HomeMy WebLinkAbout08.D- Finance 8.D
RESOLUTION (ID#2511) DOC ID: 2511
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Request for Proposal
From: David Cain M/CC Meeting Date: 06/17/2013
Prepared by: Veronica Martinez, (909) 384-
5242
Dept: Finance Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and
Directing the City Manager to Issue a Request for Proposal (RFP) for Utility Audit Services.
(#2511)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: Request for Bid Only
Account Description:
Balance as of: <<Insert Date>>
Balance after approval of this item: <<Insert Amount>>
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
None.
Background:
This RFP is designed to assist with cost recovery and utility service savings for the purposes of
obtaining refunds and identifying cost reductions in the usage and consumption of all forms of
utility services consumed by the City. Audits of utility invoices can provide essential
information on consumption, billing errors,rate errors and other factors related to utility cost
savings.
The City has contracts with several utility suppliers. These service costs are ongoing and require
monitoring and scrutinizing for cost containment. Consequently, the City has concluded the
need for utility cost audit services. This effort will focus on cost reduction techniques,to assist
the City in reducing its energy costs, including the recovery of past over payments, 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 this 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.
Updated: 6/6/2013 by Linda Sutherland $�
8.D
2511
Future Cost Containment/Reduction Services: Consisting of performing a comprehensive
comparative analysis of rate plans and/or providers for those energy services that can be
purchased from alternate sources.
City Attorney Review:
Supporting Documents:
reso 2511 (PDF)
RFP-14-03 Utility Audits (Exhibit"A") (DOC)
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Updated:6/6/2013 by Linda Sutherland Packet Pg. 844
RESOLUTION NO.
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
it
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and directed to issue on behalf of said City a Request for Proposal for Utility Audit r
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9 Services, a copy of which is attached hereto as Exhibit"A."
SECTION 2. The authorization granted hereunder shall expire and be void and of no
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11 further effect if the Request for Proposal for Utility Audit Services is not issued within sixty a
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12 (60) days following the effective date of the Resolution.
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AND DIRECTING THE CITY MANAGER TO
2
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 meeting
6 thereof,held on the day of ,2013,by the following vote,to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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9 MARQUEZ
10 JENKINS j
11 VALDIVIA a LL
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SHORETT N
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KELLEY
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15 JOHNSON
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16 MCCAMMACK
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18 Georgeann Hanna, City Clerk
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The foregoing Resolution is hereby approved this day of ,2013. y
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21 E
22 Patrick J. Morris,Mayor
City of San Bernardino a
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24 Approved as to form:
JAMES F. PENMAN,
25 City Attorney
26 By: G�- --.
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RFP F-14-03
Utility Audit- Cost Recovery/Cost Containment
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San Bernardino U)
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SUBJECT: REQUEST FOR PROPOSALS (RFP) F-14-03 =
The City of San Bernardino(City) invites Proposals from qualified vendors for: o
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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 N
San Bernardino Web Page at www.sbcity.org City Services > Request for Bids > City Finance, o
beginning or by faxing their request to (909) 384-5330, attention Vanessa Sanchez. o
Please include the following information in your request: name and address of firm; name, telephone and n-
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facsimile number of contact person; specify RFP F-14-03. ,o
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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. C CD
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. Q
2013, at the address
Closing Date: Proposals must be submitted at or before 3:00 PM, PST, s
listed above. W_
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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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RFP F-14-03
Utility Audit-Cost Recovery/Cost Containment
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SECTION I. a
INSTRUCTIONS TO OFFEROR(S)
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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
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Bid Documents to Be Returned
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❑ Resume/ Corporate Information
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❑ Education / Experience/Qualifications o
❑ Three (3) References U_
❑ Cost Proposal and Time Estimates N
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F-1 Affidavit of Non-Collusion °
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❑ Authorized Binding Signature(s)
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F] Verifications of Addenda Received (City Form) IV Forms Cr
F] Listing of Proposed Subcontractor, if applicable (City Form) IV Forms
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❑ 120 Day Minimum Proposal Validity Statement III Additional Requirements, VI General
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❑ Insurance Certificates
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'' ❑ Copy of Contractor License or other appropriate Licenses where applicable vl w
General Specifications#35 w
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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 M
entire packet for additional documents. 9
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RFP F-14-03
Utility Audit- Cost Recovery/Cost Containment
I. GENERAL INSTRUCTIONS TO OFFEROR(S)
A. Notice
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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 a
the direction of Vanessa Sanchez, Accounting Assistant, the designated r
representative of the City of San Bernardino. Contact with anyone not
designated will result in elimination from the bid process. o
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B. Examination of Proposal Documents U.
