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HomeMy WebLinkAboutRFP - P1029 MARKET RESEARCH (7)REQUEST FOR PROPOSAL CITY OF FORT COLLINS MARKET RESEARCH PROPOSAL NUMBER P1029 PROPOSAL DATE: 3:00 p.m.(our clock) SEPTEMBER 27, 2006 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 , [insert either a corporation, a partnership or an individual,doing business as WITNESSETH: hereinafter referred to as "Professional'. 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 ( ) pages, and incorporated herein by this reference. 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 ( ) pages, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence 2006, and shall continue in full force and effect until 2006, 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. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. . Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) 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 Standard Professional Services Agreement- rev09/01 /06 9 termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: With Copy to: City of Fort Collins, Purchasing PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. 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 attorneys fees, arising directly or indirectly out of the Professional's performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $ 6. 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 Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and Standard Professional Services Agreement- rev09/01 /06 10 costs shall not exceed ($ ). 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. [Optional] Insert Subcontractor ClauseFinal 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. 6. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: Hourly billing rates: Reimbursable direct costs: 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. 7. 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. Standard Professional Services Agreement- rev09/01/06 1 j 8. Project Drawings. [Optional] Upon conclusion of the project 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, 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. 9. 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. 10. 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. 11. Personal Services. It is understood that the City enters into this Agreement based on the 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 this Agreement without the prior written consent of the City. 12. 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 Standard Professional Services Agreement- rev09,'01i06 12 operate as a waiver of any rights or benefits provided to the City under this Agreement. 13. 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. 14. 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 himself 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. 15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties 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. 16. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. 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. 17. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the Standard Professional Services Agreement- rev09/01 /06 13 performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: A. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "Basic Pilot Program") in order to verify that Contractor does not employ any illegal aliens. B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. E. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. F. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department') made in the course Standard Professional Services Agreement- rev09/01 /06 14 of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. G. If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. H. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. 17. Special Provisions. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting Of ( ) pages, attached hereto and incorporated herein by this reference. Standard Professional Services Agreement- rev09/01/06 15 THE CITY OF FORT COLLINS, COLORADO By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management DATE: FASM-15 City Clerk 23in"I S2C073i1:T811 Assistant City Attorney [Insert Professional's name] or [Insert Partnership Name] or [Insert individual's name] or Doing business as [insert name of business] 0 Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: (Corporate Seal) Corporate Secretary Standard Professional Services Agreement- rev09/01 /06 16 [Optional] EXHIBIT" " CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City') pursuant to this Agreement (the "Agreement"), the Contractor 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 Contractor has agreed to perform, the Contractor 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 Contractor 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 Contractor shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Contractor 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 Contractor 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 Contractor 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 Contractor ceases to perform services for the City, or the City so requests for any reason, the Contractor 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 Contractor understands and agrees that the City's remedies at law for a breach of the Contractor'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. Standard Professional Services Agreement- rev09/01/06 17 7 . REQUEST FOR PROPOSAL City of Fort Collins Proposal Number P1029 Market Research The City of Fort Collins is seeking proposals from firms for market research. The Utilities is seeking proposals to conduct research and make recommendations about the following: • Benchmarking to previous research aspects including measurement of top service variables (approximately 12) and Fort Collins Utilities performance in those areas; • Overall rating of Fort Collins Utilities performance in its four utility service areas: Electric, Water, Wastewater, Stormwater; (The selected consultant will receive a copy of previous research at project onset) • Brand awareness; • Fort Collins Utilities' customer attitudes, perceptions and price tolerances about wind and other renewable electric power offerings, and demand -side management efforts to gain energy efficiency; and • Fort Collins Utilities' customer attitudes and perceptions about water resources and conservation; • And general price (rates) sensitivity. Written proposals, five (5) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), September 27, 2006. Proposal No. P1029. If delivered, they are to be sent to 215 North Mason Street, 2"d Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to Patty Bigner, Project Manager, (970) 416-2432. Questions regarding proposals submittal or process should be directed to Opal F. Dick, CPPO, Senior Buyer, (970) 221-6778. A copy of the Proposal may be obtained as follows: Download the Proposal/Bid from the BuySpeed Webpage, https://secure2.fcqov.com/bso/login.isD 2. Come by Purchasing at 215 North Mason St., 2"d floor, Fort Collins, and request a copy of the Bid. 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. 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 W W W JCflOV.Co1n CitV of Fort C ollifis 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. Sincerely, James B. O'Neill 11, CPPO, FNIGP Director of Purchasing & Risk Management 215 North Mason Street • 2Id Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 www.feeov.com Proposal Number P1029 Market Research Since 1999, Fort Collins Utilities has conducted comprehensive market research for all customer segments as part of its strategic planning process. The plan calls for performance benchmarking through periodic market research. The most recent research was conducted in 2003. During the last five years, Fort Collins Utilities has implemented City Council adopted policy for the four utilities. This policy direction includes the 2003 Electric Energy Supply Policy, the Water Supply and Demand Management Policy and the Stormwater Master Plans for the City's stormwater drainage basins. In each policy area, Fort Collins citizens are impacted, and successful implementation relies on interest and acceptance from Fort Collins citizens. The Utilities is seeking proposals to conduct research and make recommendations about the following: • Benchmarking to previous research aspects including measurement of top service variables (approximately 