EnerVision - Program Management, Engineering ......REQUEST FOR PROPOSAL # 2014-033 Program Management, Engineering, Construction, Operations and Maintenance – 2015 through 2019 Material

REQUEST FOR PROPOSAL

# 2014-033

Program Management, Engineering, Construction, Operations and Maintenance –

2015 through 2019 Material Service Agreement (MSA)

Release Date: Tuesday September 23, 2014 Proposals Due: Tuesday October 14, 2014

PEDERNALES ELECTRIC COOPERATIVE

STATEMENT OF WORK

Confidentiality/Security Warning

The information contained within this document is proprietary to Purchaser/Owner and is confidential. It may not be disclosed to any party outside its intended audience without the written permission of Purchaser. This document may not be reproduced, either by photocopy or electronically without the written permission of Purchaser. Every recipient of this document acknowledges, by retention and use, the confidential nature of the material contained herein, and agrees to prevent the distribution of this document, by intent or otherwise, beyond its intended audience.

TABLE OF CONTENTS

02 BACKGROUND................................................................................................................................. 1 03 MANNER OF SUBMITTING PROPOSALS ...................................................................................... 2 04 DEFINITION OF TERMS .................................................................................................................. 4 05 SCOPE OF SERVICES .................................................................................................................... 5 06 STANDARDS AND SPECIFICATIONS .......................................................................................... 18 07 TERM OF CONTRACT ................................................................................................................... 18 08 WORKLOAD ................................................................................................................................... 18 09 PERFORMANCE REQUIREMENTS .............................................................................................. 18 10 PROGRESS CHECKS AND APPROVALS .................................................................................... 19 11 SUPPLIER COMPENSATION ........................................................................................................ 20 12 ACCEPTANCE OF THE WORK ..................................................................................................... 20 13 INVOICES ....................................................................................................................................... 21 14 PAYMENTS ..................................................................................................................................... 21 15 WITHHOLDING PAYMENTS .......................................................................................................... 21 16 REIMBURSEMENT TERMS ........................................................................................................... 22 17 WORKMANSHIP ............................................................................................................................. 22 18 LOCAL CONDITIONS ..................................................................................................................... 22 19 EXAMINATION................................................................................................................................ 22 20 PEC’S RIGHT TO COMPLETE SERVICES ................................................................................... 23 21 SUPERVISION AND INSPECTION ................................................................................................ 23 22 RIGHT OF TERMINATION ............................................................................................................. 24 23 TITLE ............................................................................................................................................... 25 24 INDEMNIFICATION REQUIREMENTS .......................................................................................... 25 25 INSURANCE ................................................................................................................................... 26 26 BONDS ............................................................................................................................................ 28 27 WARRANTY .................................................................................................................................... 29 28 PERMITS AND LICENSES ............................................................................................................. 30 29 TAXES ............................................................................................................................................. 30 30 INDEPENDENT CONTRACTOR .................................................................................................... 30 31 PROPERTY DAMAGE .................................................................................................................... 30 32 PUBLIC LIABILITY .......................................................................................................................... 31 33 SUBCONTRACTORS ..................................................................................................................... 31 34 FORCE MAJEURE ......................................................................................................................... 31 35 ASSIGNABILITY ............................................................................................................................. 32 36 RIGHT TO AUDIT ........................................................................................................................... 32 37 EQUAL EMPLOYMENT OPPORTUNITY ....................................................................................... 33

i CONFIDENTIAL Pedernales Electric Cooperative September 2014

38 SEVERABILITY OF PROVISIONS ................................................................................................. 33 39 CONFLICTS OF INTEREST ........................................................................................................... 33 40 HOLIDAYS ...................................................................................................................................... 34 APPENDIX 1. 2015 CAPITAL IMPROVEMENT PROJECT PROPOSALS ................................................ 35 APPENDIX 2. LABOR UNITS SPREADSHEETS, OVERHEAD AND UNDERGROUND.......................... 39 APPENDIX 3. TIME AND EQUPIMENT RATES ........................................................................................ 94 APPENDIX 4. FORM OF FINAL ACCEPTANCE ....................................................................................... 95 APPENDIX 5. CIRCUIT DIAGRAMS .......................................................................................................... 96

ii CONFIDENTIAL Pedernales Electric Cooperative September 2014

02 BACKGROUND

Pedernales Electric Cooperative, Inc. ("PEC") is the largest distribution electric cooperative in the nation

- one that covers 8,100 square miles and serves more than 260,000 meters in twenty-four counties in

Texas. PEC’s headquarters is located in Johnson City, Texas, with 16 district and business offices

located throughout the service area.

PEC’s operational commitment is to provide reliable electricity and excellent service to members at

competitive prices and to guide responsible stewardship of our resources and provide a rewarding, fair,

and safe work place for our employees. As a cooperative, PEC is owned by the "members" it serves.

Members – not stockholders – invest in the Cooperative through their electric billings and share in the

cooperative’s margins. Because of this unique business model, PEC members demand the best

service, reliability, and management at the lowest cost to members

PEC’s objective is to select a single supplier for operations and maintenance support of its electric

system facilities. This may include individual or a combination of the following services: Distribution

and System Planning, Rights of Way, Permitting and Environmental Management, System

Protection/Event Analysis, Testing, Commissioning, and Maintenance, Program and Project

Management, and/or Emergency outcall / service restoration (Storm Services). Other support, such as

liaison support with local municipal, county, or state agencies, such as TX-DOT, may also be required.

Supplier will provide the necessary manpower and equipment required to perform the requested

Services, whether in PEC’s service territory or on Contractors own premises as is the case for Planning,

Engineering, and System Protection. Due to the intricacies of said scope of services, Supplier’s

operations and maintenance (O&M) offices, as well as Supplier’s material staging facilities, must be

within a 2 hour driving radius of PEC’s headquarters in Johnson City, TX. Supplier will perform

requested Services as directed by PEC resources and in accordance with the criteria provided in this

RFP. Services to be provided must comply with the technical and commercial requirements defined in

this RFP and resulting Contract, its exhibits, and referenced specifications.

1 CONFIDENTIAL Pedernales Electric Cooperative September 2014

PEC Service Territory

03 MANNER OF SUBMITTING PROPOSALS

The following section provides direction to each potential Supplier who is anticipating the preparation

and submittal of a proposal for PEC evaluation (“Bidder”). The following provides direction to the

potential Bidders as to how they shall submit their proposal to PEC for evaluation. Each Bidder shall

submit their Proposal as follows:

1. One (1) electronic copy of the complete Proposal in PDF format including a scanned, signed copy of any required forms;

2. Six (6) complete bound hardcopies including:

1. One (1) bound original with the original signed copy of any required forms, and originals of

the bonds posted;

2. Five (5) bound hardcopies of the complete Proposal.


Each copy of the Proposal (electronic and hardcopy) shall be complete proposals containing

appropriate and binding responses as requested herein. The Pricing section of the Proposal shall be

included in the proposal as a separate section and clearly marked as such. Contract forms provided

herein shall be executed by the Bidder and included with the hardcopies of the Proposal. In the Pricing

Section of the proposal, the Bidder shall complete the proposal pricing using the Price Worksheets

included in Appendix 1, 2, and 3 of this RFP. For the Price Worksheet in Appendix 1, Bidder shall

submit pricing for each entire project. For the Price Worksheets in Appendix 2 and 3, the Bidder will

provide unit pricing. The Pricing form used by the Bidder to provide the details of the pricing for their

Proposal shall be included in the Appendices of the Proposal as Appendix A.

Any and all contractual information and technical materials deemed appropriate and required by the

Bidder to fully clarify their Proposal and confirm compliance with the requirements of this RFP shall be

submitted and bound with the Proposal. All materials prepared by the Bidders to document their

capabilities and compliance with the RFP and submitted with the Proposal shall be included in their

Proposal as appendices. These appendices shall be listed in the Table of Contents clearly referenced

by the title and document name within the appropriate, corresponding section(s) of the Proposal.

