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HomeMy WebLinkAboutBID - 10243 Transformer RepairBID 10243 Transformer Repair Page 1 of 33 INVITATION TO BID 10243 TRANSFORMER REPAIR BID OPENING: 3:00 PM MT (our clock), December 8th, 2025 The City of Fort Collins is requesting bids from qualified Vendors for the transportation, materials, labor and equipment to repair distribution transformers per specification no. 368-595 As part of the City’s commitment to Sustainable Purchasing, electronic bid submission is preferred. Bids shall be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Please note: submitting bids through RMEPS may need additional time for completion. Bids not submitted by the designated Opening Date and Time will not be accepted by the system. The City encourages all disadvantaged business enterprises to submit bid in response to all invitations to bid. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Public Bid Opening: Bid opening will be conducted shortly after 3:00 PM MT on December 8th, 2025. Bid openings will be conducted by videoconference. At said place and time, and promptly thereafter, all Bids that have been duly received will publicly opened and read aloud. To access the Bid opening, please follow the link: Microsoft Teams Meeting Bid Opening 10243- Transformer Repair | Meeting-Join | Microsoft Teams Meeting ID: 226 637 469 913 25 Passcode: YC2ih3n8 Any additional questions should be submitted, preferably in writing via email, to Moutaz “Taz” Badawi, Buyer II, at abadawi@fcgov.com with a copy to Project Manager, Cody Snowdon at csnowdon@fcgov.com, no later than 3:00 PM MT (our clock) on December 1st, 2025. Please format your e-mail to include: Bid 10243 Transformer Repair 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 Bid may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d- 4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 fcgov.com/purchasing BID 10243 Transformer Repair Page 2 of 33 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 Vendor 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 Vendor and their subcontractors/subconsultants at every tier. Colorado Open Records Act: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any bid submitted hereunder is subject to public disclosure by the City pursuant to CORA and City ordinances. All submitted bids, Bid Forms, and the awarded contract will be considered public records subject to disclosure under CORA. By responding to this Bid, Contractor hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. Special Instructions: All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of ninety (90) days after bid openings. Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the Vendor. Any proposed modification must be accepted in writing by the City prior to award of the bid. Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly identified by the bid number and bid name contained in the bid proposal. No bid will be accepted from, or any purchase order awarded, to any person, firm or corporation in default on any obligation to the City. Bids must be furnished exclusive of any federal excise tax, wherever applicable. Vendors must be properly licensed and secure necessary permits wherever applicable. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. Sales Prohibited/ Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, BID 10243 Transformer Repair Page 3 of 33 material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Freight Terms: Unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Collusive or Sham Bids: Any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. 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. Vendor Registration: The City requires a new Vendor receiving awards from the City to submit IRS form W-9 and requires all Vendors 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. Bid results are posted online at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Gerry Paul Purchasing Director BID 10243 Transformer Repair Page 4 of 33 CITY OF FORT COLLINS GENERAL INFORMATION The City of Fort Collins Utilities is requesting bids for the transportation, materials, labor and equipment to repair distribution transformers specification no. 368-595. The City of Fort Collins Utilities stocks five types of transformers, pole mounted overhead units, modified overhead units for underground installation, single phase submersible units for underground installation, single phase pad-mounted units and three phase pad-mounted units. Vendor must be qualified and capable of repairing the five types of transformers. Schedule The following represents the City’s target schedule for the bid. The City reserves the right to amend the target schedule at any time. • Bid issuance: November 17th, 2025 • Question deadline: 3:00 PM MT on December 1st, 2025 • Bid Opening Date: 3:00 MT (our clock) on December 8th, 2025. Method of Award The City reserves the right to split the bid award in whatever percentages are most advantageous to the City. Award(s) from this bid will be based primarily on lowest bid price as well as the maintenance and support plan costs over five (5) years. Delivery lead times, details of the maintenance & support plans and exceptions taken will also be considered. Future orders may be authorized, at the option of the City, from this bid for a period of five years after bid closing date. Satisfactory pricing and delivery are required for future orders based on this bid. Agreement The awarded Vendor will receive a Purchase Order