Financial Services
Purchasing Division
nd
215 N. Mason St. 2 Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
INVITATION TO BID
7645 CHANGING HIGH SIDE DE-ENERGIZED TAP CHANGER (DETC) AND
TESTING
BID OPENING: 3:00 P.M. (our clock), JUNE 3, 2014
The City of Fort Collins is requesting bids from firms for the changing of the DETC and
associated testing on 115KV and 230KV substation power transformers.
Sealed bids will be received and publicly opened at the office of the Director of
Purchasing and Risk Management, PO Box 580, 215 North Mason St., 2nd floor, Fort
Collins, Colorado 80522, at the time and date noted on the bid proposal and/or contract
documents. 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, 805220580.
Bids must be received at the Purchasing Office prior to 3:00 p.m. (our clock),
June 3, 2014.
The City encourages all disadvantaged business enterprises to submit bid in response
to all invitations and will not be discriminated against on the grounds of race, color,
national origin.
Questions concerning the scope of the bid should be directed to Bob Hover at 970-2216725 or bhover@fcgov.com.
Questions regarding bid submittal or process should be directed to Pat Johnson, CPPB,
Senior Buyer at 970-221-6816 or pjohnson@fcgov.com.
A copy of the Bid may be obtained as follows:
Download the Bid from the Purchasing Webpage, Current Bids page, at:
http://fcgov.com/eprocurement
Special Instructions
All bids must be properly signed by an authorized representative of the company with
the legal capacity to bind the company to the agreement. Bids may be withdrawn up to
the date and hour set for closing. Bid prices must be held firm for a period of forty-five
(45) days after bid openings.
Submission of a bid is deemed as acceptance of all terms, conditions and specifications
contained in the City's specifications initially provided to the bidder. Any proposed
modification must be accepted in writing by the City prior to award of the bid.
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Only bids properly received by the Purchasing Office will be accepted. All bids should
be clearly identified by the bid number and bid name contained in the bid proposal.
No proposal will be accepted from, or any purchase order awarded, to any person, firm
or corporation in default on any obligation to the City.
Bids must be furnished exclusive of any federal excise tax, wherever applicable.
Bidders must be properly licensed and secure necessary permits wherever applicable.
The City reserves the right to accept or reject any and all bids, and to waive any
irregularities or informalities.
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.
Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid.
All freight charges must be included in prices submitted on proposal.
Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid
figures and not entered as separate pricing on the proposal form.
Purchasing restrictions: your authorized signature of this bid assures your firm's
compliance with the City's purchasing restrictions. A copy of the resolutions is available
for review in the Purchasing Office or the City Clerk's Office. Request Resolution 91121 for cement restrictions.
Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected
and reported to authorities as such. Your authorized signature of this bid assures that
such bid is genuine and is not a collusive or sham bid.
Bid results: for information regarding results for individual bids send a self-addressed,
self-stamped envelope and a bid tally will be mailed to you. Bid results will be posted in
our office 7 days after the bid opening.
Services will be invoiced monthly based on completed items. City payment terms will be
Net 30 Days from receipt of invoice.
Gerry S. Paul
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Director of Purchasing and Risk Management
TABLE OF CONTENTS
TITLE
SECTION I – Instructions to Bidders
SECTION II – Scope of Work
SECTION III – Submittal of Bids
SECTION IV – Special Conditions
SECTION V – Sample Services Agreement
APPENDICES
APPENDIX A – DETCAppendixA
APPENDIX B – Nameplate data in .pdf format for all transformers.
APPENDIX C – Area map in .pdf format showing the general location of each
substation.
APPENDIX D – Bid schedule
APPENDIX E – Statement of bidder’s qualifications form
APPENDIX F – Sample services agreement (includes appendix for insurance
requirements and confidentiality)
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SECTION I - INSTRUCTIONS TO BIDDERS
A. General Description
The work covered under this bid includes changing of the de-energized tap changer
(DETC) and associated testing on 115KV and 230KV substation power transformers.
