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HomeMy WebLinkAboutRFP - 8899 HOME UTILITY REPORTSRFP 8899 Home Utility Reports Page 1 of 28 REQUEST FOR PROPOSAL 8899 HOME UTILITY REPORTS The City of Fort Collins is requesting proposals from qualified Vendors to administer and implement behavioral efficiency programs to deliver verified energy and water savings. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file and e-mailed to: purchasing@fcgov.com. If electing to submit a hard copy proposal we require one (1) hard copy and one (1) electronic copy on a jump drive to be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock) on May 3, 2019 and referenced as Proposal No. 8899 Home Utility Reports. 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. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. All questions should be submitted, in writing via email, to Marisa Donegon, Buyer at mdonegon@fcgov.com, no later than 5:00 PM MST (our clock) on April 19, 2019. Please format your e-mail to include: RFP 8899 Home Utility Reports in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by Bidnet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. This RFP has been posted utilizing the following Commodity Code(s): 90627 Energy Management – Architectural 90628 Energy Conservation: New Energy Sources – Architectural 91016 Energy Conservation Services 91843 Environmental Consulting 92534 Energy Management Engineering 92595 Utilities (Gas, Steam, Electric) Engineering 96131 Energy Comprehensive Performance Services Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Vendors may submit RFP 8899 Home Utility Reports Page 2 of 28 one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, the Vendor may redact text and/or data that it deems confidential or proprietary pursuant to CORA. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA trade secrets, confidential commercial and financial data information is not required to be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. New Vendors: The City requires new Vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit with your proposal. 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. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. The selected Vendor shall be expected to sign the City’s standard Agreement prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry Paul Purchasing Director RFP 8899 Home Utility Reports Page 3 of 28 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins Utilities (Utilities) is requesting proposals from qualified Vendors to administer and implement behavioral efficiency programs to deliver verified energy and water savings. Throughout this Request for Proposal (RFP), utility report is defined to include both electricity and water services. Where delineation is necessary, the RFP calls out electricity or water separately as required. The City of Fort Collins (City) has established ambitious sustainability goals, including those defined by the Energy Policy, Water Efficiency Plan and Climate Action Plan (CAP). The CAP implementation plan calls for expanded energy efficiency results, which are projected to account for nearly 50% of the 2030 CAP reduction targets for greenhouse gas emissions. Achieving these objectives will, at least in part, be accomplished by facilitating Utilities electric and water customers to continue to modify their behaviors when using energy and water. Utilities is seeking to expand its behavioral efficiency program beyond printed Home Utility Reports (HURs) that have traditionally defined the program and its success. While resource savings will remain a cornerstone of the program covered in this RFP, Utilities is seeking Vendor capabilities and services to offer to customers seeking increasingly broad utility services and useful energy and water use information. Utilities prefers proposals for integrated electricity and water reports and/or partnerships which provide a complete suite of services described in this RFP. However, proposals for separate elements of services may also be considered. B. Background Fort Collins is a vibrant community of approximately 160,000 residents located 65 miles north of Denver, at the base of the foothills of the Rocky Mountains. The city is 56 square miles in size and is the northern extension of the “Colorado Front Range” urban corridor. Utilities serves more than 60,000 residential electric customers and over 30,000 residential water customers. Utilities also provides wastewater, storm water, financing services and soon, broadband services. More information about Utilities can be found at www.fcgov.com/utilities. Xcel Energy serves approximately 53,000 residential natural gas customers in Fort Collins. In 2009, Utilities partnered with its current vendor to bring home energy use reports to 20,000 residential customers, using a randomized control test (RCT) for measurement and verification of energy savings. In 2013, after reviewing modeled savings assumptions generated after our RCT, Home Energy Reports were expanded to all residential customers. Starting in 2014, the behavioral strategy was expanded by sending a water specific report to approximately 10,000 customers and has since been expanded to approximately 20,000 customers. The water vendor continues to use test and control RFP 8899 Home Utility Reports Page 4 of 28 groups to estimate savings, and separate energy and water reports are received by customers. Utilities does not have an existing control group built into the program implementation strategy for the energy reports. One primary objective of the future program implementation is re-establishment