from the City authorizing work under this Agreement. Vendor should not begin any Work prior to receipt of the Purchase Order. The awarded Vendor is also expected to sign the City’s standard Services Agreement, a sample of which is attached. The Agreement will be effective for a period of one year. At the option of the City, the Agreement may be extended for up to an additional four (4) one-year periods. Renewals and pricing changes shall only be negotiated and agreed to by both parties at least thirty (30) days prior to Agreement expiration. Written notice of renewal shall be provided to the Vendor and mailed no later than thirty (30) days prior to the Agreement expiration date. Invoices & Payments Invoices should be emailed monthly or after a shipment to invoices@fcgov.com with a copy to the Project Manager. The cost of the item(s) delivered shall be paid to the Vendor each month following the submittal of a correct invoice. Vendor should include Purchase Order Number and a detailed description of item(s) on each invoice submitted. The City pays invoices on Net 30 terms. BID 10243 Transformer Repair Page 5 of 33 Fees, Licenses, Permits The successful Vendor shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. Laws and Regulations 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. The Contractor 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). The Contractor further agrees to comply fully with the Occupational Safety and Health Act, all regulations issued there under, and all state laws and regulations enacted and adopted pursuant thereto. Insurance Vendor is responsible for providing the City with insurance as required in the attached Agreement. Warranty Vendor warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with delivery and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Vendor or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Vendor in a manner and at a time acceptable to City. Delivery Delivery of all items shall be to: City of Fort Collins Warehouse 700 Wood Street Fort Collins, CO 80521 Freight terms: F.O.B. destination freight prepaid. All freight charges must be included in pricing submitted on the Bid Schedule, and not entered as separate pricing. Any surcharges or additional costs shall be noted & included in proposed pricing. BID 10243 Transformer Repair Page 6 of 33 CITY OF FORT COLLINS BID SUBMITTAL INSTRUCTIONS The following items must be provided in the bid submittal package: 1) Completed Bid Submittal Form, consisting of Seven (7) pages, including: • Bid Schedule • Experience & References List, providing documentation of at least three (3) reference projects. • List of Subcontractors to be used on project (if applicable) • Acknowledgement. • Specification Bid Submittal Forms. 2) An overview of your company, a list of essential equipment that will be used, and a description of the means and methods for completing services. Failure to submit any of the above may result in your bid being considered non-responsive. 10243 TRANSFORMER REPAIR BID SUBMITTAL FORM BID 10243 Transformer Repair Page 7 of 33 VENDOR NAME: SUBMITTAL DATE: A. BID SCHEDULE ADD PRICING, LEAD TIME 10243 TRANSFORMER REPAIR BID SUBMITTAL FORM BID 10243 Transformer Repair Page 8 of 33 B. EXPERIENCE & REFERENCES LIST PROJECT #1 Project Name: Project Type: Location: Contract Amount: $ Client: Contact Name: Title: Phone: Email: Start Date: Completion Date: Was the Project completed on time? Yes No If no, please describe: Was the Project completed within the original budget? Yes No If no, please describe: Additional information: 10243 TRANSFORMER REPAIR BID SUBMITTAL FORM BID 10243 Transformer Repair Page 9 of 33 PROJECT #2 Project Name: Project Type: Location: Contract Amount: $ Client: Contact Name: Title: Phone: Email: Start Date: Completion Date: Was the Project completed on time? Yes No If no, please describe: Was the Project completed within the original budget? Yes No If no, please describe: Additional information: 10243 TRANSFORMER REPAIR BID SUBMITTAL FORM BID 10243 Transformer Repair Page 10 of 33 PROJECT #3 Project Name: Project Type: Location: Contract Amount: $ Client: Contact Name: Title: Phone: Email: Start Date: Completion Date: Was the Project completed on time? Yes No If no, please describe: Was the Project completed within the original budget? Yes No If no, please describe: Additional information: PLEASE NOTE: THE CITY RESERVES THE RIGHT TO REQUEST AND CONTACT ADDITIONAL REFERENCES. 10243 TRANSFORMER REPAIR BID SUBMITTAL FORM BID 10243 Transformer Repair Page 11 of 33 C. SCHEDULE OF SUBCONTRACTORS Please list all subcontractors and their corresponding Work items in the space below. If not applicable, please note “N/A”. ITEM SUBCONTRACTOR 10243 TRANSFORMER REPAIR BID SUBMITTAL FORM BID 10243 Transformer Repair Page 12 of 33 D. ACKNOWLEDGEMENT This form may not be redlined and must be submitted with your bid. Vendor hereby acknowledges receipt of the City of Fort Collins Bid and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in 10243 Transformer Repair except as otherwise noted. Additionally, Vendor 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 Vendor’s knowledge and belief. b. Vendor 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. Vendor further agrees that the method of award is acceptable. e. Vendor also agrees to complete the proposed Notice of Award (NOA) with the City of Fort Collins within 10 days of notice of award. If NOA is not completed and signed within 10 days, City reserves the right to cancel and award to the next highest rated firm. f. Vendor acknowledges receipt of addenda. g. Vendor acknowledges no conflict of interest. h. Vendor 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 bid submitted hereunder is subject to public disclosure by the City pursuant to CORA and City ordinances. All submitted bids, Bid Forms, and the awarded contract will be considered public records subject to disclosure under CORA. By responding to this Bid, Vendor hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: ALL BID SUBMITTAL FORM PAGES MUST BE COMPLETED, SIGNED WHERE REQUIRED & RETURNED WITH YOUR BID PROPOSAL PACKAGE. 