Loading...
HomeMy WebLinkAboutRFP - 7657 ATHLETIC FIELD LIGHTING (3)RFP 7617 Athletic Field Lighting Page 1 of 35 REQUEST FOR PROPOSAL 7657 ATHLETIC FIELD LIGHTING The City of Fort Collins is requesting proposals from qualified firms to establish a work order system for replacing, repairing, maintaining, and controlling the ballfield lighting systems at multiple City parks and similar work for other City departments. Proposals submission via email is preferred. Proposals shall be submitted n Microsoft Word or PDF format and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, five (5) copies, 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), June 25, 2014 and referenced as Proposal No. 7657. If delivered, they are to be sent to 215 North Mason Street, 2 nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. The City encourages all disadvantaged business enterprises to submit proposals in response to all requests for proposals and will not be discriminated against on the grounds of race, color, national origin for all proposals for negotiated agreements. Questions concerning the scope of the project should be directed to Project Manager, Jill Wuertz at (970) 416-2062 or jwuertz@fcgov.com. Questions regarding bid submittal or process should be directed to John Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 or jstephen@fcgov.com. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement 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. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 7617 Athletic Field Lighting Page 2 of 35 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, Gerry S. Paul Director of Purchasing & Risk Management RFP 7617 Athletic Field Lighting Page 3 of 35 REQUEST FOR PROPOSALS 7657 Athletic Field Lighting SECTION 1. GENERAL INFORMATION A. About the Requesting Agency In November 2010, Fort Collins voters passed a sales tax to fund critical services for the community. This tax provides funding for lifecycle improvements within the Fort Collins Parks Department. The Parks Lifecycle program, initiated in 1993, supports repair and renovation of over 1,000 varied Park assets within many different component categories including: hardscapes, buildings, fields, trails, courts, structures, playgrounds, irrigation, medians, water, ADA improvements, and miscellaneous park components. Fort Collins Parks Department maintains ballfield lighting systems at City Park (2 fields), Edora Park (2 fields), Fossil Creek Park(2 fields), Lee Martinez Park (2 fields) and Rolland Moore Park (4 fields). Additional fields are also currently in planning stages. This proposal seeks to establish a work order system for replacing, repairing, maintaining and controlling these light systems. Standards for the execution of this work order system are provided within specifications in this document. The following chart lists possible work orders that the Fort Collins Life Cycle program is considering. Year Park Scope Status 2014 Edora Park – East Ballfield Full Replacement Provision, delivery, installation and warranting of field lighting and controls for the east ballfield in Edora Park. Construction to begin Oct 1, 2014 and be completed prior to 2015 ballfield permitting season (March 15, 2015). Fully funded 2015 Edora Park – West Ballfield Full Replacement Provision, delivery, installation and warranting of field lighting and controls for the west ballfield in Edora Park. Construction to begin either spring or fall prior to ballfield permitting season. 2015 or 2016 Rolland Moore Relamping with 10 year warranty and installation of wireless control system on 4 ballfields 2016 or 2017 City Park North Relamping with 10 year warranty and Installation of wireless control system on 1 ballfield 2016 or 2017 City Park South Upgrading to intercollegiate level play light levels and relamping with 10 year warranty and Installation of wireless control system on 1 ballfield 2017 or 2018 Lee Martinez Relamping with 10 year warranty and Installation of wireless control system on 2 ballfields 2018 or 2019 Fossil Creek Addition of parking lot lighting to controls system RFP 7617 Athletic Field Lighting Page 4 of 35 B. Purpose of Solicitation In this Request for Proposals (“RFP”), The City of Fort Collins is seeking Service Providers capable of providing, delivering, installing and warranting field lighting and controls for Fort Collins Park sites (“Project”). This contract may be used by other City Departments. • This RFP will define the performance and design standards for a lighting project. It will establish a work order system for contracting various forms of lighting replacement, repair, maintenance and controls. • The first project (Edora Ballfield east field lighting) is currently funded and will be bid as part of this RFP process. It shall be the responsibility of the general contractor and lighting manufacturer to supply the lighting equipment that meets the criteria contained within this RFP and to install the lighting system in accordance with all applicable national, state, and local codes. It is essential that the Service Provider have the ability to deliver the equipment per the general contractor’s instructions for delivery to occur between October 1, 2014 and March 15, 2015. Time is of the essence in this Project. SECTION 2. GENERAL REQUIREMENTS 2.1 SCOPE FOR FULL BALLFIELD REPLACEMENT Responsibility may be distributed as determined by team. The following gives a guideline only for distributing