of Response - 5%
Completeness of response in accordance with RFP instructions;
exceptions to or deviations from the RFP requirements which the
Offeror(s) cannot or will not accommodate; other relevant factors
not considered elsewhere.
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Utility Audit-Cost Recovery/Cost Containment
5. Local Vendor Preference - 5%
As approved in Executive Order 2003-01--Offeror(s)'s which
possess a fixed office or distribution point with at least one owner or
employee located within the City of San Bernardino, and
possessing all valid and current permits, and licenses required to
transact such business, including, but not limited to a City Business
Registration Certificate shall receive a five percent (5%) preference.
[Unless contrary to Federal, Sworks or
projects), or( unless contracts
to
for the construction of public
the requirements mandated by the funding source for such
contractual services (such to the lowest aespons responsible Offerorr(s other
source which requires award
B. EVALUATION PROCEDURE
All proposals received as specified will be evaluated by City staff in
accordance with the above criteria. Additional sub-criteria beyond those
listed may be considered by the evaluators in applying the major criteria to
the proposals. During the evaluation period, the City may require an on-
site visit and/or tour of the Offeror(s)'s place of business. OFFEROR(S)
should be aware; however, that award may be made without vendor visits,
interviews, or further discussions.
C. AWARD
Depending on the dollar amounts of the offers received, City staff will
either select the vendor best meeting the above-specified criteria or
submit to City Council, for consideration and selection, the offer(s) judged
by staff to be the most competitive.
The City reserves the right to withdraw this RFP at any time without prior
notice and, furthermore, makes no representations that any contract(s) will
be awarded to any OFFEROR(S) responding to this RFP. The City
expressly reserves the right to postpone proposal opening for its own
convenience, to waive any informality or irregularity in the proposals
received, and to reject any and all proposals responding to this RFP
without indicating any reasons for such rejection.
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RFP F-14-03
Utility Audit- Cost Recovery/Cost Containment
The Cit also reserves the ri•ht to award its total re•uirement amon•
est
two or more OFFERORS as Cit staff may deem to a in
ncits bw th
Interests. In addition, negotiations may or may not be
OFFEROR(S); therefore, the proposal submitted should contain the
OFFEROR(S) most favorable terms and
conditions,, since the selecion
and award may be made without discussion
D. TIE PROPOSALS
If the final evaluation scores (after applying the local preference
allowance) result in a tie score, then the recommendation for award will be
given to the local vendor.
E. NOTIFICATION OF AWARD
OFFEROR(S) who submits a proposal in response to this RFP shall be
notified regarding the firm(s) who was awarded the agreement. Such
notification shall be made within a reasonable time after the date the
agreement is awarded.
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2013-184
RFP F-14-03
The Sale and/or the Expansion of City
Cell Towers Sites
SECTION V.
GENERAL SPECIFICATIONS
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RFP F-14-03
The Sale and/or the Expansion of City
Cell Towers Sites
V. GENERAL SPECIFICATIONS
1. Each proposal shall be in accordance with Request �s)Proposal (RF )
meet
RFP F-14-03. All specifications are minimum. Offeror(s)
exceed these specifications as written. Offeror(sfor each and every dev at on or
a
complete detailed itemization and explanation
variation from the RFP specifications and requirements.
ons and Coditional
tsPmay be
or
those that take exception to the RFP specifications
non-responsive and may be rejected. and
2. The City reserves the right to accept or reject any y and
re all Proposals This m yard a
contract to the Offeror(s) whom best meets City's
include waiver of minor irregularities discrepancies,
Purchase shall be on a best buy basis
specifications in appropriate circum stanc
after due consideration of all relevant service,cknowg evidentce of manufacturer's
workmanship, accessibility of parts and
responsibility and record, durability and known s and requirements.operational
an of all adses the best
suitability as well as conformity to City needs
interest of the City shall prevail in all contract awards.
3. The City of San Bernardino reserves the right to purchase more or less than the
quantities specified at unit prices propos a
4. Proposals shall be firm offers, subject to acceptance or rejection within 120 days
minimum of the opening thereof.
