all vendors must complete the request for proposal …responsible for such matter in the course of...
TRANSCRIPT
Request for Proposal
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December 12, 2017
To Whom It May Concern:
The City of Dover will receive sealed proposals on January 24, 2018 at 2:00 p.m. local time for
the purpose of contracting for ELECTRIC UTILITY MANAGEMENT &
BENCHMARKING ASSESSMENT FOR THE CITY OF DOVER ELECTRIC UTILITY,
RFP NUMBER 18-0016CM. The RFP must be submitted electronically via email to
[email protected]. No other correspondence may be sent to this email address. All submissions
must reference RFP number 18-0016CM in the subject line of the email. All vendors must
complete the request for proposal (RFP) notice and send it to fax (302) 736-7178 or email
[email protected] if they intend to submit a proposal. Any vendor not returning the form
may not receive published addenda.
Your proposal is not revocable for one-hundred-twenty (120) days following the response deadline
indicated above.
LATE SUBMISSIONS:
A proposal received after the closing date and time for receipt of the proposals is late and shall
not be considered. It is the responsibility of the submitter to ensure that the proposal is received
prior to the closing date and time.
OUESTIONS:
If you have questions concerning this Request for Proposal, they must be made in writing and
emailed to me at [email protected]. All questions must be submitted no later than December
28, 2017. All questions will be compiled and answered in the form of an addendum and will be
emailed to all prospective bidders who return the RFP solicitation form attached and will be posted
on the City of Dover web site, www.cityofdover.com/bid-proposal. All changes or corrections to
this Request for Proposal will be handled by addenda issued by the Purchasing Office. The receipt
of all Addenda must be acknowledged on the proposal submission form.
The City of Dover reserves the right to request corrections, clarifications, and/or additional
information pertaining to Respondent's response.
It has been determined that this solicitation be offered as a request for competitive sealed
proposals, pursuant to Delaware Code Title 29, Chapter 6924 (a), because the use of
competitive sealed bidding is not in the best interest of the City. The use of competitive sealed
proposals is necessary to:
Request for Proposal
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Use a contract other than a fixed price type;
Conduct Oral or written discussions with offerors concerning technical and price
aspects of their proposals;
Afford offerors an opportunity to revise their proposals;
Compare the different price, quality and contractual factors of the proposals
submitted.
Award a contract in which price is not the determining factor.
Proposals will be opened publicly at the time and place designated in this letter. The name of
each offeror shall be read publicly and recorded. All other information contained in the proposals
shall be confidential so as to avoid disclosure of contents prejudicial to competing offerors
during the process of negotiation. The main purpose of the bid opening is to reveal the name(s)
of the bidder(s), not to serve as a forum for determining the low bidder(s).
The contract shall be awarded within 120 days of the closing date to the offeror whose proposal
is determined in writing to be most advantageous to the City. All prices must be held firm for a
minimum of 120 days from the date of the opening. The proposals, summaries, and tabulations
shall not be open for public inspection until after receipt of a fully executed contract.
Conflict of Interest Clause:
Pursuant to Dover Code, Chapter 30, Section 30-33, No city employee or official may participate
on behalf of the city in the review or disposition of any matter pending before the city in which
he has a personal or private interest. No city employee or official shall benefit from any contract
with the city, nor solicit any contract, and shall not enter into any contract with the city (other
than an employment contract). No person who has served as a city employee or official shall
represent or otherwise assist any private enterprise on any matter involving the city, for a period
of two years after termination of his employment or elected or appointed status with the city, if
he gave an opinion, conducted an investigation or otherwise was directly and materially
responsible for such matter in the course of his official duties as a city employee or official. All
parties hereto declare and affirm that no officer, member, or employee of the City, and no
member of its governing body, and no other public official of the City who exercises any
functions or responsibilities in the review or approval of the undertaking described in this
contract, or the performing of services pursuant to this contract, shall participate in any decision
relating to this contract which affects his or her personal interest, or any corporation, partnership,
or association in which he or she is directly or indirectly interested; nor shall any employee of
the City, nor any member of its governing body, have any interest, direct or indirect, in this
contract or the proceeds thereof.
The City of Dover reserves the right to waive technicalities, to reject any or all bids, or any portion
thereof, to advertise for new proposals, to proceed to do the work otherwise, or to abandon the
work, if in the best interest of the City.
All proposals are to be received by the Procurement Office, 710 William Street, Dover, DE,
19904 no later than the 2:00 p.m. bid opening. All proposals will be opened in the presence of
the Procurement Manager or his/her designee. The name of each offeror shall be read publicly.
All other information contained in the proposals shall be confidential so as to avoid disclosure of
Request for Proposal
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information prejudicial to competing offerors during the negotiation process. Any and all
proprietary information contained within the proposal must be clearly marked. The cover must
indicate that the proposal contains such information. Copies of the proposals will not be
provided to competing vendors.
Minority, women, veteran, service disabled veteran, and individuals with disabilities owned
vendor preference shall be three percent (3%) of the value of the award. The vendor must
identify qualification and claim to the preference on the submitted proposal documents.