work. Service Provider/Contractor Responsibility A. Electrical Drawings in compliance with national, state and local codes as well as Fort Collins Building, Design and Construction Standards. B. Geotechnical/Soils Report comprised of 4 sample test pits C. Confirm Voltage, Phase, and Capacity of the existing electrical service. D. Confirm that there is adequate capacity to serve the new lighting system from the main service transformer to the service entrance panel. If not, rectify with Fort Collins Utilities. E. Replace existing service entrance panel board and ensure adequate capacity and over-current protection to supply the new lighting system and existing lighting system on west field. Provide 480 Volt,, 3 phase power to minimize distribution losses. F. Confirm Voltage and Phase with fixture manufacturer before releasing order for production. G. Disconnect all power and utilities to existing poles. H. Remove existing luminaires from each pole (before or after poles are removed depending on how poles are lowered). RFP 7617 Athletic Field Lighting Page 5 of 35 I. Provide cost option for removing and disposing of existing poles and all existing fixtures. (Poles must be recycled or given away for non-structural applications). J. Locate all underground utilities and facilities. K. Trench and install Schedule 40 conduit from service entrance panel board to pole locations. Trenches shall be back-filled with excavated soil and compacted to approximately the same density of the surrounding soil to minimize settlement. L. Install new copper wiring from service entrance panel board to electrical components enclosure(s) on poles. All circuits shall be sized so as not to exceed a 3% voltage drop at each pole enclosure. M. Receive and unload lighting system poles, fixtures, and balance of system components. N. Assemble all pole components (pole sections, fixture mounting hardware and wiring harnesses, and electrical distribution gear) as directed in manufacturer instructions. O. Complete pole installation per engineered foundation drawings and specifications, and manufacturer instructions, including but not limited to: boring specified hole, setting and aligning poles, and backfilling with concrete pour. P. Land all electrical connections. Q. Coordinate and complete system startup with manufacturer. R. Complete final aiming of all fixtures with factory representative. S. Complete as-built utility drawing in both AutoCAD (or original drawing program) and pdf file types. Manufacturer Responsibility A. Provide: 1. Dark Sky Compliant Pole and luminaire layout 2. Lighting photometric analysis 3. Power demand documentation 4. Controls circuiting 5. Product submittals 6. Stamped drawing for engineered foundation 7. Installation instructions 8. Field Aiming Diagram B. Manufacture lighting system and deliver to job site, including: RFP 7617 Athletic Field Lighting Page 6 of 35 1. Concrete foundations 2. Galvanized steel poles 3. Metal halide sports lighter luminaires 4. All conductors from the pole top luminaires to the ballast enclosures at base of poles 5. Controls and monitoring cabinet(s) 6. Electrical Enclosures and Surge Protection for Above C. Complete final aiming of all fixtures with contractor and owner’s representative at night. D. Monitor system performance and provide all service maintenance and parts required to guarantee operation and performance of stated lighting levels for a period of 25 years. 2.2 SCOPE FOR RELAMPING, 10 YEAR WARRANTY AND CONVERSION TO WIRELESS CONTROLS SYSTEM A. Up to 2 days for Service Provider to inspect/install all fixtures for loose or damaged parts. Includes all equipment necessary to perform (ex. Lift, etc.) B. Group relamp of all fixtures with like lamps. Includes replacing lamps, cleaning lenses and reflectors, light level survey, old lamp disposal. C. Inspection of pole harnesses ensure that pole cap and hand hole covers are installed. D. 10 Year Warranty that includes: a. One complete re-lamp of the facility, including lamps, labor and lift at the end of the warranty period. b. All labor and materials to maintain the operation of the lighting system for a period of 10 years or until the system reaches 3000 hours, whichever comes first. c. Toll free, direct access to warranty specialists. d. Individual lamp outages would be repaired when the usage of the afield is materially impacted. Exclusions are vandalism, major storms or lightning, or failure of owner’s electrical service. E. Control/Monitoring system retrofit a. Includes cost of all controls/monitoring equipment b. Installation of system, including activation and testing of system to ensure all units are fully functional and operational. c. 10 year parts and labor warranty on all equipment d. Wireless control system that includes RFP 7617 Athletic Field Lighting Page 7 of 35 i. 24/7 toll free access to scheduling operators ii. Scheduling website iii. Website training for scheduling staff 2.3 INQUIRIES All questions regarding the RFP must be addressed in writing, via email, to the Project Manager. Statements made by the City Project Manager are not binding unless confirmed in writing via an addendum. Contact with other City staff may result in Service Provider disqualification. SECTION 3. PROPOSAL PROCESS AND REQUIREMENTS 3.1 SCHEDULE This RFP initiates a competitive sealed proposal solicitation open for submittal and subsequent evaluation and award of contract in accordance with the schedule below. Consultant Selection Process: • Final Day for Questions: June 17, 2014 (5:00 pm) • Proposals Due: June 25, 2014 (3:00 pm) • Shortlist by: June 27, 2014 • Interviews: TBD The project schedule dates listed in italics above are approximate and may change. 