HomeMy WebLinkAboutRFP - 7414 TECHNICAL CONSULTATION & PROGRAM MGMT FOR SUPPORT & INTEGRATION OF SMART GRID SOLUTION & RELATED SERVICESRFP 7414 Technical Consultation & Program Management for Smart Grid Page 1
REQUEST FOR PROPOSAL
7414 Technical Consultation and Program Management for SUPPORT AND
INTEGRATION OF SMART GRID solution and RELATED SERVICES
The City of Fort Collins Utility is currently soliciting proposals to support its continued
deployment and integration of the advanced metering infrastructure (AMI), its related
components, and continued development of Smart Grid capabilities. The Utility is specifically
seeking the professional services of a technical consulting firm to provide general support
services including program management, solution architecture, integration and implementation
services for deploying its SMART GRID technology solution including the required grant
execution tasks outlined by the DOE.
Written proposals, five (5) copies, 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), August 1, 2012. Proposal No. 7414. If delivered, they
are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the
address is P.O. Box 580, Fort Collins, 80522-0580.
This contract is partially funded by the ‘‘American Recovery and Reinvestment Act of 2009’’
(ARRA). In compliance with the ARRA contractors and subcontractor must adhere to the
provisions as outlined in the Federal Requirements attached to this Bid.
Questions concerning the scope of the project should be directed to Project Manager Dennis
Sumner, (970) 221-6718. Questions should be submitted in written format to:
dsumner@fcgov.com with a carbon copy to: odick@fcgov.com. Please format your e-
mail to include: 7414 SMART GRID in the subject line.
Questions regarding bid submittal or process should be directed to Opal Dick, CPPO, Senior
Buyer, (970)221-6778 or odick@fcgov.com.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
www.fcgov.com/eprocurement
The City of Fort Collins is subject to public information laws, which permit access to most
records and documents. Proprietary information in your response must be clearly identified and
will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in
their entirety. Information considered proprietary is limited to material treated as confidential in
the normal conduct of business, trade secrets, discount information, and individual product or
service pricing. Summary price information may not be designated as proprietary as such
information may be carried forward into other public documents. All provisions of any contract
resulting from this request for proposal will be public information.
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
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 7414 Technical Consultation & Program Management for Smart Grid Page 2
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,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
RFP 7414 Technical Consultation & Program Management for Smart Grid Page 3
Table of Contents
I. Objective ................................................................................................................................... 4
Services we plan to procure under this RFP ......................................................... 4
Overarching program requirements ...................................................................... 4
Minimum Compliance Requirements..................................................................... 5
Bidding Scenarios ................................................................................................. 5
II. Background .............................................................................................................................. 5
III. Request for Proposal Schedule ............................................................................................... 6
IV. Work Schedule ....................................................................................................................... 6
V. Impartiality ............................................................................................................................... 7
VI. Proposed Format ..................................................................................................................... 7
VII. Pricing ..................................................................................................................................... 8
VIII. Resources ............................................................................................................................. 9
IX. Method of Award ..................................................................................................................... 9
X. Selection Process ................................................................................................................... 10
XI. Submittal ............................................................................................................................... 11
ATTACHMENT 1 - Work Order # 1 ............................................................................................. 12
ATTACHMENT 2 - Professional Services Agreement (PSA) ..................................................... 16
RFP 7414 Technical Consultation & Program Management for Smart Grid Page 4
REQUEST FOR PROPOSAL
Technical Consultation and Program Management for SUPPORT AND INTEGRATION OF
SMART GRID solution and RELATED SERVICES
I. OBJECTIVE
The City of Fort Collins, Utilities was awarded a Smart Grid Investment Grant (SGIG) by the
U.S. Department of Energy (DOE) for the deployment of an advanced metering infrastructure
(AMI) system and other Smart Grid technologies. The City of Fort Collins Utility is currently
deploying advanced metering infrastructure (AMI), its related components, and plans for
additional Smart Grid investment, development, and support. The Utility is specifically seeking
the professional services of a technical consulting and system integration firm to provide general
support services, including program management, technical consultation, solution architecture,
integration and implementation services for continuing to deploy its Smart Grid technology
solution including the required grant execution tasks outlined by the DOE. As the Utility’s needs
evolve, additional work orders may be executed under this contract for new and specific
activities related to Smart Grid.