The vendor must provide authoritative proof of minority ownership such as identification
in the certification directory maintained by the State of Delaware Office of Supplier
Diversity to qualify for this preference. This preference is to be considered as a stand-alone
and cannot be added to any other preference that may be allowed. This preference shall not apply
to subcontractors.
In the event the contractor does not fulfill its obligations under the terms and conditions of this
contract, the City of Dover may contract for an equivalent product on the open market. Any difference
in cost between the contract prices herein and the price of open market product shall be the
responsibility of the contractor. Under no circumstances shall monies be due the contractor in the
event open market products can be obtained below contract cost. Any monies charged to the
contractor may be deducted from an open invoice.
Neither the contractor nor the City of Dover shall be held liable for non-performance under the terms
and conditions of this contract due, but not limited to, government restriction, strike, flood, fire, or
unforeseen catastrophe beyond either party's control. Each party shall notify the other in writing of
any situation that may prevent performance under the terms and conditions of this contract.
Vendors must provide references to the City of Dover upon request. Vendor references may be
checked to verify the proposer’s ability to perform the contract requirements, the quality of work
and the ability to meet obligations.
The City of Dover shall have the right to reject any or all proposals if deemed to be in the best
interest of the City, such as but not limited to local vendor preference and minority vendor
preference while awarding bids.
Sincerely,
Peter K. Gregg
Contract and Procurement Manager
City of Dover
(302) 736-7795
Fax (302) 736-7178
www.cityofdover.com
Request for Proposal
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REQUEST FOR PROPOSAL SOLICITATION NOTICE
RFP Number: 18-0016CM RFP Opening: January 24, 2018, 2:00 p.m.
Description: Electric Utility Management & Benchmarking Assessment for the City of Dover
Electric Utility
If you are interested in the request for proposal described above, you can download it in Adobe
PDF format from our web site http://www.cityofdover.com/bid-procurement. Any amendments
of other additional information related to this solicitation will be posted with the original
document on the web site.
If you do not have internet access and want to receive this request for proposal, all subsequent
amendments, or additional information on the bid package, please provide the requested
information to:
The City of Dover
Purchasing Office
710 William Street
Dover, DE 19904
Fax: (302) 736-7178, attention Peter Gregg
Phone: (302) 736-7795
e-mail: [email protected]
Please complete the following and return this form to Central Services:
Company:
Vendor Response /Request
Address
No bid at this time, please retain on bid list
Please send complete RFP package
Contact:
I will download the RFP package
Phone
I intend to bid
Fax
I do not intend to bid
e-mail for ITB/RFP
Other:
REQUEST FOR PROPOSAL
City of Dover, DE 19901
15 Loockerman Plaza
(302) 736-7005
City of Dover Electric Utility Electric Utility Management & Benchmarking Assessment
Date: December 12, 2017 RFP: # 18-0016CM
Response Deadline Date and Time: January 24, 2018, at 2:00 p.m., Local Time
Please submit any questions regarding this proposal online to [email protected].
The only authorized source for proposal forms, addenda, and information regarding this RFP is [email protected]. Using RFP forms, addenda, and RFP information not obtained from the link creates the risk of not receiving necessary information about the RFP that may eliminate your proposal from consideration.
Proposals must be received via email [email protected] by the date and time indicated above.
(ATTENTION RFP RESPONDENT – COMPLETE AND RETURN WITH PROPOSAL)
Respondent’s Name: (Please print or type company name)
E-Mail Address:
Phone No.:
FAX No.:
Address City State Zip
By:
(Name of Authorized Agent)
Signature:
Title:
Date:
Respondent makes firm offer and is not revocable within one-hundred-twenty (120) days after response deadline.
Respondent does not make an offer in response to this invitation. Why did you not make an offer?
NOTE: ALL PROPOSALS ARE SUBJECT TO THE TERMS AND CONDITIONS HEREIN.
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REQUEST FOR PROPOSAL SUMMARY SHEET
Electric Utility Management & Benchmarking Assessment,
RFP # 18-0016CM
The City of Dover (City) invites interested firms to submit a signed and sealed proposal
for services, as described herein. Proposals must be received via email at [email protected] no later than the date and time stated on the front page of this Request for Proposal (RFP).
Structure of the RFP
For the convenience of the respondent, this RFP is structured as follows:
Section 1 – Introduction and Background
Section 2 – Scope of Services Section 3 – Questions Section 4 – Compensation Section 5 – Proposal Submission Requirements Section 6 – Evaluation Criteria Section 7 – Evaluation Process Section 8 – Right of Protest Section 9 – Proposed Time Schedule Pricing Page Attachment 1 – Affidavit Attachment 2 – Professional Services Agreement
Delaware Sunshine Law
The Respondent acknowledges and agrees that the City is bound by the Delaware Open Records Law (Sunshine Law) and cannot protect information for the sole
reason that it is marked “confidential” or “proprietary". All information submitted
in response to this RFP shall be available for public review in accordance with all
federal, state and local laws after: 1) posting of the Notice of Intent to Award; 2) a contract has been executed; or 3) all proposals have been rejected. Requests must
be submitted in writing to the Purchasing Manager, City of Dover.
