biddoc.pdf

RFP 10347 Midtown Substation Transformer Purchase Page 1 of 30

REQUEST FOR PROPOSAL

RFP 10347 MIDTOWN SUBSTATION TRANSFORMERS PURCHASE

DUE: 3:00 PM MT (Mountain Time), SEPTEMBER 25th, 2026

The City of Fort Collins (City) is requesting proposals from qualified Suppliers to furnish and deliver two (2) Three-Phase, 115kV-13.8kV, 50 MVA outdoor power transformers, in accordance with Attachment A – Three Phase Large Outdoor 115kV Power Transformer Revision J, attached hereto and incorporated herein by reference, for the new Midtown Substation, a 115kV electrical substation being developed by City of Fort Collins Light & Power in partnership with Platte River Power Authority (PRPA).

This project will be executed under a single, fixed-scope Agreement between the City and the awarded Supplier for the manufacture, testing, and delivery of the two (2) transformers as described in the below scope of proposal. As part of the City’s commitment to sustainability, proposals must be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and Time will not be accepted by RMEPS.

A pre-proposal meeting will be at 11:00 AM on September 1st, 2026 MT. The pre-proposal meeting will be conducted by videoconference via Microsoft Teams. Please follow the link below:

https://teams.microsoft.com/meet/290362951735815?p=mv410SRvpiiyYuCm3E

Meeting ID: 290 362 951 735 815 Passcode: RT3Ly2EX

All questions should be submitted, in writing via email, to Moutaz "Taz" Badawi, Buyer II at abadawi@fcgov.com, with a copy to Luke Unruh, Project Manager, at lunruh@fcgov.com, and Glenn Travis, Sr Manager Substations, at gtravis@fcgov.com, no later than 3:00 PM MT on September 8th, 2026. Please format your e-mail to include: RFP 10347 Midtown Substation Transformer Purchase in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage.

Rocky Mountain E-Purchasing System hosted by BidNet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.

Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-

4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522

970.221.6775 fcgov.com/purchasing http://www.bidnetdirect.com/colorado/city-of-fort-collins https://teams.microsoft.com/meet/290362951735815?p=mv410SRvpiiyYuCm3E mailto:lunruh@fcgov.com mailto:gtravis@fcgov.com http://www.bidnetdirect.com/colorado/city-of-fort-collins

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The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.

The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding.

The City requires its Suppliers to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party Suppliers and their subcontractors at every tier.

Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Suppliers may submit one

(1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Suppliers may redact text and/or data that it deems confidential or proprietary pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal.

Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets, confidential commercial information and financial data information may not be disclosed by the City.

Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Suppliers hereby waive any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions and pricing of any contract resulting from this request for proposal will be public information.

Suppliers Registration: The City requires new Suppliers receiving awards from the City to submit IRS form W-9 and requires all Suppliers to accept 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.

Please do not submit these documents with your proposal, however, if you take exception to participating in Direct Deposit (Electronic) payments please clearly note such in your proposal as an exception. The City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion.

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.

http://www.fcgov.com/purchasing

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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.

The selected Supplier shall be required to sign the City’s Agreement prior to commencing services (see sample attached to this document).

Sincerely, Jake Rector Purchasing Director

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I. BACKGROUND & OBJECTIVE / OVERVIEW

A. Project Context

B. The City of Fort Collins Light & Power Department, in partnership with Platte River Power Authority (PRPA), is advancing a new 115kV electrical substation (the “Midtown Substation”) on City-owned Lots 3 and 4 at the intersection of West Drake Road, McClelland Drive, and West Thunderbird Drive. The existing substation serving this area has reached its structural limit, requiring feeders to share breakers in a configuration that no longer meets modern reliability standards. Site development review for the Midtown Substation is proceeding under a separate process. The City is now seeking a qualified Supplier to design, manufacture, test, and deliver two 50 MVA, 115kV-13.8kV power transformers for the new substation, in accordance with City of Fort Collins Light & Power Specification 362003 (Attachment A).