B. Contract Documents
The Contract Documents governing the work described herein include the material
herein and all addenda issued except as specifically noted elsewhere.
The Contract Documents are intended to be sufficiently detailed to provide adequate
definition of the work to be prosecuted and the quality of that work.
The Bidders shall thoroughly familiarize themselves with the provisions and content of
the Contract Documents. Failure to do so in any way alters the successful bidder’s
obligation to enter into the Agreement, his obligation to prosecute the Agreement or his
risks in performing the Agreement.
The Bidder should request clarification of all potential conflicts by contacting the Director
of Purchasing & Risk Management at least seven (7) days prior to the bid date. The City
will not be responsible for any other explanations, interpretations, or other
supplementary data except those made by written addenda.
Changes to bid documents will be made via written addendums and transmitted to
bidders.
C. Qualification of Bidders
The City may conduct investigations as it deems necessary to assist in the evaluation of
any Bid and to establish the responsibility qualifications, and financial ability of the
Bidder to perform the work and the Bidder shall furnish to the City all such information
and data as is reasonably required for this purpose. The City reserves the right to
disqualify any bid if the evidence resulting from the City’ s investigation shows, in the
opinion of the City, that the Bidder is not properly qualified to prosecute the work
described herein.
Bidders must meet the following requirements:
 Must be established and operating as same for the past five (5) years.
To demonstrate qualifications to perform the Work, each Bidder must submit the
following at the time of the Bid opening. Also required (and attached) is a Statement of
Qualifications form.
 a written statement of qualifications including financial data
 a summary of previous experience
 previous commitments
 evidence of authority to conduct business in the jurisdiction where the Project is
located
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D. Award of Contract
The City reserves the right to reject any and all Bids, to waive any and all informalities
not involving price, time or changes in the Work, to negotiate contract terms with the
Successful Bidder, and the right to disregard all nonconforming, nonresponsive,
unbalanced or conditional Bids.
In evaluating Bids, the City will consider the qualifications of the Bidders, whether or not
the Bids comply with the prescribed requirements, and such alternates, unit prices and
other data, as may be requested in the Bid Form or prior to the Notice of Award.
If the Contract is to be awarded, it will be awarded to the lowest responsive and
responsible Bidder whose evaluation by the City indicates to City that the award will be
in the best interest of the City. The basis for award shall be the lowest Bid total for the
Schedule.
Work may be scheduled consecutively or may encompass a period of time to be
determined with the awarded Contractor. The bid will be awarded to only one Contractor
and not split between multiple Contractors.
E. General information
The City reserves the right to request supplemental documentation and interviews with
any of the qualified bidders. Bid award will be made to the low responsible, responsive
bidder meeting bid specifications.
F. Schedule
Utilities has established the target schedule shown below for the Bid. Utilities reserves
the right to amend the target schedule at any time.
 Bid Issuance: May 19, 2014
 Final questions due: May 27, 2014
 Bid Due: June 3, 2014
Utilities anticipates a contract being in place in mid June in the hopes that the awarded
Contractor will be able to begin work shortly thereafter.
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SECTION II - SCOPE OF WORK
DETC Position Change
A. GENERAL. This section covers procedures and testing on 115KV and 230KV
substation power transformers when performing a De-energized Tap Changer
(DETC) change.
All switching operations, including racking of breakers and opening high side and
low side breakers, and equipment grounding shall be performed by Utility personnel.
The Contractor shall verify that the transformer(s) are de-energized and grounded
prior to commencement of work.
All clearances shall be taken by Utility personnel. Where the Contractor will be
working on Utility equipment a joint clearance shall be issued to Utility personnel and
the Contractor from the SCO operations center.
All pertinent safety regulations shall be rigidly adhered to.
B. SCOPE OF WORK. The work under these specifications and documents shall
include changing of the DETC and associated testing on 115KV and 230KV
substation power transformers.
