HomeMy WebLinkAboutRFP - 10142 Solar Photovoltaic Maintenance, Design and Installation On-CallRFP 10142 Solar Photovoltaic Maintenance, Design & Installation On-Call Page 1 of 101
REQUEST FOR PROPOSAL
10142 SOLAR PHOTOVOLTAIC MAINTENANCE, DESIGN AND INSTALLATION ON-CALL
RFP DUE: 3:00 PM MT (Mountain Time), July 25, 2025
The City of Fort Collins is requesting proposals from qualified Photovoltaic (PV) Service Providers
to perform annual inspections, repairs, maintenance, pre-construction, cost estimating, design &
installation services for new and existing PV systems located on multiple City buildings, facilities
& sites.
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 meeting will be held at 10:00 AM MT on July 9, 2025. The pre-proposal
meeting will be hosted on-line via Microsoft Teams. Select or copy/paste the below link into your
browser for access to the meeting. Please be prepared to mute your microphone:
Join the meeting now
Meeting ID: 280 079 667 978 0
Passcode: pM7Gn6Ui
Alternatively, the pre-proposal meeting can be accessed via phone at the below call-in and
conference ID. This option will only allow you to hear the audio presentation.
Dial in by phone
+1 970-628-0892,,676027874# United States, Grand Junction
Find a local number
Phone conference ID: 676 027 874#
All questions should be submitted, in writing via email, to Adam Hill, Senior Buyer at
adhill@fcgov.com, with a copy to Stu Reeve, Project Manager, at sreeve@fcgov.com, no
later than 3:00 PM MT on July 16, 2025. Please format your e-mail to include: RFP 10142 Solar
Photovoltaic Maintenance, Design and Installation On-Call 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.
This RFP has been posted utilizing the following Commodity Code(s):
29010 Cells, Solar (Photovoltaic Cells)
69056 Photo-Voltaic Generating Systems
90628 Energy Conservation, New Energy Sources (Solar, stc.)
Financial Services
Purchasing Division
nd Floor
970.221.6775
fcgov.com/purchasing
RFP 10142 Solar Photovoltaic Maintenance, Design & Installation On-Call Page 2 of 101
91018 Energy Systems, Solar, Installation Services
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded
full and fair opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages
in protected activity. Protected activity includes an employee complaining that he or she has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The City requires its 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. All pricing will be considered public records subject to
disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC
VIEWING” version of the proposal. Failure to provide a public viewing copy will be considered a
waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal
or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement
does not necessarily exempt such documentation from public disclosure if required by CORA, by
order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA, trade
secrets, confidential commercial information and financial data information may not be disclosed
by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By
responding to this RFP, Service Providers hereby waives any and all claims for damages against
the City for the City’s good faith compliance with CORA. All provisions and pricing of any
contract resulting from this request for proposal will be public information.
Service Providers 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.
RFP 10142 Solar Photovoltaic Maintenance, Design & Installation On-Call Page 3 of 101
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected 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 10142 Solar Photovoltaic Maintenance, Design & Installation On-Call Page 4 of 101
I. BACKGROUND & OBJECTIVE / OVERVIEW
Solar Photovoltaic (PV) plays an important role in the City of Fort Collins’ Climate Action
Plan in order to reach carbon neutrality by 2050. The City of Fort Collins is soliciting
proposals from experienced PV Service Providers to perform:
A. Pre-construction design, cost estimating, and installation services for new PV systems,
and
B. On-call annual preventative maintenance inspections and repairs on the City’s existing
PV systems
In addition to general on-call services, the City has identified the first design and installation
project (the first Work Order) to be executed under this agreement:
1. Lincoln Center Photovoltaic System: This project will be an approximately 50 kW/DC
system. Service Provider will provide structural analysis, electrical infrastructure
analysis, most suitable location for the system, permit ready solar PV design, and
estimated cost.
The City intends to enter into a Services Agreement – Work Order Type Agreement with one
or multiple PV Service Providers to perform the described services. At the City’s discretion,
the City reserves the right to request quotes/proposals from as many or few of the Service
Providers selected for individual projects. The Work Order Type Agreement will be a one-
year term, with the option to renew up to an additional four one-year terms. The City of Fort
Collins reserves the right to reject all proposals and re-solicit, if deemed to be in the best
interest of the City.
II. SCOPE OF PROPOSAL
A. Scope of Work
The following is an outline of a general scope of work and may not constitute the full scope
of work. Service Providers shall expand any of the tasks listed below. Additional tasks, if
deemed necessary by the Service Provider, shall be included in their response in order to
achieve all project objectives.
1. Design, Construction and Installation Services
Services shall include, but are not limited to:
a. Provide PV consultation, design services and cost estimating/project budgeting as
requested.
b. Service Provider to pay, complete & pull all Utilities/Building Department permits.
c. Service Provider to provide stamped structural design as needed for roof loads and
structural PV systems as needed. All stamped structural design to be provided to the
City of Fort Collins for their records.
d. Service Provider must ensure all workers are compliant with current fall protection
requirements.
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e. The system shall include all necessary materials and equipment to make it fully
functional. This includes but is not limited to panels, mounting hardware, wiring,
conduit and mounting hardware, inverters, disconnects, etc. as needed.
f. Provide complete installation services for a functional operating system per code.
g. PV monitoring and status via remote access must be provided by the Service
Provider and is included in all projects. Service Provider will submit specifications of
monitoring equipment, infrastructure required to attain monitoring (network drop,
phone line, etc.) and all associated ongoing fees for monitoring to be addressed.
h. Ensure that all Fort Collins Utilities interconnection requirements are met. See below
for the link to the Fort Collins standards and requirements:
https://www.fcgov.com/utilities/img/site_specific/uploads/interconnection_stan
dards.pdf?1732053725
i. Provide warranty information and documentation for all equipment installed.
j. Provide as-built drawings and operation and maintenance manuals for all equipment
installed.
k. Any structural modifications must be completed so as not to void warranties. Any
modifications done shall be reviewed by structural engineer and approved by the
manufacturer/installer representative. Any costs associated with this manufacturer
review shall be paid for by the Service Provider.
l. Service Provider to coordinate with the City of Fort Collins on any work/material that
will be impacted by the new PV system. This includes, but is not limited to, roofing
systems, grass seeding, landscaping, etc.
m. The Service Provider shall pay close attention to fit and finish and
paint/hide/minimize conduit runs exposed on the interior and exterior of the facility.