The Bidder shall guarantee their Proposal to be valid for a period of not less than ninety (90) days after

the Proposal due date. All prices included in the Bidder’s Proposal shall be guaranteed for a period of

not less than twelve (12) months following Proposal due date.

Following the expiration of the Bidder’s twelve (12) month price guarantee the Bidder may escalate the

price of the material and labor units identified within their Proposal and included in the final Contract

based on a price escalation calculation tied to the average change in the annual Consumer Price Index

(CPI) as published in the Wall Street Journal the last week of January each year for the previous

year. This escalation in price will establish the price ceilings for each labor and material unit for the

new year (January – December).

The six (6) hardcopies of the Bidder’s complete Proposal shall be submitted to EnerVision, Inc. acting

on behalf of PEC, to the attention of Ms. Mary Ellen Cole, Senior Consultant. Ms. Cole’s contact

information including her e-mail address is provided below.

Ms. Mary Ellen Cole

Senior Consultant

EnerVision, Inc. 4170 Ashford Dunwoody Drive Suite 550 Atlanta, GA 30319 Phone: 678-510-2920 [email protected]


mailto:[email protected]

Bidders shall deposit their Proposal package by 1:00 p.m. CPT, October 14, 2014. The electronic copy

of the Proposal shall be e-mailed to Ms. Cole for receipt by or before the same date and time. Proposals

received after the specified deadline will be rejected and returned to the Bidder up-opened.

The hardcopies of the Proposal shall be submitted to Ms. Cole in a sealed envelope addressed to

EnerVision, Inc. The name and address of the Bidder, and the date and time of the Proposal opening

shall appear on the envelope within which the Proposals are submitted. Each Proposal package

received will be opened at a public opening at 9:00a CPT the following day. The Proposals will be

opened and the apparent low Bidder announced. Within five (5) Business Days following the

announcement of the low Bidder the Proposals will be evaluated by PEC and EnerVision on the basis

of the compliance of each with the requirements and instructions of the RFP and the winning evaluated

Bidder notified.

All contacts, questions, or requests for clarification shall be directed to Ms. Cole via e-mail or phone

call. Proposals will be date stamped by EnerVision, Inc. on behalf of PEC. Proposals (hardcopies and

e-mail) received after the deadline specified herein will be rejected and returned to the Bidder un-

opened.

PEC reserves the right to reject any and all Proposals received for any cause and without explanation

or justification.

04 DEFINITION OF TERMS

This section is intended to provide a clear definition of those terms used within the text of the RFP.

1. “Attacher” – Any cables, wires, conductors, or devices that are attached to PEC owned poles, other than those installed by PEC, are considered attachments. Any company other than PEC,

making these attachments are considered to be “Attachers” regardless of whether that

company is paying a rental fee for space. 2. “Contract Administrator” and “Administrator” – PEC representative responsible for

overseeing all aspects of the Contract, including receipt of invoices for work performed. 3. “Contract Date” - the date indicated in the Contract on which it becomes effective, or if not

indicated, the date on which the Contract was signed by the last party to sign and deliver it. 4. “Day” - a calendar day of twenty-four (24) hours. 5. “Central Prevailing Time” or “CPT” – is the current time in the Central Time zone of the

United States whether it is Central Standard Time or Central Daylight Savings Time. 6. “Engineering and Construction Contract” or “EC Contract” – the contract between PEC

and the Supplier which defines the Work to be performed by both parties, the schedule for each

project assigned the Supplier, associated pricing for the labor units expended and any material

units identified.


7. “Project Manager” – the person or persons designated by PEC from their staff or consultant staff and a similar position designated by the Supplier to manage the day-to-day activities and

routine progress reporting for each project. 8. “Proposal” - the priced response offer from the Bidder submitted in the prescribed form in

response to the RFP which sets forth the Work to be performed, any materials and equipment

to be delivered or provided to respond to the RFP and the related pricing. 9. “Request for Proposal” and “RFP” – the document comprised of the contract Terms and

Conditions, project description, technical specifications and instructions to Bidders to which the

Bidders are to prepare their priced response. 10. “Services” - the work (activities, tasks, and other) performed by the Supplier at the direction

of the PEC Project Manager to accomplish the various projects identified in the Capital Project

Implementation Plan included in the EC Contract. 11. “Subcontractor” - an individual, firm or corporation having a direct contract relationship with

the selected Bidder or Bidder’s contractor for performance of the Work specified. 12. “Supplier” - the Bidder or Respondent selected by PEC to perform the Work specified within

the RFP or as directed by the PEC Project Manager.

05 SCOPE OF SERVICES

Supplier shall furnish engineering and labor described herein. If specific scopes of work are

subsequently issued, Supplier shall subsequently supply all other costs of doing business, including

but not limited to overhead, profit, taxes, permits, insurance, fringe benefits, travel, fuel costs, tools,

and equipment to complete requested Services by PEC. Supplier may consider outsourcing some

services, however, the Supplier shall be considered the prime contractor with sole responsibility to PEC

for the successful completion of each project assigned by the PEC Project Manager. Outsourcing of

material should be less than 30% of the aggregate of the composite of all services in order to provide

the true single point of contact for overall responsibility. Material purchased for Services by Supplier,

if any, or issued for Services by PEC to Supplier, must be kept in appropriate storage such that it is not

damaged by the elements.

Supplier shall be prepared to safely perform all Services on facilities that may be energized or de-

energized, easily accessible or with limited access, and overhead or underground, including duct bank,

in any and all soil conditions, including rock.

Supplier shall be responsible for providing all tools, equipment (including safety equipment), restoration

materials, and maintenance of traffic (MOT) to perform all necessary functions associated with the

Services requested by PEC.

Supplier shall maintain clean and safe work sites, including offices or anywhere else the Supplier may

be working. At the completion of the job, Supplier is expected to leave all project sites in original pre-


existing or better condition. Conditions left at any and all project and other work sites shall be

acceptable to PEC, permit agencies, and PEC Members. Under no circumstances shall a site be left

in an unsafe or unsecured condition.

A. Rights of Way, Permitting and Environmental Management

PEC will act as the liaison between Supplier and the permitting agencies in submitting

the applications, however the Supplier is responsible for the complete documentation required for the

permits. Supplier is responsible for verification and adherence to all Owner furnished permits, including:

• Fatal Flaw Analysis,

• Facilities Siting,

• Cultural/Archaeological Resources,

• Biological Resource Assessments,

• Threatened & Endangered Species,

• Community/Agency Outreach,

• Local Permits/Approvals (i.e. conditional use permits, zoning permits, commissioner court

approvals, etc.),

• State Permits (no TX state permits required if on private property with private funding; Texas

PUC or Other permits may be required if using state/federal land or funding),

• Initial Data Gathering such as

o Land Cover,

o Land Use,

o TxDOT, Railroad, & Pipeline ROW Encroachment - Review current and historical

records to determine if ROW is located on the project site,

o Review TX Railroad Commission databases to determine if any oil or gas pipeline

ROW is located on the project site,

o Permitting Requirements,

o Cultural Resources, and

o Natural Resources,

• TCEQ Stormwater Permitting,

• Wetlands, Floodplains, and Water features documented,

• Cultural/Archaeological Resources,

• Threatened & Endangered Species and Habitat review for species listed in the project area,

• Migratory Birds – review the project area and note if it’s located in a migratory flyway, note any

wildlife refuges used as stopover habitat,

• Biological Resources Assessment (includes a Threatened & Endangered Species Habitat

Assessment and Wetlands/Waterway Determination),


• Alternate Route Evaluation and Comparison,

• Licensing and Litigation Support,

• Phase I Environmental Site Assessments (ESAs),

• Site Engineering and Design,

• Texas Pollution Discharge Elimination System Permitting (Stormwater Permitting),

• TxDOT, Pipeline, Overhead Utility Encroachment Permitting,

• Spill Prevention Control and Countermeasure Plan (SPCC),

• Air Quality / Fugitive Dust Permits, and

• Visual Impact Analysis.

