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HomeMy WebLinkAboutRFP - 8362 CLIMATE ACTION PLAN CONSULTANT (4)RFP 8362 Climate Economy Action Plan Consultant Page 1 of 24 REQUEST FOR PROPOSAL 8362 Climate Economy Action Plan Consultant The City of Fort Collins is requesting proposals from qualified firms to develop a strategy and action plan to execute the “Climate Economy” in Fort Collins. . 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 under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, eight (8) copies, will 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), October 7, 2016 and referenced as Proposal No. 8362. 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. Questions concerning the scope of the bid should be directed to Josh Birks at (970) 221-6324 or jbirks@fcgov.com . Questions regarding bid submittal or process should be directed to Ed Bonnette, Senior Buyer at (970) 416-2247 or ebonnette@fcgov.com. All questions must be submitted in writing via email to Josh Birks , with a copy to Ed Bonnette, no later than 5:00 PM our clock on September 23, 2016. Questions received after this deadline will not be answered. A copy of the RFP may be obtained at www.rockymountainbidsystem.com. 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. 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 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 8362 Climate Economy Action Plan Consultant Page 2 of 24 Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. 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. Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of the organization’s philosophy and approach to Sustainability. In no more than two (2) pages please describe how your organization strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates the Triple Bottom Line into our decision process by including economic (or financial), environmental, and social factors in our evaluation. The selected Service Provider shall be expected to sign the City’s standard Agreement without revision prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry S. Paul Purchasing Director RFP 8362 Climate Economy Action Plan Consultant Page 3 of 24 8362 Climate Economy Action Plan Consultant The City of Fort Collins adopted aspirational Greenhouse Gas (GHG) emission reductions goals in 2015. These goals include a 20 percent reduction below 2005 baseline by 2020, 80 percent by 2030 and carbon neutrality by 2050. While the City’s initial commitments to addressing climate change began back in 1999, these updated goals has the City joining a growing number of cities making the ultimate commitment to addressing climate change across the globe. As part of this commitment, the Economic Health Office (EHO) has begun an effort to evaluate how the local economy can both support and grow as a result of these goals. The EHO would like to work with a qualified professional team to develop a strategy and action plan to execute the “Climate Economy” in Fort Collins. The strategy and action plan will develop a foundation for success in the community by defining and operationalizing four Climate Economy impact areas as part of the Climate Action Plan (CAP). These impact areas include – business engagement, technological innovation, capital development/access, and business adaptation. Currently, the City has identified 31 initiatives that provide a framework for achieving the 2020 GHG emission reduction goal. These initiatives provide focus to the short-term efforts of the City towards achieving carbon neutrality. In addition, these initiatives and the impact they will have on the business community and economy will be the primary focus of the Climate Economic Action Plan. However, the plan will also need to consider initiatives, programs, and project that will enable the successful attainment of the 2030 GHG emissions goals. BACKGROUND AND PROJECT DESCRIPTION In 2014, the World Bank created a multinational commission to research and define the link between the economy and climate. The Global Commission on the Economy and Climate (the “Commission”) published a report titled Better Growth. Better Climate. The New Climate Economy Report in 2014 (the “Report”). The commission and the report focus on the relationship between the Economy and Climate – specifically climate change. The general conclusion of the report is: “Economic growth and climate mitigation can be achieved together. We do not need to choose one or the other.” The Global Commission on the Economy and Climate International Monetary Fund, World Bank, 2014. The report argues that the infrastructure investment made in the next 15 years will define the world’s future climate system. Estimated at $90 trillion between 2014 and 2030, these investments can either occur within low-carbon and resilient infrastructure or status quo. Low-carbon infrastructure is anticipated to cost slightly more than status quo but is anticipated to be more than offset by the energy and fuel savings. Choosing the wrong path will likely have significant negative economic and social repercussions. Delaying action will result in increased costs from warming and an increase in the value of stranded high-carbon assets. President Obama’s Council of Economic