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HomeMy WebLinkAboutRFP - 8667 ARC FLASH ANALYSISOfficial Purchasing Document Last updated 10/2017 RFP 8667 ARC Flash Analysis Page 1 of 25 REQUEST FOR PROPOSAL 8667 ARC FLASH ANALYSIS The City of Fort Collins is requesting proposals from qualified arc flash analysis contractors/ consultants to perform electrical engineering analysis. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit a hard copy proposal instead, one (1) hard copy and one (1) electronic copy on a jump drive, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock), March 20, 2018 and referenced as Proposal No. 8667. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions concerning the scope of the bid should be directed to Project Manager, Nick Jovene at (970) 221-6533 or njovene@fcgov.com. Questions regarding bid submittal or process should be directed to Doug Clapp, CPPB, Senior Buyer at (970) 221-6776 or dclapp@fcgov.com. All questions must be submitted in writing via email to Nick Jovene, with a copy to Doug Clapp, no later than 5:00 PM our clock on March 9, 2018. Questions received after this deadline will not be answered. A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. 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. All provisions of any contract resulting from this request for proposal will be public information. New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. 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 Official Purchasing Document Last updated 10/2017 RFP 8667 ARC Flash Analysis Page 2 of 25 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. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of the organization’s philosophy and approach to Sustainability. In no more than two (2) pages please describe how your organization strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates the Triple Bottom Line into our decision process by including economic (or financial), environmental, and social factors in our evaluation. The selected Service Provider shall be expected to sign the City’s standard Agreement without revision prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry Paul Purchasing Director Official Purchasing Document Last updated 10/2017 RFP 8667 ARC Flash Analysis Page 3 of 25 REQUEST FOR PROPOSAL 8667 ARC FLASH ANALYSIS 1. BACKGROUND The City of Fort Collins is accepting proposals from experienced arc flash analysis contractors/consultants to perform electrical engineering analysis to include: • Short circuit analysis • Protective device coordination analysis • Arc flash hazard analysis • Interrupt rating analysis • Customized electrical safety program • Arc flash and shock hazard warning labels There are twelve (12) offsite facilities the awarded Consultant will study during the on-site field analysis portion of the Scope of Services. The sites are listed in “Attachment A” as part of this RFP and incorporated herein by this reference. Attachment A lists the offsite facilities by their name and address. The City reserve the right to contract with the awarded Consultant to perform additional arc flash analysis and other related services as mutually agreed by the parties. 2. OBJECTIVE The purpose of the work to be performed under this contract is to identify electrical arch flash hazards, remove and/or mitigate identified electrical arc flash hazards, to label appropriate electrical equipment, to provide safe work zones, provide recommendations to reduce the hazard risk, identify the appropriate personnel protective equipment (PPE) and provide a customized Electrical Safety Program, all in compliance with the latest National Fire Protection Association (NFPA) 70E. 3. KEY ACTION DATES SUMMARY OF KEY DATES RFP Issuance: 2/22/18 RFP Questions Due: 3/9/18 Proposal Due Date: 3/20/18 – 3pm Mountain Time Short List for Interviews (if necessary): 4/4/18 Interviews (if necessary): 4/10/18 or 4/11/18 Contract Award: 4/24/18 - Tentative 4. SCOPE OF SERVICES A. Task 1 – Site Documentation and Field Collection of Data Official Purchasing Document Last updated 10/2017 RFP 8667 ARC Flash Analysis Page 4 of 25 1. Determine arc-flash incident energy levels and flash protection boundary distances for all listed facilities based on the results of the short circuit and coordination studies. Perform the arc-flash analysis as per industry standards for arc flash conditions and all modes of operation. 2. All necessary information shall be gathered and all electrical systems analyzed from the utility connection point to all equipment connections. All field technicians and/or service engineers shall be trained in electrical and arc flash safety and shall utilize their own PPE. All work shall be done in accordance with latest NFPA 70E and IEEE Standard 1584. 3. Services for each facility shall include but not limited to the following: a. Perform field collection of data • The Consultant is required to collect all data on the existing facilities electrical equipment and is NOT to assume that any drawings or documentation exist to aid in the collection or analysis. • The Consultant shall verify one-line diagrams, if available. If not available, the Consultant shall generate the appropriate detailed and accurate one-line diagrams. Discrepancies found in the drawings shall be brought to City of Fort Collins attention as a drawing markup. 