3.2 PROPOSAL SUBMITTAL REQUIREMENTS Proposals shall conform to the following requirements: (1) Proposals shall be typed and prepared in a simple, economical manner. (2) Proposals shall not exceed 20 single-sided, 8-1/2 x 11-inch, white paper pages regardless of the text equivalency in page length), including pictures, charts, graphs, tables and text. The following are excluded from the 20-page limit: transmittal letter, resumes of the proposed key individuals, updated Service Provider Profile, and Service Provider Certifications. These items are to be appended at the end of the Proposal. (3) Use no less than a 12-point font and no less than 1-inch margins for the text portion of the Proposals. The City reserves the right to reject proposals that are deemed illegible or too difficult to read. 3.3 SITE ASSESSMENT RFP 7617 Athletic Field Lighting Page 8 of 35 Service Providers shall examine the Project site(s) before submitting a Proposal. The currently occupied premises at the Project site are open for examination by Service Providers. SECTION 4. PROPOSAL EVALUATION PROCESS 4.1 GENERAL INFORMATION This section describes the criteria by which Proposals will be evaluated and the selection process of the highest ranked Service Provider. A selection committee will evaluate Proposals for conformity with stated submittal requirements, and content and quality of the responses, as called for in Sections 4.02 and 4.03 herein. The City intends to award the contract to the Service Provider that: • Presents the best capabilities, approach and value to provide the required product and services as outlined in this RFP; and • Best demonstrates its understanding of athletic field lighting as evidenced by the quality of the suggested services. 4.2 EVALUATION SCORING MATRIX Cost will be a significant consideration, but not the only factor, in the Proposal evaluation and selection process. It is in the interest of the Service Provider to provide a clear and complete Proposal which presents thorough responses and demonstrates both technical and economic advantages. Creative, informative and expert ideas, thoughts and input are sought. All Proposals will be evaluated by the selection committee based on the following criteria: Evaluation Criteria Points 1. Cost for Project Services 40 2. Experience / Other Installations 20 3. Product Support Capabilities Including Monitoring/Control system 20 4. Life Cycle Costs 20 TOTAL 100 Responsive Proposals shall include all the information required below. 1. Cost for Project Services (40 Points) a. The maximum guaranteed price for providing and delivering athletic field lighting services. Costs should be based on information contained within this RFP and attached specifications. • Cost for full ballfield replacement for small field (90’/270’/275’/270’) • Cost for full ballfield replacement for large field (90’/333’/375’/333’) RFP 7617 Athletic Field Lighting Page 9 of 35 • Cost for small field relamping, 10 year warranty and conversion to wireless controls system. • Cost for large field relamping, 10 year warranty and conversion to wireless controls system. • Cost for Edora East Ballfield full replacement, conversion to control system and 25 year warranty. • Cost by hour for Lighting technician that can perform maintenance related activities on lighting • Daily lift charge • 1500 watt Metal Halide Straight Lamp cost including lamp disposal b. The Service Provider’s pricing methodologies. 2. Experience (20 Points) Describe your firm’s history. Identify the firm’s success with installation of field lighting systems in Colorado with similar specification requirements and schedule. Identify your firm’s principal office location(s), include information identifying annual volume, and financial capabilities. Identify which projects(s) you have previously completed successfully, if any, that are similar to this project in terms of size, complexity, and scheduling. 3. Product Support Capabilities Including Monitoring/Control System (20 Points) a. Submit product support plan or multiple support plan options, outlining how your organization will provide long term support for the City. b. Submit client list with comparable product support and 5 client references. c. Submit annual cost schedule for various support options identified. 4. Life Cycle Costs (20 Points) a. Submit completed table of 25 Year Life-cycle Operating Costs located in specifications for small field and large field. 