Services we plan to procure under this RFP include:
Rigorous Professional Program/Project Management
Systems Architectural Engineering
End to end technical Integration/Systems Engineering Leadership
Implementation Execution
Test Engineering
Business Process Transformation & Change Management, external and internal
Overarching program requirements:
Expert professional project management services to continue the project’s excellent
scope, schedule, quality, and cost performance.
Guidance on technology and integrations that will take us well into the future and not
become prematurely obsolete.
Troubleshooting and recommendations for any non-performing aspects of the system
Guidance on phased deployment of additional aspects of the system in the most efficient
and robust manner possible
All technology components must integrate with existing legacy systems, such as our
current ABB/Ventyx/Banner CIS billing system.
Adherence to important, emerging, open industry standards.
Recognition that data is a key outcome of SMART GRID deployment. Must ensure this
effort results in the data we need for the task components we have identified.
Smart Grid implementation will help the Utility achieve energy efficiency, peak
reductions, Quality of Service improvements, and business process efficiencies.
RFP 7414 Technical Consultation & Program Management for Smart Grid Page 5
Minimum Compliance Requirements:
Offeror’s proposal will be reviewed to determine if it meets Minimum Compliance Requirements
for further consideration. If it is concluded by Fort Collins Utilities that Offeror’s proposal does
not meet these requirements the proposal will be rejected at this point and will not receive any
further consideration. This review shall be based on the sole determination of Fort Collins
Utilities and the conclusions of this review shall be final.
Offeror is advised that they shall not have the opportunity to address any deficiencies after their
proposal has been submitted. Proposal should be complete and clearly include the required
information described below
Must have understanding of all Fort Collins legacy IT systems, new Smart Grid IT
systems, and required integrations
Must be able to join an ongoing project with very little or no disruption to current
activities.
Must have experience with the implementation of Elster AMI and Siemens/eMeter
MDMS Vendors. Desirable to have experience with Corix Endpoint Installation (EPI)
procedures and practices, Aclara Web Portal and Calico Demand Response Vendors.
Demonstrable prior experience in successful Smart Grid implementations in a municipal
utility environment
Must have the ability to expertly manage and facilitate vendor contracts and executive
contacts
Desirable to have experience working with local city government organizations and to
understand local government and their values and goals. Ability to provide alternative
options to the City. Be able to let City make final decisions and actively support those
decisions.
Must have demonstrated capability and skill to present varied aspects of AMI projects to
various third parties who are interested and impacted by this project. Examples include
Energy Board and City Council.
Must have understanding of the AMI/Smart Grid industry, technologies, costs and
benefits; and will have a proven track record and demonstrated experience assisting
other municipal utilities with all aspects of Smart Grid applications.
Must be able to promote the project and facilitate collaboration with third parties.
Desirable that Key Resources identified in Section VII “Resources” shall be local
residents to minimize travel expenses for the City and/or other options as may be offered
to minimize travel and similar overhead type costs.
Bidding Scenarios:
Proposer should submit multi-year rates and resumes of resources that meet this RFP’s
requirements as outlined herein.
In the case that the selected firm writes any applicable RFPs, that firm will not be able to
respond to those RFPs or provide the work they are suggesting through said RFPs.
RFP 7414 Technical Consultation & Program Management for Smart Grid Page 6
II. BACKGROUND
Utility provides electric service throughout the city limits and a small portion of the suburban
fringe limits (approximately 53 square miles). Water service is provided to the central portion of
the city limits and some suburban fringe (approximately 28 square miles). City population is
estimated at 143,986 according to 2010 Census data.
The following is a summary of active customers’ electric and water meters as of February 1010.
Electric Customers by Type of Meter
Type of Meter Active Meters
Residential 57,034
Commercial Single Phase 3,916
Commercial Poly Phase 3,273
TOTAL 64,223
Water Customers by Type of Service
Type of Service Active Meters
Residential 30,963
Commercial 2,765
TOTAL 33,728
Utility seeks the professional services of a consulting firm that understands the Smart Grid
industry, technologies, costs and benefits, and best practices with respect to Smart Grid
deployment and business process redesign to achieve expected benefits.
