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CONTRACT - BLS ELECTRICAL, INC. - RFP - 9741 ELECTRICAL CONTRACTOR FOR CITY OF FORT COLLINS LIGHT & POWER
Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 1 of 113 MASTER SERVICES AGREEMENT WORK ORDER TYPE THIS MASTER SERVICES AGREEMENT (Agreement) made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Colorado Municipal Corporation, hereinafter referred to as the "City" or “Owner” and BLS ELECTRICAL, INC., a Colorado corporation, hereinafter referred to as "Contractor". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for 9741 Electrical Contractor Services for City of Fort Collins Light & Power . The conditions set forth herein shall apply to all services performed by the Contractor on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, samples of which are attached hereto as Exhibit A & B, consisting of two (2) pages and thirty-five (35) pages and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. A general scope of services is attached hereto as Exhibit D, consisting of seven (7) pages, and incorporated herein by this reference. The only services authorized under this Agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A & B to certain named third parties, Contractor shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without invalidating such Work Order, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit C, consisting of one (1) page, and incorporated herein by this reference. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Contractor pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Contractor. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 2 of 113 waiting for a written Work Order. Time is of the essence. 4. Contract Period. This Agreement shall commence July 17, 2023 and shall continue in full force and effect until July 16, 2024, unless sooner terminated as herein provided. At the option of the City, the Agreement may be extended for up to two (2) additional one (1) year periods. Renewals and pricing changes for subsequent extensions shall only be considered by the City at the time of such Agreement renewal. The Contractor shall propose any such changes in price at least forty-five (45) days prior to Agreement expiration. At the annual renewal, pricing on each agreement may be escalated no more than three percent (3%) per year. Written notice of renewal shall be provided to the Contractor and emailed no later than thirty (30) days prior to the Agreement expiration date. No greater than seven and one-half percent (7.5%) markup allowed on rental items, materials or subcontractors. Overhead, profit, insurance, bonds, general & administrative expenses, shall be included in the unit prices. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is fault or negligence, then the party so prevented shall be excused from whatever performance is prevented b y such cause. To the extent that the performance is actually prevented, the Contractor must provide written notice to the City of such condition within ten (10) days from the onset of such condition. 6. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Contractor. Such notice shall be mailed at least ten (10) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. In the event of early termination by the City, the Contractor shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Contractor's obligations under this Agreement. Contractor shall submit a final invoice/payment application within ten (10) days of the effective date of termination. Undisputed invoices/payment applications shall be paid Net 30 days from the date of the invoice/payment application. Such payment shall be the Contractor's sole right and remedy for such termination. 7. Notices. All notices provided under this Agreement shall be effective immediately when emailed or three business days from the date of the notice when mailed to the following addresses: Contractor: City: Copy to: BLS Electrical, Inc. Attn: Christopher Hartenstein 601 Gyrfalcon Ct. Unit B Windsor, CO 80550 bdostal@blseinc.com City of Fort Collins Attn: Cody Snowdon PO Box 580 Fort Collins, CO 80522 csnowdon@fcgov.com City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 3 of 113 8. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 9. Payments. a. The City agrees to pay and the Contractor agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule, attached hereto as Exhibit E, consisting of one (1) page, and incorporated herein by this reference. No greater than seven and one-half percent (7.5%) markup will be allowed on rental items, materials or subcontractors. Overhead, profit, insurance, bonds, general & administrative expenses shall be included in the line items of the Unit Pricing Sheet. b. Invoices/payment applications 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 Contractor following the submittal of a correct itemized invoice/payment application by the Contractor. Payment shall be made by the City only upon acceptance of the work by the City and upon the Contractor furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 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 invoices/payment applications on Net 30 days from the date of the invoice/payment application. 10. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by 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 no such supporting appropriation has been made. 11. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in the Work Order, plus any extensions thereof allowed in accordance with Article 12 of the General conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amount set forth in each Work Order. 12. City Project Manager. The City will designate, prior to commencement of the work, its DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 4 of 113 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 for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Project Manager. 13. Independent Contractor. It is agreed that in the performance of any services hereunder, the Contractor is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 14. Subcontractors/subconsultants. Contractor may not subcontract any of the Work set forth in the subsequent Work Orders 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/subconsultant 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/subconsultant 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/subconsultant and the City, nor will it obligate the City to pay or see to the payment of any subcontractor/subconsultant, and (d) the work of the subcontractor/subconsultant will be subject to inspection by the City to the same extent as the work of the Contractor. 15. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Contractor and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Contractor shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the city. 16. 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 under the Agreement or of any cause of action arising out of the performance of this Agreement. 17. Warranty. a. Contractor 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. Contractor 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, DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 5 of 113 the longer of, i.) The original manufacturer’s warranty term; or ii.) beginning with the start of the work and ending twenty-four (24) months from and after final acceptance under the Agreement, regardless of whether the same were furnished or performed by Contractor 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 Contractor in a manner and at a time acceptable to City. 18. 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. 19. 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 themselves 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. 20. Entire Agreement; Binding Effect; Order of Precedence; 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 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. Covenants or representations 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 such party to the terms of this Agreement. 21. Indemnity/Insurance. a. The Contractor 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 Contractor shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Contractor's obligations hereunder, the Contractor 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 F, consisting of two (2) pages, attached hereto, and incorporated herein by this reference. The DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 6 of 113 Contractor before commencing services hereunder shall deliver to the City's Purchasing Director, purchasing@fcgov.com, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the city. 22. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution, and enforcement of this Agreement. 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 in Denver District Court. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invali date or render unenforceable any other provision of this Agreement. 23. Utilization 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. Nothing herein shall be deemed to authorize or empower the Agency to act as an agent for the City of Fort Collins 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 between them and the Contractor. The City’s concurrence hereunder is subject to the Contractor’s commitment that this authorization shall not have a negative impact on the work to be completed for the City. 24. Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 25. Prohibition Against 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 origi n, 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, DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 7 of 113 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 Contractors 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 vendors and their subcontractors/subconsultants at every tier. 26. Force Majeure. No Party hereto shall be considered in default in the performance of an obligation hereunder to the extent that performance of such obligation is delayed, hindered, or prevented by force majeure. Force majeure shall be any cause beyond the control of the defaulting Party which could not reasonably have been foreseen and guarded against. Force majeure includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference by civil or military authorities, compliance with regulations or orders of military authorities, and acts of war (declared or undeclared), provided such cause could not have been reasonably foreseen and guarded against by the defaulting Party. Force majeure shall not include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. To the extent that the performance is actually prevented, the Contractor must provide written notice to the City of such condition within ten (10) days from the onset of such condition. 27. Dust Control. The Contractor shall abide by the City of Fort Collins “Dust Control and Prevention Manual,” which is available for public dow nload at https://www.fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated herein by this reference. The City of Fort Collins has implemented this manual for all projects performed for the City of Fort Collins or located within the City of Fort Collins City limits. 28. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to CORA. 29. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit G - Confidentiality, consisting of three (3) pages, and Exhibit H, Section 00700 General Conditions consisting of fifty-three (53) pages. In the event of any conflict between the main body of this Agreement and the Special Provisions (or any other exhibit or attachment to this Agreement), the main body of the Agreement shall control. [Signature Page Follows] DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 8 of 113 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director Date: ATTEST: APPROVED AS TO FORM: BLS ELECTRICAL, INC. By: Printed: Title: Date: DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 COO Christopher Hartenstein 7/25/2023 Assistant City Attorney 7/27/2023 Chief Deputy City Clerk Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 9 of 113 EXHIBIT A WORK ORDER FORM (Short form) PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND BLS ELECTRICAL, INC. WORK ORDER NUMBER: PM's Tracking # PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: 9741 Electrical Contractor Services for City of Fort Collins Light & Power MASTER AGREEMENT EFFECTIVE DATE: May 10, 2023 ARCHITECT/ENGINEER: If using a 3rd party architect/engineer or City PM/Engineer OWNER’S REPRESENTATIVE: City PM WORK ORDER COMMENCEMENT DATE: WORK ORDER COMPLETION DATE: MAXIMUM FEE: (time and reimbursable direct costs): PROJECT DESCRIPTION/SCOPE OF SERVICES: Contractor agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Ma ster Agreement and this Work Order (including the attached forms) the Master Agreement shall control. 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 for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Project Manager. The initial City Project Manager for this agreement is enter name, email, phone. The Project Manager is subject to change by the City. Pricing stated on this Work Order shall be consistent with the pricing in the Master Agreement or subsequent renewals as of the Work Order commencement date and will be held firm through completion of this Work Order. The attached forms consisting of ( ) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. CONTRACTOR: BLS Electrical, Inc. By: Date: Name: Title: DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 10 of 113 OWNER’S ACCEPTANCE & EXECUTION: This Work Order and the attached Contract Documents are hereby accepted and incorporated herein by this reference. ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer APPROVED AS TO FORM: Date: Name,City Attorney's Title (if greater than $1,000,000) ACCEPTANCE: Date: Name, Title ACCEPTANCE: Date: Name, Title ACCEPTANCE: Date: Kendall Minor, Utilities Executive Director (if greater than $1,000,000) ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) ACCEPTANCE: Date: Kelly DiMartino, City Manager (if greater than $1,000,000) ATTEST: Date: City Clerk (if greater than $1,000,000) DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 11 of 113 EXHIBIT B WORK ORDER FORM (Construction over $100,000) FORT COLLINS UTILITIES CONSTRUCTION WORK ORDER PROJECT TITLE WORK ORDER NO. PM'S TRACKING # CONTRACTOR: BLS ELECTRICAL, INC. DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 12 of 113 TABLE OF CONTENTS AGREEMENT FORMS 00525 Work Order, Notice of Award & Bid Schedule 00530 Work Order Notice to Proceed 00600 Bonds and Certificates 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00651 Lien Waiver Release (SUBCONTRACTOR/SUBCONSULTANT) 00660 Consent of Surety 00670 Application for Exemption Certificate 00900 Addenda, Modifications and Payment 00950 Work Order Change Order Form 00960 Application for Payment ADDITIONAL DOCUMENTS Attachment A DRAWING INDEX DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 13 of 113 SECTION 00500 CONSTRUCTION WORK ORDER AGREEMENT FORMS 00525 Work Order, Notice of Award & Bid Schedule 00530 Work Order Notice to Proceed DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 14 of 113 SECTION 00525 WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE TO: BLS Electrical, Inc. WORK ORDER NUMBER: PM's Tracking # PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: 9741 Electrical Contractor Services for City of Fort Collins Light & Power MASTER AGREEMENT EFFECTIVE DATE: May 10, 2023 ARCHITECT/ENGINEER: If using a 3rd party architect/engineer or can be City PM/Engineer OWNER’S REPRESENTATIVE: City PM WORK ORDER COMMENCEMENT DATE: MAXIMUM FEE: (time and reimbursable direct costs): NOTICE OF AWARD DATE: Date of this Document OWNER: City of Fort Collins (hereinafter referred to as OWNER) 1. WORK. Pursuant to your MASTER AGREEMENT with OWNER dated May 10, 2023, and your Work Order Proposal dated Date of Quote, you have been awarded a Work Order for Project Title. PROJECT DESCRIPTION & SITE LOCATION: 2. CONTRACT PRICE, BONDS AND CERTIFICATES. The price of your Work Order is Written Dollar Amount ($Numerical Dollar Amount). Pursuant to the AGREEMENT and the Work Order Documents, Performance and Payment Bonds and insurance are required. Pricing stated on this Work Order shall be consistent with the pricing in the Master Agreement or subsequent renewals as of the Work Order commencement date and will be held firm through completion of this Work Order. 3. CONTRACT TIMES. Pursuant to the MASTER AGREEMENT and the Work Order Documents, the date for Substantial Completion of this Work Order is Date, and after Substantial Completion, the date for Final Completion is Date. 4. PROJECT MANAGER. 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 for contract interpretations, change orders, and other clarification or instruction shall be directed to the Project Manager. The initial Project Manager for this agreement is (ENTER NAME, EMAIL, PHONE). The Project Manager is subject to change by the City. DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 15 of 113 5. LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the essence of this Work Order and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: Written Dollar Amount ($Numerical Dollar Amount) for each calendar day or fraction thereof after Date until the work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Written Dollar Amount ($Numerical Dollar Amount) for each calendar day or fraction thereof after XX number of calendar days until the Work is ready for Final Payment and Acceptance. 6. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by OWNER. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If, in the sole discretion of Owner, Owner determines that the character and progress of the Work have been satisfactory to OWNER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored, and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00960. Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amount s as OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 16 of 113 Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as provided in said paragraph 14.13. 7. EXECUTION. Work Order Documents must be executed in DocuSign within fifteen (15) calendar days of the date of this Notice of Award. Contractor shall attach Payment and Performance Bonds and Certificate of Insurance (COI) to the Work Order Documents in DocuSign. In addition, one original set of executed Bonds and COI shall be provided to the Buyer. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Work Order Proposal abandoned and to annul this Work Order & Notice of Award. CONTRACTOR’S NOTICE OF AWARD REPRESENTATION & EXECUTION: CONTRACTOR agrees to perform the services identified above, in accordance with the terms and conditions contained herein, the MASTER AGREEMENT, and the NOTICE OF AWARD between the parties. In the event of a conflict between or ambiguity in the terms of the MASTER AGREEMENT or specific Work Orders, the MASTER AGREEMENT shall control. CONTRACTOR: BLS Electrical, Inc. By: Date: Name: Title: DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 17 of 113 OWNER’S ACCEPTANCE & EXECUTION: This Work Order and the attached Documents are hereby accepted and incorporated herein by this reference. ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer REVIEWED: Date: Name, Purchasing Manager APPROVED AS TO FORM: Date: Name,City Attorney's Title (if greater than $1,000,000) ACCEPTANCE: Date: Name, Title ACCEPTANCE: Date: Name, Title ACCEPTANCE: Date: Kendall Minor, Utilities Executive Director (if greater than $1,000,000) ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) ACCEPTANCE: Date: Kelly DiMartino, City Manager (if greater than $1,000,000) ATTEST: Date: City Clerk (if greater than $1,000,000) DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 18 of 113 BID SCHEDULE Insert Work Order Quote/Proposal Here DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 19 of 113 SECTION 00530 WORK ORDER NOTICE TO PROCEED NOTICE TO PROCEED DATE: WORK ORDER TITLE: WORK ORDER NUMBER: TO: BLS Electrical, Inc. Attn: Christopher Hartenstein 601 Gyrfalcon Ct. Unit B Windsor, CO 80550 This notice is to advise you: That the Work Order and all amendments and supplements to the Work Order Documents covering the above described Work have been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance and Payment Bonds and insurance have been received by the OWNER. That the OWNER has approved the said Work Order and Work Order Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Work Order and the AGREEMENT. The dates for Substantial Completion and Final Acceptance shall be , and , respectively. Dated this _____________ day of ___________, _____. CITY OF FORT COLLINS (OWNER) By: Name, Title ACKNOWLEDGMENT OF NOTICE Receipt of the above Work Order Notice to Proceed is hereby acknowledged this Day day of Month, Year. (CONTRACTOR) By: ___________________________________________ Name, Title DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 20 of 113 SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00651 Lien Waiver Release (SUBCONTRACTOR/SUBCONSULTANT) 00660 Consent of Surety 00670 Application for Exemption Certificate DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 21 of 113 SECTION 00610 PERFORMANCE BOND Bond No KNOW ALL MEN BY THESE PRESENTS: that BLS Electrical, Inc. 601 Gyrfalcon Ct. Unit B Windsor, CO 80550 a Corporation, hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Master Agreement with the OWNER, dated the 10th of May 2023, a copy of which is hereto attached and made a part hereof, for the performance of The City of Fort Collins Work Order, titled Work Order Project Title, Work Order Number PM's Tracking #, dated Work Order Date, a copy of which is hereto attached and made a part hereof. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Work Order and Master Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Work Order and Master Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Work Order and Master Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Work Order and Master Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 22 of 113 IN WITNESS WHEREOF, this instrument is executed, each one of which shall be deemed an original, this _________ day of , _________. IN PRESENCE OF: Principal (Title) (Title) (Corporate Seal) (Address) IN PRESENCE OF: Other Partners ___________________________________ By: _____________________________ By: IN PRESENCE OF: Surety _____________________________ By: ___________________________________ (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Work Order. If CONTRACTOR is Partnership, all partners should execute Bond. DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 23 of 113 SECTION 00615 PAYMENT BOND Bond No KNOW ALL MEN BY THESE PRESENTS: that BLS Electrical, Inc. 601 Gyrfalcon Ct. Unit B Windsor, CO 80550 a Corporation, hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Master Agreement with the OWNER, dated the 10th of May 2023, a copy of which is hereto attached and made a part hereof, for the performance of The City of Fort Collins Work Order, titled Work Order Project Title, Work Order Number PM's Tracking #, dated Work Order Date, a copy of which is hereto attached and made a part hereof. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors/subconsultants, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Work Order and Master Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor/subconsultant or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Work Order and Master Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Work Order and Master Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 24 of 113 IN WITNESS WHEREOF, this instrument is executed, each one of which shall be deemed an original, this _________ day of , _________. IN PRESENCE OF: Principal (Title) (Title) (Corporate Seal) (Address) IN PRESENCE OF: Other Partners _____________________________ By: ___________________________________ By: IN PRESENCE OF: Surety _____________________________ By: ___________________________________ (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Work Order. If CONTRACTOR is Partnership, all partners should execute Bond. DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 25 of 113 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall submit Certificate of Insurance in compliance with the Work Order Documents. DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 26 of 113 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) PROJECT TITLE: DATE OF SUBSTANTIAL COMPLETION: LOCATION: Fort Collins, Colorado OWNER: City of Fort Collins PROJECT OR SPECIFIED PART SHALL CONTRACTOR: INCLUDE: WORK ORDER DATE: The Work performed under this Work Order, pursuant to the Work Order Documents, has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Work Order Documents. _____________________________ By: __________________________ ________ PROJECT MANAGER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. _____________________________ By: __________________________ ________ CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Work Order Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS ________ By: __________________________ ________ OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: _________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 27 of 113 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE DATE: TO: You are hereby notified that on the Day day of Month, Year, the City of Fort Collins, Colorado, has accepted the Work completed by BLS Electrical, Inc., for the City of Fort Collins Work Order, titled Project Title, Work Order Number PM's Tracking #. Your continuing obligations and guarantees for the Project will be as provided in the Work Order and Work Order Documents. Sincerely, City of Fort Collins OWNER By: ___________________________________________ ___________________________________________ Name, Title DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 28 of 113 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: BLS Electrical, Inc. (CONTRACTOR) WORK ORDER TITLE: WORK ORDER NUMBER: 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill, and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various subcontractors/subconsultants or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR's subcontractors/subconsultants, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorney’s fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes an adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 29 of 113 Signed this ______ day of __________, ___. CONTRACTOR: BLS Electrical, Inc. By: ___________________________________________ ___________________________________________ Name, Title ATTEST: _____________________________ Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this _________ day of __________, _____, by ________________________________________________________________. Witness my hand and official seal. My Commission Expires: ___________________________. _________________________ Notary Public DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 30 of 113 SECTION 00650 LIEN WAIVER RELEASE (SUBCONTRACTOR/SUBCONSULTANT) TO: City of Fort Collins, Colorado (OWNER) FROM: Company Name (SUBCONTRACTOR) WORK ORDER TITLE: WORK ORDER NUMBER: 1. The subcontractor/subconsultant acknowledges having received payment from the CONTRACTOR for all work, labor, skill, and material furnished, delivered and performed by the subcontractor/subconsultant for the CONTRACTOR or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the subcontractor/subconsultant voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the subcontractor/subconsultant may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the CONTRACTOR or its officers, agents, employees or assigns, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The subcontractor/subconsultant affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the subcontractor/subconsultant or its agents, employees, and servants, or by and through the subcontractor/subconsultant by various sub-subcontractors/subconsultants or materialmen or their agents, employees and servants, and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or against the CONTRACTOR or its officers, agents, employees or assigns arising out of the project. 