1. By submitting a proposal, the Offeror(s) represents that it has o
thoroughly examined and become familiar with the items required o
under this RFP and that it is capable of quality performance to a`
achieve the City's objectives. ,o
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2. The City reserves the right to remove from its mailing list for future
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RFPs, for an undetermined period of time, the name of any CD
Offeror(s) for failure to accept a contract, failure to respond to two
(2) consecutive RFPs and/or unsatisfactory performance. Please LO
note that a "No Proposal" is considered a response.
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C. Addenda
Any City changes to the requirements will be made by written addendum w
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 Q
from the requirements set forth in this RFP as the result of oral instruction.
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D. Clarifications o
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1. Examination of Documents
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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. E
Should it be found that the point in question is not clearly and fully U
set forth; the City will issue a written addendum clarifying the matter a
which will be sent to all persons who have requested the RFP.
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8.D.b
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:
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City of San Bernardino
300 North "D" Street a
4th floor, Attn: Vanessa Sanchez
San Bernardino, CA 92418
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b. The exterior envelope or email Subject line of all requests for
clarifications, questions and comments must be clearly U_
labeled, "Not an Offer." The City is not responsible for
failure to respond to a request that has not been labeled as o
such. a
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The City will also accept questions sent by facsimile
machines or email, however, all faxed or emailed questions N
must be received by the City no later than 3:00 PM, PST,
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2013. Send facsimile transmissions to (909) 384-
5043, attention Vanessa Sanchez, and emails to:
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C. Inquiries received after 3:00 PM 2013 will not be Q
accepted.
3. City Responses w
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 a
the close of business , 2013.
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For automatic electronic notifications, please visit our Homepage o
and register for SB Connect. If you are not registered for SB
Connect, you may view or download any Addenda at CL
www.sbcitV.org > City Hall > Finance > Request for Bids.
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-14-03
RFP F
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.
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2. Address
Proposals shall be addressed as follows: o
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City of San Bernardino LL
300 North D Street W
Finance Department— 4th Floor o
Attn: Vanessa Sanchez CL
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San Bernardino, CA 92418 a
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Proposals may be delivered in person to the Finance Department, N
4th floor of the above address.
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3. Identification of Proposals
Offeror(s) shall submit a SEALED proposal package consisting of:
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(a) One (1) signed original of Proposal
(b) Two (2) copies of Proposal ix
The proposal package shall be addressed as shown above, bearing
the Offeror(s) name and address and clearly marked on the outside a
of the envelop as follows:
RFP F-14-03 M
Utility Audit- Cost Recovery/Cost Containment 9
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4. Acceptance of Proposals
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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. Q
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8 D,
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. n
d. Faxed or emailed proposals will not be accepted. a
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F. Pre-Contractual Expenses o
Pre-contractual expenses are defined as expenses incurred by the U_
Offeror(s) in:
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1. preparing its proposal in response to this RFP; o
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2. submitting that proposal to City; w
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3. negotiating with City any matter related to this proposal; or
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4. any other expenses incurred by the Offeror(s) prior to date of
award, if any, of the Agreement.
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The City shall not, in any event, be liable for any pre-contractual expenses a
incurred by Offeror(s) in the preparation of its proposal. Offeror(s) shall not
include any such expenses as part of its proposal.
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G. Contract Award
Issuance of this RFP and receipt of Proposals does not commit the City to a
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 D
received in response to this RFP, and to negotiate with other than the o
selected Offeror(s) should negotiations with the selected Offeror(s) be
terminated. The City also reserves the right to apportion the award a
among two or more OFFEROR(S).
A signed Vendor (Contractor) / Consultant Service Agreement (VSA/CSA), E
along with a pre-performance meeting, outlining additional terms and
conditions relating to performance, warranty, materials, goods, services, or a
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.
