HomeMy WebLinkAboutRFP - P883 CONSULTING SERVICES CABLE TV FRANCHISE RENEWCity of Fort Collins
Administrative Services
Purchasing Division
REQUEST FOR PROPOSAL
Proposal Number P-883
CABLE TV FRANCHISE RENEWAL CONSULTING SERVICES
The City of Fort Collins is requesting proposals for consulting services for Cable TV franchise
renewal. The renewal process will begin with a 10th year review; and will include a financial audit,
technical analysis, and negotiations with AT&T/Comcast.
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 2:00 p.m.
(our clock), March 17, 2003, identified as Proposal No. P-883. If delivered, they are to be sent to
215 North Mason Street, 2Id Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box
580, Fort Collins, 80522-0580.
Questions regarding proposals submittal or process should be directed to Ed Bonnette, C.P.M.,
CPIM, Buyer, 970-416-2247. E-mail address: ebonnette@fcgov.com.
After contract award pursuant to the RFP, each appropriate City department and agencywill request
necessary services directly from the contractor. However, during the RFP process, questions
concerning the scope of work should be directed to Elizabeth Stroh, Project Manager, Fort Collins
Information Technology (IT) Department, 970-221-6522. E-mail address: Istroh@fcgov.com.
A copy of the Proposal may be obtained as follows:
1. Call the Purchasing Fax -line, 970-416-2033 and follow the verbal instruction to
request document #30883.
2. Download the Proposal/Bid from the Purchasing Webpage,
www.fcaov.com/purchasing.
3. 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 C llins, CO 80522-0580 - (970) 221-6775 - FAX (970) 221-6707
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 11 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.
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 quality, prepared
on stable mylar base material using a non -fading process to prove for long storage and high quality
reproduction.
9. Monthly Report. Commencing thirty (30) days after the date of execution of this
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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 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
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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. Bindinq 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. 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
( ) page[s], attached hereto and incorporated herein by this reference.
THE CITY OF FORT COLLINS, COLORADO
By:
John F. Fischbach
City Manager
By:
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
DATE:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
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[Insert Professional's name] or
[Insert Partnership Name] or
[Insert individual's name]
Doing business as [insert name of business]
M
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST:
Corporate Secretary
(Corporate Sea])
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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,
i�) OAS L
Ja es B. O'Neill II, CPPO, FNIGP
rector of Purchasing & Risk Management
FA
Proposal No. P-883
Cable TV Franchise Renewal Consulting Services
Section 1.0: Proposal Requirements
1.1 General Description
The City of Fort Collins is soliciting proposals for consulting services for Cable TV franchise renewal.
The renewal process will begin with a 10th year review; and will include a financial audit, technical
analysis, and negotiations with AT&T/Comcast.
1.2 Proposal Submittal
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
Firms submitting proposals shall submit five (5) copies of the proposal with the following information:
a. Company history and experience in consulting services for Cable TV franchise
renewal, as described in the scope of work.
b. The name and resume of the company's representative(s) — both primary and
backup — who would be responsible for coordinating with the City's Information
Technology Department on all aspects of the requested services.
C. References from five or more organizations whom have used your company for
similar products and services within the last two years.
d. A written description of the proposed products and services as required below.
e. Pricing, as requested.
The proposal must be signed by a duly authorized representative of the firm submitting the proposal.
The signature shall include the title of the individual signing the proposal.
Section 2.0: Background
The City of Fort Collins is a community of approximately 118,000 residents, with about 32,000
cable television subscribers. The existing Franchise, with AT&T/Comcast, expires November,
2005. This franchise was originally negotiated with the World Company, dba Columbine
Cablevision. The system was sold to TCI in 1996 and to AT&T Broadband in 1999. The merger
of AT&T Broadband and ComCast Cable in 2003 will be the final transfer of ownership prior to
the 10th year review. The existing franchise was for 15 years, reduced to 12 after the sale to
TCI. The tenth year review will begin in January of 2003, and will coincide with some of the
activities of the franchising process. On December 23, 2002 the City of Fort Collins received a
request for renewal from AT&T/Comcast using the informal renewal process allowed for under
the 1992 Cable Act.
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The existing Franchise Agreement is available for viewing; if interested, please contact Ed
Bonnette, C.P.M., CPIM, Buyer at ebonnette(o)-fcgov.com.
City ordinances governing the Cable Franchise can be viewed by going to the City website:
Go to www.fcgov.com.
Click on city code in the upper right-hand corner.
Click on either City Charter or Municipal Code.
Click on CHARTER; go to ARTICLE XI. FRANCHISES AND PUBLIC UTILITIES; or
Click on CHAPTER 6 CABLE COMMUNICATIONS.
Section 3.0: Scope of Work
The City is seeking professional consultation services in the renewal of its cable TV franchise
agreement. The City Attorney's Office and the Information Technology Media staff will work
closely with the consultant to complete activities related to the technical, financial and legal
aspects of franchise renewal; as well as a review of past performance.