Advisers arrived at a similar conclusion estimating that each decade of delay will increase the costs of mitigation by 40 percent on average. Figure 1 – Key Drivers of Growth and Climate Performance RFP 8362 Climate Economy Action Plan Consultant Page 4 of 24 As Figure 1 suggests, Cities because of their influence on land use – especially those that control the energy system supporting their citizens – are ideally suited to implement a majority of the actions called for in The New Climate Economy Report. The City of Fort Collins agrees with the basic conclusion of the Report – a choice does not have to be made between the economy and climate. Instead, the two can co-exist and even enhance one another. Figure 1 provides a contextual system in which transformative action can occur to achieve both positive economic outcomes and increased climate performance. The three domains of control: Cities, Land Use, and Energy (specifically production and consumption) are largely within the span of control of the City of Fort Collins. Combine these domains of control with the three areas of economic activity – resource efficiency, infrastructure investment, and innovation – and the result is a wider economy that provides better community outcomes (defined as high quality, resilient and inclusive). The City believes these areas of economic activity can be impacted in several ways including action taken by the City or encouraged through collaborative partners. Therefore, the City will use a working definition of the New Climate Economy (the “Climate Economy”) as: The synergistic results of economic activity and climate action strategies to increase economic opportunities and climate performance resulting in broad community benefit. Using recommendations from the Report, the City has identified four impact areas that address the challenges of climate change on the economy and which create opportunities for transformative action: Business Engagement, Technological Innovation, Capital Access/Development, and Business Adaptation. These impact areas will become the focus of the City’s Climate Economy efforts.  Business Engagement – Engage the business community regarding current and future decision points relative to impacts from the climate; and help to build the business-specific case for climate action strategies.  Technological Innovation – Emphasize innovative solutions and technologies to encourage continued economic activity in a finite resource reality. RFP 8362 Climate Economy Action Plan Consultant Page 5 of 24  Capital Access/Development – Increase the amount of capital available to support the City’s identified initiatives and community investment in transitioning to a carbon neutral future.  Business Adaptation – Aid businesses in identifying and responding to impacts to their business from climate change. PROJECT OBJECTIVE, GOALS AND OUTCOMES The City’s Economic Health Strategic Plan, adopted in 2015, identified five key thematic areas of focus – Community Prosperity, Grow Our Own, Place Matters, Climate Economy, and Think Regionally. The EHSP establishes a foundation for the EHO to work in the Climate Economy space. However, it falls short of providing a strong action plan for the next five years and beyond. This project will overcome that deficiency by preparing a detailed five-year action plan related to the Climate Economy. OBJECTIVE: Prepare a five-year Action Plan related to developing the Climate Economy within the City of Fort Collins with an emphasis on four impact areas: Business Engagement, Technological Innovation, Capital Access/Development, and Business Adaptation. GOALS:  Increase the local understanding both internally and externally of the Climate Economy.  Verify, augment, and adjust (if necessary) the four identified impact areas for direct City involvement in encouraging the Climate Economy.  Build upon existing efforts to make the case for private sector participation in Climate Action and Adaptation – specifically address the net benefits of low-carbon infrastructure investment and energy efficiency investment. More specifically expand existing work to address the unique challenges of specific industries and operational environments (e.g., restaurants, manufacturers, distribution, craft beer, etc.)  Leverage the existing local “triple helix” partnerships between Colorado State University, the City and its Utility, and the private sector to support the community’s attainment of adopted 2020 and 2030 GHG emission goals.  Leverage external partnerships to understand and develop the City’s role and the role of the business community – partnerships should include the existing Industry Clusters especially the Clean Energy and Water Innovation clusters.  Identify opportunities for private sector partners to create positive economic impacts from support the community’s attainment of adopted 2020 and 2030 GHG emission goals.  