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City of Dover, Delaware
Electric Utility Management & Benchmarking Assessment,
RFP # 18-0016CM
1. INTRODUCTION AND BACKGROUND
The City of Dover, Delaware, is issuing this Request for Proposal to perform an Electric Department Management & Benchmarking Assessment. The management and benchmarking assessment will review current key business practices, benchmarking to national standards to ensure the application of best-in-class practices and policies. The management assessment shall include an examination, inspection, evaluation and investigation of records, administrative regulations, policies, objectives, goals, plans, practices, methods or other criteria utilized by management to conduct its business, and may include appropriate recommendations for improved management, staffing levels, and operation techniques. Show how Dover can achieve optimal efficiency while maintaining effective internal controls. The assessment will also include recommended best practices for financial reporting, budgeting, and long-term planning. This assessment is intended to be an independent, objective consulting activity designed to add value and improve the City of Dover Electric Utility’s operations. A nationally recognized electric utility consultant completes a “due diligent” study each year of the Dover Electric System as required by our bond covenants. A copy of the latest study can be made available at your request. Simultaneously with this study, an independent and well recognized consultant will be hired to develop a Cost of Service Study and Rate Design plan using the 2016/2017 fiscal year revenues. Several of the Dover Electric System largest customers have complained about the System’s demand charges. The purpose of completing these two studies simultaneously is to provide the City Council with future rate recommendations. The City of Dover Electric Utility is a municipally-owned Electric Utility operating within 68 square-miles in Kent County, Delaware, including 24 square miles in city limits of Dover, Delaware. Currently, the Dover Electric Utility has 147 net MW of accredited generating capacity (2 generating units) which is owned and operated by the Utility. An additional 40 MW of load capacity is provided through a purchase power agreement.
The Dover Electric Utility served a monthly average of 23,621 accounts in fiscal year (FY) 2017, approximately 20,155 of which were residential customers. Five of the Electric Division customers take service from the 69-kV transmission system. These customers include the Dover Air Force Base, Kraft/Heinz, Proctor & Gamble, White Oak Solar and NRG Energy Center (NRG). NRG is an exempt wholesale generator that sells power that must be transmitted through the City’s transmission system to third party purchasers. When the NRG plant is not operational, the Dover Electric Utility provides power for the plant site. Organization Overall administration of the Utility and development of basic Utility policy is performed by the City of Dover Electric Utility Director and his staff. The Director is responsible for the overall management and day-to-day operations of the Electric Utility Division and is appointed by the City Manager. The Director also provides oversight of the production plant budget, monitors the contracts of the energy coordinator and the power generation operator/manager, and is responsible for North American Energy Services Corporation (NAES Corporation) contracts and oversight. The Electric Division is organized into four separate operating sections. Descriptions of the current City Electric Division sections are provided below. The Utility has
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48 budgeted full-time City positions as of July 2017. The Director is responsible for assuring all reporting and compliance requirements are met in accordance with EPA, State of Delaware, NERC, and FERC agencies. Administration Section – Administration provides the overall management of the Electric Division’s Engineering and Transmission & Distribution Sections. This section performs all planning and budgeting, monitors all construction projects, administers all power supply and generating station operations agreements, and coordinates with customer service and public relations for the Electric Division. Comprised of 5 employees. Electric Engineering Section – Electric Engineering provides design, specifications, construction management, and project inspection for all capital investment projects of the Electric Division. This section also develops and maintains maps, plans, and specifications, as well as engineering standards for construction and maintenance of the Electric System. Comprised of 10 employees. The System Operations Section has been reorganized as part of the Electric Engineering Section. This group is responsible for the operation of a 24/7 system operations control center for the T & D system and is comprised of the System Operators Crew Leader and the Operators. Comprised of 5 employees. Transmission & Distribution Section – Transmission & Distribution constructs, operates, and maintains the overhead and underground electric systems and fiber optic communication facilities. This section installs and maintains all electric metering, as well as street and security lighting. This section also investigates and resolves customers’ power supply problems and oversees the work of tree trimming contractors. Comprised of 24 employees. Metering Section – The metering section works with the Customer Service Division and performs all meter reading (AMR), disconnects and reconnects for both the Electric Utility and Water/Wastewater Utilities. Comprised of 4 employees The Utility is also provided support services from the General Government of the City. These support services include mayor, city council, city clerk, purchasing, accounting, legal, human resources, information technology, customer service and billing and other administrative services. General Plant
General plant facilities consist primarily of the Electric Division administrative and operations facilities and pollution control related equipment on McKee Run Generating Station (McKee Run) and VanSant Generating Station (VanSant). Other types of general plant include office furniture and equipment, transportation and power-operated equipment, and communication equipment. Effective July 1, 2011, the City entered into an Energy Management Agreement with The Energy Authority, Inc. (TEA) to assist the City with its energy procurement, energy sales, purchase of fuels, establishment and management of risk policies, and the development and management of hedging protocols and related energy procurement challenges. Headquartered in Jacksonville, Florida, TEA is a non-profit energy manager owned by seven public utility systems operating across the nation. Production Plant
The City owns two generating plants, the McKee Run (1975) and VanSant (1991) generating stations. McKee Run, consists of one steam turbine generating unit with a total capacity of 102 megawatts (MW). VanSant is a 43MW simple-cycle combustion turbine unit. An inlet fogging system was installed in the spring of 2015 and capacity testing performed in June 2015 proved a 4 MW increase in unit capacity. VanSant had remote start capability installed in 2017 and McKee is in the process of installing remote start capability. The VanSant unit is scheduled for a major overhaul in FY18 with a budget of $2.1 million. NAES Corporation operates the generating plants.
