RFP 10173 Electric System Study.pdf

RFP 10173 Electric System Study

REQUEST FOR PROPOSAL

10173 ELECTRIC SYSTEM STUDY

RFP DUE: 3:00 PM MT (Mountain Time), July 30, 2025

The City of Fort Collins Light & Power division is requesting proposals from qualified Professionals to provide a 10-year electric system study.

Rocky Mountain E-Purchasing System hosted by BidNet As part of the City’s commitment to sustainability, proposals must be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and Time will not be accepted by RMEPS. A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.

All questions should be submitted, in writing via email, to JD McCune, Senior Buyer at jmccune@fcgov.com no later than 3:00 PM MT on July 14, 2025. Please format your e-mail to include: RFP 10173 Electric System Study 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.

Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-

4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.

The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding.

The City requires its Professionals to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party Professionals and their subcontractors/subconsultants at every tier.

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. Professionals may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may redact text and/or data that it deems confidential or proprietary

Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522

970.221.6775 fcgov.com/purchasing http://www.bidnetdirect.com/colorado/city-of-fort-collins pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. 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 information and financial data information may not be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions and pricing of any contract resulting from this request for proposal will be public information.

Professionals Registration: The City requires new Professionals receiving awards from the City to submit IRS form W-9 and requires all Professionals to accept 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 these documents with your proposal, however, if you take exception to participating in Direct Deposit (Electronic) payments please clearly note such in your proposal as an exception. The City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion.

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 Professional shall be required to sign the City’s Agreement prior to commencing services (see sample attached to this document).

Sincerely, Gerry Paul Purchasing Director http://www.fcgov.com/purchasing

I. OBJECTIVE & BACKGROUND

A. Objective The City of Fort Collins, Light & Power division (City) is requesting proposals from qualified Professionals to provide a 10-year electric system study.

B. Background The City of Fort Collins Light & Power division (City) serves over 79,000 customers (more than 70,000 residential and 8,600 commercial) within a service area of just over 55 square miles in Fort Collins, Colorado.

Key system details:

• Power Supply: Electricity is supplied by Platte River Power Authority, with a focus on increasing renewable sources-currently, 46% of the energy mix is renewable, with a goal of 100% by 2030. The City purchases power at seven delivery points and distributes it at a primary voltage of 7.97/13.8 kV.

• Distribution: The system is operating approximately 2,000 miles of primary conductor cable, 12,000 municipal streetlights, 650 floodlights, 8,600 transformers, 10 electric vehicle charging stations, and 7 substations. The network is entirely underground, contributing to a high reliability rate. The City has received a Diamond level Reliable Public Power Provider (RP3) designation by the American Public Power Association

(APPA).

• System Infrastructure: The distribution system includes 83 circuits at 13.8 kV, with installed underground conductor standard sizes of #1/0 AL and 750 kCM AL. Some areas may have varying conductor sizes if annexed or installed prior to current standards. The City is a registered entity with NERC as a Distribution Provider.

• Growth and Planning: Continued City growth and annexation are driving increases in both customer numbers and electric load, along with expanded distributed generation and electrification.

• Renewable Initiatives: The City has adopted the ‘Our Climate Future’ plan that focuses on achieving three main goals by 2030:

o Cut greenhouse gas emissions by 80% - compared to 2005 levels.

o 100% renewable electricity - from both the grid and local sources.

o Reach zero waste - meaning nothing goes to landfill.

The City is continuing to develop and grow within its present limits as well as into projected annexation of surrounding areas. This growth will constitute an increase in customers and electric load for the City distribution system. Additionally, an increase in distributed generation throughout the city will also affect the planning and operations of the electric distribution system.

II. SCOPE OF PROPOSAL

A. Scope of Work The scope of services for the 10-Year Electric System Study includes, but is not limited to, the following:

1. System Evaluation:

• Assessment of the current state of the electric utility system, including infrastructure, equipment, capacity, performance, and technology.