Develop clear metrics to evaluate the success, contribution, and overall impact of the Climate Economy across all three legs of the Triple Bottom line (social, economic, and environmental) in alignment with the City’s carbon reduction goals and Energy Policy. SCOPE OF WORK This request for proposals asks for a scope of work designed to craft a five-year Climate Economy Action Plan for the City of Fort Collins. The scope of work shall include the following outcomes: STRATEGIC PLANNING  Review Existing Plans – Complete a thorough review of the existing Economic Health Strategic Plan, Industry Cluster 2.0 document, Climate Action Plan Framework, Road to 2020 Documents, RFP 8362 Climate Economy Action Plan Consultant Page 6 of 24 Energy Policy, and other relevant documents to obtain an understanding of context (a full set of documents will be provided to the selected consultant team).  Review Current Climate Economy Research – Prepare a thorough literature review, in a clear and concise format, of the Climate Economy topic – special emphasis should be placed on the role of municipalities and economic development entities.  Define/Refine the Climate Economy – Using the above literature review, engage with key private sector stakeholders and key City staff to develop a complete definition of the local Climate Economy.  Verify and/or Adjust Key Climate Economy Impact Areas – Using the above literature review, engage with key private sector stakeholders and key City staff to verify and/or adjust the four proposed Climate Action impact areas: Business Engagement, Technological Innovation; Capital Access/Development, and Business Adaptation.  Climate Economy Metrics – Develop a set of metrics to measure the success of City efforts within each of the proposed Climate Economy impact areas. These metrics should be coordinated and integrated into the City’s existing and evolving metrics system. CAPITAL ACCESS/DEVELOPMENT  Review Existing/Available Financing Tools – Working closely with the City’s Climate Economy Advisor and building upon existing City research, review the existing/available financing tools being used locally, regionally, nationally, and globally to support low carbon infrastructure investment, energy efficiency, and other similar investments.  Assess and Recommend Target Financing Tools – Working closely with the City’s Climate Economy Advisor, prepare an assessment of the effectiveness and feasibility of the existing/available financing tools culminating in a recommendation of a limited set of financial tools to pursue for immediate use within the community. The assessment should include an estimate of the amount and timing of capital to be leveraged by tool. In addition, the assessment should provide guidance on implementing the tools at the City and in the community along with a resource guide for each.  Evaluate and Align Financing Tools with City Initiatives – Working closely with City staff, prepare matrix of the recommended financing tools aligning them with the City’s 31 identified Road to 2020 initiatives and the Climate Action Plan Framework plan’s suggestions for 2030 program and projects. RFP 8362 Climate Economy Action Plan Consultant Page 7 of 24 BUSINESS ENGAGEMENT/ADAPTATION  Review Existing Business Engagement Efforts – Work with City staff to identify and review all existing business engagement efforts prior to beginning work on a proposed Business Engagement Strategy; recognizing that engagement spans beyond education, outreach, and marketing to include: partnerships, alliances, and direct relationships.  Engage with Key Business Stakeholders – Working with City staff, identify key business and private sector stakeholders and conduct a series of engagement events (e.g., focus groups, open houses, etc.) to understand their concerns, challenges, and motivations.  Innovation Summit Planning Assistance – Work closely with City staff to develop a Capital Innovation Track for the City’s upcoming Innovation Summit focused on Climate Action; use established contacts to aid in attracting national and/or international expertise to the event.  Evaluate and Summarize Business Risks of Climate Change – Working with local stakeholders and local experts (e.g., CSU, NREL, etc.), develop and evaluate a list of local risk factors from Climate Change specific to existing industries and businesses in Fort Collins.  Assess Workforce Training/Skills Building Opportunities – During engagement with stakeholders and local experts to develop a Business Engagement Strategy, also assess and evaluate the need for workforce training and skills building. This assessment should consider the demand for new “green” workers needed to meet the 2020 and 2030 GHG emission goals.  Identify New and/or Expanded Business Opportunities – Working primarily with key business and external stakeholders identify potential new and or expanded business opportunities related to supporting the community’s GHG emission goals. EXCLUSIONS The following tasks should not be a part of the proposed scope of work. City staff has previously conducted similar analyses or possesses this information:  Carbon Footprint Analysis – The City conducts an annual analysis of GHG emissions and compares to the 2005 baseline. In addition, the City has completed analyses of projected GHG emissions under different scenarios, including business as usual or the no action solution. Finally, the City has conducted analysis and is refining planning of how to achieve GHG emission reductions in order to meet its defined goals. As a result, the City understands in fairly specific terms the actions