5. Regular dealer. No Offeror(s) shall be csubm ttled foe �proposal consadeeation.
manufacturer or dealer of such items All materials, workmanship and finish entering d into mustc�onfo m to thetcharacte ofnt
must be of the best of these respective kinds
the equipment and the service for which it is intended to be used and shall be
produced by use of the current manufacturing processes. "Seconds", factory rejects,
and substandard goods are not acceptable. of the proposed product
7. Each Offeror(s) shall submit with their proposal a copy
specifications, complete detailed drawings, and other descriptive matter in sufficient
detail to clearly describe the or shall defend any and part offered.suits and assume all liability
for any and all claims made against the City sf device or article forming a part of officials
or agents for the use of any patented process,
or any item furnished under the contract. ate of p
9. Each Offeror(s) must state in their proposal f the
the aranteed date ofdcontractdexecut orn by oduct
and/or services in number of calendar days
ractor
the City of San Bernardino, time is of the essence relative d shall del vertthetitemstat the
shall prosecute the work continuously and diligently an
earliest possible date following the award of the contract.
10. Each Offeror(s) shall list in their proposal all factory ma manufacturer's
rer' dandmeddealer's
warranty and/or guarantee coverage and shall submit
evidencing the same attached to the proposal.
24
2013-184
RFP F-14-03
The Sale and/or the Expansion of City
Cell Towers Sites
11. Successful Offeror(s) (Contractor) shall furnish and deliver to the City complete as
equipment as proposed and awarded, ready for installation and fully equipped
detailed in these specifications.
12. Price shall be quoted F.O.B. San Bernardino (all transportation
nsnclu
rapoion charges sales tax,
fully
prepaid), and shall include all discounts. Proposal
where applicable, (effective July 1, 2011) computed at the rate of 8%,this will
normally be shown as a separate line item on the price form.
ivery and
13. City shall make payment within thirty (30)Cdays of San Bernard no a ad(receipt of the
acceptance of the specified items by the City
Contractor's priced invoice. furnishing All "standard equipment" is included in any proposal. OFFEROR(S) g
Proposals under these specifications shall supply the items specifications,advertised as "standard"
equipment even if such items are not stipulated
otherwise clearly excepted in the proposal.
15. The items which the Offeror(s) proposes to regulations furnish
of City of the
respects with the appropriate safety regu
Federal Government and the State of California, whether such safety features and/or
items have been specifically outlined in these specifications or not. shall
1s. Contractor delivering equipment pursuant ons as set forth herein. If it is found that
guarantee that equipment meets specifications
delivered does not meet requirements of these specifications the
Contractor shall be required to correct the same at their own expense.
17. By submitting a proposal, each Offeror(s) agrees that in the event complete delivery
is not made within the time or times set forth pursuant to this specification, damage
will be sustained by the City, and that it is, and
which thelCit extremely and
difficult to, ascertain the actual damage w Y
by reason of such delay.
e to strikes,
18. In case the delivery of the items under this
is
delayed beyond
injunctions, government controls, or y reason
ty's
the control of the Contractor, the time for determined m ned neeach extended
nstance by mutual
sole discretion) by a number of days to be
written agreement between the Contractor and the Purchasing Division of the City of
San Bernardino. The City shall be submitted and received with the understanding that
19. Contract. Each proposal shall
acceptance by the City of San Bernardino of in
the City. Th s to shhall blind then
shall constitute a contract between the Contractor and
Contractor to furnish and deliver at the prices proposed and in complete accordance
with all provisions of RFP F-14-03. In most cases the basis of award will be the
City's standard purchase order that may or may not incorporate this solicitation by
reference.
25
2013-184
RFP F-14-03
The Sale and/or the Expansion of City
Cell Towers Sites
20. Prohibited interest. No member, officer, or employee of the City or
interestanyagenct or
the City during his tenure or for one year thereafter
hereto
indirect in this contract or the proceeds thereof. hofficeri or employee
covenant and agree that to their knowledg e no board member
of the City has any interest, whether cons,of the financial or other than
otherwise, in this transaction, or in the b us nes of
the City, and that if any such interest comes the
informationdwt be artwry
g to
time, a full and complete disclosure of all s C
the other party or parties, even if such interest would not be considered a conflict of
interest under Article 4(commencing with Section 1090) or ACode .tithe m acing
with Section 1120) of Division 4 of Title I of the S of
California.
21. One Document. These specifications, the Request for Proposal, RFP F-14-03, the
Contractor's proposal, any written agreement c s bfications and purchase
order and all documents referred to in the complete p e
order, and all written modifications of said documents o ddoculments shall be deemed to
one document. Anything called for in any one to complete the work
be required equally as if called for in all. Anything necessary
properly shall be performed by the contractor,ions shall be pead aslconstitutingta whole
contract or not. All sections of the specifications
not as an aggregation of individual parts, and whatever is specified in one
section shall be construed as applying to all sections.
22. The City of San Bernardino reserves the right to accept or reject any and all
Proposals.