10243 TRANSFORMER REPAIR BID SUBMITTAL FORM BID 10243 Transformer Repair Page 13 of 33 ________ SPECIFICATIONS THE CITY OF FORT COLLINS UTILITIES Electric Department P.O. Box 580 Fort Collins, CO 80522 SPECIFICATION NO: 368-595 Transformer Repair Digitally signed by Jim Spaulding Date: 2018.06.12 15:47:25 -06'00' UPDATED BY: Standards Engineer APPROVED BY: _ Digitally signed by Kraig Bader Date: 2018.07.13 1_3_:01_:1_1 _-0_6'0_0_' Standards Engineering Manager DATE ORIGINATED: August 23, 1990 DATE REVISED: June 12, 2018 Rev. E BID 10243 Transformer Repair Page 14 of 33 Revision Record REVISION DESCRIPTION CHANGE NOTICE MODIFIED BY: Rev. A: • Cover page: add dates and file name • Para. 3.2: change from 2 to 4 yr renewal • Para. 3.3: Add "in case of conflict" statement • Add Para. 3.5, Payment • Para. 4.1: Add right to refuse uncertified PCB- free units • Para. 4.2: Split minor repairs and rewind into separate paragraphs • Bid proposal forms: Ed. Sagen/Coram 3/17/93 Rev. B: • Scanned and converted to electronic document • Reformat Tables in Bid schedules Kraig Bader April 22, 2003 Rev. C: • Changed single phase padmount color from “Silver green, Munsell 7.56Y 7/2” to “Equipment Green, Munsell 9GY 1.5/2.6 Kraig Bader 07 January 2009 Rev. D: • Added our single phase submersible transformer to the specification and Bid Proposal Forms • Added clause that reserves the right to a facility inspection upon award of the bid and at any other time deemed necessary by the City • Added an extensive Quality Control section (3.6) including organizational and technical requirements for the bidders to comply with. • Secondary bushings included in the replacement parts shall be thermoplastic material, not thermoset • Included the Suggested Bidder List attachment in a new Appendix A. Added Brandon & Clark as a Suggested Bidder • Reformatted Section 4.2 for clarity and material requirements Adam Bromley Kraig Bader 11 May 2011 Rev. E BID 10243 Transformer Repair Page 15 of 33 Rev. E: • Updated signature lines and titles Jim Spaulding • Added dimensional drawings and tank faceplate bushing configuration details for pad-mounted transformers on Bid Proposal Forms: Schedules III & IV • Added paragraph 2.1.5 requiring bidders to complete a table (available in Appendix B) listing transformers and related work their facilities can perform • Added 3.6.7 as a requirement to send approval drawings to StandardsEngineering@fcgov.com for any transformer re-tanking work to be performed • Added Appendix B – Transformer Repair Work Facility Capability with a table for bidders to specify which types of transformers their facilities can repair (i.e., able or unable to repair welded tanks on modified overheads?). This will allow bids to be awarded to appropriate bidders based on their repair capabilities Rev. E BID 10243 Transformer Repair Page 16 of 33 TABLE OF CONTENTS 1. SCOPE... ................................................................................................................................. 9 2. BID REQUIREMENTS ............................................................................................................. 9 2.1. REQUIRED INFORMATION .............................................................................................. 9 2.2. MINOR REPAIR ................................................................................................................. 9 3. GENERAL REQUIREMENTS .................................................................................................. 9 3.1. WARRANTY ...................................................................................................................... 9 3.2. CONTRACT EXTENSION ............................................................................................... 10 3.3. WITHDRAWAL OF CONTRACTUAL AWARD ................................................................ 10 3.4. SHIPMENT ...................................................................................................................... 10 3.5. PAYMENT ........................................................................................................................ 10 3.6. QUALITY CONTROL ....................................................................................................... 10 4. TECHNICAL REQUIREMENTS ............................................................................................ 11 4.1. OIL ................................................................................................................................... 11 4.2. REPAIR AND TEST ....................................................................................... ……………11 APPENDIX A – SUGGESTED BIDDERS LIST .......................................................................... 13 APPENDIX B – FACILITY TRANSFORMER REPAIR WORK CAPABILITY ............................ 