HomeMy WebLinkAboutRFP - 9966 Riverside Community Solar Inverter Replacement
RFP 9966 Riverside Community Solar Inverter Replacement
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REQUEST FOR PROPOSAL
9966 RIVERSIDE COMMUNITY SOLAR INVERTER REPLACEMENT
RFP DUE: 3:00 PM MT (Mountain Time), April 22, 2024
The City of Fort Collins (City) is requesting proposals from qualified Service Providers to provide
a comprehensive plan for the replacement of the existing solar inverter at the Riverside
Community Solar Project site.
As part of the City’s commitment to sustainability, proposals must be submitted online through
the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-
of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals
not submitted by the designated Opening Date and Time will not be accepted by RMEPS.
A pre-proposal site walk will be held at 2:30 PM MT on April 3, 2024 at the Riverside
Community Solar site (NE corner of Mulberry St. and Riverside Ave.), which is located within the
boundaries of the Mulberry Water Reclamation Facility (MWRF) at 918 E Mulberry St. Fort Collins,
CO 80524. The Riverside Community Solar site is located just west of the MWRF main entrance
at 910 East Mulberry St. Please see Exhibit 5, Site Map for further details. While this is not a
mandatory event, the City highly encourages potential proposers to attend.
Directions:
Traveling west on Mulberry, turn right into driveway (just before the intersection of Mulberry St
and Riverside Ave. and highlighted yellow within Exhibit 5). There will be a gate and a call box,
please press the button on the call box to be permitted entrance. Once through the first gate
continue driving north. There will be a slight left hand turn which leads to the main gate into the
Riverside Community Solar site requiring you to drive over the curb to continue up the driveway.
Please park where you can within the solar site, no parking on the main road which leads to the
MWRF will be permitted.
Any questions regarding site location or directions, the day of the site walk, can be directed to
Senior Buyer J.D. McCune at 970-581-7102.
All questions should be submitted, in writing via email, to J.D. McCune, Senior Buyer at
jmccune@fcgov.com, no later than 3:00 PM MT on April 10, 2024. Please format your e-mail
to include: RFP 9966 Riverside Community Solar Inverter Replacement in the subject line.
Questions received after this deadline may not be answered. Responses to all questions
submitted before the deadline will be addressed in an addendum and posted on the Rocky
Mountain E-Purchasing System webpage.
Rocky Mountain E-Purchasing System hosted by BidNet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
RFP 9966 Riverside Community Solar Inverter Replacement
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entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded
full and fair opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages
in protected activity. Protected activity includes an employee complaining that he or she has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The City requires its Service Providers 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 Service Providers and their subcontractors/subconsultants at every tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to
public disclosure by the City pursuant to CORA and City ordinances. Service Providers may
submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this
version of the proposal, Service Providers may redact text and/or data that it deems confidential
or proprietary pursuant to CORA. Failure to provide a public viewing copy will be considered a
waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal
or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement
does not necessarily exempt such documentation from public disclosure if required by CORA, by
order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA trade
secrets, confidential commercial and financial data information is not required to be disclosed by
the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By
responding to this RFP, Service Providers hereby waives any and all claims for damages against
the City for the City’s good faith compliance with CORA. All provisions of any contract
resulting from this request for proposal will be public information.
Service Provider Registration: The City requires new Service Providers receiving awards from
the City to submit IRS form W-9 and requires all Service Providers to accept Direct Deposit
(Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form
can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor
Reference Documents. Please do not submit these documents with your proposal, however,
if you take exception to participating in Direct Deposit (Electronic) payments please clearly note
such in your proposal as an exception. The City may waive the requirement to participate in
Direct Deposit (Electronic) payments at its sole discretion.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
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gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Service Provider shall be required to sign the City’s Agreement prior to commencing
services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
RFP 9966 Riverside Community Solar Inverter Replacement
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I. BACKGROUND & OBJECTIVE
A. Objective
The City of Fort Collins (City) is requesting proposals from qualified Service Providers to
provide a comprehensive plan for the replacement of the existing Schneider Xantrex
GT500-480 inverter at the Riverside Community Solar Project site. The City is seeking a
turn-key solution with a single Service Provider or a team of Service Providers to provide
design and installation services to accomplish the project.
B. Background
The Riverside Project was developed in 2015 by Clean Energy Collective (CEC) in
compliance with NEC 2014. CEC owned and operated the Riverside Project until
December 2020, at which time it was purchased by the City. The Riverside Project
reliably operated with few unplanned outages until August 2023, when the inverter failed
due to an internal IGBT fault. Resolution work for this fault is not covered under warranty
by Schneider. Due to the age of the equipment and availability of spare parts, the City is
skeptical about cost-effectively returning the existing inverter to service. The City’s
strategy is to replace this inverter with a solution that can provide more reliable
production with lower risk to the City and Community Solar participants for the duration
of the Community Solar Program term ending in 2040.
The Riverside Community Solar Project at 910 E Mulberry is a 620.7 kW-DC array with a
Schneider Xantrex GT500 – 480 inverter (480v AC out, 600v DC maximum input). All
solar modules are owned by the subscribing customers, whereas the City owns the
balance of system (BOS) (all other assets at the site). All equipment on-site is original
and came online in August 2015, with the exception of recently replaced DC fuse
holders and Y junctions.
The City and participating Community Solar owners lose substantial value when the
project is not operational. Participating owners of the Community Solar project lose
approximately $56,000 per year in bill credits. The duration of the current extended
outage erodes customer satisfaction and goodwill. The existing central inverter design
creates a single-point-of-failure risk for financial losses and satisfaction problems. This
replacement project has the opportunity to mitigate these risks in the future.
Revising the project with a design using multiple string inverters mitigates the impact of
an individual inverter failure, creating a simpler process for replacing a smaller inverter
with readily available equipment off-the-shelf. This approach could be faster to
implement and provide for simpler and less expensive compliance with inverter warranty
terms. However, modifying the project to accommodate string inverters may incur higher
costs than replacing with a similar central inverter. Central inverters matching the power
and voltage ratings of the failed Xantrex unit may be challenging to source, potentially
compromising quality and duration of the present outage.
This project is located within the bounds of the Mulberry Wastewater Treatment Facility
(MWRF) property a 910 E. Mulberry St, Fort Collins CO. It is accessed through a secure
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gate that is remotely monitored and operated by City staff. Access in any way to the
MWRF is not permitted, Service Providers may only access the solar site.
The City invites Service Providers to present proposals that recommend optimization
between the following factors, while prioritizing a minimal delay in return-to-service and
minimizing inverter life-cycle cost:
Single-point-of-failure risk to production,
reliability of up-time operations (hours/year),
re-engineering costs to accommodate multiple string inverters or central inverter,
input and output voltage requirements,
warranty coverage, associated cost and availability of extended warranty for the
inverter(s) through 2040,
total annual energy production.
To the extent that this inverter replacement project may qualify for Federal tax benefits
or other incentives, Service Provider should identify distinguishing features of their
proposal that qualify the project, the basis of incentive funding, and total benefit available
to the City Fort Collins.
This solar project is currently monitored by the City using the STEM Athena platform for
total site energy production (formerly Also Energy). The City intends to control inverters
connected to our Automated Distribution Management System (ADMS) and Distributed
Energy Resource Management System (DERMS). This might be achieved through site-
level or cloud connection, utilizing smart inverter functional capabilities for providing grid
support services, i.e. modifying power factor, voltage and frequency ride-through, ramp-
rate control, phase angles, etc.
II. SCOPE OF PROPOSAL
A. Scope of Work
Provide a clear written plan outlining stages and specific tasks with approximate
timetable of project completion to accomplish the following:
1. Removal and recycling of the existing Schneider inverter and any other
equipment or materials to be replaced or eliminated.