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The agreement between the City and NAES Corporation has been in effect since July 1, 2006. Currently, NAES employs 26 full-time personnel consisting of administrative staff, operations staff, and maintenance staff. The plant is responsible for control room operations and coordination with TEA and PJM. The various systems and components of the generating plants are listed below:
Steam turbines/generators
Boilers and auxiliaries
Station cooling water systems
Fuel handling systems
Water treatment systems
Station electrical systems
Station control systems
General facilities
Transmission and Distribution Plant
The transmission and distribution network includes 44 miles of overhead transmission lines, 0.12 miles of underground transmission lines, 179.8 miles of overhead distribution lines and 287.18 miles of underground distribution lines. Five Electric Division customers take service from the 69-kV transmission system. The Utility
also owns 14 substations.
2. SCOPE OF SERVICES
The City desires to evaluate the current operation and management structure of the Electric Utility. Services to be provided a) The Management and Benchmarking Assessment shall focus on the operations and staffing alignment of
major divisions including:
Administration/Planning
Finance, Accounting, Information Technology
Customer and Support Services
Production
Transmission and Distribution
Engineering
System Operations
Metering In addition, the indirect service cost centers and allocation methodology shall be evaluated. Indirect cost centers include purchasing, warehouse, receiving, fleet maintenance, finance, customer service, building maintenance, grounds, information technology, city clerk, city manager, mayor and council.
For each Division, the Assessment shall include:
Determine the effectiveness of current operations and evaluate key business processes against
industry best practices;
Evaluate inventory levels, turns, as compared to industry practices;
Evaluate current contracts for best practices;
Evaluate the culture of leadership including but not limited to leadership effectiveness, management style, condition of workplace culture, and performance review standards;
Evaluate the need for succession planning;
Evaluate staffing levels and adequacy;
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Evaluate internal controls and determine material weaknesses, significant deficiencies, and control weaknesses;
Obtain information for allocation of resources to remedy performance gaps and to consider system changes for more efficient workflows; and
Determine improvements in policies and procedures, ensuring they are specific and contribute towards best practice strategies.
The scope of services shall also include the review of the City of Dover’s the financial reporting practices including:
Financial Reporting and Performance Benchmark Analysis
o Review and analyze current financial management reporting formats and tools available to Dover Electric and identify information “gaps”;
o Identify a series of financial and operating ratio performance measures/benchmarks (report card) that can be used to monitor the financial health of Dover Electric on a monthly/quarterly basis; and
o Complete comparative financial ratio analysis of Dover Electric to other Delaware Electric Utility enterprise operations as a result of the proposed financial benchmark ratios. Please note, the City of Dover Electric Utility does not use FERC accounting.
Review of Budget Planning Assumptions and Framework for Long Term Financial Plan
o Review of the FY 2017/18 Budget Planning revenue and expense assumptions to test for sound financial planning;
o Review of the FY 2017/18 and Multi-Year Construction Budget to ensure adequate resources are in place to meet the aging infrastructure needs as well as address current and future growth;
o Compare FY 2017/18 Budget projections with current Cost of Service analysis to ensure cost rate structures are reflective of current spending plans;
o Review the existing budget planning process to gauge compliance with existing City financial policies and application of best industry practices;
o Recommend financial budget policies and procedures to structure improved decision making and long term financial sustainability;
Time Frame Work may begin as scheduled by the parties, but all work for tasks outlined in Scope of Services must be completed by May 31, 2018. Government and Community presentations, Public Hearings will be agreed upon by the successful firm and the City during contract development.
Additional Requirements Consultant and all individual assigned personnel having access to Utility premises, documents or data must sign a Non-Disclosure Agreement supplied by the City.
Consultant must also supply documentation that each assigned individual requiring physical or cyber access to Utility premises, documents, data or systems have undergone a Personnel Risk Assessment (background check) meeting NERC Reliability Standard criteria as set out in CIP-004-3, Requirement 3, and have completed required training on security materials supplied by the City.
3. QUESTIONS
Questions shall be addressed to [email protected] and will be shared with all prospective bidders that have returned the intent to submit form contained in the cover letter. The answers to any questions submitted will also be made available on the City of Dover web site, www.cityofdover.com/bid-procurement.