4.3 REFERENCE EVALUATION (TOP RATED 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? RFP 7617 Athletic Field Lighting Page 10 of 35 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? RFP 7617 Athletic Field Lighting Page 11 of 35 BID SCHEDULE ITEM PRICE UNIT Cost for full ballfield replacement for small field (90’/270’/275’/270’) PER FIELD (LS) Cost for full ballfield replacement for large field (90’/333’/375’/333’) PER FIELD (LS) Cost for small field relamping, 10 year warranty and conversion to wireless controls system. PER FIELD (LS) Cost for large field relamping, 10 year warranty and conversion to wireless controls system. PER FIELD (LS) Cost for Edora East Ballfield full replacement, conversion to control system and 25 year warranty. PER FIELD (LS) Cost by hour for Lighting technician that can perform maintenance related activities on lighting PER HOUR Daily lift charge PER DAY 1500 watt Metal Halide Straight Lamp cost including lamp disposal EA RFP 7617 Athletic Field Lighting Page 12 of 35 Vendor Statement I have read and understand the specifications and requirements for this bid and I agree to comply with such specifications and requirements. I further agree that the method of award is acceptable to my company. I also agree to complete a Services Agreement with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. FIRM NAME: ADDRESS: CITY, STATE, ZIP: EMAIL ADDRESS: PHONE: BIDDER’S NAME: SIGNATURE: Compensation and Contract Process A. After contract award, progress invoices shall be billed in monthly installments, subject to review and approval by the City’s Project Manager. City payment terms will be Net 30 Days from receipt of invoice. B. The selected Service Provider shall be expected to sign the City’s standard Professional Services Agreement prior to commencing Services (see sample attached to this Proposal). C. The City reserves the right to award directly as a result of the written proposals. The City may or may not opt to conduct secondary evaluations. D. The City reserves the right to negotiate with any vendor as meets the needs of the City. The City reserves the right to reject any or all proposals, and to waive any irregularities. RFP 7617 Athletic Field Lighting Page 13 of 35 EXHIBIT A TECHNICAL SPECIFICATIONS SECTION 16526 – SPORTS FIELD LIGHTING RFP 7617 Athletic Field Lighting Page 14 of 35 PART 1 – GENERAL 1.1 SUMMARY A. Work covered by this section of the specifications shall conform to the contract documents, engineering plans as well as state and local codes. B. The purpose of these specifications is to define the performance and design standards for Fort Collins Parks Department. The manufacturer / contractor shall supply lighting equipment to meet or exceed the standards set forth by the criteria set forth in these specifications. C. The primary goals of this sports lighting project are: 1. Life Cycle Cost: In order to reduce the operating budget, the preferred lighting system shall be energy efficient and cost effective to operate. All maintenance costs shall be eliminated, and the field(s) should be proactively monitored to detect fixture outages over a 25 year life cycle. 2. To allow for optimized use of labor resources and avoid unneeded operation of the facility, customer requires a remote on/off control system for the lighting system. All communication costs shall be included in the bid. 3. Environmental Light Control: These fields are located in the City of Fort Collins. As of January 1, 2012, per IRC Sec. R 326.1, all exterior lighting fixtures shall have the “Fixture Seal of Approval” form the International Dark- Sky Association or meet equivalent criteria. (http://www.fcgov.com/building/pdf/green-lighting.pdf ) 4. Spill control: A fixture shall provide the necessary footcandles while minimizing glare and spill light. ) Light levels measured twenty (20) feet beyond the property line of the development site (adjacent to residential uses or public rights-of-way) shall not exceed one-tenth (0.1) foot-candle as a direct result of the on-site lighting. 5. Guaranteed Light Levels: Selection of appropriate light levels impact the safety of the players and the enjoyment of spectators. Therefore the lighting system shall be designed such that the light levels are guaranteed for a period of 25 years. 1.2 Related Documents A. The Contractor shall furnish and install all equipment, wiring and material required for the installation of the specified system. Any and all material and equipment necessary for the proper operation of the system not specified or described herin shall be deemed part of these specifications and drawings. 1.3 LIGHTING PERFORMANCE RFP 7617 Athletic Field Lighting Page 15 of 35 A. Performance Requirements: Playing surfaces shall be lit to a target light level and uniformity as specified in the chart below or above. Light levels shall be held guaranteed for 25 years. Lighting calculations shall be developed and field measurements taken on the grid spacing with the minimum number of grid points specified below. Measured average illumination level shall be +/- 10% of predicted mean in accordance with IESNA RP-6-01, and measured at the first 100 hours of operation. Light levels shall be guaranteed not to drop below desired target values from the first 100 hours of operation for the maximum warranty period of 25 years or 10,000 hours. Area of Lighting Target average Light Levels Maximum to Minimum Uniformity Ratio Grid Points Grid Spacing City Park South College Level 70 footcandles–infield 2.0 : 1.0 96 30’ x 30’ 50 footcandles–outfield 2.5 : 1.0 Baseball Field 50 footcandles-Infield 2.0 : 1.0 96 30’ x 30’ 30 footcandles-Outfield 2.5 : 1.0 1.4 LIFE CYCLE COSTS A. Complete Lamp Replacement: Manufacturer shall include all group lamp replacements required to provide 25 years of operation based upon 300 usage hours per year. B. Preventative and Spot Maintenance: Manufacturer shall provide all preventative and spot maintenance, including parts and labor for 25 years from the date of equipment shipment. Manufacturer shall respond to requests within 72 hours of original contact and replace equipment within 14 working days of signed work order. C. 25-Year Life Cycle Operating Cost: Manufacturer shall submit 25-year life cycle