HomeMy WebLinkAboutRFP - P1048 WATER CONSERVATION PLANREQUEST FOR PROPOSAL
P1048 Water Conservation Plan
City of Fort Collins
The City of Fort Collins Utilities would like to hire a consultant to help develop a new water
conservation plan.
Written proposals, six (6) 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), November 2, 2006. Proposal No. P1048. 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 Project Manager Laurie
D'Audney, (970) 221-6877.
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,
hftps://secure2.fc-gov.com/bso/login.esp
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.
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,
J me . O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
215 North Mason Street • 2°" Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 9 Fax (970) 221-6707 www.fceov.com
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.
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 Emolovina Illegal Aliens. This paragraph shall apply
to all Contractors whose performance of work under this Agreement does not involve the
Standard Professional Services Agreement- rev08/22/06
10
delivery of a specific end product other than reports that are merely incidental to the
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.
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.
Standard Professional Services Agreement- rev08/22/06
F. Contractor shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course
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- rev08/22/06
12
THE CITY OF FORT COLLINS, COLORADO
By:
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
DATE:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
[Insert Professional's name] or
[Insert Partnership Name] or
[Insert individual's name] or
Doing business as [insert name of business]
By:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST:
Corporate Secretary
Standard Professional Services Agreement- rev08/22/06
(Corporate Seal)
13
[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-rev08/22/06
14
Request for Proposal
P1048 Water Conservation Plan
Fort Collins Utilities
Fort Collins Utilities has had an approved water conservation plan on file with the Colorado Water
Conservation Board (CWCB) since 1996. However, to comply with the Water Conservation Act of
2004, the plans must be updated to meet the minimum new requirements. The City of Fort Collins
Utilities would like to hire a consultant to help develop a new water conservation plan.
A water conservation plan will assist the City in selecting cost effective conservation measures to
achieve the desired savings goal. Another purpose is to have a water conservation plan approved
and on file with the Colorado Water Conservation Board (CWCB). The City proposes to follow the
nine planning steps described in CWCB's model plan in the Water Conservation Plan Development
Guidance Document.
Project Tasks
The following tasks will be completed in the process of developing the water conservation plan for
the City of Fort Collins. A few of the tasks will be completed solely by the City or the Consultant;
others they will work on together.
Task 1: Profile water system, demands, projections and conservation goals
(CWCB planning steps 1, 2, 3 and 4)
This task will assemble a detailed description of the City's existing supply system, sources of water,
raw water demands, system limitations, water cost and pricing, planning initiatives, conservation
activities and conservation goals. Much of this work has already been accomplished and will be
completed by Fort Collins Utilities.
Task 2: Develop implementation scenarios
(CWCB planning step 5)
This task will examine the available conservation measures and select options that are most cost-
effective for Fort Collins. The Consultant will take the lead on this task, but will need to work closely
with City staff. The result of this task will be a set of four scenarios that include practices, programs,
policies and measures that could be implemented.
The scenarios will include water conservation measures that include all the City's customer
sectors —residential, multi -family and commercial. Scenarios will include educational, regulatory,
incentive, rate structure and operational measures. Both indoor and outdoor measures will be part of
the mix. Only proven, cost-effective efficiency measures will be included in any of the scenarios.
The four scenarios are:
1. Baseline scenario — minimal conservation program. This scenario will project demands in Fort
Collins without conservation programs, assuming only that the current plumbing codes remain in
place and that natural replacement of inefficient fixtures continues at a normal rate. This is the
scenario against which all others should be compared.
2. Basic conservation scenario — low intensity conservation program. This scenario will be a
limited, low cost conservation program.
3. Moderate conservation scenario — medium intensity conservation program. This scenario will
be a mid -range conservation program offering a selection of cost effective efficiency measures.
4. Intensive conservation scenario — aggressive intensity conservation program aimed to achieve
maximum water savings. This scenario will include all cost effective water efficiency measures
selected for inclusion by the City staff and stakeholder groups.
The Consultant will provide a list of potential measures, and their estimated water savings,
implementation costs, administrative staff time and other relevant selection criteria. The Consultant
will present the four scenarios to City staff and the Fort Collins Water Board's Water Conservation
and Public Education Committee. The measures to be included in each scenario will be agreed upon
through discussions and meetings with the staff and Committee.