2. Provide all repowering related functions, including but not limited to design,
procurement, permitting, construction, on-site safety inspections, energization,
and final commissioning.
3. Installation of new inverter(s) that repower the project and any additional re-
engineering and modifications of the site required to meet all City requirements
including but not limited to IEEE 1547-2018 while complying with City
Interconnection Standards.
https://www.fcgov.com/utilities/img/site_specific/uploads/interconnection_standar
ds.pdf
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4. Complete Engineering, Procurement and Construction (EPC) work and meet all
commissioning requirements to include but not limited to passing all inspections,
including loss-of phase-testing, concluding with Permission to Operate (PTO)
issuance by the City.
5. Project Closeout, providing As-Built Drawings, Maintenance Manual, Spare Parts
(to be determined), Demonstration and Training.
Provide an overview of your plan describing any other site work required to accomplish
repowering. Refer to the following documents for further details.
1. Record Drawing Set-Exhibit 2
2. Product Data sheet for existing Schneider Electric-Xantrex GT 820-0076-01-01-
Exhibit 3
3. Current Site Photos-Exhibit 4
Options for Project Design
To provide maximum latitude to achieve the most optimal outcome, the City invites
proposals based either on central inverter, micro inverter, or string inverter designs.
The existing central inverter could be replaced by a similar central inverter or by re-
engineering the site to incorporate multiple micro or string inverters.
Project Stages for Proposal
The project will be staged in two phases:
1) Phase 1: Design Development.
a. Deliverables in this stage include complete a 100% “Check Set” of plans for
City approval, final design documents, equipment specifications, and any
other documents required to achieve issuance of the building permit.
b. Not to exceed cost for Design.
2) Phase 2: Procurement, Construction, Commissioning.
a. Deliverables in this stage include removal of equipment to be replaced,
construction, commissioning, interconnection testing, project close-out
documentation.
After Phase 1 deliverables are accepted, the City will negotiate an
installation/construction price with the awarded Service Provider(s) consisting of a firm
fixed price to complete Phase 2. The City reserves the right to solicit proposals from a
different installation Service Provider for Phase 2, but strongly prefers this project to be
completed turn-key with the Service Provider doing the design.
Service Provider will conduct status update meetings with the City bi-weekly or at a
schedule mutually agreed by Service Provider and the City during the course of the
project.
Phase 1: Design Development Requirements
The system design and work plan shall clearly describe all site work required to
accomplish repowering, including any re-engineering and construction requirements.
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The design documentation produced in this phase will generate the package of
documents required to accompany the building permit application. These submissions
shall be delivered to the City based on the agreed upon project schedule.
For the 100% Check Set submission, the City reserves the right to make comments and
request changes. As part of its review, the City may offer submission reviews to local
code officials. The City shall provide review comments within fourteen (14) calendar
days of receipt of the 100% Check Set Submission. The City’s review is intended to
discover any information that can be brought to the Service Providers attention that
might prevent errors, misdirection, or rework later in the project. The Service Provider
shall remain completely responsible for designing and constructing the project in
accordance with contract requirements.
Service Provider shall respond to all design review comments in writing, indicating one
of the following: (1) adoption and action taken, (2) adoption with modifications and action
taken, (3) alternative resolution and action taken, or (4) rejection. In cases other than
unqualified adoption, the Service Provider shall provide a statement as to why the City’s
comment is not appropriate for adoption. Rejected items shall not go forward to the
construction phase until adequate resolution of the rejected item has been approved by
the City. The Service Provider’s comment resolution shall be transmitted to the City
within seven calendar days of comment receipt and shall incorporate discussions from
the scheduled design comment review meetings.
The design package shall include the following:
Timeline / Project Schedule
Demolition plan and drawings
Check Set submission for City approval
Single-line electrical diagrams, including detailed drawings as needed for
connection to existing equipment
Electrical Narrative and Calculations: conductor sizing / adequacy calculations,
grounding calculations and details
Evaluate the need for a grounding transformer and incorporate if needed. System
proposed shall be compatible with the on-site distribution system
Transformer Relay Protection Coordination – TOCC. Provide proposed relay
protection settings of the system for approval and coordination by the City.
Service Providers updated estimate for Phase 2
Inverter Requirements
Service Provider shall ensure inverter(s) proposed for this project meet the following
requirements:
All applicable compliance and standards requirements including:
Listed and labeled as meeting UL 1741
Standard IEEE 1547
Currently listed on the California Energy Commission list of approved Grid
Support Solar Inverters
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Internet Protocol (IP) telecommunications interconnection utilized to support
inverter(s) performance monitoring and control. Inverter monitoring platform accessible
in the cloud to City staff from any internet connection.
Connectivity to the inverter vendor managed cloud-based system is established
and functional through the commissioning process, allowing City performance monitoring
of each inverter in perpetuity.
On-site ability for the City to connect and commission its own SCADA based
Data Acquisition System (DAS). Provide equipment necessary for City owned IP SCADA
based interconnectivity to meet all applicable compliance and standards to interconnect
with modern SCADA and DERMS systems through modern communications protocols
including IEEE 2030.5, DNP 3.0 and IEC 61850. Inverter capable of providing IEEE
2030.5 interconnectivity.
Plan for inverters to be shaded from direct sun from 10 a.m. to 6 p.m. in the
months of June through September.
Phase 2: Procurement, Construction and Commissioning Requirements
Any equipment that is modified or replaced in the course of this project will need to meet
applicable codes and standards:
NEC 2023
Institute of Electrical and Electronics Engineers (IEEE) 1547 (interconnections)
Fort Collins Interconnection Standards
https://www.fcgov.com/utilities/img/site_specific/uploads/interconnection_standards.
pdf
The awarded Service Provider(s) will secure from governing agencies all required rights,
permits, and approvals at no additional cost to the City.
Site Modifications
Concrete pads and other foundations
Any concrete structure shall be designed and approved by a registered
Service Provider Engineer
Circuits and conduits
All subsurface circuits between structures shall be in conduit. No new
direct buried circuits shall be accepted.
If the circuits between the existing 1200 Amp Utility- furnished “switch”
and the DAS are to be disturbed, the Service Provider shall supply the
onsite DAS with an appropriate subsurface conduit to the existing City
furnished “switch” and restore all circuits to the DAS and “switch”
On-Site Safety
Service Provider shall be fully responsible for all on-site safety requirements.
Electrical Grounding
All subsurface grounding fixtures shall be inspected by the City prior to covering.
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Any installed grounds and grounding equipment or transformers shall be earth
resistance tested and documented by the Service Provider.
Any earth resistance tests not meeting minimum requirements set forth by the
design engineer shall be corrected and witnessed by the City.
During construction, the Service Provider shall maintain on-site the working record
drawings of all changes/deviations from the original approved design. Notations on
record drawings shall be made in erasable red pencil or another color to correspond to
different changes or categories of work. Marked-up drawings shall always be maintained
on-site, available for the City to review. Record drawings shall note related change order
designations on affected work.
Commissioning
Final commissioning shall be performed by Service Provider and witnessed by City
commissioning agent.
Energization of the interconnect to and from the City Distribution Transformer
The referenced interconnecting device between City distribution system and the
solar inverter shall be the existing 480V 3phase switchgear.
Energization of the interconnect refers to closing the 800a interconnecting
switchgear that connects the generating assets at the site to the City Distribution
Transformer.
Initial energization for inverter testing and commissioning purposes shall be granted
after preliminary site walk-through and approval from City staff.