Inverter location shall be convenient, but not obtrusive. The inverter location shall be
a collaborative decision between the City and the Service Provider as design review
evolves.
n. Project completion dates shall be coordinated on an as-needed basis with each
individual Work Order.
o. The City of Fort Collins will coordinate the Solar Rebate application process with Fort
Collins Utilities.
Construction Requirements:
a. Provide construction services according to the Agreement and contract documents.
b. Provide site security and protection during construction. Provide all site safety
management and compliance with OSHA standards and criteria. Implement a site
safety program that is reported on regularly.
c. Provide for quality control program that meets or exceeds minimum job/contract
document and industry standards. Coordinate and perform all quality control testing
and inspections with the City’s third party inspection vendor. All such tests and
inspections shall be subject to the City’s written review.
d. Meet all licensing requirements as set forth by the City of Fort Collins.
e. Provide services to manage participation in project close out process and needs
during the project warranty period.
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f. The construction team used for the RFP interviews will be the same team used on
the project(s) by the Service Provider. If at any time, the City determines any
members of the construction team have been changed by the Service Provider, the
City reserves the right to terminate the Agreement and proceed with another Service
Provider.
g. At any time, if the City determines that a member of the construction team is not
suited for the work, the City reserves the right to direct Service Provider personnel
changes as needed.
h. The City of Fort Collins has developed a Building Design Standards Manual. Design
will follow these standards unless exempted by the City. This manual is available on-
line and can be viewed at:
http://www.fcgov.com/opserv/design-standards.php
i. Required to complete the City of Fort Collins provided Waste Management Plan
Form (Attachment 1) and follow City of Fort Collins recycling requirements
(Attachment 2).
i. Service Provider will not receive final payment until the Waste Management
Plan has been provided and completed with back-up.
j. Required to provide dumpsters for recycling and to coordinate the location of
dumpster(s) with the City of Fort Collins personnel before construction begins.
k. Service Provider will be required to complete all forms associated with the City of
Fort Collins Utilities Stormwater Management Plan (SWMP) guide (Attachment 3).
i. All forms must be completed and coordinated with the City of Fort Collins as
necessary.
l. Any damage caused to the existing buildings, parking lot, site, & landscaping through
access to the construction area will be at the Service Provider’s expense to repair the
damaged area to existing conditions before the damage occurred.
m. Ensure a clean and safe work site at all times.
n. Required to pull all appropriate State, City, and Fire permits.
o. Service Provide will be required to coordinate all necessary City of Fort Collins
building inspections.
p. Service Provider will be responsible, upon completion of the job, to issue the City of
Fort Collins a Certificate of Occupancy/Letter of Completion before final payment will
be issued.
q. Projects occurring outside the City of Fort Collins City Limits must adhere to local
building requirements and codes, including permitting and inspections.
r. The City of Fort Collins has released smoking restrictions in certain areas. Smoking
on the premises is prohibited. If smoking is necessary, employees can smoke in their
personal vehicles. Please go to: fcgov.com/smokefree for more information.
2. Preventative Maintenance and Repairs:
1. Provide annual inspections, repairs, and maintenance of existing PV systems.
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2. A list of facility locations & installed equipment details, and the anticipated annual
service needs and repair are provided in Table 1 & 2 below.
Table 1. Maintenance Locations & Equipment Details
215 N Mason-5.775 kW/DC (install date January 2011)
• 33 each BP Solar 175 watt modules
• Sunny Boy 6000 US Inverter
• 301 each 345 watt Solarworld modules
• 3 each Solectria Transformerless Inverters
• 126 Rec Solar 400 watt modules
• 2 each Solectria 25 kW-AC String Inverters
• 12 each 327 watt SunPower modules
• 12 each SunPower E20 327 W Micro-Inverters (240 V)
• 276 each 340 watt SunPower modules
• 6 each Fronius Symo Inverters 15.0-3 (208 V)
• 4 each 325 watt Canadian Solar modules
• Combination battery charge controller and Inverter
• 4 each 12 V 287 Ah batteries
• 156 each SunPower X22 360 watt modules
• 1 each SMA Sunny TriPower Core 1 50-US-41 Inverter
• 230 each 235 watt Schott Ploy modules
• PV Powered Model PVP 50kW Inverter (3 phase)
• 126 each 215 watt Kyocera modules
• 40 each 295 watt SunPower modules
• PV Powered model PVP4600 (qty 2) & Powered model PVP30kW Inverters
• 40 each 460 watt SunPower modules
• Fronius IG Plus A 6.0-1 UNI Inverter
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Nix Farm Maintenance Facility-9.8 kW/DC (phase one-install date October 2012)
• 40 each 245 watt Solar World modules
• Fronius IG Plus V 10.0-1 UNI Inverter
• 38 each 285 watt Solar World modules
• 38 each Enphase M250 micro-inverters
• 20 each 460 watt SunPower modules
• 1 each 8,200 W Inverter
• 156 each 460 watt SunPower modules
• 4 each Fonius 15 kW Inverters
• 36 each SunPower 460 watt modules
• 1 each 15 kW Fronius Inverter
• 60 each 280 watt Suniva modules
• 1 each Solectria PVI 14 TL Inverter (208V)
• 90 each 275 watt Solar World modules
• Fronius Symo 22.7 kW Inverter
• 9 each 265 watt Hanwha Qcells modules
• 1 Outback FLEXpowerTWO inverter
• 4 each L-16HCL batteries
Timberline Recycling Center-20.59 kW/DC (install date July 2018)
• 58 each 355 watt SunPower modules
• 2 each Fronius Symo 10.0 Inverters
Water Treatment Plant-101.520 kW/DC (install date January 2012)
• 432 each 235 watt Kyocera modules
• 1 each PVP 100 kW-480 V Inverter
835 Wood Shop and Fuel Canopy-combined 51.84 kW/DC (install date June 2025)
• 128 each 405 watt Q.Peak Duo modules
• 32 each AP Systems QT2 microinverters
RFP 10142 Solar Photovoltaic Maintenance, Design & Installation On-Call Page 9 of 101
Table 2. Annual Service Needs and Repairs Checklist
*Not all tasks may be required for all locations.
