RFP- IGA Energy Audit 2023-022

Addendum No 1

REQUEST FOR PROPOSAL
INVESTMENT GRADE AUDIT
ENERGY CONSERVATION PROJECT WITH GUARANTEED SAVINGS
#2023-022

August 14, 2023

The City of Derby, Kansas (hereinafter referred to as the “City”) invites proposals of qualified consultants to submit a response to this Request for Proposal (RFP) for review and consideration by the City of Derby, Kansas to perform an Investment Grade Audit of selected facilities as identified below.

Please carefully review this document. If you are interested in making a proposal consistent with the conditions, instructions, requirements, and specifications as contained herein, submit the Proposal Response Form together with a comprehensive proposal in a sealed envelope. The significant due dates are listed below. The outside of the envelope should be clearly marked with the Proposer’s name and address and identified as “Submission of Proposal - Investment Grade Audit for the CITY OF DERBY”. The sealed envelope should be addressed as follows:

Derby City Clerk
611 N. Mulberry Road, Suite 300
Derby, KS 67037
RFP # 2023-022

All proposals must be valid for 120 days. It is the sole responsibility of the proposer to see that its response and the appropriate documents are delivered on time. Any response received after the scheduled closing time for receiving proposals will be returned to the proposer unopened and will not be considered. It is the responsibility of the proposer to check Derby’s website for information and updates and acknowledge all addenda in its response.

Information provided in a proposal will be considered proprietary and will not be divulged during the proposal review process unless otherwise required by law. Because the services sought will require the expenditure of public funds, part or all of the successful proposal, as well as a resulting contract, will likely be public records within the meaning of the Kansas Open Records Act. Prior to acceptance of a proposal, the information contained in each proposal will be used for evaluating the proposer’s ability to handle the scope of services and will not be shared with persons not involved in the evaluation of proposals unless otherwise required by law.

Tom Keil
Assistant Public Works Director

ABOUT THIS DOCUMENT

This document is a Request for Proposals. It differs from a Request for Bids/Quotations in that the City is inviting proposals that are most advantageous to Derby, in Derby’s sole discretion.

This is not a bid/quotation meeting firm specifications for the lowest price, and as such, the lowest price proposed will not guarantee an award recommendation. Competitive Sealed Proposals will be evaluated based upon criteria formulated around the most important features of the service, of which quality, references, availability or capability, may be overriding factors.

Proposal evaluation criteria will be used as standards by which to measure how well a proposer’s approach addresses Derby’s objectives and needs. Criteria that will be considered in evaluating proposals are set forth in this RFP. Derby will thoroughly review all proposals received and may conduct an interview process for top proposals to further discuss services and pricing. A proposer’s initial offer should therefore be based on the most favorable terms available from a price and technical standpoint. Derby reserves the right to conduct discussion or negotiation with any proposer regarding any proposal Derby deems competitive. Derby may also request best and final offers from any proposers and make an award or conduct negotiations thereafter. Derby reserves the right to select and recommend for award the proposal which best meets its required objectives and needs, in the sole discretion of Derby, or to reject all proposals.

BACKGROUND

The City of Derby is a fast-growing, progressive community located 10 minutes south of Wichita. The City of Derby has a population that is approaching 26,000 and is a full-service city providing water, sewer, police, fire, and other municipal services in the metropolitan area of south-central Kansas. The City of Derby is served by two major north/south traffic corridors. The City operates under a Mayor/Council/Manager form of government.

PROJECT OVERVIEW

The City is interested in receiving proposals from qualified firms in accordance with KSA 75-37, 125 for innovative turnkey professional services including project development and implementation of various energy and operational savings initiatives. The intent of the City is to reduce energy and operating costs and gain efficiencies in operation while simultaneously accomplishing the needed improvements in its mechanical systems, lighting, building envelope, and other critical systems for the following locations.

In addition, the Derby Recreation Commission is partnering with the City and is interested in completing the same study for facilities managed by the DRC at the locations listed below. This would be a separate proposal but follow the same schedule, goals, and objectives in the RFP. The outside of the envelope should be clearly marked with the Proposer’s name and address and identified as Submission of Proposal- Investment Grade Audit for the Derby Recreation Commission”. The sealed envelope should be addressed as follows:

Derby Recreation Commission
801 E. Market
Derby, KS 67037
RFP # 2023-022
Investment Grade Audit – DRC
Attn: Chris Drum - Superintendent

The City’s purpose is to ultimately contract with one firm that will provide turnkey, comprehensive and innovative services to develop a project and implement self-funding savings initiatives that will pay for themselves over a financing term that will be determined based on the final project.