14 BID PROPOSAL FORM: SCHEDULE I-A .................................................................................. 15 BID PROPOSAL FORM - SCHEDULE I-B ................................................................................. 16 BID PROPOSAL FORM -SCHEDULE II-A ................................................................................. 17 BID PROPOSAL FORM -SCHEDULE II-B ................................................................................. 18 BID PROPOSAL FORM - SCHEDULE III ................................................................................... 19 BID PROPOSAL FORM - SCHEDULE IV ................................................................................... 20 BID PROPOSAL FORM - SCHEDULE V .................................................................................... 23 BID PROPOSAL FORM - SCHEDULE VI ................................................................................... 24 BID SUBMITTAL FORM - ACKNOWLEDGEMENT .................................................................... 25 Rev. E BID 10243 Transformer Repair Page 17 of 33 SPECIFICATION FOR TRANSFORMER REPAIR 1. SCOPE This specification establishes the minimum requirements for a blanket order for providing transportation, materials, labor, and equipment to repair distribution transformers. The City of Fort Collins Utilities stocks five types of transformers, pole mounted overhead units, modified overhead units for underground installation, single phase submersible units for underground installation, single phase pad-mounted units and three phase pad-mounted units. The contractor must be able to repair all types, see attached Bid Proposal Forms. 2. BID REQUIREMENTS 2.1. Required Information 2.1.1. Prices shall be broken down by KVA and transformer type, see attached Bid Proposal Forms. 2.1.2. A price list showing the discount schedule for the City for both new and reconditioned parts must accompany the bid. 2.1.3. A description of the paint system used shall be included with the bid. 2.1.4. A list of at least three references, including phone number and name of contact must accompany the bid. Also, list any manufacturers for whom you do warranty work. Please include the approximate number of transformers your firm repairs in a year. 2.1.5. Completed table listed in Appendix B detailing the bidder’s facility capabilities for performing repair work on transformers listed in Bid Proposal Forms: Schedule I-A through Schedule V 2.2. Minor Repair 2.2.1. Minor repair shall be bid as a fixed charge plus parts and oil. Minor repair shall include, but is not limited to, the items listed under Technical Requirements. 2.2.2. Rewinding If rewinding is required in addition to minor repair, City approval must be obtained prior to the commencement of actual work. Rewinding will be considered on a case by case basis. Should the City choose not to have the transformer repaired, and the repair shop will not accept the transformer in exchange for the labor expended to discover the need to rewind, the inspection fee must be included in the bid. Rev. E BID 10243 Transformer Repair Page 18 of 33 3. GENERAL REQUIREMENTS 3.1. Warranty A minimum eighteen-month warranty on labor and parts is required. Warranty period and procedure shall be included in the bid proposal. 3.2. Contract Extension Contract may be extended for four years under the same terms and conditions upon agreement of the Contractor and the City, subject to satisfactory negotiations 60 (sixty) days prior to expiration of each annual contract. 3.3. Withdrawal of Contractual Award Purchase order is contingent on conformance with these specifications and attachments. In case of conflict, the requirements of the following documents shall apply in the priority shown: a) This Specification b) Applicable industry standards c) Purchase order terms and conditions The City reserves the right to perform a facility inspection upon award of contract or at any time after award of the contract. The City also reserves the right to perform or witness any of the quality control procedures, tests, or inspections where, in the sole opinion of the City, such inspections are deemed necessary. The City reserves the right to cancel the purchase contract at any time, if in the sole opinion of the City, the product, service or delivery does not meet specifications, even if non-conforming material or service has previously been accepted. At the discretion of the City, a supplier providing non-conforming material or service may be removed from the Approved Suppliers list for an indefinite re-evaluation period of not less than three years. 3.4. Shipment Bid pricing shall include pickup and delivery at the City's Warehouse facility. The minimum number of transformers per pick up must be stated in the bid. Thirty (30) day turnaround is required for non-emergency repair. Emergency repair turn around will be determined at the time repair is requested. Any extra charges for emergency turn around must be included in the bid. 3.5. Payment Payment will be made in accordance with Purchase Order Terms and Conditions. The repair facility shall furnish certified copies of the results of tests prior to payment. Copies shall be sent with each transformer at delivery as well as with the invoice. Unsigned copies are not acceptable even if accompanied by a signed cover letter. Work shall not be considered complete until certified test reports are received. 