City of Seattle

REQUEST FOR PROPOSALSConsultant Contracting

Project Title: 20% Building Energy Savings Analysis

Procurement Schedule Table 1: Procurement Schedule

Schedule of Events Date LocationRFP Release Feb 24, 2012 Daily Journal of Commerce and

Consultant Opportunities websiteOptional Pre-Submittal Conference March 7, 2012 @

1:30PMSMT 4080

Deadline for Questions March 9, 2012 Submit questions to sarah.calvillo-hoffman@seattle.gov

Sealed Proposals Due to the City 5pm on March 16, 2012 Refer to Table 2 belowRFP Interviews April 9, 2012 TBDAnnouncement of Successful Proposer(s) April 13, 2012Anticipated Negotiation ScheduleContract Execution April 30, 2012

The City reserves the right to modify this schedule at the City’s discretion. Notification of changes will be posted on the City website or as otherwise stated herein.

Procurement ContactCity Project Manager (CPM): Sarah Calvillo Hoffman, sarah.calvillo-hoffman@seattle.gov, 206.233.5104

Table 2: Delivery Address

Fed Ex & Hand Delivery - Physical Address US Post Office - Mailing AddressDept. of Finance & Administrative ServicesFacility Operations Division700 Fifth Avenue, Suite 5200Seattle, Washington, 98104

Dept. of Finance & Administrative ServicesFacility Operations DivisionP.O. Box 94689Seattle, Washington, 98124-4689

It is important to use the correct address for the delivery method you chose.

Unless authorized by the CPM, no other City official or employee may speak for the City with respect to this solicitation. Any Proposer seeking information, clarification, or interpretation from any other City official or City employee is advised that such material is used at the Proposer’s own risk. The City will not be bound by any such information, clarification, or interpretation. Following the Proposal submittal deadline, Proposers shall continue to direct communications to only the CPM. The CPM will send out information to responding companies as decisions are concluded.

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Table of Contents

1. Purpose and Background............................................................................................................................ 3

2. Period of Performance................................................................................................................................. 3

3. Solicitation Objectives.................................................................................................................................. 3

4. Minimum Qualifications................................................................................................................................ 3

5. Scope of Work............................................................................................................................................. 4

6. Contract Modifications............................................................................................................................... 10

7. Instructions, Procedures and Requirements..............................................................................................10

8. Response Format...................................................................................................................................... 17

9. Selection Process...................................................................................................................................... 19

10. Award and Contract Execution..................................................................................................................20

11. Attachments............................................................................................................................................... 21

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1.Purpose and BackgroundIn the 2011 State of the City address, Mayor McGinn announced the City would accept President Obama’s Better Building challenge to reduce energy use in municipal buildings by 20% by 2020. To help determine the strategy for achieving a 20% energy reduction, the Department of Finance and Administrative Services (FAS) seeks on-call energy management services to analyze a few select FAS owned and managed buildings to identify specific measures and rough cost estimates necessary to reduce energy use.

The 20% building energy savings analysis will be a hybrid between an investment grade energy audit, a feasibility study, and an energy modeling/computer simulation project. The consultant will, in each building:

Examine existing energy use and identify the energy end use breakout;

Evaluate how the building is currently being operated and maintained;

Assess existing structural, mechanical, and electrical components and systems;

Identify energy efficiency and conservation measures that would cumulatively reduce energy use by at least 20% (based on information gathered in the first three steps); and,

Calculate Rough Order of Magnitude (ROM) cost estimates for each energy efficiency and conservation measure.

To ensure identified improvement and reduction measures will achieve a 20% energy savings, the consultant may need to perform some level of energy modeling or computer simulation. The analysis and resulting strategies/measures will need to be holistic in nature to feasibly achieve such significant energy efficiency and reductions; the consultant will be expected to identify and evaluate necessary behavioral and operational changes, in addition to retrofit or capital improvements.

2.Period of PerformanceThe contract(s) resulting from this solicitation is intended to be a multi-year (2012-2015) on-call contract and will be executed for the four-year term or until project deliverables are complete and funding exhausted (not to exceed $250,000).

3. Solicitation ObjectivesThe City expects to achieve the following outcomes through this consultant solicitation:

One to two qualified, experienced, dependable, and responsive on-call energy management experts/consultants to perform building energy assessments/analysis services.

Analysis to help determine whether 20% energy savings in selected buildings is feasible/achievable.

Guidance on how to cost effectively achieve a minimum of 20% energy savings in selected buildings.

4.Minimum QualificationsThe minimum qualifications are required for a Consultant to be eligible to submit a Request for Proposal (RFP) response. Responses must clearly show compliance to these minimum qualifications. Those that are not clearly responsive to these minimum qualifications shall be rejected by the City without further consideration:

Current license to do business in the State of Washington and the City of Seattle.

Current Engineering and/or Architectural license registered in the State of Washington or an equivalent certification issued by another state.

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Five (5) years previous experience successfully providing similar services to public agencies.

Five (5) years previous experience with facilities of similar scale, type, or function to the facilities listed in the RFP.

A minimum of two (2) references each from owners and contractors/consultants that have worked with the responding Consultant in the last two years, for a minimum of four (4) references. This list must include contact name, phone number, and name, address, and description of projects.

Consultants must have a local office within 50 miles of the greater Seattle area.

5. Scope of WorkDuring the contract period, the on-call consultant may be asked to conduct energy assessment/analysis services on FAS owned and managed facilities. The table below lists examples of facilities FAS tentatively identified for analysis based on a combination of variables, but largely because they:

Represent a significant proportion of FAS’ portfolio energy consumption and as such energy reduction efforts will have a larger impact in reducing the overall portfolio use by 20%;

Possessed fairly high energy use intensities/indices (energy use/square feet), which is an indication of poorer building energy performance; and,

Represent the key building use types (e.g., fire station and police precinct), which ideally allows for recommendations to be applied to other buildings in a represented use type.