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I. Business License a
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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 o 0
such Certificate prior to undertaking any work under this Agreement. U-
J. Local Vendor Preference o
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The City of San Bernardino gives any formal or informal bid submitted by a a
local bidder a one percent (1%) credit for goods and materials, where labor 0
and/or installation is incidental; and a five percent (5%) credit on N
Contractual services, for comparison purposes with other bidders, as
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authorized in the San Bernardino Municipal Code Section 3.04.125, and
Executive Order 2003-1, respectively.
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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 a
limits of San Bernardino.
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RFP F-14-03
Utility Audit- Cost Recovery/Cost Containment
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SECTION II.
SCOPE OF SERVICES
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RFP F-14-03
Utility Audit-Cost Recovery/Cost Containment
EXHIBIT A
SCOPE OF SERVICES u,
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Utility Audit - COST RECOVERY/COST CONTAINMENT
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Introduction: a
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To provide City(`City)with Cost Recovery and Reduction Services for the purposes of r
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 M
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Description of work:
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City has contracts with several Energy Utilities Suppliers for the supply of the following "energy
types": a
1. Electricity o
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2. Gas o
3. Water and Sewer a-
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City spends millions of dollars every year for energy. With every passing year energy is costing N
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 Q:
rates(when compared with levels of energy usage), and/or reducing future energy costs by 4:
selecting alternate energy vendors and/or by optimizing pricing rates. LO
The Utility Audit program, as envisioned in the SOW, consists of at least the following two types FNL
of services:
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Past Cost Recovery Services: Consisting of the examination of the bills of existing energy
suppliers to identify errors, submit claims and obtain refunds.
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Future Cost ContainmentlReduction Services: Consisting of performing a comprehensive
comparative analysis of rate plans and/or providers for those energy services that can be N
purchased from alternate sources. Q
Services to be provided:
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(a) Utility Bills. Consultant shall provide Cost Recovery& Cost Containment Services for c
designated energy utility service accounts on behalf of City. v
(b) Inclusion of Other Accounts & Programs. Consultant(that is, Contractor) shall provide Cost LL
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. ;a
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(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.
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RFP F-14-03
Utility Audit-Cost Recovery/Cost Containment
(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 has discretion to enter
into a non-exclusive contract with any vendor for services, including Cost Recovery/Cost
Containment Services. Contractor further acknowledges and agrees that this Contract would be CD
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 it
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.
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(e)Non-Assignable Contract. This Contract is non-assignable by Contractor, unless Contractor
obtains the prior written consent and approval of City. «.
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City's Obligations:
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(a) Energy Utility Accounts. City will provide Contractor with a list of open energy utility service LL
accounts.The accounts that are selected to be included in this program will be determined at the
sole discretion of City. o
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(b) Information Supplied by City. City will provide to Contractor the following information: o
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 ,o
information: description of facility use(i.e. Office,Warehouse, etc.), exact street address, type of N
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. m
CONTRACTOR'S Obligations: .-
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(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.
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(b)Contractor acknowledges that all information supplied by City shall be kept confidential.
Contractor, its subcontractors, employees, or agents shall not disclose such information to any
third parties other than Contractor's subcontractors, employees, or agents on a need-to-know w
basis for the purpose of contract performance and to other third parties as required for providing U)
services under this agreement. Contractor shall not use any information, documents, or data v
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 a,
for its own proprietary interests. =
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(c)Contractor shall be fully responsible for the quality and accuracy of any and all Cost c
Recovery/Cost Containment Services performed under or in conjunction with this Contract. v
(d)Contractor shall perform all Cost Recovery/Cost Containment Services required under this U.
Contract in conformity with professional standards, and shall provide qualified personnel
(licensed, if applicable)to meet such standards.
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RFP F-14-03
Utility Audit-Cost Recovery/Cost Containment
(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 U)
as of the date of the request, any and all requested portion of any City Data it may possess or
control. Q
(f) It shall be Contractor's responsibility to ensure compatibility of City's data files and transmittal ,
medium to Contractor's computer system. Contractor shall bear all costs, if necessary, for data
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conversion to make City's computer system compatible with that of Contractor's and any o
incidental costs related to the data transfer. Contractor shall promptly inform City of any problems a
and/or issues with any data conversion or transfer of City's data files. U_
(g)Contractor is responsible for ensuring that all transmittals to City are compatible with City's N
ability to record and read such data. Any and all corrupted or otherwise defective data shall be oQ
replaced by Contractor at no cost, additional or otherwise, to City. 0-
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Payment for services: ,-
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There will be no up-front fees or any other charges to City. City plans to pay for these CD
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 Utility Consultant.