• Identification of system deficiencies, vulnerabilities and areas for improvement.

2. Load Forecasting:

• Analysis of historical load data.

• Development of load forecasts for the next 10 years, considering factors (not limited to) such as population growth, economic development, technological advancement, and City specific strict building codes.

• Recommendations for capacity enhancements to meet future demand along the entire primary distribution network.

• A Minimum of 3 different load scenarios (agreed to by City) will be run.

3. Reliability and Resiliency Assessment:

• Analysis of system reliability and identification of potential vulnerabilities of existing system equipment.

• Review of N-1 contingency planning.

• Recommendations for improving system for operational resiliency against natural disasters, cyber-attacks, and other threats.

• Identify and prioritize key strategies to prepare the distribution system for rapid electrification.

• Recommendations for incorporating smart grid technologies, renewable energy sources, and energy storage solutions.

• Evaluate and recommend new technologies and best practices to improve efficiency, reliability, and sustainability in electric utility management.

4. System Planning

• Creation of a detailed phased implementation plan outlining the steps needed to achieve the projected growth.

• Establishment of key performance indicators (KPIs) to monitor progress and measure success.

5. Electric System Model

• Create a planning electric system model using Fort Collins GIS network model to run planning scenarios.

• Provide options for types of analysis, such as time-series analysis, growth analysis, etc.

• Incorporate loading information into model from multiple data sources, such as

AMI data, customer loading profiles, substation feeder data.

6. Reporting and Documentation

• Preparation of a detailed report summarizing findings, analyses, and recommendations.

• Provision of supporting documentation, including technical data.

• Presentation of the study findings to utility staff and other stakeholders.

• Model files along with supporting data and configuration files.

• Well documented architecture and user guide for system model.

• Training on running the delivered electric system model

7. Requirements to supplement the Scope of Work.

• Planning Model must be multi-speak compliant.

• Planning Model must analyze the entire primary distribution network (Substation -

-> service transformer).

• Planning Model must be able to integrate with City AMI data.

• Planning Model must be able to show relationships between service transformers and customer services, EV, PV, and batteries (distributed energy resources) sources.

• Planning Model must be able to perform studies that consider Beneficial Electrification such as electric heating and EVs, and DER sources such as PV and batteries.

• Planning Model must be able to import data from multiple data sources (direct api, flat file…).

• Planning Model has time series analysis capability.

• Preferred planning model is Milsoft WindMil model; if not, provide justification, cost (up front and ongoing), and additional considerations for alternative modeling software.

• Planning Model must be able to integrate with GIS electric model.

• Planning Model to be easily maintainable and expandable by City.

• Hosting Capacity and Infrastructure requirements must be clearly documented, including any ongoing costs to the City (if any). Model must either be provided as part of a SaaS solution or hosted on City Azure Cloud. Please provide infrastructure requirements for hosting model. Model should not be developed as a client-side application/tool.

• Planning Model must meet all City IT Technology Architecture & Environmental Standards, attached hereto as Exhibit 1 and incorporated by this reference.

• Plan must cover 10 years, 2026-2036

• Professional is available for one year of support post-delivery

Assumptions to compete the Scope of Work.

• Growth assumptions will be worked on jointly with City staff.

• Load profiles of EV, PV, and BE will be worked on jointly with City staff.

• The City will provide large accounts for future planning purposes.

B. Deliverables

• Current System Evaluation Report

• Scenario Based Load Forecast Results Data Set

• Resilience and Reliability Assessment Report

• System Metrics Model

• Distribution Planning Model

• 10-Year Electrical Distribution System Growth Study & Plan

• Model User Guide

• Training

C. Minimum Qualifications Professionals must have expertise and experience in planning and designing electrical infrastructure systems including, but not limited to utility grid distribution, on facility distribution, heavy-duty electric vehicle charging, energy storage systems, and renewable energy generation.

