HomeMy WebLinkAboutCORRESPONDENCE - PURCHASE ORDER - 9190732SS 2019 – Services Agreement
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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 SPX TRANSFORMER SOLUTIONS, INC., 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 eight (8) pages and
incorporated herein by this reference. Irrespective of references in Exhibit A to certain
named third parties, Service Provider shall be solely responsible for performance of all
duties hereunder.
2. Contract Period. The services to be performed pursuant to this Agreement shall be initiated
within five (5) days following execution of this Agreement by all parties. Services shall be
completed no later than December 31, 2019. Time is of the essence. Any extensions of the
time limit set forth above must be agreed upon in writing by the parties hereto.
3. 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.
Further, neither party shall be liable for any loss or damage as a result of any delay in
shipment, delivery or installation due to any cause beyond that party’s reasonable control,
including without limitation, flood, hurricane, or other act of God, act of the other party,
embargo or other governmental act or authority regulation or request, fire, theft, accident,
slowdown, labor dispute, war, riot, delay in transportation, inability to obtain necessary
labor, materials or manufacturing facilities, whether at a party’s operations or at the
operations of a supplier or subcontractor to such party. In the event of any such delay, the
date of performance shall be extended for a period equal to the time lost by reason of delay
plus a reasonable time for resuming performance.
4. 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:
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5. Service Provider: City: Copy to:
SPX Transformer Solutions, Inc.
Attn: Contract Management
400 S. Prairie Avenue
Waukesha, WI 53186
City of Fort Collins
Attn: Bob Hover
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
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 and shall include payment of the direct
cost of ordered materials which are received on behalf of the City, and which cannot be
cancelled, returned or utilized by Service Provider, and reasonable and verifiable
demobilization costs and expenses. Service Provider will make every reasonable effort to
mitigate costs. Such payment shall be the Service Provider's sole right and remedy for such
termination.
6. Contract Sum. The City shall pay the Service Provider for the performance of this Contract,
subject to additions and deletions provided herein, per the attached Exhibit B, consisting of
ten (10) pages, and incorporated herein by this reference.
7. 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.
8. 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.
9. 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 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.
10. 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
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responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
11. 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.
12. Warranty.
For a period of one (1) year from the date of performance of services or delivery of goods
hereunder, Service Provider warrants to the City the services performed by or on behalf of
Service Provider to be free from defects in materials and workmanship and the goods
manufactured by Service Provider to be free from defects in title, material, and
workmanship. All materials and equipment incorporated into any work shall be new and
shall be in conformance with the Specifications. If within such period any services or goods
are defective, then such services shall be corrected by the Service Provider and, at Service
Provider’s option, such goods repaired or replaced, or substitute goods obtained. City shall
bear the costs of any removal, decontamination, and reinstallation of the goods and
adjacent structures, equipment, and other obstructions not directly included in the
warrantable goods. Service Provider’s obligation is conditioned upon Service Provider’s
receipt of written notice of any alleged nonconformity or defect within 10 days after its
discovery and, with respect to goods, at Service Provider’s option, return of such goods to
Service Provider’s factory, with all freight and insurance to and from the repair facility to be
at Service Provider’s expense. With respect to goods not manufactured by Service Provider,
Service Provider makes no warranty, except as otherwise provided herein and other than
good title and agrees to transfer to City the original manufacturer’s warranty, which shall
provide the exclusive remedy for any defect. The foregoing warranties constitute Service
Provider’s entire warranty and City’s sole and exclusive remedy related to the Work.
EXCEPT AS EXPRESSLY SET FORTH ABOVE, SERVICE PROVIDER MAKES NO
WARRANTY OF ANY KIND WHATSOEVER, AND SERVICE PROVIDER EXPRESSLY
DISCLAIMS ANY WARRANTIES IMPLIED BY LAW, INCLUDING, WITHOUT LIMITATION,
ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. This warranty shall not apply to any loss or damage resulting from: (i) normal
wear and tear; (ii) alteration, neglect, misuse, abuse, or improper installation, operation,
maintenance, or storage by City or a third party; (iii) accident, fire, flood, or acts of God; or
(iv) inaccurate or incomplete information or data supplied or approved by City.
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 thereof.
14. Remedies. In the event a party has been declared in default, such defaulting party shall be
allowed a period of fifteen (15) days within which to initiate and diligently pursue a cure of
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
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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. 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 third party 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 Service Provider’s 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 including the City as an additional
insured under this Agreement of the type and with the limits specified within Exhibit C,
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
Purchasing Director, 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.
17. 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.
18. 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.
19. 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
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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.