3.6. Quality Control 3.6.1 It is preferred that the Bidder’s repair facility have an electronic work order management system that maintains customer transformer information, tracks a transformer’s progress through the various stages of repair, and keeps track of work performed to each unit. Bidder shall describe in the bid their process or system for work order tracking and management and how each Rev. E BID 10243 Transformer Repair Page 19 of 33 transformer unit is entered into that system. 3.6.1.1 Electrical testing of transformers, core and coil repair and/or re- winding, and any kind of welding, shall be done in separate, isolated areas of the plant to avoid contamination or damage to the units under repair. A description of the bidder’s facility shall be included in the bid and shall state how these processes are protected from each other. 3.6.2 Bidder should have a documented policy on its repair and re-wind procedures. Bidder shall state in the bid their repair and re-wind procedures for transformer core and coil. This shall include, but is not limited to: 3.6.2.1 The type of paper used in coil winding, 3.6.2.2 The standard oven temperature and bake time for core and coil dryout, 3.6.2.3 How long after baking until the tank is filled with oil, and 3.6.2.4 The method in which the tank is filled with oil. 3.6.3 Bidder’s repair facility should have a procedure for leak testing any units before they are shipped back to the user. Visual inspection alone is NOT considered an acceptable means of leak testing. Bidder shall state in the bid, their current procedure or practice for leak testing of transformers. 3.6.4 If the Bidder’s facility accepts and/or repairs transformers that are PCB contaminated, the facility shall have a procedure for prevention of cross- contamination between PCB and non-PCB oil. The Bidder shall state in the bid whether it accepts and/or repairs PCB contaminated units and if so, shall include their cross-contamination procedure. 3.6.5 The Bidder shall state in bid whether an Environmental Audit has been performed on the Bidder’s facility and property. If an audit has been performed, the findings of that audit shall be briefly explained and included in the bid. 3.6.6 The bidder shall provide approval drawings prior to work performed relating to re-tanking of ALL transformers. The approval drawings shall include dimensional annotations and bushing configurations that meet the requirements as specified in the Bid Proposal Forms: Schedule IA through Schedule V. If no specific dimensions are outlined in the Bid Proposal Forms: Schedule IA through Schedule V, dimensions of enclosures and bushing arrangements must meet their respective and current IEEE transformer standard dimensional details and bushing configuration arrangements. Approval drawings shall be sent to StandardsEngineering@fcgov.com. 4. TECHNICAL REQUIREMENTS 4.1. Oil Oil shall meet the requirements of ASTM D3487 and ANSI/IEEE C57.106. Oil and oil handling equipment shall be certified PCB free and certification must accompany delivery. The City reserves the right to refuse any unit(s) not certified Rev. E BID 10243 Transformer Repair Page 20 of 33 PCB free. 4.2. Repair and Test 4.2.1. Minor repairs shall include, but are not limited to: 4.2.1.1. Complete external and internal inspection. 4.2.1.2. Diagnosis, including testing as required. 4.2.1.3. Replacement parts shall be: 4.2.1.3.1. Electrically equivalent and visually acceptable 4.2.1.3.2. Secondary bushings on modified overhead and submersible transformers shall be of thermoplastic material (bushings manufactured using a thermoset material will not be accepted). 4.2.1.3.3. Overcurrent protection devices on rectangular horizontal submersible transformers shall be Cooper Power Systems Magnex interrupter 4.2.1.3.4. Overcurrent protection devices on modified overhead units and round-tank submersible shall be secondary breakers. 4.2.1.4. Repair leaks. 4.2.1.5. Bake core and coil. 4.2.1.6. Oil filtration for water and carbon removal. Add oil as needed, charged at prevailing price at time of shipment. Oil must be certified PCB free, and such certification must accompany delivery. 4.2.1.7. Tank painted to our specification listed in Bid Proposal Forms, repainting of the transformer number; custom NEMA safety tag will be replaced by the City. 4.2.1.8. Testing, including full voltage, core and coil losses, insulation hi-pot to ground, transformer turns ratio, megger testing, dielectric withstand strength of oil. 4.2.1.9. Complete certified test report must accompany each unit at delivery. 4.2.2. Rewinds shall include, but are not limited to, the technical requirements identified in section 4.2.1 in addition to rewinding of the coil. Rev. E BID 10243 Transformer Repair Page 21 of 33 APPENDIX A – SUGGESTED BIDDERS LIST Betz Transformer 320 Industrial Ave Olathe, CO 81425 Brandon & Clark, Inc. 4605 Locust Ave Lubbock, TX 79404 H&H Transformers 8075 Pontiac St Commerce City, CO 80037 Jerry's Electric PO Box 209 Colman, SD 57017 Solomon Electric Supply P.O. Box 245 Solomon, KS 67480 T&R Service Company 310 West Highway 34 Colman, SD 57017 U.S. Transformer 3770 Poleline Road Pocatello, Idaho 83201 Rev. E BID 10243 Transformer Repair Page 22 of 33 APPENDIX B – FACILITY TRANSFORMER REPAIR WORK CAPABILITY (BID SUBMITTAL FORM) OVERHEAD TRANSFORMERS PAD-MOUNTED TRANSFORMERS SUBMERSIBLE TRANSFORMERS FACILITY NAME: DATE: FILLED OUT BY: CONTACT INFO: SCHEDULE TYPE ( "X" IF COMPLIANT OR "NA" IF NON-COMPLIANT) (COMPLIANT ONLY IF ALL KVA RATINGS BY SCHEDULE TYPE I-A I-B II-A II-B III IV V WELDED JOINTS (ALL TYPES OF WELDING OF DRAWING Rev. E BID 10243 Transformer