Joint proposals from consulting and technical firms are welcome. The City Attorney's office has
retained outside counsel for assistance with legal review. The following describes requirements
and anticipated activities. Proposals may include other activities the submitter deems important
or necessary.
Scope of Work Tasks #1 through #8
1 Review the City's plan for the10th year review process; work with staff to modify the
plan as appropriate.
2 Assist City staff with various review activities, including a community needs
assessment, customer satisfaction survey, and public meetings.
3 Prepare a written plan for the renewal process, accompanied by a timeline.
4 Review existing Cable TV franchise agreement and suggest additional elements that
the City might wish to consider including in any new franchise agreement.
5 Attend and/or assist with negotiations with the AT&T/Comcast Cable TV company.
6 Provide engineering expertise related to the technical review, or assist the City in
developing an RFP for these services. Engineering firms must be licensed in the
state of Colorado.
7 Provide guidance and assistance, as needed, regarding various regulatory
requirements at the Federal and state level.
8 Attend various meetings and events to discuss aspects of the proposed franchise
agreement with the City's Telecommunications Advisory Board, City Council work
sessions, Council hearings, etc.
At a minimum, the consultant needs to plan on attending 2 council meetings, 2
meetings with the City Manager/Service Director and a minimum of 3 public
meetings in order to solicit input from the community.
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Section 4.0: Pricing and Invoicing
4.1 Pricing Submittal
In your written response to this proposal please provide pricing to cover the following items:
Estimated hours, Hourly Rate, and Total Not to Exceed Cost to complete each Scope of
Work Task #1 through #8. Please include a list of names of the individuals that will be
working on each Task, the Estimated Hours they will be spending on each Task, and the
Price per Hour for each. Please include the Total Not to Exceed Cost for completion of each
Task.
Please include any Pertinent Comments relevant to your cost to complete each Task #1
through #8.
4.3 Billing:
The consultant will be paid on a cost reimbursement basis. Invoices will be submitted monthly.
For each individual charging personnel time on an Invoice, the invoice must be accompanied by
documentation showing:
Staff person's name
Staff person's hourly rate
Total hours worked for that billing period
Total Hours worked on each Scope of Work Task # (1 through 8)
Bullet points of tasks accomplished for that Billing Period
Expenses for any travel and materials must be itemized. Copies of receipts must be provided for
any itemized expenses.
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Section 5.0: Time Line
The current franchise expires November 1, 2005. The firm receiving the award is expected to begin
in May 2003 and finish before the expiration date. Please include a Time Line in your Proposal,
detailing expected Completion Date for Scope of Work Tasks #1 through #8; and for successful
completion of the Project.
Section 6.0: Evaluation
6.1 Evaluation and Assessment of Proposal
An evaluation committee shall rank the interested firms based on their written proposals using the
ranking system set forth below. Firms shall be evaluated on the following criteria.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 an average rating, and 5 an
outstanding rating. Recommended weighing factors for the criteria are listed adjacent to the
qualification.
Weighting
Qualification
Standard
Factor
2.0
Scope of Proposal
Does the proposal show an 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 work on the contract have
the necessary skills? Are sufficient people of the
requisite skills assigned to the contract?
1.0
Availability
Can the work be completed in the time frame
required? Can targeted start- and completion -dates
be met? Are other qualified personnel available, if
required, to assist in meeting the project schedule?
Is the project team available to attend meetings as
required by the Scope of Work?
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
Hours
favorably with the Project Manager's estimate? Are
the work hours presented reasonable for the effort
required in each project task or phase?
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?
on
6.2 Reference Evaluation (Top -ranked firms)
The Project Managers will check references using the following criteria. The evaluation rankings
will be labeled Satisfactory / Unsatisfactory.
6.3 Qualification and Standard
a. Overall Performance - Would you hire this company again?
b. Timetable - Was the original Scope of Work completed within the specified time?
Were interim deadlines met in a timely manner?
C. Completeness - Was the company responsive to client needs; did the company
anticipate problems? Were problems solved quickly and effectively?
d. Budget - Was the original Scope of Work completed within the project budget?
e. Job Knowledge - Did company personnel exhibit the knowledge and skills necessary
for the efficient completion of the Scope of Work?
Section 7.0: Proposal Acceptance
All proposals shall remain subject to initial acceptance 90 days after the day of submittal. The
selected vendor will be expected to sign the City's Professional Services Agreement without
revision. (See sample attached).
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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 1, hereinafter referred to as "Professional'.
W ITNESSETH:
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.
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. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated within ( ) days following execution of this
Agreement. Services shall be completed no later than . Time is of the essence. Any
extensions of the time limit set forth above must be agreed upon in writing by the parties hereto.
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 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:
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Professional: City: With Copy to:
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 negligent 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 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. Final payment
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