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HomeMy WebLinkAboutRFP - P1111 AIR CONSITIONING TUNE UP AND QUALITY INSTALLATION PROGRAM (2)rev 01/08 REQUEST FOR PROPOSAL P1111 Air Conditioning Tune-Up and Quality Installation Program Written proposals, six (6) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), March 7, 2008. Proposal No. P1111. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to Project Manager Doug Swartz (970) 221-6719. Questions regarding proposals submittal or process should be directed to Opal F. Dick, CPPO, Senior Buyer (970) 221-6778. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, https://secure2.fcgov.com/bso/login.jsp 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information. 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. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing 2/9/00 P1111 Air Conditioning Tune-Up and Quality Installation Program Summary Fort Collins Utilities (Utilities), a municipal electric utility, is seeking an experienced Service Provider (SP) to deliver a turnkey program that will deliver air conditioner peak electrical demand reductions and energy use savings in both the residential and small commercial sectors. This solicitation will result in a one-year contract that has the potential to be annually renewed for up to five years. Background Fort Collins, Colorado is located near the northern end of the Front Range region of Colorado. The city has a population of about 130,000. It has grown rapidly over the last three decades, though the pace of building has markedly slowed down in recent years. About 600 new housing units were added in 2007. See building permit data in Appendix A. Most homes are heated with natural gas. Fort Collins has a relatively mild climate, logging an average of 6368 HDD and 479 CDD. Design dry-bulb temperatures are 4 oF for heating (99%) and 89 oF for cooling (1%), with a mean coincident summer wet-bulb temperature of 62 oF. Summertime high temperatures are typically in the high 70s to high 80s, with two to three weeks topping 90 oF. There are large diurnal temperature swings. There have been several unusually hot summers since 2001. Until the early 1990s, residential air conditioning (AC) market penetration in Fort Collins was minimal. That has dramatically changed, however, with market penetration growing very rapidly since that time. In 2006, about two-thirds of residential customers had central AC. Most residential AC is provided by central units, with a much smaller penetration of window AC units. See additional AC market research data summarized in Appendix B. Almost all new single- family homes have central AC installed at time of sale. The rapid growth in residential AC has been a significant factor in overall electrical load growth and the shift of peak electrical demand from winter to summer. Fort Collins summer electric peak demand is approximately 300 megawatts. A new home performance study (www.fcgov.com/conservation/pdf/newhome-eval.pdf) evaluated design, construction and performance of homes built in the mid- to late-1990s. Among other things, it documented: Oversized heating equipment and vastly oversized air conditioning equipment; That equipment was installed but rarely tested, with a significant subset operating outside manufacturer specifications; and That equipment was typically coupled with inadequately designed or installed distribution systems, in homes designed and built with little attention to managing heating and cooling loads. These practices led to many unhappy homeowners and significant impacts on the electric system. 2/9/00 In part, these observations reflect that builders and contractors used to installing forced-air heating systems were coming up the learning curve as they began to routinely install AC. An updated new home study is currently in process. Preliminary data suggests that significant AC- related improvements have been made in recently built homes, but that there are still many opportunities for improved performance. No refrigerant charge data has been collected for Fort Collins residential AC systems. No systematic performance data has been collected for small commercial rooftop units. Utilities is working to meet energy-savings and demand-reduction goals in the Electric Energy Supply Policy adopted in 2003 (www.fcgov.com/electric/energy_policy.php). AC is an important target, particularly for summer peak demand reduction. Utilities intends to pursue these AC- related opportunities through a “whole-house” approach that includes several components: Education for consumers, builders, trades Incentives for cooling load reduction Quality design and installation of new or replacement AC systems Tune-up of existing AC systems AC load control This Request for Proposals (RFP) addresses quality installation, AC tune-up and related opportunities in both the residential and small commercial sectors. Additional information relevant to this solicitation includes the following:  Home performance. City of Fort Collins is known for its advocacy and support for improved home performance. It has promoted a whole-house, building-science-based approach toward both new home construction and improvements to existing homes. This has been done via energy codes; training for the building industry; education for consumers and other housing market stakeholders; development of a builder’s guide for energy-efficient design and construction; and sponsorship of Home Performance with ENERGY STAR®. Efforts continue to improve home performance across the board, with the multiple goals of improved comfort, better indoor air quality, enhanced durability and energy savings. Messages focus on installed performance.  Infrastructure. Utilities recognizes the need to increase the capacity of the local building industry and trades to deliver higher quality services than has been the case in the past. Utilities continues to make significant investments in this regard.  