A. Service Schedule
Item Service Description Tasks* Frequency /
Preventive Maintenance
1
conditions, PV arrays, electrical equipment,
mounting structure, fence, shading, trackers,
vegetation, animal damage, erosion, corrosion, and
1x per year
2 1x per year
3 1x per year
4 not jammed. 1x per year
5 boxes; tighten connections; report broken terminal 1x per year
6 Check sensors and meters, including pyranometers, 1x per year
7 Record meter readings as available. 1x per year
8 Turn off and on to ensure they are communicating
and ensure battery backups are working. 1x per year
9
necessary), check MOVs, thermal imaging (address
connections and hot spots), inspect DC fans (replace
as necessary), inspect weather stripping (replace as
necessary), inspect AC contactor (replace parts as
necessary), and clean large heat exchanger on 333
1x per year
10 Replace MOXA box and replace blower. Every 10 years
11 Clean inverter cabinet air vents. 1x per year
12 Clean and change inverter air filters per
manufacturer’s warranty requirements. 1x per year
13 Clean and remove dust from inverter heat sinks per 1x per year
14 wiring connections to design specification torque 1x per year
RFP 10142 Solar Photovoltaic Maintenance, Design & Installation On-Call Page 10 of 101
A. Service Schedule
15 properly and not degrading. Reapplication of sealant 1x per year
16 Wash all panels with water with no chemicals in a 1x per year
17 types of circuitry connections: cells on the front and 1x per year
18 as meter readings, thermal images, and system 1x per year
19 Include non-conformance reports to identify potential 1x per year
Service Support
20 Service Provider will make available Technical
Support. Ongoing
21 response to alarms and alerts/service requests Within 2
business days
B. Minimum Qualifications
Qualified Service Providers must be certified through the Colorado Solar & Storage
Association: https://cossa.co/
C. 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: July 2, 2025
• Pre-Proposal Meeting: 10:00 AM MT on July 9, 2025
• Question deadline: 3:00 PM MT on July 16, 2025
• Final Addendum Issued: July 18, 2025
• Proposal due date: 3:00 PM MT on July 25, 2025
• Interviews (tentative): Week of August 4th
• Award of Contract (tentative): Week of August 11th
D. 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.
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Instead of traditional in-person interviews for the optional interview session, the City may
opt to use alternate methods including but not limited to remote interviews through a
platform such as Microsoft Teams.
E. 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.
F. 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”).
G. Current standards
All work and/or materials must meet current standards in force by recognized technical
and professional societies, trade and materials supply associations, institutes and
organizations, bureaus and testing laboratories, and national, federal, state, county, and
local laws, codes and ordinances.
Service Providers must be members of the Colorado Solar Energy Industries Association.
Equipment provided shall meet the Fort Collins Utilities Eligible Equipment List.
https://www.fcgov.com/utilities/business/go-renewable
H. Fees, Licenses, Permits
The successful Service Provider 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.
I. 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).
J. 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. Each Work Order will be
limited to $300,000 unless otherwise authorized by the Director of Purchasing. Any Work
Orders over $100,000 shall also include Performance and Payment Bonds for 100% of
the Work Order. The Service Provider shall provide all personnel, equipment and supplies
necessary to complete the services set forth in the Scope of Work.
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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.
This is an indefinite quantity Work Order contract with no fixed maximum. The City of Fort
Collins makes no guarantee as to the number of Work Orders or actual amount of services
which will be awarded under this contract. The actual amount of work to be performed,
the time of such performance, and the location of work will be determined by the City
Representative, who may issue Work Orders to the Service Provider. The only work
authorized under the Services Agreement is that which is performed after receipt of such
Work Orders.
Development of the Scope of Work: Individual work assignments will be requested and
agreed to utilizing the City’s standard Work Order (included in the agreement). Each Work
Order form must include a start and completion date, total cost and a general summary 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 submitted in the RFP response and
subsequently included in the contract.
No Work Order over $7,500 will be considered valid until signed, at a minimum, by the
Service Provider, 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, project manager
and Purchasing Department representative.
K. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project
Manager. The cost of the work completed shall be paid to the 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 fifty (40) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers and Acknowledgement form). Font shall
be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom.
Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed
pricing. Links to other files or websites shall not be permitted. Proposals that do not conform
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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 of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
B. Service Provider Information
1. Describe your firm’s business and background
2. Number of years in the business
3. An overview of services offered and qualifications
4. Size of the firm
5. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
6. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s). Complete Section V,
Vendor Statement.
7. Confirm that your firm is a member of the Colorado Solar Energy Industries
Association and the equipment provided shall meet the Fort Collins Utilities Eligible
Equipment List.
C. Scope of Proposal
1. Project Understanding: Provide a summary of your team’s understanding of the
project.
2. Project Approach: Describe your recommended approach to achieve each of the
tasks outlined in the Scope of Work described above. The narrative should include
any options that may be beneficial for the City to consider. Responses are
encouraged to think beyond the outlined Scope of Work and provide innovative and
cost-effective ideas to create a successful plan.
3. Describe how the project will be managed and who will have primary responsibility
for the timely and professional completion.
4. Describe the methods and timeline of communication your firm will use with the
City’s Project Manager and other parties.