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 who will perform
work under this Agreement while this Agreement is being performed, and as may be
otherwise prohibited by state or federal law.
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 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.
20. Special Provisions. Special provisions or conditions relating to the services to be performed
pursuant to this Agreement are set forth in Exhibit D - Confidentiality, consisting of one (1)
page, attached hereto and incorporated herein by this reference.
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21. Limitation of Liability. Service Provider and the City shall in no event be liable for any indirect,
special or consequential damages whatsoever, under any theory of relief, including without
limitation, breach of warranty, breach of contract, tort (including negligence), strict liability,
or otherwise, arising out of or related to that Party’s acts or omissions. Under no
circumstances shall either parties’ liability exceed the contract price for the specific goods
and services upon which the claim is based.
THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
APPROVED AS TO FORM:
SPX TRANSFORMER SOLUTIONS, INC.
By:
Printed:
Title:
Date:
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4/16/2019
Josh Brown
General Manager - Service
Assistant City Attorney ll
4/17/2019
City Clerk
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EXHIBIT A
SCOPE OF SERVICES
I. SCOPE OF SERVICES
A. GENERAL. This section covers materials and equipment for maintenance of 15KV load
tap changers (LTC) on 115KV and 230KV substation power transformers.
All switching operations, including racking of breakers and opening high side and low
side breakers shall be performed by Fort Collins Electric Utility (Utility) personnel. The
Service Provider shall verify that the transformer(s) are de-energized and grounded prior
to commencement of work.
All clearances shall be taken by Utility personnel. Where the Service Provider will be
working on Utility equipment a joint clearance shall be issued to Utility personnel and the
Service Provider from the SCO operations center.
All pertinent safety regulations shall be rigidly adhered to.
B. SCOPE OF WORK. The work under these specifications and documents shall include
oil processing, and LTC inspection and parts replacement to factory specifications for
the LTC type indicated at the substation locations indicated in this document.
The work under these specifications and documents shall include furnishing all
equipment, labor, and materials to complete the cleaning, inspection, and replacement
or suggested upgrade parts.
Major components of the work shall include:
1. Arrival and training.
2. Equipment placement.
3. Load Tap Changer (LTC) project scope shall include draining the mineral oil thru
Fullers earth from the LTC into a clean container or new oil supplied as required
in the proposal. The inside of the tank and mechanism shall be thoroughly
inspected and cleaned. The LTC systems shall be inspected and maintained as
follows:
3.1 Motor control, motor starters, gear train, oil seals, and motor start
capacitors shall be tested and inspected.
3.2 Automatic (voltage regulator) and manual control systems shall be tested.
Check for proper electrical and mechanical operation of motor drive
through its entire range. Inspect for proper brake adjustment, flag
operation, and raise and lower limits. Adjust and lubricate as necessary.
3.3 Internal mechanism checks shall include stationary and moving contacts,
selector switches, reversing switches, slip contacts (bow ties), contact
pressure, gear trains, cams, cam followers, flexible couplings, and
operating shafts, flywheel brake and rollers.
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3.4 Disconnect desiccant breather and drain LTC oil into a clean, dry
container. The mineral oil shall be processed through a micron filter and
heat\vacuum system to degas and dehydrate.
3.5 The inside of the tank and mechanism shall be thoroughly cleaned with
clean oil from a sprayer and wiped down with lint free rags. Corrosion
shall be removed, and any exposed tank bare metal shall be primed after
cleaning with appropriate solvent.
3.6 The barrier board separating the LTC and main tank shall be thoroughly
inspected for damage or fluid leakage between the two tanks.
3.7 Highpot vacuum bottles if LTC has vacuum bottles per manufacturer’s KV
level. Check erosion indicators for condition of contacts. Conduct a test
on vacuum bottle to insure it is not full of oil due to a bellows rupture.
Applicable to RMV-2 LTCs.
3.8 Test pressure relief device.
3.9 Inspect transition resistors when applicable. Inspect bolts and check that
springs are intact and take OHM readings.
3.10 Verify operation of fiber optic LTC controls if applicable to the specific
LTC.
3.11 Install new factory LTC door gaskets, and MI gasket, boss gasket, and
crank gaskets if applicable. Existing gaskets will not be reused nor
will gaskets be allowed to be made on site.
3.12 Remove any positive pressure on the main transformer tank before
applying vacuum to the LTC compartment when LTC compartment is
required to be vacuum filled.
3.13 Pull vacuum to < 2 torr and hold for two hours. Refill the LTC
compartment through the heat\vacuum system.
3.14 Perform on-site field review of the LTC design to determine whether the
mechanism is the most current design and that it is properly vented to
accommodate a rapid pressure rise that would result from internal arcing
or dielectric breakdown.
3.15 All parts shall be replaced as required to bring the LTC up to factory
specifications including recommended upgrade kits.
3.16 The finished oil product shall meet or exceed IEEE specification under C
57-106, Item 9, and paragraph 9.3.
3.17 Check that the LTC liquid level gauge moves properly when operated by
hand.
4. A technical report shall be provided after the completion of the work listing the
test results, data sheets, calculations, recommendations, and suggestions for
additional tests or remedial work to address and identifiable deficiencies. Any
electrical equipment not tested shall be identified with a detailed explanation of
why the work was not completed in the engineering report.
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C. SPECIFICATION AND REFERENCE MATERIAL. All maintenance, inspection, and
electrical testing will be performed as per the NETA Acceptance Testing Specification,
ANSI/IEEE C-57 Standards, Manufacturers’ Specifications and good Engineering
Practices.
D. CITY RESPONSIBILITIES. The City shall be responsible for the following:
• Qualified Project Manager and two (2) Substation Techs to assist with the work.
• Supply and erection of scaffolding to work on the LTC compartment.
• Circuit switching and lockout tagout (LOTO) grounding with approved safety
methods to complete the work.
• Access to the equipment for trucks and crews and unrestricted work hours.
• PCB analysis report on the transformer(s) within the last year.
E. SERVICE PROVIDER’S RESPONSIBILITIES. The Service Provider shall be
responsible for the following:
• Qualified crew members.
• Tools and equipment.
• Electrical power generation for the equipment. Utility will provide 20A 120VAC on
site. 240VAC may be available.
• Fluid handling equipment.
• Gasket material.
• Four (4) UZD® LTC contact lease kits on site for the project. The City will be
charged a lease kit fee, roundtrip freight for kit from Dallas, TX and only for parts
used from each LTC kit on a per/part price.
• Assorted fittings and hoses.
• All oil handling, filtration of existing oil, supplying new oil if required, and disposal of
old oil.
• Project coordinator to schedule work and follow up on reports to be supplied to the
City.
• Testing as required to insure an operational LTC.
• Provide technical data report
F. PROTECTIVE EQUIPMENT. The Service Provider shall be responsible for furnishing
the required protective equipment for his employees. Hard hats and high vis vests shall
be worn at all times while in the substation.
G. EXISTING FACILITIES. The Service Provider shall take extreme care while working on
the switchgear and transformers to prevent damage to porcelain insulators, control
cables, gages, switches, 600V wiring, relays, etc.
H. PRICING. The Service Provider shall provide equipment, labor and materials for this
project on lump sum basis.
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I. AGREEMENT. Awarded Service Provider must enter into the Services Agreement to
which this Exhibit A is attached and provide the required insurance.
J. INVOICING AND PAYMENT. Invoices should be emailed upon completion of the work
to invoices@fcgov.com with a copy to the Project Manager. The cost of the work
completed shall be paid to the Service Provider following the submittal of a correct
invoice by the Service Provider indicating the project name, Purchase Order number,
task description, and, for time and materials work, hours worked, personnel/work type
category, hourly rate for each employee/work type category, date of the work performed
specific to the task, percentage of that work that has been completed by task, 3rd party
supporting documentation with the same detail and a brief progress report.
Payments will be made using the prices listed on the agreed-to Price Schedule. In the
event a service is requested which is not listed on the Price Schedule, the Service
Provider and the City will negotiate an appropriate unit price for the service prior to
Service Provider Consultant initiating such work.
The City pays invoices on Net 30 terms.
K. INSURANCE. Insurance shall be provided as per Exhibit C attached to the Services
Agreement, to which this Exhibit A is attached.
L. WORK HOURS. The working hours shall generally be from 7:00 am to 3:30 pm,
Monday through Friday unless other arrangements are made with the City.
M. SCHEDULE. The proposed schedule for the work will be as follows:
Month of May 2019
Monday – Switching and equipment staging
Monday and Tuesday – Pre-testing, LTC clean, inspection, and repairs, post-testing.
Wednesday – Switching, equipment staging
Wednesday and Thursday – Pre-testing, LTC clean, inspection, and repairs, post
testing.
Friday - Switching and equipment removal
Weekend work will be required to avoid standby/delay charges to the City to complete 4
LTC scopes of work in 8 consecutive days on site.
The proposed schedule shall be mutually agreed upon by the City and the Service
Provider based on the number of man days required to perform the work. The schedule
may be revised based on the repairs to be made, weather, etc.