Final energization of the facility from the interconnect shall be performed only after a
fully witnessed commissioning by the City.
Final energization shall be coordinated between on-site City Engineering, Field
Crews, Supervisory Control Operations (SCO), and Service Provider
Final energization shall occur only after Service Provider and the City have both
signed off and approved energization.
Proposal Requirements
Your proposal must contain the following elements:
Provide a firm fixed price for Phase 1: Design Development.
Identify whether replacement of central inverter or re-engineering site design to
incorporate micro or multiple string inverters would be the optimal path based on the
lifecycle cost of inverter(s) through 2040. Provide supporting arguments for your design
choice in full consideration of both options.
Specify make & model of inverter(s) proposed. Inverter manufacturer must have
demonstrated successful record of projects in the United States with reliable equipment,
responsive service and support for equipment and warranty agreements.
Provide modeled annual energy production of the Riverside Project with the proposed
inverter(s), assuming operation at unity power factor.
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Provide detailed list of modifications required to the current project design (currently
optimized for 600 V-DC maximum input to the inverter) in order to accommodate the
inverter(s) proposed. Include assessment of conductor adequacy and any conductor
replacement (buried in conduit) that is necessary.
Provide a budgetary estimate for Phase 2: Construction.
Incorporate all costs to complete the recommended inverter replacement proposed.
Provide current estimates of equipment ordering and delivery lead times that would
govern when certain phases of the installation could occur. Include a Gannt chart to
illustrate the timeline of construction and commissioning to complete repowering the
Riverside Community Solar Project. For purposes of the Gannt illustration, assume
Phase 1 Design to begin by May 1, and that designs are approved and accepted for
Phase 2 by June 1, 2024. All dates are estimates only and are subject to change by the
City at its sole discretion.
Identify maintenance requirements to comply with inverter warranty requirements, noting
whether that maintenance must be performed by the manufacturer, other specially
certified entity, or could be performed by a local solar vendor. If the inverter maintenance
must be performed by an individual or company with special certification for the
inverter(s), provide a minimum of three approved and recommended inverter
maintenance contractors.
Provide expected life-cycle inverter solution costs over 15 years. Include cost estimates
of the performance of all required preventative maintenance to comply with warranty
requirements, replacement, or extended warranty costs, and any costs of work not
covered by warranty. Specify the duration of time guaranteed for the manufacturer’s
warranty repair or replacement to restore full operation. Specify availability of extended
warranty coverage options through 2040. Specify end-of-life disposal requirements of
proposed new equipment (hazardous waste, readily recyclable, recyclable e-waste,
landfill).
Identify costs of deconstruction and removal of the existing inverter as a unique line
item. Include removal of any other wiring and equipment to be replaced with the Phase 2
cost estimate. The City reserves the option to donate the existing inverter to another
utility in lieu of recycling disposal options. Service Provider would coordinate directly with
the receiving utility regarding demolition schedule and logistics for providing suitable
transportation on-site to take possession of the inverter when it is loaded on their truck
or trailer. Disposal of electronic waste shall be accomplished through an E-Steward
Certified recycler.
Submit project commissioning plan with the proposal.
Identify and address all pertinent administrative and regulatory requirements.
Service Provider shall declare any partners (subcontractors/subconsultants) engaged in
fulfilling the work of the design and installation stages in the proposal. Provide company
qualifications and name staff that will perform key roles in the project, noting their
experience and qualifications for the planned work.
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Exclusions from Scope
An existing equipment shed onsite provides shelter from rain and snow for the inverter,
DC combiner box, weather station gear, telemetry, and switchgear (including 5kVA
transformer for 120/240v power running site loads). This shed may need to be
temporarily modified or removed from the concrete pad to facilitate removal of the
existing inverter. If the proposal requires shed removal or alteration, the cost of restoring
it to existing condition or better must be fully incorporated into proposal. The weather
station equipment, Also Energy telemetry, and other ancillary equipment under the shed
must be returned to service if disturbed by this construction project.
The onsite Data Acquisition System shall not be disturbed or modified without prior
authorization.
The City shall provide the preferred telecommunications carrier to the site. The City shall
utilize both copper and fiber telecommunications interconnection.
The following existing equipment shall remain undisturbed:
1200A, 480/277V, 3 phase, 4-wire NEMA-3R cabinet and AC switchgear
750 kVA transformer and SCADA transmission tower
620.7 kW-DC photovoltaic system, racking and modules: Jinko JKM305P-72
305W
B. Deliverables/Milestones
The project will be staged in two phases:
1) Phase 1: Design Development
a. Deliverables in this phase include:
i. Project kickoff meeting
ii. Technical specifications for inverters proposed, as well as any other
new equipment, including product details, warranty details, extended
warranty options
iii. Check Set of construction drawings
iv. Complete design documents, equipment specifications, and any other
documents required to achieve issuance of the building permit for
Phase 2.
v. Updated cost estimate for Phase 2
b. Milestones for this phase include:
i. City acceptance and approval of check set, project timeline and plan,
final design package for building permit
ii. City acceptance and approval of additional technical and warranty
documentation
2) Phase 2: Procurement, Construction and Commissioning
a. Task 1: Bid and Construction Plan
i. Deliverable for this task:
1. Provide firm fixed price bid for construction and completion of
all Phase 2 deliverables
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2. Construction plan, including Gannt chart and coordination of
any other subcontractors involved.
b. Task 2: Procurement
i. Deliverable for this task:
1. Procure and validate inverter(s) and all equipment necessary
c. Task 3: Deconstruction and Disposal
i. Deliverables for this task:
1. Demolition plans
2. Deconstruction of equipment to be replaced, conductors, etc.
3. Remove from site and dispose of equipment and materials
a. Any equipment and materials that the City donates to
another third party utility become the property of that
third party.
4. Conduct site walk with City personnel to review work
accomplished
5. Provide certification of recycling for e-waste and other recycled
materials.
ii. Milestone for this task:
1. City approval of demolition plans
2. City approval of deconstruction and disposal task
3. City acceptance of recycling documentation
d. Task 4: Construction
i. Deliverables for this task:
1. Pull building permit and any other permits required
2. Complete the construction of the project as planned in Phase
1
3. Remove all packing materials, trash and debris from work site
4. Conduct site walk with City personnel to review work
accomplished
ii. Milestone for this task:
1. Pass all Building Department inspections culminating in
closure of building permit
2. City site walkthrough and Initial Energization
3. City approval of construction phase complete
e. Task 5: Commissioning, Testing, Close-out
i. Deliverables for this task:
1. Collaborate with City commissioning agent to demonstrate
commissioning testing, which includes but is not limited to:
a. Demonstrate IP interconnection, inverter monitoring
platform accessible in the cloud to City staff
b. Demonstrate inverter operations
c. Provide operator instruction
d. Resolve deficiencies documented in commissioning
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2. Register warranties for equipment installed and assign
warranties to the City.
3. Pass phase loss testing conducted by City staff
4. Deliver project close-out documentation including hard copy
and PDF electronic files:
a. final set of as-built drawings,
b. manufacturer product materials: installation guide,
O&M guidance, warranty registration documentation,
c. passcodes for on-site equipment and website access
d. detailed lock-out/tag-out instructions for all equipment
ii. Milestones for this task:
1. City’s acceptance of commissioning as complete
2. City’s acceptance of close-out documentation as complete
3. City’s issuance of Permission to Operate (PTO)
C. Minimum Qualifications
Service Providers must:
Have experience with successful repowering of solar projects of similar size,
scope, and disposition.
Hold applicable licensing for design, engineering, and construction work.
D. Anticipated Schedule
The following represents the City’s target schedule for the RFP. The City reserves the
right to amend the target schedule at any time.