The City will base provider selection on several criteria including what is in the best long-term interests of its community. Particularly, the City is interested in identifying an ESCO whose approach is comprehensive, innovative, and sustainable. In this sense, the City seeks a partner with a history of successful project design, delivery, and implementation. The City reserves the right to implement any proposed project in multiple phases or implement no project at all.

The selected firm will provide the necessary engineering and project development services to identify and quantify energy and operational savings that will be utilized over the term of the contract to offset the cost of implementing all construction improvements. The successful firm will be responsible for assisting the City in securing the best financing rates and programs available. At the City’s request, long-term contractual, financial, engineering and design, cost and schedule assurances and guarantees may be required and the firm must have a track record of providing these types of written assurances.

Upon selection of a qualified firm, the consultant will work directly with Tom Keil, Assistant Director of Public Works, and key staff identified for the energy study.

PROJECT OBJECTIVES

Responses are requested from firms with a high degree of skill, capable of providing auditing, engineering, project development, and construction services to manage the installation of energy-saving facility and infrastructure projects.

Firms must also have demonstrated experience providing commissioning, savings measurement and verification, and guarantee services necessary to achieve and maintain energy and operational savings.

The City is interested in any and all energy conservation measures and operational savings measures that could be included in a project whereby the firm guarantees a specific annual cost saving.

The City intends to award a performance-based contract to the firm deemed most qualified to provide the aforementioned services. It is the City’s intent to develop projects such that combined energy and operational savings will offset project costs. Any contract award will be based on selection criteria set forth in this RFP.

Based on the results of the IGA, the intent of the City is to execute a project development agreement with the selected firm. This will initiate project development and engineering services necessary to define the project scope of work, project cost, quantify savings numbers, detail savings assurances, detail project funding alternatives, and provide a final contract for City consideration and recommendation for approval.

Questions

Any questions regarding this RFP shall be directed in writing to Tom Keil, Assistant Public Works Director at tomkeil@derbyweb.com For security reasons, you must enable JavaScript to view this E-mail address.

PROPOSAL CONTENT REQUIREMENTS

This section is provided to assist participating proposers in forming a thorough response for services outlined in this document. The City may reject as non-responsive at its sole discretion any submittal that does not provide complete and/or adequate responses or departs in any substantial way from providing the required information. The written proposal should provide background information about the company, its employees, and its experience with related projects and related clients. It should cover the experience of the firm, as well as any consultants on the proposed team. For the purposes of the RFP, the term “company” shall refer to the prime respondent of this RFP, or in other words, the company with whom the City of Derby will contract. The term “consultant” shall refer to any and all consultants with whom the prime respondent will include on the project team. This includes but is not limited to: landscape architects, civil engineers, safety consultants, etc. The proposal shall clearly delineate any experience, background, etc. between the prime “company” and “consultants.”

TIMELINE

The City will notify the responding firms in writing whether they have been selected. The City is targeting the negotiation of a Project Development Agreement with the successful respondent within thirty (30) days of the RFP selection notification date, with selection notification to happen after the City has ratified the selection at a regularly scheduled meeting. The successful respondent will then conduct detailed engineering and project development services and evaluate the City’s systems for efficiencies, quantify savings to be gained, determine project scope of work and services to be performed, identify all project benefits, quantify final savings guarantee numbers, quantify final cost, identify competitive financing sources and terms, and submit a performance contract for staff, administration and council review and approval. Upon legal review and presentation of final contracts, the City will consider action to implement a final performance contracting project but has no obligation to do so.

RFP General Requirements and Conditions

• Respondents must be NAESCO (National Association of Energy Services Companies) Accredited.
• Respondent must have been conducting and providing guaranteed savings services for a minimum of ten (10) years to ensure the firm has established the strong financial stability necessary to back workmanship, guarantee long-term financial performance, and demonstrate business longevity to initiate a potentially long-term contractual partnership with the City.
• Respondent must satisfy the requirements of KSA 75-37, 125
• Respondent must be qualified by the Federal Department of Energy (DOE).
• Any questions are to be submitted via e-mail to the contact identified above.
• The only pricing required as part of this Request for Proposal is the cost of completing the Investment Grade Audit. (IGA)
• The City may entertain oral presentations as part of this RFP evaluation process from no more than three (3) respondents, based on the evaluation criteria below.

PROPOSALS EVALUATION CRITERIA

Responses should be submitted in the format outlined in this section. The City reserves the right to eliminate from further consideration any response that is deemed to be substantially or materially unresponsive to requests for information contained in this section.

