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HomeMy WebLinkAboutRFP - 9900 ELECTRIC VEHICLE READINESS ROADMAP UPDATERFP 9900 Electric Vehicle Readiness Roadmap Update Page 1 of 36 REQUEST FOR PROPOSAL 9900 ELECTRIC VEHICLE READINESS ROADMAP UPDATE RFP DUE: 3:00 PM MT (Mountain Time), November 6, 2023 This project will update the City of Fort Collins’s 2017 Electric Vehicle Readiness Roadmap to provide up to date information on electric vehicle (EV) trends, best practices, market conditions, EV related vision and goals, and actionable near-, medium-, and long-term strategies. The City remains committed to facilitating increased EV adoption throughout the community as well as leading by example and electrifying relevant vehicle fleets throughout the organization. The scope of this Plan is focused on supporting the current and future adoption of EVs, including on-road personal and fleet vehicles, and necessary EV and utility infrastructure. Reflecting the needs of the community and its stakeholders, the Plan shall be actionable and built on shared regional goals. The Plan developed shall include an assessment of the existing EV market, a d escription of key barriers (e.g., land use code and zoning, cost, access to information, etc.), stakeholder engagement, and an EV readiness roadmap covering community goals, infrastructure deployment, and cost analysis.. As part of the City’s commitment to sustainability, proposals must be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city- of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and Time will not be accepted by RMEPS. All questions should be submitted, in writing via email, to Ed Bonnette, CPM, CPPB, Senior Buyer at ebonnette@fcgov.com, with a copy to Dashiell Bubar-Hall, Project Manager, at DBubar-Hall@fcgov.com , no later than 3:00 PM MT on October 23, 2023. Please format your e-mail to include: RFP 9900 ELECTRIC VEHICLE READINESS ROADMAP UPDATE in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by BidNet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. This RFP has been posted utilizing the following Commodity Code(s): 91800 Consulting Services 91832 Consulting Services (Not Otherwise Classified) 91843 Environmental Consulting 91858 Governmental Consulting 91896 Transportation Consulting Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d- 4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 9900 Electric Vehicle Readiness Roadmap Update Page 2 of 36 The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its Service Providers/Professionals to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party Service Providers/Professionals and their subcontractors/subconsultants at every tier. Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may redact text and/or data that it deems confidential or proprietary pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets, confidential commercial information and financial data information may not be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions and pricing of any contract resulting from this request for proposal will be public information. Service Providers/Professionals Registration: The City requires new Service Providers/ Professionals receiving awards from the City to submit IRS form W-9 and requires all Service Providers/ Professionals to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit these documents with your proposal, however, if you take exception to participating in Direct Deposit (Electronic) payments please clearly note such in your proposal as an exception. The City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. RFP 9900 Electric Vehicle Readiness Roadmap Update Page 3 of 36 Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. The selected Service Provider/Professional shall be required to sign the City’s Agreement prior to commencing services (see sample attached to this document). Sincerely, Gerry Paul Purchasing Director RFP 9900 Electric Vehicle Readiness Roadmap Update Page 4 of 36 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective This project will update the City of Fort Collins’s 2017 Electric Vehicle Readiness Roadmap to provide up to date information on electric vehicle (EV) trends, best practices, market conditions, EV related vision and goals, and actionable near-, medium-, and long- term strategies. The City remains committed to facilitating increased EV adoption throughout the community as well as leading by example and electrifying relevant vehicle fleets throughout the organization. The scope of this Plan is focused on supporting the current and future adoption of EVs, including on-road personal and fleet vehicles, and necessary EV and utility infrastructure. Reflecting the needs of the community and its stakeholders, the Plan shall be actionable and built on shared regional goals. The Plan developed shall include an assessment of the existing EV market, a description of key barriers (e.g., land use code and zoning, cost, access to information, etc.), stakeholder engagement, and an EV readiness roadmap covering community goals, infrastructure deployment, and cost analysis. Local governments are uniquely positioned to advance emissions reduction strategies in buildings, energy generation, and transportation. The Polis Administration’s Roadmap to 100% Renewable Energy By 2040 and Bold Climate Action calls for local governments to lead by example, and for the State to support local government EV planning and investment in EV charging infrastructure. In developing these plans, local and regional governments can develop a common vision for EV readiness, identify key partnerships and actionable strategies needed to achieve the vision, and prepare for and stimulate community adoption of EVs. The Plan developed with this grant shall support the Colorado EV Plan of 2023 establishing a target of 940,000 EVs by 2030, as well as supporting numerous local, state, and federal climate action plans in preparing for and implementing actions that support increased use of EVs throughout the region. B. Background The City and community need an updated strategic plan to continue supporting increased EV usage and align internal/external resources. The Professional selected for this project will provide outside expertise to update the readiness plan in close cooperation with City staff from several departments and other key partners. The proposed EV Readiness Plan should address the following elements: • Overall- establish updated vision, goals, strategies, and clearly defined roles for City of Fort Collins Departments, the private sector and the Fort Collins community which incorporate: o Action items for City efforts to inform budget offers and program offerings o Strategies for increasing private sector investment in EVs and infrastructure o Strategies to be grant ready (e.g. State and Federal EVSE funding) o The role of EVs in the community transportation hierarchy o Updated projections related to EV ownership, charging supply/demand, service capacity upgrades for DAC residents, and related utility/grid implications RFP 9900 Electric Vehicle Readiness Roadmap Update Page 5 of 36 o EV charging station research to inform future infrastructure needs that are equitably placed both locally and regionally, including considerations of innovative technology such as bidirectional charging. o Charging demand