cost calculations as follows. Equipment price and total life cycle operating cost shall be entered separately on bid form. a. Luminaire energy consumption # luminaires x __kW demand per luminaire x $0.04 kWh rate x 300 annual usage hours x 25 years b. Cost for spot relamping and maintenance over 25 years if not included with bid Assume 7.5 repairs at $ 500 each if not included with the bid + c. Cost to relamp all luminaires during 25 years if not included with the bid 300 annual usage hours x 25 years / 3000 hours x $125 lamp & labor x # fixtures if not included with the bid + TOTAL 25-Year Life Cycle Operating Cost = RFP 7617 Athletic Field Lighting Page 16 of 35 1.5 Monitoring and Controls Digital wireless controls; providing the following functions, integrated into a control station with multiple presets and individual light zone control. Control system shall include the following features: A. Remote Monitoring System: System shall monitor lighting performance and notify manufacturer if individual luminaire outage is detected so that appropriate maintenance can be scheduled. The manufacturer shall notify the owner of outages within 24 hours, or the next business day. The controller shall determine switch position (Manual or Auto) and contactor status (open or closed). B. Remote Lighting Control System: System shall allow owner and users with a security code to schedule on/off system operation via a web site, phone, fax or email up to ten years in advance. Manufacturer shall provide and maintain a two- way communication link. Trained staff shall be available 24/7 to provide scheduling support and assist with reporting needs. The owner may assign various security levels to schedulers by function and/or fields. This function must be flexible to allow a range of privileges such as full scheduling capabilities for all fields, to only having permission to execute “early off” commands by phone. Controller shall accept and store 7-day schedules, be protected against memory loss during power outages, and shall reboot once power is regained and execute any commands that would have occurred during outage. C. Management Tools: Manufacturer shall provide a web-based database of actual field usage and provide reports by facility and user group. Dashboard shall also show current status of lamp outages, control operation and service scheduling including relamping operations completed and scheduled. D. Hours of Usage: Manufacturer shall provide a means of tracking actual hours of usage for the field lighting system as is readily accessible to the owner. E. Cumulative hours: shall be tracked to show the total hours used by the facility F. Current lamp hours: shall be tracked separately to reflect the amount of hours on the current set of lamps being used, so relamping can be scheduled accurately G. Communication Costs: Manufacturer shall include communication costs for operating the controls and monitoring system for a period of 25 years RFP 7617 Athletic Field Lighting Page 17 of 35 1.6 WARRANTY AND GUARANTEE A. 25-Year Warranty for full ballfield lighting replacement: Each manufacturer shall supply a signed warranty covering the entire system for 25 years or for the maximum hours of coverage based on the estimated annual usage (10,000 hours), whichever occurs first. Warranty shall guarantee light levels; lamp replacements; system energy consumption; monitoring, maintenance and control services, spill light control, and structural integrity. Manufacturer shall maintain specifically-funded financial reserves to assure fulfillment of the warranty for the full term. Warranty may exclude fuses, storm damage, vandalism, abuse and unauthorized repairs or alterations. Group lamp replacements for constant light systems must occur in accordance with the independent test report provided by the manufacturer; alternate systems must relamp every 3000 hours. B. 10-Year Warranty for Relamping existing systems: Manufacturer shall supply a signed warranty covering the entire system for 10 years or for the maximum hours of coverage based on the estimated annual usage, whichever occurs first. Warranty shall guarantee light levels; lamp replacements; system energy consumption; monitoring, maintenance and control services, spill light control, and structural integrity. Manufacturer shall maintain specifically-funded financial reserves to assure fulfillment of the warranty for the full term. Warranty may exclude fuses, storm damage, vandalism, abuse and unauthorized repairs or alterations. Group lamp replacements for constant light systems must occur in accordance with the independent test report provided by the manufacturer; alternate systems must relamp every 3000 hours. 1.7 DELIVERY TIMING A. Equipment On-Site: The equipment must be on-site 6-8 weeks from receipt of approved submittals and receipt of complete order information. 1.8 SUBMITTAL REQUIREMENTS A. Design Approval: The owner / engineer will review bid shop drawings from the manufacturers to ensure compliance to the specification. If the design meets the design requirements of the specifications, a letter will be issued to the manufacturer indicating approval for the specific design submitted. B. Bidders are required to provide only products that have been approved by this specification or addendum by the owner or owner’s representative. 