III. PROPOSAL SCHEDULE
The expected schedule for the consulting activity is as shown below.
RFP 7414 Technical Consultation & Program Management for Smart Grid Page 7
Milestone Date
RFP Release July 11, 2012
Cutoff date for any questions By 3:00 pm, July 18, 2012
All responses to Proposer Questions answered By 3:00 pm, July 23, 2012
Responses to RFP due By 3:00 pm, August 1, 2012
Read/Review all of the written proposals Expected by August 8, 2012
Interviews/Present Proposals August 15-16, 2012
IV. WORK SCHEDULE
The period of performance for the Technical Consultation and Program Management for
SUPPORT AND INTEGRATION OF SMART GRID solution is from contract award
(approximately September 2012) to December 31, 2017.
V. IMPARTIALITY
Utility is committed to objectivity, full disclosure and protection of propriety information in all its
procurement practices. Accordingly, bidders shall:
1. Disclose any current or recent (within the last two years) contractual relationship with
any supplier of Smart Grid technologies, AMI, MDMS systems or, meter installation or
integration services.
2. Explain any “partnering“ relationships with any AMI/Smart Grid-related company
3. Cite the AMI/Smart Grid experience of current personnel that are proposed for the
project only
4. Cite their experience in the investor owned/public power sector and their familiarity with
AMI/Smart Grid projects by other utilities.
5. Describe other current AMI/Smart Grid project commitments, and shall demonstrate that
ample expert personnel are available to meet Utility’s needs.
6. Provide a company organization chart and list & discuss any recent gains or losses of
technical, engineering, or management personnel involved in Smart Grid in the previous
18 months.
7. Discuss the impacts or changes associated with acquiring or being acquired by any
other firm within the past 3 years.
8. Discuss their experience with investor owned/municipal utilities of a size equal to or
larger than the City of Fort Collins Utilities.
9. Disclose any current or past litigation or contractual disputes over payment or
performance.
VI. PROPOSAL FORMAT
It is recommended that proposals include the following and confirm to the following outline.
A. Proposer Information
RFP 7414 Technical Consultation & Program Management for Smart Grid Page 8
Name of Organization, Address, City, State, Zip, Telephone, E-Mail Address, Name and
title of contact person, Federal tax identification number, and Organizational Mission or
Purpose.
B. Project Summary
Briefly describe your firm’s qualifications and address each minimum qualification and
impartiality criteria.
C. Budget
Provide T&M rates per the directions of Section VII.
D. Staff
Identify key personnel who will execute the project and briefly identify their duties and
responsibilities. Include resumes for each project participant.
E. Past Program Experience
Provide a description of similar relevant work performed and contact information for
three (3) or more recent references. It will be Fort Collin’s discretion to contact all,
some, or none of these references. In addition to a general description, please be
specific in answering the following questions:
How will you seamlessly engage with current project activities and tasks?
What experience with Fort Collin’s legacy operational systems do your personnel
have?
How many Next Axiom ESB’s have your personnel supported in integrating into
existing and evolving environments?
E. Work Order #1
Complete Work Order #1 as included herein as Exhibit D, specifically Section VII.
Compensation.
Paper copies of proposals shall be submitted on recycled paper wherever possible.
VII. PRICING
The City of Fort Collins desires time-and-material pricing for the services described herein over
the next 5 years. Rates shall be provided per year in the following job categories for 2012
through 2017.
Title Job Description
Project Director
Senior Executive with ultimate authority for large scale or turn key
projects reporting to senior executive sponsors. Industry known expert
in utility project management. Industry known expert in Smart Grid
technologies. At least two references each in AMI, MDMS, and DR
implementation projects serving in the Project Director or Project
Manager role.
Project Manager
Planning and administration of day-to-day project activities, monitoring
execution of project schedules, routine status reporting, communicating
risk and issues. At least one reference each in AMI, MDMS, and DR
RFP 7414 Technical Consultation & Program Management for Smart Grid Page 9
implementation projects serving in the Project Manager role. Proposed
personnel shall have project management training and recognized
project manager certification credentials.
Solution Architect
Technical expertise for business process analysis re-engineering and
integration analysis and implementation for enterprise integration.
Engineering expertise for ensuring the network elements, metering end
points and hardware interfaces of the Smart Grid system are deployed.