Task 3: Model conservation scenarios
(C WC8 planning steps 6 and 7)
In this task, the Consultant will model the four conservation planning scenarios developed in Task 2
to determine their impact on demand in Fort Collins and the relative benefits and costs of each
scenario. A 20-year operations study will be performed in which the four different planning scenarios
will be analyzed with respect to their impact in several important areas. Impacts on future water
demands will obviously be of major interest. The study will show how each conservation program will
impact annual water use by class over the study period. This will allow estimates to be made of
water savings for each studied program. A dollar value for this will be based on the projected
avoided costs to the City for purchase, treatment and delivery of water. Benefits to the customers will
be calculated based on savings in water and sewer charges.
Costs and benefits to the City and the customers will be calculated over the 20-year planning period
and a present worth analysis will be performed to allow a benefit cost ratio to be calculated. The
benefit/cost ratios of the various evaluated programs will be tabulated for comparison and
evaluation. Where intangible or external benefits exist, these will be described so that the City can
include these factors in their analysis of options. In addition, most of Fort Collins Utilities' costs are
fixed; so that a 10% reduction in total water use may only decrease system costs by 1-2%.
Task 4: Draft conservation plan
(CWCB planning steps 8 and 9)
The City and Consultant will work closely together to write the water conservation plan. The plan will
explain baseline water use in Fort Collins, the demand projections based on future growth in the
City, and how the water conservation measures were chosen and evaluated. The plan will
recommend an implementation program including an annual conservation budget for the next 10
years.
The conservation plan will describe how and why individual conservation measures were grouped
into water management scenarios, and how the benefits and costs for each were determined. The
various water management programs will be ranked according to their benefits and costs, with
allowances for intangibles. This will include an evaluation of the community benefits of providing
sufficient water for trees and an acceptable level of landscaping.
The conservation plan will make recommendations for the most appropriate management program
(based on discussions with City staff, the Water Board and other relevant stakeholders) and will
suggest reasonable and realistic water saving targets. The plan will also recommend procedures to
verify the impacts of the conservation program once it is in place and suggest a process for revising
the program if necessary.
Task 5: Implement review and approval process
The City will be responsible for this task. A draft water conservation plan will be reviewed by City
staff, the Water Board, the public and any other interested entities. The City will develop a public
participation plan to solicit public comments during the plan's development. The draft plan will be
made publicly available and public participation may include an open house, press releases,
meetings and/or other outreach methods.
Comments, suggestions and concerns will be considered and incorporated into the plan as deemed
appropriate. The Fort Collins Water Board will approve the plan and recommend its adoption by City
Council. After City Council adopts the plan, it will be submitted to the State for CWCB's approval.
Project Schedule
A project schedule for each task is shown below.
Task Name
Start
Finish
1
Profile waters stem, current demands & planning projections
10/16/06
11/17/06
2
Develo conservation goals & implementation scenarios
11/20/06
12/15/06
3
Model conservation scenarios
12/18/06
1/26/07
4
Draft conservation plan
1/29/07
3/3/07
5
Im lement review & approval process
3/3/07
8/1/07
Project Task Assignments
Fort Collins Utilities and the Consultant will work together to complete the Water Conservation Plan.
Work on the five tasks specified above will be divided between FCU and the Consultant according to
the chart below.
Task Fort Collins Consultant
Utilities
1
Profile water system, current demands, planning
projections, conservation activities and goals
X
2
Develop implementation scenarios
X
X
3
Model conservation scenarios
X
4
Draft conservation plan
X
X
5
Implement review & approval process
X
Expected Results
The following is a brief outline of the expected results of the research and consulting effort:
Deliverables:
1. Work with the Utilities to develop implementation scenarios.
2. Provide modeling of conservation scenarios.
3. Work with the Utilities to prepare a draft water conservation plan.
Expected Outcomes
1. Fort Collins Utilities will have a prepared water conservation plan meeting CWCB's
minimum requirements.
2. Fort Collins Utilities will have a costs and benefits analysis for potential water
conservation measures.
3. Fort Collins Utilities will have four combinations of conservation programs to evaluate for
inclusion in conservation plan.
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.
Weighting
Factor Oualifir_atinn 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
Do the persons who will be working on the project have
Personnel
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
Do the proposed cost and work hours compare favorably
Hours
with the project Manager's estimate? Are the work hours
resented 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?
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 thisproject?
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?
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,
Standard Professional Services Agreement- rev08/22/06
6
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 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
Standard Professional Services Agreement- rev08/22/06
7
fixed fee in the amount of ($ ) plus reimbursable direct costs. All such
fees and 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
Standard Professional Services Agreement- rev08/22/06
8
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.
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
Standard Professional Services Agreement- rev08/22/06
9