4. One Line Diagrams information shall include but not be limited to: a. Electrical Structures b. Voltages at each point c. Short circuit available at each point d. Horsepower ratings of each motor e. City of Fort Collins standard names of all panels and equipment B. Task 2 - Arc Flash Analysis 1. Consultant will be responsible to perform the short circuit, coordination and interrupt rating studies which will precede the Arc Flash analysis. 2. Consultant will determine the level of incident energy at each switchboard, motor control center (MCC), panel board and other electrical equipment requiring analysis. Current NFPA and IEEE standards shall be utilized to yield arc-flash hazard results which comply with the latest industry standards. 3. Consultant shall determine if motor control buckets can be hot swapped and indicate as such on MCC arc flash 70E labels or specify on general use electrical safety labels. 4. Indicate problems discovered while performing the studies. It must include the following: a. Recommendations to mitigate arc flash hazards above Category 2 b. Identification of circuit protective devices with insufficient interrupt ratings c. Identification of circuits not property coordinated d. One-Line drawings of all equipment surveyed Official Purchasing Document Last updated 10/2017 RFP 8667 ARC Flash Analysis Page 5 of 25 e. Table of calculated arc flash data f. Coordination curves g. And any other pertinent data 5. Per IEEE 1584, “Equipment below 208/240V need not be considered unless it involves at least one 125kVA or larger low-impedance transformer in its immediate power supply.” Arc Flash calculations, shall will not be done on systems below 208/240V down stream of 125kVA and smaller transformers. 6. Arc Flash hazard labels for equipment needed are a product of the analysis. Labels provide qualified workers the information to determine the personal protective equipment (PPE) required to work on a given piece of equipment, or when the hazard level exceeds a safe work condition. 7. Provide labor and materials to: a. Affix labels to all 70E Rated Category 1 and above electrical fixtures b. Labels shall at a minimum indicate the following: 1. Arc Flash Boundary 2. Restricted Approach Distance 3. Limited Approach Distance 4. Glove Class 5. Incident Energy 6. PPE Category 7. Calorie Rating 8. Nominal Voltage 9. Upstream over-current protective device 10. Device name and assessment date c. Labels shall be required for all electrical equipment deemed to require a label. d. Arc Flash labels on Motor Control Centers shall indicate if MCC buckets can be hot swapped. C. Task 3 - Deliverables 1. After completion of the analysis, provide the following: a. A complete report for all the facilities in both electronic and in bound hard copy document form. b. Each facility will have its own separate electronic and hard copy of the report which shall contain, at a minimum, the following: 1) An introduction describing the background, objectives and the scope of the study 2) Basis of analysis 3) An executive summary with clearly written conclusions and recommendations. The recommendations will refer to reducing the arc flash hazard category to two or below and any other ways to enhance worker safety. 4) Coordination plots and protective device curves 5) One line diagrams Official Purchasing Document Last updated 10/2017 RFP 8667 ARC Flash Analysis Page 6 of 25 6) In tabulation format list device, device name, bus name, bus kV, protective, bus bolted fault, protective device arc fault, trip/delay time, duration of arc, arc type, arc flash boundary, working distance, required limited and restricted approach, incident energy, cal/cm2, conduit sizes, switchgear data, and required PPE. 7) Hazard/Risk Categories for the calculated incident energy levels. 8) The flash protection boundary of the equipment involved/evaluated. 2. Submit an electronic draft of each report to City of Fort Collins for review. The Consultant shall incorporate City of Fort Collins comments and submit an electronic version of the final draft reports to City of Fort Collins for final review. D. Task 4 - Customized Electrical Safety Program Consultant is to develop a written Electrical Safety Program that will be compliant with the latest NFPA 70E publication. The Electrical Safety Program shall incorporate the City of Fort Collins facilities referenced in Attachment A. The Electrical Safety Program should include the necessary language to implement but not be limited to the following elements: 1. Maintenance a. Consider the condition of the maintenance of the equipment and it’s component parts. 2. Awareness a. Document how employees must follow the policies and effectively implement the procedures. 3. Electrical Safety Program Controls a. Document how the Electrical Safety Program shall identify the controls from which it is measured and monitored b. Document which metrics could be used 4. General Risk Assessment a. The Electrical Safety Program should identify the steps that employees must take where the risk of injury from electrical hazards are unacceptable 5. Electrical Safety Auditing a. Document how the Electrical Safety Program shall be audited to verify that the procedures and principles within the program are in compliance with NPFA 70E. b. Document how field work shall be audited to verify the requirements within the safety program are being followed. 