C. Objective The City of Fort Collins is requesting proposals from qualified Suppliers to design, manufacture, test, and deliver two 50 MVA, 115kV-13.8kV power transformers for the Midtown Substation project, in accordance with City of Fort Collins Light & Power Specification 362003 (Attachment A). The City anticipates this will be a single, fixed-scope purchase covering design, manufacture, factory testing, and delivery of the transformers;

installation and construction administration are excluded from this scope and will be procured separately by the City.

Proposals must include detailed pricing as part of the submittal, broken out per transformer and by payment milestone in accordance with the Payment Plan described in Section II.B, with any contingency assumptions clearly disclosed. Fee will be evaluated as part of the proposal review described in the Review and Assessment Criteria below.

D. Background

These transformers are for the Midtown Substation located at the south west corner of Drake Rd and College Avenue. Suppliers should plan factory testing, shipment scheduling and setting the transformer on the transformer pad and coordinate final delivery dates with the City as site readiness is confirmed.

Each transformer shall be designed, manufactured, and tested in strict accordance with City of Fort Collins Light & Power Specification 362003 (Attachment A). It is the Supplier’s responsibility to ship and deliver both transformers to the substation pad.

The selected Supplier shall work directly with the City to coordinate the delivery schedule as site readiness is confirmed.

E. Project Objectives Overall Project:

1. Furnish two transformers that fully conform to Attachment A and its referenced standards.

a. Design, manufacture, and test each transformer in accordance with ANSI

C57.12.10 and the ANSI/IEEE C57-series standards cited in the Specification.

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b. Meet all electrical ratings, service-area conditions (5,100-ft altitude, -45°C to 45°C ambient), and temperature-rise requirements specified in Attachment A.

2. Minimize total owning cost through low guaranteed losses.

a. Provide guaranteed no-load, load, and auxiliary loss values at nameplate rating;

losses will be evaluated using the capitalized cost figures in Attachment A ($5,400/kW no-load, $900/kW load, $500/kW auxiliary) and factored into the proposal evaluation.

b. Certify losses through factory testing; per Attachment A, the City reserves the right to deduct value from the contract if certified losses exceed guaranteed values beyond ANSI C57.12.00 tolerances.

3. Demonstrate manufacturing quality and reliability through a complete factory test program.

a. Perform all Design Tests and Routine Tests required by Attachment A, using the test methods specified therein.

b. Provide certified test reports to the City for review and approval prior to shipment.

c. Notify the City no less than four (4) weeks in advance of factory testing so City representatives may witness testing if desired.

4. Reduce risk of schedule delay through a disciplined submittal and review process.

a. Submit drawings, engineering data, and nameplate information per the schedule and content requirements in Attachment A, allowing time for City review and approval before fabrication begins.

b. Promptly coordinate any technical questions or proposed deviations with the City to avoid delays to the substation construction schedule.

5. Ensure safe, reliable delivery of both transformers to the project site.

a. Ship, deliver and set both transformers on the substation pad, coordinating the delivery schedule with the City as site readiness is confirmed.

b. Provide manufacturer field services as needed to support unloading, inspection, and placement.

6. Provide manufacturer support and assurance beyond delivery.

a. Furnish spare parts as identified in Attachment A.

b. Provide the standard warranty specified in Attachment A, along with field services to support commissioning as needed.

II. SCOPE OF PROPOSAL

A. Project Scope Overview Attached as Attachment A to this RFP is City of Fort Collins Light & Power Specification 362003, "Three Phase Large Outdoor 115kV Power Transformer," which governs the design, manufacture, and testing requirements for the transformer described herein.

General Scope of Proposal – The following is a list of scope items required of the awarded Supplier for the Midtown Substation transformer purchase project. While the scope below identifies the items required, it may not be all-inclusive of the scope required.