needed to achieve its 2020 goal. The 2015 Climate Action Plan Framework lays out one possible path to achieve the 2030 goal that will be refined moving forward. KEY DELIVERABLES The scope of work will include the following Key Deliverables:  Climate Economy Action Plan – Prepare a concise Climate Economy Action Plan focused on the refined impact areas developed during the project. The plan should integrate into the City’s overall Climate Action Framework and on-going efforts to achieve its stated GHG emission reduction goals. The plan should address the following aspects: o Timeframe: The plan should focus on the timeframe leading up to the 2020 milestone with less detail on the timeline leading to the 2030 milestone. RFP 8362 Climate Economy Action Plan Consultant Page 8 of 24 o Key Sections: To include but not limited to - Definition & Impact Areas, Financing Tools, Funding City Initiatives, Business Risks, Workforce Needs, Business Opportunities, and Metrics. o Impact Area Strategies: A list of strategies and action steps for each of the four identified and refined impact areas - Business Engagement, Technological Innovation, Capital Access/Development, and Business Adaptation.  Implementation Plan – Develop a matrix, chart, or table-based implementation plan that includes estimated costs, assignments, and timing related to specific tactics to deliver on the Climate Economy Action Plan. This implementation plan can include the designation of local and regional stakeholders as the owners of specific tasks. As such, the plan should clearly identify the City’s role on each action item and what entity has the lead.  Business Case – Develop a clear, concise and easily communicated business case for private sector participation in climate action strategies and investment in low carbon infrastructure and/or energy efficiency measures. The case should reflect a clear understanding of business motivations and speak to known issues and concerns in the community (e.g., the fear of increased cost and no net benefit). The case should also be customized to address the unique challenges of specific industries and operational environments (e.g., restaurants, manufacturers, distribution, craft beer, etc.)  Business Engagement Strategy – In order to support the success of the Climate Economy Action Plan a business engagement strategy should also be developed as part of this project. The strategy may provide guidance to the EHO and Utilities customer connection team. At a minimum, the strategy should provide a clear path forward for engagement of a broad-based – in terms of business size and industry – set of business stakeholders. Special emphasis should be placed on forms of engagement such as partnerships, alliances, and direct relationships that can enable alignment between the public and private sectors. AREAS OF EXPERTISE The City is looking for interdisciplinary teams that possess the following areas of expertise in order to assist in achieving the above outcomes. All submissions should demonstrate a clear understanding, experience, and capability in these areas of expertise. Selection preference will be given to the team that demonstrates a unique and creative approach to developing the Climate Economy Action Plan.  Private Industry Experience The Consultant(s) shall possess relevant private industry experience, either in the form of business experience or through consulting engagements. The experience should focus on business processes related to reducing operating costs through energy efficiency or low carbon investments. In addition, this experience should include success in addressing business concerns with these type of improvements and investments.  Capital Markets The Consultant(s) shall possess experience and understanding of the capital markets related to green finance, energy efficiency, low carbon investing, and impact investing. This experience can come from business experience, consulting engagements, or other professional experience. Special consideration will be given to Consultant(s) whose experience includes developing and implementing new financial tools within these capital markets.  Project Financing RFP 8362 Climate Economy Action Plan Consultant Page 9 of 24 The Consultant(s) shall possess experience developing, negotiating, and closing project financing for energy efficiency, low carbon infrastructure, and/or other forms of green projects. Special consideration will be given to those Consultant(s) with direct experience working on behalf of a municipality and businesses. Experience conducting financial feasibility analysis or project financing assessment will not be considered sufficient.  Business Engagement The Consultant(s) shall possess national experience developing business engagement strategies for the public sector. This experience should include work directly related to the Climate Action, Green Energy, Energy Efficiency or similar fields. MEETINGS AND PUBLIC PROCESS The project will be a collaboration of City staff, key stakeholders, and the Consultant requiring coordination and review throughout the project. The Consultant will be expected to participate in several types of meetings (not all members of the team may need to attend all meetings). City staff anticipates that an overall strategy for stakeholder involvement will be developed in a collaborative process with the selected Consultant.  