The work under these specifications and documents shall include furnishing
equipment, labor, and materials to complete the work.
Major components of the Contractors work include:



Change the De-energized Tap Changer (DETC) position on each
30/40/50MVA 115KV and 230KV substation power transformers from their
as found tap position to the specified position as indicated in Appendix A.
Prior to this date the DETCs have not been operated or have not been
operated for an extended period of time. Any issues with the DETCs shall
be recognized and addressed by the technician familiar with DETC
operations and their problems. The Contractor shall be responsible for
making the physical tap change.
Perform transformer testing pre and post DETC change to verify condition
of the transformer.
One transformer per week will be changed. The Contractor shall assume
one mobilization per week.
Detailed scope:
Mobilize Transformer Technician to the site
1. Confirm LOTO. Set up work area.
2. Perform a visual inspection of the transformer.
3. Factory testing will be performed in accordance with the methods described in
ANSI/IEEE C57.12.90 latest version standards for transformers.
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4. Required tests:







Transformer turns ratio
Resistance test all tap positions
Operation: Change tap positions from as found to required position
Resistance test all tap positions
Turns ratio in the as-left position
Insulation resistance (Megger)
Power factor (Doble of windings and capacitance-type bushings)
C. CITY RESPONSIBILITIES. The City shall be responsible for the following:
 Qualified Project Manager and two (2) Substation Techs to assist with the
work.
 Supply and erection of scaffolding/ladders etc., to work on the transformer.
 Circuit switching and LOTO and grounding with approved safety methods to
complete the work.
 Access to the equipment for trucks and crews and unrestricted work hours.
 Oil testing post tap change.
 120V AC power for the Contractor’s test equipment
D. CONTRACTOR’S RESPONSIBILITIES. The Contractor shall be responsible for the
following:
 Qualified crew members.
 Tools and test equipment to perform the required tests.
 Hard hat and safety harness and when working on top of substation
transformers.
 Project coordinator to schedule work and follow up on reports.
 Review of testing immediately following the required tests to confirm “OK to
re-energize”.
E. PROTECTIVE EQUIPMENT. The Contractor shall be responsible for furnishing the
required protective equipment for his employees. Hard hats shall be worn at all
times while in the substation.
F. EXISTING FACILITIES. The Contractor shall take extreme care while working on
the transformers to prevent damage to porcelain insulators, control cables, gauges,
switches, 600V wiring, relays, etc.
G. PRICING. The Contractor shall provide labor, equipment, and material for this
project on a lump sum basis on the attached bid schedule.
H. WORK HOURS. The working hours shall generally be from 8:00 am to 4:30 pm,
Monday through Friday unless other arrangements are made with the City.
I. SCHEDULE. The City would prefer that the Contractor’s work commence on
Wednesday of each week to allow Monday and Tuesday for switching and
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transformer jumper removal. The proposed schedule shall be mutually agreed upon
by the City and the Contractor based on the number of man days required to
perform the work. Re-scheduling of work by the City shall not constitute additional
charges by the Contractor if a minimum of 3 days notice is given prior to the original
agreed upon work day.
J. INSURANCE. The Contractor shall be required to submit proof of insurance
coverage prior to commencement of the work. Limits and details are as listed on
Appendix A of the attached Sample Services Agreement.
K. ATTACHMENTS. The following are included as part of these documents:
 DETCAppendixA - Describes the specifics of each transformer.
 Nameplate data in .pdf format for all transformers.
 Area map in .pdf format showing the general location of each substation.
SECTION III - SUBMITTAL OF BIDS
Qualified Contractors interested in performing the work described in this bid should
submit a minimum of the following information to the City. A bid that does not include all
of the information required may be deemed incomplete and is subject to rejection.
Responses must include all of the items listed below, in the order listed:
A. Contractor Information and Experience
The Contractor should provide the following information:
1. Primary contact information for the company including contact name(s) and
title(s), mailing address(s), phone number(s), and email address(s).
2. A list of qualifications for your firm and qualifications and experience of the
specific staff members proposed to perform the services described above. A
résumé for key professional and technical persons assigned to the contract, shall
be submitted. Identify the primary contact person and roles of each staff member.
Please limit resumes to one page.
3. Description of how the project would be managed and who would have primary
responsibility for its timely and professional completion. A project schedule
including number of hours for each step shall be included.
4. Provide information from at least three accounts of similar scope. Include, at a
minimum, the following information: 1) company name, 2) contact name, 3)
phone number, 4) fax number, 5) email address, 6) brief description of project
scope and value, 7) status of project. The City reserves the right to contact the
references provided in your bid as well as other references without prior
notification to you.
5. List your previous experience in the last 5 years working providing this service.
6. Describe the availability of project personnel to participate in this project in the
context of the Contractor firm’s other commitments.
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B. Scope of Services
1. Complete specifications for proposed system components.
2. Detail the steps necessary to provide the scope of work and testing. Include
employees and their roles.
3. Describe your safety program for employees.
C. Pricing
1. Completed Bid Schedule, pages 13-18.
2. If necessary, travel & expenses shall be detailed and included on the bid
submittal.
3. Hourly and overtime rates are to be provided and to be used in the event
additional time is required per transformer:
SECTION IV - SPECIAL CONDITIONS
SC.1 PROJECT MANAGEMENT. The coordination of all field construction will be
under the direction of the Project Manager, who will be responsible for coordinating
work between various contactors and for resolving any conflicts between Contractors
regarding scheduling or coordination.
The time of completion is of the essence of this contract and the Contractor shall be
responsible for performing the work in accordance with the specified construction
schedule. If at any time the Contractor’s work is behind schedule the Contractor shall
increase his work force for getting the work back on schedule.
The Project Manager will not be responsible for the assignment of personnel, or
obtaining materials or supplies, or for any other services to the Contractor except the
coordination of work between Contractors and as specifically set forth in these contract
documents.
SC.2 CONTRACTOR’S SUPERVISION AT THE SITE. The Contractor shall furnish
adequate management, supervisory, and technical personnel on the site ensure
expeditious and competent handling of the work.
A superintendent experienced in the work specified herein, who is a member of the
Contractor’s organization, shall be a resident of the project throughout the work. The
superintendent shall be fully authorized to act for the Contractor and receive whatever
orders and notices may be given for the proper execution of the work.
The Contractor’s field organization shall include an experienced staff of qualified
technical personnel to handle the work.
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The Contractor shall be responsible for complete supervision and control of any of his
subcontractors as though they were his own forces. Notice to the Contractor shall be
considered notice to any subcontractor.
SC.3 RELATIONS WITH OTHER CONTRACTORS. The Contractor shall cooperate
with all other Contractors and City crews who may be performing work in behalf of the
City in the vicinity of the work under this contract and shall conduct his operations to
minimize interference with the work of such Contractors or workmen. The Contractor
shall promptly make good, at his own expense, any injury or damage that may be
sustained by other Contractors or employees of the City by his actions. Any difference
or conflict which may arise between the Contractor and other Contractors, or between
the Contractor and the workmen of the City shall be resolved as determined by the
Project Manager. If the work of the Contractor is delayed because of any acts or
omissions of any other Contractor, the Contractor shall have no claim against the City
on that account other than an extension of time.
SC.4 METHODS OF FIELD OPERATION. The Contractor shall inform the Project
Manager in advance as to the Contractor’s plans for carrying out each part of the field
work. Review by the Project Manager of any plan or method of work shall not relieve
the Contractor of any responsibility thereof, and such review shall not be considered as
an assumption of any risk or liability by the City or any officer, agent or employee
therefor. The Contractor shall have no claim because of the failure or inefficiency of any
plan or method so reviewed.
Any method of work suggested by the Project Manager, but not specified, shall be used
at the risk and responsibility of the Contractor, and the City shall have no responsibility
therefor.
The Contractor shall have no claim because of the failure or inefficiency of any plan or
method so reviewed.
The Contractor shall comply with all applicable requirements of federal, state, and local
codes and of all other authorities having jurisdiction over this work.
The Contractor shall be solely and completely responsible for conditions related to his
work including safety of all persons and property during performance of the work. This
requirement shall apply continuously and not be limited to normal working hours.
SC.5 PROTECTION OF PROPERTY. The Contractor shall be accountable for any
damages resulting from his operations. He shall be fully responsible for the all
structures including existing fences, switchgear buildings, switches, overhead lines,
overhead bus, insulators, gauges, radiators, or any other equipment or structures
located within the substation facility including any other devices in the switchgear.
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The Contractor shall furnish and maintain all necessary safety equipment, such as
barriers, signs, warning lights and guards to provide adequate protection of persons and
property.
Repair of substation facilities and equipment, should damage occur, shall be as directed
and approved by the Project Manager. The Contractor shall be solely responsible for
the damage repair costs.
Utility personnel will provide the Contractor with access to the substation facility
and Utility personnel will be present at all times during the duration of the work.
SC.6 UNFAVORABLE CONSTRUCTION CONDITIONS. During periods of
unfavorable weather, rain, wind, lightning, or other unsuitable construction conditions,
the Contractor shall confine his operations to work that will not be adversely affected
thereby. No outside work shall be performed under adverse conditions such as blowing
dust, rain or snow.
SC.7 REJECTED WORK AND MATERIALS. The Contractor, upon written notice from
the Project Manager, shall remove from the premises all materials or work rejected as
defective, unsound, improper, or in any way failing to meet the requirements of the
contract documents. The Contractor shall at his sole expense make good all work
damaged by such removal and shall promptly replace all unacceptable work and
materials.
If the Contractor does not remove his rejected work and materials immediately after
written notice, the City may remove and replace such work and materials at the
expense of the Contractor.
SC.8 CONSTRUCTION AREA LIMITS. The Contractor shall not trespass in or on
areas other than those required to perform the work. The work will be performed in an
energized electrical substation adjacent to overhead lines and aluminum bus with
voltages of 230KV, 115KV and 13.8KV. When entering or exiting the substation with
equipment, extreme caution must be exercised. If any contact is made with these
facilities, injury or death is very probable. Under no circumstance shall the Contractor
work or have equipment outside the designated work area.
SC.9 PROTECTION OF CONCRETE SURFACES. Concrete pads, slabs, tower
bases, retaining curbs and all other concrete structures within the substation shall be
protected from chipping, gouging, scratching, staining, and other damage. Damaged
sections shall be repaired or replaced subject to the Project Manager’s discretion and
acceptance.
Nonflammable, oil resistant coverings shall be used to protect concrete surfaces from
staining when required.
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SC.10 COOPERATION WITH THE CITY. The performance of the construction work
that affects the operation of the City’s electrical system facilities shall be scheduled to
be performed only at times acceptable to the City.
SC.11 AGREEMENT. The City’s Services Agreement is attached. Any exceptions to
the Agreement must be noted in your response.
SC.12 CITY CONTACTS. The City project contacts shall be as follows:
Project Manager
Name
Bob Hover
Work#
970-221-6725
Cell#
970-217-8109
Substation Specialist
Ryan Greene
----------------
970-443-4730
Substation Specialist
Kevin Knotts
----------------
970-631-5420
The Project Manager will be responsible for all final decisions regarding the work.
SC.13 ACCIDENT PREVENTION.
The Contractor shall use prudent safety precautions for protection of the life and health
of his/her employees and other persons, to prevent damage to property, materials,
supplies, and equipment, and to avoid work interruptions in the performance of this
contract. Contractor shall also take or cause to be taken such additional measures as
the City’s representative may determine to be reasonably necessary.