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Billing Verification:
All Contractor's 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 w
calculated savings. N
Terms and Conditions of Payment for Service: '
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Fees will be paid based on the refunds and cost savings identified. The fees will be a percent of `=
the City-accepted savings, possibly on a sliding scale. That is, the greater the savings the lower D
the percentage paid as fees. These fees will be applied against the cumulatively as follows: c
1. Actual amount of all refunds obtained by Contractor; and v
2. Verified cost reductions as reasonably estimated by Contractor, resulting from the a
implementation of any item of cost savings recommended by Contractor and accepted and L.L
implemented by City, for a period of time agreed-to between the Contractor and City.
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RFP F-14-03
Utility Audit- Cost Recovery/Cost Containment
SECTION III.
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ADDITIONAL FORMS
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RFP F-14-03
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:
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Please indicate any elements of the Proposal Specifications that cannot be met a
by your firm.
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Have you included in your proposal all informational items and forms as U-
requested? Yes / No . (circle one). If you answered "No", please explain:
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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 N
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.
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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. a
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Verification of Addenda Received
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Addenda No: Received on:
Addenda No: Received on: a
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Addenda No: Received on:
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RFP F-14-03
Utility Audit- Cost Recovery/Cost Containment
FIRM NAME:
ADDRESS:
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Phone:
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IF SUBMITTING A "NO PROPOSAL", PLEASE STATE REASON (S) BELOW: a
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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 cn
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hereby states, under penalty of perjury:
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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. o
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Business Name
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Subscribed and sworn before me this day of 20_
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RFP F-14-03
Utility Audit- Cost Recovery/Cost Containment
SUBCONTRACTOR'S LIST
As required by California State Law, the General Contractor bidding will
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hereinafter state the subcontractor who will be the subcontractor on the job for
each particular trade or subdivision of the work in an amount in excess of one-
half of one percent of the General Contractor's total bid and will state the firm N
name and principal location of the mill, shop, or office of each. If a General
Contractor fails to specify a subcontractor, or if he specifies more than one
subcontractor for the same portion of work to be performed under the contract in
excess of one-half of one percent, he agrees that he is fully qualified to perform
that portion himself and that he shall perform that portion himself.
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DIVISION OF NAME OF FIRM OR LOCATION
WORK OR CONTRACTOR CITY o
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REJECTION OF BIDS
The undersigned agrees that the City of San Bernardino reserves the right to E
reject any or all bids, and reserves the right to waive informalities in a bid or bids o
not affected by law, if to do seems to best serve the public interest. Q
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RFP F-14-03
Utility Audit-Cost Recovery/Cost Containment
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SECTION IV.
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GENERAL EVALUATION CRITERIA r
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RFP F-14-03
Utility Audit-Cost Recovery/Cost Containment
IV. GENERAL EVALUATION CRITERIA
A. EVALUATION CRITERIA
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1. Capabilities of Firm to Effectively Complete the Project
Requirements - 30% a
Depth of Offeror(s) understanding of, and ability to manage City's
requirements; ability to meet task deadlines; utility of suggested L
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enhancements or technical innovations.
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2. Qualifications of Firm/Related Experience - 35% W
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Experience in providing services similar to those requested herein; o
experience working with public agencies; strength and stability of a
the firm; strength, stability, experience and technical competence of
subcontractors; assessment by client references; qualifications of N
project staff; key personnel's level of involvement in performing a
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related work; logic of project organization; adequacy of labor
commitment.
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3. Reasonableness of Cost and Price - 25%
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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 w
prices are quoted.
4. Completeness of Response - 5% a
Completeness of response in accordance with RFP instructions;
exceptions to or deviations from the RFP requirements which the o
Offeror(s) cannot or will not accommodate; other relevant factors
not considered elsewhere. a
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RFP F-14-03
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
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transact such business, including, but not limited to a City Business Cn
Registration Certificate shall receive a five percent (5%) preference.