1. Design, Manufacture, and Testing

a. Design, manufacture, and test two (2) three-phase, 60Hz, mineral oil-immersed, outdoor power transformers with a rating of 50 MVA, 115kV delta high voltage, 13,800Y/7,970V secondary voltage, in full conformance with

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Attachment A – Three Phase Large Outdoor 115kV Power Transformer, attached hereto and incorporated herein by reference, and applicable ANSI/IEEE standards (C57.12.00, C57.12.10, and related)

b. Perform all Design Tests and Routine Tests defined in Attachment A, Section 4, including dielectric tests, temperature rise test, impedance and losses measurement, impulse tests, and sound level test

c. Provide certified test reports for City review and approval prior to shipment

2. Engineering Submittals & Approval

a. Provide outline/dimensional drawings, nameplate data, schematic and wiring diagrams, and bill of materials for City review and approval

b. Incorporate City and independent third party Engineer review comments, resubmit and gain approval by the City and third party Engineer prior to release for fabrication

3. Shipment, Delivery, Onsite Dressout and Testing

a. Prepare, protect, insure and ship the transformers in accordance with

Attachment A, Section 5, including impact recorders and shipping supports/bracing.

b. Coordinate delivery logistics (rail, offloading, site access) with the City.

Transformer delivery shall be coordinated with site readiness.

c. Deliver and set the transformer on the pad to the Midtown Substation site (or City-designated location) within the timeframe defined in the Anticipated Schedule below.

d. Submitted pricing is FOB Destination.

4. Documentation, Warranty, and Closeout

a. Provide final certified test reports, as-built drawings, O&M manuals, and warranty documentation.

b. Provide spare parts and accessories as specified in Attachment A.

c. Provide manufacturer's warranty per Attachment A terms.

B. Deliverables/Milestones Supplier is to provide a detailed, realistic manufacturing and delivery schedule with milestones and critical timelines from Agreement execution through final delivery and initial operation. Anticipated dates for contracting as a response to this RFP can be found in the Anticipated Schedule section below.

Payment Plan – to be completed on the timeline of each unit separately. The following percentages of the total purchase will be paid out at the City’s acceptance of the following deliverables:

Upon Contract/Purchase Order Execution 30%

At approved preliminary drawings 30%

Upon site delivery 30%

Upon initial energization not to exceed 120 days from delivery 10%

Deliverables/Milestones – Supplier shall meet the following milestones, per Attachment A, Schedule of Activities:

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- Engineering Schedule – 30 days after contract execution

- Initial detailed production schedule – 60 days after contract execution

- Preliminary Drawings – 90 days prior to manufacturing

- Release for Construction Drawings – 21 days prior to manufacturing

- Certified or Final Drawings – 45 days prior to shipment

- Final Instruction Manual – 60 days prior to delivery

- Unloading and Assembly Drawings – 15 days prior to delivery

C. Minimum Qualifications Supplier may be located outside the state of Colorado. The Supplier must meet, at minimum, the following qualifications:

- Minimum of twenty (20) years of continuous experience designing, manufacturing, and testing three-phase power transformers of 50 MVA and above, 115kV class or higher, for public utility customers.

- Manufacturing facility with in-house engineering, fabrication, and factory testing capability for the offered rating; no third-party or offshore subcontract testing.

- Quality management system certified to ISO 9001:2015.

- Designs, builds, and tests transformers in accordance with the applicable ANSI/IEEE standards referenced in Attachment A (C57.12.00, C57.12.10, and related).

- Demonstrated factory test capability to perform all Design Tests and Routine Tests required by Attachment A, Section 4.

- Maintains a U.S. based, dedicated in-house Field Service group capable of providing installation support, oil processing, field testing, engineering assessments, and retrofit/repair services.

D. Qualifications & Experience Suppliers must demonstrate the following:

- Minimum of five (5) similar units (three-phase, 115kV or higher, 50 MVA or larger) delivered to U.S. public utility or municipal customers within the last ten (10) years.