1.9 ALTERNATE SYSTEM REQUIREMENTS A. Compliance to Specifications: Acceptance of a bid alternate does not negate the contractor and lighting manufacturer’s responsibility to comply fully with the requirements of these specifications. Any exceptions to the specifications must be clearly stated in the prior approval submittal documents. B. Revised Electrical Distribution: Manufacturer shall provide revised electrical distribution plans to include changes to service entrance, panel, and wire sizing. RFP 7617 Athletic Field Lighting Page 18 of 35 PART 2 – PRODUCT 2.1 LIGHTING SYSTEM CONSTRUCTION A. System Description: Lighting system shall consist of the following: 1. Centrifugally cast prestressed concrete or galvanized steel poles and galvanized steel crossarm assembly. Wood poles are prohibited. 2. Pre-stressed concrete base embedded in concrete backfill per the manufacturers guidelines. Alternate may be an anchor bolt foundation designed such that the steel pole and any exposed steel portion of the foundation is located a minimum of 18 inches above final grade. Direct bury steel poles will note be accepted. 3. All luminaires shall be constructed with aluminum housing. 4. Manufacturer will remote all ballasts and supporting electrical equipment in NEMA 3R enclosures galvanized, powder coated and mounted approximately 10’ above grade. The enclosures shall include ballast, capacitor and fusing for each luminaire. Safety disconnect per circuit for each pole structure will be located within the enclosure assembly. 5. Wire harness complete with an abrasion protection sleeve, strain relief and plug-in connections for fast, trouble-free installation. 6. Controls and Monitoring Cabinet to provide on-off control and monitoring of the lighting system constructed of NEMA Type 4 aluminum. Communication method shall be provided by manufacturer. Manual on-off –auto selector switches shall be provided. B. Manufacturing Requirements: All components shall be designed, manufactured and UL approved as a system. All luminaires, wire harnesses, ballast and other enclosures shall be factory assembled, aimed, wired and tested. C. Durability: All exposed components shall be constructed of corrosion resistant material and/or coated to help prevent corrosion. All exposed steel shall be hot dip galvanized per ASTM A123. All exposed hardware and fasteners shall be stainless steel of at least 18-8 grade, passivated and polymer coated to prevent possible galvanic corrosion to adjoining metals. All exposed aluminum shall be powder coated with high performance polyester or anodized. All exterior reflective inserts shall be anodized, coated, and protected from direct environmental exposure to prevent reflective degradation or corrosion. All wiring shall be enclosed within the crossarms, pole, or electrical components enclosure. D. Lightning Protection: All structures shall be equipped with lightning protection meeting NFPA 780 standards. Contractor shall supply and install a ground rod of not less than 5/8” in diameter and 8’ in length, with a minimum of 10’ embedment. Ground rod should be connected to the structure by a copper main down conductor with a minimum size of #2 for poles with less than 75’ mounting height and 2/0 for poles with more than 75’ mounting height. E. Safety: All system components shall be UL Listed for the appropriate application. RFP 7617 Athletic Field Lighting Page 19 of 35 F. Electric Power Requirements for the Sports Lighting Equipment: 1. Electrical Plans 2. Electric power: Voltage and Phasing per electrical plans 3. Maximum total voltage drop: Voltage drop to the disconnect switch located on the poles shall not exceed three (3) percent of the rated voltage. 2.2 STRUCTURAL PARAMETERS A. Support Structure Wind Load Strength: Poles and other support structures, brackets, arms, bases, anchorages and foundations shall be determined based on AASHTO LTS-5 and 2012 IBC Building Code with local Amendments, wind speed of 100 MPH, exposure category C and an importance factor of 1.0. Luminaire, visor, and crossarm shall withstand 150 mph winds and maintain luminaire aiming alignment. B. Structural Design: The stress analysis and safety factor of the poles shall conform to AASHTO LTS-5 Standard Specifications for Structural Supports for Highway Signs, Luminaires and Traffic Signals. C. Soil Conditions: The design criteria for these specifications are based on soil design parameters as outlined in the geotechnical report that is provided by contractor/manufacturer. It shall be the contractor’s responsibility to notify the owner if soil conditions exist other than those on which the foundation design is based, or if the soil cannot be readily excavated. Contractor may issue a change order request / estimate for the owner’s approval / payment for additional costs associated with: a) Providing engineered foundation embedment design by a registered engineer in the State of Colorado. b) Additional materials required to achieve alternate foundation. c) Excavation and removal of materials other than normal soils, such as rock, caliche, etc. D. Foundation Drawings: Project specific foundation drawings stamped by a registered engineer in the state where the project is located are required. The foundation drawings must list the moment, shear (horizontal) force, and axial (vertical) force at ground level for each pole. PART 3 – EXECUTION 3.1 FIELD QUALITY CONTROL A. Illumination Measurements: Upon substantial completion of the project and in the presence of the Contractor, Project Engineer, Owner's Representative, and Manufacturer's Representative, illumination