The Contractor shall submit a detailed report immediately to the Project Manager on all
accidents resulting in death, serious injury or damage to property, materials, supplies,
and equipment incidental to work performed under this Contract. All accidents and
minor injuries shall be reported to the City’s representative within a reasonable time.
SC.14 SAFETY REQUIREMENTS.
Contractor shall take all necessary precautions for the safety of, and shall provide the
necessary protection to prevent damage, injury or loss to:



All persons on the Work site or who may be affected by the work
All Work, materials and equipment to be incorporated therein
Other property at the site or adjacent thereto, including trees, shrubs, lawns,
walks, pavements, roadways, structures, utilities and underground facilities not
designated for removal, relocation or replacement in the course of construction
Contractor shall comply with all applicable laws and regulations of any public body
having jurisdiction for safety of persons or property or to protect them from damage,
injury or loss; and shall erect and maintain all necessary safeguards for such safety and
protection.
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APPENDIX A, B & C will be sent separately.
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APPENDIX D
BID SCHEDULE
Bidders are to complete and return pages 14 through 19 of the bid.
PROJECT: 7645 CHANGING HIGH SIDE DE-ENERGIZED TAP CHANGER AND
TESTING
1.
In compliance with your Invitation to Bid 7645 and subject to all conditions
thereof, the undersigned a (Corporation, Limited Liability Company, Partnership,
Joint Venture, or Sole Proprietor) authorized to do business in the State of
Colorado hereby proposes to furnish and do everything required by the Contract
Documents.
1.
The undersigned Bidder does hereby declare and stipulate that this bid is made
in good faith, without collusion or connection with any other person or persons
Bidding for the same Work, and that it is made in pursuance of and subject to all
the terms and conditions of the Invitation to Bid and Instructions to Bidders, the
Agreement, the detailed Scope of Work, and the Drawings pertaining to the Work
to be done, all of which have been examined by the undersigned.
2.
The Contractor has obtained all necessary authorizations and approvals that will
enable the Contractor to commit to the terms provided in this bid.
3.
All the various phases of Work enumerated in the Contract Documents with their
individual jobs and overhead, whether specifically mentioned, included by
implication or appurtenant thereto, are to be performed by the Bidder.
4.
The undersigned Bidder hereby acknowledges receipt of Addenda No.
through
.
5.
This Bid is in complete in accordance with the Purchaser's Specification,
without exception (yes or no). _________________.
The Contractor shall list and detail all exceptions taken to the Specification.
Exceptions taken, but not listed below, will not be accepted by the City.
If exceptions are taken (detail follows):
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
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LOCATION
UNIT PRICE*
1 Drake Substation (200) XFMR T1
2 Drake Substation (200)XFMR T2
3 Timberline Substation (300) XFMR T1
4 Timberline Substation (300) XFMR T2
5 Harmony Substation (501) XFMR T1
6 Harmony Substation (501)XFMR T2
7 Harmony Substation (502) XFMR T3
8 Harmony Substation (502) XFMR T4
9 Richards Substation (600) XFMR T1
10 Richards Substation (600) XFMR T2
11 Linden Substation (700) XFMR T1
12 Linden Substation (700) XFMR T1
13 Dixon Substation (800) XFMR T1
14 Dixon Substation (800) XFMR T2
15 Portner Substation (900) XFMR T1
16 Portner Substation (900) XFMR T2
17
TOTAL LUMP SUM (all substations)
18 Estimated man days per transformer
Contractor's Hourly rates (only to be
used if additional time is required per
19 transformer)
Straight time
Overtime
Sundays/Holidays
*Unit prices shall include all mobilization, labor and equipment to
complete the work on each transformer.
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APPENDIX E
STATEMENT OF BIDDER'S QUALIFICATIONS
All questions must be answered and the data given must be clear and comprehensive. This
statement must be notarized. If necessary, questions may be answered on separate attached
sheets. The Bidder may submit any additional information he desires.
