8. questions - l.a. energy and water efficiency ... · web viewnature of the work (benchmarking,...

Powered By

EXAMPLE REQUEST FOR PROPOSALS:BENCHMARKING SERVICE PROVIDERS

In December, 2016, the City of Los Angeles enacted Ordinance # No, 184674, the Existing Building Energy and Water Efficiency Ordinance, which requires the Benchmarking of all buildings over 100,000 gross square feet by November 2017 using ENERGY STAR Portfolio Manager (see www.betterbuildingsLA.com for updates).

While you are free to perform benchmarking using internal staff, some companies choose to hire third-party experts to perform the work. In order to assist you in obtaining third-party Benchmarking services for your property, the Resource Center has developed the attached Request for Proposals template, which is free for your use in obtaining qualified bids for the benchmarking work.

Of course, each project is different, and we advise you to modify the template as appropriate for your needs, and to have your own Legal Counsel review the final document before you issue it to bidders.

The Resource Center is pleased that you have commenced with this important effort, and our staff remains available to help you accomplish this goal.

We ask that you recognize that due to the limited nature of the services provided by the Resource Center, that by using all or part of this template, to the fullest extent permitted by law, you agree to indemnify and hold harmless the Resource Center, the LADWP, SoCalGas, and their agents, sub-consultants and employees from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees arising out of or resulting from the performance this solicitation of Proposals. This limitation shall apply regardless of the cause of action or legal theory pled or asserted.

How to use this Template

Of course, review the Template in its entirety. We have highlighted in red those items that require specific input from you.

Where we offer suggestions, those are also italicized.

The Appendix is not highlighted in red: Review the items listed, and delete or modify those that apply to you.

Remember, the fees for this work are fairly small; try to keep the RFP efforts to a minimum, or the cost of responding to the RFP will discourage many qualified firms.

http://www.betterbuildingsLA.com/

EXAMPLE ONLYPlease modify the template as appropriate for your needs, and to have your own Legal Counsel

review the final document before you issue it to bidders.

REQUEST FOR PROPOSALSENERGY STAR PORTFOLIO MANAGER BENCHMARKING SERVICES

INTRODUCTION

The City of Los Angeles has issued Ordinance No. 184674, the Existing Buildings Energy and Water Efficiency Ordinance, which mandates the Benchmarking of all buildings’ energy, water, and gas consumption by means of the Energy Star Portfolio Manager Account. We at (CLIENT’S NAME, ‘Client’) are soliciting proposals to accomplish this benchmarking to the satisfaction of the Ordinance.

The purpose of this RFP is to select a qualified Firm that agrees to comply with the requirements as described herein. Shortlisted firms may be invited to make an in-person presentation of their Proposal for final selection by Client.

1. GENERAL

Client is soliciting Proposal packages from parties (‘Firms’, ‘you’) to perform Benchmarking Services for our property(s) located at (address(es)). In order to accelerate the procurement process, the Client will select a Firm based on a review of this RFP and a brief interview, as opposed to conducting a lengthy RFP process.

Final award for the work will be made by the Client on a lump-sum fee basis, using standard Contract provisions.

Review the Appendix attached hereto to confirm your ability to perform these services if selected.

2. DESCRIPTION OF THE PROPERTY

The property is (describe; the number of buildings, age of property, type(s) of occupancy including parking, square footage by occupancy type, number of utility meters. Provide enough information to allow bidders to develop their costs without time-consuming or extensive questions, multiple site visits, etc.).

3. ITEMS FURNISHED BY CLIENT

The Client will provide the following to the successful Firm (review and revise as necessary):List of all electricity, gas, and water metersMetering configuration(s)Square footages of each type of space per meterOccupancy type(s)Hours of operationInformation regarding shared systems



4. SCOPE OF SERVICES

The Scope of Services of the Firm will generally include the following, as may be mutually amended by the successful Firm and/or the Client.

A. Establish ENERGY STAR Portfolio Manager (‘ESPM’) Account:

1. (If no Portfolio Account already exists:) Establish Portfolio Manager Account(s) in accordance with the Ordinance, with proper permissions set-up for sharing, etc. Client will establish the appropriate access level (View or Edit access). (If Account already exists:) Update the Client’s existing Portfolio Manager Account(s) with aggregated utility data.