D. 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: June 30, 2025

• Question deadline: 3:00 PM MT on July 14, 2025

• Final Addendum Issued: July 21, 2025

• Proposal due date: 3:00 PM MT on July 30, 2025

• Interviews (tentative): Weeks of August 18th or 25th

E. Interviews In addition to submitting a written proposal, the top-rated Professionals 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.

F. Travel & Expenses Subject to the terms of the applicable Work Order, reasonable expenses may be reimbursable per the current rates found at www.gsa.gov. Professional will be required to provide original receipts to the City for all travel expenses.

G. Subcontractors/Subconsultants Professional will be responsible for identifying any subcontractors and/or subconsultants in their proposal. Please note that the City will contract solely with the awarded Professional; therefore, subcontractors and/or subconsultants will be the responsibility of the Professional.

H. Current standards All work and/or materials must meet current standards in force by recognized technical and professional societies, trade and materials supply associations, institutes and organizations, bureaus and testing laboratories, and national, federal, state, county, and local laws, codes and ordinances.

I. Fees, Licenses, Permits The successful Professional shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All vehicles and equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law.

http://www.gsa.gov/

J. Laws and Regulations The Professional agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances to include American Disabilities Act (ADA).

K. 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 Professional each month following the submittal of a correct invoice by the Professional 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 stated in the Work Order and Agreement. In the event a service is requested which is not stated in the Work Order and/or Agreement, the Professional and the City will negotiate an appropriate unit price for the service prior to the Professional initiating such work.

The City pays invoices on Net 30 terms.

mailto:invoices@fcgov.com

III. PROPOSAL SUBMITTAL

Please limit the total length of your proposal to a maximum of thirty (30) 8 ½ x 11” pages (excluding cover pages, table of contents, dividers, resumes and Acknowledgement 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 and may be used for detailed pricing. Links to other files or websites shall not be permitted. Proposals that do not conform to these requirements may be rejected.

Professionals 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 Professionals 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 Professionals include each of the City’s questions with their response.

The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal.

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. Professional Information

1. Describe the Professional’s business and background

2. Number of years in business and number of years of industry experience in working with electric System studies

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).

8. List all litigation, mediation, arbitration, or alternative dispute resolution cases involving the firm, subsidiaries, or parent company within the last ten (10) years.

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.

3. Briefly describe the approach to execute the scope of work to include the methods and assumptions used, and any exceptions and/or risks.

4. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties.

5. Include a description of the software and other analysis tools to be used.

6. Identify what portion of work, if any, may be subcontracted or outsourced to subconsultants. Include all applicable information herein requested for each Professional.

7. Provide a high-level schedule with major milestones and duration of each.

8. Are other-qualified personnel available to assist in meeting the project schedule if required?

9. Is the project team available to attend meetings as required by the Scope of Work?

10. For each bullet point in section A. Scope of Work – Requirements to supplement the Scope of Work above, indicate if Professional can meet the requirement and provide specific detail where required.

D. Firm Capability and Assigned Personnel 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 subconsultants with titles and their specific task assignment for this Agreement shall be provided in this section.

2. Provide resumes for each Professional and technical person to be assigned to the project, including partners, subconsultants, and subcontractors. Please limit resumes to one page. List and highlight experience in the areas detailed in the Scope of Work.

3. A list of qualifications for your firm. Also, list five (5) recent studies conducted by the Professional that are similar in nature to the current Scope of Work including: (i) deliverables produced (ii) hi-level description of data system sources (ex, AMI), (iii) entities that were modeled (e.g., electric vehicles service equipment, DER, Beneficial Electrification).

4. References. Provide a minimum of five (5) Utility agencies that the Professional has produced similar studies for similar sized (or larger) Utilities. Preferred study of underground or a combination of underground & overhead electric distribution system.

Include the owner’s name, title of project, a brief description of the project, a narrative explaining how it meets the RFP’s qualifications, contact name, email and phone number, subconsultants on the team and a brief description of the work and any change orders. The Professional authorizes the City to verify all information contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information provided.