Building code. The current City residential energy code is based on the 2003 edition of the International Energy Conservation Code. A requirement of the code is that heating and cooling equipment shall be sized based on building loads calculated in accordance with ACCA Manual J procedures (Section M1401.3). The code also requires that duct systems be sized in accordance with ACCA Manual D (Section M1601.1). The code places more emphasis on tighter ductwork, including a prohibition against using building cavities to convey return air unless a duct leakage test documents a total system leakage of no more than 25% of total system flow (Section N1112.5.3). The current code was adopted in 2004; most of its provisions were implemented in 2005, with load calculation and duct sizing requirements being implemented in 2006.  AC tune-up. Utilities has never sponsored a tune-up program in the past. Xcel Energy, the large utility serving much of Colorado, including electricity to areas adjacent to Fort Collins, 2/9/00 implemented a small-scale residential tune-up program in 2007. Xcel intends to expand the program in 2008.  AC load control. Utilities began a pilot AC load control program in 2007. Comverge Digital Control Units were installed on approximately 40 residential systems. This equipment is controlled via a radio-frequency system that Utilities has operated for many years to control electric water heaters. Utilities intends to initiate a full-fledged program in 2008, targeting an additional 500 customers.  Customer numbers. Utilities has approximately 55,000 residential customers and 5,500 small commercial customers. Program Concept Utilities anticipates implementing a program resembling “AC-tune-up” programs that have been implemented by other organizations over the past decade. This section outlines Utilities’ basic program concept. Respondents will specify their proposed program design in more detail (see Proposal Contents below).  Turnkey program delivery The SP will be responsible for most aspects of program delivery and will serve as the liaison to the HVAC technicians working in the field.  Services Minimum services to be provided as part of this program are: Residential customers: check and correct air flow and refrigerant charge. Commercial customers with packaged rooftop equipment: check and correct air flow, refrigerant charge, economizer operation. Respondents are encouraged to propose additional, enhanced services that could fit well in the program delivery model and that could help to capture other opportunities in support of Utilities’ demand reduction and energy saving goals.  Service Provider roles The minimum roles of the SP include: Recruit HVAC firms Train HVAC technicians Verify that program clients are Fort Collins Utilities electric customers Oversee work done under this program, provide quality assurance Report results of visit to customer Report data from each job to Utilities Pay incentives to participating HVAC firms whose jobs meet program guidelines  Program sponsor roles Utilities anticipates filling the following roles: Provide general marketing / promotion for the program Review any marketing materials developed by SP or contractors that reference program Make customer database available to SP for the purposes of checking eligibility Pay SP for documented completion of program elements  Program benefits 2/9/00 Utilities views this program as a blend of resource acquisition and market transformation, delivering multiple benefits: Utilities: Demand reductions and energy savings toward Electric Energy Supply Policy goals Customers: Lower electric bill, improved comfort, longer equipment life, higher expectations regarding the performance of their AC system. Infrastructure: More highly skilled infrastructure of HVAC contractors and technicians, with higher expectations and standards regarding the performance of AC systems. Hiring Timeline RFP issued Feb 15 Final questions to Utilities Feb 22 Responses to questions Feb 29 Proposals due Mar 7 Proposals reviewed Mar 14 Interviews (if necessary) Mar 25-26 Contractor selected Mar 31 Scope of work negotiated and contract signed, work begins Apr 18 Proposal Contents In all sections below, respondents should outline the proposed core program design and optional enhancements to capture more savings. Clearly state all assumptions. All proposals must be organized in the following format to allow an orderly review and evaluation. Address all aspects of the Program Concept. 1. Statement of understanding of required services 2. Program structure and processes Describe: Services/measures provided to customers (minimum and enhanced services) How the program would be delivered in the following applications: Existing residential AC systems New AC systems in existing homes New home AC installation Existing small commercial AC systems Roles of SP, Utilities, HVAC contractors and technicians Contractor recruitment, training, equipment needs Deliverables Key elements that will help this program succeed 3. Costs Provide the following information on program costs. 2/9/00 Proposed SP compensation: start-up costs and per-unit costs (itemized by measure and in combination, per unit). State clearly what is included in these costs and what is not included. Estimated typical customer costs(i.e. what the customer being served will pay), per unit, by measure and in combination 4. Peak demand reduction and energy savings Document the basis for each of the following projections: Cooling season savings (electric energy and demand), per measure and in combination, per unit Heating season savings, if appropriate for proposed measures (electric energy and demand, natural gas), per unit Annual savings (electric energy and demand, natural gas), per measure and in combination, per unit 5. Participation rates Estimate participation rates and numbers for the following: HVAC contractors Customers, by sector and measure 6. Cost-effectiveness Provide the following figures of merit for residential units, commercial units and the program as a whole. Repeat this for two cases representing these endpoints: (1) Minimum services only; (2) Complete package of proposed enhanced services. Utility Cost of Conserved Energy ($ per kWh) Utility cost of avoided summer peak demand ($ per kW) Demand Side Management cost-effectiveness test costs ($), benefits ($) and ratio. Include results for the Total Resource Cost (TRC), Utility Cost Test (UCT) and Participant Test. State all assumptions for these calculations, such as discount rate, measure life and net-to-gross ratio. Utility wholesale and retail rates are provided in Appendix C. 7. Schedule Show a realistic timeline for start-up phases and ongoing implementation of the program (starting at the date the contract has been executed). Describe any seasonal considerations for any phase of the program. 