Executive Summary

Your firm’s Executive Summary should not exceed one (1) page. The responding firm should highlight the firm’s unique value, qualifications and services that should be considered by the City for this project.

Firm Qualifications

• Firm name, corporate address and local address
• Main Contact person with full contact information
• Years of experience in performance contracting
• Performance Based Contracting portfolio
• Ratio of performance contracting sales to overall company sales (break out percent of equipment and controls systems sales, service and maintenance contracts, etc.)
• Overview of your firm's financial stability
• If respondent, including an affiliate organization such as a subsidiary or parent company, manufactures, sells, or otherwise distributes in commerce, equipment, materials, or other goods, then the respondent must clearly identify its relationship and interest, if any, with or in such organization(s) within its response.
• Identification of any and all ongoing and prior litigated claims, filed within the past seven (7) years, involving contracts executed by and between the responding firm and a governmental entity that included an allegation of poor workmanship, incomplete, or uncompleted work or allegations that the respondent failed to adhere to statutory requirements, including procurement and/or lobbying laws. Respondents must include a brief explanation of the disposition of any such litigation. Litigation history requested shall not be limited to claims between the respondent and the government but also includes litigation between the respondent and any other person or entity, including taxpayers and subcontractors.

Project Team Qualifications and Experience for the City’s project

• Roles and Responsibilities of each team member.
• Concise resumes of project team members including education, past project experience and any other pertinent information. Subcontractors or partners may be listed as part of your team but must be clearly identified.
• Performance Contracting Organizational Chart. Provide an organizational chart that illustrates the structure and roles of your Project Team members.
• Experience of your proposed Project Team
• Your Project Team should provide a minimum of five (5) performance contracting references.
• References of similar size, scope and complexity indicating your project team's experience with similar clients is preferred. Each Project description shall describe the services provided, project cost, guaranteed savings amount, and contract term. Client names with a contact person’s phone number and address should be listed.

Technical Approach/Methodology and Financial Approach for this type of project

• Provide an overview of the performance contracting process your firm uses to plan, develop and implement performance contracts similar to this project.
• Describe how your firm would determine savings opportunities and conduct a needs analysis during the detailed engineering and project development phase.
• Describe how your firm will calculate savings to be achieved by the City.
• Describe your firm’s measurement and verification services.
• Describe your firm’s proposed approach to providing any required technical training for City personnel.

Financial Approach

• Provide descriptions of recent successful City financing arrangements and identify the funding sources available to finance your firm’s projects.
• Provide your Team’s Project Management Overview. Provide detailed information on your team’s approach to managing the development and implementation of the project to ensure a successful installation. Describe how your firm will select and work with any potential subcontractors on this project.

SELECTION CRITERIA

The selection process will be based on responses to this RFP, verification of references and any interviews required verifying the ability of proposer to provide services in response to this document. A committee will select the proposal that appears most beneficial to Derby in its sole discretion and make a recommendation to the City Council for approval.

Representatives of Derby will evaluate each proposal based on the following criteria:

1. Demonstrating clearly and completely, your firm’s ability to meet all RFP conditions, Minimum Specifications, and miscellaneous instructions as outlined herein;
2. Demonstrating the skill and experience necessary to meet Derby’s needs;
3. Meeting mandatory requirements outlined herein;
4. Proposing services described herein with the most advantageous and prudent methodology and cost to Derby;
5. Providing references reflecting projects having a scope of services similar to those requested by Derby within the last three years (include location, contact person, telephone number, length of contract, and any other pertinent information related to this type of project); and
6. Provision of a certificate of insurance by the successful proposer evidencing insurance coverage for all work and services to be performed as part of the contract award in amounts not less than the following:

Comprehensive General Liability Coverage
$1,000,000 Each Occurrence
$1,000,000 Personal & Adv Injury
$2,000,000 General Aggregate
$2,000,000 Products Completed/Operations Aggregate

Automobile Liability
$1,000,000 Combined Single Limit

Workers Compensation
Workers’ Compensation—Statutory
$500,000 Each Accident
$500,000 Disease-Policy Limit
$500,000-Each Employee

Professional Liability Insurance
$1,000,000 Each Occurrence

The above amounts are the minimum insurance requirements necessary to comply with the submission requirements for this RFP and may be achieved through the use of an umbrella or excess coverage policy. Said certificate of insurance shall be written by a reputable insurance carrier approved by Derby and the final certificate will name Derby as an additional insured on general liability and automobile liability coverages. In addition, insurance policies applicable hereto shall contain a provision that provides that City shall be given thirty (30) days’ written notice by the insurance company before such policy is substantially changed or cancelled.