- Maintains a dedicated in-house Components/Load Tap Changer (LTC) group providing LTC analysis, reverse engineering, and maintenance support in addition to core transformer manufacturing.

- U.S.-based workforce with employees across manufacturing, engineering, and field service operations, demonstrating sufficient staffing depth to support the project schedule.

- A well established U.S. manufacturing history of producing power transformers of this class.

- Standard manufacturer's warranty of five (5) years or longer on materials and workmanship.

- Demonstrated on-time delivery performance and proven field reliability, supported by public utility references.

- Maintains an active Foreign Object Debris/Damage/Foreign Object Elimination prevention program, including receiving inspection, final inspection, and the processes and controls at manufacturing areas to prevent introduction of foreign objects into any item delivered under this contract.

E. Anticipated Schedule

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The following represents the City’s target schedule for the RFP. The City reserves the right to amend the target schedule at any time.

• RFP issuance August 24th, 2026

• Pre-Proposal Meeting: 11:00 AM MT on September 1st, 2026

• Question deadline: 3:00 PM MT on September 8th, 2026

• Final Addendum Issued: September 14th, 2026

• Proposal due date: 3:00 PM MT on September 25th,2026

• Interviews: [Tentative] Week of October 12th, 2026

• Award: October 2026

F. Interviews In addition to submitting a written proposal, the top-rated Suppliers may be interviewed or asked to participate in a technical clarification meeting by the RFP assessment team or asked to participate in an oral presentation to provide an overview of the company, approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV.

This interview or technical clarification meeting will last between 2-4 hours and may be scheduled over 1-2 days depending on schedules.

Instead of traditional in-person interviews for the optional interview session, the City may opt to use alternate methods including, but not limited to remote interviews through a platform such as Microsoft Teams.

G. Subcontractors Suppliers will be responsible, with the acceptance by the City, for identifying any subcontractors in their proposal. Please note that the City may contract solely with the awarded Supplier; therefore, subcontractors will be the responsibility of the Suppliers.

H. Current standards All work and/or materials must meet current standards in force by recognized technical and professional societies, trade and materials supply associations, institutes and organizations, bureaus and testing laboratories, and national, federal, state, county, and local laws, codes and ordinances.

I. Fees, Licenses, Permits The successful Supplier shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All vehicles and equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law.

J. Laws and Regulations The Supplier agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances to include American Disabilities Act (ADA).

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K. Agreement The awarded Supplier will be required to sign the City’s standard Goods Agreement for this single, fixed-scope purchase, a sample of which is attached as Section V for reference purposes.

The Agreement will include a defined Scope of Services, fee, and schedule for this transformer purchase. Any changes to the scope, fee, or schedule must be agreed upon in writing by both parties.

L. Invoicing and Payment Invoices should be emailed to invoices@fortcollins.gov with a copy to the Project Manager. The cost of the transformers shall be paid to the Supplier upon achievement of each payment milestone identified in the Payment Plan in Section II.B, following submittal of a correct invoice by the Supplier indicating the project name, Purchase Order number, milestone achieved, and amount due, along with supporting documentation demonstrating that the milestone has been met.

Payments will be made using the prices and milestones stated in the Agreement. In the event work is requested which is not stated in the Agreement, the Supplier and the City will negotiate an appropriate price prior to the Supplier initiating such work.

The City pays invoices on Net 30 terms.

III. PROPOSAL SUBMITTAL

Please limit the total length of your proposal to a maximum of twenty (20) 8 ½ x 11” pages (excluding cover pages, table of contents, dividers, requested writing samples and Acknowledgement form). The page limit includes personnel qualifications. Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom.

Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed pricing and schedules. Links to other files or websites shall not be permitted. Proposals that do not conform to these requirements may be rejected.

Suppliers are required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what Suppliers propose to provide and shall be incorporated in the contract award as deemed appropriate by the City.