4. The subcontractor/subconsultant agrees to defend and hold harmless the CONTRACTOR, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the subcontractor/subconsultant's sub-subcontractors/subconsultants, materialmen, employees, servants, agents or assigns against the project or against the CONTRACTOR or OWNER, lender or Surety or their officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorney’s fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes an adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for th e benefit of and DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 31 of 113 may be relied upon by the CONTRACTOR, OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this ______ day of _________, ___. SUBCONTRACTOR/SUBCONSULTANT: By: ___________________________________________ ___________________________________________ Name, Title ATTEST: _____________________________ Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this _________ day of __________, _____, by __________________________________________________________________. Witness my hand and official seal. My Commission Expires: ___________________________. __________________________________ Notary Public DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 32 of 113 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: BLS Electrical, Inc. TITLE: WORK ORDER NUMBER: WORK ORDER DATE: In accordance with the provisions of the Work Order and Master Agreement between the OWNER and the CONTRACTOR as indicated above, for the Work Order titled Work Order Project Title on bond of , (Surety) _______________________________________ hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this _________ day of , _____. ____________________________________________ (Surety Company) By: ________________________________________ (Name) Attorney-in-Fact ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 33 of 113 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 34 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 35 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 36 of 113 SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-1.38 Definitions A. Add the following language to the conclusion of paragraph 1.38 of the General Conditions: Substantial Completion. .... Substantial Completion is further defined as that degree of completion of the operating facilities or systems of the Project defined in the Work Order sufficient to provide the OWNER the full time, uninterrupted, continuous, beneficial operation of the modifications, and all inspections required have been completed and identified conditions corrected. SC-1.43 Work Order A. Add the following new paragraph immediately after paragraph 1.43 of the General Conditions: 1.43 Work Order--A written document executed by OWNER and CONTRACTOR that provides for the construction of a portion of the Work, pursuant to the Agreement and all as required by the Contract Documents, and that becomes a Contract Document when executed. SC-2.8 Preliminary Matters A. Delete paragraph 2.8 of the General Conditions entirely and replace it with the following paragraph: Preconstruction Conference. Within ten days after the Contract Times for a Work Order start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working relationship among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. SC-2.10 Work Order A. Add the following new paragraph immediately after paragraph 2.9 of the General Conditions: 2.10 Work Order Required for All Work. References to the Agreement in this Article 2 and in the General and Supplementary Conditions and Contract Documents notwithstanding, no Work shall be initiated or performed until CONTRACTOR has received a signed and executed Work Order, DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 37 of 113 incorporating the Notice to Proceed, from OWNER; and no provision of this Article 2 or of the General and Supplementary Conditions and Contract Documents shall permit or require any action of CONTRACTOR in the absence of a signed and executed Work Order. All provisions of this Article 2 and of the General and Supplementary Conditions and Contract Documents referencing the Agreement or other parts of the Contract Documents, or permitting or requiring any action of CONTRACTOR, shall be read as referencing and, as appropriate, requiring a signed and executed Work Order. SC-4.2 Subsurface and Physical Conditions: A. Add the following language to paragraph 4.2.1 of the General Conditions. 4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work: [Report Title, Report #, Author, Date] Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: [Report Title, Report #, Author, Date] SC-5.4.7 Additional Insureds. Include the following parties or entities as additional insureds, as provided in paragraph 5.4.7 of the General Conditions: 5.4.7.1 City of Fort Collins, PO Box 580, Fort Collins, Colorado 80522 5.4.7.2 [Other Party Name, Address, City, State, Zip] SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 38 of 113 Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-6.14.3 Contractors Responsibilities A. Add the following new paragraph immediately after paragraph 6.14.2 of the General Conditions: 6.14.3. The following Laws or Regulations are included in the Contract Documents as mandated by statute or for the convenience of the CONTRACTOR. Other Laws and Regulations apply which are not included herein, and are within the CONTRACTOR's duty and responsibility for compliance thereto: 6.14.3.1 Notice to owners of Underground Facilities is required prior to excavations in the vicinity of such facilities. 6.14.3.2 Unless otherwise decided by reason of the amount of the Contract Price involved, or other good reason, before or at the time that the contract is awarded to a corporation outside the State of Colorado, such corporation must carry out the proper procedure to become authorized to do business in the State of Colorado, designate a place of business therein, and appoint an agent for service of process. Such corporation must furnish the OWNER with a certificate from the Secretary of State of Colorado has been issued by its office and there shall also be procured from the Colorado Secretary of State of photostatic or certified copy of the designated of place of business and appointment of agent for service of process, or a letter from the Colorado Secretary of State that such designation of place of business and agent for service of process have been made. 6.14.3.3 The CONTRACTOR must conform to the rules and regulations of the Industrial Commission of Colorado. Particular reference is made to rules and regulations governing excavation Work adopted by the Industrial Commission of Colorado. SC-8.10 OWNER’s Project Manager A. Add the following language to ARTICLE 8: DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 39 of 113 8.10. The OWNER will provide a Project Manager. The CONTRACTOR shall direct all questions concerning Contract interpretation, Change Orders, and other requests for clarification or instruction to the Project Manager. 8.10.1 Authority: The Project Manager will be the OWNER's representative during the construction of the project. The Project Manager shall have the authority set forth in the OWNER's Capital Project Procedures Manual. The Project Manager shall have the authority to reject work and materials whenever such rejection may be necessary to ensure the proper performance of the Work in accordance with the Contract Documents. 8.10.2 Duties and Responsibilities: The Project Manager will make periodic visits to the project site to observe the progress and quality of the Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Project Manager shall not be required to make comprehensive or continuous inspections to check the progress or quality of the Work. The Project Manager shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions or programs in connection with the Work, or for any failure of the Contractor to comply with laws and regulation applicable to the performance or furnishing of the Work. Visits and observations made by the Project Manager shall not relieve the CONTRACTOR of his obligation to conduct comprehensive inspections of the Work, to furnish materials and perform acceptable Work, and to provide adequate safety precautions in conformance with the Contract Documents. The Project Manager shall at all times have access to the Work. The CONTRACTOR shall provide facilities for such access so the Project Manager may perform his or her functions under the Contract Documents. 8.10.3 One or more Resident Construction Inspector(s) (RCI) may be assigned to assist the Project Manager in providing observation of the Work, to determine whether or not the Work is proceeding according to the construction documents. CONTRACTOR will receive written notification from the OWNER of any RCI assignments. The RCI shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. The RCI will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. The RCI's dealings in matters pertaining to the on-site work will be to keep the Project Manager properly apprised about such matters. 8.10.4 Communications: All instructions, approvals, and decisions of the Project Manager shall be in writing. The CONTRACTOR may not DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 40 of 113 rely on instructions, approvals, or decisions of the Project Manager until the same are reduced to writing. SC-11.6.2 Change of Contract Price A. Add the following new paragraph to paragraph 11.6.2 of the General Conditions: 11.6.2.7. Cost of the Work. Allowances for profit, overhead and mark-up prescribed by Article 4 of the Agreement shall be used in lieu of any CONTRACTOR'S fee, overhead, profit or mark-up allowances as prescribed in paragraphs 11.6.2.1, 11.6.2.2, and 11.6.2.3. SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule ( ) days lost due to abnormal weather conditions. SC-13.12 Correction Period: 13.12.1 If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, and Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER’s written instructions . . . DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 41 of 113 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Change Order 00960 Application for Payment DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 42 of 113 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: CONTRACTOR: BLS Electrical, Inc. WORK ORDER NUMBER: PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide description of the changes to the Work 3. Change in Work Order Price: 4. Change in Work Order Time: ORIGINAL WORK ORDER PRICE $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL WORK ORDER % ADJUSTED WORK ORDER COST $ .00 CONTRACTOR: BLS Electrical, Inc. By: Date: Name: Title: ACCEPTED: Date: City PM Name, Title REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTED: Date: Name, Title ACCEPTED: Date: Gerry Paul, Purchasing Director (if greater than $60,000) DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP/BID [# and Title] Page 43 of 113 