Supplier Permits

Supplier will be responsible for providing PEC with the documentation package for each permit

application to be submitted. The documentation package shall include all the documentation required

to be considered complete including permit drawings, etc. needed in order to submit applications.

Supplier is responsible to adhere to all the permitting agencies requirements. Supplier at times may

be required to apply for permits and, at times, may be required to physically obtain permit from the

permitting agencies.

Supplier must independently obtain lane closure and other (MOT) permitting, in its entirety, as required

by agencies, municipalities, and others to perform all functions under the Scope of Work.

Supplier shall create drawings and provide photographs of the designed job to satisfy permitting

application and request for additional information requirements. Supplier shall provide these services

in compliance with all applicable laws and regulations.

B. Surveying (including LiDAR and SUE Analysis)

PEC has their Circuit Maps for the Supplier’s reference available in Appendix 5. These Maps identify

the facility routes and any critical infrastructures. Supplier may perform Survey Services in any order

so long as the Supplier meets the agreed upon delivery dates.

C. Distribution, Design Services

Supplier shall provide Services including engineering, design and design review, system protection

coordination and control review, and labor necessary for the modifications and upgrades as well as the

operation and maintenance of existing electrical facilities. Supplier shall provide electric engineering,

substation, transmission, or distribution field design which may include, but not be limited to: line or

station upgrades, line relocation for road widenings, underground line improvements, process pole

attachment permits, and new loads or additional loads for commercial, industrial, and residential


developments, and Make-Ready/Pole Loading Analysis for Joint Use services. Supplier having an

established office within a 2 hour driving radius of Johnson City, TX shall be required.

Design Information

PEC shall provide successful Supplier(s) the following, on the basis of availability to PEC, and deemed

appropriate by PEC. Some of the information, data, and publications provided by PEC may be

confidential or proprietary to PEC. These materials will be marked and indicated as such. Access to

these and similar materials and information may require the execution of non-disclosure agreements

and/or protection from copying and distribution:

• Copy of current Construction Standards, Material Specifications, and Electric Service

Standards

• Existing drawings of the sites and facilities relevant to the work

• Detailed design information for existing equipment relevant to the work

• Data pertinent to the assignment, including previous reports

• Expected Start Date and Required Completion Date

• Project Location (address)

• Status of procured items (if procured by PEC) or defining the Engineer responsible for ordering

all materials

• Existence of any environmental or cultural issues or concerns in the project area

• Any required permits to obtain, either by PEC or Supplier

• Warranty requirements

Access

PEC shall provide Supplier with reasonable access to respective areas and facilities to update PEC-

provided computers from PEC systems or data files. PEC will provide hardware with appropriate

software or access through applicable IT firewall for preparatory PEC systems.

Work Review and Approval

PEC shall participate in the review of the design, although final approval of the design, as well as,

accuracy of the design, shall be the sole responsibility of the Supplier and a professional engineer’s

seal and signature shall be required. It is noteworthy to clarify that the Supplier’s approval of the design

does not mean acceptance of the design. PEC shall have sole responsibility for acceptance of the

design.

For all field designs involving foreign attachments (joint-use), a Texas professional engineer’s seal and

signature shall be required. For Distribution field designs not covered by PEC Construction Standards,


the Supplier shall consult PEC Engineering, and the Supplier may be required to provide a professional

engineer’s seal and signature.

Designated PEC Representative

PEC shall designate, in writing, a PEC representative to oversee field design projects. The PEC

representative shall have authority to transmit instructions, receive information, and transmit PEC policy

and decisions respective to field design projects. For EC Contract projects, PEC may expect the

Supplier to actively manage the Project and Inspection functions on a day-to-day basis, with formal

reporting to the designated PEC Project Manager and support of progress audits by PEC on a periodic

basis.

Working Relationships

PEC shall provide Supplier procedures to govern the working relationships between the Supplier and

third parties, such as architects, customers, governmental agencies, etc.

Record Retention

Supplier shall maintain complete and thorough working files and records. Supplier shall deliver all files,

electronic or hard copy, at project end to PEC for legal retention. Such files shall include, but not be

limited to, project communication log, meeting minutes and notes, field notes, etc. Supplier may retain

a copy of the working files however, such files are subject to non-disclosure.

Engineering

Work shall be performed by or under the direction of a licensed, appropriate professional engineer.

Scope of work:

• Ability to analyze and design an electrical distribution system

• Apply PEC distribution construction standards, specifications and policies and procedures to

new customer and system expansion projects

• Provided technical direction to field design and operations personnel on design, operations and

maintenance of an electrical distribution system

• Apply fuse protection and coordination appropriately

• Conduct load flow analysis

• Meet with customers or other stakeholders, such as LCRA, as needed to discuss projects and

design options

• Provide engineering cost estimates on projects


• Specify all appropriate distribution equipment to satisfy the needs of a project, to include but

not limited to fuse size, conductor or wire size, conduit and duct bank specifications, pole

specifications, capacitor banks, regulators, switches and transformers

• Inventory of all materials and labor for job estimates

• Create drawings of the designed jobs using standard PEC symbols and labels for construction

job prints using templates provided by PEC

• Create drawings of the designed jobs to satisfy permitting application requirements

• Create Joint-Use Transfer request forms (if required) for all foreign utilities affected by the

designed job

• Create Locate request forms for all utilities affected by the designed job

• Create Tree Work Authorization forms (if required) for any tree trimming related to the designed

job

• Provide pole boring details for all concrete poles

• Obtain all required switch numbers from PEC’s Dispatch Centers

• Create or modify substation PEC drawings or as directed by PEC via specifications and/or

standards including but not limited to the following:

o Drawing Index,

o Relay One-Line and Three Lines,

o Control Schematics and Wiring Diagrams,

o SCADA/Orion/Annunciator/CRU panels,

o AC and DC One-Line,

o AC & DC Panelboards,

o Cable Schedule,

o Conduit Schedule,

o Cable & Conduit Layout including all equipment and yard light locations,

o Conduit Installation details,

o Equipment connection details for all external CT’s, PT’s, CCVT’s, Yard Lights & Contactor,

High Voltage Breakers, Power Transformers, and Low Voltage Breakers, Fence Charger,

o Control House layout and provide additional drawings as needed to show all wall

elevations,

o Insert vendor drawings in a PEC title block,

o Battery Connection detail drawing, and

o As-builts and Job Books (if required).


Engineering - Distribution

Quality distribution field designs shall be produced in compliance with current PEC Construction

Standards, local codes and ordinances. Supplier shall obtain a digital set of current PEC Construction

Standards at the following link: http://pec.coop/contractors.

In general, the field designs shall consist of equipment and labor estimating units organized by point

and span and represented on construction drawings that are consistent with the present PEC drawing

symbology.

Design Graphic Layout

The graphic layout shall accurately represent the project. Supplier shall supply accurate profile

information for designed underground lines, including benchmark information that can be used to

determine proper cut depth for construction of underground lines. All elevations shall be shown to sub

grade elevation. The following information shall be included, but may not be limited to:

• Property & lot lines

• Public right-of-way

• Utility easements

• Existing & proposed utility locations as required on specific projects, i.e. governmental

relocation projects

• Existing & proposed buildings, structures, parking lots, etc.

• Existing & proposed site elevations, as required

PEC Equipment and Facilities

Location and description of all PEC equipment and facility additions, removals, and relocations

associated with the job as well as existing PEC facilities and equipment affected by the job shall be

shown on the construction drawings. Bidders should refer to the circuit maps which identify the facility

routes and any critical infrastructure. These maps are available in Appendix 5.

Existing Utilities

The design provided by the Supplier must be constructible with regard to the existing facilities in the

area where the new facilities are proposed. The location of existing facilities, both in the public right-

of-way as well as in dedicated utility easements on private property, which are directly related to the

proposed design will be specified on the construction drawing. Identify electrical underground road

crossings, by the potholing method, to identify potential conflicts during the design stage. There may

be instances where the Supplier may be requested, by PEC, to perform additional potholing when large

conduit line or manhole placement jobs dictate.


http://pec.coop/contractors

Work Responsibilities

Supplier shall clearly identify responsibilities of both PEC and the customer for work to be completed

and rights-of-way based on requirements of the PEC Electric Service Standards and/or contracts or

agreements between PEC and the PEC customer.