A proposal that does not include all the information required may be deemed non-responsive and subject to rejection.

Responses must include all the items in the order listed below. It is suggested that the Suppliers include each of the City’s questions with their response.

The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal.

A. Cover Letter / Executive Summary The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm.

Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section.

B. Supplier Information mailto:invoices@fortcollins.gov

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1. Describe the Supplier’s business and background

2. Number of years in the business

3. Details about ownership

4. An overview of manufacturing capabilities, product lines, and qualifications

5. Size of the firm

6. Location(s) of manufacturing facilities and offices. If multiple, please identify which facility will manufacture the transformers for this project.

7. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s).

C. Scope of Proposal

1. Provide a detailed narrative of the services proposed if awarded the contract per the scope above. The narrative should include any options that may be beneficial for the City to consider.

2. Describe how the project would be managed and who would have primary responsibility for its timely and professional completion.

3. Briefly describe the approach to execute the scope of work to include the methods and assumptions used, and any exceptions and/or risks.

4. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties.

5. Include a description of the software and other analysis tools to be used.

6. Identify what portion of work, if any, may be subcontracted to other suppliers. Include all applicable information herein requested for each Supplier.

7. Can the work be completed in the necessary timeframe, with target start and completion dates met?

8. Are other qualified personnel available to assist in meeting the project schedule if required?

9. Is the project team available to attend meetings as required by the Scope of Work?

10. Provide an outline of the schedule for completing tasks.

11. Provide a detailed pricing proposal for the scope of work described, broken out per transformer and by payment milestone in accordance with the Payment Plan described in Section II.B, with any contingency assumptions clearly disclosed.

D. Quality Assurance Program Describe the Supplier’s Quality Assurance Program, including:

1. Program overview and scope of quality management system certification — an internationally recognized standard such as ISO 9001:2015 or an equivalent, subject to City approval (registrar, certificate scope, and the facility(ies) covered).

2. Requirements management and traceability: how specification and contract requirements are captured and carried through design, manufacturing, and final test records, so that each requirement can be traced to objective evidence of conformance.

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3. Verification and validation (V&V) approach for design and production, including design reviews, engineering analysis/calculations, first-article inspection, and type testing.

4. Objective evidence produced at each stage of manufacture — inspection records, material certifications, in-process and final test reports, and non-conformance/corrective-action (NCR/CAPA) records.

5. Internal and third-party quality audit program, including audit frequency and scope, and whether the City may audit or witness the Supplier’s quality process.

6. The factory acceptance testing plan proposed for this order, including routine tests, type tests (e.g., temperature rise, lightning impulse), and any special diagnostics (e.g., partial discharge, SFRA fingerprinting).

E. Firm Capability and Assigned Personnel Provide relevant information regarding previous experience related to this or similar projects, to include the following:

1. Provide an Organization Chart/Proposed Project Team: An organization chart containing the names of all key personnel and subcontractors, with titles and their specific role in delivering this project, shall be provided in this section.

2. Provide qualifications for key personnel assigned to this project (e.g., project manager, quality manager, engineering lead), including relevant experience with similar transformer projects. Please limit to one page per person.

3. A list of qualifications for your firm and qualifications and experience of the specific staff members proposed to perform the work described above.

4. References. Provide a minimum of five (5) similar transformer supply projects completed for a public utility or municipal agency in the last ten (10) years. Include the owner’s name, project title, contract price, contact name, email and phone number, and a brief description of the equipment supplied and any change orders. A successful Supplier will also demonstrate their ability to successfully deliver similar projects on time. The Supplier authorizes the City to verify any and all information contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information provided.

5. Provide any information that distinguishes Supplier from its competition and any additional information applicable to this RFP that might be valuable in assessing Supplier’s proposal.

F. Factory Performance Metrics To assist in the evaluation of the overall proposal, the transformer manufacturer must include the following reference metrics if available:

• A list of comparable units currently in service and how long they have been in service.