SECTION 00960 APPLICATION FOR PAYMENT PROJECT Page 1 of 1 OWNER: ENGINEERS: ADDRESS: NUMBER DATE AMOUNT -$ -$ -$ NUMBER DATE AMOUNT FUND OBJECT Amount Due this Pay Application (before retainage): -$ -$ 0.00% Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. BY:DATE:DATE: NAME & TITLE: BY:DATE: NAME & TITLE:Official Purchasing Form Last updated 10/2017 Net Change by Change Order: Change order %: Original Contract Amount Net Change by Change Order Revised Current Contract Amount Total Work Completed to Date: Total Stored to Date: CHANGE ORDERS PAY APPLICATION Application is made for Payment as shown below in connection with the Contract. The present status of the account for this Contract is as follows: CONTRACTOR: -$ -$ RETAINAGE Charge Numbers-$ -$ -$ Less Previous Payments: Total Completed and Stored Materials to Date: Less Retainage -$ -$ -$ AMOUNT DUE THIS APPLICATION:-$ The above Amount Due this Application is requested by the CONTRACTOR's Project Manager. BY: PO NUMBER ADDRESS: ADDRESS: APPLICATION NUMBER APPLICATION DATE PERIOD BEGINNING PERIOD ENDING PROJECT NUMBER Retainage to Date: NAME & TITLE: Total (after retainage): Payment of the above Amount Due This Application is approved by the OWNER. The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the WORK have been satisfied as required in paragraph 14.3 of the General Conditions of the Contract. CERTIFICATION BU SCOPE OF WORK CHANGE ORDERS RECONCILIATION CHANGE ORDERS INVOICE NUMBER Total Change Order Work to Date: -$ -$ Retainage Previous: Change in Retainage: DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP/BID [# and Title] Page 44 of 113 Unit Price Total Quanitity Total Quantity Total Quantity Total 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -$ -$ -$ -$ -$ 0.00% -$ -$ -$ -$ -$ 0.00% Official Purchasing Form Last Updated 10/2017 Total to Date Less Retention Change Orders to Date (see attached) -$ -$ CONTRACT SUMMARY Total Due Adjusted Contract Amount -$ Total Change Order Work to Date (see attached) Value of Work in Place Percent Complete Including Stored Materials Less Retention @ 10% up to 50% complete, 5% beyond 50% of Adjusted Contract Crosscheck Total Completed to Date Total Materials Remaining @ Site -$ -$ -$ Original Contract Amount Less Previous Billings -$ -$ -$ -$ -$ -$ Combined Total Completed to Date Total Contract Amount Total This Period Previous Billings Balance Remaining Percent Complete PAY REQUEST Item #Description Quantity Cost Remaining Percent CompleteUOMContract Summary This Period Previous Total to Date Period Ending: DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 45 of 113 ATTACHMENT A DRAWING INDEX WORK ORDER # WORK ORDER TITLE BY: Company Name who last revised the drawings Sheet Title Drawing Revision Date DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 46 of 113 EXHIBIT C CHANGE ORDER NO. PROJECT TITLE: CONTRACTOR: BLS Electrical, Inc. WORK ORDER NUMBER: PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide details of the changes to the Work 3. Change in Work Order Price: 4. Change in Work Order Time: ORIGINAL WORK ORDER PRICE $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL WORK ORDER % ADJUSTED WORK ORDER COST $ .00 CONTRACTOR: BLS Electrical, Inc. By: Date: Name: Title: ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Name, Title ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 47 of 113 EXHIBIT D GENERAL SCOPE OF SERVICES I. BACKGROUND & OBJECTIVE A. Objective The City of Fort Collins solicited proposals for experienced electrical contractors to provide electric services for Light & Power on an as-needed basis for neighborhood conversions, annexations, electric system improvement projects and emergency meter enclosure change outs and intends to award to three (3) firms. The primary use of these services will be in the areas of minor capital improvements, replacement maintenance, emergency repair services and other general electrical services related to Light & Power’s electric services. B. Background Fort Collins is a vibrant community of approximately 168,000 located 65 miles north of Denver, at the base of the foothills of the Rocky Mountains. The City is 57 square miles in size and is the northern extension of the “Colorado Front Range” urban corridor. The City’s population includes over 37,000 college students. City of Fort Collins Utilities (Utilities) is a municipal community-owned utility that provides electric, water, wastewater, and stormwater services to approximately 87,000 residential and commercial customers. More information about Fort Collins Utilities can be found at fcgov.com/utilities. The City of Fort Collins Utilities Light & Power Organization (LPO) designs and operates the City’s electric infrastructure to homes and businesses. LPO covers approximately fifty -five square miles with 99% underground and approximately 1,851 miles of distribution lines. Areas of the city have electric infrastructure installed in the rear lot of neighborhood subdivisions with infrastructure that is approaching the end of its service lifespan. LPO re -installs the new electric infrastructure in the front lot for operation and maintenance purposes. When LPO annexes a territory that has existing overhead power lines, our normal procedure is to immediately underground the electric system as we take over the service from PVREA or Xcel. II. SCOPE OF PROPOSAL A. Scope of Work The awarded Contractors will support a range of electrical services and projects. During the term of this contract, the City may have projects that are scheduled and pre‐arranged, but there may also be unanticipated and emergency requests needing immediate response. Some potential projects may include, but are not limited to the following: • Backyard to front or overhead to underground conversions: These projects require walking the project with L&P personnel to create a plan to either re-feed the electric meter or move the electric meter from the backyard pedestal to the house. This involves coordinating and communicating the project to the customer. If the meter location moves, this will require a new feeder to the breaker panel. In some cases, L&P will need you to contact each homeowner and locate their breaker panel within the building DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 48 of 113 and create a plan to re-feed the breaker panel. Meter enclosure change outs are commonly needed if the existing enclosure is not up to current Electric Service Standards. This work is not limited to residential, commercial customers also fall into this scope of work. • Emergency electric meter change outs: This service is most often needed when L&P’s service conduit and wire has settled and creates the need for an immediate meter enclosure changeout. • Investigating customers electrical equipment: On occasion, L&P changes customer source voltage from a delta configuration to wye. This scope entails verification that existing equipment is rated for the conversion. May need to remove illegal taps from the meters. The Contractors may occasionally be required to perform emergency work on weekends and outside normal business hours of 7:00 am to 5:00 pm, Monday through Friday. Meters are supplied by the City. All other items are to be supplied by the Contractor. Contractor shall furnish all equipment (ladders, test equipment, backhoes, etc.) required to perform the work safely and shall not utilize any City equipment. B. Property Owners/Customers The City has a responsibility to coordinate construction activities with the property owners and customers and expects to work with the Contractor in this capacity, with the Contractor taking the lead with the property owners/customers. The Contractor will be expected to notify affected property owners and tenants at least 24 hours in advance of starting work at a given property. Various methods may be used at the discretion of the Project Manager (PM) including door hangers, telephone contact, and on-site meetings with customers. The Contractor may have to reschedule work based on requests from a property owner or tenant, deal with complaints, and perform follow-up work to the satisfaction of the City and its customers. Because the Contractor will be working on customer properties and around customer’ homes, they must maintain the cleanliness of the job site to the greatest extent possible. All trash and construction debris must be removed daily and the area restored to as near original condition as quickly as possible. Citizen’s property that is not included in the work order and damaged during the course of the work order will be the responsibility of the Contractor to repair. C. Communication The City will provide one PM as a point of contact for the services to be provided. It is expected that the Contractor provide one contact as well. Communication between the two will be expected on a weekly basis at the beginning of the agreement. As mutually agreed upon, the two parties may reduce the frequency of these communications. Contractor must read and write the English language to enable them to maintain a daily log of events and to converse with the public while working. Fluency is Spanish is also desirable. D. Project Contact DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 49 of 113 The Contractor will be expected to provide a primary and a back-up contact person for all work orders. Both the primary and back-up contact will be involved in the following: agreement on the work to be performed, work schedules, construction details, making contact with customers, settling disputes, site inspections, work acceptance, change orders, and other issues. E. Background Checks The awarded firm will be required to facilitate, prior to acceptance of employment, background screening of all employees at vendor’s expense. In the event that a background check raises questions about the trustworthiness, fitness