RFP issuance: March 22, 2024
Pre-Proposal Meeting: 2:30 PM MT on April 3, 2024
Question deadline: 3:00 PM MT on April 10, 2024
Final Addendum Issued: April 12, 2024
Proposal due date: 3:00 PM MT on April 22, 2024
Interviews (tentative): Week of April 29, 2024
E. Interviews
In addition to submitting a written proposal, the top-rated Service Providers may be
interviewed by the RFP assessment team and asked to participate in an oral presentation
to provide an overview of the company, approach to the project and to address questions.
The evaluation criteria for the oral interviews will be the same as the criteria for the written
evaluations and is included in Section IV.
F. Award
The initial term of the Agreement will be for one (1) year and may be extended for
additional one (1) year periods not to exceed two (2) additional one year periods.
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G. Travel & Expenses
Subject to the terms of the applicable Work Order, reasonable expenses may be
reimbursable per the current rates found at www.gsa.gov. Service Provider will be required
to provide original receipts to the City for all travel expenses.
H. Subcontractors/Subconsultants
Service Provider will be responsible for identifying any subcontractors and/or
subconsultants in their proposal. Please note that the City will contract solely with the
awarded Service Provider; therefore, subcontractors and/or subconsultants will be the
responsibility of the Service Provider.
I. Financial Qualifications (CONFIDENTIAL)
Service Providers selected as finalists may be required to submit a banking reference and
the most recent financial statement (audited preferred) including balance sheet and
income statement, as well as a statement of cash flows (the “Financial Information”).
J. Current standards
All work and/or materials must meet current standards in force by recognized technical
and Service Provider societies, trade and materials supply associations, institutes and
organizations, bureaus and testing laboratories, and national, federal, state, county, and
local laws, codes and ordinances.
K. Fees, Licenses, Permits
The successful Service Provider(s) 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.
L. Laws and Regulations
The Service Provider agrees to comply fully with all applicable local, State of Colorado
and Federal laws and regulations and municipal ordinances to include American
Disabilities Act (ADA).
M. Work Orders
The awarded Service Provider(s) will be required to sign the City’s Work Order Type
Agreement, a sample of which is attached as Section VI for reference purposes. In the
event that the City has agreements with multiple Service Providers for the Work, the City
reserves the right to request proposals for individual Work Order assignments from the
awarded Service Providers or assign Work Orders directly to a Service Provider at its sole
discretion. Selection for individual Work Orders may be based on, but not limited to,
availability, approach, prior experience, firm capability, and cost.
Individual Work assignments will be requested and agreed to utilizing the City’s Work
Order (included in the Agreement). Each Work Order must include a start and completion
date, total cost and a Scope of Work. Subsequent supporting documentation pages may
include a project schedule, deliverables, hours, cost detail supporting total cost, and
personnel details. Fees outlined in the Work Order will conform with those stated in the
Agreement.
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No Work Order will be considered valid until signed, at a minimum, by the Service
Provider, City project manager and Purchasing Department representative. Depending on
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 Agreement) and will not be considered
valid until signed, at a minimum, by the Service Provider, City project manager and
Purchasing Department representative.
N. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the City Project
Manager. The cost of the work completed shall be paid to the Service Provider each month
following the submittal of a correct invoice by the Service Provider indicating the project
name, Purchase Order number, task description, hours worked, personnel/work type
category, hourly rate for each employee/work type category, date of the work performed
specific to the task, percentage of that work that has been completed by task, 3rd party
supporting documentation with the same detail and a brief progress report.
Payments will be made using the prices stated in the Work Order and Agreement. In the
event a service is requested which is not stated in the Work Order and/or Agreement, the
Service Provider and the City will negotiate an appropriate unit price for the service prior
to the Service Provider initiating such work.
The City pays invoices on Net 30 terms.
III. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of forty (40) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers and Authorization form). Font shall be a
minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom.
Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed
pricing. Links to other files or websites shall not be permitted. Proposals that do not conform
to these requirements may be rejected.
Service Providers are required to provide detailed written responses to the following items in
the order outlined below. The responses shall be considered technical offers of what Service
Providers propose to provide and shall be incorporated in the contract award as deemed
appropriate by the City. A proposal that does not include all the information required may be
deemed non-responsive and subject to rejection.
Responses must include all the items in the order listed below. It is suggested that the Service
Providers include each of the City’s questions with their response.
The City shall not reimburse any firm for costs incurred in the preparation and presentation of
their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and distinguishing
features of the repowering solution offered, including a general description of the program,
and any unique aspects or benefits provided by your firm.
Indicate your availability to participate in the interviews on the proposed dates as stated
in the Schedule section.
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B. Service Provider Information
1. Describe the Service Provider’s business and background
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
5. Size of the firm
6. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
7. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s).
C. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. The narrative should include any options that may be beneficial for the
City to consider.
2. Describe how the project would be managed and who would have primary
responsibility for its timely and Service Provider completion.
3. Briefly describe the approach to execute the scope of work to include the methods and
assumptions used, and any exceptions and/or risks.
4. Describe the methods and timeline of communication your firm will use with the City’s
Project Manager and other parties.
5. Include a description of the software and other analysis tools to be used.
6. Identify what portion of work, if any, may be subcontracted or outsourced to
subconsultants. Include all applicable information herein requested for each Service
Provider.
7. Are other qualified personnel available to assist in meeting the project schedule if
required?
8. Provide an outline of the schedule for completing tasks.
D. Firm Capability and Assigned Personnel
Provide relevant information regarding previous experience related to this or similar
projects, to include the following:
1. Provide Proposed Project Team: Provide resumes and/or summary of relevant
experience and qualifications for each person to be assigned to the project, each
individuals specific task assignment, including subconsultants and subcontractors.
Please limit resumes to one page.
2. A list of qualifications for your firm.
3. References. Provide a minimum of three (3) similar projects in the last five (5) years
that have involved the staff and subcontractors/subconsultants proposed to work on
this project. Include the owner’s name, title of project, beginning price, ending price,
system size, (kW DC), contact name, email and phone number, subconsultants on the
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team, brief description of the work including any installation specific information that
may be relevant, and any change orders. The Service Provider authorizes the City to
verify any and all information contained herein and hereby releases all those
concerned providing information as a reference from any liability in connection with
any information provided.
4. Provide any information that distinguishes the Service Provider from its competition
and any additional information applicable to this RFP that might be valuable in
assessing the Service Provider’s proposal.
5. Disclose if your firm is in the process of being acquired within the course of the next
twelve (12) months.
E. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your organization’s
commitment to sustainability and supporting values.
Each element of the TBL sustainability criteria will receive equal consideration in
determining the final Sustainability/TBL score.
1. Address how your firm strives to incorporate all three aspects (social,
environmental, and economic) of Triple Bottom Line (TBL) sustainable practices
into the workplace. Provide examples along with any metrics used to measure
success within your firm.
2. Also provide examples of how your firm has incorporated all three aspects of TBL
sustainable practices in previous similar projects on which your firm has been the
prime Service Provider.
Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on
environmental health priorities in the areas of climate resiliency, water quality
and watershed protection, regulatory performance, management systems,
air quality, renewable energy, sustainable building and design, construction
materials management, and solid waste reduction.
b. Economic – Experience working and delivering projects with an emphasis
on strategic financial planning, job creation, business development, asset
management, various project delivery methods, value engineering, regional
partnerships, transparency, stakeholder engagement, strategic investments,
aging infrastructure, repurposing of existing facilities, and competing
financial priorities.
c. Social - Experience working and delivering projects, programs, and/or
initiatives that support Equity, Diversity, and Inclusion throughout your firm’s
workplace, including leadership, and supply chain. Examples of this may be
demonstration of working within cultural and language gaps, development of
diversity programs, diverse project teams, equitable opportunity vendor
supply chain, and how your firm has applied an equity lens to processes
such as recruitment, hiring, purchasing, career pathways, salaries, and staff
engagement.