Utility Easements and Rights-of-Way (ROW)

Supplier is to clearly identify utility easements and rights-of-way with notations for existing easements

as well as both new easement requirements and abandonment of existing easements. Identification of

easement and right-of-way boundaries shall be clearly defined on the drawing.

PEC Construction Standards Drawings

Supplier is to provide notation of applicable PEC Construction Standards required for the project tied

to each work activity. Equipment details will be provided as required. These detailed drawings could

include electrical one-line drawings, detailed equipment location specifications, etc., as required by the

job. PEC Construction Standards may be obtained using the following link: http://pec.coop/contractors.

Reviews and Updates

Field reviews are essential and mandatory during the field design process. Supplier shall use due

diligence in developing practical and economically sound designs. PEC requires each design to include

a field review to ensure the design is practical and constructible, consistent with PEC Construction

Standards and design criteria, and considers appropriate cost saving measures in the creation of the

final design. Supplier shall attend required progress meetings with PEC representatives, as well as,

meetings, as required, with PEC Engineering, architects, customers, TxDOT, and other governmental

agencies related to the design and coordination of the project.

Design Considerations and Use of PEC Construction Standards

The Supplier shall follow the design principles and design requirements of the PEC Construction

Standards. Specifically, if a design does not include attachments by foreign entities nor require design

considerations outside of the design parameters of the Construction Standards, strict adherence to the

limitations stated in the Construction Standards shall be followed. If circumstances exist that do not fall

within the direction or limitations of the Construction Standards, the Supplier shall be responsible to

develop design(s) or design alternatives that meet PEC’s design philosophy with adherence to the

NESC and any other applicable codes and requirements.



MAKE-READY AND POLE LOADING ANALYSIS CRITERIA

Process Applications

Supplier shall exercise the ability to electronically receive, track, manage, and coordinate PEC Joint

Use Pole Permit Applications, to include non-PEC requests for pole attachments, foreign attacher’s

(“Attachers”) maps and attachment detail. Supplier shall process all PEC Joint Use Permit Applications

in the order they are received, and shall process the applications in a timely manner in order to adhere

to the required FCC timeline for the pole loading analysis stage.

Supplier shall utilize PEC systems and programs to process the permit applications. Supplier shall

provide the PEC Joint Use team with weekly detailed reporting of the permits received, the permit

status, associated cost estimates, and any other necessary details.

Supplier may coordinate with the Attacher to resolve simple questions and/or concerns with the

applications. For complex issues, PEC involvement is required. In the event the foreign Attacher

submits a revision or change to the original plan submitted, the date of the revision is documented, and

the Supplier may require the Attacher to submit a new permit application in order to restart the timeline.

Pole Evaluation

Supplier shall collect necessary data required to perform the applicable structural and vertical

separation analysis to evaluate each pole included in the application and permit form. Also included

in the pole evaluation shall be the mid-span clearance measurements of the proposed cable to ground

and to the nearest PEC cable or conductor. The data shall be assembled from available proposal

information, Attacher provided maps with pole IDs, PEC documents, PEC maps, and a field review of

each structure. Supplier shall calculate the items listed below to establish percent of allowable loading

as established by the requirements of the National Electrical Safety Code (NESC) and PEC

Construction Standards. Calculations shall include consideration of the applicable loading, safety

factors, and other pertinent factors affecting the structure, the structure condition prior to attachment

(referred to as “existing”) of proposed cable, and the structure condition after the proposed cable

attachment (referred to as “proposed”). The percent loading contribution (based on the allowable

structure capacity) of attachments shall be provided and shall be used as a primary factor in evaluating

the impact of both proposed and existing attachments. Supplier shall calculate the following data and

compare the results to the allowable loading:

• Pole fiber stress due to bending

• Pole bearing

• Any Other Visible Violations


Supplier shall ensure that vertical separation of proposed cables meet the requirements of the NESC

and PEC Construction Standards. The following separation requirements shall be evaluated:

• Vertical separation at pole between conductor and cables

• Mid-span vertical separation between conductor and cables

• Ground clearances

• Algorithms/systems subject to review by PEC

Remediation

Supplier shall produce remedy designs and cost estimates for those poles and/or installations on, or

associated with, a proposal that Supplier has determined do not meet PEC Construction Standards

and conditions, calculated structural capacity requirements, and/or applicable clearance requirements.

These criteria and requirements will be as approved, defined, and established by the authorized PEC

representative. Those poles on or associated with the Application & Permit Form, which have been

identified as failing to meet the evaluation criteria, shall be referred to as Conflict Poles. Approval for

complex remedies involving additional costs shall involve PEC Superintendent of Contract

Administration.

Work Order

Supplier shall prepare a Work Order using PEC’s compatible unit and estimating costs. This work also

includes the submittal of the Work Order to PEC in an electronic format. The electronic format selected

must be fully compatible with existing PEC hardware and software capabilities. This activity shall

include, but is not limited to, cover maps of the construction work to be performed, list of required

compatible units, report and document preparation as requested, and other PEC requirements as may

be requested.

Use of NJUNS

PEC will utilize NJUNS (National Joint Utilities Notification System) and expect all of its Attachers to

utilize NJUNS for notification purposes. Supplier shall use the NJUNS web based application software,

when designated by PEC, to identify and announce pole line design work and conduit line construction

that is being proposed or modified. The Supplier shall use this tool to aid in the identification of foreign

Attachers’ desires and design requirements as stated in this Make-Ready/Pole Loading Analysis for

Joint Use section.

Professional Engineer’s Seal and Signature

As previously mentioned, field designs involving foreign attachments (joint-use) require a Texas

professional engineer’s seal and signature. For field designs not covered by PEC Construction


Standards, the Supplier shall consult PEC Engineering, and the Supplier may be required to provide a

professional engineer’s seal and signature.

Return of the Application & Permit Request

At the time the Supplier electronically returns the Application & Permit Form to PEC, the following shall

be included:

• Work Order, reflecting separate estimated construction costs for both PEC and the Proposed

Attacher

• Provide Pole and Facility Data Sheet on various poles, for the purpose of verification of

calculations by PEC when requested by PEC Engineering

• All itemized field design costs (planning costs) associated with the foreign attachment request

• A digital picture of each pole affected by the application prior to new attachment.

Designs should be accompanied by full material and field support. Therefore, Supplier shall prepare

material requisition documents for Supplier or PEC’s action to purchase.

D. Material Procurement

All materials and special electrical equipment to be used in construction of any Project will be furnished

by PEC unless otherwise specified for specific instances.

E. System Protection and Event Analysis

Supplier to provide the following services as requested by PEC:

• Calculations and relay settings for PEC substations,

• Perform protection relay coordination studies for PEC,

• Perform load flow and short-circuit studies for PEC,

• Perform Owner’s Engineer review of relay settings, coordination studies, and event analyses

for PEC,

• Utilize CYMTCC or other simulation software to perform studies,

• Perform AC and DC voltage drop/load calculations,

• Perform battery and battery charger sizing studies,

• Perform cable in conduit fill calculations, and

• Provide analysis of Event Recordings and make appropriate recommendations.


F. Program and Project Management Services

Supplier will be required (with training provided by PEC) to provide all current status and As-Built

information to PEC using PEC’s Work Management System (“WMS”). The Supplier will be provided

access to and noted training on the WMS.

Project Management & Reporting Services include

• Properly Licensed as an Electrical Contractor in the State of Texas,

• Coordinate projects with internal PEC Staff,

• Coordinate third-party ride outs,

• Coordinate pole setting with foreign utilities (if required),

• Resolve Member complaints and communicate back to Member,

• Provide on-going project status communication during Planning, Design, and Construction

phases,

• Coordinate project communications on all projects prior to start of construction, and

• Coordinate schedule Member outages using PEC process.