Minimum 15 years’ experience in utility IT systems, including CIS,
OMS, GIS, WMS, and DPS. At least one reference each in AMI,
MDMS, and DR implementation projects serving in the Solution
Architect role.
Principal Consultant
Business and technical expertise to advise on Smart Grid strategy,
business case development, enterprise architecture and infrastructure
planning and process evaluation. At least one reference each in AMI,
MDMS, and DR implementation projects serving in the Principal
Consultant role.
System Engineer Implementation and test of any defined requirements, functionality, or
integrations within the scope of the project. Subject Matter Expert with
smart grid technologies or functionality.
Communications
Specialist
Management and support of overall project communications efforts.
High degree of knowledge of Fort Collins Utilities, its customers, and
communications approach.
VIII. RESOURCES
Resumes shall be provided for candidates in the roles described in the pricing section. The
Project Director, Project Manager, and Solution Architect roles are viewed as Key Resources for
project success and candidates must be specifically named and a commitment of up to 75%
availability for the first 18 months of the project shall be provided to the Fort Collins.
IX. METHOD OF AWARD
The City of Fort Collins will review and rank submittals based on the criteria provided in this
Request for Proposal. Award shall be made to the highest ranked firm with satisfactory
references.
RFP 7414 Technical Consultation & Program Management for Smart Grid Page 10
X. SELECTION PROCESS
Professional firms will be evaluated on the following criteria. These criteria will be the basis for
review of the written proposals and 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 QUALIFICATION STANDARD
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 be working on the project
have the necessary skills? Are sufficient people of
the requisite skills assigned to the project? Do the
assigned personnel have past experience in
architecting, project managing, and technically
guiding other Smart Grid programs and projects to
successful completion? What has been their
success rate in delivering quality results in prior
engagements?
1.0 Availability Can resources start on the project immediately? 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?
2.0 Schedule 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 rates compare favorably with the
project Manager's estimate? Are any 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? Do the firm’s personnel
have past experience in architecting, project
managing, and technically guiding other Smart Grid
programs and projects to successful completion?
What has been the success rate in delivering quality
results in prior engagements? Do the firm’s
personnel have professional Project Management
experience and credentials? Does the firm have
broad and deep relevant technical skills?
RFP 7414 Technical Consultation & Program Management for Smart Grid Page 11
Reference evaluation (Top Ranked Firm)
The City Utilities’ 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 completed within the
project budget?
Job Knowledge a) If a study, did it meet the Scope of Work?
b) If Professional administered a construction contract,
was the project functional upon completion and did it
operate properly? Were problems corrected quickly
and effectively?
XI. SUBMITTAL
Submit an electronic copy to the City of Fort Collins, Purchasing Division:
purchasing@fcgov.com. Electronic copy can be sent via email, on a CD or USB flash drive.
Submit a total of five (5) printed copies to the City of Fort Collins, Purchasing Division.
RFP 7414 Technical Consultation & Program Management for Smart Grid Page 12
ATTACHMENT 1
Technical Consultation and Program Management
for
Support and Integration of Smart Grid Solution and Related Services
WORK ORDER #1:
This Work Order is as provided in Professional Services Agreement dated_______ by and
between the City of Fort Collins, a Municipal Corporation hereinafter referred to as the “City”
and _____________, hereinafter referred to as “Professional”, this Work Order for Professional
Services is agreed to by these parties.
I. OUTLINE OF TASKS
1. Program Management
a. Management of the centralized Program Management Office (PMO) as deemed
necessary.
b. Execute a compatible Professional Project Management Approach and Methodology with
Fort Collins
c. Manage Project Organization
d. Manage Project Execution Plan and Schedule
e. Manage Quality Assurance/Control
f. Plan for Issues and resolution of issues defined and implemented
g. Manage Change Control Plan
h. Manage Risk Management Plan
i. Manage Project Status Plan
j. Support/guidance in presentations to regulatory bodies, City Council and other concerned
parties.
2. Solution Architecture and Project Engineering
a. Assure that all system components integrate successfully including with existing legacy
systems.
b. Manage overall technical implementation
c. Troubleshoot and resolve technical, functional, performance, and integration issues
d. Training of Utilities’ staff on technical and business process changes as needed.