• Failure history/statistics within the past 20 years.

• Factory capacity.

• Average field-service response time

G. Cost and Lead Time

1. The proposed equipment is within the City’s budget.

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2. Supplier will provide an estimated delivery lead time as part of their proposal.

G. Sample Agreement Included with this request for proposals is a sample Agreement that the City intends to use for obtaining the transformers from the Supplier. The Supplier is required to review this Agreement and indicate any objections to the terms of the contract. If revisions to the contractual terms are requested, provide suggested revisions.

IV. REVIEW AND ASSESSMENT CRITERIA

A. Proposal and Interview Criteria Suppliers will be evaluated on the following criteria. This set of criteria will be the basis for review and assessment of the written proposals. Interviews of the top-rated Suppliers may be conducted at the City's discretion.

The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements, a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds minimum requirements in that category.

WEIGHTING

FACTOR CATEGORY STANDARD QUESTIONS

3.5 Scope of

Proposal

Does the proposal fully conform to Specification 362003 (Attachment A), with any exceptions or deviations clearly identified and justified? Does the design meet all required electrical ratings, service-area conditions, and construction requirements? Does the Supplier maintain a comprehensive Quality Assurance Program — backed by an internationally recognized quality management system certification, such as ISO 9001:2015 or an equivalent standard (subject to City approval)? Can the Supplier meet the required delivery and production schedule, including shipment to Fort Collins and substation pad site readiness? Does the proposal include the required warranty, with guaranteed loss values and other performance guarantees clearly stated?

4.5 Firm Capability & Assigned Personnel

Has the Supplier successfully manufactured and delivered 115kV power transformers of similar or greater MVA rating, with references and cost history for comparable projects? Are the assigned project manager, quality manager, and engineering lead qualified and experienced with similar transformer projects? Do the Supplier’s Factory Performance Metrics (failure history, factory capacity, field-service response time) reflect a strong quality and reliability track record? Does the Supplier provide maintenance/service support, spare parts availability, and field services for unloading, inspection, placement, and commissioning? Does the Supplier have a

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2.0 Cost and Lead

Time

Is the proposed price competitive and reasonable? Does cost include FOB destination? Does the pricing proposal break out cost per transformer and by payment milestone per Section II.B? Are guaranteed no-load, load, and auxiliary losses disclosed and evaluated using the capitalized cost figures in Attachment A?

Official Purchasing Document Last updated 11/2024

Goods Agreement RFP 10347 Midtown Substation Transformers Purchase Page 14 of 30

GOODS AGREEMENT

This Goods Agreement (Agreement) made and entered into the day and year set forth in the Agreement Period section below by and between the CITY OF FORT COLLINS, COLORADO, a Colorado Municipal Corporation, (City) and (SUPPLIER NAME), a(n) [enter state] [business type], (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. The Provider agrees to provide and deliver goods in accordance with the Scope of Services/Provider’s Bid Response attached hereto as Exhibit A, consisting of [# of Pages], and incorporated herein. Irrespective of references to named third parties in this Agreement and its Exhibits, the Provider shall be solely responsible for performance of all duties hereunder.

2. Time of Commencement and Completion of Services. The goods to be delivered pursuant to this Agreement shall be initiated immediately following execution of this Agreement.

Delivery of the products stated in Exhibit A (delivery date will be agreed upon by both parties in the agreement negotiations phase). The order shall be shipped and delivered complete and undamaged. The delivery address is: City of attention Glenn Travis at gtravis@fcgov.com .

3. Changes. The City may, at any time during the term of the Agreement, make changes to the Agreement. Such changes shall be agreed upon in writing by the parties.

4. Agreement Period. This Agreement shall commence , 20 (the Effective Date) and shall continue in full force and effect until The City receives and accepts delivery of the equipment.

5. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause or penalty by providing at least ten (10) calendar days written notice of termination to the Provider.