5. Please outline your firm’s current workload to show the ability and capacity to perform the Scope of Work outlined above.

6. Professional must confirm their ability and commitment to provide key personnel onsite for project kick-off and any other in-person activities necessary to fulfill the scope of work. Professional must indicate if these resources will require the City to reimburse their travel expenses.

7. Provide any information that distinguishes Professional from its competition and any additional information applicable to this RFP that might be valuable in assessing Professional’s proposal.

E. Sustainability/TBL Methodology In concise terms (no more than two pages), please describe your organization’s commitment to sustainability and supporting values.

Each element of the TBL sustainability criteria will receive equal consideration in determining the final Sustainability/TBL score.

1. Address how your firm strives to incorporate all three aspects (social, environmental, and economic) of Triple Bottom Line (TBL) sustainable practices into the workplace. Provide examples along with any metrics used to measure success within your firm.

2. Also provide examples of how your firm has incorporated all three aspects of TBL sustainable practices in previous similar projects on which your firm has been the prime Professional.

Some examples are provided below:

a. Environmental – Experience delivering projects / programs focused on environmental health priorities in the areas of climate resiliency, water quality and watershed protection, regulatory performance, management systems, air quality, renewable energy, sustainable building and design, construction materials management, and solid waste reduction.

b. Economic – Experience working and delivering projects with an emphasis on strategic financial planning, job creation, business development, asset management, various project delivery methods, value engineering, regional partnerships, transparency, stakeholder engagement, strategic investments, aging infrastructure, repurposing of existing facilities, and competing financial priorities.

c. Social - Experience working and delivering projects, programs, and/or initiatives that support Equity, Diversity, and Inclusion throughout your firm’s workplace, including leadership, and supply chain. Examples of this may be demonstration of working within cultural and language gaps, development of diversity programs, diverse project teams, equitable opportunity vendor supply chain, and how your firm has applied an equity lens to processes such as recruitment, hiring, purchasing, career pathways, salaries, and staff engagement.

F. Cost and Work Hours In your response to this proposal, please provide the following:

1. Estimated Hours by Task: Provide estimated hours for each proposed task by job title and employee name, including the time required for meetings, conference calls, etc.

2. Cost by Task: Provide the cost of each task identified in the Scope of Proposal section.

Provide a total not to exceed cost for the Scope of Proposal. Price all additional services/deliverables separately.

3. Schedule of Rates: Provide a schedule of billing rates by category of employee and job title to be used during the term of the Agreement. This fee schedule will be firm for at least one (1) year from the date of the Agreement. The fee schedule will be used as a basis for determining fees should additional services be necessary. Include a per meeting rate in the event additional meetings are needed. A fee schedule for subconsultants/subcontractors, if used, shall be included.

4. All direct costs (i.e., travel, printing, postage, etc.) specifically attributed to the project and not included in the billing rates must be identified. Reasonable expenses may be reimbursable as per the current rates found at www.gsa.gov. Professional will be required to provide original receipts to the City for all travel expenses.

5. Include any applicable recurring annual costs for support & maintenance for the next five (5) years.

G. Sample Agreement Included with this RFP is a sample Agreement, attached as Section VI., that the City intends to use for obtaining the services of the Professional. The Professional is required to review this Agreement and indicate any objections to the terms of the contract. If revisions to the contractual terms are requested, provide suggested revisions.

H. Acknowledgement The Acknowledgement form is attached as Section V. Complete the attached form indicating the Professional hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that the Professional has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP.

http://www.gsa.gov/

IV. REVIEW AND ASSESSMENT CRITERIA

A. Proposal and Interview Criteria Professionals will be evaluated on the following criteria. This set of 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 Professionals may be conducted.

The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements, a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds minimum requirements in that category.