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4. COMPENSATION
The successful bidder (Contractor) will be paid for services per the fees and rates specified on the pricing page. Travel expenses, if applicable, must be coordinated with the Project Manager. The Project Manager must approve all invoices. The City’s payment terms are NET 30.
5. PROPOSAL SUBMISSION REQUIREMENTS
Proposals must be received no later than the date and time on the front page of this RFP, through [email protected], The date and time of the email will be the determination as to if the submission was made on time. The respondent shall submit the following information/documents as part of the proposal:
A. Cover sheet, completed and signed
B. Affidavit, completed and signed
C. Information on the evaluation criteria
D. Agreement for Professional Services (Attachment 2), completed and signed, or list of exceptions to be negotiated.
E. A sample report from a similar project (redact any confidential information).
F. An itemized travel expense estimate (airfare, hotel, car rental, meals, etc.) based on the on-site requirements for each part of the project. Specify any mark-up margin over actual cost.
G. Respondents are required to disclose whether they have had communication in any way with employees of the City of Dover Electric Utility within the last 10 years. Include this as a separate statement, stating the names of employees, dates, and a detailed description of the communication. If no communication has occurred, include a statement that reads “no communication has occurred between any employee of our firm and any employee at Dover Electric. If this document is missing, your proposal will be disqualified as non-responsive.
Note: Proposals will not be accepted after the deadline for submission, regardless of the reason. Any exceptions to the Scope of Services and/or Agreement contained herein must be submitted as part of the proposal. Firms selected for award will be required to provide proof of insurance, business license, etc. as stipulated herein.
6. EVALUATION CRITERIA
Responsive proposals will be evaluated in accordance with the following criteria:
A. Experience and Reliability of Firm (Up to 30 percent)
Experience and reliability of the Respondent’s organization will be considered in the evaluation process. Therefore, the respondent should submit any information that documents successful and reliable experience in past contracts for services related to the requirements of this RFP. Specifically, projects completed for other electric utilities. The Respondent shall submit a list of references including contact information. A sample report should be submitted for consideration (black out any confidential information).
B. Experience and Qualifications of Project Team (Up to 40 percent)
The expertise, qualifications and background of the personnel that will be assigned by vendor to perform the proposed work will be considered in the evaluation process. Therefore, the Respondent should submit information regarding the experience, education, special certifications, etc., of the individuals to perform the work under this agreement. The Respondent must provide references for projects completed by the personnel that will be assigned to this engagement.
C. Price (Up to 15 percent)
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A Not-To-Exceed price must be submitted on the price page. Hourly rates must be submitted for all individuals/disciplines required to complete the services (Project Team) detailed in the Scope of Services. The Not-To-Exceed cost will be used to determine the cost points. The City reserves the right to factor in estimated travel expenses. The most cost effective service will receive the highest points in this category.
D. Substantial Compliance (Up to 15 percent)
Any exceptions to the scope of services or contract (Attachment 2) will be considered in the evaluation process. The fewest exceptions will receive the highest number of points in this category.
Note: The respondent is cautioned that it is the respondent’s sole responsibility to submit information related to the evaluation categories. The City is under no obligation to solicit such information, if it is not included in the respondent’s original proposal. Failure to provide such information may have an adverse impact on the evaluation of the respondent’s proposal.
7. EVALUATION PROCESS
The City will consider a proposal nonresponsive when critical information is lacking, or the submission represents a major deviation from the requirements of this RFP. Minor omissions or informalities may be waived at the sole option and discretion of the City. The City also reserves the right to reject any or all proposals, make no award or multiple awards as result of this solicitation. Responsive proposals will be evaluated in the following manner:
A. City Management will review and rank all proposals in accordance to the criteria established herein. The City reserves the right to “short list” the highest ranked firms. If this option is exercised, the City will publish the list of short listed firms on at [email protected].
B. Respondents whose proposals are ranked the highest by City Management may be asked to participate in an interview to ensure a mutual understanding of both the City’s requirements and the respondent’s proposal. Interviews will be conducted either in person or teleconference. However, Management may decide that interviews are not necessary and make a recommendation for award based on the information provided in the proposal.
C. The firm that offers the City the most reliable and cost effective services based on the established evaluation criteria will be recommended for award of the contract.
Note: In accordance with federal, state and local laws, the proposal documents will be available for public
review following: rejection of all proposals; posting of the Notice of Intent to Award; execution of the contract and/or purchase order. Please note any areas of the proposal where information is classified as “Proprietary and Confidential”.
8. RIGHT OF PROTEST
A Notice of Intent to Award will be posted on the internet at: www.cityofdover.com/bid-tabulations Any protest must be filed within five (5) business days of the date of posting of the Notice. Neither the City nor the Purchaser shall be responsible for directly notifying respondent of the Notice of Intent to Award. Protests must be received in the office of the City Clerk and must contain the company name, address, phone number and signature of the authorized representative; solicitation number; a detailed statement describing the grounds for the protest; and supporting evidence or documents to substantiate the claim. The Purchaser
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will review the information provided and issue a written decision within five (5) business days of receipt of the protest. This decision shall be final.