1.
Name of Bidder:
2.
Permanent main office address:
3.
When organized:
4.
If a corporation, where incorporated:
5.
How many years have you been engaged in the contracting business under your present
firm or trade name?
6.
Contracts on hand: (Schedule these, showing the amount of each contract and the
appropriate anticipated dates of completion.)
7.
General character of Work performed by your company:
8.
Have you ever failed to complete any Work awarded to you?
If so, where and why?
9.
Have you ever defaulted on a contract?
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If so, where and why?
10.
Are you debarred by any government agency?
If yes list agency name.
11.
List the more important projects recently completed by your company, stating the
approximate cost of each, and the month and year completed, location and type of
construction.
12.
List your major equipment available for this contract.
13.
Experience in construction Work similar in importance to this project:
14.
Background and experience of the principal members of your organization, including
officers:
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15.
Credit available: $
16.
Bank Reference:
17.
Will you, upon request, fill out a detailed financial statement and furnish any other
information that may be required by the CITY?
18. Are you licensed as a General Contractor?
If yes, in what City, county and state?
What class, license and numbers?
19.
Do you anticipate subcontracting Work under this Contract?
If yes, what percent of total contract?
And to whom?
20.
Are any lawsuits pending against you or your firm at this time?
If yes, DETAIL
21.
What are the limits of your public liability? DETAIL
What company?
22.
What are your company's bonding limitations?
23.
The undersigned hereby authorizes and requests any person, firm or corporation to
furnish any information requested by the CITY in verification of the recital comprising this
Statement of Bidder's Qualifications.
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Dated at ________________ this ______ day of __________________, 20__.
Company:
By:
Printed:
Title:
Date:
Address
Telephone
Email
State of
County of
being duly sworn deposes and says that he
is
of
(Name)
(Organization)
and that the answers to the foregoing questions and all statements therein contained are true
and correct.
Subscribed and sworn to before me this _______ day of____________, 20__.
(Seal)
Notary Public
My commission expires:
.
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APPENDIX F
SAMPLE SERVICES AGREEMENT
Not to be completed at this time
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 "Service Provider".
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 Service Provider agrees to provide services in accordance with
the scope of services attached hereto as Exhibit "A", consisting of
(
)
page
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
"
", consisting of
(
) page
, and incorporated herein by this
reference.
3.
Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated within
(
) days following
execution of this Agreement. Services shall be completed no later than
. Time is of
the essence. Any extensions of the time limit set forth above must be agreed upon in a
writing signed by the parties.
4.
Contract Period. [Option 1] This Agreement shall commence upon the date of execution
shown on the signature page of this Agreement and shall continue in full force and effect
for one (1) year, unless sooner terminated as herein provided. In addition, at the option of
the City, the Agreement may be extended for an additional period of one (1) year at the
rates provided with written notice to the Professional mailed no later than ninety (90) days
prior to contract end.
5.
Contract Period. [Option 2] 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
(
) additional one year periods.
Renewals and pricing changes shall be negotiated by and agreed to by both parties. The
Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget
Office will be used as a guide. Written notice of renewal shall be provided to the Service
Provider and mailed no later than ninety (90) days prior to contract end.
6.
Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without its fault or negligence,
then the party so prevented shall be excused from whatever performance is prevented by
such cause. To the extent that the performance is actually prevented, the Service
Provider must provide written notice to the City of such condition within fifteen (15) days
from the onset of such condition.
7.
Early Termination by City/Notice. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
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termination to the Service Provider. 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:
Service Provider:
Attn:
City:
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
Copy to:
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the
Service Provider's obligations under this Agreement. Such payment shall be the Service
Provider's sole right and remedy for such termination.
8.