Table 3: Building Site & Energy Use & Cost

SiteYear Built 2008 SF

2008 Energy Use (MBtu)

2008 Energy Use% of Total

2008 Energy

Use Index (EUI)

Use Type2008 EUI

2008Energy Cost

2008 Energy Cost Index

Total4,076,63

0 288,773,964 100.0% 72 NA $4,350,069 $1.08

Justice Center2001 297,678 29,509,255 10.2% 99 81 $442,293 $1.49

Airport Way Ctr - Bldg A1944 97,300 17,071,452 5.9% 175 175 $236,546 $2.43

West Precinct1999 88,830 12,692,478 4.4% 143 124 $186,029 $2.09

HLF FFD VMG (A) 24,588 3,945,497 1.4% 160 115 $50,232 $2.04

Fire Station 251969 17,878 1,855,726 0.6% 104 114 $23,997 $1.34

The goal of the building energy assessment/analysis is to determine whether it is feasible, what measures need to be implemented, and what it will cost to achieve a minimum of 20% energy reduction in each facility. In general, the on-call consultant will be expected to thoroughly:

Understand the building, its systems, and how it’s operated and maintained;

Evaluate energy uses and losses;

Inspect systems/equipment and, if necessary, test and measure systems to confirm energy uses/losses;

Identify specific strategies and/or measures that need to be implemented to achieve at least 20% energy savings in each building; and,

Develop ROM costs for implementing each strategy.

For a more detailed scope and/or better understanding of expectations, please see the following specific tasks. In the proposal submittal, the Proposer may recommend different/additional tasks and/or order of tasks based on experience and lessons learned conducting building energy assessment/analysis services.

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Task 1: Collect data and background information

Collect appropriate data and background information needed to fully understand: facility operations and maintenance (O&M); structural, mechanical, and electrical components and/or systems; and, energy use. Data/information collected may include the following:

a. Building area (square footage)

b. Construction date of building and major additions

c. Utility company invoices (e.g., Seattle City Light, Puget Sound Energy, etc.)

d. Occupancy and usage information

e. Description of all energy consuming or saving equipment used on the premises

f. Description of energy management procedures utilized on the premises

g. Description of any energy-related improvements made or currently being implemented

h. Description of any changes in structure of the facility or energy-using equipment

i. Description of future plans regarding building or equipment modifications and replacements

j. Drawings including mechanical, plumbing, electrical, buildings automation and temperature controls, structural, architectural, modifications, and remodels

k. Original construction submittals and factory data (specifications, pump curves, etc.)

l. Operating engineer logs, maintenance work orders, etc.

m. Records of maintenance expenditures on energy-using equipment, including service contracts

n. Prior energy audits or studies

FAS agrees to work diligently to furnish the consultant, upon request, accurate and complete data and information as available. Where information is not available from the City, consultant shall make a diligent effort to collect such information through facility inspection, staff interviews, utility companies, installation of meters and loggers, etc. The Consultant shall agree to work diligently to assess the validity of information provided and to confirm or correct the information as needed.

Task 2: Perform Inspection & Survey

Consultant shall interview property management, maintenance staff, subcontractors, occupants, and others regarding facility operations, including:

a. Energy management procedures

b. Equipment maintenance problems

c. Comfort problems and requirements

d. Equipment reliability

e. Projected equipment needs

f. Occupancy and use schedules for the facility and specific equipment

g. Facility improvements, including past, planned, and desired

Consultant shall inspect major energy-using equipment, including:

a. Heating and heat distribution systems

b. Cooling systems and related equipment

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c. Automatic temperature control systems and equipment

d. Air distribution systems and equipment

e. Outdoor ventilation systems and equipment

f. Exhaust systems and equipment

g. Hot water systems

h. Electric motors, transmission, and drive systems

i. Special systems (kitchen/dining equipment, swimming pools, laundry equipment, etc.)

j. Other energy-using systems

If deemed necessary, consultant shall install meters and loggers and/or perform “late-night” surveys outside of normal business hours or on weekends to confirm building systems, occupancy and equipment schedules, equipment energy use, etc.

Consultant shall develop preliminary list of potential energy conservation and O&M measures. Consultant should consider the following for each system:

a. Comfort and maintenance problems

b. Energy use, loads, proper sizing, efficiencies and hours of operation

c. Current operating condition

d. Remaining useful life

e. Feasibility of system replacement

f. Hazardous materials and other environmental concerns

g. FAS's future plans for equipment replacement or building renovations

h. Facility O&M procedures that could be affected

i. Capability to monitor energy performance and verify savings

FAS will allow the consultant reasonable access to facility staff to ensure understanding of existing systems and opportunities. FAS requests at least two weeks of notice to schedule access into facilities. The consultant shall agree to work diligently to assess validity of information provided and to confirm or correct the information as needed.

Task 3: Base Year Consumption

Consultant shall establish appropriate base year consumption by examining utility data for the past two years (at a minimum) for electricity, natural gas, and any other applicable utilities in terms of energy units (kWh, kW, CCF, Therms, gallons, or other units used in bills) and dollars. Consultant shall also describe the process used to determine the base year (averaging, selecting most representative contiguous 12 months, removal of anomalies, or other statistical or weather-normalized method). In addition, the consultant shall consult with facility personnel to account for any anomalous utility use/billings that could skew the base year representation. Periods of time when equipment was broken or malfunctioning should be taken into consideration in base year calculations as well.

Contract shall estimate loading, usage, and/or hours of operation for all major end uses representing over five percent of total facility consumption including, but not limited to:

a. Heating

b. Cooling

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c. Motors (fans and pumps)

d. Plug loads

e. Kitchen equipment

f. Other major energy and water using equipment

Where loading or usage are highly uncertain (including variable loads such as cooling), consultant shall use its best judgment, spot measurements, or short-term monitoring (e.g., loggers, meters, etc.) per direction from FAS. Equipment run hours may not be equal to the operating hours of the facility, and therefore should be confirmed.