8. Quality assurance processes Describe processes that will enhance consistency in the quality of work performed in this program and confidence in the delivered savings. 9. Market transformation Describe a multi-year process for implementing and sunsetting this program in a way in which the market will be transformed for the long-term. 2/9/00 10. Staffing Describe each team member’s or subcontractor’s roles and responsibilities in completing the Scope of Work. 11. Qualifications Provide information describing staff capabilities and experience relevant to this project. When citing other projects, describe the specific role played by the bidder. Provide any independent evaluations of a similar program model implemented in other locations. 12. References Provide at least five references, each including name, title, address, phone number and e-mail address of the client’s program manager. The proposed contract between the City of Fort Collins and the successful bidder is attached for reference purposes. 2/9/00 Review and Assessment Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Work Hours Do the proposed cost and work hours compare favorably with the project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? 2/9/00 Reference evaluation (Top Ranked Firm) The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? 2/9/00 Appendix A: Fort Collins Residential Building Permit History, 1977 to 2007 The graph below shows residential permit activity for new residential construction for the past 31 years. 2/9/00 Appendix B: AC Market Research Platte River Power Authority is Utilities’ wholesale power provider. In 2004, 2005 and 2006, Platte River conducted market research among residential customers living in the three Northern Colorado cities that represent most of its load (Longmont, Loveland, Fort Collins). The 2006 data, summarized below, should be a fairly accurate representation of the AC market in Fort Collins). * Q1: The probability of using central AC in the 2004 and 2005 surveys was 56% and 60%, respectively. * Q4: The numbers refer to the percentage of those currently without central AC. This suggests that the market for installing first-time AC systems in existing homes is close to saturation. 2/9/00 Appendix C: Electric Rates Fixed costs are not reflected in the numbers presented here. Charges include all surcharges and taxes.  Wholesale electric rates Peak coincident demand = $12.05 per kW Energy = $0.0170/kWh  Residential energy retail rate (applicable to almost all residential customers): Average blended energy-based charges = $0.0691 per kWh  Small commercial retail rate (applicable to commercial customers with average demand less than 50 kW): average blended energy-based charges = $0.0626 per kWh 2/9/00 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and _____, [insert either a corporation, a partnership or an individual,doing business as _______________, hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of () pages, and incorporated herein by this reference. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of () pages, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence 200 and shall continue in full force and effect until 200, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. . Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. 2/9/00 All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: With Copy to: City of Fort Collins, Purchasing PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $. 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of ($) plus reimbursable direct costs. All such fees and costs shall not exceed ($). Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto 2/9/00 and upon the City's approval of the Professional's actual reimbursable expenses. [Optional] Insert Subcontractor ClauseFinal payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 6. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: Hourly billing rates: Reimbursable direct costs: with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Project Drawings. [Optional]Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable mylar base material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the 2/9/00 owner in and AutoCAD version no older then the established city standard. 9. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 10. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 11. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 12. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. 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. 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event 2/9/00 the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 16. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: a. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “Basic 2/9/00 Pilot Program”) in order to confirm the employment eligibility of all newly hired employees. b. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. d. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. e. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 2/9/00 f. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. g. If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor’s violation of Subsection 8-17.5-102, C.R.S. h. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. 18. Special Provisions. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "", consisting of () pages, attached hereto and incorporated herein by this reference. 2/9/00 THE CITY OF FORT COLLINS, COLORADO By: _________________________________ James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management DATE: ______________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney [Insert Professional's name] or [Insert Partnership Name] or [Insert individual's name] or Doing business as [insert name of business] By: __________________________________ Title: _______________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date: _______________________________ ATTEST: _________________________________ (Corporate Seal) Corporate Secretary 2/9/00 EXHIBIT B INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance.