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HomeMy WebLinkAbout104571 GREGORY ELECTRIC INC - CONTRACT - RFP - 8571 ELECTRICAL NEIGHBORHOOD CONVERSIONS & SYSTEMSA WO – 8571 Electrical Neighborhood Conversions & System Improvements Page 1 of 15 SERVICES AGREEMENT WORK ORDER TYPE 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 GREGORY ELECTRIC, 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. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for 8571 Electrical Neighborhood Conversions & System Improvements. The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit A, consisting of one (1) page and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. A general scope of services is attached hereto as Exhibit B, consisting of four (4) pages, and incorporated herein by this reference. The only services authorized under this Agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without invalidating the Agreement, make changes within the general scope of the particular services assigned and the Service Provider agrees to perform such changed services. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. DocuSign Envelope ID: FDB27030-0A67-4D2C-B12A-4A9BBD134EC6 SA WO – 8571 Electrical Neighborhood Conversions & System Improvements Page 2 of 15 4. Contract Period. This Agreement shall commence September 29, 2017 and shall continue in full force and effect until September 28, 2018, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is 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. 6. Early Termination by City/Notices. 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 mailed 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 address: Service Provider: City: Copy to: Gregory Electric, Inc. Attn: George Stolz PO Box 2373 Loveland, CO 80539 City of Fort Collins Attn: Luke Unruh 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 termination date, 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. 7. Compensation. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Service Provider on a time and reimbursable direct cost basis in accordance with Exhibit C, consisting of one (1) page, attached hereto and incorporated herein. Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Service Provider’s City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Service Provider's reimbursable direct costs. Final payment shall be made following acceptance DocuSign Envelope ID: FDB27030-0A67-4D2C-B12A-4A9BBD134EC6 SA WO – 8571 Electrical Neighborhood Conversions & System Improvements Page 3 of 15 of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. Payment shall be made by the City only upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 8. Liquidated Damages. OWNER and CONTRCTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in the Work Order, plus any extensions thereof allowed in accordance with Article 12 of the General conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amount set forth in each Work Order. 9. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 10. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 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 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. DocuSign Envelope ID: FDB27030-0A67-4D2C-B12A-4A9BBD134EC6 SA WO – 8571 Electrical Neighborhood Conversions & System Improvements Page 4 of 15 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 under the Agreement or of any cause of action arising out of the 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. 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. 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 representative, 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 DocuSign Envelope ID: FDB27030-0A67-4D2C-B12A-4A9BBD134EC6 SA WO – 8571 Electrical Neighborhood Conversions & System Improvements Page 5 of 15 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 D, 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. 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. This Agreement shall be governed in all respect by the laws of the State of Colorado. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction such holding shall not invalidate or render unenforceable any other provision of this Agreement. 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. 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. DocuSign Envelope ID: FDB27030-0A67-4D2C-B12A-4A9BBD134EC6 SA WO – 8571 Electrical Neighborhood Conversions & System Improvements Page 6 of 15 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. 22. Red Flags Rules. Service Provider must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Service Provider must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts and must as expeditiously as possible notify the City in writing of significant breeches of security or Red Flags to the Utilities or the Privacy Committee. 23. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit E - Confidentiality consisting of one (1) page[s], attached hereto and incorporated herein by this reference. DocuSign Envelope ID: FDB27030-0A67-4D2C-B12A-4A9BBD134EC6 SA WO – 8571 Electrical Neighborhood Conversions & System Improvements Page 7 of 15 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: GREGORY ELECTRIC, INC. By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: FDB27030-0A67-4D2C-B12A-4A9BBD134EC6 10/5/2017 Rod Bryant President Assistant City Attorney 10/6/2017 City Clerk SA WO Type – 8571 Electrical Neighborhood Conversions & System Improvements Page 8 of 15 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND AGREEMENT DATED: Work Order Number: Purchase Order Number: Project Title: Original Bid/RFP Project Number & Name: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control. The attached forms consisting of ( ) page(s) are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. PROFESSIONAL By:_______________________________ Date:_____________________________ CITY OF FORT COLLINS Submitted By: _________________________ Project Manager Date: _________________________ Reviewed by: _________________________ Senior Utility Engineer Date: _________________________ Approved by: _________________________ Water Engineering & Field Services Operations Manager Date: ________________________ Approved by: _________________________ Utilities General Manager (over $1,000,000) Date: ________________________ Approved by: _________________________ Purchasing Director (if over $60,000) Date: _______________________ DocuSign Envelope ID: FDB27030-0A67-4D2C-B12A-4A9BBD134EC6 SA WO Type – 8571 Electrical