G. Distribution Construction Services

Supplier to provide the following services as requested by PEC:

• Provide appropriate volume of construction resources to complete PEC workload,

• Construct adhering to PEC specifications and standards,

• Follow all pertinent state and federal regulatory guidelines, including OSHA, NESC, TxDOT

and Federal DOT, etc.,

• Provide necessary bonding capacity to cover PEC risk of Supplier default,

• Provide necessary equipment, tools, and safety equipment, including flame retardant clothing

in good working order,

• Ready access to specialty equipment as required,

• Maintain appropriate safety program to ensure safe performance of work and provide

documentation of such,

• Obtain necessary locates,

• Provide proper MOT, as required,

• Obtain required permits and comply with permit regulations,

• Meet all environmental requirements,

• Adhere to PEC switching rules and minimize Member outage exposure,

• Material reconciliation,

• Site restoration,


• Close out permits (post-construction), and

• Meet agreed upon service required date.

H. Transmission System Operation and Maintenance

For Transmission System O&M, Supplier will be responsible for Operation and Maintenance of the

transmission system on an as-needed basis, following the direction of the PEC Engineering and

Operations department.

I. Storm Services – Emergency Outcall / Service Restoration

Supplier to provide labor, tools, equipment and supplies to perform storm assessment services and

storm dispatching services as requested by PEC. Supplier construction and bucket trucks must be

available for routine emergency restoration work on evenings and weekends, as well as be able to

provide resources to PEC in the event of a major restoration event.

Storm Damage Assessment Services:

Supplier will provide a “Damage Assessor” (“Assessor” or “Assessors”) to be knowledgeable as it

relates to an electric utility. One must be able to identify primary and secondary electrical facilities

including pole sizes, type and wire sizes, service wires, arrestors and insulators, transformers, fuses,

reclosers, regulators, and communication lines, etc. All must know appropriate power electrical safety

practices and rules. Assessors shall wear appropriate PPE such as hard hat and safety reflective vest.

Once Supplier has received request from PEC, assessment teams and leadership are expected to be

on PEC property, and ready to assess damage within 48 hours of the initial contact or as requested.

Assessors will be required to work no more than a 16 hour shifts per day. Assessment teams will report

to a PEC Leader at a location specified by PEC. Assessment teams will be paired up by supplier, and

will be expected to drive pre-determined routes (vehicle to be furnished by Supplier), and report back

to the PEC Leader periodically during the day. Supplier will provide a crew leader for up to every 10

assessment teams and management representative on site as the main point of contact for PEC.

The Assessment teams shall have the ability to use Supplier-provided GPS units to drive to specific

locations, use laptop/tablets for reading GIS databases and/or reporting damage, able to follow circuit

maps noting damage, provide recommendation on what needs to be repaired and type of

supplies/material/equipment needed to complete the repairs.

Storm Dispatching Services:

A Senior Assessor/Team Lead is required to be knowledgeable as it relates to PEC’s electric system.

Individual must know how to, look up information in a management outage system/database, close out

tickets, and call in emergency locates as required. Training will be required once per year, provided by


PEC and PEC will pay for labor costs associated with training, and will reimburse travel expense (prior

PEC approval required). Supplier will be required to be available during storm restoration, damage

assessment, and utility restoration on the system.

PEC typically handles all lodging to minimize coordination issues with local hotels. The same with

meals, if breakfast, lunch and dinner is provided at designated locations, a per diem amount may not

be applicable.

06 STANDARDS AND SPECIFICATIONS

PEC Standards and Specifications are considered the sole and exclusive property of PEC and are not

to be duplicated or disclosed to any third party without the express written consent of PEC. Supplier is

required to meet the current Standards and Specifications in effect at the time of construction. Current

Construction Standards can be viewed at http://pec.coop/contractors.

07 TERM OF CONTRACT

The Services to be provided under this RFP shall be for a period of five (5) years, beginning on January 1, 2015 and ending on December 31, 2019.

08 WORKLOAD

Services to be performed will be assigned by the appropriate PEC representative. It is the Supplier’s

responsibility to accurately assess the work scope and estimate the number of resources required to

meet PEC’s workload demand. Supplier is expected to complete all Services by the required dates.

09 PERFORMANCE REQUIREMENTS

In general, Supplier will be responsible for all activities required to perform the requested Services,

including but not limited to:

• Supervision,

• Safety,

• Survey,

• Engineering,

• Project Management,

• Project Reporting,

• Issue Identification,

• Status Reporting,

• Remittance,

• Product Delivery,



• Product Presentation, and

• Material and Asset Management.

Supplier will be responsible for restoring work areas to pre-existing conditions. Any and all damage to

property, both public and private, caused by the negligence of the contractor, will be repaired at the

Supplier’s expense and to PEC Member’s satisfaction.

Supplier will be responsible for reporting any and all near misses, accidents, serious injuries, and

service interruptions to the appropriate PEC representative. In addition, a complete and thorough

investigation of such incidents shall be promptly conducted by the Supplier or its liability insurance

carrier to prevent future occurrences. An Incident Reporting Form furnished by the Supplier shall be

completed by the Supplier for each incident and returned to the appropriate PEC representative within

five (5) business days from time of the occurrence.

When work is in progress, there shall be a General Foreperson available on-site to respond to PEC

representatives, Members, crews, and the general public. To ensure PEC’s reputation and public

perception is maintained, the following statements will be complied with by the Supplier:

• Each crew should have at least two (2) employees capable of communication with PEC

representative and its Members;

• The only information Supplier personnel are to give to the public is they are working on a PEC

project. The Supplier will be provided with the appropriate contact person at PEC and is to

courteously ask that the person contact the PEC representative. No additional information is

to be provided;

• All Supplier personnel will wear proper attire, including shirts, while on or in the vicinity of work

being performed;

• All Supplier vehicles will be marked with company name;

• All Supplier personnel are to abstain from expressing any comments or opinions relative to the

project they are working on and any PEC business or operation; and

• All Supplier personnel who are working, or will be working, on a PEC project are to read and

fully understand all conditions set forth in this RFP.

10 PROGRESS CHECKS AND APPROVALS

Supplier will be expected to maintain weekly contact with PEC on each work request (WR) and obtain

approval from PEC at each of the following checkpoints prior to moving ahead with the project. The

checkpoints are intended to provide high-level verification of the Supplier’s effort to date and ensure

compliance with PEC’s expectations:


i. Prior to survey commencement,

ii. At survey completion,

iii. At wind loading completion,

iv. 25%, 50%, 75% design to confirm proposed framing, route, and other design related criteria,

v. At design completion,

vi. Prior to permit submittal,

vii. Prior to material order and construction, and

viii. Post construction.

11 SUPPLIER COMPENSATION

A. LABOR UNITS

Labor Units (refer to spreadsheet in Appendix 2) in general, directly relate to the Installation, Removal,

and Transfer of items of material and equipment. Labor Units are anticipated to be used in conjunction

with the construction and maintenance of PEC’s distribution system. Construction Labor Unit prices

provided by Supplier shall be “fully-loaded” and include all expenses associated with completing the

associated unit during normal conditions.

B. TIME & EQUIPMENT

Time and Equipment (T&E) rates are also being requested by PEC (refer to spreadsheet in Appendix

3) for certain scopes of work that are deemed to be not conducive to unitized work, such as minor

routine maintenance or emergency restoration. T&E rates shall be “fully-loaded” and include all

expenses associated with performing required Services.

C. LUMP-SUM

PEC anticipates they may have from time-to-time unanticipated projects that may need immediate

attention. If any, most of these construction projects shall be compensated on a negotiated lump-sum

basis. Because of its periodic nature, maintenance work will be conducted on a T&E basis.

D. EXTRA WORK

In the event extra work or additional work shall be performed, the extra or additional work shall be the

amount specified on a Supplemental Purchase Order and/or Amendment to this RFP. Supplier shall

not make any additions, changes, alterations, or omissions, or perform any extra or additional work, or

supply extra or additional materials or equipment, except with prior authorization of PEC.