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F. Cost and Work Hours
In your response to this proposal, please provide the following:
1. Estimated Hours by Task: Provide estimated hours for each proposed task by job title
and employee name, including the time required for meetings, conference calls, etc.
2. Cost by Task: Provide the cost of each task identified in the Scope of Proposal section.
Provide a total not to exceed cost for Phase 1 of the Scope of Proposal. Price all
additional services/deliverables separately.
3. Schedule of Rates: Provide a schedule of billing rates by category of employee and
job title to be used during the term of the Agreement. This fee schedule will be firm for
at least one (1) year from the date of the Agreement. The fee schedule will be used as
a basis for determining fees should additional services be necessary. Include a per
meeting rate in the event additional meetings are needed. A fee schedule for
subconsultants/subcontractors, if used, shall be included.
4. All direct costs (i.e., travel, printing, postage, etc.) specifically attributed to the project
and not included in the billing rates must be identified. Reasonable expenses may be
reimbursable as per the current rates found at www.gsa.gov. Service
Provider/Consultant will be required to provide original receipts to the City for all travel
expenses.
5. Include any applicable recurring annual costs for support & maintenance for 5 years.
G. Safety
Service Provider shall complete the City’s Safety Form, attached hereto as Exhibit 1,
and incorporated by this reference. If any items within the Safety Form are not
applicable, please make a note as to why.
H. Sample Agreement
Included with this request for proposals is a sample Agreement that the City intends to
use for obtaining the services of the Service Provider. The Service Provider is required to
review this Agreement and indicate any objections to the terms of the contract. If revisions
to the contractual terms are requested, provide suggested revisions.
I. Acknowledgement
The Acknowledgement form is attached as Section V. Complete the attached form
indicating the Service Provider hereby acknowledges receipt of the City of Fort Collins
Request for Proposal and acknowledges that the Service Provider has read and agrees
to be fully bound by all of the terms, conditions and other provisions set forth in the RFP.
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IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Service Providers will be evaluated on the following criteria. This set of criteria will be the
basis for review and assessment of the written proposals and optional interview session.
At the discretion of the City, interviews of the top-rated Service Providers may be
conducted.
The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements,
a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds
minimum requirements in that category.
CRITERIA
NUMBER
CRITERIA WEIGHTING FACTOR
1 FIRM CAPABILITY & EXPERIENCE 40%
2 SCOPE OF PROPOSAL/SCHEDULE 30%
3 COST 25%
4 SUSTAINABILITY/TBL METHODOLOGY 5%
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V. ACKNOWLEDGEMENT
Service Provider hereby acknowledges receipt of the City of Fort Collins Request for Proposal
and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions
and other provisions set forth in the RFP 9966 Riverside Community Solar Inverter
Replacement and sample Agreement except as otherwise noted. Additionally, Service
Provider hereby makes the following representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Service Provider’s knowledge and belief.
b. Service Provider commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Service Provider further agrees that the method of award is acceptable.
e. Service Provider also agrees to complete the proposed Agreement with the City of Fort
Collins within 10 days of notice of award. If contract is not completed and signed within
10 days, City reserves the right to cancel and award to the next highest rated firm.
f. Service Provider acknowledges receipt of addenda.
g. Service Provider acknowledges no conflict of interest.
h. Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under Colorado Open Records Act (CORA). Service Provider hereby
waives any and all claims for damages against the City for the City’s good faith compliance
with CORA.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.2
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VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
MASTER PROFESSIONAL SERVICES AGREEMENT
WORK ORDER TYPE
THIS MASTER PROFESSIONAL SERVICES AGREEMENT (AGREEMENT) made and
entered into the day and year set forth in Section 3 below by and between the CITY OF FORT
COLLINS, COLORADO, a Colorado Municipal Corporation (CITY) and , a(n) [enter state]
[business type] (PROFESSIONAL).
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Service. The PROFESSIONAL agrees to provide Services in accordance with
any project Work Orders for , issued by the CITY. A blank sample of a Work Order
is attached hereto as Exhibit A, consisting of [# of Pages] and is incorporated herein by
this reference. A general Scope of Services is attached hereto as Exhibit B, consisting of
[# of Pages] and is incorporated herein by this reference. The CITY reserves the right to
independently solicit any project rather than issuing a Work Order to the PROFESSIONAL
for the same pursuant to this AGREEMENT. Irrespective of references to certain named
third parties within this AGREEMENT or any Work Order, the PROFESSIONAL shall be
solely responsible for performance of all duties hereunder. The term Service as used in
this AGREEMENT shall include the Services(s) and deliverables contained in any Work
Order issued by the CITY.
The CITY may, at any time during the term of a particular Work Order and without
invalidating the Work Order, make changes to the scope of the particular Service.
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 [# of Pages] and incorporated herein
by this reference.
2. Work Order Schedule. The Services to be performed pursuant to this AGREEMENT shall
be performed as specified on each Work Order. Time is of the essence. Any change in
schedule must be agreed upon in writing by the parties hereto via a Change Order.
3. AGREEMENT Period. This AGREEMENT shall commence , 20 (the Effective
Date) and shall continue in full force and effect until , 20 , unless sooner
terminated as herein provided. In addition, at the option of the CITY, the AGREEMENT
may be extended for additional one (1) year periods not to exceed four (4) additional one-
year periods. Renewals and pricing changes shall be negotiated by and agreed to by both
parties only at the time of renewal. [Any price changes shall not exceed percent
( %) per annual renewal]. Written notice of renewal shall be provided to the
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PROFESSIONAL no later than thirty (30) days before AGREEMENT end.
4. Compensation. In consideration of the Services to be performed pursuant to this
AGREEMENT, the CITY agrees to pay the PROFESSIONAL [choose one] as designated
in Exhibit D, consisting of [# of Pages], attached hereto and incorporated herein by this
reference. At the election of the CITY, each Work Order may contain a maximum fee,
which shall be negotiated by the parties hereto for each Work Order. Partial payments
based upon the PROFESSIONAL’s billings and itemized statements are permissible as
defined in the applicable Work Order. The amounts of any partial payments shall be based
upon the PROFESSIONAL’s City-verified progress in completing the Service(s) to be
performed pursuant to the Work Order and upon approval of the PROFESSIONAL’s direct
reimbursable expenses. Payment shall be made following acceptance of the Service(s)
by the CITY.
Itemized invoices shall be emailed to invoices@fcgov.com with a copy to the Project
Manager. The cost of the Service(s) completed shall be paid to the PROFESSIONAL
following the submittal of a correct itemized invoice by the PROFESSIONAL. The CITY is
exempt from sales and use tax. The CITY’s Certificate of Exemption license number is
09804502. A copy of the license is available upon written request.
The CITY pays invoices on Net 30 days from the date of the invoice.
5. Early Termination by City. Notwithstanding the time periods contained herein, the CITY
may terminate this AGREEMENT at any time without cause or penalty by providing at
least ten (10) calendar days written notice of termination to the PROFESSIONAL.
In the event of early termination by the CITY, the PROFESSIONAL shall be paid for
Service(s) rendered up to the date of termination, subject to the satisfactory performance
of the PROFESSIONAL's obligations under this AGREEMENT. PROFESSIONAL shall
submit a final invoice within ten (10) calendar days of the effective date of termination.
Payment shall be the PROFESSIONAL's sole right and remedy for termination.