of a control group for the energy reports. Utilities is also seeking to expand its behavioral program beyond social norming and efficiency tips that have traditionally been included in HURs. Utilities will consider HURs through print, email, and integration through Utility single sign on and mobile applications. Vendor is encouraged to suggest other mechanisms for driving behavioral change in addition to social norming and communications platforms or channels described herein. Utilities is seeking to implement a dynamic approach to the delivery of reports in timing, frequency and delivery channel in order to best engage customers while optimizing savings and cost. Utilities is implementing a new billing system platform in 2019 with Open International, called Smartflex. Vendor will be expected to coordinate services to optimize the customer experience in a schedule that will be determined after the RFP process is complete. Some implementation of services to be combined with our customer facing webtool may be delayed until internal IT resources become available. Utilities has also developed a system (BERTHA) that connects Utility data with weather data, County Assessor records, property transaction records, Building Department permits, GIS Department shapes and points (including council/water districts and neighborhoods), Utilities’ Resource Conservation program & participation data, the community’s Climate Action model, etc. The Vendor will be required to be able to integrate data into their platform to inform their energy and water savings algorithms. II. SCOPE OF PROPOSAL A. Scope of Work i. Overall Program Objectives In order to support the performance of the portfolio, the Vendor must be able to assist in accomplishing goals that include, but are not limited to: • Achieve electric and water savings targets in the residential sector greater than or equal to past results of approximately 10GWh and 60 million gallons. • Increase customer service and customer satisfaction while promoting Utilities as a leading-edge provider of triple bottom line services. • Provide a timely and integrated customer experience when interacting with the Utility, including billing information, customer education (tips) and social norming comparisons with energy and water use. • Minimize cost of printed reports while reasonably serving the majority of the target audience. RFP 8899 Home Utility Reports Page 5 of 28 ii. Vendor’s Overall Roles and Responsibilities Data Analytics - Vendor Will: • Provide a strategy to segment the existing population and determine the optimal frequency and messaging options to include in print, email, and other determined messaging channels based on customer-specific data. Describe how this strategy will be used for increased customer engagement and savings. • Provide data analytics results, including disaggregation data, social comparisons and associated methodologies, and make available to Utilities. • Integrate BERTHA data into Vendor data and analytics tools and provide the platform to conduct specific analyses with Utilities. Home Utility Report: Printed and Electronic Delivery - Vendor Will: • Use disaggregation analytics to inform, at a minimum, energy and water saving tips and recommendations within the Home Utility Reports and Customer Portal (see below). • Educate the customer by providing disaggregated energy usage that separates electric consumption, as applicable, by end use, including, but not limited to: HVAC, lighting, major appliances, baseload and Electric Vehicles (EVs). • Include customers with residential solar arrays (approximately 1,500) in treatment population, including disaggregation and other energy insights, based on net metered AMI data. • Educate the customer by providing disaggregated water usage that at a minimum details indoor and outdoor water use, leaks, and differentiates between kitchen/appliance and toilet use. • Propose specific strategies for the delivery of email and printed reports with notifications through multiple channels to optimize objectives. • Include a mechanism for reports to contain actionable tips for residential customers to save energy and water, which can be managed by either the Vendor or Utility. • Provide opportunity for Utility to include customizable printed marketing modules within the HURs. • Use data analytics and other mechanisms to net out savings that result from participation in prescriptive rebate programs. • Provide strategies to maximize the benefit of using electronic delivery of utility reports. • Provide strategies to regularly enroll new customers as they become eligible for HURs. RFP 8899 Home Utility Reports Page 6 of 28 • Provide strategies for how the Fort Collins time of day rate impacts tips and other actionable recommendations within reports or notifications. • Provide background on additional features or tools associated with printed or emailed HURs that may provide additional value to Utilities and the end-use customer. Customer Portal – Vendor Will: • Provide single sign-on capabilities to a utility branded portal that will provide the following functions. Vendor will work directly with Utilities IT department and Open International (CIS) to assist in integrating platforms. • Provide a platform for customers to manage characteristics of their homes and occupants via a “self-audit” to better inform default assumptions around energy and water use and disaggregation. Describe what insights come from increasing levels of customer information. • Provide data to Utilities that it collects or infers based on customer inputs from online self-assessment tools and third parties. Inputs include but are not limited to: number of occupants in the home, home type, rent or own, square footage, heat type, cooling type, water heater type, irrigation system, and appliances in use. • Provide participant self-service to opt-out of receiving mailed, emailed, SMS alerts or other customizable notifications specific to behavioral efficiency. • Design the customer portal website to be mobile enabled. • Provide additional background or features on their customer facing tool such as ability to group and/or manage multiple accounts, etc. Vendor Administrative Portal – Vendor Will: • Provide ability to look up and manage individual produced HURs and other key assumptions for treatment population. • Provide an administrative portal with complete reporting functionality and dashboard including key participation metrics, engagement related metrics, aggregated total savings and consumption data. Vendor will work with Utilities to customize dashboard reporting. • Provide summary of CIS and AMI data imports/digestion within portal. • Provide method or services for incorporating ongoing efficiency program participation into portal, administered by vendor or another third party. • Provide opportunity for Utilities staff to manage opt-in, home or audit characteristics, and notification preferences on behalf of individual customers. • Provide opportunity for Utilities to utilize and/or export customer provided information or usage characteristics. RFP 8899 Home Utility Reports Page 7 of 28 • Provide the ability for Utility staff to independently pull information from the dataset. Alerts – Vendor Will: • Provide service for customers to opt-in to alerts when customers are predicted to exceed either a customer determined energy and water usage amount or a calculated value that the Vendor model would estimate. • Provide service that notifies customers exceeding normal or predetermined amounts use during peak energy periods. • Provide service that alerts customers when continuous water consumption occurs every hour, in both an amount and duration as defined by Utilities or by the Vendor’s model. • Provide notification services to alert a portion of commercial water customers, who are subject to an individual annual water allotment (annual maximum gallon usage per account), with information of use-to-date and when a customer defined water usage amount or calculated value is reached. • Work with Utilities to determine customized notifications that may be used for other purposes, such as periods of extraordinary predicted weather or drought, outage or water quality issues, etc., that may advise customers on best practice energy and water use. • Provide a solution for Utilities to send alerts via various platforms including email notification or SMS text notifications. • Provide background on any additional features or tools associated with customized insights for customers. iii. Program transition As outlined within the Background section, Utilities has a nine-year successful track record of implementing behavioral based energy and water programs with its current vendors, mostly using printed social norming reports. Please describe your firm' strategy on how to best manage the enhancement of services to a group of customers who may be habituated to the current home utility reports. iv. Data exchange requirements Utilities currently exports four home report related datasets to vendors through vendor- maintained sftp sites, including: • Weekly export of electricity account data. • Weekly export of water account data. • Weekly export of 15-minute electricity usage data (AMI). • Daily export of 60-minute water usage data (AMI). RFP 8899 Home Utility Reports Page 8 of 28 The exports will include data for all customers, including homes and businesses. A list of rate codes qualifying for the reports can be provided annually for filtering participants. The timing and destination of these exports can be easily adjusted, but the formatting will require additional IT support. v. Program Results and Evaluation Program Reporting Utilities anticipates vendor administrative portal will provide dashboard capability to review updated key program performance indicators. Utilities will expect to receive key performance indicators on engagement of the treatment population by reviewing marketing and engagement statistics through all digital channels, including but not limited to: customer portal views and engagement, email based open rates, click rates, click to open rates, etc. Utilities requests that Vendor propose a communication and reporting plan with Utilities that will balance utilities time and resources with Vendor. Program Evaluation Vendor will deliver energy and water savings data in a manner that can be properly and thoroughly evaluated by third-party evaluation, measurement, and verification as-needed by Utilities. Vendor will collaborate with Utilities and third-party evaluation vendor during program evaluation without additional cost to Utilities. Vendor will propose a strategy for Utilities to re-establish a control group for energy customers for ongoing program implementation. The population receiving water reports has a control group, so reestablishing a control group for statistical analysis on water side will not be needed for water behavioral social norming. On an annual basis, the Vendor will conduct and provide results for a statistically valid survey on customer satisfaction with reports and other engagement with program. B. Minimum Qualifications Vendor must have implemented home energy and/or water report programs in a minimum of three (3) utility service areas, with a minimum of one (1) completed impact evaluation. C. Anticipated Schedule The following represents the City’s target schedule for the RFP. The City reserves the right to amend the target schedule at any time. • RFP issuance: April 8, 2019 • Question deadline: 5:00 PM MST on April 19, 2019 • Proposal due date: 3:00 MST (our clock) on May 3, 2019 • Interviews (tentative): Week of June 3 – 7, 2019 • Award of Contract (tentative): July 15, 2019 RFP 8899 Home Utility Reports Page 9 of 28 D. Interviews In addition to submitting a written proposal, the top-rated Vendors may be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the company, approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV. E. Travel & Expenses Contractors are to provide a list of fees for reimbursable expenses. Reasonable expenses will be reimbursable as per the attached Exhibit E Fort Collins Expense guidelines. F. Subcontractors Vendors will be responsible for identifying any subcontractors in their proposal. Please note that the City will contract solely with the awarded Vendor; therefore subcontractors will be the responsibility of the Vendor. G. Proposal Format Please limit the total length of your proposal to a maximum of or sixty (60) double sided 8 ½ x 11” pages (excluding cover pages, table of contents, attachments, appendix, dividers and Vendor Statement form). Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page. Please, no embedded documents. Proposals that do not conform to these requirements may be rejected. H. Fees, Licenses, Permits The successful Vendor shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. I. Laws and Regulations The Vendor agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances. J. Invoicing and Payment Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Vendor each month following the submittal of a correct invoice by the Vendor indicating the project name, Purchase Order number, task description, hours worked, personnel/work type category, hourly rate for each employee/work type category, date of the work performed specific to the task, percentage of that work that has been completed by task, 3rd party supporting documentation with the same detail and a brief progress report. Payments will be made using the prices listed on the agreed-to Price Schedule. In the event a service is requested which is not listed on the Price Schedule, the Vendor and the City will negotiate an appropriate unit price for the service prior to Vendor initiating such work. The City pays invoices on Net 30 terms. RFP 8899 Home Utility Reports Page 10 of 28 III. PROPOSAL SUBMITTAL For this section, Vendors are required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what Vendors propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non-responsive and subject to rejection. Responses must include all the items in the order listed below. It is suggested that the Vendors include each of the City’s questions with their response immediately following the question. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. If Vendor identifies any areas where they expect challenges or difficulties in achieving the goals that are detailed in this RFP, they should address any and all anticipated difficulties and/or problem areas along with potential solutions. In addition, the Vendor is encouraged to proactively present additional information, not specifically requested, which helps demonstrate understanding of the market and ability to achieve research, evaluation and program goals. A. Cover Letter / Executive Summary The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. B. Vendor Information 1. Describe the Vendor’s business and background 2. Number of years in the business 3. Details about ownership 4. An overview of services offered and qualifications 5. Size of the firm 6. Location(s) of offices. If multiple, please identify which will be the primary for our account. 7. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). Complete Section V, Vendor Statement. C. Scope of Proposal 1. Provide a detailed narrative of the services proposed if awarded the contract per the scope above. The narrative should include any options that may be beneficial for the City to consider. 2. Describe how the project would be managed and who would have primary responsibility for its timely and professional completion. Include a description RFP 8899 Home Utility Reports Page 11 of 28 regarding how the analysis will be performed for the various identified areas identified, the methods and assumptions used, and the limitations of the analysis. 3. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties. 4. Include a description of the software and other analysis tools to be used. 5. Identify what portion of work, if any, may be subcontracted. D. Firm Capability Provide relevant information regarding previous experience related to this or similar Projects, to include the following: 1. Provide an Organization Chart/Proposed Project Team: An organization chart containing the names of all key personnel and sub consultants with titles and their specific task assignment for this Agreement shall be provided in this section. 2. A list of qualifications for your firm and qualifications and experience of the specific staff members proposed to perform the consulting services described above. 3. Provide a minimum of three similar projects with electric and/or water utilities in the last 5 years that have involved the staff proposed to work on this project. Include the owner’s name, title of project, contact name, email and phone number, sub- consultants on the team and a brief description of the work. 4. Provide links to a maximum of two (2) third-party evaluations completed for other Utility programs. 