12 ACCEPTANCE OF THE WORK

Final acceptance of the Services provided under the required specifications will not be made until:


• Supplier has completed all work required under the Work Order, the PEC representative and

Supplier’s Foreman have “signed off” on the inspection sheet stating that both agree with the

quantities of work, and the PEC representative has accepted the work (not to include warranty

work and/or any problems that may become known at a later date), including final clean-up of

the job site and removal of Supplier’s temporary facilities, construction equipment, and

personnel from the job site;

• The completed job package has been returned to the appropriate PEC representative within

one (1) week of job completion; and

• All outstanding PEC materials and equipment have been returned to the proper PEC storage

or material facility with proper documentation of such returns/credits to PEC.

PEC reserves the right to use and operate completed segments of the work prior to completion of the

entire project. The care, custody, and risk of loss or damage shall transfer from Supplier to PEC for

any such segments after Acceptance of the Work.

13 INVOICES

All invoices shall be submitted to the attention of the PEC Contract Administrator. All invoices shall

include any supporting documentation necessary to verify the charges billed. Payment for amount due

to Supplier shall be construed as the date check is deposited in the United States mail.

14 PAYMENTS

Upon completion of Services associated with each PEC Work Order in a good and workmanlike manner

and written acceptance by the appropriate PEC representative, Supplier shall submit an invoice for the

Services completed under said Work Order. PEC shall pay Supplier 100 percent (100%) of the properly

approved invoice thirty (30) days from receipt of said invoice. Supplier shall have option to submit partial

billings at 25% increments for projects that exceed 4 weeks in duration. For very large EC projects

(Greater than $2M), Supplier may (but is not required to) submit a milestone payment schedule to PEC

for approval in advance of any billing.

15 WITHHOLDING PAYMENTS

PEC may withhold payments due the Supplier to the extent necessary to protect itself against loss,

including, but not limited to, the following:

• Defective work not remedied, as well as incomplete work including incomplete documentation

on a project by project basis;

• Claims filed or reasonable evidence indicating possible filing of claims;

• Failure of Supplier to make payments properly to Subcontractors for material or labor;


• Failure to return, replace, or reimburse PEC for loss, theft, or damage to material or equipment

issued to Supplier;

• Evidence that Supplier or their employees have falsely reported work hours, equipment usage,

number of units completed, work accomplished, or materials used. Falsely reporting shall

result in withholding of payment and shall constitute justifiable reason to require Supplier to

permanently remove responsible person(s) from the work.

When the above conditions are removed, payment shall be made for the amount withheld.

16 REIMBURSEMENT TERMS

Requested Services may be inspected by a PEC auditing representative at any point, including post

construction. Deviations between Services performed and Services billed will result in damages as

described in this RFP. A project is considered complete once a PEC representative has performed a

final audit, all necessary and requested documentation (including satisfactory as-built prints) is signed

and accepted, all necessary restoration is completed, and any third-party has provided notice to the

Administrator that they have been paid. Form of Final Acceptance (Appendix 4) will be required.

17 WORKMANSHIP

Supplier shall perform the Services in a safe and satisfactory manner with qualified, careful, and

efficient workers in strict conformity with PEC’s specifications, and in compliance with state and federal

law. PEC shall have the right, in its sole discretion, to require immediate removal of any employee of

Supplier, or of Subcontractor(s), from the PEC project site or from further work on PEC projects.

18 LOCAL CONDITIONS

Supplier covenants to and with PEC that it has read and carefully considered this RFP and thoroughly

understands the same and has satisfied itself to its adequacy, meaning, and purpose. Supplier

covenants that it can perform the Services according to this RFP. Prior to the initiation of any Services,

Supplier has made all tests deemed necessary or advisable and familiarized itself with all conditions to

be met during the performance of this RFP. PEC makes no warranty, expressed or implied, with

respect to the accuracy or sufficiency of this RFP, or any interpretation of any facts disclosed by any

preliminary investigations which have been made by PEC.

It is not the intention of PEC to deviate from the customary good practice in its requested Services.

Supplier shall consider itself bound by customary good practice, whether referred to specifically or not.

19 EXAMINATION

PEC will maintain such representatives as is deemed necessary on the worksite for the purpose of

examining, testing, inspecting, and ensuring the satisfactory completion of the requested Services. The


daily examination of any portion of the work shall not constitute Acceptance of the Work on the part of

PEC. The examiner shall at any and all times be permitted to view the work being done. Supplier shall,

at their expense, halt the work on any part of the job, if requested by the PEC representative, until it

can be verified that such work is being done in accordance with the required specifications. PEC

representatives shall include engineers, examiners, inspectors, checkers, or other representatives of

PEC, whether in direct employment of PEC or retained on a service basis. PEC representatives shall

be made known to the Supplier and shall have the right to correct any errors or omissions therein when

such corrections are necessary for the proper fulfillment of the requested Services. Any decision made

by a PEC representative under the provisions of this paragraph shall be final, conclusive, and binding

to the parties hereto.

20 PEC’S RIGHT TO COMPLETE SERVICES

If Supplier neglects to commence or continue correction of un-remedied or defective work within fifteen

(15) days after receipt of notice from PEC, PEC may, after fifteen (15) days following receipt by

Supplier, and without prejudice to any other remedy they may have, make good such deficiencies. In

such case, Supplier shall be responsible for all costs of correcting the deficiencies to PEC. Supplier

will be billed for the direct cost to PEC to perform the required corrective work, including labor,

equipment, and overhead. PEC will provide an accounting of these actual costs incurred along with

the invoice.

21 SUPERVISION AND INSPECTION

The Supplier shall give sufficient supervision to the work, using its best skill and attention. The Supplier

will carefully study and compare all drawings, specifications and other instructions and will at once

report to PEC any error, inconsistency or omission which it may discover. The Supplier shall cause the

construction work on the project to receive constant supervision by a competent superintendent

(hereinafter called the “Superintendent”) who shall be present at all times during working hours where

construction is being carried on. The Supplier shall also employ, in connection with the construction of

the project, capable, experienced and reliable supervisors and such skilled workers as may be required

for the various classes of work to be performed. The Supplier shall be solely responsible for the means

and methods of construction and for the supervision of the Supplier’s employees.

PEC reserves the right to require the removal from the project of any employee of the Supplier if in the

judgment of PEC such removal shall be necessary in order to protect the interest of PEC. PEC shall

have the right to require the Supplier to increase the number of its employees and to increase or change

the amount or kind of tools and equipment if at any time the progress of the work shall be unsatisfactory

to PEC; but the failure of PEC to give any such directions shall not relieve the Supplier of its obligations

to complete the work within the time and in the manner specified in this Proposal.


The construction of the project and all materials and equipment used therein, shall be subject to the

inspection, tests, and acceptance by PEC and the Administrator and the Supplier shall furnish all

information required by PEC or by the Administrator concerning the nature or source of any materials

incorporated or to be incorporated in the project. All Supplier procedures and records pertaining to the

work shall be made available to PEC and the Administrator for review prior to such inspections and

tests. The Supplier shall provide all reasonable facilities necessary for such inspection and tests and

shall maintain an office at the site of the project, with telephone service where obtainable and at least

one office employee to whom communications for PEC may be delivered. Delivery of such

communications in writing to the employee of the Supplier at such office shall constitute delivery to the

Supplier. The Supplier shall have an authorized agent accompany the Engineer when final inspection

is made and, if requested by PEC, when any other inspection is made. The performance of such

inspections or tests by PEC or the Administrator shall not relieve the Supplier of its obligations to

perform the work in accordance with the requirements of this Contract.

In the event that PEC, or the Administrator, shall determine that the construction contains or may

contain numerous defects, it shall be the duty of the Supplier and the Supplier’s Surety or Sureties, if

any, to have an inspection made by an engineer approved by PEC and the Administrator, if approval

by the Administrator is required, for the purpose of determining the exact nature, extent and location of

such defects.