9. PROPOSED TIME SCHEDULE Issuance of RFP 12/12/17 Deadline for Questions 12/28/17 @ 2:00 PM Proposal Submission 01/24/18 @ 2:00 PM Evaluation 01/26/18 – 02/02/18 Recommendation to Utility Committee 02/13/18 Notification of Award 02/26/18 Project Kickoff Meeting 02/27/18
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Pricing Page Request for Proposal # 18-0016CM
Utility Management & Benchmarking Assessment
The Respondent agrees to perform the services described herein with the individuals listed below at the specified hourly rates. The successful Respondent (Consultant) will be compensated based on the hourly rates for each applicable discipline up to the Total Not-To-Exceed Cost. An itemized invoice must be submitted which details the total number of hours for each discipline. The City’s payment terms are Net 30 days from receipt of an accurate invoice. Travel will be reimbursed for reasonable costs, as agreed upon between Consultant and the City. The City’s Project Manager must approve all invoices prior to payment.
The Respondent acknowledges and agrees that the City is bound by the Delaware Freedom of Information Act (FOIA) and cannot protect information for the sole reason that it is marked “confidential” or “proprietary." All information submitted in response to this RFP shall be available for public review in accordance with all State and Federal Laws.
Company: __________________________________________________
Authorized Representative: ____________________________________
Title: _____________________________________________________
Total Not-To-Exceed Cost -$
Item 2 – Hourly Rates of Project Team
Name Position Hourly Rate
$ -
$ -
$ -
$ -
$ -
$ -
Item 3 – Estimated Travel, Lodging and Meal Costs
Travel $ -
Lodging $ -
Meals $ -
Total Cost Estimate -$
Item 1 – Not-To-Exceed Cost (excluding travel)
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AFFIDAVIT
STATE OF )
COUNTY OF )
of the City of
, County of , State of ,
being duly sworn on her or his oath, deposes and says:
1. That I am the (Title of Affiant) of
(Name of Respondent) and
have been authorized by said Respondent to make this affidavit on the Respondent’s behalf;
2. No Councilmember, nor the City Manager, the Controller/Treasurer or the City Purchasing Manager is financially interested in what the Respondent is offering to sell to the City pursuant to this invitation, nor is the Respondent a City employee or board member whose proposal creates a conflict of interest. A conflict of interest would arise if a City employee or board member is in a position to affect either the decision to solicit proposals or the selection of the successful respondent;
3. Respondent has not participated in collusion or committed any act in restraint of trade, directly or
indirectly, which bears upon anyone's response or lack of response to this Invitation; and
4. The authorized signer of this document certifies that the organization and each of its principals are not suspended or debarred by the City of Dover, State of Delaware or Federal government.
(Name of Respondent)
By: (Signature of Affiant)
(Title of Affiant)
Subscribed and sworn to before me this day of , 20 .
(SEAL) NOTARY PUBLIC in and for the County of
State of
My commission expires:
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made by and between the City of Dover, Delaware (hereinafter called CITY) and,______________, a Corporation (hereinafter called CONSULTANT).
WITNESSETH: WHEREAS, CITY requires consulting services for Utility Management & Benchmarking Assessment and,
WHEREAS, CONSULTANT is prepared to provide said professional services and shall give consultation and advice to CITY during the performance of said services;
NOW THEREFORE, CITY and CONSULTANT in consideration of the mutual covenants contained in this Agreement, agree as follows:
ARTICLE 1 – EFFECTIVE DATE
The effective date of this AGREEMENT shall be _. ARTICLE 2 – SERVICES TO BE PERFORMED BY CONSULTANT
CONSULTANT shall perform the services set forth in in the RFP and respondent’s proposal, attached hereto.
ARTICLE 3 – PERIOD OF SERVICE
The Scope of Service shall be completed by _. ARTICLE 4 – COMPENSATION
For services performed, the CITY shall pay the CONSULTANT, an amount not to exceed ___________ .
Monthly invoices shall be submitted by the CONSULTANT to the CITY for payment of services performed and expenses incurred during the preceding month. Invoices shall indicate the hours expended for each person on the Scope of Services, the total labor billing, and a summary of other expenses and charges with supporting documentation.
Payment will be made by the City within thirty (30) days of receipt of the monthly invoice.
The CITY is exempt from State of Delaware sales and use taxes on purchases made directly for the CITY. CONSULTANT shall not include any sales or use taxes on transactions between the CONSULTANT and CITY.
ARTICLE 5 – PERMITS AND LICENSES
The CONSULTANT shall procure all necessary local construction permits and licenses and a City of Dover occupation license, unless exempt under state law.
CONSULTANT will abide by all applicable laws, regulations, and ordinances of all federal, state, and local governments in which work under this contract is performed, and will require the same of all sub consultants.