measurements shall be taken and verified at night. The illumination measurements shall be conducted in accordance with IESNA RP-6-01, Appendix B. B. Correcting Non-Conformance: If, in the opinion of the Owner or his appointed Representative, the actual performance levels including footcandles, uniformity ratios, and maximum kilowatt consumptions are not in conformance with the requirements of the performance specifications and submitted information, the Manufacturer shall be liable to any or all of the following: RFP 7617 Athletic Field Lighting Page 20 of 35 1. Manufacturer shall at his expense provide and install any necessary additional fixtures to meet the minimum lighting standards. The Manufacturer shall also either replace the existing poles to meet the new wind load (EPA) requirements or verify by certification by a licensed structural engineer that the existing poles will withstand the additional wind load. 2. Manufacturer shall minimize the Owner's additional long term fixture maintenance and energy consumption costs created by the additional fixtures by reimbursing the Owner the amount of $1,000.00 (one thousand dollars) for each additional fixture required. 3. Manufacturer shall remove the entire unacceptable lighting system and install a new lighting system to meet the specifications. C. The equipment must be on-site 4-6 weeks from receipt of approved submittals and receipt of complete order information. D. At the discretion of the owner, manufacturer is required to conduct annual light level testing during the warranty period to verify that light levels have not dropped below target values. RFP 7617 Athletic Field Lighting Page 21 of 35 SUBMITTAL INFORMATION Design Submittal Data Checklist and Certification Included Tab Item Description A Letter/ Checklist Listing of all information being submitted must be included on the table of contents. List the name of the manufacturer’s local representative and his/her phone number. Signed submittal checklist to be included. B On Field Lighting Design Lighting design drawing(s) showing: a. Field Name, date, file number, prepared by, and other pertinent data b. Outline of field(s) being lighted, as well as pole locations referenced to the center of the field (x & y). Illuminance levels at grid spacing specified c. Pole height, number of fixtures per pole, as well as luminaire information including wattage, lumens and optics d. Height of meter above field surface e. Summary table showing the number and spacing of grid points; average, minimum and maximum illuminance levels in foot candles (fc); uniformity including maximum to minimum ratio, coefficient of variance and uniformity gradient; number of luminaries, total kilowatts, average tilt factor; light loss factor. f. If bidding constant light, Independent field test report from licensed professional engineer g. Alternate manufacturers shall provide both initial and maintained light scans using a maximum Recoverable Light Loss Factor as specified in section 1.8 to calculate maintained values. C Off Field Lighting Design Lighting design drawings showing spill light levels in footcandles. D Photometric Report Provide photometric report for a typical luminaire used showing candela tabulations as defined by IESNA Publication LM-35-02. Photometric data shall be certified by laboratory with current National Voluntary Laboratory Accreditation Program or an independent testing facility with over 5 years’ experience. E Life Cycle Cost calculation Document life cycle cost calculations as defined in the specification. Identify energy costs for operating the luminaires, maintenance cost for the system including spot lamp replacement, and group relamping costs. All costs should be based on 25 Years. F Luminaire Aiming Summary Document showing each luminaire’s aiming angle and the poles on which the luminaries are mounted. Each aiming point shall identify the type of luminaire. G Structural Calculations Pole structural calculations and foundation design showing foundation shape, depth backfill requirements, rebar and anchor bolts (if required). Pole base reaction forces shall be shown on the foundation drawing along with soil bearing pressures. Design must be stamped by a structural engineer in the state of Colorado. RFP 7617 Athletic Field Lighting Page 22 of 35 M Product Information Complete set of product brochures for all components, including a complete parts list and UL Listings. N Non- Compliance Manufacturer shall list all items that do not comply with the specifications. O Compliance Manufacturer shall sign off that all requirements of the specifications have been met at that the manufacturer will be responsible for any future costs incurred to bring their equipment into compliance for all items not meeting specifications and not listed in item N – Non-Compliance Manufacturer: __________________________________________ Signature: _________________________________________ Contact Name: Date: ______/______/______ RFP 7617 Athletic Field Lighting Page 23 of 35 EXHIBIT B LIFE CYCLE INVENTORY OF BALLFIELDS WITH LIGHTING Component Number Component Component Detail Year Park Built Lighting Size Park F104 Field Ballfield 1911 Yes Large CITY PARK F105 Field Ballfield 1911 Yes Large CITY PARK F106 Field Ballfield 1971 Yes Small EDORA F107 Field Ballfield 1971 Yes Large EDORA F133 Field Ballfield 2003 Yes Large FOSSIL CREEK F134 Field Ballfield 2003 Yes Large FOSSIL CREEK F109 Field Ballfield 1976 Yes Large