2. Add or update the property details in Energy Star Portfolio Manager sufficiently to obtain compliance.

3. Give Client full unrestricted access to and ability to transfer and/or share the ESPM Account(s).

B. Upload and review Data:

1. Ensure whole building energy (electricity and gas) and water data are entered in the ESPM.

2. Coordinate and obtain missing data from LADWP and/or SoCalGas if necessary, and provide estimates, following the ESPM guidelines, for any and all missing data that must be interpolated.

3. Perform Quality Control review of all data review and resolve any issues, including but not limited to:a. Property Detailsb. Utility usage entries, gaps / overlaps c. Changes in occupance, hours, use

4. Site visits as required to obtain the necessary data.

5. Meetings with the Client to discuss findings.

C. Submit Reports:

1. ‘Benchmarking Report’ shall be submitted by the Firm on behalf of the Client, to the Los Angeles Department of Building and Safety (LADBS), and amended as necessary to include final resolution of any LADBS comments, or corrections. Insure that the LADBS issued Building ID is entered under ‘Standard ID’s’ in ESPM.

2. ‘Target Finder Report’ shall be submitted by Firm to the Client, with assessment of savings over time, and referencing the property(‘s’) compliance date for the Performance requirements of the Ordinance.

3. The Firm shall complete the LADBS registration.



5. TERM

The Client anticipates that the work will commence on or about (MM/YYYY), and be completed no later than (MM/YYYY– allow 2 months for a simple, single property). Client may, at Client’s option, request further services from the Firm for other properties held by the Client. Firm’s fee will be considered to be fixed for one year from the start date of the first project.

6. SUBMITTAL REQUIREMENTS OF THIS RFQ

All qualifications submittals shall be submitted electronically in PDF format, to:

(Email address of responsible party)

7. DEADLINES

(Generally, schedule site walks at approximately 10 days after the RFP is issued. Allow another 10 days for Q&A after the site walk, prior to the Proposal Due Date)Site walk by Firms: MM/DD/YYYY

Proposals are due no later than 4 PM on MM/DD/YYYY.

8. QUESTIONS

a) All questions and other inquiries regarding the RFP shall be addressed in writing to (responsible party) as set forth above. The Client will decide whether the information provided to Firms is sufficient to answer the question or inquiry, and at its discretion will provide a response where the Client thinks it is appropriate.

b) Firms may request clarifications via letter or email. If warranted, the response will be provided as an addendum to the original Request for Proposal.

9. SPECIFIC FORMAT OF FIRM’S SUBMITTAL

Tab 1: Nature of the Firm

a) Describe the type of Firm, its organization, years in business, size of staff, and its leadership personnel. If Firm is a corporation, state the legal name of the corporation, along with the names of the three most senior staff members (President, CEO, CFO, etc). If a Partnership, state the true name of the Firm, and also the names of all general and limited partners composing the Firm.

b) Indicate the name and title of the person who will be the primary party responsible for the work. Indicate the address of the Firm’s office where the work would be performed.



c) Indicate the volume of the Firm’s ESPM business for the past three years.

Tab 2: Evidence of Financial Condition

Provide information concerning the Firm's current financial condition, such as recent financial statements that have been audited or reviewed by an independent auditor, or other information having equivalent evidence of reliability.

Tab 3: Technical Resources

a) Indicate Firm’s resources in the areas of Energy Engineering and Benchmarking/Energy Auditing. Firms may be multi-disciplined groups or companies. Indicate which services the Firm will perform in-house, and which services are intended to be sub-contracted. Indicate which Firm will take the overall lead on projects. For all major portions of the work to be performed by sub-consultants or sub-Firms, indicate the resources and experience of those firms.

b) Provide resumes for Senior Personnel proposed for the work.

c) Indicate Engineering Licenses held.

Tab 4: Past Performance

a) Firms should have completed Benchmarking and/or Energy Auditing related projects in the recent past. Provide a list of a minimum of 5 projects completed within the past five years, including the following:1. Name of the Client/project2. Nature of the work (Benchmarking, Energy Auditing, Energy Measures Savings Evaluations)

A one-paragraph description will be sufficient3. Contract type (Lump-sum, hourly, etc. and final fee)4. Contact information for person of reference

b) Indicate any current litigation, or instances where Firm has failed to satisfactorily complete a contract awarded to the Firm. Describe the outcome of such instances.