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D. Firm Capability
Provide relevant information regarding previous experience related to this or similar
Projects, to include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel and subcontractors with titles and their
specific task assignment for this project.
2. Example Projects: Provide a minimum of three similarly sized PV system installations
in the past five (5) years that have involved the staff proposed to work on this project.
Include the size of the system, number of panels, kW/DC of electricity, price and
owner’s contact information (including project name, contact name, title, email and
phone number). Also include any sub-consultants on the team and a brief
description of the work.
3. References (current contact name, current telephone number and email address)
from at least three similar projects with similar requirements that have been
completed within the past five (5) years and that have involved the staff proposed to
work on this project. Provide a description of the work performed. The Service
Provider authorizes the City to verify any and all information contained in the Service
Provider’s submittal from references contained herein and hereby releases all those
concerned providing information as a reference from any liability in connection with
any information they give. References may be taken from the example projects
listed above.
4. Describe your firm’s ability to incorporate other qualified personnel in order to assist
in meeting the project schedule, if required.
E. Assigned Personnel
1. List of Project Personnel: This list should include the identification of the contact
person with primary responsibility for this Agreement, the personnel proposed for this
Agreement, and any supervisory personnel, including partners and/or sub
consultants, and their individual areas of responsibility.
2. Provide a resume for each professional and technical person assigned to the project,
including partners and/or sub consultants. Please limit resumes to one page.
F. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe how your firm strives to be
sustainable. Address how your firm incorporates Triple Bottom Line (TBL) into the
workplace. See Section IV: Review and Assessment for additional information.
If possible, please highlight areas of opportunity in the project where sustainability could
be applied and/or improved.
G. Cost and Work Hours
Provide the following cost information:
1. Design, Construction and installation Services: Provide hourly rates for key
personnel for design services. Provide a detailed description of how project
installation costs and mark-up on materials are determined. Provide hourly rates for
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labor and material as back-up for cost proposals. Describe the impact, if any, of the
proposed use of any federal, state, or local tax incentives or rebates.
2. Preventative Maintenance and Repairs: Provide fully burdened hourly rates for all
personnel for preventative maintenance and repair services. Preventative
maintenance plans and costs will be developed on a per site basis. Provide a
description of the crew size, approach to how preventative maintenance and repairs
would be undertaken, and how costs would be developed. In addition, provide all
direct costs for mileage, materials, and equipment.
3. Lincoln Center (Work Order 1):
a. Provide an estimate of the total available installed capacity of the proposed
equipment at the Lincoln Center. Provide an annual (by month) PV Watts
estimate of the PV systems kWh production. Provide these estimates for all
proposed configurations of panel layout (e.g. all south facing, maximum density
east west configuration).
b. Provide itemized turnkey cost including breakdown for all design, materials, and
installation per the Scope of Work. Service Provider must specify the country of
origin/manufacture for all system components. The City desires to have
American made system components, but may consider components
manufactured outside the USA. Service Provider may provide pricing for either
American made or non-American made components and/or pricing for both.
c. Include any applicable costs for support & maintenance for 5 years of the Lincoln
Center System.
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.
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.
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WEIGHTING
FACTOR CATEGORY STANDARD QUESTIONS
2.0 Scope of Proposal
Does the proposal address all elements of the
RFP? Does the proposal show an
understanding of the project objectives,
methodology to be used and results/outcomes
required by the project? Are there any
exceptions to the specifications, Scope of Work,
or agreement?
2.0 Firm Capability
Does the firm have the resources, financial
strength, capacity and support capabilities
required to successfully complete the project on-
time and in-budget? Has the firm successfully
completed previous projects of this type and
scope? Are other qualified personnel available
to assist in meeting the project schedule if
required?
1.0 Assigned Personnel
Do the persons who will be working on the
project have the necessary skills and
qualifications? Are sufficient people of the
requisite skills and qualifications assigned to the
project?
1.0 Sustainability/TBL
Methodology
Does the firm demonstrate a commitment to
Sustainability and incorporate Triple Bottom Line
methodology in both their Scope of Work for the
project, and their day-to-day business operating
processes and procedures?
4.0 Cost & Work Hours
Does the proposal include a detailed cost break-
down for each cost element as applicable and
are the costs competitive? Do the proposed
costs compare favorably with the Project
Manager's estimate? Are the hourly rates
presented reasonable for the effort required by
each project task or phase, or work order?
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V. ACKNOWLEDGEMENT
This form may not be redlined and must be submitted with your proposal. Failure to adhere
to these requirements may result in your proposal being rejected.
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 10142 Solar Photovoltaic Maintenance, Design and
Installation On-Call 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. Service Provider acknowledges that the City is a governmental entity subject to the
Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals
submitted hereunder are subject to public disclosure by the City pursuant to CORA and
City ordinances. 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. All pricing will be considered public records subject to disclosure under CORA
and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the
proposal. Failure to provide a public viewing copy will be considered a waiver of any claim
of confidentiality under CORA without regard to how the applicant’s proposal or certain
pages of the proposal are marked confidential, proprietary, or similar. Such statement
does not necessarily exempt such documentation from public disclosure if required by
CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally,
under CORA, trade secrets, confidential commercial information and financial data
information may not be disclosed by the City. Proposals may not be marked “Confidential”
or ‘Proprietary’ in their entirety. By responding to this RFP, Service Providers hereby
waives any and all claims for damages against the City for the City’s good faith compliance
with CORA. All provisions and pricing of any contract resulting from this request
for proposal will be public information.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
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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.
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VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
MASTER SERVICES AGREEMENT
WORK ORDER TYPE
This Master Services Agreement (Agreement) made and entered into the day and year set
forth in the Agreement Period section below, by and between THE CITY OF FORT
COLLINS, COLORADO, a Colorado Municipal Corporation (City) and , a(n) (ENTER
STATE) [business type], (Service Provider).