Consultant shall reconcile annual end-use estimated consumption with the annual base year consumption and demand to within five percent for energy (electricity, natural gas, steam). The miscellaneous category can be no greater than five percent. Reconciliation will place reasonable limits on potential savings.

Task 4: preliminary analysis

The goal of the building energy assessment/analysis is to determine whether 20% energy savings is feasible, and if so, how such savings can be achieved and how much it will cost. Therefore, consultant shall develop a preliminary analysis of potential energy conservation and O&M measures that will reduce energy by 20% at a minimum. Consultant shall list all potential opportunities, whether cost-effective or not. Consultant shall consider technologies in a comprehensive approach including, but not limited to:

a. Heating, ventilating, and air conditioning equipment and distribution systems

b. Controls systems

c. Building envelope

d. Motors

e. Kitchen equipment

f. Renewable energy or heat recovery systems

g. Other special equipment

For each measure, the consultant shall prepare a preliminary estimate of energy use and cost savings including description of analysis methodology, supporting calculations, and assumptions used to estimate savings.

To confidently determine whether a minimum of 20% energy savings is feasible, Consultant may need to perform energy modeling/computer simulation to understand/confirm how energy is being used in a facility and verify that proposed measures will achieve targeted reductions.

Task 5: Preliminary Investment Grade Audit Presentation/Meeting

Consultant shall meet with FAS to distribute and present preliminary assessment and analysis of energy use and potential savings opportunities prior to completing analysis. Consultant shall develop a list of recommended measures for further analysis. FAS shall, at its discretion, have the option to reject any presented calculations of savings, potential savings allowed, or project recommendations.

FAS, and potentially local Utilities, will review and provide comments on the preliminary analysis and measures recommended for further analysis to the consultant. As such, FAS requests at least two weeks to thoroughly review and provide comments.

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Task 6: Analyze each Energy Conservation and O&M Measure

Consultant shall further analyze mutually agreed to energy conservation and O&M measures to verify savings and costs. For each measure:

a. Follow the methodology of the American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE) or other nationally-recognized authorities following the engineering principle(s) identified for each retrofit option.

b. Utilize assumptions, projections, and baselines which best represent the true value of future energy or operational savings. Include accurate marginal costs for each unit of savings at the time the audit is performed, documentation of material and labor cost savings, adjustments to the baseline to reflect current conditions at the facility, and calculations which account for the interactive effects of the recommended measures.

c. Use best judgment regarding the employment of instrumentation and recording durations so as to achieve an accurate and faithful characterization of energy use.

d. Develop a preliminary measurement and verification plan for each measure.

e. Follow additional guidelines for analysis and report preparation given below.

Task 7: Draft Assessment/Analysis Report

Consultant shall prepare a draft comprehensive energy assessment/analysis report. Generally, the report should include the below sections and information. The Proposer may propose different/additional and/or order/layout of sections and information in the proposal submittal.

a. An executive summary of analysis including, but not limited to:

i. Summary description of the existing facility

ii. Summary table of recommended energy conservation and O&M measures, with each measure’s estimated design and construction costs, annual maintenance costs, the first year cost avoidance (in dollars and energy units), simple payback, and equipment service life

iii. Summary of annual energy (by fuel type) use and costs of existing or base year condition

iv. Calculation of cost savings expected if all recommended measures are implemented and total percent savings of total facility energy costs

v. Summary description of measures, including estimated costs and savings for each as detailed above

vi. Discussion of measures considered but not investigated in detail

vii. Conclusions and recommendations

b. Full written description of the existing facility, including but not limited to:

i. Current operational characteristics and maintenance program

ii. Structural, mechanical, and electrical components and systems

c. Full written description of energy consumption evaluation (base year energy use), including but not limited to:

i. Description and itemization of current billing rates

ii. Summary of all utility bills for all fuel types

iii. Identification and definition of base year consumption and description of how established

iv. Reconciliation of estimated end use consumption (i.e., cooling, heating, fans, plug loads, etc.) with base year (include discussion of any unusual findings)

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v. Energy use benchmarks, trends, and patterns

d. Full written description of each energy conservation and O&M measure, including but not limited to:

i. Existing conditions

ii. Description of equipment to be installed and how it shall function

iii. Discussion of facility O&M procedures that shall be affected by installation/implementation

iv. Present plan for install or implementing the recommendation

v. Savings calculations, which may include:

Base year energy use and cost

Post-retrofit energy use and cost

Savings estimates including analysis methodology, supporting calculations, and assumptions used

Annual savings estimates

Percent cost-avoidance projected

Description and calculations for any proposed rate changes

Explanation of how savings duplication or interaction between retrofit options is avoided

O&M savings, including detailed calculations and description

If computer simulation is used, include a short description and state key input data. If requested by FAS, access will be provided to the program and all assumptions and inputs used, and/or electronic copy(ies) shall be provided of all input files and important output files and included in the audit with documentation that explains how the final savings figures are derived from the simulation program output printouts

If manual calculations are employed, formulas, assumptions, and key data shall be stated

Conclusions, observations, and caveats

i. Cost estimate, which may include:

Scope of the construction work needed, suitable for cost estimating. Include all anticipated costs associated with installation and implementation. Provide preliminary specifications for major mechanical components.

Engineering/design costs

Consultant/vendor estimates for labor, materials, and equipment; include special provisions, overtime, and all other appropriate items, as needed to accomplish the work with minimum disruption to the operations of the facilities.

Permit costs

Construction management fees

Performance/payment bond costs

Commissioning costs

Other costs/fees

Company overhead/profit

Environmental costs or benefits (disposal, avoided emissions, handling of hazardous materials, and any other related costs).

ii. Miscellaneous, which may include:

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Estimate of average useful service life of equipment

Preliminary commissioning plan

Preliminary measurement and verification plan, explaining how each measure is to be measured and verified (stipulated by agreement, utility bill analysis, end-use measurement and calculation, etc.)

Discussion of impacts that facility would incur after contract ends.  Consider O&M impacts, staffing impacts, budget impacts, etc.