6. Training Requirements a. Specify how often employees shall be trained to identify and understand the relationship between electrical hazards and the possibility of injury Official Purchasing Document Last updated 10/2017 RFP 8667 ARC Flash Analysis Page 7 of 25 b. State the types of training that will be required • Classroom Arc Flash training • Emergency Response Training (contact release, first aid, etc.) • Qualification for electrical work • Training verification and documentation by the employer 7. Clarification on the difference between unqualified and qualified personnel 8. Outside contractor obligations in relation to City of Fort Collins’s Electrical Safety Program 9. Document alerting techniques and methods for the notification of approach and flash boundaries 10. Documentation for the use of personal protective equipment (PPE) by qualified employees 11. Documentation for energized electrical work permit policies and procedures 12. Documented protocols for de-energizing 13. Electrical safety requirements for any special equipment 14. Any other items that will be needed to be in compliance with the latest NFPA 70E and OSHA regulations 5. SUBMITTAL INSTRUCTIONS The following information must be included in the proposal. The required proposal documents must be arranged in the order listed below. The City reserves the right to reject any proposal exceeding these limits and/or omitting any Submittal Requirement. Proposals shall be evaluated using the criteria noted in this RFP. 1. Assigned Personnel: Brief company profile to include key personnel and roles, service standards and support capabilities. 2. Firm Capability: List of three (3) current references, with whom the Project Manager can contact, in which equivalent equipment was purchased and installed from the proposing vendor. Include the name and address of each referenced company, as well as the name, title, and phone number of the contact person. 3. Project Experience: List three projects including scope for providing ARC Flash Analysis within the last three years. 4. Cost: Complete #5 Price Schedule sheet. 5. Vendor Information: Complete #8 Vendor Statement sheet. Official Purchasing Document Last updated 10/2017 RFP 8667 ARC Flash Analysis Page 8 of 25 Attachment A Facility Name Address Approx. Square Footage Utility Service Center 700 Wood St 89,000 Streets 625 9th St 51,300 City Hall 300 LaPorte Ave, Bldg. A 31,500 Northside Azatlan 112 E Willow 49,800 215 N. Mason 215 N Mason 71,500 Lincoln Center 417 S. Meldrum 63,000 Museum of Discovery 408 Mason Ct. 55,000 Senior Center 1200 Raintree 41,200 Mulberry Pool 424 S. Sherwood 25,000 Police Services 2221 S. Timberline 98,800 281 N. College 281 N. College 37,500 Parks Maintenance Shop 413 S. Bryan 21,000 Official Purchasing Document Last updated 10/2017 RFP 8667 ARC Flash Analysis Page 9 of 25 5. PRICE SCHEDULE Please provide a breakdown of the complete costs associated for each building. Facility Name Utility Service Center $ _____________ Streets $ _____________ City Hall $ _____________ Northside Azatlan $ _____________ 215 N. Mason $ _____________ Lincoln Center $ _____________ Museum of Discovery $ _____________ Senior Center $ _____________ Mulberry Pool $ _____________ Police Services $ _____________ 281 N. College $ _____________ Parks Maintenance Shop $ _____________ Total cost for the project: $ ________________________________ Official Purchasing Document Last updated 10/2017 RFP 8667 ARC Flash Analysis Page 10 of 25 6. REVIEW AND ASSESSMENT Professional firms will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top-rated firms may be conducted. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures? 2.0 Cost and Work Hours Does the proposal include detailed cost break-down for each cost element as applicable and are the line-item costs competitive? Do the proposed cost and work hours compare favorably with the Project Manager's estimate? Are the work hours presented reasonable for the effort required by each project task or phase? 2.0 Firm Capability Does the firm have the resources, financial strength, capacity and support capabilities required to successfully complete the project on-time and in- budget? Has the firm successfully completed previous projects of this type and scope? Official Purchasing Document Last updated 10/2017 RFP 8667 ARC Flash Analysis Page 11 of 25 Definitions Sustainable Purchasing is a process for selecting products or services that have a lesser or reduced negative effect on human health and the environment when compared with competing products or services that serve the same purpose. This process is also known as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”. The Triple Bottom Line (TBL) is an accounting framework that incorporates three dimensions of performance: economic, or financial; environmental, and social. The generally accepted definition of Andrew Savitz for TBL is that it “captures the essence of sustainability by measuring the impact of an organization’s activities on the world…including both its profitability and shareholders values and its social, human, and environmental capital.” 