Neighborhood Conversions & System Improvements Page 9 of 15 EXHIBIT B SCOPE OF SERVICES II. SCOPE OF PROPOSAL A. Scope of Work The scope of work could entail any electrical service needed by Fort Collins Light and Power. Below are the most commonly needed services Provide electric services for the City of Fort Collins Light and Power conversion, annexation, and electric system improvement projects. These services need to comply with current NEC and City of Fort Collins electric standards. Refeed the customer’s service, whether it be backyard to front and/or overhead to underground. The work may include: Installation of new feeders to the breaker panel through the attic or crawlspace, meter socket/meter main disconnect change out, routing feeders through a conduit system, separation of the ground/ neutral bond in certain situations, installation of grounding electrodes, switching commercial customers from an open delta to a three-phase wye configuration, this would include checking the customer’s equipment to assure a configuration swap will not damage any equipment. The contractor shall be responsible for scheduling work and power outages with the customer. This scope may include after normal business hour work and emergency calls. Emergency services shall be responded to within one (1) hour of request. B. Property Owners/Customers The City has a responsibility to coordinate all of these construction activities with the property owners and customers and expects to work with the Contractor in this capacity, with the Contractor taking the lead with the property owners/customers. The Contractor will be expected to notify affected property owners and tenants at least 24 hours in advance of starting work at a given property. Various methods may be used at the discretion of the Project Manager including door hangers, telephone contact, and on-site meetings with customers. The Contractor may have to reschedule work based on requests from a property owner or tenant, deal with complaints, and perform follow-up work to the satisfaction of the City and its customers. Because the Contractor will be working on customer properties and around customer’ homes, they must maintain the cleanliness of the job site to the greatest extent possible. All trash and construction debris must be removed daily and the area restored to as near original condition as quickly as possible. Contractor shall comply with City recycling and solid waste reduction policies. Citizen’s property that is not included in the work order and damaged during the course of the work order will be the responsibility of the Contractor to repair. C. Warranty A two-year installation warranty shall be required from the Contractor. D. Current Standards The agency must be familiar with OSHA (Occupational Safety and Health Act) and operate within those guidelines. All work and/or materials must meet current standards in force by recognized technical and professional societies, trade and materials supply associations, DocuSign Envelope ID: FDB27030-0A67-4D2C-B12A-4A9BBD134EC6 SA WO Type – 8571 Electrical Neighborhood Conversions & System Improvements Page 10 of 15 institutes and organizations, bureaus and testing laboratories, and national, federal, state, county, and local laws, codes and ordinances. Perform all work in a safe manner utilizing appropriate Personal Protective Equipment (PPE) and safe practices. Service Provider shall furnish all equipment (ladders, test equipment, etc.) required to perform the work safely and shall not utilize any City equipment. E. Fees, Licenses & Permits The successful contractor shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. F. Communication The City will provide one Project Manager as a point of contact for the services to be provided. It is expected that the Contractor provide one contact as well. Communication between the two will be expected on a weekly basis at the beginning of the agreement. As agreed upon, the two parties may reduce the frequency of these communications. Contractor must read and write the English language to enable them to maintain a daily log of events and to converse with the public while working. Fluency is Spanish is also desirable. G. Project Contact The Contractor will be expected to provide a primary and a back-up contact person for all work orders. Both the primary and back-up contact will be involved in the following: agreement on the work to be performed, work schedules, construction details, making contact with customers, settling disputes, site inspections, work acceptance, change orders, and other issues. An after- hours phone number shall be provided in the event of an emergency or urgent need. H. Personnel Conduct The successful firm shall be responsible for maintaining satisfactory standards of employees' competency, conduct, courtesy, honesty, and integrity, and shall be responsible for taking such disciplinary action with respect to any employee, as may be necessary. The personal conduct of the Contractor and its staff has a direct impact on the quality of performance. Personnel will be dealing with residents. Unacceptable personal conduct/behavior by the Contractor, as defined, may result in immediate or early termination of the Agreement, as also defined. The City may request the successful firm to immediately remove from this assignment any employee found unfit to perform duties due to one or more of the following reasons: (1) Neglect of duty. (2) Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions or fighting. (3) Theft, vandalism, immoral conduct or any other criminal action. (4) Selling, consuming, possessing, or being under the influence of intoxicants, including alcohol, or illegal substances while on assignment for the City. I. Use of Subcontractors/Partners Use of subcontractors for the electrical conversion work is not allowed. Contractors may subcontract obtaining private locates, quality control, and traffic control. DocuSign Envelope ID: FDB27030-0A67-4D2C-B12A-4A9BBD134EC6 SA WO Type – 8571 Electrical Neighborhood Conversions & System Improvements Page 11 of 15 J. Background Checks Awarded firm will be required to facilitate, prior to acceptance of employment, background screening of all employees at vendor’s expense. In the event that a background check raises questions about the trustworthiness, fitness for provision of services under this Agreement, competence or suitability of any individual working with members of the general public, such individual shall not be employed in connection with the services or activities