The Engineer may recommend to PEC that the Supplier suspend the work wholly or in part for such

period or periods as the Engineer may deem necessary due to unsuitable weather or such other

conditions as are considered unfavorable for satisfactory prosecution of the work or because of the

failure of the Supplier to comply with any of the provisions of the Contract, provided, however, that the

Supplier shall not suspend work pursuant to this provision without written authority from PEC so to do.

The time of completion hereinabove set forth shall be increased by the number of days of any such

suspension, except when such suspension is due to the failure of the Supplier to comply with any of

the provisions of this Contract. In the event that work is suspended by the Supplier with the consent of

PEC, the Supplier before resuming work shall give PEC at least twenty-four (24) hours’ notice thereof

in writing.

22 RIGHT OF TERMINATION

If conditions arise which, in the opinion of either party, make it advisable or necessary to terminate the

Contract that will follow this RFP, the terminating party shall give sixty (60) days written notice to

terminate to Supplier. Upon such termination, without fault of Supplier, Supplier shall be paid the

earned portion of the total cost of the Services completed along with payment for any authorized

commitments on behalf of PEC at the date of termination. PEC reserves the right to access Supplier’s

books to verify the amount claimed by Supplier.


If the Services to be performed are abandoned by Supplier, or if Supplier is adjudged bankrupt or

becomes insolvent, or if any part of the property of Supplier is appointed on account of Supplier’s

insolvency, or if Supplier shall refuse or fail to supply enough properly skilled resources to perform the

requested Services in a timely manner, or if Supplier should otherwise be in default hereunder, PEC

may, without prejudice to any other right of remedy, serve written notice to Supplier to terminate the

Contract that will follow this RFP. Supplier shall cease work and PEC shall thereupon have the right

and power to complete the requested Services. In such case, Supplier shall not be entitled to receive

any further payment under the Contract following this RFP until all Services are completed and

accepted.

23 TITLE

The title to all Services shall belong to PEC, and shall not be sold or otherwise distributed by Supplier

without written approval from PEC. Additionally, all materials furnished by Supplier, or by PEC,

irrespective of location thereof, shall belong to PEC, but the ownership thereof by PEC shall not absolve

Supplier from liability for loss or damage to same, nor from any other duty or responsibility for same as

provided in this RFP.

24 INDEMNIFICATION REQUIREMENTS

If selected to provide the services described in this RFP, Respondent shall be required to comply with

the indemnification requirements set forth below and as to any intellectual property rights as may have

been previously described in this RFP:

RESPONDENT covenants and agrees to FULLY INDEMNIFY, DEFEND and HOLD HARMLESS, PEC

and its employees, officers, directors, agents and representatives of PEC, individually and collectively,

from and against any and all costs, claims, liens, damages, losses, expenses, fees (including

reasonable attorney fees), fines, penalties, proceedings, actions, demands, causes of action, liability

and suits of any kind and nature, including but not limited to, personal or bodily injury, death and

property damage, made upon PEC directly or indirectly arising out of, resulting from or related to

RESPONDENT’S activities under the Contract, including any acts or omissions of Respondent, any

agent, officer, director, representative, employee, consultant or subcontractor of Respondent, and their

respective officers, agents, employees, directors and representatives while in the exercise of the rights

or performance of the duties under the Contract. The indemnity provided for in this paragraph shall not

apply to any liability resulting from the negligence or willful misconduct of PEC, its directors, officers or

employees, in instances where such negligence or willful misconduct causes personal injury, death, or

property damage. IN THE EVENT RESPONDENT AND PEC ARE FOUND JOINTLY LIABLE BY A

COURT OF COMPETENT JURISDICTION, LIABILITY SHALL BE APPORTIONED

COMPARATIVELY IN ACCORDANCE WITH THE LAWS FOR THE STATE OF TEXAS, WITHOUT,

HOWEVER, PEC WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. In addition,


RESPONDENT agrees to INDEMNIFY, DEFEND, AND HOLD PEC HARMLESS from any claim

involving patent infringement, trademarks, trade secrets, and copyrights on goods or services supplied.

This provision survives the termination of the Contract.

The provisions of this INDEMNITY are solely for the benefit of the parties hereto and not intended to

create or grant any rights, contractual or otherwise, to any other person or entity. RESPONDENT shall

advise PEC in writing within 24 hours of any claim or demand against PEC or RESPONDENT known

to RESPONDENT related to or arising out of RESPONDENT's activities under the Contract and shall

see to the investigation and defense of such claim or demand at RESPONDENT's cost. PEC shall have

the right, at its option and at its own expense, to participate in such defense without relieving

RESPONDENT of any of its obligations under this paragraph.

25 INSURANCE

A. SUPPLIER’S INSURANCE

During the term of this project, as additional security for PEC and as separate obligation of Supplier not

in conjunction with any other provisions of this project, Supplier agrees to carry and maintain during the

term of this project (including all warranty periods) liability insurance with coverages and limits of liability

not less than those shown herein. Each of Supplier’s subcontractors, if any, shall also provide and

maintain during the term of their respective agreements the insurance coverages specified as follows,

with limits of liability determined appropriate by Supplier. In the event Work is performed by a

subcontractor, Supplier shall be primarily responsible for any liability arising directly or indirectly out of

the Work performed that is not otherwise covered by any subcontractor’s insurance. All such insurance shall be primary with respect to any other insurance or self-insurance programs afforded to or

maintained by or for the benefit of PEC, and shall not require the exhaustion of any other coverage.

Supplier shall promptly notify PEC when any insurance policy required is not reasonably available and

shall state the reasons therefore.

Supplier shall pay all deductible amounts associated with the required insurance. Supplier will

indemnify PEC Indemnified Parties in full for any amounts related to such deductibles, retentions and

self insurance and for any deductibles or amounts owed under any PEC issued policies due to the fault

of Supplier.

B. PROOF OF INSURANCE

Prospective Suppliers shall furnish PEC insurance certificate(s) on a form satisfactory to PEC executed

by an authorized representative of the insurer, and if requested by PEC, for each policy, a copy of the

Declaration page; if not on the Declarations page, a copy of any Exhibits A and B showing the limits of

insurance and a list of all endorsements to the policy, together with a copy of each endorsement herein


requested and certified copies of insurance policies, with endorsements, evidencing the applicable

policies, coverages and limits, including those of its subcontractors. PEC’s receipt of or failure to object

to any insurance certificates or policies submitted by Supplier or its subcontractors does not release or

diminish in any manner the liability or obligations of Supplier or its subcontractors or constitute a waiver

of any of the insurance requirements under this Agreement. Replacement certificates of insurance

evidencing continuation of such coverage shall be furnished to PEC prior to the expiration of the current

policies. Should Supplier or any subcontractor at any time neglect, refuse to provide or cancel the

insurance required herein, PEC shall have the right to terminate Agreement or pursue any remedy

available at law.

C. WAIVER OF SUBROGATION; POLICY PROVISIONS

Upon PEC awarding the Supplier with the project, and, as additional security for PEC and separate

obligation of Supplier not in conjunction with any other provisions of this Agreement, all insurance

policies shall be endorsed to provide a waiver of each insurer’s rights of subrogation against PEC, its

subsidiaries, and their respective successors and assigns, and their respective directors, officers,

agents and employees ("PEC Indemnified Parties").

The policies shall also include standard severability provisions that state each insured is provided

coverage as though a separate policy had been issued to each, except with respects to limits of

insurance. The policies shall not contain a cross liability or cross-suit exclusion that prevents PEC from

asserting claims against the Supplier or any other insured under the policies.

D. ADDITIONAL INSURED

Upon PEC awarding the Supplier with the project, each such policy, other than Workers’ Compensation,

Employer's Liability, and Professional Liability, shall name PEC by policy endorsement as additional

insured. Each policy shall provide notice by the insurer to PEC prior to the cancellation, nonrenewal or

material change of any insurance referred to herein. Supplier’s insurance shall provide coverage

whether liability arises out of the operations of Supplier or any subSuppliers or supplier in connection

with the Work.