5. References (current contact name, current telephone number and email address) from at least three similar projects with similar requirements that have been completed within the past five (5) years and that have involved the staff proposed to work on this project. Provide a description of the work performed. The Vendor authorizes the City to verify any and all information contained in the Vendor’s submittal from references contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information they give. E. Assigned Personnel 1. List of Project Personnel: This list should include the identification of the contact person with primary responsibility for this Agreement, the personnel proposed for this Agreement, and any supervisory personnel, including partners and/or sub consultants, and their individual areas of responsibility. 2. A resume for each professional and technical person assigned to the Agreement, including partners and/or sub consultants, shall be submitted. Please limit resumes to one page. 3. Some functions of this project may require the use of sub-consultants. If you intend to utilize sub-consultants you must list each and provide resumes for their key personnel. 4. Describe the availability of project personnel to participate in this project in the context of the contractor firm’s other commitments. RFP 8899 Home Utility Reports Page 12 of 28 5. Provide a list of similar projects completed in the last five (5) years by the key members of the proposed team. F. Availability 1. Provide a proposed schedule of deliverables. 2. Describe the availability of the proposed project team to design and launch the HUR program during quarter 3 and quarter 4, respectively, of 2019. G. Sustainability/TBL Methodology In concise terms (no more than two pages), please describe how your organization strives to be sustainable. Address how your firm incorporates Triple Bottom Line (TBL) into the workplace. See Section IV: Review and Assessment for additional information. If possible, please highlight areas of opportunity in the project where sustainability could be applied and/or improved. H. Cost and Work Hours In your response to this proposal, please provide the following: 1. Provide detailed cost proposals for start-up, recurring and variable costs for proposed program administration in the pricing table located in the solicitation posting on www.bidnetdirect.com. Please include any specific assumptions for costs. Please include any costs expected to be incurred by Utilities during program design, implementation and future maintenance. I. Additional Information Provide any information that distinguishes Vendor from its competition and any additional information applicable to this RFP that might be valuable in assessing Vendor’s proposal. Explain any concerns Vendor may have in maintaining objectivity in recommending the best solution. All potential conflicts of interest must be disclosed. Exceptions to the Scope of Services and City Agreement (a sample of which is attached in Section VI) shall be documented. IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Vendors will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top-rated Vendors may be conducted. 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 2.5 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an RFP 8899 Home Utility Reports Page 13 of 28 understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? 2.5 Firm Capability Does the firm have the resources, financial strength, capacity and support capabilities required to successfully complete the project on- time and in-budget? Has the firm successfully completed previous projects of this type and scope? 1.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures? 2.0 Cost & Work Hours Does the proposal included detailed cost break- down for each cost element as applicable and are the line-item costs competitive? Do the proposed cost and work hours compare favorably with the Project Manager's estimate? Are the work hours presented reasonable for the effort required by each project task or phase? Definitions Sustainable Purchasing is a process for selecting products or services that have a lesser or reduced negative effect on human health and the environment when compared with competing products or services that serve the same purpose. This process is also known as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”. The Triple Bottom Line (TBL) is an accounting framework that incorporates three dimensions of performance: economic, or financial; environmental, and social. The generally accepted definition for TBL is that it “captures the essence of sustainability by measuring the impact of an organization’s activities on the world…including both its profitability and shareholders values and its social, human, and environmental capital.” RFP 8899 Home Utility Reports Page 14 of 28 B. Reference Evaluation Criteria Prior to award, the Project Manager will check references using the following criteria. Negative responses from references may impact the award determination. CRITERIA STANDARD QUESTIONS Overall Performance Would you hire this Vendor 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 Vendor responsive to client needs; did the Vendor anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge If a study, did it meet the Scope of Work? If Vendor administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 8899 Home Utility Reports Page 15 of 28 V. VENDOR STATEMENT Vendor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. Additionally, Vendor hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Vendor’s knowledge and belief. b. Vendor commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Vendor further agrees that the method of award is acceptable. e. Vendor also agrees to complete the proposed Agreement with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. f. Vendor acknowledge receipt of addenda. Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. Professional Services Agreement Page 16 of 28 VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as the "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of ( ) page(s), and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, the Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit B, consisting of ( ) page(s), and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , 20 , and shall continue in full force and effect until , 20 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Professional and mailed no later than thirty (30) days prior to contract end. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least 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: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. 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 Professional Services Agreement Page 17 of 28 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 attorney’s fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain insurance in accordance with Exhibit , consisting of one (1) page, attached hereto and incorporated herein. 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 the Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ) in accordance with Exhibit , consisting of ( ) page(s), attached hereto and incorporated herein. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. Final payment shall be made following acceptance of the Work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 7. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay the Professional on a time and reimbursable direct cost basis in accordance with Exhibit , consisting of ( ) page(s), attached hereto and incorporated herein, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the Work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 8. License. Upon execution of this Agreement, the Professional grants to the City an irrevocable license to use any and all sketches, drawings, specifications, designs, blueprints, data files, calculations, studies, analysis, renderings, models and other Work Order deliverables (the “Instruments of Service”), in any form whatsoever and in any Professional Services Agreement Page 18 of 28 medium expressed, for purposes of constructing, using, maintaining, altering and adding to the project, provided that the City substantially performs its obligations under the Agreement. The license granted hereunder permits the City and third parties reasonably authorized by the City to reproduce applicable portions of the Instruments of Service for use in performing services or construction for the project. In addition, the license granted hereunder shall permit the City and third parties reasonably authorized by the City to reproduce and utilize the Instruments of Service for similar projects, provided however, in such event the Professional shall not be held responsible for the design to the extent the City deviates from the Instruments of Service. This license shall survive termination of the Agreement by default or otherwise. 9. 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. 10. Project Drawings. Upon request and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival quality, prepared on stable mylar base material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the owner in and AutoCAD version no older then the established City standard. The Professional acknowledges the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1, et seq. (the “CORA”), and documents in the City’s possession may be considered public records subject to disclosure under the CORA. 11. 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. 12. 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. 13. Subcontractors. The Professional may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade Professional Services Agreement Page 19 of 28 performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the Work of the subcontractor will be subject to inspection by the City to the same extent as the Work of the Professional. The Professional shall require all subcontractors performing Work hereunder to maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit “C”, consisting of one (1) page attached hereto and incorporated herein by this reference. The Professional shall maintain a copy of each subcontract’s certificate evidencing the required insurance. Upon request, the Professional shall promptly provide the City with a copy of such certificate(s). 14. Personal Services. It is understood that the City enters into the 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 the Agreement without the prior written consent of the City. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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 Professional Services Agreement Page 20 of 28 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. 