LEE MARTINEZ F110 Field Ballfield 1976 Yes Large LEE MARTINEZ F116 Field Ballfield 1983 Yes Large ROLLAND MOORE F117 Field Ballfield 1983 Yes Large ROLLAND MOORE F118 Field Ballfield 1983 Yes Large ROLLAND MOORE F119 Field Ballfield 1983 Yes Large ROLLAND MOORE RFP 7617 Athletic Field Lighting Page 24 of 35 SAMPLE (DO NOT SIGN) 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 , hereinafter referred to as "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 attached hereto as Exhibit "A", consisting of ( ) page and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 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 ( ) page , and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of RFP 7617 Athletic Field Lighting Page 25 of 35 the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Professional mailed no later than ninety (90) days prior to contract end. 5. Contract Period. [Option 2] 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 ( ) 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. 6. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 7. Early Termination by City/Notice. 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 Service Provider. 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. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Service Provider: City: Copy to: Attn: City of Fort Collins Attn: City of Fort Collins Attn: Purchasing Dept. RFP 7617 Athletic Field Lighting Page 26 of 35 PO Box 580 Fort Collins, CO 80522 PO Box 580 Fort Collins, CO 80522 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. Such payment shall be the Service Provider's sole right and remedy for such termination. 8. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, ($ ) as per the attached Exhibit " ", consisting of page , and incorporated herein by this reference. 9. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 10. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will RFP 7617 Athletic Field Lighting Page 27 of 35 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. 12. 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. 13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 14. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. RFP 7617 Athletic Field Lighting Page 28 of 35 c. Service Provider 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 the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless 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 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. 15. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 16. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail 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. RFP 7617 Athletic Field Lighting Page 29 of 35 17. 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. 18. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. RFP 7617 Athletic Field Lighting Page 30 of 35 19. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 20. 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. 21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify 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 “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. RFP 7617 Athletic Field Lighting Page 31 of 35 b. Service Provider 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. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider 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 Service Provider 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. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course RFP 7617 Athletic Field Lighting Page 32 of 35 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. f. If Service Provider 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, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality, consisting of ( ) pages, attached hereto and incorporated herein by this reference. RFP 7617 Athletic Field Lighting Page 33 of 35 CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ Gerry Paul Director of Purchasing and Risk Management Date:_____________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney By:_______________________________ __________________________________ PRINT NAME __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date:_____________________________ ATTEST: (Corporate Seal) _____________________________ CORPORATE SECRETARY RFP 7617 Athletic Field Lighting Page 34 of 35 EXHIBIT 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. RFP 7617 Athletic Field Lighting Page 35 of 35 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. H Control and Monitoring Manufacturer shall provide written definition and schematics for automated control system to include monitoring. They will also provide examples of system reporting and access for numbers for personal contact to operate the system. I Electrical distribution plans Electrical distribution plan including changes to service entrance, panels and wire sizing, signed by a licensed Electrical Engineer in the state of Colorado. J Performance Guarantee Provide performance guarantee including a written commitment to undertake all corrections required to meet the performance requirements noted in these specifications at no expense to the owner. Light levels must be guaranteed per specification for 25 years. K Warranty Provide written warranty information including all terms and conditions. L Project References Manufacturer to provide a list of project references of similar products completed within the past three years.