NO NEGOTIATIONS, DECISIONS OR ACTIONS SHALL BE INITIATED BY ANY FIRM OR PROPOSER AS A RESULT OF ANY VERBAL DISCUSSION WITH ANYONE, INCLUDING CITY EMPLOYEES, PRIOR TO COMPLETION OF THE RFP PROCESS.

Derby reserves the right to select the proposal which best meets, in its sole discretion, its required needs, budget constraints, quality levels, and administrative expectations. Due to the importance of this project, Derby also reserves the right to select one or more firms to accomplish this task or to reject all proposals.

CONTRACT PERIOD and PAYMENT TERMS

The successful proposer, if any, shall enter into a written agreement with the City to perform the services contemplated herein.

PROPOSAL CONDITIONS

In submitting a response to this RFP, proposer hereby understands and acknowledges the following:

1. Any response not received by the City prior to the deadline date and time will not be considered.
2. Derby reserves the right to:
   1. Cancel the RFP process or the work described herein prior to issuance and acceptance of any final agreement even if the Derby City Council has formally accepted a recommendation and authorized execution of an agreement;
   2. Accept or reject any and all responses;
   3. Request additional information or clarification from those submitting responses and allow corrections to errors and omissions. Clarifications to a proposer’s response shall be signed by an officer of the proposer authorized to commit the proposer to all terms and conditions contained in the response;
   4. Disregard responses that do not meet the stated requirements as determined by Derby. Responses which are non-responsive, conditional or not in compliance with the information requested in this RFP will be disqualified unless Derby waives such non-compliance;
   5. Waive any technicalities or irregularities involving any response, including noncompliance;
   6. Select the proposer that will best meet the needs of Derby; and
   7. Negotiate with the proposer submitting the best response to obtain an eventual agreement to provide the requested services.
3. Derby will not pay for any information requested herein, nor is it liable for any costs incurred by those submitting proposals.
4. All responses and related information submitted in response to the RFP will become the property of Derby and will not be returned. If a proposer submitting a proposal considers certain material in the response to be proprietary information, it should clearly designate those portions of the response it wishes to remain confidential. As a public entity, Derby is subject to making records available for public disclosure as required by law. Derby will make reasonable attempts to maintain the confidentiality of material marked proprietary; however, it cannot guarantee information will not be made public.
5. By submission of a response, each proposer certifies that:

1. The proposer has not paid nor agreed to pay any person, other than a bona fide employee or subcontractor, a fee or a brokerage commission resulting from award of the contract.
2. Derby may, by written notice, cancel any award under this RFP if it is found by Derby that gratuities in the form of entertainment, gifts or otherwise were offered or given to any representative of Derby with a view toward securing the award of a contract or other favorable treatment with respect to this RFP.

6. Derby reserves the right to make any agreements subject to the provisions of the Kansas Cash Basis Law (K.S.A. 10-1112 and 10-1113) and the Kansas Budget Law (K.S.A. 79-2935). Agreements shall be construed and interpreted so as to ensure that Derby shall at all times stay in conformity with such laws, and as a condition of agreements, Derby reserves the right to unilaterally sever, modify, or terminate agreements at any time, if in the opinion of its legal counsel the Agreement may be deemed to violate the terms of such law(s).

7. All project participants, consultants, and contractors must comply with applicable Federal, State, County, and local municipal laws pertaining to contracts entered into by governmental agencies, including non-discrimination in employment, the provisions of the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.), the provisions of K.S.A. 44-1030, and the following terms:

1. The successful proposer will observe the provisions of the Kansas Act Against Discrimination and shall not discriminate against any person in the performance of work under this project because of race, religion, color, sex, disability, national origin, or ancestry;
2. In all solicitations or advertisements for employees, the successful proposer shall include the phrase “Equal Opportunity Employer,” or a similar phrase to be approved by the Kansas Human Rights Commission;
3. If the proposer fails to comply with the manner in which it reports to the Kansas Human Rights Commission in accordance with state law, the proposer will be deemed to have breached its contract with Derby and the contract may be canceled, terminated, or suspended, in whole or in part, by Derby.
4. If the proposer is found guilty of a violation of the Kansas Act Against Discrimination under a decision or order of the Kansas Human Rights Commission which has become final, the proposer will be deemed to have breached its contract with Derby and the contract may be canceled, terminated, or suspended, in whole or in part, by Derby; and
5. The successful proposer will include the provisions of the above subsections (a) through (d), inclusive, of this paragraph in every subcontract or purchase order so that such provision will be binding upon such subcontractor or contractor.