CRITERIA

NUMBER

CRITERIA WEIGHTING FACTOR

1 FIRM CAPABILITY & EXPERIENCE 45%

2 COST & WORK HOURS 30%

3 PROJECT APPROACH/SCHEDULE/SCOPE 20%

4 SUSTAINABILITY/TBL METHODOLOGY 5%

Official Purchasing Document Last updated 4/2025

RFP 10173 Electric System Study

V. ACKNOWLEDGEMENT

This form may not be redlined and must be submitted with your proposal. Failure to adhere to these requirements may result in your proposal being rejected.

Professional 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 10173 Electric System Study and sample Agreement except as otherwise noted. Additionally, Professional 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

Professional’s knowledge and belief.

b. Professional 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. Professional further agrees that the method of award is acceptable.

e. Professional also agrees to complete the proposed Agreement with the City of Fort Collins within 10 days of notice of award. If contract is not completed and signed within 10 days, City reserves the right to cancel and award to the next highest rated firm.

f. Professional acknowledges receipt of addenda.

g. Professional acknowledges no conflict of interest.

h. Professional acknowledges that 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. Professionals may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may redact text and/or data that it deems confidential or proprietary pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal.

Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. 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 information and financial data information may not be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions and pricing of any contract resulting from this request for proposal will be public information.

Legal Firm Name:

Physical Address:

Remit to Address:

RFP 10173 Electric System Study

Phone:

Name of Authorized Agent of Firm:

Signature of Authorized Agent:

Primary Contact for Project:

Title: Email Address:

Phone: Cell Phone:

NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.

Professional Services Agreement RFP/BID [# and Title] Page 1 of 16

VI. SAMPLE AGREEMENT (FOR REVIEW ONLY – DO NOT SIGN )

PROFESSIONAL SERVICES AGREEMENT

This Professional Services Agreement (Agreement) made and entered into the day and year set forth in the Agreement Period section below by and between the CITY OF FORT COLLINS, COLORADO, a Colorado Municipal Corporation (City) and , a(n) [enter state] [business type] (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 Service. The Professional agrees to provide Services in accordance with the Scope of Services (Services) attached as Exhibit A, consisting of [# of Pages] and incorporated herein. Irrespective of references in to named third parties in this Agreement and its Exhibits, the Professional shall be solely responsible for performance of all duties hereunder.

2. Project Schedule. The Services to be performed pursuant to this Agreement shall be performed in accordance with the Project Schedule attached hereto as Exhibit [choose one], consisting of [# of Pages], and incorporated herein.

3. Changes. The City may, at any time during the term of the Agreement, make changes to the Agreement. Such changes shall be agreed upon in writing by the parties.

4. Agreement Period. Agreement shall commence , 20(Year) (the Effective Date) and shall continue in full force and effect until , 20(Year), 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 [choose one] additional one-year period(s).

Renewals and pricing changes shall be negotiated by and agreed to by both parties only at the time of renewal. Written notice of renewal shall be provided to the Professional no later than thirty (30) days prior to Agreement end.

5. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause or penalty by providing at least ten (10) calendar days written notice of termination to the Professional.

In the event of early termination by the City, the Professional shall be paid for Services rendered up to the date of termination, subject to the satisfactory performance of the Professional 's obligations under this Agreement. Professional shall submit a final invoice within ten (10) calendar days of the effective date of termination. Payment shall be the Professional's sole right and remedy for termination.

Professional Services Agreement RFP/BID [# and Title] Page 2 of 16

6. Notices. All notices provided under this Agreement shall be effective immediately when emailed or three (3) business days from the date of the notice when mailed to the following addresses:

Professional: City: Copy to:

Attn:

Email Address

City of Fort Collins Attn:

PO Box 580 Fort Collins, CO 80522 Email Address

City of Fort Collins Attn: Purchasing Dept.

PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com

All notices under this Agreement shall be written.

7. Compensation. 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 [choose one], consisting of [# of Pages], attached 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 Services by the City.

Invoices shall be emailed to invoices@fcgov.com with a copy to the City Project Manager.