Tab 5: Insurance

As part of this RFP, provide evidence of Insurance coverage from firms rated no lower than (AAAAAAA), in the following amounts (see Appendix):

Comprehensive General Insurance: $$$$$Automobile Insurance: $$$$$Workers’ Compensation Insurance: $$$$$



Tab 6: Fee Proposal

Provide a lump-sum fee for the Scope of Services described above. Fee shall be fixed for one year from the start of the work.

(ALTERNATE for multi-building proposals) Provide a Fee Per Building, and/or indicate any discounted fee for the portfolio, or for other buildings which may be added to the scope of work by the Client during the term of the Agreement.

Tab 7: Other Material

Submittals may also include a Firm Brochure.

Other material not listed herein will not be considered part of this RFQ and will not be reviewed.

Tab 8: Conformance with Terms

Responsible member of the Firm shall indicate the Firm’s understanding of the Terms and Conditions, which may expected to be part of the final Agreement, including those found in the Appendix, and shall indicate any provisions for which the Firm cannot comply, or that the Firm requests be excluded from an Agreement.

Such indication shall be made by reproducing the following page in its entirety, signing, and including in the Firm’s Submittal.



(REPRODUCE THIS PAGE, SIGN IT, AND INSERT IN PROPOSAL)

Tab 8: Representations:

By responding to this RFP, the Firm warrants to Client that we have reviewed the Los Angeles Ordinance No. 184674 (Existing Buildings Energy and Water Efficiency) and ensure compliance requirements are met regarding data and property details.

The Firm further represents to Client that:

a) The Firm has not directly or indirectly induced or solicited, or colluded, conspired, or agreed with, any other Firm to put in a false or sham proposal.

b) The person signing this Proposal Form on behalf of the Firm is fully authorized to bind the Firm on its proposal.

c) The Firm understands and acknowledges that the Client reserves the right to award the work of any future project to a Firm other than the lowest bidder, to award the work based on the best value, negotiate with any or all of the Firms, to cancel the project, and to take any other action solely in its own best interests. The Client shall have no obligation to any selected Firm until and unless a definitive contract for the work has been negotiated between the Client and the Firm.

We acknowledge and agree to the terms and conditions described above, or, have attached, on the following page, an indication of those terms and conditions we intend to exclude from our participation.

Firm: ________________________________

Signed: ________________________________

Print name: ________________________________

Title: ________________________________

Date ________________________________



10. OTHER PROVISIONS OF THE SUBMITTAL

The Client reserves the right to reject those RFP packages that do not follow the above format. If requested by the rejected Firm, the Firm may resubmit the RFP package in the approved format for reconsideration, at the Firm’s cost.

Representations:

By responding to this RFP, the Firm warrants to Client that they have reviewed the Los Angeles Ordinance No. 184674 (Existing Buildings Energy and Water Efficiency) and ensure compliance requirements are met regarding data and property details.

The Firm further represents to Client that:

a) The Firm has not directly or indirectly induced or solicited, or colluded, conspired, or agreed with, any other Firm to put in a false or sham proposal.

b) The person signing this Proposal Form on behalf of the Firm is fully authorized to bind the Firm on its proposal.

c) The Firm understands and acknowledges that the Client reserves the right to award the work of any future project to a Firm other than the lowest bidder, to award the work based on the best value, negotiate with any or all of the Firms, to cancel the work, and to take any other action solely in its own best interests. The Client shall have no obligation to any selected Firm until and unless a definitive Agreement for the work has been negotiated between the Client and the Firm.



APPENDIX

MISCELLANEOUS OTHER PROVISIONS FOR THE PERFORMANCE OF THE WORK

(Review the listed items and delete, add, or modify them in accordance with your legal team and corporate practices)

Some provisions the Client is expected to include in specific Agreements will include the following. By responding to this RFP you indicate your commitment to perform the work under the general requirements listed below, or you indicate your inability to perform specific requirements as part of your RFP submittal. There is no requirement to award the contract to the lowest responsible bidder.