for various categories of users (public, private, workplace, residential) o Best practices for addressing equity related EV/EVSE issues (multi-family EV charging, ADA accessibility, EV rideshare, unbanked residents) o Forecasts of projected Northern Colorado EV adoption and regional coordination strategies o Best practices for education, outreach & incentives o Recommendations for any policy, building code, permitting & enforcement actions o EVSE fee structure such as flat hourly rate vs. per kWh, and variable rates (peak vs off peak) o Continued City fleet & transit opportunities (highlighting accomplishments to date) The updated EV Readiness Plan will provide the clarity and alignment needed to advance Fort Collins to the next level of EV adoption. It will inform future efforts and align with the existing plans including 2019 City Plan, 2019 Transportation Master Plan, 2019 Sustainability and Adaptation Plan, 2021 Our Climate Future Plan, 2023 Transportation Demand Management Plan, and 2023 Zero-Emission Bus Transition Plan. II. PROJECT GOAL AND OBJECTIVES A. Scope of Work Primary Goal: Create an updated strategic plan (EV Readiness Roadmap) to support current and future electric vehicle adoption in the City of Fort Collins with an understanding of EVs as one option of many for community transportation. Linkage to City Strategic Objectives: 2019 City Plan Principle ENV 2: Become a carbon-neutral community by 2050 and improve the community’s resilience to prepare for and adapt to the impacts of climate change. • Policy ENV 3.3- Support a systems approach to transition from the use of natural gas to renewable electricity in buildings and for transportation. Principle ENV 4: Protect human health and the environment by continually improving air quality. RFP 9900 Electric Vehicle Readiness Roadmap Update Page 6 of 36 • Policy ENV 4.6- Promote efforts to reduce fuel consumption and associated pollutant emissions from vehicles and non-road engine sources, such as lawn and garden equipment. Principle T 3: Lead transportation innovation by exploring and utilizing emerging and transformative systems and technologies. • Policy T 3.1- Update design standards, policies and operational strategies to support and manage newly emerging transportation options (e.g. autonomous vehicles, electric vehicles, electric-assist bicycles, drones and e-scooters). • Policy T 3.9- Encourage, prioritize, and support the purchase of electric vehicles through the design, management, outreach, education, policy updates, broad-based coordination, incentives and operations of streets and wayside infrastructure such as electric-vehicle charging stations. • Policy T 3.10- Prioritize transportation planning projects and programs that support the Electric Vehicle Readiness Roadmap (EVRR) Goals. Principle T 9: Utilize the transportation system to support a health and equitable community. • Policy T 9.2- Develop a program to promote energy efficient and environmentally sensitive transportation choices. Coordinate the building code with the growth in new transportation fuels such as electricity or hydrogen. • Policy T 9.5- Provide equitable access to services and resources, particularly for marginalized and underresourced communities as identified in the Health Equity Index Analysis in the City Plan Trends and Forces Report and other future equity analyses. • Policy T 9.9- Prioritize transportation planning projects and programs that support CAP and GHG-reduction goals. 2021 Our Climate Future Big Move 13: Electric Cars and Fleet • ECF1- Assess community needs for electric vehicle infrastructure programs • ECF3- Support market driven adoption of electric cars • ECF5- Encourage EV car shares supporting low-income areas Performance Metrics: • Success will be measured by the creation of an adaptable and equitable updated EV roadmap which lays out a set of strategic next steps to advance community and municipal EV adoption which: ▪ Are flexible to changes in technology ▪ Prepare for future conditions ▪ Identify key roles and responsibilities for all stakeholders involved (public & private sector) with key action steps ▪ Align with established City plans and objectives • Potential metrics could include: RFP 9900 Electric Vehicle Readiness Roadmap Update Page 7 of 36 ▪ Fort Collins EV ownership data ▪ Updates to the Fort Collins EV readiness rating, as measured by the Alternative Fuels Data Center methodology by the Department of Energy ▪ EV adoption rate goal (i.e. by 2030 50% of new vehicles purchased will be EVs) ▪ EVSE coverage of level 2 and level 3 chargers ▪ Analysis through an Equity Lens and triple-bottom line perspective (economic, environmental, social) B. Project Budget $40,000 Colorado Energy Office Grant award $13,333 Local Match Total Project Budget, NOT TO EXCEED - $53,333 C. CONSULTANT PLANNING TASKS Task 1: Work Plan and Public Involvement Plan ● Project Initiation. Upon receiving the notice to proceed, the Consultant shall organize a kick-off meeting with the City project manager to discuss and refine project goals, expectations, tasks, approaches, and identify the timeline and milestones. ● Project management. City staff will be responsible for overall project management and a project management team will be established with representation from relevant City departments. The Consultant is expected to manage technical aspects of the Plan, and lead aspects as outlined in the scope of work. Recommendations regarding roles and responsibilities of City staff and the Consultant should be articulated in the response to this RFP. The Consultant is encouraged to propose innovative approaches to develop this Plan and should identify and emphasize those areas where their qualifications and expertise would most benefit this project. ● Plan administration. Dashiell Bubar-Hall, Transportation Planner, will serve as the City of Fort Collins project manager for the Plan update. The Consultant will confer/meet with the project manager on a bi-weekly basis (at a minimum) to provide updates on Plan status and progress made, and solicit direction as needed. The Consultant is responsible for preparing meeting agendas and minutes for the City’s project manager. Agendas shall be submitted within three (3) business days prior to a project meeting, and the minutes shall include the meeting date and time, agenda, list of attendees, contact information and as summary of completed and open action items. o The Consultant shall prepare bi-weekly progress summary reports. These reports shall include: ▪ Project progress to date ▪ Work planned in the next bi-weekly period ▪ Identification of open issues ▪ Action item list with task status, identification of responsible party for each task, and target completion dates. RFP 9900 Electric Vehicle Readiness Roadmap Update Page 8 of 36 ▪ Draft material for review (more than three days may be required depending on the nature and amount of content) ● Ad-hoc Technical Advisory Committee. An ad-hoc Technical Advisory Committee (TAC) will be assembled to help inform the Plan’s development, including, but not limited to, the existing conditions, strategies, community engagement, recommendations, and implementation. It is envisioned that this group will be comprised of various experts to be consulted and advised by on an as-needed basis. Below is a preliminary list of potential