Initial Coordination Meeting: At this meeting, the City and the Consultant will finalize a detailed schedule of the project, identify important milestones with target dates, and finalize a detailed scope of services.  Progress Meetings: Progress meetings will be held periodically throughout the project. These meetings may occur via conference call or face-to-face depending on the travel schedule of the Consultant associated with the project.  Key Stakeholder Meetings: The City anticipates there may be a number of key stakeholder meetings. The final key stakeholder involvement plan will be a collaboration between City staff and the selected Consultant.  City Council Presentations: The Consultant may need to attend meetings with City Council; specifics will be included in the final scope of services developed by City staff and the selected Consultant. SUBMITTAL REQUIREMENTS: The City’s intent is to choose the most qualified firm/team based upon approach, methods, qualifications and experience, availability, and general cost estimate. Once a firm is selected, a detailed scope of services will be developed for the awarded Professional Services Agreement. Of prime importance is the firm’s flexibility in responding to services as requested by City staff. All respondents are required to include the following information in the submittal as a minimum. Respondents are to number and name each section as follows: 1) Methods and Approach RFP 8362 Climate Economy Action Plan Consultant Page 10 of 24  Project Approach – A brief description of the Consultant’s approach to delivering the outcomes described in this RFP.  Scope of Work – A brief outline and discussion of the proposed scope of work, relating the outline provided above and any changes, modifications, or enhancements.  List of Deliverables – A brief list of the key deliverables associated with the proposed scope of work, all deliverables will be the property of the City.  Sustainability – All qualified consulting firm/teams participating in the submitted proposal are to explain in detail what their organization does in the way of a Sustainability Plan as a subset of this section. This is to include as a minimum what you do in the way of use of materials, equipment, vehicles, fuel, recycling, office practices, etc. as an organization that demonstrates leadership and that you “walk the talk” in regard to sustainable practices within your own organization. 2) Qualifications and Experience  Consultant Background – A brief history and background of the Consultant company(ies).  Relevant Experience – At least three examples of similar work (per team member) conducted for either public or private clients ideally within the last five years, each should include a description, list of deliverables, outcomes, and references. 3) List of Project Personnel  Project Manager – The response should name the primary project manager on the team. The project manager should have experience presenting to elected officials and managing stakeholder outreach. This project manager must be available to attend all City Council presentations and stakeholder events.  Resumes of Key Personnel – A brief resume or biography of the key personnel anticipated to work on the project. 4) Organization Chart/Proposed Project Team  Project Team Roles and Responsibilities – A matrix, chart, or table describing the roles and responsibilities of each key team member, please tie this to the areas of expertise identified above. 5) Availability  Describe the availability of project personnel to participate in this project in the context of the consultant firm’s other commitments. AS PART OF YOUR PROPOSAL RESPONSE UNDER “AVAILABILITY”, PLEASE INDICATE YOUR AVAILABILITY FOR ON-SITE INTERVIEW IN FORT COLLINS, COLORADO THE WEEK OF OCTOBER 31-NOVEMBER 4 IN THE EVENT YOU ARE INVITED FOR AN ORAL INTERVIEW ROUND. 6) Project Budget –  Project Budget – A matrix, chart, or table describing the estimated cost and allocation of resources for each key team member, please tie this to the areas of expertise identified above; RFP 8362 Climate Economy Action Plan Consultant Page 11 of 24  Fees – These services will be awarded based on a Not-to-Exceed Time and Reimbursable Direct Cost Basis Agreement. Upon the selection of the Consultant, the final fee will be negotiated with input from the Consultant based upon the negotiated scope of services stipulated in the contract. Please provide an allocation of the proposed budget by area of expertise and team member. SCHEDULE Submittal Deadline: October 7, 2016 Short List: October 21, 2016 Interviews: October 31 to November 4, 2016 Selection: November 4, 2016 Contract Negotiation: November 7 to November 18, 2016 Project Commencement: November 30, 2016 Project Completion: No later than June 30, 2017 RFP 8362 Climate Economy Action Plan Consultant Page 12 of 24 Vendor Statement: I have read and understand the specifications and requirements for this Request for Proposal and I agree to comply with such specifications and requirements. I further agree that the method of award is acceptable to my company. I also agree to complete