E. INSURER RATING

Unless otherwise agreed in writing by PEC, all of such insurance shall be written with insurers licensed

in Texas and such insurers shall maintain a current A.M. Best rating of at least "A-/VII".

F. REQUIRED COVERAGE

Insurance policies shall contain at a minimum the following coverages and limits:


Statutory Coverage Workers’ Compensation Insurance (including Occupational Disease Coverage) in

accordance with the laws of the states where the Work is to be performed.

Employer’s Liability Insurance with limits of not less than $1,000,000 per occurrence and $1,000,000

per disease/each employee.

Commercial General Liability Insurance insuring the indemnity agreements set forth in this Agreement

with a combined single limit of not less than $1,000,000 per occurrence and $2,000,000 in the

aggregate, including endorsements for Premises/Operations, Personal Injury Liability, Independent

Contractors Liability, Broad Form Property Damage Liability including Completed Operations,

Products/Completed Operations, Explosion, Collapse and Underground Property Damage Liability,

Blanket Contractual Liability assumed in the Agreement, including indemnification liability, and

Completed Operations Coverage (minimum 2 years past completion of Project) and endorsed to

provide that aggregates limits apply on a per project basis. In the event the Supplier will use herbicide

or pesticide, an endorsement for herbicide and pesticide applicator coverage and referenced on the

certificate of insurance.

Business Automobile Liability Insurance covering liability arising out of any auto (owned, hired and non-

owned); with a combined single limit of not less than $1,000,000.

Professional Liability (Engineer's Errors and Omissions) Insurance, in the event Supplier is performing

design, engineering or other professional services, with limits of at least $1,000,000 for each claim and

$1,000,000 in the aggregate.

Umbrella Insurance (Excess Liability) with minimum limits of $10,000,000 per occurrence.

Pollution Liability Insurance, covering losses caused by pollution conditions that arise from the

operations of Supplier coverage of not less than $1,000,000 per claim and in the aggregate.

26 BONDS

A. BID BOND

PEC may require Supplier to submit a Bid Bond, made payable to PEC, executed by a corporate surety

acceptable to PEC who is licensed pursuant to the Texas Insurance Code and listed on the United

States Department of the Treasury’s Listing of Approved Sureties (Dept Circular 570) in the amount of

$1,000, or 5% of the total agreement value, whichever is greater. The Bid Bond shall be valid for one

hundred twenty (120) days following the deadline for submission of proposals. The Bid Bond must be

accompanied by an original signed and notarized Power-of-Attorney bearing the seal of the issuing

surety company and reflecting that the signatory to the Bid Bond is a designated Attorney-in-Fact. If


Supplier is not selected, PEC will not collect on the Bid Bond, but may keep an electronic copy and

return the Bid Bond.

If a Bid Bond is required by PEC, failure to include a Bid Bond with submittal will automatically disqualify

Supplier from further award consideration.

B. PAYMENT BOND

If the contract is in excess of $50,000, the selected Supplier shall provide a Payment Bond as security

for all persons supplying labor and material in the performance of the contract. Said Payment Bond

shall be executed by a corporate surety acceptable to PEC, licensed pursuant to the Texas Insurance

Code in the full amount of the contract price. Said Payment Bond must be in a form acceptable to PEC.

Said Payment Bond must have attached thereto a Power of Attorney as evidence of the authority of

the person executing the Payment Bond to bind the surety. This Payment Bond must be furnished in

compliance with the statutory requirements the Texas Property Code, chapter 53. This Payment Bond

must be executed and delivered to PEC prior to commencement of work under the contract.

C. PERFORMANCE BOND

If the contract is in excess of $100,000, the selected Supplier shall provide a Performance Bond made

payable to PEC, executed by a corporate surety acceptable to PEC who is licensed pursuant to the

Texas Insurance Code in the full amount of the Contract price to cover the selected Supplier's faithful

performance of the obligations under the contract. Said Performance Bond must be in a form

acceptable to PEC. Said Performance Bond shall further provide that the surety shall indemnify for all

damages or losses resulting from the principal’s default. Said Performance Bond shall further guarantee

the principal’s performance of all terms and obligations under the contract. Said Performance Bond

must have attached thereto a Power of Attorney as evidence of the authority of the person executing

the Performance Bond to bind the surety. This Performance Bond must be executed and delivered to

PEC prior to commencement of work under the contract.

Supplier's failure to deliver Performance and/or Payment Bonds to PEC which comply with the

requirements herein within 10 days after demand shall be a material breach of the contract.

27 WARRANTY

Supplier shall warrant all components, materials, and workmanship for a period of one (1) year from

the earlier of the (1) the date of use or operation of the Services by PEC, or (2) the date of Acceptance

of the Work by PEC.

Supplier warrants the title and guarantees the equipment, materials, and workmanship furnished in the

completion of the requested Services in this RFP to be as specified and to be free from defects in


workmanship and materials. If within the warranty period, any Services fail to meet the provisions of

this guarantee, PEC shall notify Supplier thereof immediately and the Supplier shall promptly correct

any defects by adjustment, repair, or replacement.

28 PERMITS AND LICENSES

Supplier shall obtain all necessary permits, licenses, contractor’s licenses, and any other forms of

documentation required relating to completing the requested Services herein at its sole cost, unless the

law or regulation governing such permitting or licensing requires that PEC do so. Upon request,

Supplier shall promptly furnish PEC copies of all permits, licenses, or other documentation applicable

to this RFP.

29 TAXES

PEC is exempt from certain sales and use taxes with respect to the purchase price of all materials,

supplies, equipment, and consumables purchased under a separate contract and which are

incorporated into the Services requested in this RFP. Supplier shall not invoice or charge PEC for such

taxes and shall be provided with a Sales Tax-Exemption Certificate upon request. Failure by Supplier

to request a Sales Tax-Exemption Certificate shall not mean that PEC waives its tax-exempt status.

PEC shall not pay any taxes for which it is exempt.

30 INDEPENDENT CONTRACTOR

Supplier’s relationship to PEC in performing the Services requested in this RFP is that of an

Independent Contractor. The personnel performing Services shall at all times be under Supplier’s

exclusive direction and control and shall be employees of Supplier or approved sub-contractor and not

employees of PEC. Supplier shall be fully liable for all acts and omissions of its employees,

Subcontractors, and their suppliers and shall be specifically responsible for sufficient supervision and

inspection to assure compliance in every respect with the requirements in this RFP. There shall be no

contractual relationship between any Subcontractors or suppliers of Supplier and PEC by virtue of the

Contract to follow this RFP. No provision of the same shall be for the benefit of any party except PEC

and Supplier. Supplier shall pay all wages, salaries, and other amounts due its employees in

connection with the requests in this RFP and shall be responsible for all reports and obligations

respecting them, such as Social Security, income tax withholding, unemployment compensation,

workers’ compensation, and similar matters.

31 PROPERTY DAMAGE

Supplier shall give reasonable notice to PEC of public or private property and utilities when such

property and utilities are liable to injury or damage through the performance of the requested Services,


and shall make all necessary arrangements with such member owners relative to the removal,

replacement, or protection of such property or utilities.

Supplier is solely responsible and agrees to indemnify PEC from and against all claims for damage to

public or private property, including existing underground utilities, street paving, curbing, sidewalks, or

any other improvements, or his employees’ acts.

Supplier shall promptly remedy all damage or loss to any property, including but not limited to, existing

PEC property and/or equipment, to the extent caused by Supplier, its Subcontractors, sub-

Subcontractors, or anyone directly or indirectly employed by any of them, or by anyone for those acts

any of them may be liable and for which the Supplier is responsible. All repair work to damaged PEC

property must be accepted by

Documents

EnerVision - Program Management, Engineering ......REQUEST FOR PROPOSAL # 2014-033 Program Management, Engineering, Construction, Operations and Maintenance – 2015 through 2019 Material