[Unless contrary to Federal, State or Local Law (such as contracts Q
for the construction of public works projects), or unless contrary to
the requirements mandated by the funding source for such
contractual services (such as the Federal Government or other
source which requires award to the lowest responsible Offeror(s.) a
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B. EVALUATION PROCEDURE
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All proposals received as specified will be evaluated by City staff in 0-
accordance with the above criteria. Additional sub-criteria beyond those o
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) Cr
should be aware; however, that award may be made without vendor visits,
interviews, or further discussions.
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C. AWARD
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Depending on the dollar amounts of the offers received, City staff will
either select the vendor best meeting the above-specified criteria or x
submit to City Council, for consideration and selection, the offer(s) judged w
by staff to be the most competitive.
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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 M
expressly reserves the right to postpone proposal opening for its own 9
convenience, to waive any informality or irregularity in the proposals a
received, and to reject any and all proposals responding to this RFP U_
without indicating any reasons for such rejection.
The City also reserves the right to award its total requirement among M
two or more OFFERORS) as City staff may deem to be in its best 2
Interests. In addition, negotiations may or may not be conducted with a
OFFEROR(S); therefore, the proposal submitted should contain the
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RFP F-14-03
Utility Audit-Cost Recovery/Cost Containment
OFFEROR(S) most favorable terms and conditions, since the selection
and award may be made without discussion with any Offeror(s).
D. TIE PROPOSALS
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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.
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E. NOTIFICATION OF AWARD Y
OFFEROR(S) who submits a proposal in response to this RFP shall be
notified regarding the firm(s) who was awarded the agreement. Such L
notification shall be made within a reasonable time after the date the '0
agreement is awarded. U_
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RFP F-14-03
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GENERAL SPECIFICATIONS
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8.D.b
RFP F-14-03
Utility Audit- Cost Recovery/Cost Containment
V. GENERAL SPECIFICATIONS
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1. Each proposal shall be in accordance with Request for Proposal (RFP) Number
RFP F-14-03. All specifications are minimum. Offeror(s) are expected to meet or
exceed these specifications as written. Offeror(s) shall attach to their proposal a in
complete detailed itemization and explanation for each and every deviation or a
variation from the RFP specifications and requirements. Conditional Proposals, or a
those that take exception to the RFP specifications and requirements, may be
considered non-responsive and may be rejected.
2. The City reserves the right to accept or reject any and all Proposals and to award a o
contract to the Offeror(s) whom best meets the City's requirements. This may a
include waiver of minor irregularities or discrepancies, or nonconformity to U_
specifications in appropriate circumstances. Purchase shall be on a best buy basis
after due consideration of all relevant factors, including but not limited to, o
workmanship, accessibility of parts and service, known evidence of manufacturer's o
responsibility and record, durability and known operational record of product and a
suitability as well as conformity to City needs and requirements. In all cases the best w
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 proposal.
4. Proposals shall be firm offers, subject to acceptance or rejection within 120 days
minimum of the opening thereof. LO
s. Regular dealer. No Offeror(s) shall be acceptable who is not a reputable 54
manufacturer or dealer of such items as submitted for proposal consideration. a
6. All materials, workmanship and finish entering into the construction of the equipment
must be of the best of these respective kinds and must conform to the character of
the equipment and the service for which it is intended to be used and shall be W
produced by use of the current manufacturing processes. "Seconds", factory rejects, w
and substandard goods are not acceptable.
7. Each Offeror(s) shall submit with their proposal a copy of the proposed product a
specifications, complete detailed drawings, and other descriptive matter in sufficient
detail to clearly describe the equipment, materials and parts offered. D
8. Manufacturer and/or Contractor shall defend any and all suits and assume all liability o
for any and all claims made against the City of San Bernardino or any of its officials
or agents for the use of any patented process, device or article forming a part of LL
equipment or any item furnished under the contract.
9. Each Offeror(s) must state in their proposal the guaranteed delivery date of product
and/or services in number of calendar days from the date of contract execution by E
the City of San Bernardino, time is of the essence relative to this contract. Contractor
shall prosecute the work continuously and diligently and shall deliver the items at the a
earliest possible date following the award of the contract.