12) and Fort Collins Utilities performance in those areas; • Overall rating of Fort Collins Utilities performance in its four utility service areas: Electric, Water, Wastewater, Stormwater; (The selected consultant will receive a copy of previous research at project onset) • Brand awareness; • Fort Collins Utilities' customer attitudes, perceptions and price tolerances about wind and other renewable electric power offerings, and demand -side management efforts to gain energy efficiency; and • Fort Collins Utilities' customer attitudes and perceptions about water resources and conservation; • And general price (rates) sensitivity. The City of Fort Collins, at their option, reserves the right to use the selected consultant for like or similar work. Background Information The City of Fort Collins is a community of almost 140,000 highly educated and involved residents located approximately 60 miles north of Denver along Interstate 25. The City utilizes a city manager form of government and is governed by an elected seven member Council, including an elected mayor. The Utilities provides electric, water, wastewater and stormwater services to the community. The Utilities General Manager reports directly to the City Manager. Two citizen advisory boards, the Electric Board and Water Board, advise Council regarding electric and water utility policy issues. Council appoints Board Members. Electric The electric utility operates as a municipal utility wholly owned by Fort Collins citizens since 1935. In 1973, when operations at the City's generation plant were no longer financially feasible, the City of Fort Collins joined with municipal governments in Loveland, Estes Park and Longmont to create the Platte River Power Authority (Platte River), a joint action agency. Platte River allows the four cities to share the costs and benefits of generating, transmitting and exchanging electric power. Fort Collins Utilities owns and operates the distribution system. Electric Board The Fort Collins Electric Board was created by City Council in1991. The primary function of the Board is "to advise the City Council on policy matters pertaining to the municipal electric system" Demand -Side Management Programs Energy Services programs provide an opportunity for partnership with Fort Collins Utilities commercial and residential customers by offering innovative design and energy solutions to improve efficiency and reduce cost. These programs include commercial/industrial energy audits and incentives, design assistance, lighting demonstrations, and Zero Interest Loans for Conservation Help (ZILCH) and several Demand -Side Management programs. Wind Program Fort Collins Utilities offer residential and commercial customers the option to purchase clean, renewable wind power. The wind energy is provided by Platte River, from its Medicine Bow Wind Project and other sites. In addition to the voluntary Wind Power Program, all electric customers are paying 1 percent more in their electric rates to fund the renewable energy objectives of the Electric Energy Supply Policy, which was adopted by City Council in 2003. Water Resources & Conservation Fort Collins Utilities strives to provide a reliable and high quality water supply to our customers. Steps include diverting and storing the raw water supplies, processing the water at our treatment facility, distributing the treated water, and assuring water quality during each of these steps. Through careful management of our supplies and with continued conservation efforts by our customers, the City's water supply projections do not indicate the need for mandatory watering restrictions. Water needs to be used efficiently, however, and voluntary conservation efforts are still highly recommended. The Water Supply & Demand Management Policy helps guide the Utilities in balancing supplies and demands into the future, even during drought conditions. Water Board The City of Fort Collins Water Board advises the City Council regarding water, wastewater and stormwater policy issues such as water rights, planning, acquisition and management, conservation and public education, floodplain regulations, storm drainage and development design criteria. The Board reviews and makes recommendations on Water, Wastewater and Stormwater Utilities budgets, fees, water quality and local, state and federal water legislation. At times, the Board acts as a quasi-judicial body on floodplain regulation variances. It cooperates with regional entities to coordinate planning and maintain a dialogue on regional water issues. The Board is also involved in master planning and provides advice and citizen input regarding proposed policies and actions affecting Utilities customers. 9 Wastewater Fort Collins operates two plants that treat wastewater. Before water is returned to waterways, the Pollution Control Laboratory ensures that it meets or surpasses state and federal standards. Wastewater that enters the facilities is monitored for heavy metal contaminants. Some industries must pretreat their wastewater before it can be collected and treated. Stormwater Fort Collins Utilities updated the City's Drainage Basin Master Plan in June 2004 and revised the Floodplain Regulations in March 2005. Master plans describe the flooding history, identify potential problem areas and look at possible solutions. Floodplain regulations are used to manage the floodplain by reducing future damages and helping protect the health and safety of citizens. Fort Collins Utilities provides information and promotes awareness of flooding hazards and water quality issues; reduces flooding hazards with cost-effective capital projects; assists in the emergency response to flooding; manages policies and regulations to reduce future flooding hazards; and makes recommendations to City Council. Monthly rates fund these activities. Expected Results The following is a brief outline of the expected results of the research and consulting effort: Deliverables: 1. Development of market research methodology, including survey instruments, vendor hiring and management, and research report. 2. Secondary research to identify potential for customer satisfaction benchmarking with other similar communities and or utilities. 3. Recommendations based on customer perceptions found in primary and secondary research. Expected Outcomes 1. Fort Collins Utilities will have current information about attitudes, perceptions and price tolerances among commercial and residential customers with regard to the wind power and other renewable energy programs, and energy efficiency programs based on objective, statistically valid market research. 2. Fort Collins Utilities will have current information about attitudes, perceptions and price tolerances among commercial and residential customers with regard to water quality, water conservation and water resource and stormwater management based on objective, statistically valid market research. 3. Fort Collins Utilities will have current information about benchmarked customer satisfaction attributes. 9 Submittal Qualified consultants interested in the work described in the RFP should submit a minimum of the following information to the City: • Statement of understanding of the Utilities' situation, needs and objectives • Proposed consulting and research approach • Proposed scope of services • Proposed consulting team • Proposed schedule of activities • Service rate schedule (hourly rates applicable to consulting team members • Proposed range of project cost • Firm qualifications including reference projects and contacts, consultant's resume Review and Assessment Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals. Evaluation may also include an interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. Weicthting Factor Qualification Standard 2.0 Scope of Proposal Does the proposal show and understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Work Hours Do the proposed cost and work hours compare favorably with the project Manager's estimate? Are the work hours presented reasonable for the effort required? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? 7 Reference evaluation (Top Ranked Firm) The project manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. Qualification Standard Overall Performance Would you hire this Professional again? Did they show the Skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work competed within the project budget? Job Knowledge Did the project outcome meet the Scope of Work? e