required. Violation of this specification will be grounds to terminate services. The City reserves the right, at its discretion, to preclude any manager, supervisor or employee from providing services under this contract. K. Employee Identification Prior to performing any work for the City, the Contractor shall require each of their employees to wear ID badges or uniforms identifying: Contractor by name, the first name of their employee and a photograph of their employee if using an ID badge. Their employee shall wear or attach the ID badge to the outer garments at all times. L. Traffic Control Awarded Contractor is required to provide traffic control for projects. Contractor will itemize traffic control on each scope of work based on the pricing submitted with the Contractor’s proposal. Contractor is required to provide a traffic control rate sheet with their RFP response. M. Inspections The Project Manager, City Inspector and others may make periodic visits to the project site to observe the progress and quality of the Work and to determine, in general, if the Work is proceeding in accordance with the Agreement. Visits and observations made by the Project Manager shall not relieve the Contractor of his obligation to conduct comprehensive inspections of the Work, to furnish materials and perform acceptable Work, and to provide adequate safety precautions in conformance with the Contract Documents. If any of the services do not conform to contract requirements, the City may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re- performance, the City may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce payment to reflect the reduced value of the services performed. N. Billing, Invoices, and Payment Invoices for services should be submitted monthly to Utilities. Invoices should be itemized in accordance with address, personnel, number of hours, description of work completed, as well as an itemized material list, including markup. Billing invoices for completed jobs must use the prices established in the Agreement and must show mark-up on materials. Copies of material invoices must be included with the billing invoices. City policy is to pay invoices within 30 days of receipt of a complete and approved invoice. Changes and additions to the original work order must be approved via a change order prior to the work being started. Purchase order and work order numbers are required on invoices. DocuSign Envelope ID: FDB27030-0A67-4D2C-B12A-4A9BBD134EC6 SA WO Type – 8571 Electrical Neighborhood Conversions & System Improvements Page 12 of 15 O. Work Order Procedures As work arises, the City will contact the awarded Contractor and discuss the scope of work, ensuring that the Contractor has the time available for the project. The Scope of Work to be performed will be negotiated and then authorized through Work Orders. The Contractor, along with the City Project Manager will create a Scope of Work/Work Order for the project and subsequent construction phases. Projects may be phased with costs negotiated as each phase is identified. The Contractor shall provide all personnel, equipment and supplies necessary to complete the services set forth in the scope of work. Total project time, fees and expenses will be detailed as part of the project Scope of Work/Work Order for each individual project. Fees will be based on those submitted in the RFP response and negotiated in an “open book” manner. P. Accident Prevention and Safety Requirements The Contractor shall use prudent safety precautions for protection of the life and health of his/her employees and other persons, to prevent damage to property, materials, supplies, and equipment, and to avoid work interruptions in the performance of this contract. Contractor shall also take or cause to be taken such additional measures as the City’s representative may determine to be reasonably necessary. The Contractor shall submit a detailed report within 8 hours to the Director of Safety, Security & Risk Management on all accidents resulting in death, serious injury or damage to property, materials, supplies, and equipment incidental to work performed under this Contract. All accidents and minor injuries shall be reported to the City’s representative within a reasonable time. DocuSign Envelope ID: FDB27030-0A67-4D2C-B12A-4A9BBD134EC6 SA WO Type – 8571 Electrical Neighborhood Conversions & System Improvements Page 13 of 15 EXHIBIT C DocuSign Envelope ID: FDB27030-0A67-4D2C-B12A-4A9BBD134EC6 SA WO Type – 8571 Electrical Neighborhood Conversions & System Improvements Page 14 of 15 EXHIBIT D 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 reduce coverage or limits and will not be cancelled, except after thirty (30) 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 $1,000,000 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. DocuSign Envelope ID: FDB27030-0A67-4D2C-B12A-4A9BBD134EC6 New insurance SA WO Type – 8571 Electrical Neighborhood Conversions & System Improvements Page 15 of 15 EXHIBIT E 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. DocuSign Envelope ID: FDB27030-0A67-4D2C-B12A-4A9BBD134EC6 DocuSign Envelope ID: FDB27030-0A67-4D2C-B12A-4A9BBD134EC6 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) JECT LOC POLICY PRO- GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE OCCUR COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ DED RETENTION $ CLAIMS-MADE OCCUR $ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) 10/6/2017 Flood and Peterson PO Box 578 Greeley CO 80632 Dana Stewart, CIC, CISR 970 266 7149 970 506 6845 DStewart@floodpeterson.com Gregory Electric, Inc. 3317 N. Lincoln Ave. PO Box 2373 Loveland CO 80539 Charter Oak Fire Insurance Company 25615 Travelers Property Casualty Company 25674 Travelers Indemnity Company 25658 GL/AU/XS x10/18 WC x7/18 A X X X X DT-CO-5D974152-COF-17 10/1/2017 10/1/2018 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 B X X X X DT-810-5D974152-TIL-17 10/1/2017 10/1/2018 1,000,000 B X X X 10,000 CUP-8J590281-17-26 10/1/2017 10/1/2018 5,000,000 5,000,000 C N UB-7J036468-17-26-G 7/1/2017 7/1/2018 X 1,000,000 1,000,000 1,000,000 RE: Exhibit Lighting for Fort Collins Museum of Discovery. The City of Fort Collins, its officers, agents and employees are included as Additional Insured for General Liability and Auto Liability as required by written contract with respects to liability arising out of work performed by the named insured. D Stewart, CIC, CISR/ City of Fort Collins Purchasing Dept PO Box 580 Fort Collins, CO 80522-0000 DocuSign Envelope ID: FDB27030-0A67-4D2C-B12A-4A9BBD134EC6