Compatibility with existing systems

e. Complete appendices including, but not limited to, data used to prepare analysis, description of how data was collected, and all usage savings and cost estimate calculations.

Task 8: Meet with FAS

Consultant shall meet with FAS to review the energy conservation and O&M measures in the comprehensive energy assessment/analysis report. To ensure the meeting is as productive as possible, consultant shall distribute the draft report to FAS two weeks prior to the meeting to provide ample time for review and to prepare comments. Revise report as directed by FAS.

Task 9: Final Comprehensive Energy Assessment/Analysis Report

Complete and distribute final comprehensive energy assessment/analysis report to FAS for approval.

Note that all deliverables shall be made available to the City, upon request, in the form of hard copies and electronically, including all associated materials and data used for the building analysis, such as but not limited: cost estimate calculations, energy savings estimate calculations, energy modeling/computer simulation, etc.

6.Contract ModificationsThe City has attached its boilerplate contract terms (see Section 11 - Attachments) with this solicitation to allow Proposers an opportunity to be familiar with boilerplate, and all non-negotiable terms prior to investing time into submitting a proposal. Any questions about the City’s Contract boilerplate should be made prior to the end of the question period.

If a Consultant seeks to modify the Contract, the Consultant must submit a request with their Proposal taking an “Exception”. The Consultant must provide a revised version that clearly shows their proposed alternative contract language. The City is not obligated to accept any modifications proposed by the Consultant. If you request Exceptions that materially change the character of the contract, the City may reject the Consultant’s Proposal as non-responsive. The City cannot modify provisions mandated by Federal, State or City law. This specifically includes, but is not necessarily limited to: Equal Benefits, Audit (Review of Vendor Records), Women and Minority Businesses (WMBEs) and EEO, Confidentiality, and Debarment. Exceptions to those provisions will be summarily disregarded. In addition, City administration cannot agree to any form of mutual indemnification.

Although the City may open discussions with the highest ranked apparent successful Proposer to align the proposal or contract to best meet City needs, this does not ensure consideration or negotiation of modifications proposed by the consultant through the exception process above.

7. Instructions, Procedures and RequirementsThis section details the City instructions and requirements for your submittal. The City reserves the right in its sole discretion to reject the submittal of any Consultant that fails to comply with the instructions.

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7.1 Registration into City Registration SystemIf you have not previously completed a one-time registration into the City of Seattle Registration system, register at: http://www2.seattle.gov/ConsultantRegistration/. The City expects all firms to register. Women- and minority- owned firms are asked to self-identify. For assistance, call 206-684-0444.

7.2 Pre-Proposal ConferenceThe City shall conduct an optional pre-proposal conference on March 7, 2012 from 1:30 to 2:45 p.m. at the Seattle Municipal Tower, room 4080 on the 40th floor. Proposers are highly encouraged to attend but not required to attend in order to be eligible to propose. The purpose of the meeting is to answer questions about the solicitation and clarify issues. This also allows Proposers to raise concerns. Failure to raise concerns over any issues at this opportunity will be a consideration in any protest filed regarding such items that were known as of this pre-proposal conference.

7.3 QuestionsProposers may submit written questions to the CPM at any time until the deadline stated on page 1. The City prefers questions be through e-mail to the CPM. Failure to request clarification of any inadequacy, omission, or conflict will not relieve the Consultant of responsibilities under in any subsequent contract. It is the responsibility of the interested Consultant to assure they receive responses to questions if any are issued.

7.4 Changes to the RFP/AddendaA change may be made by the City if, in the sole judgment of the City, the change will not compromise the City’s objectives in this acquisition. A change to this RFP will be made by formal written addendum issued by the CPM’s Addenda and shall become part of this RFP and included as part of the Contract.

7.5 Receiving Addenda and/or Question and AnswersIt is the obligation and responsibility of the Consultant to learn of addendums, responses, or notices issued by the City.

Note that some third-party services independently post City of Seattle solicitations on their websites as well. The City does not, however, guarantee that such services have accurately provided submitters with all the information published by the City.

All submittals sent to the City may be considered compliant to all Addendums, with or without specific confirmation from the Consultant that the Addendum was received and incorporated, at the sole discretion of the CPM. The CPM may reject the submittal if it does not fully incorporate an Addendum.

7.6 Proposal Submittala. Proposals must be received into the City no later than 5pm on March 16, 2012 except as revised by

Addenda.

b. All pages are to be numbered sequentially. The format should follow closely that requested in this RFP.

c. The City has a 35 page limits, not including covers and tabs, specified in the submittal instructions section. Any pages that exceed the page limit will be excised from the document for purposes of evaluation. Required City Compliance Declarations, Inclusion Plans, and Questionnaires are not included in the page limit.

d. The submitter has full responsibility to ensure the response arrives at the City within the deadline. A response submitted or delivered after the time fixed for receipt will not be accepted unless waived as immaterial by the City given the specific fact-based circumstances. Responses arriving after the deadline may be returned unopened to the Consultant; or the City may accept the package and make a determination as to lateness.

Electronic SubmittalThe City prefers an electronic submittal, in lieu of a paper submittal.

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a. The electronic submittal is to be e-mailed to the CPM/Procurement Contact e-mail address (see page 1), on or before the deadline (Procurement Schedule, Table 1, Page 1 or as otherwise amended).

b. Title the e-mail very clearly with the RFP title and number and your company name.

c. Any risks associated are borne by the Proposer.

d. The City e-mail system will generally allow documents up to, but no larger than, 12 Megabytes.

7.7 License and Business Tax RequirementsAny resultant contract may require the additional licensing listed below. The Consultant needs to meet all licensing requirements that apply to their business immediately after contract award or the City may reject the Consultant. Companies must license, report and pay revenue taxes for the Washington State business License (UBI#) and Seattle Business License, if they are required by the laws of those jurisdictions. The Consultant should carefully consider those costs prior to submitting their offer, as the City will not separately pay or reimburse those costs to the Consultant.