II. SPECIAL CONDITIONS
SC.1 PROJECT MANAGEMENT. The coordination of all field construction will be under
the direction of the City Project Manager, who will be responsible for coordinating work
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between various Service Providers and for resolving any conflicts between Service
Providers regarding scheduling or coordination.
The time of completion is of the essence of this contract and the Service Provider shall be
responsible for performing the work in accordance with the specified schedule. If at any
time the Service Provider’s work is behind schedule, the Service Provider shall increase his
work force for getting the work back on schedule.
The City Project Manager will not be responsible for the assignment of personnel, or
obtaining materials or supplies, or for any other services to the Service Provider except the
coordination of work between Service Providers and as specifically set forth in these
contract documents.
SC.2 SERVICE PROVIDER’S SUPERVISION AT THE SITE. The Service Provider shall
furnish adequate management, supervisory, and technical personnel on the site ensure
expeditious and competent handling of the work.
A superintendent experienced in the work specified herein, who is a member of the Service
Provider’s organization, shall be a resident of the project throughout the work. The
superintendent shall be fully authorized to act for the Service Provider and receive whatever
orders and notices may be given for the proper execution of the work.
The Service Provider’s field organization shall include an experienced staff of qualified
technical personnel to handle the work.
The City will contract solely with the Service Provider who shall be responsible for complete
supervision, responsibility and control of his subcontractors.
SC.3 RELATIONS WITH OTHER SERVICE PROVIDERS. The Service Provider shall
cooperate with all other Service Providers and City crews who may be performing work on
behalf of the City in the vicinity of the work under this contract and shall conduct operations
to minimize interference with the work of such Service Providers or workmen.
Any difference or conflict which may arise between the Service Provider and other Service
Providers, or between the Service Provider and the workmen of the City shall be resolved as
determined by the City Project Manager.
SC.4 METHODS OF FIELD OPERATION. The Service Provider shall inform the City
Project Manager in advance as to the Service Provider’s plans for carrying out each part of
the field work. Review by the City Project Manager of any plan or method of work shall not
relieve the Service Provider of any responsibility thereof, and such review shall not be
considered as an assumption of any risk or liability by the City or any officer, agent or
employee therefor. The Service Provider shall have no claim because of the failure or
inefficiency of any plan or method so reviewed.
Any method of work suggested by the City Project Manager, but not specified, may be used
at the risk and responsibility of the Service Provider, and the City shall have no responsibility
therefor.
The Service Provider shall have no claim because of the failure or inefficiency of any plan or
method so reviewed.
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The Service Provider shall comply with all applicable requirements of federal, state, and
local codes and of all other authorities having jurisdiction over this work.
The Service Provider shall be solely and completely responsible for conditions related to his
work including safety of all persons and property during performance of the work.
SC.5 PROTECTION OF PROPERTY. The Service Provider shall be accountable for any
damages resulting from his operations when Service Provider is present at the site. Service
Provider shall be fully responsible for the all structures for the portion of the site that is under
Service Provider’s control, including but not limited to: existing fences, switchgear buildings,
switches, overhead lines, overhead bus, insulators, gages, radiators, or any other
equipment or structures located within the substation facility including any other devices in
the switchgear.
The Service Provider shall furnish and maintain all necessary safety equipment, including
but not limited to: barriers, signs, warning lights and guards to provide adequate protection
of persons and property.
Repair of substation facilities and equipment, should damage occur, shall be as directed and
approved by the City Project Manager. The Service Provider shall be solely responsible for
the damage repair costs.
Utility personnel will provide access to the site and be present on site for the duration
of the work.
SC.6 UNFAVORABLE CONSTRUCTION CONDITIONS. During periods of unfavorable
weather, rain, wind, lightning, or other unsuitable construction conditions, the Service
Provider shall confine his operations to work that will not be adversely affected thereby. No
outside work shall be performed under adverse conditions such as blowing dust, rain or
snow.
SC.7 REJECTED WORK AND MATERIALS. The Service Provider, upon written notice
from the City Project Manager, shall consult with the City Project Manager to reach a mutual
agreement regarding all materials or work that the City Project Manager has advised are
being rejected as defective, unsound, improper, or in any way failing to meet the
requirements. The Service Provider shall at his sole expense take the mutually agreed
upon actions regarding such materials, shall repair or replace all unacceptable work and
materials and, if applicable, repair all work damaged by any removal.
If applicable, if the Service Provider does not remove his rejected work and materials as
agreed upon, the City may remove and replace such work and materials at the expense of
the Service Provider.