8. Alternate proposals (two or more proposals submitted) will be considered for an award. Derby reserves the right to make the final determination of actual equivalency or suitability of such proposals with respect to requirements outlined herein.

9. Derby may award a contract based on initial offers received without discussion of such offers. A vendor’s initial offer should therefore be based on the most favorable terms available from a price and technical standpoint. Derby may however have discussion with those vendors that it deems, in its discretion, to fall within a competitive range. Derby may also request best and final offers from such proposers and make an award and/or conduct negotiations thereafter.

10. Prices proposed may not be withdrawn for a period of 120 days immediately following the opening of proposals. Prices MUST be free of federal, state, and local taxes unless otherwise imposed by a governmental body.

11. Derby interprets “lowest responsible proposer” as requiring Derby to (a) choose between the kinds of materials, goods, wares, or services subject to the proposal, and (b) determine which proposal is most suitable for its intended use or purpose and maintenance costs of items upon which proposals are received. Derby can determine any differences or variations in the quality or character of the material, goods, wares, or services performed or provided by the respective proposers.

12. All requested information must be supplied. If you cannot respond to any part of this request, state the reason you cannot respond. You may provide supplemental information, if necessary, to assist Derby in analyzing your proposal.

13. After the award, if the successful proposer refuses or fails to provide the services within the times specified in the RFP proposal or contractual agreement, Derby may, by written notice, terminate the award and contract.

14.The proposer will hold and save the City of Derby and its officers, agents, servants, and employees harmless from liability of any patented or unpatented invention, design, process, article, or appliance manufactured or used in the performance of the contract, including its use by the City of Derby.

15. If a response to this RFP is accepted, the proposer agrees to execute and deliver to the City a contract in accordance with the Contract Documents (if applicable) within ten days of notice of the award to the proposer.

16. The proposer hereby certifies that he or she has carefully examined all of the documents for the project, has carefully and thoroughly reviewed this RFP, that he or she has inspected the location of the project (if applicable), and understands the nature and scope of the work to be done; and that this proposal is based upon the terms, specifications, requirements, and conditions of the RFP and documents. The proposer further agrees that the performance time specified is a reasonable time, having carefully considered the nature and scope of the project as aforesaid.

17. The proposer certifies that this proposal is submitted without collusion, fraud or misrepresentation as to other proposers, so that all proposals for the project will result from free, open and competitive proposing among all vendors.

18. The City will not accept responses transmitted via a facsimile or email.

19. By submission of a response, the proposer agrees that at the time of submittal, he or she: (1) has no interest (including financial benefit, commission, finder’s fee, or any other remuneration) and will not acquire any interest, either direct or indirect, that would conflict in any manner or degree with the performance of services, or (2) benefit from an award resulting in a Conflict of Interest. A Conflict of Interest will include holding or retaining membership or employment, on a board, elected office, department, division, or committee sanctioned by or governed by the Derby City Council. Proposers will identify any interests and the individuals involved on separate paper with the response and will understand that the City, at the discretion of the City Manager in consultation with the City Attorney, may reject their proposal.

20. Contracts entered into as a result of this document are subject to the laws of the State of Kansas and any local ordinances specifically applicable to the purchase.

21. The City of Derby may issue a purchase order/contract for the acquisition of products/services specified as a result of an award made in reference to this document. Contract documents will be subject to any regulations governed by the laws of the State of Kansas. Any dispute arising out of the contract documents or their interpretation will be litigated only within the state district court located in Sedgwick County, Kansas.

RFP- IGA Energy Audit 2023-022

Addendum No 1

ADDENDUM No. 1

#2023-022

Estimated Square Footage and Proposals

08/24/2023

1. Do you have square footage of the facilities? Yes, the square footage is listed below.
2. Do you want a single proposal for the City of Derby and the Derby Recreation Center? No. Please submit a separate proposal for the DRC.

City of Derby – Facility Locations and Square Footage

Derby Recreation Commission – Facility Locations and Square Footage

The estimated square footage of locations is based on Sedgwick County Tax Records.

The undersigned acknowledges receipt of this Addendum and the bid submitted herewith is in accordance with the information, instructions, and stipulations set forth herein.

Date_________________ Signature of Bidder

____________________________________

By__________________________________

Title_________________________________

Tom Keil