for provision of services under this Agreement, competence or suitability of any individual working with members of the general public, such individual shall not be employed in connection with the services or activities required. Violation of this specification will be grounds to terminate services. The City reserves the right to request from Contractor, and review background checks for individuals assigned to provide services under this Agreement. The City reserves the right, at its discretion, to preclude any manager, supervisor or employee from providing services under this contract. F. Inspections The PM, City Inspector and others may make periodic visits to the project site to observe the progress and quality of the Work and to determine, in general, if the Work is proceeding in accordance with the Agreement. Visits and observations made by the PM shall not relieve the Contractor of his obligation to conduct comprehensive inspections of the Work, to furnish materials (if required) and perform acceptable Work, and to provide adequate safety precautions in conformance with the Contract Documents. G. Minimum Qualifications Contractor must be a licensed master electrician and hold a contractor’s license registered with the State of Colorado. Those performing work must be a licensed Apprentice or Journeyman at minimum and a licensed Journeyman must always be on site if an Apprentice is performing work, per the regulations of State and local requirements. H. Subcontractors Use of subcontractors for the electrical conversion work is not allowed. Contractors may subcontract obtaining private locates, dirt work, etc. I. Fees, Licenses, Permits The successful Contractors 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. J. Utility Agreement Requirements Work Orders for as-needed services will be awarded from this Agreement for small capital projects no greater than $300,000. The Agreements may also be utilized to support emergency repairs up to $100,000. Work Orders will be awarded on a no t to exceed time and materials basis, paid according to unit costs. DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 50 of 113 Utilities has established a maximum annual price increase. At the annual renewal, pricing on each agreement may be escalated no more than three percent (3%) per year. No greater than seven and one-half percent (7.5%) markup will be allowed on rental items, materials or subcontractors. Overhead, profit, insurance, bonds, general & administrative expenses shall be included in the line items of the Unit Pricing Sheet. The City intends to rotate projects amongst the three firms awarded agreements but reserves the right to request proposals for individual projects from the pool of awarded Contractors or assign Work Orders directly to a Contractor at its sole discretion. Work Orders will be created for each individual project, from start to finish, no phasing. See the Work Order section below for more detail. The awarded Contractors will be responsible for the professional quality, technical accuracy, and the coordination of all services provided. K. Work Order Procedures Each project will utilize the City’s Work Order form, included in the Agreement, which refers back to Service Agreement terms and conditions. The City’s PM will initiate the Work Order quote by providing the Contractor with all the pertinent information required, and available, to accurately estimate the project. A site visit, drawings, and other additional information may be provided to the Contractor to assist in the quote process. For some projects the Contractor may work with the City’s third party and/or staff engineer(s) and project team during design. The Contractor shall provide all personnel, and equipment necessary to complete the requested Work. Once a job walk is completed, the Contractor shall provide the PM with a list of the materials and supplies required to complete the work. The PM will then send the list to a supplier requesting that the items be pulled, bundled, and charged to the City’s account. The Contractor will then be responsible for picking the items up at the supplier’s facility. Should item(s) be needed during the Work that was not considered previously, then the PM is to contact the supplier to order the item, charging it to the City account. The PM and the Contractor will decide who is to pick up the item(s). If the supplier doesn’t have the item(s) needed in stock, it is acceptable to use the Contractor’s inventory in order to keep the project moving towards completion. Work Order pricing shall be based on the Bid Schedule provided by the Contractor during the RFP process and incorporated into the Master Agreement. In the event a service is requested which requires specialty labor or equipment which is not listed in the Master Agreement Bid Schedule, the Contractor and the City will negotiate an appropriate unit price for the service prior to the Contractor initiating work. All pricing is to be on a not to exceed, time and materials unit cost basis. Each Work Order will include a start and completion date, total cost with detail supporting the total cost, Contractor’s quote (number of hours and hourly rates included), and a general summary of Work. Supporting documentation could include, but is not limited to, the project schedule, deliverables, cost details supporting total project cost to include hourly labor rates, equipment rates, material quotes as required, and subcontractor quotes as required. Estimated rental equipment costs and hours should be included in Work Orders as necessary. Invoice/payment applications are to be itemized based on the actual equipment used. DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 51 of 113 No Work Order will be considered valid until signed, at a minimum, by the Contractor, PM, and Purchasing Department representative. Depending upon the cost and nature of the Work, additional signature authorization may be required. Any changes to the dates, cost, or scope of any Work Order must be agreed upon in writing utilizing the City’s Change Order (included in the sample agreement) and will not be considered valid until signed, at a minimum, by the Contractor, PM, and Purchasing Department representative. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will be requested as a result of this RFP. As detailed in the sample agreement, Construction Work Orders greater than $100,000 require 100% performance and payment bonds. In addition, prior to Substantial Completion, the City will withhold as contract retainage five percent (5%) of each progress payment. Liquidated damages may also apply on a project-by-project basis. L. Standard of Conduct The firm shall be responsible for maintaining satisfactory standards of employees' competency, conduct, courtesy, appearance, honesty, and integrity, and shall be responsible for taking such disciplinary action with respect to any employee, as may be necessary. The City may request the Contractor to immediately remove from this assignment any employee the City identifies to be unfit to perform duties due to one or more of the following reasons: 1. Neglect of duty. 2. Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions or fighting. 3. Theft, vandalism, immoral conduct or any other criminal action. 4. Selling, consuming, possessing, or being under the influence of intoxicants, including alcohol, or illegal substances while on assignment for the City. 5. Acting in an unsafe manner 6. All City owned or operated facilities and their grounds are non-smoking sites. All City parks, trails and natural areas are also non-smoking. Agents and employees of Contractor(s) working for the City shall present a clean and neat appearance. Prior to performing any work for the City, Contractor(s) shall require each of their employees to wear ID badges or uniforms identifying: Contractor by name, the first name of their employee and a photograph of their employee if using an ID badge. Employees shall wear or attach the ID badge to the outer garments at all times. M. Work 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. The awarded Contractor shall comply with the National Electrical Code (NEC), the National DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 52 of 113 Electric Safety Code (NESC), and applicable industry standards, the most recent revision of the Americans with Disabilities Act of 1990 (“ADA”) Standards for Accessible Design, separate from and in addition to compliance with applicable building codes, as well as any and all other applicable Federal, State and local laws and regulations, including Federal Occupational Safety and Health Administration (OSHA) regulations. Contractor is retained by the City of Fort Collins based on Contractor’s expertise and experience in the type of work that is the subject of this Contract. Contractor represents and warrants that Contractor is familiar with the aforementioned Codes. Construction methods and techniques used by the Contractor shall be in accordance with the recommended practices and procedures published by leading industry manufacturers and trade associations. The Contractor shall also follow all applicable City of Fort Collins and State of Colorado Department of Transportation Standard Specifications and Construction Details, as applicable. City of Fort Collins Electric Service Standards can be found at https://www.fcgov.com/utilities/img/site_specific/uploads/electricservicestandards.pdf?1645 038437. The Contractor shall be aware of all standards and their application. Ignorance or lack of knowledge shall not be an excuse for improper work to occur. Any work constructed in violation of any applicable code shall be corrected and re -installed properly at the Contractor’s expense. N. Accident Reporting Any incident/accident resulting in damage to property or causing personal injury within the