3. System Acceptance Testing
a. Test plan and execution of testing from endpoint to Enterprise Service Bus, through which
data must pass to other systems described herein
b. Test plan and execution of testing for integration of data from meters to head-ends to
MDMS system in mass deployment
c. Test plan and execution of testing for passing data to Customer Web Presentment
RFP 7414 Technical Consultation & Program Management for Smart Grid Page 13
d. Test plan and execution of testing for testing out Customer Web Presentment (Web
Portal)
e. Test plan and execution of testing for Demand Response Management System (DRMS)
f. Test plan and execution of test plan for Direct Load control capability
g. Test plan and execution of test plan for Real Time Pricing/ Time of Use (TOU) creation
and creation of Billing Determinants.
h. Management of the test process
4. Continued Implementation
a. Assistance in implementation of Customer Web Portal (Web presentment)
b. Assistance in implementation of Demand Response Management System (DRMS)
5. Utility & Consumer Communications
a. Management and support of overall project communications efforts
b. Monitoring of customer issues
c. Monitoring of national trends as they may impact AMFC
d. Development of communications strategy to address issues as they emerge, in
alignment with established core messaging
e. Tracking of customer concerns including online surveys to gather data on customer
perspectives and inform communications refinements
f. Implementation of communications tools and methods to support customer understanding
throughout project life cycle, consistent with adopted customer communications plan
g. Development of communications and engagement programs to support DR and web
portal roll out and implementation
h. Input to and development of guidelines for training customer contact personnel
i. Timely support to other issues as they arise or additional requests to support project
communications
II. SCHEDULE
The period of performance for work order #1 is from TBD (anticipated to begin between
September and November 2012) to June 30, 2013
III. PROJECT EXECUTION
Provide a task-by-task description of how each phase of work order #1 will be developed and
completed. Include proposed approach, tools, methods etc. to successfully complete each task.
IV. PROJECT TIMELINE
Provide a project timeline, with start and stop dates, and other significant milestones based on
Start date of September 1, 2012.
V. STAFF
Identify key personnel who will execute the project and briefly identify their duties and
responsibilities. Include resumes for each project participant.
RFP 7414 Technical Consultation & Program Management for Smart Grid Page 14
VI. ESTIMATED STAFF EFFORT
For the specific tasks and activities of Work Order #1, the following estimate of hours by task
should be bid as a “not to exceed” for the period of performance of Section IV.
Task Resource Estimated FTE
Commitment
Program Management Project Director 75%
Solution Architecture and Project
Engineering
Solution Architect 75%
System Acceptance Testing System Engineer 50%
Continued Implementation Principal Consultant 50%
Utility & Consumer Communications Communications Specialist 50%
VII. COMPENSATION (TO BE COMPLETED BY OFFEROR AS A PART OF RESPONSE TO RFP)
Professional Services
Resource Hours: 2012 / 2013e Compensation:
2012/2013
Project Director
Solution Architect
System Engineer
Principal Consultant
Communications Specialist
Reimbursable direct costs (refer to Professional Services Agreement: $_________
MAXIMUM compensation for both Professional’s time and reimbursable direct costs) not to
exceed: ___________
RFP 7414 Technical Consultation & Program Management for Smart Grid Page 15
This Work Order is agreed to by:
[Insert Professional's name] or
[Insert Partnership Name] or
[Insert individual's name] or
Doing business as [insert name of business]
By: __________________________________
Date: _______________________________
THE CITY OF FORT COLLINS, COLORADO
By: _________________________________
Dennis Sumner, Project Manager
DATE: ______________________________
By: _________________________________
Steve Catanach, L&P Operations Manager
DATE: ______________________________
By: _________________________________
Brian Janonis, Utilities Executive Director
(greater than $1,000,000)
DATE: ______________________________
By: _________________________________
James B. O’Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
(greater than ($60,000)
DATE: ______________________________
RFP 7414 Technical Consultation & Program Management for Smart Grid Page 16
ATTACHMENT 2
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 , hereinafter referred to as "Professional".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties for
services for . The conditions set forth herein shall apply to all services performed by the
Service Provider on behalf of the City and particularly described in Work Orders agreed upon in
writing by the parties from time to time. Such Work Orders, a sample of which is attached
hereto as Exhibit "A", consisting of ( ) page(s) and incorporated herein by this
reference, shall include a description of the services to be performed, the location and time for
performance, the amount of payment, any materials to be supplied by the City and any other
special circumstances relating to the performance of services. No work order shall exceed
$ . The only services authorized under this agreement are those which are performed
after receipt of such Work Order, except in emergency circumstances where oral work requests
may be issued. Oral requests for emergency actions will be confirmed by issuance of a written
Work Order within two (2) working days.
b. The City may, at any time during the term of a particular Work Order and
without invalidating the Agreement, make changes within the general scope of the particular
services assigned and the Service Provider agrees to perform such changed services.