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RFP F-14-03
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Utility Audit- Cost Recovery/Cost Containment
1o. Each Offeror(s) shall list in their proposal all factory, manufacturer's and/or dealer's
warranty and/or guarantee coverage and shall submit such written documents
evidencing the same attached to the proposal.
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11. Successful Offeror(s) (Contractor) shall furnish and deliver to the City complete
equipment as proposed and awarded, ready for installation and fully equipped as
detailed in these specifications. Cn
12. Price shall be quoted F.O.B. San Bernardino (all transportation charges shall be fully
prepaid), and shall include all discounts. Proposal shall include California sales tax, a
where applicable, (effective July 1, 2011) computed at the rate of 8%, this will r
normally be shown as a separate line item on the price form.
13. City shall make payment within thirty (30) days after the complete delivery and o
acceptance of the specified items by the City of San Bernardino and receipt of the a
Contractor's priced invoice.
14. All "standard equipment" is included in any proposal. OFFEROR(S) furnishing
Proposals under these specifications shall supply all items advertised as "standard" o
equipment even if such items are not stipulated in the specifications, unless 0
otherwise clearly excepted in the proposal. a
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15. The items which the Offeror(s) proposes to furnish the City must comply in all ,0
respects with the appropriate safety regulations of all regulatory commissions of the
Federal Government and the State of California, whether such safety features and/or
items have been specifically outlined in these specifications or not.
16. Contractor delivering equipment pursuant to these RFP specifications shall
guarantee that equipment meets specifications as set forth herein. If it is found that N
equipment delivered does not meet requirements of these specifications the
Contractor shall be required to correct the same at their own expense. a
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 will be impractical and extremely w
difficult to, ascertain the actual damage which the City will sustain in the event of and
by reason of such delay.
18. In case the delivery of the items under this contract is delayed due to strikes, a
injunctions, government controls, or by reason of any cause or circumstance beyond
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the control of the Contractor, the time for delivery may be extended (in the City's D
sole discretion) by a number of days to be determined in each instance by mutual o
written agreement between the Contractor and the Purchasing Division of the City of
San Bernardino. The City shall not unreasonably refuse such extension.
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19. Contract. Each proposal shall be submitted and received with the understanding that W
acceptance by the City of San Bernardino of proposal in response to this solicitation
shall constitute a contract between the Contractor and the City. This shall bind the E
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 a
City's standard purchase order that may or may not incorporate this solicitation by
reference.
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RFP F-14-03
Utility Audit- Cost Recovery/Cost Containment
20. Prohibited interest. No member, officer, or employee of the City or of any agency of
the City during his tenure or for one year thereafter shall have any interest, direct or
indirect in this contract or the proceeds thereof. Furthermore, the parties hereto in
covenant and agree that to their knowledge no board member, officer or employee
of the City has any interest, whether contractual, non-contractual, financial or a
otherwise, in this transaction, or in the business of the contracting party other than w
the City, and that if any such interest comes to the knowledge of either party at any
time, a full and complete disclosure of all such information will be made in writing to 0
the other party or parties, even if such interest would not be considered a conflict of
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interest under Article 4(commencing with Section 1090) or Article 4.6 (commencing U_
with Section 1120) of Division 4 of Title I of the Government Code of the State of
California. N
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21. One Document. These specifications, the Request for Proposal, RFP F-14-03, the o
Contractor's proposal, any written agreement executed by the parties, the purchase a`.
order and all documents referred to in the complete specifications and purchase 2
order, and all written modifications of said documents shall be construed together as
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one document. Anything called for in any one of said documents shall be deemed to
C be required equally as if called for in all. Anything necessary to complete the work CD
properly shall be performed by the contractor, whether specifically set out in the
contract or not. All sections of the specifications shall be read as constituting a whole N
and not as an aggregation of individual parts, and whatever is specified in one
section shall be construed as applying to all sections. a
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 w
prompt payment discount to be taken by the City in the event the City makes
payment to the Contractor within ten (10) working days of receipt of material and
approval of invoice. For the purpose of this provision, payment is deemed to be a
made on the date of mailing of the City check. NOTE: prompt payment discounts
will only be used during proposal evaluation in the case of ties.