20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., the Professional represents and agrees that: a. As of the date of this Agreement: 1. The Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. The 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. The 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. The 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 the Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Professional shall: 1. Notify such subcontractor and the City within three days that the Professional 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 the 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. The 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. Professional Services Agreement Page 21 of 28 f. If the 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, the Professional shall be liable for actual and consequential damages to the City arising out of the 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 the Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 21. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of three (3) pagea, attached hereto and incorporated herein by this reference. Professional Services Agreement Page 22 of 28 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: PROFESSIONAL'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: Professional Services Agreement Page 23 of 28 EXHIBIT A SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 Professional Services Agreement Page 24 of 28 EXHIBIT (BID SCHEDULE/COMPENSATION) Official Purchasing Document Last updated 10/2017 Professional Services Agreement Page 25 of 28 EXHIBIT INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing Work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional 's general liability and automobile liability insurance policies for any claims arising out of Work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in Work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of Work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any Work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the Work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. C. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. Official Purchasing Document Last updated 10/2017 Professional Services Agreement Page 26 of 28 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH THE SERVICES to be provided by Professional under this Agreement, the parties agree to comply with reasonable policies and procedures with regard to the exchange and handling of confidential information and other sensitive materials between the parties, as set forth below. 1. Definitions. For purposes of this Agreement, the party who owns the confidential information and is disclosing same shall be referenced as the “Disclosing Party.” The party receiving the Disclosing Party’s confidential information shall be referenced as the “Receiving Party.” 2. Confidential Information. Confidential Information controlled by this Agreement refers to information which is not public and/or is proprietary and includes by way of example, but without limitation, City customer information, utility data, service billing records, customer equipment information, location information, network security system, business plans, formulae, processes, intellectual property, trade secrets, designs, photographs, plans, drawings, schematics, methods, specifications, samples, reports, mechanical and electronic design drawings, customer lists, financial information, studies, findings, inventions, and ideas. To the extent practical, Confidential Information shall be marked “Confidential” or “Proprietary.” Nevertheless, Professional shall treat as Confidential Information all customer identifiable information in any form, whether or not bearing a mark of confidentiality or otherwise requested by the City, including but not limited to account, address, billing, consumption, contact and other customer data. In the case of disclosure in non- documentary form of non-customer identifiable information, made orally or by visual inspection, the Disclosing Party shall have the right, or, if requested by the Receiving Party, the obligation to confirm in writing the fact and general nature of each disclosure within a reasonable time after it is made in order that it is treated as Confidential Information. Any information disclosed to the other party prior to the execution of this Agreement and related to the services for which Professional has been engaged shall be considered in the same manner and be subject to the same treatment as the information disclosed after the execution of this Agreement with regard to protecting it as Confidential Information. 3. Use of Confidential Information. Receiving Party hereby agrees that it shall use the Confidential Information solely for the purpose of performing its obligations under this Agreement and not in any way detrimental to Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party uses with respect to its own proprietary or confidential information, which in any event shall result in a reasonable standard of care to prevent unauthorized use or disclosure of the Confidential Information. Except as otherwise provided herein, Receiving Party shall keep confidential and not disclose the Confidential Information. The City and Professional shall cause each of their directors, officers, employees, agents, representatives, and subcontractors to become familiar with, and abide by, the terms of this section, which shall survive this Agreement as an on-going obligation of the Parties. Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, other than in the performance of obligations under this Agreement. Official Purchasing Document Last updated 10/2017 Professional Services Agreement Page 27 of 28 4. Exclusions from Definition. The term “Confidential Information” as used herein does not include any data or information which is already known to the Receiving Party or which before being divulged by the Disclosing Party (1) was generally known to the public through no wrongful act of the Receiving Party; (2) has been rightfully received by the Receiving Party from a third party without restriction on disclosure and without, to the knowledge of the Receiving Party, a breach of an obligation of confidentiality; (3) has been approved for release by a written authorization by the other party hereto; or (4) has been disclosed pursuant to a requirement of a governmental agency or by operation of law. 5. Required Disclosure. If the Receiving Party is required (by interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process, or by federal, state, or local law, including without limitation, the Colorado Open Records Act) to disclose any Confidential Information, the Parties agree the Receiving Party will provide the Disclosing Party with prompt notice of such request, so the Disclosing Party may seek an appropriate protective order or waive the Receiving Party’s compliance with this Agreement. The Receiving Party shall furnish a copy of this Agreement with any disclosure. 6. Notwithstanding paragraph 5, Professional shall not disclose Confidential Information to any person, directly or indirectly, nor use it in any way, except as required or authorized in writing by the City. 7. Red Flags Rules. Professional 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, Professional must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts and must as expeditiously as possible notify the City in writing of significant breeches of security or Red Flags to the City. 8. Data Protection and Data Security. In addition to the requirements of paragraph 7, Professional shall have in place information security safeguards designed to conform to or exceed industry best practices regarding the protection of the confidentiality, integrity and availability of utility and customer information and shall have written agreements requiring any subcontractor to meet those standards. These information security safeguards (the “Information Security Program”) shall be materially consistent with, or more stringent than, the safeguards described in this Exhibit. a) Professional’s information security safeguards shall address the following elements: • Data Storage, Backups and Disposal • Logical Access Control (e.g., Role-Based) • Information Classification and Handling • Secure Data Transfer (SFTP and Data Transfer Specification) • Secure Web Communications • Network and Security Monitoring • Application Development Security Official Purchasing Document Last updated 10/2017 Professional Services Agreement Page 28 of 28 • Application Security Controls and Procedures (User Authentication, Security Controls, and Security Procedures, Policies and Logging) • Incident Response • Vulnerability Assessments • Hosted Services • Personnel Security b) Subcontractors. Professional may use subcontractors, though such activity shall not release or absolve Professional from the obligation to satisfy all conditions of this Agreement, including the data security measures described in this Exhibit, and to require a substantially similar level of data security, appropriate to the types of services provided and Customer Data received, for any subcontractor Professional may use. Accordingly, any release of data, confidential information, or failure to protect information under this Agreement by a subcontractor or affiliated party shall be attributed to Professional and may be considered to be a material breach of this Agreement. 9. Confidential Information is not to be stored on any local workstation, laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable devices unless the Professional can ensure security for the Confidential Information so stored. Work stations or laptops to be used in the Work will be required to have personal firewalls on each, as well as have current, active anti-virus definitions. 10. The Agreement not to disclose Confidential Information as set forth in this Exhibit shall apply during the term of the Work and at any time thereafter unless specifically authorized by the City in writing. 11. If Professional breaches this Agreement, in the City’s sole discretion, the City may immediately terminate this Agreement and withdraw Professional’s right to access Confidential Information. 12. Notwithstanding any other provision of this Agreement, all material, i.e., various physical forms of media in which Confidential Information is contained, including but not limited to writings, drawings, tapes, diskettes, prototypes or products, shall remain the sole property of the Disclosing Party and, upon request, shall be promptly returned, together with all copies thereof to the Disclosing Party. Upon such return of physical records, all digital and electronic data shall also be deleted in a non-restorable way by which it is no longer available to the Receiving Party. Written verification of the deletion (including date of deletion) is to be provided to the Disclosing Party within ten (10) days after completion of engagement, whether it be via termination, completion or otherwise. 13. Professional acknowledges that the City may, based upon the representations made in this Agreement, disclose security information that is critical to the continued success of the City’s business. Accordingly, Professional agrees that the City does not have an adequate remedy at law for breach of this Agreement and therefore, the City shall be entitled, as a non- exclusive remedy, and in addition to an action for damages, to seek and obtain an injunction or decree of specific performance or any other remedy, from a court of competent jurisdiction to enjoin or remedy any violation of this Agreement.