City departments and organizations to assemble as part of the TAC. This list can be expanded and modified as necessary. o City of Fort Collins ▪ Utilities (Energy Services, Light & Power engineering) ▪ Sustainability Services ▪ FC Moves (Mobility Management and Planning, Active Modes) ▪ Transfort ▪ Engineering ▪ Parking Services ▪ Operation Services ▪ Streets ▪ Planning ▪ Parks ▪ Office of Diversity, Equity, and Inclusion o External ▪ Colorado State University ▪ North Front Range Metropolitan Planning Organization ▪ Platte River Power Authority ▪ Larimer County ▪ Neighboring Municipalities ▪ Northern Colorado Clean Cities Coalition (NCCC) ▪ Drive Clean Colorado (DCC) ▪ Electrification Coalition ● Work Plan and Public Involvement Plan. Following the initial kickoff meeting between the Consultant and City project manager, the Consultant will develop a detailed work plan, including public involvement to guide the Plan’s development. This will include (at minimum) the following elements: o Refined scope of work detailing study tasks, goals, objectives, and deliverables. o Detailed schedule identifying key milestones and deliverables. o Public Involvement Plan, including digital and in-person engagement. ▪ Include strategies for reaching historically underrepresented groups, including non-English speaking communities. ▪ Include outreach and communication mechanisms tailored to specific audiences to maximize the effectiveness of outreach and program goals. ▪ Include strategy for community questionnaire development and deployment, including engagement strategies for disadvantaged communities utilizing community advocates. Task 2: Existing Plan, Literature, and Best Practices Review The purpose of this task is to 1) identify and document the existing plans, literature, and best practices related to EV adoption and EVSE deployment relevant to Fort Collins, and 2) conduct a comprehensive review of resources (provided below) to help inform the development of the RFP 9900 Electric Vehicle Readiness Roadmap Update Page 9 of 36 plan vision and goals, gaps and opportunities, barriers to adoption/deployment, strategies, and recommendations for the Plan’s update. ● The following plans and reports should be reviewed as part of this task and be used in developing the content featured in the EVRR update. This is not an exhaustive list and further resources may be identified and added to a refined scope of work. o 2017 Electric Vehicle Readiness Roadmap o 2019 City Plan including the Transportation Master Plan o 2019 Municipal Sustainability and Adaptation Plan o 2021 Our Climate Future Plan o 2023 Transportation Demand Management o 2023 Zero-Emission Bus Transition Plan o Parking Plan o City Municipal Codes (especially recently updated building code) o Development Review Process (processes related to EVSE requirements and parking) o Fort Collins Utilities electric capacity fees and processes Task 3: Vision/Goal Refinement, Initiate Community Engagement ● The purpose of this task is to engage stakeholders and the community to revisit the goals, vision, and objectives established in the 2017 EVRR and to update them to reflect the current state of the City. ○ Develop the community questionnaire that will be distributed based on the approach identified in the Public Involvement Plan ○ Conduct initial focus group and working group meeting to review content from Task 2 and update goals, objectives, and vision ○ Review and finalize goals, objectives, and vision with the TAC Task 4: Existing Conditions and Community Context ● The purpose of this task is primarily to review the existing conditions and community context section within the 2017 EVRR and update it with current data and information. The Consultant should highlight how the City and the region have changed since 2017, highlighting how these changes are relevant to EV/EVSE infrastructure and adoption. This task, along with Task 5, will constitute an update to the “Introduction” section of the 2017 EVRR. o Develop a report identifying existing conditions related to EV and EVSE trends in and around Fort Collins, including: ▪ Population, employment, transportation, housing, economic, permitting, zoning, utility application and energization, and other trends in Fort Collins and the region that impact EV adoption and EVSE deployment ▪ Barriers to EV adoption and EVSE deployment ▪ Utility distribution capacity, electric capacity fees, and EV/EVSE implications ▪ EV adoption data and trends ▪ EVSE deployment and utilization data RFP 9900 Electric Vehicle Readiness Roadmap Update Page 10 of 36 o The Consultant shall also review community permitting and zoning processes for EV charging stations, with a focus on DC fast-charging stations. Reference resources as needed including the recent analysis, Planning and Zoning for Electric Vehicle Charger Deployment, and NESCAUM's 2019 white paper, Preparing Our Communities for Electric Vehicles: Facilitating Deployment of DC Fast Chargers for a better understanding on emerging best practices. As part of the Plan, the Consultant shall make recommendations on ways to streamline the community's/communities' permitting process for EV charging stations. Task 5: EV Market Assessment ● This task will update the “EV Overview” section within the Introduction of the 2017 EVRR by providing general information about EVs and EVSE infrastructure, including: o EV vehicle types (plug-in electric vehicles, plug-in hybrid, hybrid) ▪ Cost of ownership of EV vs. conventional engines ▪ Medium- and heavy-duty vehicle information ▪ Transit vehicle information ▪ E-bikes and electric micromobility ▪ Availability and cost of ownership for used EVs for disadvantaged communities o EVSE categories (level 1, level 2, DCFC, vehicle to grid) ▪ Charging capabilities and use cases ▪ Cost of installation and maintenance ▪ Interconnection requirements o State and National initiatives ▪ Tax rebates for EV purchases ▪ Funding sources for EVSE installation o Vehicle Manufacturer information ▪ Vehicle availability ▪ Production and supply chain implications Task 6: Charging Demand Analysis ● The purpose of this task is to identify areas of the city that need additional charging capabilities, identify specific sites in the city that are suited or not suited for EVSE installation, and provide a roadmap for increasing EVSE infrastructure within the city. This analysis will be used to help inform City investment decisions but will also allow the private sector to justify EVSE installations that fill a gap in charging access when applying for state and federal funding. This task will specifically address: o Public charging needs ▪ City-owned property ▪ Property of partners identified through the planning process o Private charging needs o Workplace charging needs ▪ City employees ▪ General workforce o Residential charging needs ▪ Multifamily units ▪ Rental units RFP 9900 Electric Vehicle Readiness Roadmap Update Page 11 of 36 ▪ Older single-family units with outdated infrastructure o Smart grid operations and distribution, grid and utility systems based on charging types and levels Task 7: EV and EVSE Equity analysis ● The 2017 EVRR contained a brief section related to equity and EV/EVSE equity will be a point of emphasis within the updated plan. The content generated during this task will be featured in multiple sections of the Plan, including