2. Changes in the Work. The City reserves the right to independently bid any services
RFP 7414 Technical Consultation & Program Management for Smart Grid Page 17
rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this
Agreement shall obligate the City to have any particular service performed by the Service
Provider.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated as specified by each written Work Order or oral
emergency service request. Oral emergency service requests will be acted upon without
waiting for a written Work Order. Time is of the essence.
4. 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. 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 Professional and mailed no later than ninety
(90) days prior to contract end.
5. 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:
Professional:
City:
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
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
RFP 7414 Technical Consultation & Program Management for Smart Grid Page 18
Professional's obligations under this Agreement. Such payment shall be the Professional's sole
right and remedy for such termination.
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 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 $ .
7. Compensation. 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:
a. Professional Services:
i. Hourly Billing Rates:
Title 2012 Hourly Billing Rate:
Project Director
Project Manager
Solution Architect
Principal Consultant
System Engineer
Communications Specialist
ii. Annual Adjustments: Applicable annual percentage adjustments to 2017 based
on adjustments made for services provided beginning January first of each year
RFP 7414 Technical Consultation & Program Management for Smart Grid Page 19
are:__________.
b. Reimbursable direct costs: Reimbursable expenses shall be conform to Fort Collins
AMFC Expense Guidelines attached hereto as Exhibit C and as may be revised from
time to time over the course of this agreement subject to factors influencing applicable
cost and subject to mutual agreement by both parties.
c. Payment: 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.
8. 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.
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
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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 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.
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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. Pursuant to Section 8-17.5-101, C.R.S.,
et. seq., Professional represents and agrees that:
a. As of the date of this Agreement:
1. Professional does not knowingly employ or contract with an illegal alien who
will perform work under this Agreement; and
2. Professional will participate in either the e-Verify 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 “e-Verify Program”) or the Department Program (the
“Department Program”), an employment verification program established
pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment
eligibility of all newly hired employees to perform work under this Agreement.
b. Professional shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
c. Professional is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
d. If Professional obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien, Professional shall:
1. Notify such subcontractor and the City within three days that Professional has
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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 Professional
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.
e. Professional 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.
f. If Professional 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, Professional shall be liable for actual and consequential
damages to the City arising out of Professional’s violation of Subsection 8-17.5-102,
C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
18. Red Flags Rules. Service Provider must implement reasonable policies and
procedures to detect, prevent and mitigate the risk of identity theft in compliance with the
Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further,
Service Provider must take appropriate steps to mitigate identity theft if it occurs with one or
more of the City’s covered accounts.
19. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit “A “ - Confidentiality, attached
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hereto and incorporated herein by this reference and Exhibit “B” American Recovery &
Reinvestment Act of 2009.
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 Seal)
Corporate Secretary
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EXHIBIT A
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.
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EXHIBIT B
FEDERAL REQUIREMENTS
Access to Records: Contractor agrees to provide access to its books, documents, papers, and
records to the extent such are subject to inspection under applicable law
for the purpose of audit, examination, excerpts, and transcriptions.
Record Retention: Contractor shall retain all records for the greater of five years or for so long
as such records pertain to any disputes or other pending matters.
Clean Air Act: Contractor will comply with all applicable standards, orders, or
requirements issued under section 306 of the Clean Air Act (42 U.S.C.
1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive
Order 11738, and Environmental Protection Agency regulations (40 CFR
part 15).
Energy Policy and Conservation Act: Contractor will comply with mandatory standards and
policies relating to energy efficiency which are contained in the state
energy conservation plan issued in compliance with the Energy Policy
and Conservation Act (Pub. L. 94–163, 89 Stat. 871).
Lobbying Restrictions: By accepting funds under this award, you agree that none of the funds
obligated on the award shall be expended, directly or indirectly, to
influence congressional action on any legislation or appropriation matters
pending before Congress, other than to communicate to Members of
Congress as described in 18 U.S.C. 1913. This restriction is in addition to
those prescribed elsewhere in statute and regulation.
No Obligation by the Federal Government: The Purchaser and Contractor acknowledge and
agree that, notwithstanding any concurrence by the Federal Government
in or approval of the solicitation or award of the underlying contract,
absent the express written consent by the Federal Government, the
Federal Government is not a party to this contract and shall not be
subject to any obligations or liabilities to the Purchaser, Contractor, or any
other party (whether or not a party to that contract) pertaining to any
matter resulting from the underlying contract.
The Contractor agrees to include the above clause in each subcontract
financed in whole or in part with Federal assistance provided by DOE. It
is further agreed that the clause shall not be modified, except to identify
the subcontractor who will be subject to its provisions.
Federal Changes: Subject to Pricing and Time Schedule as provided below, Contractor shall
at all times comply with all applicable DOE regulations, policies,
procedures and directives, including without limitation those listed directly
or by reference in the Grant Agreement between City and DOE, as they
may be amended or promulgated from time to time during the term of this
contract.
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Pricing and Time Schedule: The price(s) and time schedule(s) set forth
herein are based on applicable laws, rules, regulations, orders or
requirements of governmental authorities and other applicable codes and
standards effective on the day prior to the date of Contractor’ bid,
proposal, quote or other response to the City’s initial solicitation or inquiry.
Any change to any law, rule, regulation, order, code, standard or
requirement (including any changes in application or interpretation
thereof) which requires any change or addition to the work hereunder
shall entitle Contractor to an equitable adjustment in the Agreement
price(s) and time schedule(s).
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. In the event of
any such early termination by the City, the Contractor shall be paid for all
services performed prior to the date of termination including a reasonable
profit margin on such services and for all reasonable costs arising from
such termination Such payment shall be the Contractor's sole right and
remedy for such termination
Disputes: The parties shall make a diligent, good faith attempt to resolve by
negotiation all disputes arising out of or in connection with this
Agreement. If such negotiation is unsuccessful within a period of forty-
five (45) days, the parties shall make a diligent, good faith attempt to
settle the dispute by mediation. If such mediation is unsuccessful within a
reasonable period of time, either party may submit any unresolved
dispute to arbitration in accordance with the Commercial Arbitration Rules
of the American Arbitration Association. Any such arbitration shall be
conducted in Denver, Colorado, by the Regional Office of the American
Arbitration Association. Any award shall be final and binding, and may be
entered into a court of competent jurisdiction for enforcement.
Performance during Dispute: Unless otherwise directed by City, Contractor shall continue
performance under this Contract while matters in dispute are being
resolved
Claims for Damages: Should either party to the Contract suffer injury or damage to person or
property because of any act or omission of the party or of any of his
employees, agents or others for whose acts he is legally liable, a claim for
damages therefore shall be made in writing to such other party within a
reasonable time after the first observance of such injury of damage.
Remedies: The laws of the State of Colorado shall govern the validity, interpretation
and enforcement of this Agreement. Assignment may be made only with
the written consent of both parties; provided, however, that Contractor
may assign to its affiliate without consent. Venue for the resolution of any
dispute requiring court action shall be in U.S.Federal Court in Denver,
Colorado.
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Rights and Remedies: The duties and obligations imposed by the Contract Documents and
the rights and remedies available there under shall be in addition to and
not a limitation of any duties, obligations, rights and remedies otherwise
imposed or available by law. No action or failure to act by the (Recipient),
(Architect) or Contractor shall constitute a waiver of any right or duty
afforded any of them under the Contract, nor shall any such action or
failure to act constitute an approval of or acquiescence in any breach
there under, except as may be specifically agreed in writing.