The CONSULTANT must furnish and maintain certification of authority to conduct business in the State of Delaware.
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ARTICLE 6 – OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Except as otherwise provided herein, documents, drawings, and specifications prepared by CONSULTANT as part of the Services shall become the property of CITY, provided, however, that CONSULTANT shall have the unrestricted right to their use. Notwithstanding the foregoing, CITY accepts that any re-use of the documents or intellectual property shall be at CITY’s sole risk and liability.
ARTICLE 7 – CHANGES, DELETIONS, OR ADDITIONS TO AGREEMENT Either party may request changes within the general scope of this AGREEMENT. If a requested change causes an increase or decrease in the cost or time required to perform this AGREEMENT, CITY and CONSULTANT will agree to an equitable adjustment of the AGREEMENT price, period of service, or both, and will reflect such adjustment in a change order or formal modification.
ARTICLE 8 – STANDARD OF CARE CONSULTANT shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a peer professional under similar circumstances.
ARTICLE 9– LIABILITY AND INDEMNIFICATION
Having considered the potential liabilities that may exist during the performance of this AGREEMENT and the CONSULTANT’S fee, and in consideration of the mutual covenants contained in the AGREEMENT, CITY and CONSULTANT agree to allocate and limit such liabilities in accordance with this Article.
CONSULTANT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the City, its officers, directors and employees, against all damages liabilities or costs, including reasonable attorneys’ fees and defense costs, to the extent caused by the CONSULTANT’S negligent performance of professional services under this AGREEMENT and that of its sub consultants or anyone for whom the CONSULTANT is legally liable. CONSULTANT shall indemnify CITY against legal liability for damages arising out of claims by CONSULTANT’S employees.
ARTICLE 10 – INSURANCE
The CONSULTANT shall procure and maintain insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the materials, equipment or supplies provided to the CITY. The insurer(s) must be licensed for business in the State of Delaware and maintain an A.M. Best rating of no less than A: VII; or an insurer approved by the CITY. Each policy requires a minimum cancellation notification of at least thirty (30) days’ advance written notice to the CITY.
(1) General Liability Insurance, with bodily injury and property damage limits of $1,000,000 for each occurrence with a $2,000,000 general aggregate and $2,000,000 products and completed operations aggregate.
(2) Professional Liability or Errors and Omissions Insurance, with a limit of $1,000,000 annual aggregate.
(3) Automobile Liability Insurance, with bodily injury limits of $1,000,000 for each person and$1,000,000 for each accident, and with property damage limits of $1,000,000 for each accident.
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The above limits are the minimum acceptable and do not infer or place a limit on the liability of the CONSULTANT. The CITY is to be named as an additional insured as the CITY's interest may appear for the General Liability and the Automobile Liability Insurance. The CONSULTANT'S insurance shall be primary and any insurance or self-insurance maintained by the CITY shall be excess for the CITY and not contribute with the coverage maintained by the CONSULTANT.
The CITY shall not obtain worker's compensation insurance on behalf of the CONSULTANT or the employees of the CONSULTANT. The CONSULTANT shall comply with the worker's compensation law concerning its business and its employees.
ARTICLE 11 – SHIPPING, TITLE AND RISK OF LOSS All sales and deliveries are F.O.B. CITY.
ARTICLE 12 – DELAY IN PERFORMANCE
Neither CITY nor CONSULTANT shall be considered in default of this AGREEMENT for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this AGREEMENT, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restrains; and inability to procure permits, licenses, or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either CITY or CONSULTANT under this AGREEMENT. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this AGREEMENT.
ARTICLE 13 – TERMINATION CITY may terminate or suspend performance of this Agreement for CITY’s convenience upon written notice to CONSULTANT. CONSULTANT shall terminate or suspend performance of the Services on a schedule acceptable to CITY. If termination or suspension is for CITY’s convenience, CITY shall pay CONSULTANT for all the Services performed till the date of the termination by the CITY or suspension expenses. Upon restart, and equitable adjustment shall be made to CONSULTANT’S compensation.
This AGREEMENT may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The nonperforming party shall have fifteen calendar days from the date of the termination notice to cure or to submit a plan for cure acceptable to the other party. In the event that funding for the contract is discontinued, CITY shall have the right to terminate this contract immediately upon written notice to CONSULTANT.
ARTICLE 14– WAIVER
A waiver by either CITY or CONSULTANT of any breach of this AGREEMENT shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach.
ARTICLE 15 – SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this AGREEMENT or the occurrence of any event rendering any portion or provision of this AGREEMENT void shall in no
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way affect the validity or enforceability of any other portion or provision of this AGREEMENT. Any void provision shall be deemed severed from this AGREEMENT, and the balance of this AGREEMENT shall be construed and enforced as if this AGREEMENT did not contain the particular portion or provision held to be void. The parties further agree to amend this AGREEMENT to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire AGREEMENT from being void should a provision which is of the essence of this AGREEMENT be determined void.