the community context/existing conditions as well as distinct equity-focused strategies. The following equity issues should be evaluated but additional topics may be added to the refined scope of work: o Vehicle acquisition assistance for low-income residents o EV ride share programs for disadvantaged populations o EVSE installation at multifamily units, especially at lower cost complexes o ADA accessibility of EVSE infrastructure o Solutions for EVSE access for individuals lacking access to smartphones and traditional banking/credit systems Task 8: Strategy Development and Implementation Plan ● This task will provide the City with a coherent set of strategies that achieve the goals and objectives of the EVRR and other established plans along with a prescribed approach for implementation of the strategies. The strategies from 2017 should be revisited to understand what worked, what failed to get off the ground, and why. This task will constitute an update to the “Readiness Strategies” and “Strategies” sections of the EVRR, including: o Update the methodology and data collection approaches that will be used to inform strategy development o Identify key partnerships and the role they will have in implementing strategies throughout the community and surrounding area o Develop categories that each strategy will fall under o Develop actionable strategies that are directly related to stakeholder and community input or derived from analysis conducted during the plan update ▪ Short-, medium-, and long-term Task 9: Plan Adoption ● The Consultant will assist City Staff in presenting findings and recommendations from the Plan’s update to relevant boards and commissions, leading up to formal plan adoption from City Council. An initial list of boards and commissions to be engaged is featured below, but additional entities may be identified during the planning process. o Transportation Board o Senior Advisory Board o Bicycle Advisory Board o Disability Advisory Board o Air Quality Advisory Board o Planning and Zoning Commission RFP 9900 Electric Vehicle Readiness Roadmap Update Page 12 of 36 D. Project Deliverables Preparation of a Fort Collins EV Readiness Roadmap. The primary deliverable will be producing an updated Electric Vehicle Readiness Roadmap document that incorporates the work produced from tasks 1 through 8. This document will follow a similar format to the original produced in 2017, unless an innovative alternative is proposed. o Task 1 Deliverables o Work Plan o Public Engagement Plan o Task 2 Deliverables o Existing Plan, Literature, and Best Practices summary document o Task 3 Deliverables o Finalized goals, objectives and vision o Task 4 and 5 Deliverables o Updated “Introduction” chapter of EVRR ▪ Existing conditions and community context ▪ EV market assessment o Task 6 Deliverables o Charging Demand Analysis report and exhibits o Task 7 Deliverables o Updated equity section of EVRR (to be incorporated where appropriate) o Task 8 Deliverables o Updated strategies o Implementation Plan The desired outcomes from the deliverables include but is not limited to: o Incorporation of the existing conditions report including barriers, opportunities and spatial data o An EV vision statement and corresponding goals that tie into the community’s larger transportation, equity, environment and sustainability objectives o A toolbox of Policies, Codes, Regulations and Processes for the City to address EV Readiness effectively o Strengths and weaknesses of existing EV charging infrastructure and recommendations for future deployments o Updated EV adoption projections including projected EV ownership, EVSE installation, and grid/utility implications o Short-, medium-, and long-term recommendations and clarification of low and high priority recommendations o An education and outreach strategy for the City to utilize as it moves forward with implementing the recommendations within the EV Readiness Plan o Clearly defined roles and responsibilities of City Departments with respect to the proposed recommendations and action steps in the Plan o Cost estimates for action items to inform budget offers and program offerings o Data files of all maps and exhibits developed through this process RFP 9900 Electric Vehicle Readiness Roadmap Update Page 13 of 36 Consultant Work Timeline • Major Milestones o Tasks 1-3 complete by February, 2024 o Task 4-5 complete by April, 2024 o Task 6-8 completed by June, 2024 ▪ Draft Report due by mid-June, 2024 ▪ Final Report due by July 30th, 2024 o Task 9 completed by August 2024 Additional Consultant Team Tasks o Participate in Project Management Team (PMT) meetings with the Fort Collins PMT o Hold a minimum of three meetings with the technical advisory committee o Provide two presentations to the Transportation Board over the course of the project o Provide final presentations to commissions, boards, Council etc. o Be responsible for organizing and facilitating all public, stakeholder and technical advisory committee meetings *The City Project Management Team will assist with the organizational logistics of the above tasks E. Anticipated RFP Schedule The following represents the City’s target schedule for the RFP. The City reserves the right to amend the target schedule at any time. • RFP issuance: October 13, 2023 • Question deadline: 3:00 PM MT on October 23, 2023 • Final Addendum Issued: October 26, 2023 or before • Proposal due date: 3:00 PM MT on November 6, 2023 • Interviews (tentative): Week of November 13, 2023 • Award of Contract (tentative): November 27, 2023 • Completion of project: August 31, 2024 F. Budget $40,000 Colorado Energy Office Grant award $13,333 Local Match Total Project Budget (NOT TO EXCEED) - $53,333 RFP 9900 Electric Vehicle Readiness Roadmap Update Page 14 of 36 G. Interviews In addition to submitting a written proposal, the top-rated Professionals may be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the company, approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV. Because of recent events involving COVID-19, the City may use non-traditional methods for the optional interview phase of the assessment process. The City will receive and score written proposals. However, instead of traditional in-person interviews for the optional interview session, the City may opt to use alternate methods including, but not limited to remote interviews through a platform such as Microsoft Teams or Zoom. H. Travel & Expenses Subject to the terms of the Agreement, reasonable expenses may be reimbursable per the current rates found at www.gsa.gov. Professional will be required to provide original receipts to the City for all travel expenses. I. Subcontractors/Subconsultants Professional will be responsible for identifying any subcontractors and/or subconsultants in their proposal. Please note that the City will contract solely with the awarded Professional; therefore, subcontractors and/or subconsultants will be the responsibility of the Professional. J. Current standards All work and/or materials must meet current standards in force by recognized technical and professional societies, trade and materials supply associations, institutes and organizations, bureaus and testing laboratories, and national, federal, state, county, and local laws, codes and ordinances. K. Fees, Licenses, Permits The successful Professional shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All vehicles and equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. L. Laws and Regulations The Professional agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances to include American Disabilities Act (ADA). M. Invoicing and Payment Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Professional each month following the submittal of a correct invoice by the Professional indicating the project name, Purchase Order number, task description, hours worked, personnel/work type category, hourly rate for each employee/work type category, date of the work performed specific to RFP 9900 Electric Vehicle Readiness Roadmap Update Page 15 of 36 the task, percentage of that work that has been completed by task, 3rd party supporting documentation with the same detail and a brief progress report. Payments will be made using the prices stated in the Agreement. In the event a service is requested which is not stated in the Agreement, the Professional and the City will negotiate an appropriate unit price for the service prior to the Professional initiating such work. The City pays invoices on Net 30 terms. N. COVID-19 Compliance The Professional and its subcontractors/consultants shall comply with all state, county, and local laws, ordinances, and public health orders established to reduce the spread of COVID-19, as applicable. The Professional shall ensure employees and subcontractors/subconsultants with COVID-19 symptoms do not report to the job site. Professional must organize work to ensure individuals minimize contact and maximize social distancing. Individuals must wear all standard worksite personal protective equipment (PPE). In addition, individuals should wear a mask or cloth face covering consistent with local public health recommendations and other applicable safety requirements. III. PROPOSAL SUBMITTAL Please limit the total length of your proposal to a maximum of fifty (50) 8 ½ x 11” p ages (excluding cover pages, table of contents, dividers and Acknowlegement form). Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed pricing. Links to other files or websites shall not be permitted. Proposals that do not conform to these requirements may be rejected. Professionals are required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what Professionals propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non-responsive and subject to rejection. Responses must include all the items in the order listed below. It is suggested that the Professionals include each of the City’s questions with their response. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. A. Cover Letter / Executive Summary The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. B. Professional Information 1. Describe the Professional’s business and background 2. Number of years in the business RFP 9900 Electric Vehicle Readiness Roadmap Update Page 16 of 36 3. Details about ownership 4. An overview of services offered and qualifications 5. Size of the firm 6. Location(s) of offices. If multiple, please identify which will be the primary for our account. 7. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). C. Scope of Proposal 1. Provide a detailed narrative of the services proposed if awarded the contract per the scope above. The narrative should include any options that may be beneficial for the City to consider. 2. Describe how the project would be managed and who would have primary responsibility for its timely and professional completion. 3. Briefly describe the approach to execute the scope of work to include the methods and assumptions used, and any exceptions and/or risks. 4. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties. 5. Include a description of the software and other analysis tools to be used. 6. Identify what portion of work, if any, may be subcontracted or outsourced to subconsultants. Include all applicable information herein requested for each Professional. 7. How will you ensure compliance with Covid-19 requirements? 8. Can the work be completed in the necessary timeframe, with target start and completion dates met? 9. Are other qualified personnel available to assist in meeting the project schedule if required? 10. Is the project team available to attend meetings as required by the Scope of Work? 11. Provide an outline of the schedule for completing tasks. D. Firm Capability and Assigned Personnel Provide relevant information regarding previous experience related to this or similar projects, to include the following: 1. Provide an Organization Chart/Proposed Project Team: An organization chart containing the names of all key personnel and subconsultants with titles and their specific task assignment for this Agreement shall be provided in this section. 2. Provide resumes for each professional and technical person to be assigned to the project, including partners, subconsultants, and subcontractors. Please limit resumes to one page. The résumés shall include at least three individual references from previous assignments. 3. A list of qualifications for your firm and qualifications and experience of the specific staff members proposed to perform the services described above. RFP 9900 Electric Vehicle Readiness Roadmap Update Page 17 of 36 4. References. Provide a minimum of three similar projects with public agencies in the last 5 years that have involved the staff and subcontractors/subconsultants proposed to work on this project. Include the owner’s name, title of project, beginning price, ending price, contact name, email and phone number, subconsultants on the team and a brief description of the work and any change orders. The Professional authorizes the City to verify any and all information contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information provided. 5. Please address any issues and/or opportunities related to COVID-19 and remote working. Specifically, how will you maintain the project on schedule and outreach to stakeholders? 6. Provide any information that distinguishes Professional from its competition and any additional information applicable to this RFP that might be valuable in assessing Professional’s proposal. 7. What adjustments to your processes do you plan to make due to COVID-19? E. Cost and Work Hours In your response to this proposal, please provide the following: 1. Estimated Hours by Task: Provide estimated hours for each proposed task by job title and employee name, including the time required for meetings, conference calls, etc. 2. Cost by Task: Provide the cost of each task identified in the Scope of Proposal section. Provide a total not to exceed cost for the Scope of Proposal. Price all additional services/deliverables separately. 3. Schedule of Rates: Provide a schedule of billing rates by category of employee and job title to be used during the term of the Agreement. This fee schedule will be firm for at least one (1) year from the date of the Agreement. The fee schedule will be used as a basis for determining fees should additional services be necessary. Include a per meeting rate in the event additional meetings are needed. A fee schedule for subconsultants/subcontractors, if used, shall be included. 