Contract Sum. The City shall pay the Service Provider for the performance of this
Contract, subject to additions and deletions provided herein, per the attached Exhibit
"
", consisting of
(
) page
, and incorporated herein by this
reference.
9.
City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the services provided under this agreement. All
requests concerning this agreement shall be directed to the City Representative.
10.
Independent Service Provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort
Collins. The City shall not be responsible for withholding any portion of Service Provider's
compensation hereunder for the payment of FICA, Workmen's Compensation or other
taxes or benefits or for any other purpose.
11.
Subcontractors. Service Provider 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 Service Provider.
12.
Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider 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 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 or cause of action arising out of performance of this
Agreement.
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14.
Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with
the highest degree of competence and care in accordance with accepted standards for
work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to
City.
c. Service Provider warrants all equipment, materials, labor and other work, provided
under this Agreement, except City-furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship
for a period beginning with the start of the work and ending twelve (12) months from
and after final acceptance under the Agreement, regardless whether the same were
furnished or performed by Service Provider or by any of its subcontractors of any tier.
Upon receipt of written notice from City of any such defect or nonconformances, the
affected item or part thereof shall be redesigned, repaired or replaced by Service
Provider in a manner and at a time acceptable to City.
15.
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 thereof.
16.
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.
17.
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.
18.
Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever brought or asserted for injuries to or death of any
person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement of the type and with the limits specified within
Exhibit
, consisting of one (1) page, attached hereto and incorporated herein by
this reference. The Service Provider before commencing services hereunder, shall
deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort
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Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage
required from an insurance company acceptable to the City.
19.
Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
20.
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.
21.
Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created in Public Law
208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the “e-Verify Program”) or the Department Program (the
“Department Program”), an employment verification program established pursuant
to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of
all newly hired employees to perform work under this Agreement.
b. Service Provider 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. Service Provider 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 Service Provider obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider 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 ofreceiving
the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Service Provider 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. Service Provider 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.
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f.
If Service Provider 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, Service Provider shall be liable for actual and
consequential damages to the City arising out of Service Provider’s violation of
Subsection 8-17.5-102, C.R.S.
g.
The City will notify the Office of the Secretary of State if Service Provider violates this
provision of this Agreement and the City terminates the Agreement for such breach.
22.
Red Flags Rules.
Service Provider must implement reasonable policies and
procedures to detect, prevent and mitigate the risk of identity theft in compliance with the
Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further,
Service Provider must take appropriate steps to mitigate identity theft if it occurs with one
or more of the City’s covered accounts and must as expeditiously as possible notify the
City in writing of significant breeches of security or Red Flags to the Utilities or the Privacy
Committee.
23.
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) page, attached hereto and incorporated herein by this reference.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:_______________________________
Gerry Paul
Director of Purchasing and Risk Management
Date:_____________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
By:_______________________________
__________________________________
PRINT NAME
__________________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:_____________________________
ATTEST:
_____________________________
(Corporate Seal)
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CORPORATE SECRETARY
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EXHIBIT A
INSURANCE REQUIREMENTS
1.
The Service Provider 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 Service Provider 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 be cancelled or materially
altered, except after ten (10) 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 Service Provider, 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 Service Provider under this
Agreement. The City, its officers, agents and employees shall be named as additional
insureds on the Service Provider'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.
B.
Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider'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.
Commercial General & Vehicle Liability. The Service Provider 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 $2,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider 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.
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EXHIBIT B
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Service Provider 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 Service Provider has agreed to perform, the Service Provider
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 Service
Provider 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 Service Provider shall not disclose any such information to any
person not having a legitimate need-to-know for purposes authorized by the City. Further, the
Service Provider 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 Service Provider 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 Service Provider 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 Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider 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 Service Provider understands and agrees that the City’s remedies at law for a breach of the
Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that
the City shall, in the event of any such breach, be entitled to seek equitable relief (including
without limitation preliminary and permanent injunctive relief and specific performance) in
addition to all other remedies provided hereunder or available at law.
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