The cost of the work completed shall be paid to the Professional following the submittal of a correct itemized invoice by the Professional. The City is exempt from sales and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request.

The City pays undisputed invoices on Net 30 days from the date of the invoice submittal to the City or, for disputed invoices, Net 30 days from the date of City Project Manager’s approval.

8. Design and Service Standards. The Professional warrants and shall be responsible for the professional quality, technical accuracy, accessibility requirements under ADA and Public Accommodations and Technology Accessibility sections below, timely completion and the coordination of all Services rendered by the Professional, and the Project Instruments as defined in the Project Instruments and License section below. The Professional shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies from such standards.

9. Indemnification. The Professional shall indemnify, defend, and hold harmless the City and its officers and employees, to the maximum extent permitted under Colorado law, against and from any and all actions, suits, claims, demands, or liability of any character whatsoever claimed by the Professional or third parties against the City arising out of or related to this Agreement (including but not limited to contract, tort, intellectual property, accessibility, or mailto:purchasing@fcgov.com mailto:invoices@fcgov.com

Professional Services Agreement RFP/BID [# and Title] Page 3 of 16 otherwise). This obligation extends to reimbursement of the City's defense costs and reasonable attorney’s fees.

10. Insurance. The Professional shall maintain insurance in accordance with Exhibit [choose one], consisting of [# of Pages], attached and incorporated herein.

11. Appropriation. To the extent this Agreement or any provision in it. requires payment of any nature in fiscal years subsequent to the current fiscal year and constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by Fort Collins City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which there are no pledged cash reserves or supporting appropriations pledged irrevocably for purposes of payment obligations herein. Non-appropriation by the City shall not be construed as a breach of this Agreement.

12. Project Instruments and License.

a. Upon execution of this Agreement, the Professional grants to the City an irrevocable, unlimited and royalty free license to use any and all sketches, drawings, as-builts, specifications, designs, blueprints, data files, calculations, studies, analysis, renderings, models, plans, reports, and other deliverables (Project Instruments), in any form whatsoever and in any 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 Project Instruments for use in performing the 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 use the Project Instruments 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 Project Instruments. This license shall survive termination of the Agreement by default or otherwise.

b. Upon payment of each invoice, associated Project Instruments rendered by the Professional shall become the City’s property. The Professional shall provide the City with the Project Instruments in electronic format in a mutually agreed upon file type.

13. City Project Manager. The City will designate, before commencement of the Services, the City Project Manager who shall make, within the scope of their authority, all necessary and proper decisions with reference to the Services provided under this Agreement. All requests for contract interpretations, change order, and other clarification or instruction shall be directed to the City Project Manager.

The initial City Project Manager for this Agreement is [Enter Name] and can be reached at [Enter Email] or [Enter Phone]. The City Project Manager is subject to change by the City.

Professional Services Agreement RFP/BID [# and Title] Page 4 of 16

14. Project Status Report. Project status reports may be required by Exhibit A – Scope of Services and shall be submitted to the City Project Manager. Failure to provide any required status report may result in the suspension of the processing of any invoice.

15. Independent Contractor. The Services to be performed by the Professional are those of an independent contractor and not of an employee of the City. The City shall not be responsible for withholding or remitting any portion of the Professional 's compensation hereunder or any other amounts on behalf of Professional for the payment of FICA, Workers' Compensation, unemployment insurance, other taxes or benefits or for any other purpose.

16. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an Agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City.

17. Subcontractors/Subconsultants. The Professional may not subcontract any of the Services without the prior written consent of the City, which shall not be unreasonably withheld. If any of the Services 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.

The Professional shall require all subcontractor/subconsultants performing Services hereunder to maintain insurance coverage naming the City as an additional insured under this Agreement and Exhibit [choose one], consisting of [# of Pages], attached and incorporated herein. The Professional shall maintain a copy of each subcontractor’s/subconsultant’s certificate evidencing the required insurance. Upon request, the Professional shall promptly provide the City with a copy of the certificate(s).