In the event of early termination by the City, the Provider shall be paid only for undamaged goods provided or services rendered to the date of termination, subject only to the satisfactory performance of the Provider's obligations under this Agreement. Provider shall submit a final invoice within ten (10) calendar days of the effective date of termination.

Payment shall be the Provider's sole right and remedy for such termination.

6. Notices. All notices provided under this Agreement shall be effective immediately when mailto:gtravis@fcgov.com

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Supplier: CITY: Copy to:

Attn:

Email Address

City of Fort Collins Attn: Glenn Travis PO Box 580 Fort Collins, CO 80522 gtravis@fcgov.com

City of Fort Collins Attn: Purchasing Dept.

PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com

All notices under this Agreement shall be written.

7. Compensation. The City shall pay the Provider for the performance of this Agreement, subject to additions and deletions provided herein, as per the line item pricing in the attached Exhibit B, consisting of [# of Pages], attached and incorporated herein. Shipping terms are FOB Destination(s).

Invoices shall be emailed to invoices@fortcollins.gov with a copy to the City Project Manager. The cost of the Services completed shall be paid to the Provider following the submittal of a correct itemized invoice by the Provider. The City is exempt from sales and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request.

The City pays undisputed invoices on Net 30 days from the date of the invoice submittal to the City or, for disputed invoices, Net 30 days from the date of City Project Manager’s approval.

8. Insurance. The Service Provider shall maintain insurance in accordance with Exhibit C consisting of two (2) pages, attached and incorporated herein.

9. Liquidated Damages. City and Provider recognize that time is of the essence and that the City will suffer financial loss if the delivery is not completed within the times specified above, plus any extensions thereof allowed. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by City if the delivery is not completed on time. Accordingly, instead of requiring any such proof, City and Provider agree that as liquidated damages for delay (but not as penalty) Provider shall pay City the amounts set forth hereafter.

a. Final Delivery. One Thousand Dollars ($1,000.00) per day for failure to deliver the equipment by the required delivery date until the equipment is delivered and accepted by the City

10. Appropriation. To the extent this Agreement or any provision in it requires payment of any nature in fiscal years subsequent to the current fiscal year and constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by Fort mailto:purchasing@fcgov.com mailto:invoices@fortcollins.gov

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Collins City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which there are no pledged cash reserves or supporting appropriations pledged irrevocably for the purposes of payment obligations herein. Non appropriation by the City shall not be construed as a breach of this Agreement.

11. Subcontractors. The Provider may not subcontract any of the Work set forth in Exhibit A, Scope of Services/Provider’s Bid Response without the prior written consent of the City, which shall not be unreasonably withheld. In the event any of the Work is subcontracted hereunder, 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 subcontractor 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 Provider.

The Provider shall require all subcontractors/subconsultants performing Work hereunder to maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit C attached hereto and incorporated herein by this reference. The Provider shall maintain a copy of each subcontract’s certificate evidencing the required insurance. Upon request, the Provider shall promptly provide the City with a copy of such certificate(s).

12. City Project Manager. The City has designated [Enter Name] the City Project Manager who will make, within the scope of their authority, all necessary and proper decisions with reference to the Services provided under this Agreement. All requests for contract interpretations, change order, and other clarification or instruction shall be directed to the City Project Manager.

13. Independent Contractor. The services to be performed by the Provider are those of an independent contractor and not of an employee of the City. The City shall not be responsible for withholding or remitting any portion of Provider's compensation hereunder or any other amounts on behalf of Provider for the payment of FICA, Workmen's Compensation, unemployment insurance, other taxes or benefits or for any other purpose.

14. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Provider and that this Agreement shall be considered as an Agreement for personal services. Accordingly, the Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City.

15. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the

RFP 10347 Midtown Substation Transformers Purchase Page 17 of 30 goods 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.