23. Prompt payment. Each Offeror(s) may stipulate in their proposal a percentage
prompt payment discount to be taken by tworkiCity
n i days ofeece pt of City
mater al and
payment to the Contractor within ten (10) 9
approval of invoice. For the purpose of this provision, payment is deemed ent discounts
be
made on the date of mailing of the City check. NOTE: prompt payment
will only be used during proposal n vseint via fax to the case of ties.384-5043, or email:
24. Inquiries. Technical questions y e
d in
sanchez va(a�sbcity.orq. The answers to material questions will bee rovidewebsite.
writing by Addendum(s) to all potential Offeror(s) by a posting to
25. Proposal/Fee Schedules. No proposal will
contractor l unless l=ter�eand alleequeed
submitted on the pricing forms furnished by
forms are completed and included with proposal. Deliver all Proposals, SIGNED and
SEALED, to the Finance Department at 300 Street,RFP SPECIFICATION
San Bernardino, California 92418. CLEAR LY MARK THE
TITLE: Utility Audit- Cost Recovery/Cost Containment and RFP F-14-03 ON
THE OUTSIDE OF THE ENVELOPE.
26. Time. All Proposals must be received in the Purchasing place Proposals later than n 3:00
and PM, PST, , 2013, where at such time a p
by
publicly opened, examined and declared. Any f proposal
opening of Proposals. Any
Offeror(s) prior to the above scheduled time P
proposal received after that time and date specified shall NOT be considered.
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2013-184
RFP F-14-03
The Sale and/or the Expansion of City
Cell Towers Sites
27. The City of San Bernardino reserves the right at its
contractdss or to award one contract
contracts for each category, or to award multiple
for furnishing and delivering of all gContra�tor shall be requiredgorfurnish
28. Equipment. In the purchase of equipment,
one (1) OPERATORS MANUAL and one (1) PARTS MANUAL for all equipment
proposals.
29. In submitting a proposal to a public purchasing ill assign to the pu hasi g body all rights,
agrees that if the proposal is accepted,
tion 4 of the
title, and interest in and to all causes of action�itrmh{Act (Chapter 2eCCOmmenc'ng
Clayton Act (U.S.C. Sec 15) or under the Cartwright
with Section 16700 of Part 2 of Division 7 of the Business sn by the Offeror(s)Professions s Code),,
arising from purchases of goods, materials, or Y
the purchasing body pursuant to the proposal. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to the
Offeror(s).
30. Contractor shall indemnify, defend and hold City,
'ud officers,
nt or expense (including,agents
suit me
harmless from any claim, demand, liability, suit, judgment
to
without limitation, reasonable costs f defense)
except that such duty torelated
demnify,
Contractor's performance of this agreement,
defend and hold harmless shall not apply where injury to person or property is
and
caused by City's willful misconduct or sole r eogflin s officehn enforcing Agreement
expenses of the City Attorney and mem
on behalf of the City shall be considered as "attorney's fees" for the purposes of this
paragraph.
31. While not restricting or limiting the foregoing, during the term of this AgEe ea ent,nd
Contractor shall maintain in effect policies comprehensive 000000 combined single limit,
automobile liability insurance, in the amount of $1,000,000
and statutory worker's compensation coverage, and shall under copies
s of said policies
with the City's Risk Division prior to undertaking any work
policies shall name the City as an additional insured rinated or materially altered.- (10)
day notification to the City if said policies are - __ -__ • _
- - ------ -- - -
shall have a rating in Best's most recent insurance guide of "A" or
authority,
33. Written contract documents, fire agreement(s) by the
result from the RFP.
constitute the complete and for sharing the savings achieved shall
34. The term-percentage and for how long- 9
be negotiated. It will be a "share-in-savings" type of contract.
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2013-184
RFP F-14-03
The Sale and/or the Expansion of City
Cell Towers Sites
35. By submitting a proposal, Offeror(s)warrants that any and all licenses and/or
certifications required by law, statute, code or ordinance in performing under the
scope and specifications of this RFP are currently held by Offeror(s), and are valid
and in full force and effect. Copieseglnresonse Proposals lacking copies
legitimate proof of such licensure and
ertification shall be included in Off eror( )'s response.
proof of said licenses and/or certifications may be deemed non-
responsive and may be rejected.
36. Once the award has been made and prior to the commencement of the job, the
City's Municipal Code (M.C. 5.04.005) requires that a Business doing business with
the City, obtain and maintain a valid City Business Registration Certificate during the
term of the Agreement.
37. Vendor (Contractor)/ Consultant services agreement(s) (VSA/CSA). A signed
vendor/Consultant service agreement may be required between both parties prior to
commencement of the job.
28