The Professional shall be responsible for any liability directly or indirectly arising out of the Services performed under this Agreement by a subcontractor/subconsultant, which liability is not covered by the subcontractor/subconsultant's insurance.

18. Acceptance Not Waiver. The City's approval of Project Instruments furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the Services. The City's approval or acceptance of, or payment for, any of the

Professional Services Agreement RFP/BID [# and Title] Page 5 of 16

Services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement.

19. 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 to or refuse to perform according to the terms of this Agreement, that party may be declared in default upon notice.

20. Remedies. In the event a party has been declared in default, that defaulting party shall be allowed a period of ten (10) calendar days from the date of notice 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 themselves of any other remedy at law or equity.

In the event of a dispute between the parties regarding this Agreement, each party shall bear its own attorney fees and costs, except as provided for in the Indemnification and Technology Accessibility sections.

21. Entire Agreement; Binding Effect; Authority to Execute. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties regarding this transaction and the matter recited herein. This Agreement supersedes any prior agreements, promises, or understandings as to the matter recited herein. The Agreement shall be binding upon the 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. Covenants or representations regarding the matter recited herein, not contained in this Agreement shall not be binding on the parties. In the event of a conflict between terms of the Agreement and any exhibit or attachment, the terms of the Agreement shall prevail. Each person executing this Agreement affirms that they have the necessary authority to sign on behalf of their respective party and to bind that party to the terms of this Agreement.

22. Law/Severability. The laws of the State of Colorado and the City of Fort Collins Charter and Municipal Code shall govern the construction, interpretation, execution and enforcement of this Agreement —without regard to choice of law or conflict of law principles. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the City subsequently agrees in writing that the matter may be heard in federal court, venue will be District Court for the District of Colorado. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, that holding shall not invalidate or render unenforceable any other provision of this Agreement.

23. Use by Other Agencies. The City reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts (collectively Agency) to use the City’s award determination to the Professional. Use by any other Agency shall

Professional Services Agreement RFP/BID [# and Title] Page 6 of 16 not have a negative impact on the City in the current term or in any future terms. Nothing herein shall be deemed to authorize or empower the Agency to act as an agent for the City in connection with the exercise of any rights hereunder, and neither party shall have any right or authority to assume or create any obligation or responsibility on behalf of the other.

The other Agency shall be solely responsible for any debts, liabilities, damages, claims or expenses incurred in connection with any agreement established solely between the Agency and the Professional. The City’s concurrence hereunder is subject to the Professional’s commitment that this authorization shall not have a negative impact on the Services to be completed for the City.

24. Prohibition Against Unlawful Discrimination. The Professional acknowledges that the City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4); C.R.S. § 24-34-401, and any associated State or Federal laws and regulations, strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age forty (40) years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. Pursuant to City policy, sexual orientation means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that the employee has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding.

The Professional shall comply with the City’s policy for equal employment opportunity and prohibit unlawful discrimination, harassment and retaliation. This requirement also applies to all third-party subcontractors/subconsultants at every tier.

25. ADA and Public Accommodations. In performing the Services required hereunder, the Professional agrees to meet all requirements of the Americans with Disabilities Act of 1990, C.R.S. § 24-85-101, and all applicable rules and regulations (ADA), and all applicable Colorado public accommodation laws, which are imposed directly on the Professional or which would be imposed on the City as a public entity.

26. Technology Accessibility. The Professional represents that the Project Instruments hereunder, shall fully comply with all applicable provisions of C.R.S. § 24-85-101, and the Accessibility Standards for Individuals with a Disability, as established by the State of Colorado Governor’s Office of Information Technology (OIT) pursuant to C.R.S. § 24-85-103 (2.5), including all updates and amendments to those standards as provided by the OIT.

The Professional shall also comply with all State of Colorado technology standards related to technology accessibility and…