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Service. The Service Provider agrees to provide Services in accordance with any
project Work Orders for 10142 Solar Photovoltaic Maintenance, Design & Installation On-
Call, issued by the City. Such Work Orders will be incorporated into this Agreement. A
blank sample of a Work Order is attached hereto as Exhibit A, consisting of [# of Pages]
and incorporated herein. A general Scope of Services is attached hereto as Exhibit B,
consisting of [# of Pages] and incorporated herein. The City reserves the right to
independently solicit any project rather than issuing a Work Order to the Service Provider
for the same pursuant to this Agreement. Irrespective of references to certain named third
parties within this Agreement or any Work Order, the Service Provider shall be solely
responsible for performance of all duties hereunder. The term Service as used in this
Agreement shall include the Services 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.
2. Work Order Schedule. The Services to be performed pursuant to this Agreement shall be
initiated as specified on each Work Order. Time is of the essence. Any change in schedule
must be agreed upon in writing by the parties via a Change Order.
3. Changes. The City may, at any time during the term of the Agreement, make changes to
the Agreement. Such changes shall be agreed upon in writing by the parties.
4. Agreement Period. This Agreement shall commence , 20(Year) (the Effective Date)
and shall continue in full force and effect until , 20(Year), unless sooner terminated
as herein provided. In addition, at the option of the City, the Agreement may be extended
for additional one (1) year periods not to exceed four (4) additional one-year period(s).
Renewals and pricing changes shall be negotiated by and agreed to by the parties only at
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the time of renewal. Written notice of renewal shall be provided to the Service Provider no
later than thirty (30) days before Agreement end. Should written notice of renewal be
delayed, the parties agree that this Agreement may automatically extend on a month-to-
month basis until a renewal is completed. Upon expiration of the final renewal term, the
Agreement may continue but not to exceed one (1) year if required to complete any active
Work Orders in accordance with Section 8-186 of City Code.
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 Service Provider.
In the event of early termination by the City, the Service Provider shall be paid for Services
rendered to the date of termination, subject only to the satisfactory performance of the
Service Provider’s obligations under this Agreement. Service Provider shall submit a final
invoice within ten (10) calendar days of the effective date of termination. Payment shall be
the Service Provider’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:
Service Provider: City: Copy to:
Attn: Stu Reeve
PO Box 580
Fort Collins, CO 80522
sreeve@fcgov.com
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
All notices under this Agreement shall be written.
7. Compensation. In consideration of the Services to be performed pursuant to this
Agreement, the City agrees to pay the Service Provider [choose one] as designated in
Exhibit D, consisting of [# of Pages], attached and incorporated herein. At the election of
the City, each Work Order may contain a maximum fee, which shall be negotiated by the
parties. Partial payments based upon the Service Provider’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 Service Provider’s City-verified progress in
completing the Service(s) to be performed pursuant to the Work Order and upon approval
of the Service Provider’s direct reimbursable expenses. Payment shall be made following
acceptance by the City of the Services.
Itemized invoices shall be emailed to invoices@fcgov.com with a copy to the City Project
Manager. The cost of the Services completed shall be paid to the Service Provider following
the submittal of a correct itemized invoice by the Service Provider. The City is exempt from
sales and use tax. The City’s Certificate of Exemption license number is 09804502. A copy
of the tax exempt license is available upon written request.
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The City pays undisputed invoices on Net 30 days from the date of the invoice submittal to
the City or, for disputed invoices, Net 30 days from the date of City Project Manager’s
approval.
8. Design and Service Standards. The Service Provider warrants and shall be responsible for
the professional quality, technical accuracy, accessibility requirements under ADA and
Public Accommodations and Technology Accessibility sections below, timely completion
and the coordination of all Services rendered by the Service Provider, and the Project
Instruments as defined in the Project Instruments and License Section below. The Service
Provider shall, without additional compensation, promptly remedy and correct any errors,
omissions, or other deficiencies from such standards.
9. Indemnification. The Service Provider shall indemnify, defend, and hold harmless the City,
and its officers, agents 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 Service Provider 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 fees.
10. Insurance. The Service Provider shall maintain insurance in accordance with Exhibit
[choose one] consisting of [# of Pages], attached hereto and incorporated herein.
11. Appropriation. To the extent this Agreement, or any provision in it, requires payment of any
nature in fiscal years subsequent to the current fiscal year and constitutes a multiple fiscal
year debt or financial obligation of the City, it shall be subject to annual appropriation by the
Fort Collins City Council as required in Article V, Section 8(b) of the City Charter, City Code
Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have
no obligation to continue this Agreement in any fiscal year for which there are no pledged
cash reserves or supporting appropriations pledged irrevocably for purposes of payment
obligations herein. Non-appropriation by the City shall not be construed as a breach of this
Agreement.
12. Project Instruments and License.
a. Upon execution of this Agreement, the Service Provider 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 Services or construction for
the project. In addition, the license granted hereunder shall permit the City and third
parties reasonably authorized by the City to reproduce and utilize the Project
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Instruments for similar projects, provided however, in such event the Service Provider
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
Service Provider shall become the City’s property. The Service Provider shall provide
the City with the Project Instruments in electronic format in a mutually agreed upon file
type.
13. City Project Manager. The City Project Manager will be shown on the specific Work Order
and shall make, within the scope of the City Project Manager’s authority, all necessary and
proper decisions with reference to the Services requested under the applicable Work Order.
All requests for contract interpretation, change orders and other clarification or instruction
shall be directed to the City Project Manager.
The initial City Project Manager for this Agreement is Stu Reeve and can be reached at
sreeve@fcgov.com. The City Project Manager is subject to change by the City.
14. Project Status Report. Project status reports may be required by Work Order and shall be
submitted to the City Project Manager. Failure to provide any required status report may
result in the suspension of the processing of any invoice.
15. Independent Contractor. The Services to be performed by the Service Provider are those of
an independent contractor and not of an employee of the City. The City shall not be
responsible for withholding any portion of the Service Provider’s compensation hereunder
for the payment of FICA, Worker’s Compensation, unemployment insurance, other taxes or
benefits or for any other purpose.
16. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an
Agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
17. Subcontractors/Subconsultants. Service Provider 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 must be a reputable, qualified firm with an established record of
successful performance in its respective trade performing identical or substantially
similar work;
b. the subcontractor will be required to comply with all applicable terms of this Agreement;
c. the subcontract will not create any contractual relationship between any such
subcontractor and the City, nor will it obligate the City to pay or see to the payment of
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any subcontractor; and
d. the work of the subcontractor will be subject to inspection by the City to the same extent
as the work of the Service Provider.
The Service Provider shall require all subcontractor/subconsultants performing Service(s)
hereunder to maintain insurance coverage naming the City as an additional insured under
this Agreement in accordance with Exhibit [choose one]. The Service Provider shall
maintain a copy of each subcontractor’s/subconsultant’s certificate evidencing the required
insurance. Upon request, the Service Provider shall provide the City with a copy of the
certificate(s) within two (2) business days.
The Service Provider shall be responsible for any liability directly or indirectly arising out of
the Services performed under this Agreement by a subcontractor/subconsultant, which
liability is not covered by the subcontractor/subconsultant's insurance.
18. Acceptance Not Waiver. The City 's approval of Project Instruments furnished hereunder
shall not in any way relieve the Service Provider of responsibility for the quality or technical
accuracy of the Services. The City’s approval or acceptance of, or payment for, any of the
Services shall not be construed to operate as a waiver of any rights or benefits provided the
City under this Agreement.
19. Warranty.
a. Service Provider warrants that all Services performed hereunder shall be performed
with the highest degree of competence and care in accordance with accepted
standards for Services of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any Services shall be new and, where not specified, of the most suitable grade of
their respective kinds for their intended use, and all Services shall be acceptable to
City.
c. Service Provider warrants all equipment, materials, labor and other Services, provided
under this Agreement, except City-furnished materials, equipment and labor, against
defects and nonconformances in design, materials and Service quality for the original
manufacturer’s warranty term or a period beginning with the start of the Services and
ending twelve (12) months from and after final acceptance under the Agreement,
whichever is time is longer, regardless of whether the same were furnished or
performed by Service Provider or by any of its subcontractors of any tier. Upon receipt
of written notice from the City of any such defect or nonconformances, the affected
item or part thereof shall be redesigned, repaired or replaced by Service Provider in a
manner and at a time acceptable to City.
20. 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, that party may be declared in default upon notice.
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21. Remedies. In the event a party has been declared in default, that defaulting party shall be
allowed a period of ten (10) calendar days from the date of notice within which to cure said
default. In the event the default remains uncorrected, the party declaring default may elect
to:
a. terminate the Agreement and seek damages;
b. treat the Agreement as continuing and require specific performance; or
c. avail themselves of any other remedy at law or equity.
In the event of a dispute between the parties regarding this Agreement, each party shall
bear its own attorney fees and costs, except as provided for in the Indemnification and
Technology Accessibility sections.
22. Entire Agreement; Binding Effect; Authority to Execute. This Agreement, along with all
Exhibits, Work Orders and other documents incorporated herein, shall constitute the entire
Agreement of the parties regarding this transaction and the matter recited herein. This
Agreement shall 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 the 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.
23. 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 for the District of Colorado. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
24. Prohibition Against Unlawful Discrimination. The Service Provider acknowledges that the
City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.
252, 42 US.C. § 2000d to 2000d-4), C.R.S. § 24-34-401, and any associated State or
Federal laws and regulations, strictly prohibits unlawful discrimination based on an
individual’s gender (regardless of gender identity or gender expression), race, color, religion,
creed, national origin, ancestry, age forty (40) years or older, marital status, disability, sexual
orientation, genetic information, or other characteristics protected by law. Pursuant to City
policy, sexual orientation means a person’s actual or perceived orientation toward
heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful
harassment in the workplace, including sexual harassment. Further, the City strictly prohibits
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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 Service Provider shall 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 at every tier.
25. ADA and Public Accommodations. In performing the Service(s) required hereunder, the
Service Provider 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
Service Provider, or which would be imposed on the City as a public entity.
26. Technology Accessibility. The Service Provider represents that the Project Instruments
hereunder, shall fully comply with all applicable provisions of C.R.S. § 24-85-101, and the
Accessibility Standards for Individuals with a Disability, as established by the State of
Colorado Governor’s Office of Information Technology (OIT) pursuant to C.R.S. § 24-85-103
(2.5), including all updates and amendments to those standards as provided by the OIT.
The Service Provider shall also comply with all State of Colorado technology standards
related to technology accessibility and with Level AA of the most current version of the Web
Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology
standards.
To confirm that the Project Instruments meet these standards, the Service Provider may be
required to demonstrate compliance. The Service Provider shall indemnify, save, and hold
harmless the City against any and all costs, expenses, claims, damages, liability, court
awards and other amounts (including attorney fees and related costs) incurred by the City
in relation to the Service Provider’s failure to comply with C.R.S. § 24-85-101, or the
Accessibility Standards for Individuals with a Disability as established by OIT pursuant to
C.R.S. § 24-85-103 (2.5).
The City may require the Service Provider’s compliance to the State’s Accessibility
Standards to be determined by a third party selected by the City to attest to the Project
Instruments and software compliance with C.R.S. § 24-85-101, and the Accessibility
Standards for Individuals with a Disability as established by OIT pursuant to C.R.S. §
24-85-103 (2.5).
27. Data Privacy. Service Provider will comply with all applicable data privacy regulations and
laws, specifically including Colorado’s Privacy Act C.R.S. § 6-1-1301 (the Privacy Act).