16. Warranty.

a. The Provider warrants that all goods delivered, hereunder shall be provided 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 shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use.

c. The Provider warrants all products provided under this Agreement, against defects and nonconformances in design, materials and workmanship/workwomanship in accordance with product specifications for a period of five (5) years and/or the original manufacturer’s warranty, whichever is longer, from date of successful Acceptance. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be repaired or replaced by the Provider in a manner and at a time acceptable to City.

17. 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.

18. Remedies. In the event a party has been declared in default, that defaulting party shall be allowed a period of ten (10) calendar days from the date of notice 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 themselves of any other remedy at law or equity.

In the event of a dispute between the parties regarding this Agreement, each party shall bear its own attorney fees and costs.

19. Entire Agreement; Binding Effect; Authority to Execute. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties regarding this transaction and the matter recited herein. This Agreement supersedes any prior agreements, promises, or understandings as to the matter recited herein. The Agreement 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. Covenants or representations not contained in this Agreement shall not be binding on the parties. In the event of a conflict between terms of the Agreement and any exhibit or attachment, the terms of the Agreement shall prevail. Each person executing this Agreement affirms that they have the necessary

RFP 10347 Midtown Substation Transformers Purchase Page 18 of 30 authority to sign on behalf of their respective party and to bind such party to the terms of this Agreement.

20. Indemnification. The Provider shall indemnify, defend, and hold harmless the City and its officers and employees, to the maximum extent permitted under Colorado law, against and from any and all actions, suits, claims, demands, or liability of any character whatsoever claimed by the Provider or third parties against the City arising out of or related to this Agreement (including but not limited to contract, tort, intellectual property, accessibility, or otherwise). This obligation extends to reimbursement of the City's defense costs and reasonable attorney’s fees.

21. Law/Severability. The laws of the State of Colorado and the City of Fort Collins Charter and Municipal Code shall govern the construction, interpretation, execution, and enforcement of this Agreement—without regard to choice of law or conflict of law principles. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the City subsequently agrees in writing that the matter may be heard in federal court, venue will be in U.S. District Court for the District of Colorado. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, that holding shall not invalidate or render unenforceable any other provision of this Agreement.

22. Prohibition Against Unlawful Discrimination. The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, affirmatively ensures that for all contracts entered into with the City, disadvantaged business enterprises are afforded a full and fair opportunity to bid on the Agreement and are not to be discriminated against on the grounds of race, color, or national origin in consideration for an award.

The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding.

The City requires its Suppliers to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party suppliers and their subcontractors at every tier.

23. Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, and under any other applicable law.

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24. City’s Right to Inspect.

a. Subject to City’s reasonable advance notice to Provider, City may observe, inspect and/or test all goods at any time or place, including the Provider’s premises and the Provider’s supplier’s premises. Provider shall furnish, without additional charge, all reasonable facilities, equipment and assistance required for safe and convenient observation, inspection and/or test of Provider’s premises.

b. If City deems goods as not in conformance with the Agreement, the Provider shall take prompt action to correct such non-conformance. At the City’s discretion, the cost of all subsequent inspections by the City shall be deducted from the Price.

c. City’s inspection, or witness of, or participation in any tests (or the failure of City to inspect or test) shall not relieve Provider of its obligations to assure goods conform to all requirements.

d. Unless otherwise stated in Agreement, Final Acceptance of the goods by the City shall take place upon the successful start-up and operation of the goods on the City’s premises.

e. Payment or Final Acceptance shall not relieve the Provider from its obligation to meet all requirements and shall not impair City’s right to reject or revoke acceptance of non-conforming goods or to avail itself of any other remedies to which it may be entitled notwithstanding knowledge of the nonconformity, its substantiality, or the ease of its discovery.

25. Colorado Open Records Act. The Provider acknowledges the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. § 24-72-200, et seq. (CORA), and documents in the City’s possession may be considered public records subject to disclosure under the CORA. The parties agree that this Agreement and all incorporated Exhibits, unless specifically marked as Confidential, are considered public records under the CORA.

26. Delay. Time is of the essence.