7. 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? 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? Official Purchasing Document Last updated 10/2017 RFP 8667 ARC Flash Analysis Page 12 of 25 8. Vendor Statement The Professional hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. Additionally, the Professional hereby makes the following representations to the City: a. All of the statements and representations made in this proposal are true to the best of the Professional’s knowledge and belief. b. The Professional has obtained all necessary authorizations and approvals that will enable the Professional to commit to the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 180 days from the date hereof. d. I further agree that the method of award is acceptable to my company. e. I also agree to complete the proposed Agreements with the City of Fort Collins within 30 days of notice of award. f. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. g. I acknowledge receipt of addenda. Professional Firm Name: Physical Address: Remit to Address: Phone: Authorized Agent of Firm Name: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. Official Purchasing Document Last updated 10/2017 RFP 8667 ARC Flash Analysis Page 13 of 25 9. SAMPLE AGREEMENT FOR REFERENCE ONLY, DO NOT SIGN 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 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 . 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. No Work Order shall exceed $ . A general scope of services is attached hereto as Exhibit C, consisting of ( ) page(s), 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 such Work Order, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit B, consisting of one (1) page and incorporated herein by this reference. 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 Official Purchasing Document Last updated 10/2017 RFP 8667 ARC Flash Analysis Page 14 of 25 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. 4. Contract Period. This Agreement shall commence , 20 and shall continue in full force and effect until , 20 , 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. 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: Attn: City of Fort Collins Attn: 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. Contract Sum. 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. Official Purchasing Document Last updated 10/2017 RFP 8667 ARC Flash Analysis Page 15 of 25 8. Payments. a. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit , consisting of ( ) page(s), and incorporated herein by this reference. 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. 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. 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. Official Purchasing Document Last updated 10/2017 RFP 8667 ARC Flash Analysis Page 16 of 25 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 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 Official Purchasing Document Last updated 10/2017 RFP 8667 ARC Flash Analysis Page 17 of 25 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 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. 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 Official Purchasing Document Last updated 10/2017 RFP 8667 ARC Flash Analysis Page 18 of 25 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. 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 one (1) page, attached hereto and incorporated herein by this reference. Official Purchasing Document Last updated 10/2017 RFP 8667 ARC Flash Analysis Page 19 of 25 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: Official Purchasing Document Last updated 10/2017 RFP 8667 ARC Flash Analysis Page 20 of 25 EXHIBIT A WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND SERVICE PROVIDER'S NAME WORK ORDER NUMBER: PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date WORK ORDER COMMENCEMENT DATE: WORK ORDER COMPLETION DATE: MAXIMUM FEE: (time and reimbursable direct costs): PROJECT DESCRIPTION/SCOPE OF SERVICES: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master 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 after all parties have signed this document. SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 10/2017 RFP 8667 ARC Flash Analysis Page 21 of 25 EXHIBIT B CHANGE ORDER NO. PROJECT TITLE: SERVICE PROVIDER: Company Name WORK ORDER NUMBER: PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide details of the changes to the Work 3. Change in Work Order Price: 4. Change in Work Order Time: ORIGINAL WORK ORDER PRICE $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL WORK ORDER % ADJUSTED WORK ORDER COST $ .00 SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 10/2017 RFP 8667 ARC Flash Analysis Page 22 of 25 EXHIBIT C GENERAL SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 RFP 8667 ARC Flash Analysis Page 23 of 25 EXHIBIT (BID SCHEDULE/COMPENSATION) Official Purchasing Document Last updated 10/2017 RFP 8667 ARC Flash Analysis Page 24 of 25 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 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. Official Purchasing Document Last updated 10/2017 RFP 8667 ARC Flash Analysis Page 25 of 25 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.