1. Labor:

Client contracts may be subject to California Labor Code Sections 1720 and following, and Firm and any sub-Firm shall pay not less than the specified prevailing rates of wage to all workers employed in performance of the Work on those projects.

2. Records and Audits:

The Firm and its sub-Firms shall establish and maintain records pertaining to any contract that arises. The Firm’s accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of all costs charged under this contract, including properly executed payrolls, time records, invoices and vouchers.

3. Criminal records:

The Firm’s employees and/or sub-Firms’ employees, who work in areas where Client’s assets are present, or in areas where sensitive/confidential information is maintained, may be required to undergo a current criminal (felony/misdemeanor) and SSN record check. The criminal record checks should cover at least the last seven years, to include all counties of all states where the individual resided for the past seven years from the date of Contract Award. The SSN record check should verify the employee’s social security number and also list his/her residences for the past seven years. All felony/misdemeanor convictions and any conviction for theft, drugs, or violent behavior may preclude Firm’s employees from working on a project. The cost of these criminal/SSN record checks will be borne by the Client.

4. Insurance

Workers’ Compensation and Employers Liability Insurance shall be provided as required by applicable law. Amounts may vary at Client’s request on individual projects, but should be no less than $1,000,000.00 for each for bodily injury by accident, each bodily injury by disease, and for each employee for bodily injury by disease.



General Liability: the Firm, and all other sub-Firms and suppliers will each be expected to maintain General Liability insurance (occurrence-based) covering all operations, providing insurance for bodily injury liability and property damage liability for the limits of liability indicated below and including; coverage for premises and operations coverage; Client’s and Firm’s protective coverage; products and completed operations; contractual liability, including oral and written contracts; broad form property damage; and personal injury liability. Amounts of coverage from $1,000,000 to $5,000,000 may be required, depending upon project size and nature of the work.

Automobile Liability Insurance: The Firm and all other Sub-Firms and suppliers shall each be expected to carry automobile liability insurance, including coverage for all owned, hired, and non-owned automobiles. The limits of liability will likely be not less than $1,000,000 combined single limit each accident for bodily injury and property damage. Each automobile liability insurance policy shall include coverage for automobile contractual liability.

Certificates of Insurance and proof of continuous coverage will be expected to be furnished to the Client upon receipt of a Project award. The certificates of insurance shall provide that there will be no cancellation, nonrenewal, or reduction of coverage without thirty (30) days’ prior written notice to Client.

5. Indemnification:

Upon award of a Project, it is anticipated that the Client will include the following provisions as part of the Agreement with the Firm:

“Firm agrees to save harmless, defend and indemnify Client against any and all liability, claims, judgments or demands which may be made by reason of: (1) any injury or death to persons or injury to property caused by Firm or by any person, firm, or corporation employed directly or indirectly by him in connection with his/her work, however caused; (2) any injury or death to persons or injury to property sustained by any person or entity caused by any person or entity directly or indirectly employed by him in connection with his/her work, whether the said injury or damage occurs upon or adjacent to the work, or elsewhere; and (3) any other loss, damage, liability, claim, demand, judgment, expense, including, but not limited to, attorneys’ fees and court costs, arising directly or indirectly out of the obligations undertaken by Firm under the Contract, including those in part due to the negligence of Client. The cost of defending any and all claims, actions or suits or other legal proceedings brought or instituted against Client, including, but not limited to, any liens filed against Client shall be borne by Firm, and Firm shall satisfy any judgment that may be rendered against Client in any such action, suit or legal proceedings, or result there-from. Client shall have the right, in its sole discretion, to select defense counsel, the cost of which shall be paid by the Firm.

Such obligations of indemnification shall not be construed to abridge, negate, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph.”

6. Retention:

Client may withhold ten percent (10%) of each Progress Payment so that at the time of making the Final Progress Payment, Client shall pay to Firm a sum sufficient to increase the total of all payments to ninety percent (90%) of the Contract Sum, less such amounts as Client shall determine for all incomplete work and unsettled claims. Retention shall be paid upon Client’s approval of the work.



End of RFP document

8. questions - l.a. energy and water efficiency ... · web viewnature of the work (benchmarking,...

Documents