PROFESSIONAL SERVICES 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. FIRM NAME: ADDRESS: EMAIL ADDRESS: PHONE: BIDDER’S NAME: SIGNATURE: PRIMARY SERVICES ISSUES CONTACT: TELEPHONE: CELL: EMAIL: Compensation and Contract Process A. After contract award, progress invoices shall be billed in monthly installments, subject to review and approval by the City’s Project Manager. City payment terms will be Net 30 Days from receipt of invoice. B. The selected Professional shall be expected to sign the City’s standard Professional Services Agreement prior to commencing Services (see sample attached to this Proposal). C. The City reserves the right to award directly as a result of the written proposals. The City may or may not opt to conduct oral interviews. D. The City reserves the right to negotiate with any vendor as determined at the City’s sole discretion. The City reserves the right to reject any or all proposals, and to waive any irregularities. RFP 8362 Climate Economy Action Plan Consultant Page 13 of 24 COMMODITY CODES USED FOR THIS RFP: 918-27 Community Development Consulting 918-32 Consulting Services (Not Otherwise Classified) 918-43 Environmental Consulting 918-37 Economy Consulting 918-49 Finance/Economics Consulting 961-28 Economic Development, Domestic and Foreign 961-29 Economic Impact Studies Review and Assessment Proposers will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and any optional 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 address all elements of the RFP? Does the proposal show an 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? 2.0 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 and Work Hours Does the proposal include 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 RFP 8362 Climate Economy Action Plan Consultant Page 14 of 24 task or phase? 2.0 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? 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 of Andrew Savitz 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.” Reference Evaluation (Top Ranked Firm) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs? Did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge If a study, did it meet the Scope of Work? RFP 8362 Climate Economy Action Plan Consultant Page 15 of 24 RELEVANT DOCUMENTS  Economic Health Strategic Plan, 2015  FortZED, www.fortzed.com  Utilities Customer Satisfaction Survey for Business  Utilities Customer Segmentation Survey RFP 8362 Climate Economy Action Plan Consultant Page 16 of 24 (SAMPLE) 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. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) pages, and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, 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 ( ) pages, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , 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 RFP 8362 Climate Economy Action Plan Consultant Page 17 of 24 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable 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 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 , 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. [Optional] Insert Subcontractor Clause 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. 6. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis in accordance with Exhibit “ ”, consisting of ( ) page , 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. RFP 8362 Climate Economy Action Plan Consultant Page 18 of 24 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Project Drawings. [Optional] Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, 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 City in an AutoCAD version no older then the established city standard. 9. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 10. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 11. Subcontractors. 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 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. 12. 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. 13. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, RFP 8362 Climate Economy Action Plan Consultant Page 19 of 24 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. 14. 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. 15. 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. 16. 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. 17. 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. RFP 8362 Climate Economy Action Plan Consultant Page 20 of 24 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 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. 19. 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 one (1) pages, attached hereto and incorporated herein by this reference. RFP 8362 Climate Economy Action Plan Consultant Page 21 of 24 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney PROFESSIONAL'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: RFP 8362 Climate Economy Action Plan Consultant Page 22 of 24 (This Page Intentionally Left Blank) RFP 8362 Climate Economy Action Plan Consultant Page 23 of 24 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. RFP 8362 Climate Economy Action Plan Consultant Page 24 of 24 EXHIBIT 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.