6. Notices. All notices provided under this AGREEMENT shall be effective immediately
when emailed or three (3) business days from the date of the notice when mailed to the
following addresses:
PROFESSIONAL: CITY: Copy to:
Attn:
Email Address
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
Email Address
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
All notices under this AGREEMENT shall be written.
7. Design and Service(s) Standards. The PROFESSIONAL warrants and shall be
responsible for the professional quality, technical accuracy, accessibility requirements
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under ADA and Public Accommodations and Technology Accessibility sections below,
timely completion and the coordination of all Service(s) rendered by the PROFESSIONAL,
the Project Instruments as defined in Section 11 below. The PROFESSIONAL shall,
without additional compensation, promptly remedy and correct any errors, omissions, or
other deficiencies.
8. Indemnification. The PROFESSIONAL shall indemnify, defend, and hold harmless the
CITY and its officers and employees, to the maximum extent permitted under Colorado
law, against and from any and all actions, suits, claims, demands, or liability of any
character whatsoever claimed by the PROFESSIONAL or third parties against the CITY
arising out of or related to this AGREEMENT (not limited to contract, tort, intellectual
property, accessibility, or otherwise). This obligation extends to reimbursement of the
CITY's costs and reasonable attorney’s fees.
9. Insurance. The PROFESSIONAL shall maintain insurance in accordance with Exhibit
[choose one], consisting of [# of Pages], attached hereto and incorporated herein.
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
supporting appropriation has been made. Non-appropriation by the City shall not be
construed as a breach of this AGREEMENT.
11. Project Instruments and License.
a. Upon execution of this AGREEMENT, the PROFESSIONAL grants to the CITY an
irrevocable, unlimited and royalty free license to use any and all sketches, drawings,
as-builts, specifications, designs, blueprints, data files, calculations, studies, analysis,
renderings, models, plans, reports, and other Work Order deliverables (Project
Instruments), in any form whatsoever and in any medium expressed, for purposes of
constructing, using, maintaining, altering and adding to the project, provided that the
CITY substantially performs its obligations under the AGREEMENT. The license
granted hereunder permits the CITY and third parties reasonably authorized by the
CITY to reproduce applicable portions of the Project Instruments for use in performing
the Service(s) or construction for the project. In addition, the license granted
hereunder shall permit the CITY and third parties reasonably authorized by the CITY
to reproduce and utilize the Project Instruments for similar projects, provided however,
in such event the PROFESSIONAL shall not be held responsible for the design to the
extent the CITY deviates from the Project Instruments. This license shall survive
termination of the AGREEMENT by default or otherwise.
b. Upon payment under each applicable Work Order, Project Instruments rendered by
the PROFESSIONAL shall become the sole property of the CITY. Upon request or as
provided in each applicable Work Order, the PROFESSIONAL shall provide the CITY
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with the Project Instruments in electronic format. The electronic copy of the Project
Instruments shall be submitted to the CITY in a mutually agreed upon format.
12. City Project Manager. The CITY’s Project Manager will be shown on the specific Work
Order and shall make, within the scope of the Project Manager’s authority, all necessary
and proper decisions with reference to the Service(s) requested.
13. Project Status Report. A project status report is required to accompany all invoices and
shall be submitted to the CITY Project Manager. The progress status report shall contain
a written report of the status of the Service(s) with respect to the Scope of Services, project
schedule, previous invoices, outstanding balance, percent billed and other material
information. Failure to provide any required report may, at the option of the CITY, suspend
the processing of any payment request.
14. Independent Contractor. The Service(s) to be performed by the PROFESSIONAL are
those of an independent contractor and not of an employee of the City of Fort Collins. The
CITY shall not be responsible for withholding any portion of the PROFESSIONAL's
compensation hereunder for the payment of FICA, Workers' Compensation, other taxes
or benefits or for any other purpose.
15. Personal Services. It is understood that the CITY enters into this AGREEMENT based on
the special abilities of the PROFESSIONAL and that this AGREEMENT shall be
considered as an AGREEMENT for personal services. Accordingly, the PROFESSIONAL
shall neither assign any responsibilities nor delegate any duties arising under this
AGREEMENT without the prior written consent of the CITY.
16. Subcontractors/Subconsultants. The PROFESSIONAL may not subcontract any of the
Service(s) set forth in any Work Order without the prior written consent of the CITY, which
shall not be unreasonably withheld. If any of the Service(s) 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 Service(s), (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 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
Service(s) of the subcontractor/subconsultant will be subject to inspection by the CITY to
the same extent as the Service(s) of the PROFESSIONAL.
The PROFESSIONAL shall require all subcontractor/subconsultants performing
Service(s) hereunder to maintain insurance coverage naming the CITY as an additional
insured under this AGREEMENT, Exhibit [choose one], consisting of [# of Pages],
attached hereto and incorporated herein by this reference. The PROFESSIONAL shall
maintain a copy of each subcontractor’s/subconsultant’s certificate evidencing the
required insurance. Upon request, the PROFESSIONAL shall promptly provide the CITY
with a copy of the certificate(s).
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17. Acceptance Not Waiver. The CITY's approval of Project Instruments furnished hereunder
shall not in any way relieve the PROFESSIONAL of responsibility for the quality or
technical accuracy of the Service(s). The CITY's approval or acceptance of, or payment
for, any of the Service(s) shall not be construed to operate as a waiver of any rights or
benefits provided to the CITY under this AGREEMENT.
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 to or refuse to perform
according to the terms of this AGREEMENT, that party may be declared in default upon
notice.
19. Remedies. In the event a party has been declared in default, that defaulting party shall
be allowed a period of ten (10) calendar days from the date of notice within which to cure
said default. In the event the default remains uncorrected, the party declaring default may
elect to (a) terminate the AGREEMENT and seek damages; (b) treat the AGREEMENT
as continuing and require specific performance; or (c) avail themselves of any other
remedy at law or equity. In event of a dispute regarding this AGREEMENT, each party
shall bear its own attorney fees and costs.
20. Entire Agreement; Binding Effect; Authority to Execute. This AGREEMENT, along with all
Exhibits and other documents incorporated herein, shall constitute the entire
AGREEMENT of the parties regarding this transaction and the matter recited herein. This
AGREEMENT and all Work Orders pursuant to this AGREEMENT supersede any prior
agreements, promises, or understandings as to the matter recited herein. The
AGREEMENT shall be binding upon the parties, their officers, employees, agents and
assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties. Covenants or representations
not contained in this AGREEMENT shall not be binding on the parties. In the event of a
conflict between terms of the AGREEMENT and any exhibit or attachment, the terms of
the AGREEMENT shall prevail. Each person executing this AGREEMENT affirms that
they have the necessary authority to sign on behalf of their respective party and to bind
that party to the terms of this AGREEMENT.
21. Law/Severability. The laws of the State of Colorado and the City of Fort Collins Charter
and Municipal Code shall govern the construction, interpretation, execution and
enforcement of this AGREEMENT—without regard to choice of law or conflict of law
principles. The Parties further agree that Larimer County District Court is the proper venue
for all disputes. If the CITY subsequently agrees in writing that the matter may be heard
in federal court, venue will be in Denver District Court. In the event any provision of this
AGREEMENT shall be held invalid or unenforceable by any court of competent
jurisdiction, that holding shall not invalidate or render unenforceable any other provision
of this AGREEMENT.
22. Use by Other Agencies. The CITY reserves the right to allow other state and local
governmental agencies, political subdivisions, and/or school districts (collectively Agency)
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to use the CITY’s award determination to the PROFESSIONAL. Use by any other entity
shall not have a negative impact on the CITY in the current term or in any future terms.