Repair Page 23 of 33 BID PROPOSAL FORM: SCHEDULE I-A (BID SUBMITTAL FORM) OVERHEAD TRANSFORMERS, minor repair - (includes modified units for underground vault installation) Paint requirement: light grey, ANSI No. 70, Munsell 50G 7.0/0.4 Voltage: 7620 volt, 95 BIL transformers Rev. E BID 10243 Transformer Repair Page 24 of 33 BID PROPOSAL FORM - SCHEDULE I-B (BID SUBMITTAL FORM) OVERHEAD TRANSFORMERS, minor repair - (includes modified units for underground vault installation) Paint requirement: light grey, ANSI No. 70, Munsell 50G 7.0/0.4 Voltage: 7620/13200 x 2400/4160Y transformers Rev. E BID 10243 Transformer Repair Page 25 of 33 BID PROPOSAL FORM - SCHEDULE II-A (BID SUBMITTAL FORM) OVERHEAD TRANSFORMERS, rewind in addition to minor repair - (includes modified units for underground vault installation) Paint requirement: light grey, ANSI No. 70, Munsell 50G 7.0/0.4 Voltage: 7620 volt, 95 BIL transformers Rev. E BID 10243 Transformer Repair Page 26 of 33 BID PROPOSAL FORM - SCHEDULE II-B (BID SUBMITTAL FORM) OVERHEAD TRANSFORMERS, rewind in addition to minor repair - (includes modified units for underground vault installation) Paint requirement: light grey, ANSI No. 70, Munsell 50G 7.0/0.4 Voltage: 7620/13200 x 2400/4160Y transformers Rev. E BID 10243 Transformer Repair Page 27 of 33 BID PROPOSAL FORM - SCHEDULE III (BID SUBMITTAL FORM) PAD-MOUNTED TRANSFORMERS Single Phase Paint Requirement: Equipment Green, Munsell 9GY 1.5/2.6 Voltage 7620 volt, 95 BIL transformers, 120/240 secondary, with taps: Rev. E BID 10243 Transformer Repair Page 28 of 33 BID PROPOSAL FORM - SCHEDULE IV (BID SUBMITTAL FORM) PAD-MOUNTED TRANSFORMERS Three phase, loop feed except as noted Paint requirement: Desert tan, Munsell 10YR 6.0/3.0 Voltage: 7620 volt, 95 BIL transformers, with taps: KVA Rev. E BID 10243 Transformer Repair Page 29 of 33 Rev. E BID 10243 Transformer Repair Page 30 of 33 Rev. E BID 10243 Transformer Repair Page 31 of 33 BID PROPOSAL FORM - SCHEDULE V (BID SUBMITTAL FORM) SUBMERSIBLE TRANSFORMERS (includes round tank and horizontal rectangular tank designs) Single Phase Paint Requirement: Light grey, ANSI No. 70, Munsell 50G 7.0/0.4 Voltage 7620 volt, 95 BIL transformers, 120/240 secondary: BID 10243 Transformer Repair Page 32 of 33 BID PROPOSAL FORM - SCHEDULE VI (BID SUBMITTAL FORM) Would your firm accept transformers in exchange for any labor expended prior to discovery of need to rewind if rewind option is not accepted by City? Yes _________________ No _________________ $ __________________ inspection fee if rewinding not approved BID 10243 Transformer Repair Page 33 of 33 SAMPLE SERVICES AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN) Services Agreement RFP/BID [ # & Title] Page 1 of 17 Official Purchasing Document Last updated 4/2025 SERVICES AGREEMENT This 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 Services. The Service Provider agrees to provide Services in accordance with the Scope of Services (Services) attached hereto as Exhibit A, consisting of [# of Pages] and incorporated herein. Irrespective of references to named third parties in this Agreement and its Exhibits, the Service Provider shall be solely responsible for performance of all duties hereunder. 2. 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. 3. 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-year periods not to exceed [choose one] additional one-year period(s). Renewals and pricing changes shall be negotiated by and agreed to by both parties only at the time of renewal. Written notice of renewal shall be provided to the Service Provider no later than thirty (30) days prior to Agreement end. 4. 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 such termination. 5. 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: Services Agreement RFP/BID [ # & Title] Page 2 of 17 Official Purchasing Document Last updated 4/2025 Attn: Email Address City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 Email Address City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com All notices under this Agreement shall be written. 6. Compensation. In consideration of the Services to be performed pursuant to this Agreement, the City agrees to pay the Service Provider [on a time and reimbursable direct cost basis] [a fixed fee in the amount of ???? ($????)] in accordance with Exhibit [choose one], consisting of [# of Pages], attached and incorporated herein. Monthly partial payments based upon the Service Provider's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Service Provider's City- verified progress in completing the Services to be performed pursuant hereto and upon the City's approval of the Service Provider 's actual reimbursable expenses. Final payment shall be made following acceptance by the City of the Services. 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 license is available upon written request. The City pays undisputed invoices on Net 30 days from the date of the invoice submittal to the City or, for disputed invoices, Net 30 days from the date of City Project Manager’s approval. 7. 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. 