Seattle Business Licensing and associated taxesa. If you have a “physical nexus” in the city, you must obtain a Seattle Business license and pay all taxes

due before the Contract can be signed.

b. A “physical nexus” means that you have physical presence, such as: a building/facility located in Seattle, you make sales trips into Seattle, your own company drives into Seattle for product deliveries, and/or you conduct service work in Seattle (repair, installation, service, maintenance work, on-site consulting, etc).

c. We provide a Consultant Questionnaire Form in our submittal package items later in this RFP, and it will ask you to specify if you have “physical nexus”.

d. All costs for any licenses, permits and Seattle Business License taxes owed shall be borne by the Consultant and not charged separately to the City.

e. The apparent successful Consultant(s) must immediately obtain the license and ensure all City taxes are current, unless exempted by City Code due to reasons such as no physical nexus. Failure to do so will result in rejection of the submittal.

f. Self-Filing You can pay your license and taxes on-line using a credit card https://dea.seattle.gov/self/

g. For Questions and Assistance, call the Revenue and Consumer Protection (RCP) office which issues business licenses and enforces licensing requirements. The general e-mail is rca@seattle.gov. The main phone is 206-684-8484, or call RCA staff for assistance (Anna Pedroso at 206-615-1611, Wendy Valadez at 206-684-8509 or Brenda Strickland at 206 684-8404).

h. The licensing website is http://www.seattle.gov/rca/taxes/taxmain.htm.

i. The City of Seattle website allows you to apply and pay on-line with a Credit Card if you choose.

j. If a business has extraordinary balances due on their account that would cause undue hardship to the business, the business can contact the RCA office (see contacts above in #7) to request additional assistance. A cover-sheet providing further explanation, along with the application and instructions for a Seattle Business License is provided below for your convenience.

k. Please note that those holding a City of Seattle Business license may be required to report and pay revenue taxes to the City. Such costs should be carefully considered by the Consultant prior to submitting your offer. When allowed by City ordinance, the City will have the right to retain amounts due at the conclusion of a contract by withholding from final invoice payments.

State Business Licensing

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Before the contract is signed, you must have a State of Washington business license (a “Unified Business Identifier” known as a UBI#). If the State of Washington has exempted your business from State licensing (for example, some foreign companies are exempt and in some cases, the State waives licensing because the company does not have a physical presence in the State), then submit proof of that exemption to the City. All costs for any licenses, permits and associated tax payments due to the State as a result of licensing shall be borne by the Consultant and not charged separately to the City. Instructions and applications are at http://www.dol.wa.gov/business/file.html and the State of Washington Department of Revenue is available at 1-800-647-7706.

Federal Excise TaxThe City is exempt from Federal Excise Tax (Certificate of Registry #9173 0099K exempts the City).

7.8 Proposer Responsibility to Provide Full ResponseIt is the Proposer’s responsibility to provide a full and complete response that does not require interpretation or clarification by the City. The Proposer is to provide all requested materials, forms and information. The Proposer is to ensure the materials submitted properly and accurately reflects the Proposer’s offering. During scoring and evaluation (prior to interviews if any), the City will rely upon the submitted materials and shall not accept materials from the Proposer after the RFP deadline; this does not limit the City right to consider additional information (such as references that are not provided by the Proposer but are known to the City, or past City experience with the consultant), or to seek clarifications as needed.

7.9 No Guaranteed UtilizationThe City does not guarantee utilization of this contract. The solicitation may provide estimates of utilization; such information is for Consultant convenience and not a usage guarantee. The City reserves the right to multiple or partial awards, and/or to order work based on City needs. The City may turn to other appropriate contract sources or supplemental contracts, to obtain these same or similar services. The City may resolicit for new additions to the Consultant pool. Use of such supplemental contracts does not limit the right of the City to terminate existing contracts for convenience or cause.

7.10 Expansion ClauseNote that the contract strictly limits the expansion of scope and addition of new work that has not been expressly provided for within the RFP Scope of Work. The Proposers are to bring forward any questions about the scope that should be named within the solicitation, during the Q&A period.

7.11 Right to Award to Next Low ConsultantIf a contract is executed as a result of this solicitation process and is terminated within 90-days, the City reserves the option to return to the solicitation process to award the contract to the next highest ranked responsive Consultant by mutual agreement with such Consultant.  Any new award may also be allowed this right.

7.12 Background ChecksThe City will require background/criminal checks during the course of the contract for essential City purposes. The consultant will likely perform energy management services on/for emergency management facilities, which therefore requires background checks to access these facilities. The City does not intend to request such background checks unless essential in the opinion of the City.

7.13 NegotiationsThe City may open discussions with the apparent successful Proposer, to negotiate costs and modifications to the proposal or the contract, in order to align the proposal or contract to meet City needs within the scope sought by the RFP.

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7.14 Effective Dates of OfferSolicitation responses are considered valid until the City completes award. Should any Proposer object to this condition, the Proposer must object prior to the Q&A deadline on page 1.

7.15 Cost of Preparing ProposalsThe City will not be liable for any costs incurred by the Proposer to prepare, submit and present proposals, interviews and/or demonstrations.

7.16 ReadabilityProposers are advised that the City’s ability to evaluate proposals is dependent on the Proposer’s submittal document, including organization, level of detail, comprehensive material and readable.

7.17 Changes or Corrections to Proposal SubmittalPrior to the submittal closing date and time, a Consultant may make changes to its proposal, if initialed and dated by the Consultant. No changes are allowed after the closing date and time.

7.18 Errors in ProposalsProposers are responsible for errors and omissions in their proposals. No such error or omission shall diminish the Proposer’s obligations to the City.

7.19 Withdrawal of ProposalA submittal may be withdrawn by written request of the submitter, prior to the closing date and time. After the closing date and time, the submittal may be withdrawn only with permission by the City.

7.20 Rejection of ProposalsThe City reserves the right to reject any or all proposals at any time with no penalty. The City also has the right to waive immaterial defects and minor irregularities in any submitted proposal.

7.21 Incorporation of RFP and Proposal in ContractThis RFP and the Proposer’s response, including all promises, warranties, commitments, and representations made in the successful proposal as accepted by the City, shall be binding and incorporated by reference in the City’s contract with the Proposer.

7.22 Independent ContractorThe Consultant works as an independent contractor. Although the City provides responsible contract and project management, this is distinguished from a traditional employer-employee function. This contract prohibits Consultant workers from supervising City employees, and prohibits Consultant workers from supervision by a City employee. Prohibited supervision tasks include conducting a City of Seattle Employee Performance Evaluation, preparing and/or approving a City of Seattle timesheet, administering employee discipline, and similar supervisory actions.

Contract workers shall not be given City office space unless expressly provided for below, and in no case shall such space be made available for more than 36 months without specific authorization from the CPM.

The City will not provide space in City offices for performance of this work. Consultants are required to perform work from their own office space or in the field, as appropriate to the work.

7.23 Equal BenefitsSeattle Municipal Code Chapter 20.45 (SMC 20.45) requires consideration of whether Proposers provide health and benefits that are the same or equivalent to the domestic partners of employees as to spouses of employees, and of their dependents and family members. The Vendor Questionnaire requested in the Submittal instructions includes an “Equal Benefits Compliance Declaration,” which is the mandatory form on which you make a designation about the status of such benefits. If your company does not comply with Equal Benefits and does not

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intend to do so, you must still supply the information on the Declaration. Instructions are provided on the Declaration. This applies to all City contracts with an estimated value at or above $44,000 a year.

7.24 Women and Minority SubcontractingIt is the policy of the City, as directed through Mayor’s Executive Order and City ordinance to provide the maximum practicable opportunity for successful participation of minority and women-owned subcontracts. The City requires all proposers agree to SMC Chapter 20.42, and requires proposers to seek meaningful subcontracting opportunities and supply a plan for including minority- and women-owned firms.

The solicitation requires you to submit an Inclusion Plan, which will be a material part of the contract. The Plan must be responsive in the opinion of the City, which means a meaningful and successful search and commitments to include WMBE firms for subcontracting work when applicable. The City reserves the right to improve the Plan with the winning Consultant before contract execution. Consultants should use whatever selection methods and strategies the Consultant finds effective for successful WMBE participation. At the request of the City, Consultants must furnish evidence of the Consultant's compliance, including documentation such as copies of agreements with WMBE subcontractor either before contract execution or during contract performance. The winning Consultant must request written approval for changes to the Inclusion Plan once it is agreed upon. This includes changes to goals, subconsultant awards and efforts.

7.25 Insurance RequirementsAny specific City insurance requirements will be provided as an Attachment. If attached, provide proof of insurance to the City before Contract execution. The City will remind the apparent successful proposer in the Intent to Award letter. The apparent successful Proposer must promptly provide proof of insurance to the CPM.

Consultants are encouraged to immediately contact their Broker to begin preparation of the required insurance documents, in the event that the Consultant is selected as a finalist. Proposers may elect to provide the requested insurance documents within their Proposal.

7.26 Proprietary and Confidential Material

Requesting Disclosure of Public RecordsThe City asks interested parties to refrain from requesting public disclosure of proposal records until a contract is executed. This measure is intended to shelter the solicitation process, particularly during the evaluation and selection process or in the event of a cancellation or resolicitation. With this preference stated, the City will continue to be responsive to all requests for disclosure of public records as required by State Law.

Marking and Disclosing MaterialThe State of Washington’s Public Records Act (Release/Disclosure of Public Records)Under Washington State Law (reference RCW Chapter 42.56, the Public Records Act) all materials received or created by the City of Seattle are considered public records. These records include but are not limited to proposal submittals, agreement documents, contract work product, or other material.

The State of Washington’s Public Records Act requires that public records must be promptly disclosed by the City upon request unless a judge rules that RCW or another Washington State statute specifically exempts records from disclosure. Exemptions are narrow and explicit and are listed in Washington State Law (Reference RCW 42.56 and RCW 19.108).

Proposers must be familiar with the Washington State Public Records Act and the limits of record disclosure exemptions. For more information, visit the Washington State Legislature’s website at http://www1.leg.wa.gov/LawsAndAgencyRules).

If you believe any records you are submitting to the City as part of your submittal or contract work product, are exempt from disclosure you can request that the City not release the records until the City notifies you about the pending disclosure. To make that request, you must complete the appropriate portion of the Consultant Questionnaire (Non-Disclosure Request Section) and very clearly and specifically identify each record and the

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exemption(s) that may apply. If you are awarded a City contract, the same exemption designation will carry forward to the contract records.

The City will not withhold materials from disclosure simply because you mark them with a document header or footer, page stamp, or a generic statement that a document is non-disclosable, exempt, confidential, proprietary, or protected. Do not identify an entire page as exempt unless each sentence is within the exemption scope; instead, identify paragraphs or sentences that meet the specific exemption criteria you cite on in the Consultant Questionnaire. Only the specific records or portions of records properly listed on the Consultant Questionnaire will be protected and withheld for notice. All other records will be considered fully disclosable upon request.

If the City receives a public disclosure request for any records you have properly and specifically listed on the Consultant Questionnaire, the City will notify you in writing of the request and postpone disclosure, providing sufficient time for you to pursue an injunction and ruling from a judge. While it is not a legal obligation, the City, as a courtesy, allows up to ten business days to file a court injunction to prevent the City from releasing the records (reference RCW 42.56.540). If you fail to obtain a Court order within the ten days, the City may release the documents.

By submitting for this solicitation, the Consultant acknowledges the obligation to clearly identify such records within the Consultant Questionnaire, and that the City has no obligation or liability to the proposer if the records are disclosed.

7.27 Ethics CodePlease familiarize yourself with the City Ethics code: http://www.seattle.gov/ethics/etpub/et_home.htm. Attached is a pamphlet for Consultants, Customers and Clients. Specific question should be addressed to the staff of the Seattle Ethics and Elections Commission at 206-684-8500 or via email: (Executive Director, Wayne Barnett, 206-684-8577, wayne.barnett@seattle.gov or staff members Kate Flack, kate.flack@seattle.gov and Mardie Holden, mardie.holden@seattle.gov).

No Gifts and Gratuities. Consultants shall not directly or indirectly offer anything of value (such as retainers, loans, entertainment, favors, gifts, tickets, trips, favors, bonuses, donations, special discounts, work, or meals) to any City employee, volunteer or official, if it is intended or may appear to a reasonable person to be intended to obtain or give special consideration to the Consultant. An example is giving a City employee sporting event tickets to a City employee that was on the evaluation team of a solicitation to which you submitted. The definition of what a “benefit” would be is very broad and could include not only awarding a contract but also the administration of the contract or the evaluation of contract performance. The rule works both ways, as it also prohibits City employees from soliciting items of value from Consultants. Promotional items worth less than $25 may be distributed by the Consultant to City employees if the Consultant uses the items as routine and standard promotions for the business.

Involvement of Current and Former City EmployeesIf a Consultant has any current or former City employees, official or volunteer, working or assisting on solicitation of City business or on completion of an awarded contract, you must provide written notice to City Purchasing of the current or former City official, employee or volunteer’s name. The Consultant Questionnaire within your submittal documents prompts you to answer that question. You must continue to update that information to City Purchasing during the full course of the contract. The Consultant is to be aware and familiar with the Ethics Code, and educate Consultant workers accordingly.

Contract Workers with more than 1,000 HoursThe Ethics Code has been amended to apply to Consultant company workers that perform more than 1,000 cumulative hours on any City contract during any 12-month period. Any such Consultant company employee

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covered by the Ethics Code must abide by the City Ethics Code. The Consultant is to be aware and familiar with the Ethics Code, and educate Consultant workers accordingly.

No Conflict of InterestConsultant (including officer, director, trustee, partner or employee) must not have a business interest or a close family or domestic relationship with any City official, officer or employee who was, is, or will be involved in selection, negotiation, drafting, signing, administration or evaluating Consultant performance. The City shall make sole determination as to compliance.

8.Response FormatSubmit proposal with the following format and attachments. Failure to clearly and completely provide all information below, on forms provided and in order requested, may result in rejection as non-responsive.

1. Letter of interest (optional).2. Legal Name: Submit a certificate, copy of web-page, or other documentation from the Secretary of State

in which you incorporated that shows your legal name as a company. Many companies use a “Doing Business As” name or a nickname in their daily business. However, the City requires the legal name of your company, as it is legally registered. When preparing all forms below, be sure to use the proper company legal name. Your company’s legal name can be verified through the State Corporation Commission in the state in which you were established, which is often located within the Secretary of State’s Office for each state. For the State of Washington, see ( http://www.secstate.wa.gov/corps/ ).

3. Minimum Qualifications: Provide a single page that clearly lists each Minimum Qualification, and exactly how you achieve each minimum qualification. Remember that the determination that you have achieved all the minimum qualifications is made from this page. The CPM is not obligated to check references or search other materials to make this decision.

4. Mandatory - Consultant Questionnaire: Submit the following form with your proposal package. Be sure to submit this, even if you have sent one in to the City on previous solicitations or contracts.

5. Consultant Inclusion Plan – Mandatory: The dollar amount of the potential contract is below the threshold that mandates a formal inclusion plan. However, FAS is interested in learning how Proposers would incorporate WMBE subcontractors should the need to engage additional technical assistance/expertise to perform the tasks outlined in Section 5 present itself. Please submit a plan/strategy for identifying opportunities and soliciting subcontractors to fairly incorporate WMBEs.

6. Mandatory – Contract Exceptions: This submittal details any “Exceptions” you request to the City contract boilerplate, following all the limits provided in Section 7 of the RFP.

7. Mandatory - Proposal Response: This document details the forms, documents, and format for your proposal response to the City. Elements of the proposal response will be scored or ranked by the Evaluation Committee according to the evaluation criteria and weight listed below. Proposers will, at a minimum, describe the following:

Experience: Describe experience in assessing, auditing, and/or analyzing facilities to identify utility efficiency and

conservation opportunities. Provide a list of all projects completed in the past five years, including contract value, client contact, and client phone number. For firms in business less than five years, document the above information for actual time in business. City seeks at least five (5) projects in Washington for similar public agencies/municipalities. Identify which of these will be references the City can contact (see Section 4 Minimum Qualifications). If you do not have five projects within Washington for similar public agencies/municipalities, you may provide experience and references for

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projects outside of Washington. City seeks at least one (1) project where proposer performed energy modeling/computer simulation to analyze building energy consumption and verify savings from recommended conservation measures.

Describe experience with designing, costing, and/or managing the installation/construction of energy conservation and O&M measures, including, but not limited to: heating system upgrades, chilled water system upgrades, heating and air conditioning systems, heat recovery, energy management and control systems, lighting and lighting control systems, water conservation, and other utility system improvements. Proposers will be evaluated on the range and types of measures identified, in addition to demonstrated approach to holistically identifying strategies and measures to achieve target savings.

Describe experience coordinating with local utilities to identify and/or secure utility incentives for efficiency/conservation measures.

Describe experience with measurement and verification or third party verification of proposed energy conservation and O&M projects.

Provide the qualifications and/or resumes of staff who will be assigned to this project and of any sub-contractors/consultants included on the Proposer’s team.

Based on experience and lessons learned conducting building energy assessment/analysis services, Proposers may choose to recommend revisions to the scope of work that may better achieve the stated objective of determining whether it is feasible, what measures need to be implemented, and what it will cost to achieve a minimum of 20% energy reduction in each facility.

Computation of Energy Baseline and Post-Installation Energy Use Provide the methodology to compute energy and utility baseline and for calculating post-installation

savings, including the methodology when individual buildings may lack separate metering. Describe equipment and personal capabilities to monitor energy usage for pre- and post-installation.

Provide at least three (3) specific case histories of installation of recommended measures to display the accuracy of the computation of energy use, including the energy usage baseline and actual post installations, sufficient for the City to understand how closely the anticipated savings have matched the actual realized savings. If there was a correction or shortfall in the energy savings, describe the reasons for the shortfall.

Fee Schedule Submit with your proposal the hourly rate structure that will be charged for the services described in

the Section 5. Scope of Work that may be utilized by the City. Describe your mark-up and fee schedule, commission, and overhead.

Provide a cost estimate and schedule to conduct proposed energy assessment/analysis services for Fire Station 25, including a breakout of staff hours and associated fees per task. See Section 5 for square footage and energy use and cost information and Section 11 for attached floor plans.

8.1 Procurement Package ChecklistThe SOQPA response should be packaged with each of the following documents. This list is for the convenience of bidders, to assist with quality control before submittal of your final package. Addenda may change this list; be sure to check any final instructions:

1. Letter of Interest (optional)

2. Vendor Questionnaire (see Embedded Form).

3. Proof of Legal Name

4. Minimum Qualifications Sheet

5. WMBE Inclusion Plan

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6. Contract Exceptions

7. Proposal Response (see Proposal Response Section, above).

9. Selection Process9.1 Initial ScreeningThe Project Manager shall review submittals for initial decisions on responsiveness and responsibility. Those found responsive and responsible based on this initial review shall proceed to Step 2. Equal Benefits, Minimum Qualifications, responsive Inclusion Plan, satisfactory past performance if applicable, satisfactory financial responsibility and other elements are screened in this Step.

9.2 Proposal EvaluationThe City will evaluate proposals using the criteria specified below. Responses will be evaluated and ranked or scored.

Evaluation Criteria

Experience 45%

Computation of energy baseline and post installation energy use 15%Realized Savings on past projects/experience that displays accuracy in predicting and realizing project savings and costs 15%

Cost proposal/fee schedule 10%

WMBE inclusion 5%

References 10%

9.3 InterviewsThe City may interview top ranked firms that are considered most competitive. If interviews are conducted, rankings of firms shall be determined by the City, using the combined results of interviews and proposal submittals. Consultants invited to interview are to bring the assigned CPM that has been named by the Consultant in the Proposal, and may bring other key personnel named in the Proposal. The Consultant shall not, in any event, bring an individual who does not work for the Consultant or for the Consultant as a subcontractor on this project, without specific advance authorization by the CPM.

9.4 Professional ReferencesThe City may contact one or more professional references that have been provided by the Proposer in the Consultant, or other sources that may not have been named by the Proposer but can assist the City in determining performance.

9.5 SelectionThe City shall select the highest ranked Proposer(s) for award.

9.6 Contract NegotiationsThe City may negotiate elements of the proposal as required to best meet the needs of the City, with the apparent successful Proposer. The City may negotiate any aspect of the proposal or the solicitation. The City does not intend to negotiate the base contract, which has been attached (See Attachments).

9.7 Repeat of EvaluationIf no Consultant is selected at the conclusion of all the steps, the City may return to any step in the process to repeat the evaluation with those proposals that were active at that step in the process. In such event, the City

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shall then sequentially step through all remaining steps as if conducting a new evaluation process. The City reserves the right to terminate the process if it decides no proposals meet its requirements.

9.8 Points of ClarificationThroughout the evaluation process, the City reserves the right to seek clarifications from any Proposer.

9.9 Equivalent ScoresIn the event that the top two Consultants receive the same total score, the contract will be awarded to that Consultant who best meets City needs, in the opinion of the City

10. Award and Contract ExecutionThe CPM intends to provide written notice of the intention to award in a timely manner and to all Consultants responding to the Solicitation.

Protests to CPMInterested parties that wish to protest any aspect of this RFP selection process are to provide written notice to the CPM for this solicitation.

Protests – City Purchasing and Contracting ServicesThe City has rules to govern the rights and obligations of interested parties that desire to submit a complaint or protest to this RFP process. Please see the City website at http://www.seattle.gov/contracting. Interested parties have the obligation to be aware of and understand these rules, and to seek clarification as necessary from the City. Note that there are time limits on protests, and submitters have final responsibility to learn of results in sufficient time for such protests to be filed in a timely manner.

DebriefsFor a debrief, contact the CPM.

Instructions to the Apparently Successful Consultant(s)The Apparently Successful Consultant(s) will receive an Intent to Award Letter from the CPM after award decisions are made by the City. The Letter will include instructions for final submittals that are due prior to execution of the contract.

Once the City has finalized and issued the contract for signature, the Consultant must execute the contract and provide all requested documents within ten (10) business days. This includes attaining a Seattle Business License, payment of associated taxes due, and providing proof of insurance. If the Consultant fails to execute the contract with all documents within the ten (10) day time frame, the City may cancel the award and proceed to the next ranked Consultant, or cancel or reissue this solicitation. Cancellation of an award for failure to execute the Contract as attached may disqualify the firm from future solicitations for this same work.

Checklist of Final Submittals Prior to AwardThe Consultant(s) should anticipate the Letter will require at least the following. Consultants are encouraged to prepare these documents as soon as possible, to eliminate risks of late compliance.

Seattle Business License is current and all taxes due have been paid.

State of Washington Business License.

Certificate of Insurance (if required)

Special Licenses (if any)

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Taxpayer Identification Number and W-9Unless the Consultant has already submitted a Taxpayer Identification Number and Certification Request Form (W-9) to the City, the Consultant must execute and submit this form prior to the contract execution date.

11. AttachmentsFor convenience, the following documents have been embedded in Icon form within this document. To open, double click on Icon.

Attachment #1: Insurance Requirements No proof of insurance is required.

Proof of insurance is required, see the embedded requirements below.

Attachment #2: Consultant Contract

Attachment #3: Fire Station 25 Floor Plan

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