Nothing herein shall be deemed to authorize or empower the Agency to act as an agent
for the CITY in connection with the exercise of any rights hereunder, and neither party
shall have any right or authority to assume or create any obligation or responsibility on
behalf of the other. The other Agency shall be solely responsible for any debts, liabilities,
damages, claims or expenses incurred in connection with any agreement established
solely between the Agency and the PROFESSIONAL. The CITY’s concurrence hereunder
is subject to the PROFESSIONAL’s commitment that this authorization shall not have a
negative impact on the Service(s) to be completed for the CITY.
23. Prohibition Against Unlawful Discrimination. The PROFESSIONAL acknowledges that the
CITY, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.
252, 42 US.C. §§ 2000d to 2000d-4); Section §§24-34-401, et seq., C.R.S., and any
associated State or Federal laws and regulations, strictly prohibits unlawful discrimination
based on an individual’s gender (regardless of gender identity or gender expression), race,
color, religion, creed, national origin, ancestry, age forty (40) years or older, marital status,
disability, sexual orientation, genetic information, or other characteristics protected by law.
Pursuant to City policy, sexual orientation means a person’s actual or perceived
orientation toward heterosexuality, homosexuality, and bisexuality. The CITY also strictly
prohibits unlawful harassment in the workplace, including sexual harassment. Further, the
CITY strictly prohibits unlawful retaliation against a person who engages in protected
activity. Protected activity includes an employee complaining that the employee has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The CITY requires the PROFESSIONAL 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 subcontractors/subconsultants at
every tier.
24. ADA and Public Accommodations. In performing the Service(s) required hereunder, the
PROFESSIONAL agrees to meet all the requirements of the Americans with Disabilities
Act of 1990, §§24-85-101, et seq., C.R.S., and all applicable rules and regulations (ADA),
and all applicable Colorado public accommodation laws, which are imposed directly on
the PROFESSIONAL or which would be imposed on the CITY as a public entity.
25. Technology Accessibility. The PROFESSIONAL represents in performing the Service(s)
hereunder, it shall fully comply with all applicable provisions of §§24-85-101, et seq.,
C.R.S., and all accessibility standards as established by the State of Colorado Governor’s
Office of Information Technology (OIT) pursuant to §24-85- 103, C.R.S., including all
updates and amendments to those standards as provided by the OIT. To confirm that the
Project Instruments meet these standards, PROFESSIONAL may be required to
demonstrate compliance. The PROFESSIONAL shall indemnify the CITY pursuant to the
Indemnification section above in relation to the PROFESSIONAL’s failure to comply with
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§§24-85-101, et seq., C.R.S., or the OIT’s accessibility standards pursuant to §24-85-103,
C.R.S.
Data Privacy. PROFESSIONAL will comply with all applicable data privacy regulations
and laws, specifically including Colorado’s Privacy Act § 6-1-1301 et. seq. (the Privacy
Act). PROFESSIONAL shall ensure that each person processing any personal data
connected to the Service(s) is subject to a duty of confidentiality with respect to the data.
If applicable, PROFESSIONAL shall require that any subcontractors meet the obligations
of PROFESSIONAL with respect to any personal data connected to this SOW. The Parties
agree that upon termination of the Service(s) that PROFESSIONAL shall, at the CITY’s
choice, delete or return all personal data to the CITY unless retention of the personal data
is required by law. PROFESSIONAL shall make available to the CITY all information
necessary to demonstrate compliance with the obligations of the Privacy Act.
PROFESSIONAL shall allow for, and contribute to, reasonable audits and inspections by
the CITY or the CITY’s designated auditor.
27. 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.
28. Colorado Open Records Act. The PROFESSIONAL acknowledges the CITY is a
governmental entity subject to the Colorado Open Records Act, C.R.S. § 24-72-200, et
seq. (CORA), and documents in the CITY’s possession may be considered public records
subject to disclosure under the CORA.
29. 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 party that 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 the cause
could not have been reasonably foreseen and guarded against by the affected
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 PROFESSIONAL must
provide notice to the CITY of such condition within ten (10) days from the onset of the
condition.
30. Special Provisions. Special provisions or conditions relating to the Service(s) to be
performed pursuant to this AGREEMENT are set forth in Exhibit [choose one] -
Confidentiality, consisting of [# of Pages], attached hereto and incorporated herein by this
reference.
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31. Order of Precedence. In the event of a conflict or inconsistency within this AGREEMENT,
the conflict or inconsistency shall be resolved by giving preference to the documents in
the following order of priority:
(a) this AGREEMENT (and any written amendment),
(b) Exhibits to this AGREEMENT,
(c) Work Order(s) (and any applicable Change Order), and
(d) the Purchase Order document.
32. Prohibited Terms. Nothing in any Exhibit, Work Order, or other attachment shall be
construed as a waiver of any provision above. Any terms included in any Exhibit, Work
Order, or other attachment that requires the CITY to indemnify or hold PROFESSIONAL
harmless; requires the CITY to agree to binding arbitration; limits PROFESSIONAL’s
liability; or that conflicts with statute, City Charter or City Code in any way, shall be void.
[Signature Page Follows]
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
PROFESSIONAL'S NAME
By:
Printed:
Title:
Date:
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EXHIBIT A
WORK ORDER FORM
PURSUANT TO A MASTER AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
PROFESSIONAL'S NAME
WORK ORDER NUMBER:
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME:
MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date
WORK ORDER COMMENCEMENT DATE:
WORK ORDER COMPLETION DATE:
MAXIMUM FEE: (time and reimbursable direct costs):
PROJECT DESCRIPTION/SCOPE OF SERVICES:
PROFESSIONAL agrees to perform the Service(s) 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 Master Agreement
and this Work Order (including the attached forms) the Master Agreement shall control.
The attached forms consisting of ( ) page(s) are hereby accepted and incorporated
herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this
document.
PROFESSIONAL: Date:
Name, Title
ACCEPTANCE: Date:
Name, Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director
(if greater than $60,000)
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EXHIBIT B
GENERAL SCOPE OF WORK
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EXHIBIT C
CHANGE ORDER
NO.
PROJECT TITLE:
PROFESSIONAL: Company Name
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
PROFESSIONAL: Date:
Name, Title
ACCEPTANCE: Date:
Name, Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director
(if greater than $60,000)
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EXHIBIT D
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.
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EXHIBIT
INSURANCE REQUIREMENTS
The PROFESSIONAL will provide, from insurance companies acceptable to the CITY, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the PROFESSIONAL shall furnish the CITY with certificates of insurance showing the
type, amount, class of operations covered, effective dates and date of expiration of policies.
In case of the breach of any provision of the Insurance Requirements, the CITY, at its option, may
take out and maintain, at the expense of the PROFESSIONAL, insurance as the CITY may deem
proper and may deduct the cost of the insurance from any monies which may be due or become
due the PROFESSIONAL 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
PROFESSIONAL '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 and Employer's Liability. The PROFESSIONAL shall maintain
Workers’ Compensation and Employer’s Liability insurance during the life of this
AGREEMENT for all of the PROFESSIONAL's employees engaged in work performed under
this AGREEMENT. Workers' Compensation and Employer’s Liability insurance shall conform
with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000
disease each employee, or as required by Colorado law.
B. General Liability. The PROFESSIONAL shall maintain during the life of this AGREEMENT
General 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 General Liability, shall
not be less than $1,000,000 combined single limits for bodily injury and property damage.
C. Automobile Liability. The PROFESSIONAL shall maintain during the life of this AGREEMENT
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. Errors and Omissions. The PROFESSIONAL shall maintain errors and omissions insurance
in the amount of $1,000,000.