Service Provider shall ensure that each person processing any personal data connected to
the Services is subject to a duty of confidentiality with respect to the data. If applicable,
Service Provider shall require that any subcontractors meet the obligations of Service
Provider with respect to any personal data connected to this Agreement and corresponding
Work Orders. The parties agree that upon termination of the Services that Service Provider
shall, at the City’s choice, delete or return all personal data to the City unless retention of
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the personal data is required by law. Service Provider shall make available to the City all
information necessary to demonstrate compliance with the obligations of the Privacy Act.
Service Provider shall allow for, and contribute to, reasonable audits and inspections by the
City or the City’s designated auditor.
28. 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 and under any other applicable law.
29. Colorado Open Records Act. Service Provider acknowledges that 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. The parties agree that this Agreement, all incorporated Exhibits, and all
future Work Orders, unless specifically marked as Confidential, are considered public
records under the CORA.
30. Delay. Time is of the essence. Subject to the Force Majeure section of this Agreement, if
the Service Provider is temporarily delayed in whole or in part from performing its
obligations, then the Service Provider shall provide written notice to the City within two (2)
business days defining the nature of the delay. Provision of written notice under this Section
shall not operate as a waiver of any rights or benefits provided to the City under this
Agreement.
31. 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 such 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 Service Provider must provide written notice to the City of such
condition within ten (10) days from the onset of such condition.
32. Dust Control. The Service Provider shall abide by the City’s “Dust Control and Prevention
Manual,” which is available for public download at https://www.
fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated
herein by this reference. The City has implemented this manual for all projects performed
for the City or located within Fort Collins city limits.
33. 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,
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consisting of four (4) pages, attached hereto and incorporated herein.
34. 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. The body of 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.
35. 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 Service Provider
harmless; requires the City to agree to binding arbitration; limits Service Provider’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:
SERVICE PROVIDER
By:
Printed:
Title:
Date:
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EXHIBIT A
WORK ORDER FORM
PURSUANT TO A MASTER SERVICES AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
SERVICE PROVIDER
WORK ORDER NUMBER:
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME: 10142 Solar Photovoltaic Maintenance,
Design & Installation On-Call
MASTER SERVICES 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:
Service Provider agrees to perform the Service(s) identified above and on the attached forms in
accordance with and subject to the terms and conditions contained herein and in the Master
Services Agreement (Agreement) between the parties. This Work Order is incorporated into the
Agreement, and the Agreement and all prior amendments or other modifications to the
Agreement, if any, remain in full force and effect. In the event of a conflict between or ambiguity
in the terms of the Agreement and this Work Order (including the attached forms) the Agreement
as set forth in the Order of Precedence section of the Agreement shall control.
Pricing stated on this Work Order shall be consistent with the pricing in the 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 [choose # of pages] are hereby accepted and incorporated
herein and Notice to Proceed is hereby given after all parties have signed this document.
SERVICE PROVIDER: ____________________________ Date: ___________________
Name, Title
ACCEPTANCE: Date:
Stu Reeve, City Project Manager
REVIEWED: Date:
Adam Hill, Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
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EXHIBIT B
GENERAL SCOPE OF SERVICES
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EXHIBIT C
CHANGE ORDER
NO.
PROJECT TITLE:
SERVICE PROVIDER: [Company Name]
WORK ORDER NUMBER:
PO NUMBER:
ORIGINAL BID/RFP NUMBER & NAME:
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/PENDING CHANGE ORDERS .00
TOTAL THIS CHANGE ORDER .00
TOTAL CHANGE ORDER % OF ORIGINAL WORK ORDER %
ADJUSTED WORK ORDER COST $ .00
SERVICE PROVIDER: ____________________________ Date: ___________________
Name, Title
ACCEPTANCE: Date:
Stu Reeve, City Project Manager
REVIEWED: Date:
Adam Hill, 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 [CHOOSE ONE]
INSURANCE REQUIREMENTS
The Service Provider will provide, from insurance companies acceptable to the City, the insurance
coverage designated hereinafter and pay all costs. Before commencing work under this bid, the
Service Provider shall furnish the City with certificates of insurance showing the type, amount,
class of operations covered, effective dates and date of expiration of policies.
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may
take out and maintain, at the expense of the Service Provider, insurance as the City may deem
proper and may deduct the cost of such insurance from any monies which may be due or become
due the Service Provider under this Agreement.
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
Service Provider'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 Service Provider shall maintain Worker’s
Compensation and Employer’s Liability insurance during the life of this Agreement for all of
the Service Provider'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, $500,000 disease aggregate, and $100,000 disease each employee, or as
required by Colorado law.
B. General Liability. The Service Provider 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 Service Provider 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 Service Provider shall maintain errors and omissions insurance in
the amount of $1,000,000.
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EXHIBIT [CHOOSE ONE]
CONFIDENTIALITY
IN CONNECTION WITH THE SERVICES to be provided by Service Provider 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 referenced information and is
disclosing same shall be referenced as the “Disclosing Party.” The party receiving the
Disclosing Party’s information shall be referenced as the “Receiving Party.”
2. Confidential Information.
Confidential Information controlled by this Agreement refers to information that is not public
and/or is proprietary, including but not limited to 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, ideas, City customer identifiable information (including account, address,
billing, consumption, contact, and other customer data), utility metering data, service billing
records, customer equipment information.
To the extent practical, Confidential Information shall be marked “Confidential” or
“Proprietary.” Nevertheless, Service Provider 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 the non-exclusive list of
Confidential Information above. 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
before the execution of this Agreement and related to the services for which Service Provider
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 Confidential Information. The City and Service Provider shall
cause each of their directors, officers, employees, agents, representatives, and
subcontractors to become familiar with, and abide by, the terms of this Exhibit, which shall
survive this Agreement as an on-going obligation of the parties.
Service Provider 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: (a) was generally known to the public through no wrongful act of the
Receiving Party; (b) 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; (c) has been approved for release by a written
authorization by the other party hereto; or (d) has been disclosed pursuant to a requirement
of a governmental agency or by operation of law, subject to Paragraph 5 below.