XII. ‘‘American Recovery and Reinvestment Act of 2009’’
XIII. Procurement Provisions:
This contract is funded by the ‘‘American Recovery and Reinvestment Act of 2009’’ (ARRA). In
compliance with the ARRA contractors and subcontractor must adhere to the following
provisions:
XIV. ARRA TITLE XV—ACCOUNTABILITY AND TRANSPARENCY
BUY AMERICAN
SEC. 1605. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS. (a) None of
the funds appropriated or otherwise made available by this Act may be used for a project for the
construction, alteration, maintenance, or repair of a public building or public work unless all of
the iron, steel, and manufactured goods used in the project are produced in the United States.
(b) Subsection (a) shall not apply in any case or category of cases in which the head of the
Federal department or agency involved finds that— (1) applying subsection (a) would be
inconsistent with the public interest; (2) iron, steel, and the relevant manufactured goods are not
produced in the United States in sufficient and reasonably available quantities and of a
satisfactory quality; or (3) inclusion of iron, steel, and manufactured goods produced in the
United States will increase the cost of the overall project by more than 25 percent. (c) If the
head of a Federal department or agency determines that it is necessary to waive the application
of subsection (a) based on a finding under subsection (b), the head of the department or agency
shall publish in the Federal Register a detailed written justification as to why the provision is
being waived. (d) This section shall be applied in a manner consistent with United States
obligations under international agreements.
ECONOMIC STABILIZATION CONTRACTING
SEC. 1611. HIRING AMERICAN WORKERS IN COMPANIES RECEIVING TARP FUNDING.
(a) SHORT TITLE.—This section may be cited as the ‘‘Employ American Workers Act’’. (b)
PROHIBITION.— (1) IN GENERAL.—Notwithstanding any other provision of law, it shall be
unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of
2008 (Public Law 110–343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to
hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements
for an H–1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C.
1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not
apply. (2) DEFINED TERM.—In this subsection, the term ‘‘hire’’ means to permit a new
employee to commence a period of employment.
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EXHIBIT C
Fort Collins AMFC Expense Guidelines:
Lodging, Per Diem Meals and Incidentals and Other expenses:
December 19, 2011
Fort Collins Policy:
Lodging:
Hotels will be reimbursed at $84/day provided the government rate is available. If the
government rate is not available, the best available rate shall be used and a printout of
the available rates at the time of the reservation provided as documentation.
Hotel taxes do not count to the $84 limit, i.e. the rate is $84 plus applicable taxes.
Receipts are to be provided.
Actual expense will apply
Meals and Incidentals:
In lieu of requiring expense receipts, Fort Collins will use Federal GSA per diem guidelines.
Daily rate: $56
Travel Days rate: 75% of $56 = $42
Vehicle Expenses:
All costs related to rental vehicles (gas, parking, etc.) must be documented if they are to
be reimbursed. The standard for vehicle size is mid-size to lower.
If a private vehicle is used, mileage will be reimbursed using the mileage rate set by the
IRS. The most direct route is the standard for determining total mileage.
Extra Ordinary Cost
Prior authorization required.
Expenses Not Allowed
Liquor, movies, or entertainment (including in-room movies);
Sporting events;
Laundry, dry-cleaning or shoe repair;
Personal phone calls, including connection and long-distance fees;
Computer connections (unless required for City business);
Other personal expenses not directly related to City business;
Convenience charges;
Rescheduling Airline Charges not related to City requirements.
Excessive meal tip amounts generally over 20%;
Delivery fees shall not exceed 10% of the total bill, if not already included;
Hotel Cleaning Tips;
Extra Baggage for one day trips;
Air Travel (when local);
Items that are supplied by the City.
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Time Frame for Reporting
Per contract (every 30 days).
Reference:
The Federal GSA guidelines for Fort Collins are $84/day for hotel and $56 for meals and
incidentals (M&IE). (Incidentals are defined as 1) fees and tips given to porters, baggage
carriers, bellhops, hotel maids, stewards or stewardesses , and 2) transportation between
places of lodging or business and places where meals are taken). Hotel taxes (i.e. lodging
taxes) are not covered by per diem and are expensed as a separate line item.
The M&IE is further broken down by:
Breakfast: $9
Lunch: $13
Dinner: $29
Incidentals: $5
Federal guidelines further provide for the use of 75% of the M&IE rate for travel days, i.e. $42
for Fort Collins.
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EXHIBIT D
RFP and Professional’s Response thereto
(INSERT RFP AND VENDOR’S PROPOSAL)