8. Indemnification. The Service Provider shall indemnify, defend, and hold harmless the City and its officers and employees, to the maximum extent permitted under Colorado law, against and from any and all actions, suits, claims, demands, or liability of any character whatsoever claimed by the Service Provider or third parties against the City arising out of or related to this Agreement (including but not limited to contract, tort, intellectual property, accessibility, or otherwise). This obligation extends to reimbursement of the City's defense costs and reasonable attorney’s fees. 9. Insurance. The Service Provider shall maintain insurance in accordance with Exhibit [choose one] consisting of [# of Pages], attached and incorporated herein. Services Agreement RFP/BID [ # & Title] Page 3 of 17 Official Purchasing Document Last updated 4/2025 10. Appropriation. To the extent this Agreement or any provision in it. requires payment of any nature in fiscal years subsequent to the current fiscal year and constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by Fort Collins City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which there are no pledged cash reserves or supporting appropriations pledged irrevocably for purposes of payment obligations herein. Non-appropriation by the City shall not be construed as a breach of this Agreement. 11. 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 deliverables (Project Instruments), in any form whatsoever and in any medium expressed, for purposes of constructing, using, maintaining, altering and adding to the project, provided that the City substantially performs its obligations under the Agreement. The license granted hereunder permits the City and third parties reasonably authorized by the City to reproduce applicable portions of the Project Instruments for use in performing the Services or construction for the project. In addition, the license granted hereunder shall permit the City and third parties reasonably authorized by the City to reproduce and use the Project Instruments for similar projects, provided however, in such event the 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 of each invoice, associated 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. 12. City Project Manager. The City will designate, before commencement of the Services, the City Project Manager who will make, within the scope of their authority, all necessary and proper decisions with reference to the Services provided under this Agreement. All requests for contract interpretations, change order, and other clarification or instruction shall be directed to the City Project Manager. The initial City Project Manager for this Agreement is [Enter Name] and can be reached at [Enter Email] or [Enter Phone]. The City Project Manager is subject to change by the City. 13. Project Status Report. Project status reports may be required by Exhibit A – Scope of Services and shall be submitted to the City Project Manager. Failure to provide any required status report may result in the suspension of the processing of any invoice. 14. 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 Services Agreement RFP/BID [ # & Title] Page 4 of 17 Official Purchasing Document Last updated 4/2025 responsible for withholding or remitting any portion of Service Provider's compensation hereunder or any other amounts on behalf of Service Provider for the payment of FICA, Workmen's Compensation, unemployment insurance, other taxes or benefits or f or any other purpose. 15. 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. 16. Subcontractors/Subconsultants. Service Provider may not subcontract any of the Services without the prior written consent of the City, which shall not be unreasonably withheld. If any of the Services are subcontracted hereunder (with the consent of the City), then the following provisions shall apply: a. the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work; b. the subcontractor will be required to comply with all applicable terms of this Agreement; c. the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor; and d. the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 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. 17. 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 to the City under this Agreement. 18. Warranty. a. Service Provider warrants that all Services performed hereunder shall be performed with Services Agreement RFP/BID [ # & Title] Page 5 of 17 Official Purchasing Document Last updated 4/2025 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 must be of a quality 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. 19. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this Agreement, that party may be declared in default upon notice. 20. Remedies. In the event a party has been declared in default, that defaulting party shall be allowed a period of ten (10) calendar days from the date of notice within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to: a. terminate the Agreement and seek damages; b. treat the Agreement as continuing and require specific performance; or c. avail themselves of any other remedy at law or equity. In the event of a dispute between the parties regarding this Agreement, each party shall bear its own attorney fees and costs, except as provided for in the Indemnification and Technology Accessibility sections. 21. Entire Agreement; Binding Effect; Authority to Execute. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties regarding this transaction and the matter recited herein. This Agreement supersedes any prior Agreements, promises, or understandings as to the matter recited herein. The Agreement shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. In the event of a conflict between terms of the Agreement and any exhibit or attachment, the terms of the Agreement shall prevail. Each person executing this Agreement affirms that they have the necessary Services Agreement RFP/BID [ # & Title] Page 6 of 17 Official Purchasing Document Last updated 4/2025 authority to sign on behalf of their respective party and to bind such party to the terms of this Agreement. 