5. Required Disclosure.
Notwithstanding Paragraph 4(d) above, if the Receiving Party receives a request (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 immediate notice of such request, so the Disclosing
Party may seek an appropriate protective order before disclosure or waive the Receiving
Party’s compliance with this Exhibit.
The Receiving Party shall furnish a copy of this Exhibit with any disclosure.
Notwithstanding this Paragraph 5, Receiving Party shall not disclose Confidential Information
to any person, directly or indirectly, nor use it in any way, except as required by law or
authorized in writing by Disclosing Party.
6. Red Flags Rules.
If applicable, Service Provider must implement reasonable policies and procedures to detect,
prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags
Rules found at 16 Code of Federal Regulations part 681. Further, Service Provider must take
appropriate steps to mitigate identity theft if it occurs with any of the City’s covered information
and must notify the City in writing within twenty-four (24) hours of discovery of any breaches
of security or Red Flags to the City.
7. Data Protection and Data Security.
Service Provider 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 Confidential 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) Service Provider’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
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• 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
• Hosted Services
• Personnel Security
(b) Subcontractors. Service Provider may use subcontractors, though such activity shall not
release or absolve Service Provider 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 Confidential Information received, for any subcontractor Service Provider 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 Service
Provider and may be considered to be a material breach of this Agreement.
8. Information Storage. 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 Service Provider can ensure security for the Confidential Information so
stored. Workstations or laptops to be used in the Services will be required to have personal
firewalls on each, as well as have current, active anti-virus definitions.
9. Continuing Obligation. The agreement not to disclose Confidential Information as set forth in
this Exhibit shall apply during the term of the Services and or Agreement and at any time
thereafter unless specifically authorized by the City in writing.
10. Termination Remedy. If Service Provider breaches any of the terms of this Exhibit, in the City’s
sole discretion, the City may immediately terminate this Agreement and withdraw Service
Provider’s right to access Confidential Information.
11. Return of Information. Notwithstanding any other provision of this Agreement to provide
Project Instruments and work product, all material, i.e., various physical forms of media in
which Confidential Information is stored, 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 return of such materials, 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. Upon Disclosing
Party’s request, 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.
12. Injunctive Relief. Service Provider Receiving Party acknowledges that the Disclosing Party
may, based upon the representations made in this Agreement, disclose security information
that is critical to the continued success of the Discloser’s business. Accordingly, Receiving
Party agrees that the Disclosing Party does not have an adequate remedy at law for breach
of this Agreement and therefore, the Disclosing Party shall be entitled, as a non-exclusive
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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.
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EXHIBIT
PERFORMANCE AND PAYMENT BONDS
PERFORMANCE BOND
Bond No __
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (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 Agreement with the OWNER, dated the day of , 2 , for 10142 Solar
Photovoltaic Maintenance, Design and Installation On-Call 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 Number , dated the day of , , 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 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 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
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
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.
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IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, 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 Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
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PAYMENT BOND
Bond No __
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (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 Agreement
with the OWNER, dated the day of , , for 10142 Solar Photovoltaic Maintenance, Design and
Installation On-Call, 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 Number , dated the day of , , 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, and corporations
furnishing materials for or performing labor in the prosecution of the Work provided for in such Work Order and
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 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 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 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.
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IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, 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 Agreement. If CONTRACTOR is Partnership, all
partners should execute Bond.
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EXHIBIT
GENERAL CONDITIONS
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SECTION 00800
SUPPLEMENTARY CONDITIONS
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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-1.46 Work Order
A. Add the following new paragraph immediately after paragraph 1.43 of the General
Conditions:
1.43 Work Order - A Contract Document once executed by OWNER and
CONTRACTOR, that provides for the construction of all or a portion of the
Work, pursuant to the Agreement and Contract Documents.
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. Unless otherwise agreed by the parties, the
CONTRACTOR shall be responsible for documenting the meeting minutes
which shall be subject to the OWNER’S approval.
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:
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.
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
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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 in paragraphs 5.4.1 through 5.4.10 of the General
Conditions are as outlined in Section 00630 of the Agreement.
The limits of liability for the insurance required by paragraphs 5.4.1 through 5.4.6
inclusive and requirements of 5.4.7 through 5.4.10 shall be in accordance with
Section 00630 of the Agreement.
SC-8.0 Owner’s Responsibilities
A. 8.1 Change reference to ENGINEER to PROJECT MANAGER
B. Add the following language to ARTICLE 8:
8.10. The OWNER will provide a project manager (the 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 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 Construction Inspector(s) (CI) 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 CI assignments. The CI shall not
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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 CI will not be responsible for
CONTRACTOR's failure to perform or furnish the Work in accordance with the
Contract Documents. The CI'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 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 5 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 of the General Conditions.
Lost days due to abnormal weather conditions will be allocated as required. Should there be a
day with abnormal weather conditions, Contractor and the City Project Manager will consult,
before start of Work, and determine whether Work should begin or not, documenting the decision
in writing. In the event the parties mutually agree to suspend Work due to weather, the Project
Schedule may be extended on a day for day basis equivalent to the period of time the Work was
suspended for weather.
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 . . .
SC-Confidentiality
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or relate
to the City or its employees, customers or suppliers, which access is related to the performance
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of services that the Service Provider has agreed to perform, the Service Provider hereby
acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Service Provider
agrees to treat as confidential (a) all information that is owned by the City, or that relates to the
business of the City, or that is used by the City in carrying on business, and (b) all information
that is proprietary to a third party (including but not limited to customers and suppliers of the City).
The Service Provider shall not disclose any such information to any person not having a legitimate
need-to-know for purposes authorized by the City. Further, the Service Provider shall not use
such information to obtain any economic or other benefit for itself, or any third party, except as
specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have
no obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this
Agreement to anyone to whom it is required to make such disclosure and shall promptly advise
the City in writing of each such disclosure.
In the event that the Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider shall promptly return to the City any and all
information described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Service Provider understands and agrees that the City’s remedies at law for a breach of the
Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that
the City shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.