limits of a work site shall be immediately reported to the appropriate police agency, other required agencies, City Project Representative and the City of Fort Collins Risk Management Department. The Contractor shall immediately contact the Utility Operator/Owner and the City of Fort Collins when damage to an underground facility is identified. If a natural or propane gas line is damaged, the Contractor must call 911 prior to notifying the Utility Operator. The Contractor shall not backfill around the underground utility line until the Utility Operator has repaired the damage and has given clearance to backfill. The City of Fort Collins will not pay the Contractor for labor, vehicles, material, or equipment or any other cost associated with the repair to any at-fault damage. Failure to comply may result in a verbal warning, suspension of the crew, loss of work, and/or termination of the Agreement. O. Safety Practices, Safety Documentation and Training Contractor shall comply with all engineering, safety, and operating requirements concerning installation of equipment in, on or around utility facilities; obtaining access facilities; and adhering to operating rules and requirements involving safe contact with utility equipment and water, gas and power lines, and confined spaces. Contractor shall adopt Utility's minimum safety standards as the baseline requirements. Perform all work in a safe manner utilizing appropriate Personal Protective Equipment (PPE) and safe practices. P. Unsatisfactory Operations Should it be necessary to halt the work because of incorrect or unsatisfactory operations under the terms of the awarded contract or because of failure to follow safety standards applicable DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 53 of 113 hereto, the Contractor must take immediate steps to remedy the deficiencies. Should repair or correction of any safety defect or deficiency not be immediately undertaken and should the City of Fort Collins be required to protect the site or make the repair or correction, the cost of such work shall be deducted from payment due the Contractor. DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 54 of 113 EXHIBIT E BID SCHEDULE/COMPENSATION The following pricing shall remain fixed for the initial term of this Agreement. Any applicable price adjustments may only be negotiated and agreed to in writing at the time of renewal. DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 55 of 113 EXHIBIT F INSURANCE REQUIREMENTS The Contractor 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 Contractor shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies. 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 Contractor, 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 Contractor under this Agreement. Insurance certificates should show the certificate holder as follows: City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 The City, its officers, agents and employees shall be named as additional insureds on the Contractor 's general liability and automobile liability insurance policies by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Contractor shall maintain during the life of this Agreement for all of the Contractor's employees engaged in work performed under this agreement. Workers' Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $50 0,000 disease aggregate, and $100,000 disease each employee, or as required by Colorado law. B. General Liability. The Contractor shall maintain during the life of this Agreement such General Liability as will provide coverage for damage claims of personal i njury, 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 General Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. C. Automobile Liability. The Contractor shall maintain during the life of this Agreement such 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 Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. D. Builder’s Risk. The CONTRACTOR shall maintain during the term of this Agreement builder’s risk insurance in the amount of full insurable replacement cost. The insurance shall: DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 56 of 113 Be written on a builder’s risk “all risk” policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; earthquake and other earth movement; flood; collapse; explosion; debris removal; demolition; and water damage (other than that caused by flood). Cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including OWNER-furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures E. Subcontractors. In the event any work is performed by a subcontractor, the CONTRACTOR 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. F. Primary Coverage. For any claims related to the Agreement, CONTRACTOR’s insurance shall be primary coverage, and any insurance or self -insurance maintained by the OWNER, its officers, agents and employees shall be in excess of the CONTRACTOR’s insurance and shall not contribute with it. G. Waiver of Subrogation. CONTRACTOR will grant to the OWNER a waiver of any right of subrogation which any insurer of CONTRACTOR may acquire against the OWNER by virtue of any payment of any loss. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the OWNER has received a waiver of subrogation endorsement from the insurer. In the event any work is performed by a subcontractor/subconsultant, the Contractor shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor/subconsultant, which liability is not covered by the subcontractor/subconsultant's insurance. DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 57 of 113 EXHIBIT G CONFIDENTIALITY IN CONNECTION WITH THE SERVICES to be provided by Contractor under this Agreement, the parties agree to comply with reasonable policies and procedures with regard to the exchange and handling of confidential information and other sensitive materials between the parties, as set forth below. 1. Definitions. For purposes of this Agreement, the party who owns the confidential information and is disclosing same shall be referenced as the “Disclosing Party.” The party receiving the Disclosing Party’s confidential information shall be referenced as the “Receiving Party.” 2. Confidential Information. Confidential Information controlled by this Agreement refers to information which is not public and/or is proprietary and includes by way of example, but without limitation , City customer information, utility data, service billing records, customer equipment information, location information, network security system, business plans, formulae, processes, intellectual property, trade secrets, designs, photographs, plans, drawings, schematics, methods, specifications, samples, reports, mechanical and electronic design drawings, customer lists, financial information, studies, findings, inventions, and ideas. To the extent practical, Confidential Information shall be marked “Confidential” or “Proprietary.” Nevertheless, Contractor shall treat as Confidential Information all customer identifiable information in any form, whether or not bearing a mark of confidentiality or otherwise requested by the City, including but not limited t o account, address, billing, consumption, contact and other customer data. In the case of disclosure in non-documentary form of non-customer identifiable information, made orally or by visual inspection, the Disclosing Party shall have the right, or, if requested by the Receiving Party, the obligation to confirm in writing the fact and general nature of each disclosure within a reasonable time after it is made in order that it is treated as Confidential Information. Any information disclosed to the other party prior to the execution of this Agreement and related to the services for which Contractor has been engaged shall be considered in the same manner and be subject to the same treatment as the information disclosed after the execution of this Agreement with regard to protecting it as Confidential Information. 3. Use of Confidential Information. Receiving Party hereby agrees that it shall use the Confidential Information solely for the purpose of performing its obligations under this Agreement and not in any way detrimental to Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party uses with respect to its own proprietary or confidential information, which in any event shall result in a reasonable standard of care to prevent una uthorized use or disclosure of the Confidential Information. Except as otherwise provided herein, Receiving Party shall keep confidential and not disclose the Confidential Information. The City and Contractor shall cause each of their directors, officers, employees, agents, representatives, and subcontractors/subconsultants to become familiar with, and abide by, the terms of this section, which shall survive this Agreement as an on-going obligation of the Parties. Contractor shall not use such information to obtain any economic or other benefit for itself, or any third party, other than in the performance of obligations under this Agreement. 4. Exclusions from Definition. DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 58 of 113 The term “Confidential Information” as used herein does not include any data or information which is already known to the Receiving Party or which before being divulged by the Disclosing Party (1) was generally known to the public through no wrongful act of the Receiving Party; (2) has been rightfully received by the Receiving Party from a third party without restriction on disclosure and without, to the knowledge of the Receiving Party, a breach of an obligation of confidentiality; (3) has been approved for release by a written authorization by the other party hereto; or (4) has been disclosed pursuant to a requirement of a governmental agency or by operation of law. 5. Required Disclosure. If the Receiving Party is required (by interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process, or by federal, state, or local law, including without limitation, the Colorado Open Records Act) to disclose any Confidential Information, the Parties agree the Receiving Party will provide the Disclosing Party with prompt notice of such request, so the Disclosing Party may seek an appropriate protective order or waive the Receiving Party’s compliance with this Agreement. The Receiving Party shall furnish a copy of this Agreement with any disclosure. 