ARTICLE 16 – SUCCESSORS AND ASSIGNS
CITY and CONSULTANT each binds itself and its directors, officers, partners, successors, executors, administrators, assigns, and legal representatives to the other party to the AGREEMENT and to the directors, officers, partners, successors, executors, administrators, assigns, and legal representatives of such other party in respect to all provisions of this AGREEMENT.
ARTICLE 17 – ASSIGNMENT
Neither CITY nor CONSULTANT shall assign any rights or duties under this AGREEMENT without the prior written consent of the other party. Unless otherwise stated in the written consent to an assignment, no assignment will release or discharge the assignor from any obligation under this AGREEMENT.
ARTICLE 18– THIRD PARTY RIGHTS
Nothing in this AGREEMENT shall be construed to give any rights or benefits to anyone other than CITY and CONSULTANT.
ARTICLE 19– INDEPENDENT CONSULTANTS
Each party shall perform its activities and duties hereunder only as an independent Consultant. The parties and their personnel shall not be considered to be employees or agents of the other party. Nothing in this AGREEMENT shall be interpreted as granting either party the right or authority to make commitments of any kind for the other. This AGREEMENT shall not constitute, create, or in any way be interpreted as a joint venture, partnership or formal business organization of any kind.
ARTICLE 20– AUDIT
CONSULTANT agrees that the CITY, or a duly authorized representative, shall, until the expiration of three (3) years after final payment under this AGREEMENT have access to and the right to examine and copy any pertinent books, documents, papers and records of the CONSULTANT involving transactions related to this AGREEMENT.
ARTICLE 21 – EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this agreement/contract or purchase order, the CONSULTANT agrees as follows:
The CONSULTANT will not discriminate against any employee or applicant for employment because of race, age, color, religion, sex, national origin or any other legally protected category.
The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, age, color, religion, sex, or national origin. Such action shall include, but not be limited to, the
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following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship.
The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
The CONSULTANT will, in all solicitations or advertisements for employees placed by or
on behalf of the CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, age, color, religion, sex, or national origin.
The CONSULTANT will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the CONSULTANT'S commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
The CONSULTANT will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
The CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his or her books, records, and accounts by the Utility and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
In the event of the CONSULTANT'S noncompliance with the non-discrimination clauses
of this agreement/contract or purchase order with any of the said rules, regulations, or orders, this agreement/contract or purchase order may be canceled, terminated, or suspended in whole or in part, and the organization may be declared ineligible for any further government agreement/contracts or purchase order or federally assisted agreements/contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rules, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
The CONSULTANT will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each sub consultant or vendor.
The CONSULTANT will take such action with respect to any sub consultant or purchase
order as the Utility may direct as a means of enforcing such provisions, including sanctions of noncompliance; provided, however, that in the event an CONSULTANT becomes involved in, or is threatened with litigation with a sub consultant or vendor as a result of such direction by the Utility, the CONSULTANT may request the United States to enter into such litigation to protect the interest of the United States.
ARTICLE 22 – GOVERNING LAW This AGREEMENT shall be governed by the laws of the State of Delaware. The CITY and the CONSULTANT agree that the performance of this Agreement will be deemed to have occurred
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in the State of Delaware and that CONSULTANT’S performance under this Agreement will be deemed the transaction of business in Delaware. Jurisdiction and venue for any claim or cause of action arising under this Agreement shall be exclusively in the Sixteenth Judicial Circuit of Delaware and the CONSULTANT submits to personal jurisdiction of and waives any personal jurisdiction or inconvenient forum objection to, that court.
ARTICLE 23 – COMMUNICATIONS
Any communication required by this AGREEMENT shall be made in writing to the authorized representative at the email address specified below:
CONSULTANT: __________________________________________________
CITY: Donna Mitchell, Acting City Manager [email protected] Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of CONSULTANT and CITY.
ARTICLE 24 – SEPARATE AGREEMENTS CITY and CONSULTANT each reserve the right to, from time to time, enter into other agreements or contracts for specific projects. If such agreements or contracts are separately approved in writing by the parties, the terms and conditions of those agreements or contracts shall prevail for the specific projects set forth therein.
ARTICLE 25 – ENTIRE AGREEMENT
This Agreement represents the entire agreement between the CITY and CONSULTANT. All previous or contemporaneous agreements, representations, promises and conditions relating the CONSULTANT’S services described herein are superseded.
ARTICLE 26 – SURVIVAL OF TERMS
The following provisions shall survive the expiration or termination of this AGREEMENT for any reason: if any payment obligations exist, Article 4 – Compensation; Article 5 – Permits and Licenses; Article 9 – Liability and Indemnification; Article 14 – Waiver; Article 15 – Severability; Article 17 – Assignment; Article 19 – Independent Consultants; Article 22 – Governing Law; Article 25 – Entire Agreement; and this Article 26 – Survival of Terms.
IN WITNESS WHEREOF, CITY and CONSULTANT, by and through their authorized officers, have made and executed this AGREEMENT.
CITY CONSULTANT
By ________________________ By
Title ______________________ Title __________________________
Date ______________________ Date