SC.8 CONSTRUCTION AREA LIMITS. The Service Provider shall not trespass in or on
areas other than those required to perform the work. The work will be performed in an
energized electrical substation adjacent to overhead lines and aluminum bus with voltages
of 230KV, 115KV and 13.8KV. When entering or exiting the substation with equipment,
extreme caution must be exercised. If any contact is made with these facilities, injury or
death is very probable. Under no circumstance shall the Service Provider work or have
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equipment outside the designated work area. A designated Utility employee shall be
present at all times during the work.
SC.9 PROTECTION OF SUBSTATION PROPERTY. Concrete pads, slabs, tower bases,
retaining curbs and all other concrete structures and equipment within the substation shall
be protected from chipping, gouging, scratching, staining, and other damage. Property
damaged by the Service Provider shall be repaired or replaced by the Service Provider
subject to the mutual agreement of the Project Manager and the Service Provider.
Nonflammable, oil resistant coverings shall be used to protect concrete surfaces from
staining.
SC.10 COOPERATION WITH THE CITY. The performance of the construction work that
affects the operation of the City’s electrical system facilities shall be scheduled to be
performed only at times acceptable to the City.
SC.11 CITY CONTACTS. The City project contacts shall be as follows:
Name Contact # E-mail
Quotation/Contract Pat Johnson 970 221-6816 pjohnson@fcgov.com
Project Manager Bob Hover 970 413-2962 bhover@fcgov.com
Substation Specialist Kevin Knotts 970 631-5420 kknotts@fcgov.com
Substation Specialist Ryan Greene 970 443-4730 rgreene@fcgov.com
III. CITY’S PROJECT INFORMATION
Service Provided is expected to clean, inspect and repair as well as supply new oil to all
load tap changers listed below:
Location Location
Name
Unit I.D. Manufacturer Tap
Operations
Gallons
of Oil
LTC Type
1 Drake
Substation
Transformer
#1
U9309-
12
Waukesha 61,007 100 UZD-RT
2 Drake
Substation
Transformer
#2
U9107-
06
Waukesha 76,063 100 UZD-RT
3 Dixon
Substation
Transformer
#1
U0306-
13
Waukesha 22,747 100 UZD-RT
4 Dixon
Substation
Transformer
#2
U0108-
04
Waukesha 30,646 100 UZD-RT
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LTC DETAILED INFORMATION:
Drake Substation Additional LTC Information:
Substation Transformers are Magnatek (Waukesha). Date of manufacture 1993, 115KV\13.8KV
WYE
LTC General Information:
Waukesha type UZD-RT. Each unit has 100 gallons of oil.
XFMR T1
East transformer, XFMR Serial# A1980T
Tap changer serial# U9309-12
Current # taps – 61,007 (6/20/18)
Last maintenance – 11/6/08 at 40,824 taps
Taps since last maintenance – 20,183
XFMR T2
West transformer, XFMR Serial# A1304T
Tap changer serial#
Current # taps – 76,031 (6/20/18)
Last maintenance – 11/7/08 at 53,366 taps
Taps since last maintenance – 22.665
Dixon Substation Additional LTC Information:
Substation Transformers are Waukesha. Date of manufacture 2003, 115KV/13.8KV WYE
LTC General Information:
Waukesha type UZD-RT. Each unit has 100 gallons of oil.
XFMR T1
North transformer, XFMR Serial #A4906T
Tap changer serial# U0306-13
Current # taps- 22,747 (6/20/18)
Last maintenance – N/A
XFMR T2
South transformer, XFMR Serial #A4174T
Tap changer serial# U0108-04
Current # taps- 30,646 (6/20/18)
Last maintenance – 12/13/07 at 11,538 taps (no internal inspection, oil process only)
Taps since last maintenance – 19,108
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EXHIBIT B
SPX TRANSFORMER SOLUTIONS SERVICE QUOTATION #9127162
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EXHIBIT C
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.
2. The coverage provided on certificate as stated above will not be canceled or materially
altered without Service Provider delivering written notice to the City at least thirty (30)
days before effective date of such changes.
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 included 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 be
$2,000,000 per occurrence and in the aggregate for Commercial General and
$2,000,000 combined single limits for Vehicle, 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.
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EXHIBIT D
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 is known by Service Provider prior to such disclosure by the City, or
was independently developed by Service Provider without the aid, use or application of the
City’s confidential information, or was provided to Service Provider by a third party not under an
obligation of confidentiality (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 provided, however, that Service Provider may retain a single copy of all such
information for record keeping purposes, subject to the provisions of this Confidentiality
Agreement.
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.
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