In the event any work is performed by a subcontractor/subconsultant, the PROFESSIONAL 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.
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EXHIBIT
CONFIDENTIALITY
IN CONNECTION WITH THE SERVICES to be provided by PROFESSIONAL under this
AGREEMENT, the parties agree to comply with reasonable policies and procedures with regard
to the exchange and handling of confidential information and other sensitive materials between
the parties, as set forth below.
1. Definitions.
For purposes of this Agreement, the party who owns the confidential information and is
disclosing same shall be referenced as the “Disclosing Party.” The party receiving the
Disclosing Party’s confidential information shall be referenced as the “Receiving Party.”
2. Confidential Information.
Confidential Information controlled by this Agreement refers to information which is not public
and/or is proprietary and includes by way of example, but without limitation, CITY customer
information, utility data, service billing records, customer equipment information, location
information, network security system, business plans, formulae, processes, intellectual
property, trade secrets, designs, photographs, plans, drawings, schematics, methods,
specifications, samples, reports, mechanical and electronic design drawings, customer lists,
financial information, studies, findings, inventions, and ideas.
To the extent practical, Confidential Information shall be marked “Confidential” or
“Proprietary.” Nevertheless, PROFESSIONAL shall treat as Confidential Information all
customer identifiable information in any form, whether or not bearing a mark of confidentiality
or otherwise requested by the CITY, including but not limited to account, address, billing,
consumption, contact and other customer data. In the case of disclosure in non-documentary
form of non-customer identifiable information, made orally or by visual inspection, the
Disclosing Party shall have the right, or, if requested by the Receiving Party, the obligation to
confirm in writing the fact and general nature of each disclosure within a reasonable time after
it is made in order that it is treated as Confidential Information. Any information disclosed to
the other party prior to the execution of this Agreement and related to the services for which
PROFESSIONAL has been engaged shall be considered in the same manner and be subject
to the same treatment as the information disclosed after the execution of this AGREEMENT
with regard to protecting it as Confidential Information.
3. Use of Confidential Information.
Receiving Party hereby agrees that it shall use the Confidential Information solely for the
purpose of performing its obligations under this AGREEMENT and not in any way detrimental
to Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party
uses with respect to its own proprietary or confidential information, which in any event shall
result in a reasonable standard of care to prevent unauthorized use or disclosure of the
Confidential Information. Except as otherwise provided herein, Receiving Party shall keep
confidential and not disclose the Confidential Information. The CITY and PROFESSIONAL
shall cause each of their directors, officers, employees, agents, representatives, and
subcontractors to become familiar with, and abide by, the terms of this section, which shall
survive this AGREEMENT as an on-going obligation of the Parties.
PROFESSIONAL shall not use such information to obtain any economic or other benefit for
itself, or any third party, other than in the performance of obligations under this AGREEMENT.
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4. Exclusions from Definition.
The term “Confidential Information” as used herein does not include any data or information
which is already known to the Receiving Party or which before being divulged by the
Disclosing Party (1) was generally known to the public through no wrongful act of the
Receiving Party; (2) has been rightfully received by the Receiving Party from a third party
without restriction on disclosure and without, to the knowledge of the Receiving Party, a
breach of an obligation of confidentiality; (3) has been approved for release by a written
authorization by the other party hereto; or (4) has been disclosed pursuant to a requirement
of a governmental agency or by operation of law.
5. Required Disclosure.
If the Receiving Party is required (by interrogatories, requests for information or documents,
subpoena, civil investigative demand or similar process, or by federal, state, or local law,
including without limitation, the Colorado Open Records Act) to disclose any Confidential
Information, the Parties agree the Receiving Party will provide the Disclosing Party with
prompt notice of such request, so the Disclosing Party may seek an appropriate protective
order or waive the Receiving Party’s compliance with this AGREEMENT.
The Receiving Party shall furnish a copy of this AGREEMENT with any disclosure.
6. Notwithstanding paragraph 5, PROFESSIONAL shall not disclose Confidential Information to
any person, directly or indirectly, nor use it in any way, except as required or authorized in
writing by the CITY.
7. Red Flags Rules.
PROFESSIONAL must implement reasonable policies and procedures to detect, prevent and
mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found
at 16 Code of Federal Regulations part 681. Further, PROFESSIONAL must take appropriate
steps to mitigate identity theft if it occurs with one or more of the CITY’s covered accounts and
must as expeditiously as possible notify the CITY in writing of significant breeches of security
or Red Flags to the CITY.
8. Data Protection and Data Security.
In addition to the requirements of paragraph 7, PROFESSIONAL shall have in place
information security safeguards designed to conform to or exceed industry best practices
regarding the protection of the confidentiality, integrity and availability of utility and customer
information and shall have written agreements requiring any subcontractor to meet those
standards. These information security safeguards (the “Information Security Program”) shall
be materially consistent with, or more stringent than, the safeguards described in this Exhibit.
a) PROFESSIONAL’s information security safeguards shall address the following elements:
Data Storage, Backups and Disposal
Logical Access Control (e.g., Role-Based)
Information Classification and Handling
Secure Data Transfer (SFTP and Data Transfer Specification)
Secure Web Communications
Network and Security Monitoring
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Application Development Security
Application Security Controls and Procedures (User Authentication, Security
Controls, and Security Procedures, Policies and Logging)
Incident Response
Vulnerability Assessments
Hosted Services
Personnel Security
b) Subcontractors. PROFESSIONAL may use subcontractors, though such activity shall not
release or absolve PROFESSIONAL from the obligation to satisfy all conditions of this
AGREEMENT, including the data security measures described in this Exhibit, and to
require a substantially similar level of data security, appropriate to the types of services
provided and Customer Data received, for any subcontractor PROFESSIONAL may use.
Accordingly, any release of data, confidential information, or failure to protect information
under this AGREEMENT by a subcontractor or affiliated party shall be attributed to
PROFESSIONAL and may be considered to be a material breach of this AGREEMENT.
9. Confidential Information is not to be stored on any local workstation, laptop, or media such as
CD/DVD, USB drives, external hard drives or other similar portable devices unless the
PROFESSIONAL can ensure security for the Confidential Information so stored. Workstations
or laptops to be used in the Service(s) 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 Service(s) and or AGREEMENT and at any time thereafter unless
specifically authorized by the CITY in writing.
11. If PROFESSIONAL breaches this AGREEMENT, in the CITY’s sole discretion, the CITY may
immediately terminate this Agreement and withdraw PROFESSIONAL’s right to access
Confidential Information.
12. Notwithstanding any other provision of this AGREEMENT, all material, i.e., various physical
forms of media in which Confidential Information is contained, including but not limited to
writings, drawings, tapes, diskettes, prototypes or products, shall remain the sole property of
the Disclosing Party and, upon request, shall be promptly returned, together with all copies
thereof to the Disclosing Party. Upon such return of physical records, all digital and electronic
data shall also be deleted in a non-restorable way by which it is no longer available to the
Receiving Party. Written verification of the deletion (including date of deletion) is to be
provided to the Disclosing Party within ten (10) days after completion of engagement, whether
it be via termination, completion or otherwise.
13. PROFESSIONAL acknowledges that the CITY may, based upon the representations made in
this AGREEMENT, disclose security information that is critical to the continued success of the
CITY’s business. Accordingly, PROFESSIONAL agrees that the CITY does not have an
adequate remedy at law for breach of this AGREEMENT and therefore, the CITY shall be
entitled, as a non-exclusive remedy, and in addition to an action for damages, to seek and
obtain an injunction or decree of specific performance or any other remedy, from a court of
competent jurisdiction to enjoin or remedy any violation of this AGREEMENT.