22. Law/Severability. The laws of the State of Colorado and the City of Fort Collins Charter and Municipal Code shall govern the construction, interpretation, execution, and enforcement of this Agreement —without regard to choice of law or conflict of law principles. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the City subsequently agrees in writing that the matter may be heard in federal court, venue will be in U.S. District Court for the District of Colorado. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, that holding shall not invalidate or render unenforceable any other provision of this Agreement. 23. Use by Other Agencies. The City reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts (collectively Agency) to use the City’s award determination to the Service Provider. Use by any other Agency shall not have a negative impact on the City in the current term or in any future terms. Nothing herein shall be deemed to authorize or empower the Agency to act as an agent for the City in connection with the exercise of any rights hereunder, and neither party shall have any right or authority to assume or create any obligation or responsibility on behalf of the other. The other Agency shall be solely responsible for any debts, liabilities, damages, claims or expenses incurred in connection with any Agreement established between them and the Service Provider. The City’s concurrence hereunder is subject to the Service Provider’s commitment that this authorization shall not have a negative impact on the Services to be completed for the City. 24. Prohibition Against Unlawful Discrimination. The 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 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. Pursuant to City policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that 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 Services required hereunder, the Service Provider agrees to meet all requirements of the Americans with Disabilities Act of Services Agreement RFP/BID [ # & Title] Page 7 of 17 Official Purchasing Document Last updated 4/2025 1990, C.R.S. § 24-85-101, and all applicable rules and regulations (ADA), and all applicable Colorado public accommodation laws, which are imposed directly on the 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 attorneys’ 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. 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 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. Services Agreement RFP/BID [ # & Title] Page 8 of 17 Official Purchasing Document Last updated 4/2025 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 and all incorporated Exhibits, unless specifically marked as Confidential, are considered public records under the CORA. 30. Delay. Time is of the essence. Subject to Force Majeure, 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 notice to the City of such condition within ten (10) calendar days from the onset of such condition. 32. Dust Control. The Service Provider shall abide by the City of Fort Collins “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 Services to be performed pursuant to this Agreement are set forth in Exhibit [choose one] - Confidentiality, consisting of four (4) pages, 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, and c. The Purchase Order document. 35. Prohibited Terms. Nothing in any Exhibit or other attachment shall be construed as a waiver of any provision above. Any terms included in any Exhibit or other attachment that requires Services Agreement RFP/BID [ # & Title] Page 9 of 17 Official Purchasing Document Last updated 4/2025 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] Services Agreement RFP/BID [ # & Title] Page 10 of 17 Official Purchasing Document Last updated 4/2025 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER By: Printed: Title: Date: Services Agreement RFP/BID [ # & Title] Page 11 of 17 Official Purchasing Document Last updated 4/2025 EXHIBIT A SCOPE OF SERVICES Services Agreement RFP/BID [ # & Title] Page 12 of 17 Official Purchasing Document Last updated 4/2025 EXHIBIT [CHOOSE ONE] 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. 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. Services Agreement RFP/BID [ # & Title] Page 13 of 17 Official Purchasing Document Last updated 4/2025 E. Cybersecurity. The Service Provider shall maintain cybersecurity insurance in the amount of $5,000,000. Services Agreement RFP/BID [ # & Title] Page 14 of 17 Official Purchasing Document Last updated 4/2025 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 sens itive 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 the 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. Services Agreement RFP/BID [ # & Title] Page 15 of 17 Official Purchasing Document Last updated 4/2025 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 Services Agreement RFP/BID [ # & Title] Page 16 of 17 Official Purchasing Document Last updated 4/2025 • 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 requ ired 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 cop ies 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 Services Agreement RFP/BID [ # & Title] Page 17 of 17 Official Purchasing Document Last updated 4/2025 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.