4. All direct costs (i.e., travel, printing, postage, etc.) specifically attributed to the project and not included in the billing rates must be identified. Reasonable expenses may be reimbursable as per the current rates found at www.gsa.gov. Professional will be required to provide original receipts to the City for all travel expenses. F. Sample Agreement Included with this request for proposals is a sample Agreement that the City intends to use for obtaining the services of the Professional. The Professional is required to review this Agreement and indicate any objections to the terms of the contract. If revisions to the contractual terms are requested, provide suggested revisions. G. Acknowledgement The Acknowledgement form is attached as Section V. Complete the attached form indicating the Professional hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that the Professional has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. RFP 9900 Electric Vehicle Readiness Roadmap Update Page 18 of 36 IV. REVIEW AND ASSESSMENT CRITERIA Proposal and Interview Criteria Professionals will be evaluated on the following criteria. This set of criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top-rated Professionals may be conducted. The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements, a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds minimum requirements in that category. WEIGHTING FACTOR CATEGORY STANDARD QUESTIONS 3.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 3.0 Firm Capability & Assigned Personnel Does the firm have the resources, financial strength, capacity and support capabilities required to successfully complete the project on- time and in-budget? Has the firm successfully completed previous projects of this type and scope? Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? 4.0 Cost & Work Hours Does the proposal included detailed cost break- down for each cost element as applicable and are the line-item costs competitive? Do the proposed cost and work hours compare favorably with the Project Manager's NOT TO EXCEED limit? Are the work hours presented reasonable for the effort required by each project task or phase? RFP 9900 Electric Vehicle Readiness Roadmap Update Page 19 of 36 V. ACKNOWLEDGEMENT Professional hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP 9900 ELECTRIC VEHICLE READINESS ROADMAP UPDATE and sample Agreement except as otherwise noted. Additionally, Professional hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Professional’s knowledge and belief. b. Professional commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Professional further agrees that the method of award is acceptable. e. Professional also agrees to complete the proposed Agreement with the City of Fort Collins within 10 days of notice of award. If contract is not completed and signed within 10 days, City reserves the right to cancel and award to the next highest rated firm. f. Professional acknowledges receipt of addenda. g. Professional acknowledges no conflict of interest. h. Professional acknowledges that the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may redact text and/or data that it deems confidential or proprietary pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicab le law. Generally, under CORA, trade secrets, confidential commercial information and financial data information may not be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions and pricing of any contract resulting from this request for proposal will be public information. Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: RFP 9900 Electric Vehicle Readiness Roadmap Update Page 20 of 36 Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. Official Purchasing Document Last updated 1/2023 Professional Services Agreement RFP 9900 Electric Vehicle Readiness Roadmap Update Page 21 of 36 VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , a(n) (ENTER STATE) corporation, hereinafter referred to as the "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of ( ) page(s), and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, the Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit B, consisting of ( ) page(s), and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , 20 , and shall continue in full force and effect until , 20 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties only at the time of renewal. Written notice of renewal shall be provided to the Professional and mailed no later than thirty (30) days prior to contract end. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least ten (10) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. In the event of early termination by the City, the Professional shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Professional shall submit a final invoice within ten (10) days of the effective date of termination. Undisputed invoices shall be paid Net 30 days of the date of the invoice. Such payment shall be the Professional's sole right and remedy for such termination. 5. Notices. All notices provided under this Agreement shall be effective immediately when emailed or three (3) business days from the date of the notice when mailed to the following Official Purchasing Document Last updated 1/2023 Professional Services Agreement RFP 9900 Electric Vehicle Readiness Roadmap Update Page 22 of 36 addresses: Professional: City: Copy to: Attn: Email Address City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 Email Address City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com 6. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorney’s fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain insurance in accordance with Exhibit , consisting of ( ) page(s), attached hereto and incorporated herein. 7. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay the Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ) in accordance with Exhibit , consisting of ( ) page(s), attached hereto and incorporated herein. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. Final payment shall be made following acceptance of the Work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. Invoices shall be emailed to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Professional following the submittal of a correct itemized invoice by the Professional. The City is exempt from sales and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request. The City pays invoices on Net 30 days from the date of the invoice. 8. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay the Professional on a time and reimbursable direct cost basis in accordance with Exhibit , consisting of ( ) page(s), attached Official Purchasing Document Last updated 1/2023 Professional Services Agreement RFP 9900 Electric Vehicle Readiness Roadmap Update Page 23 of 36 hereto and incorporated herein, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the Work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. Invoices shall be emailed to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Professional following the submittal of a correct itemized invoice by the Professional. The City is exempt from sales and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request. The City pays invoices on Net 30 days from the date of the invoice. 9. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Co de Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 10. License. Upon execution of this Agreement, the Professional grants to the City an irrevocable license to use any and all sketches, drawings, specifications, designs, blueprints, data files, calculations, studies, analysis, renderings, models and other Work Order deliverables (the “Instruments of Service”), in any form whatsoever and in any medium expressed, for purposes of constructing, using, maintaining, altering and adding to the project, provided that the City substantially performs its obligations under the Agreement. The license granted hereunder permits the City and third parties reasonably authorized by the City to reproduce applicable portions of the Instruments of Service for use in performing services or construction for the project. In addition, the license granted hereunder shall permit the City and third parties reasonably authorized by the City to reproduce and utilize the Instruments of Service for similar projects, provided however, in such event the Professional shall not be held responsible for the design to the extent the City deviates from the Instruments of Service. This license shall survive termination of the Agreement by default or otherwise. 11. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. Official Purchasing Document Last updated 1/2023 Professional Services Agreement RFP 9900 Electric Vehicle Readiness Roadmap Update Page 24 of 36 12. Project Drawings. Upon request and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival quality, prepared on stable mylar base material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the owner in and AutoCAD version no older then the established City standard. The Professional acknowledges the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1, et seq. (the “CORA”), and documents in the City’s possession may be considered public records subject to disclosure under the CORA. 13. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 14. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 15. Subcontractors/subconsultants. The Professional may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor/subconsultant must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor/subconsultant will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor/subconsultant and the City, nor will it obligate the City to pay or see to the payment of any subcontractor/subconsultant, and (d) the Work of the subcontractor/subconsultant will be subject to inspection by the City to the same extent as the Work of the Professional. The Professional shall require all subcontractor/subconsultants performing Work hereunder to maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit C, consisting of ( ) page(s) attached hereto and incorporated herein by this reference. The Professional shall maintain a copy of each subcontract’s certificate evidencing the required insurance. Upon request, the Professional shall promptly provide the City with a copy of such certificate(s). 16. Personal Services. It is understood that the City enters into the Agreement based on the Official Purchasing Document Last updated 1/2023 Professional Services Agreement RFP 9900 Electric Vehicle Readiness Roadmap Update Page 25 of 36 special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 17. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the Work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 18. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 19. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail themselves of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 20. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties regarding this transaction and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. In the event of a conflict between terms of the Agreement and any exhibit or attachment, the terms of the Agreement shall prevail. Each person executing this Agreement affirms that they have the necessary authority to sign on behalf of their respective party and to bind such party to the terms of this Agreement. 21. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the City subsequently agrees in writing that the matter may be heard in federal court, venue will be in Denver District Court. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 22. Utilization by Other Agencies. Optional The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts Official Purchasing Document Last updated 1/2023 Professional Services Agreement RFP 9900 Electric Vehicle Readiness Roadmap Update Page 26 of 36 to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Nothing herein shall be deemed to authorize or empower the Agency to act as an agent for the City of Fort Collins in connection with the exercise of any rights hereunder, and neither party shall have any right or authority to assume or create any obligation or responsibility on behalf of the other. The other Agency shall be solely responsible for any debts, liabilities, damages, claims or expenses incurred in connection with any agreement established between them and the Professional. The City’s concurrence hereunder is subject to the Professional’s commitment that this authorization shall not have a negative impact on the work to be completed for the City. 23. Prohibition Against Unlawful Discrimination. The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, affirmatively ensures that for all contracts entered into with the City, disadvantaged business enterprises are afforded a full and fair opportunity to bid on the contract and are not to be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractor/subconsultants at every tier. 24. Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 25. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to CORA. 26. Force Majeure. No Party hereto shall be considered in default in the performance of an obligation hereunder to the extent that performance of such obligation is delayed, hindered, Official Purchasing Document Last updated 1/2023 Professional Services Agreement RFP 9900 Electric Vehicle Readiness Roadmap Update Page 27 of 36 or prevented by force majeure. Force majeure shall be any cause beyond the control of the defaulting Party which could not reasonably have been foreseen and guarded against. Force majeure includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference by civil or military authorities, compliance with regulations or orders of military authorities, and acts of war (declared or undeclared), provided such cause could not have been reasonably foreseen and guarded against by the defaulting Party. Force majeure shall not include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. To the extent that the performance is actually prevented, the Consultant must provide written notice to the City of such condition within ten (10) days from the onset of such condition. 27. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of ( ) page(s), attached hereto and incorporated herein by this reference. [Signature Page Follows] Official Purchasing Document Last updated 1/2023 Professional Services Agreement RFP 9900 Electric Vehicle Readiness Roadmap Update Page 28 of 36 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director Date: ATTEST: APPROVED AS TO FORM: PROFESSIONAL'S NAME By: Printed: Title: Date: Official Purchasing Document Last updated 1/2023 Professional Services Agreement RFP 9900 Electric Vehicle Readiness Roadmap Update Page 29 of 36 EXHIBIT A SCOPE OF SERVICES Official Purchasing Document Last updated 8/2022 Professional Services Agreement RFP 9900 Electric Vehicle Readiness Roadmap Update Page 30 of 36 EXHIBIT BID SCHEDULE/ COMPENSATION Official Purchasing Document Last updated 8/2022 Professional Services Agreement RFP 9900 Electric Vehicle Readiness Roadmap Update Page 31 of 36 EXHIBIT INSURANCE REQUIREMENTS The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies. In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. Insurance certificates should show the certificate holder as follows: City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 The City, its officers, agents and employees shall be named as additional insureds on the Professional 's general liability and automobile liability insurance policies by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement. Workers' Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as required by Colorado law. B. General Liability. The Professional shall maintain during the life of this Agreement such General Liability as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for General Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. C. Automobile Liability. The Professional shall maintain during the life of this Agreement such Automobile Liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. D. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. In the event any work is performed by a subcontractor/subconsultant, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor/subconsultant, which liability is not covered by the subcontractor/subconsultant's insurance. Official Purchasing Document Last updated 8/2022 Professional Services Agreement RFP 9900 Electric Vehicle Readiness Roadmap Update Page 32 of 36 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Professional shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the City, or the City so requests for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City’s remedies at law for a breach of the Professional’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. Official Purchasing Document Last updated 8/2022 Professional Services Agreement RFP 9900 Electric Vehicle Readiness Roadmap Update Page 33 of 36 ATTACHMENT A Uniform Guidance CFR 2 CFR 200 Required Contract Clauses (A) [All Contracts in excess of $10,000 must address termination for cause and for convenience including the manner by which it will be effected and the basis of the settlement.] Termination. Termination for Convenience. The City may terminate this Contract, in whole or in part, for any reason, upon five (5) days written notice to the Contractor. In such event, the City shall pay the Contractor its costs, including reasonable Contract close-out costs, and profit on Work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City to be paid the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in a manner the City directs. Termination for Breach. Either Party’s failure to perform any of its material obligations under this Contract, in whole or in part or in a timely or satisfactory manner, will be a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within thirty (30) days after the institution of such proceeding, will also constitute a breach. In the event of a breach, the non- breaching Party may provide written notice of the breach to the other Party. If the notified Party does not cure the breach, at its sole expense, within thirty (30) days after delivery of notice, the non-breaching Party may exercise any of its remedies provided under this Contract or at law, including immediate termination of the Contract. (B) [For Contract awards (see 2 CFR 180.220)] Debarment and Suspension (Executive Orders 12549 and 12689). Contractor attests that it is not listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. a. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the C ontractor is required to verify that none of the Contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). Official Purchasing Document Last updated 8/2022 Professional Services Agreement RFP 9900 Electric Vehicle Readiness Roadmap Update Page 34 of 36 b. The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. c. This certification is a material representation of fact relied upon by the City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. d. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (C) [All Contracts] Procurement of recovered materials (2 CFR §200.323). All parties agree to comply with all applicable requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. a. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: • Competitively within a timeframe providing for compliance with the contract performance schedule; • Meeting contract performance requirements; or • At a reasonable price. b. Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (D) [All Contracts] Prohibition on certain telecommunications and video surveillance services or equipment (2 CFR §200.216). Contractor is prohibited from using equipment, Official Purchasing Document Last updated 8/2022 Professional Services Agreement RFP 9900 Electric Vehicle Readiness Roadmap Update Page 35 of 36 services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (E) [All Contracts] 2 C.F.R. § 200.322 Domestic preferences for procurements. As appropriate and to the extent consistent with law, Contractor should, to the greatest extent practicable, prefer the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all Contracts and purchase orders for work or products under this award. (F) [All Contracts] 2 C.F.R. § 200.321 Small and Minority Businesses, Women’s Business Enterprises, and Labor Surplus Area Firms. The City will take affirmative steps to solicit and include small, minority, and women-owned businesses when possible in an effort to encourage participation and fair competition in providing supplies/services described in this solicitation. As set forth in 2 C.F.R. § 200.321(b)(1)-(5), such affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; Official Purchasing Document Last updated 8/2022 Professional Services Agreement RFP 9900 Electric Vehicle Readiness Roadmap Update Page 36 of 36 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. If subcontracts are to be let, Contractor must take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used as required by 2 C.F.R. § 200.321. (G) Bid Protest Procedures City of Fort Collins Bid Protest Procedures. The City of Fort Collins has a protest procedure covering any phase of solicitation or award, including but not limited to specification or award. The protest procedures are available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the procedures by emailing: Purchasing@fcgov.com or calling 970-221-6775. (H) Title VI of the Civil Rights Act of 1964 - The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. (I) Increasing Seat Belt Use in the United States – Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), the City encourages its contractors to adopt and enforce on- the-job seat belt policies and programs for their employees when operating company- owned, rented, or personally owned vehicles. (J) Reducing Text Messaging While Driving – Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), the City encourages its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and the City has established workplace safety policies to decrease accidents caused by distracted drivers.