24. Inquiries. Technical questions may be sent via fax to 909-384-5043, or email: o
sanchez va(c_sbcity.orq. The answers to material questions will be provided in
writing by Addendum(s) to all potential Offeror(s) by a posting to the City's website. u
25. Proposal/Fee Schedules. No proposal will be acceptable unless fees/prices are W
submitted on the pricing forms furnished by the contractor peon, and all required
forms are completed and included with proposal. Deliver all Pro osals, SIGNED and E
SEALED, to the Finance Department at 300 North "D" Street, 4t Floor, City Hall, U
San Bernardino, California 92418. CLEARLY MARK THE RFP SPECIFICATION a
TITLE: Utility Audit- Cost Recovery/Cost Containment and RFP F-14-03 ON
THE OUTSIDE OF THE ENVELOPE.
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Utility Audit- Cost Recovery/Cost Containment
26. Time. All Proposals must be received in the Purchasing Division no later than 3:00
PM, PST, , 2013, where at such time and said place Proposals will be
publicly opened, examined and declared. Any proposal may be withdrawn by N
Offeror(s) prior to the above scheduled time for the opening of Proposals. Any
proposal received after that time and date specified shall NOT be considered.
27. The City of San Bernardino reserves the right at its own discretion to award separate co
contracts for each category, or to award multiple contracts, or to award one contract
for furnishing and delivering of all equipment and/or services in all categories. a
28. Equipment. In the purchase of equipment, Contractor shall be required to furnish y
one (1) OPERATORS MANUAL and one (1) PARTS MANUAL for all equipment
proposals. o
29. In submitting a proposal to a public purchasing body, the Offeror(s) offers and a
agrees that if the proposal is accepted, it will assign to the purchasing body all rights, U-
title, and interest in and to all causes of action it may have under Section 4 of the
Clayton Act (U.S.C. Sec 15) or under the Cartwright Act (Chapter 2, commencing o
with Section 16700 of Part 2 of Division 7 of the Business and Professions Code), o
arising from purchases of goods, materials, or services by the Offeror(s) for sale to a
the purchasing body pursuant to the proposal. Such assignment shall be made and 0
become effective at the time the purchasing body tenders final payment to the
Offeror(s). _
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30. Contractor shall indemnify, defend and hold City, its officers, employees and agents
harmless from any claim, demand, liability, suit, judgment or expense (including,
without limitation, reasonable costs of defense) arising out of or related to N LO
Contractor's performance of this agreement, except that such duty to indemnify,
defend and hold harmless shall not apply where injury to person or property is Q
caused by City's willful misconduct or sole negligence. The costs, salary and
expenses of the City Attorney and members of his office in enforcing this Agreement
on behalf of the City shall be considered as "attorney's fees" for the purposes of this w
paragraph. cn
31. While not restricting or limiting the foregoing, during the term of this Agreement,
Contractor shall maintain in effect policies of comprehensive public, general, and a
automobile liability insurance, in the amount of$1,000,000 combined single limit,
and statutory worker's compensation coverage, and shall file copies of said policies
with the City's Risk Division prior to undertaking any work under this Agreement. The o
policies shall name the City as an additional insured and shall provide for ten- (10)
day notification to the City if said policies are terminated or materially altered. CL
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shall have a rating in Best's most recent insurance guide of"A" or better.
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° RFP F-14-03
3 Utility Audit- Cost Recovery/Cost Containment
33. Written contract documents, duly authorized and signed by the appropriate authority,
constitute the complete and entire agreement(s) that may result from the RFP.
34. The term-percentage and for how long- for sharing the savings achieved shall
be negotiated. It will be a "share-in-savings"type of contract. CD
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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 a
scope and specifications of this RFP are currently held by Offeror(s), and are valid
and in full force and effect. Copies or legitimate proof of such licensure and/or
certification shall be included in Offeror(s)'s response. Proposals lacking copies o
and/or proof of said licenses and/or certifications may be deemed non- a
responsive and may be rejected. LL
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 o
the City, obtain and maintain a valid City Business Registration Certificate during the 0
term of the Agreement. a
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.
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RFP F-14-03
Utility Audit-Cost Recovery/Cost Containment
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