6. Notwithstanding paragraph 5, Contractor shall not disclose Confidential Information to any person, directly or indirectly, nor use it in any way, except as required or authorized in writing by the City. 7. Red Flags Rules. Contractor 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, Contractor must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts and must as expeditiously as possible notify the City in writing of significant breeches of security or Red Flags to the City. 8. Data Protection and Data Security. In addition to the requirements of paragraph 7, Contractor shall have in place information security safeguards designed to conform to or exceed industry best practices regarding the protection of the confidentiality, integrity and availability of utility and customer information and shall have written agreements requiring any subcontractor/subconsultant to meet those standards. These information security safeguards (the “Information Security Program”) shall be materially consistent with, or more stringent than, the safeguards described in this Exhibit. a) Contractor’s information security safeguards shall address the following elements: • Data Storage, Backups and Disposal • Logical Access Control (e.g., Role-Based) • Information Classification and Handling • Secure Data Transfer (SFTP and Data Transfer Specification) • Secure Web Communications • Network and Security Monitoring • Application Development Security • Application Security Controls and Procedures (User Authentication, Security Controls, and Security Procedures, Policies and Logging) • Incident Response • Vulnerability Assessments DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 59 of 113 • Hosted Services • Personnel Security b) Subcontractors/subconsultants. Contractor may use subcontractors/subconsultants, though such activity shall not release or absolve Contractor from the obligation to satisfy all conditions of this Agreement, including the data security measures described in this Exhibit, and to require a substantially similar level of data security, appropriate to the types of services provided and Customer Data received, for any subcontractor/subconsultant Contractor may use. Accordingly, any release of data, confidential information, or failure to protect information under this Agreement by a subcontractor/subconsultant or affiliated party shall be attributed to Contractor and may be considered to be a material breach of this Agreement. 9. Confidential Information is not to be stored on any local workstation, laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable devices unless the Contractor can ensure security for the Confidential Information so stored. Work stations or laptops to be used in the Work will be required to have personal firewalls on each, as well as have current, active anti-virus definitions. 10. The Agreement not to disclose Confidential Information as set forth in this Exhibit shall apply during the term of the Work and at any time thereafter unless specifically authorized by the City in writing. 11. If Contractor breaches this Agreement, in the City’s sole discretion, the City may immediately terminate this Agreement and withdraw Contractor’s right to access Confidential Information. 12. Notwithstanding any other provision of this Agreement, all material, i.e., various physical forms of media in which Confidential Information is contained, including but not limited to writings, drawings, tapes, diskettes, prototypes or products, shall remain the sole property of the Disclosing Party and, upon request, shall be promptly returned, together with all copies thereof to the Disclosing Party. Upon such return of physical records, all digital and electronic data shall also be deleted in a non-restorable way by which it is no longer available to the Receiving Party. Written verification of the deletion (including date of deletion) is to be provided to the Disclosing Party within ten (10) days after completion of engagement, whether it be via termination, completion or otherwise. 13. Contractor acknowledges that the City may, based upon the representations made in this Agreement, disclose security information that is critical to the continued success of the City’s business. Accordingly, Contractor agrees that the City does not have an adequate remedy at law for breach of this Agreement and therefore, the City shall be entitled, as a non -exclusive remedy, and in addition to an action for damages, to seek and obtain an injunction or decree of specific performance or any other remedy, from a court of competent jurisdiction to enjoin or remedy any violation of this Agreement. DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 60 of 113 EXHIBIT H SECTION 00700 GENERAL CONDITIONS DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 61 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 62 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 63 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 64 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 65 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 66 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 67 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 68 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 69 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 70 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 71 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 72 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 73 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 74 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 75 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 76 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 77 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 78 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 79 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 80 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 81 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 82 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 83 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 84 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 85 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 86 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 87 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 88 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 89 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 90 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 91 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 92 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 93 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 94 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 95 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 96 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 97 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 98 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 99 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 100 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 101 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 102 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 103 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 104 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 105 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 106 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 107 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 108 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 109 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 110 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 111 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 112 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 Services Agreement – Work Order Type - Utilities RFP 9741 Electrical Contractor Services for City of Fort Collins Light & Power Page 113 of 113 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 7/25/2023 McAnally Wilkins Inc. PO Box 60810 Midland TX 79711 Leah Borrego 432-685-9317 432-685-9399 leah@mcanallywilkins.com License#:15714884 Berkley National Insurance Co 38911 BLACLAB-01 RLI Insurance Co 13056BLSElectrical,Inc. 629 Gyrfalcon Court Unit A Windsor CO 80550 406339238 A X 1,000,000 X 100,000 X S&A Pollution 5,000 1,000,000 2,000,000 X EGL003125814 12/19/2022 12/19/2023 2,000,000 Pollution Liability Included A 1,000,000 X X X X CA9948 X MCS90 ECA 3151772-14 12/19/2022 12/19/2023 A X X 10,000,000EUL00312591412/19/2022 12/19/2023 10,000,000 X 10,000 A XEWC3159958-12 12/19/2022 12/19/2023 Incl.Stop Gap 1,000,000 1,000,000 1,000,000 B Leased/Rented Equipment Installation Floater ILM0711656 12/19/2022 12/19/2023 Per Item/Per Occurren Limit/Deductible $250K/$250K $250,000/$1,000 All policies except Workers'Compensation include a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status.All policies include a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it.Policies certified contain 30-day notice of cancellation.The General Liability policy includes a special endorsement that contains “primary &non-contributory”wording. Certificate Holder is loss payee with regards to rented/leased equipment as their interest may appear. City of Fort Collins Purchasing Division P O Box 580 Fort Collins CO 80522 DocuSign Envelope ID: 336E8D6B-9B77-49AA-A430-D3BBAF6EBD01