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REQUEST FORPROPOSAL# 2014-033Program Management, Engineering,Construction, Operations and Maintenance –2015 through 2019Material Service Agreement (MSA)Release Date: Tuesday September 23, 2014Proposals Due: Tuesday October 14, 2014PEDERNALES ELECTRIC COOPERATIVESTATEMENT OF WORKConfidentiality/Security WarningThe information contained within this document is proprietary to Purchaser/Owner and is confidential. It may not be disclosedto 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 documentacknowledges, by retention and use, the confidential nature of the material contained herein, and agrees to prevent thedistribution of this document, by intent or otherwise, beyond its intended audience.
TABLE OF CONTENTS02BACKGROUND. 103MANNER OF SUBMITTING PROPOSALS . 204DEFINITION OF TERMS . 405SCOPE OF SERVICES . 506STANDARDS AND SPECIFICATIONS . 1807TERM OF CONTRACT . 1808WORKLOAD . 1809PERFORMANCE REQUIREMENTS . 1810PROGRESS CHECKS AND APPROVALS . 1911SUPPLIER COMPENSATION . 2012ACCEPTANCE OF THE WORK . 2013INVOICES . 2114PAYMENTS. 2115WITHHOLDING PAYMENTS . 2116REIMBURSEMENT TERMS . 2217WORKMANSHIP . 2218LOCAL CONDITIONS . 2219EXAMINATION. 2220PEC’S RIGHT TO COMPLETE SERVICES . 2321SUPERVISION AND INSPECTION . 2322RIGHT OF TERMINATION . 2423TITLE. 2524INDEMNIFICATION REQUIREMENTS . 2525INSURANCE . 2626BONDS . 2827WARRANTY . 2928PERMITS AND LICENSES . 3029TAXES. 3030INDEPENDENT CONTRACTOR . 3031PROPERTY DAMAGE . 3032PUBLIC LIABILITY . 3133SUBCONTRACTORS . 3134FORCE MAJEURE . 3135ASSIGNABILITY . 3236RIGHT TO AUDIT . 3237EQUAL EMPLOYMENT OPPORTUNITY . 33CONFIDENTIALiPedernales Electric CooperativeSeptember 2014
38SEVERABILITY OF PROVISIONS . 3339CONFLICTS OF INTEREST . 3340HOLIDAYS . 34APPENDIX 1. 2015 CAPITAL IMPROVEMENT PROJECT PROPOSALS . 35APPENDIX 2. LABOR UNITS SPREADSHEETS, OVERHEAD AND UNDERGROUND. 39APPENDIX 3. TIME AND EQUPIMENT RATES . 94APPENDIX 4. FORM OF FINAL ACCEPTANCE . 95APPENDIX 5. CIRCUIT DIAGRAMS . 96CONFIDENTIALiiPedernales Electric CooperativeSeptember 2014
02 BACKGROUNDPedernales 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 inTexas. PEC’s headquarters is located in Johnson City, Texas, with 16 district and business officeslocated throughout the service area.PEC’s operational commitment is to provide reliable electricity and excellent service to members atcompetitive 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 thecooperative’s margins. Because of this unique business model, PEC members demand the bestservice, reliability, and management at the lowest cost to membersPEC’s objective is to select a single supplier for operations and maintenance support of its electricsystem facilities. This may include individual or a combination of the following services: Distributionand System Planning, Rights of Way, Permitting and Environmental Management, SystemProtection/Event Analysis, Testing, Commissioning, and Maintenance, Program and ProjectManagement, and/or Emergency outcall / service restoration (Storm Services). Other support, such asliaison 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 requestedServices, 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’soperations and maintenance (O&M) offices, as well as Supplier’s material staging facilities, must bewithin a 2 hour driving radius of PEC’s headquarters in Johnson City, TX. Supplier will performrequested Services as directed by PEC resources and in accordance with the criteria provided in thisRFP. Services to be provided must comply with the technical and commercial requirements defined inthis RFP and resulting Contract, its exhibits, and referenced specifications.CONFIDENTIAL1Pedernales Electric CooperativeSeptember 2014
PEC Service Territory03 MANNER OF SUBMITTING PROPOSALSThe following section provides direction to each potential Supplier who is anticipating the preparationand submittal of a proposal for PEC evaluation (“Bidder”). The following provides direction to thepotential Bidders as to how they shall submit their proposal to PEC for evaluation. Each Bidder shallsubmit their Proposal as follows:1. One (1) electronic copy of the complete Proposal in PDF format including a scanned, signed copyof 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 ofthe bonds posted;2. Five (5) bound hardcopies of the complete Proposal.CONFIDENTIAL2Pedernales Electric CooperativeSeptember 2014
Each copy of the Proposal (electronic and hardcopy) shall be complete proposals containingappropriate and binding responses as requested herein. The Pricing section of the Proposal shall beincluded in the proposal as a separate section and clearly marked as such. Contract forms providedherein shall be executed by the Bidder and included with the hardcopies of the Proposal. In the PricingSection of the proposal, the Bidder shall complete the proposal pricing using the Price Worksheetsincluded in Appendix 1, 2, and 3 of this RFP. For the Price Worksheet in Appendix 1, Bidder shallsubmit pricing for each entire project. For the Price Worksheets in Appendix 2 and 3, the Bidder willprovide unit pricing. The Pricing form used by the Bidder to provide the details of the pricing for theirProposal 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 theBidder to fully clarify their Proposal and confirm compliance with the requirements of this RFP shall besubmitted and bound with the Proposal. All materials prepared by the Bidders to document theircapabilities and compliance with the RFP and submitted with the Proposal shall be included in theirProposal as appendices. These appendices shall be listed in the Table of Contents clearly referencedby 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 afterthe Proposal due date. All prices included in the Bidder’s Proposal shall be guaranteed for a period ofnot 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 theprice of the material and labor units identified within their Proposal and included in the final Contractbased 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 previousyear. This escalation in price will establish the price ceilings for each labor and material unit for thenew year (January – December).The six (6) hardcopies of the Bidder’s complete Proposal shall be submitted to EnerVision, Inc. actingon behalf of PEC, to the attention of Ms. Mary Ellen Cole, Senior Consultant. Ms. Cole’s contactinformation including her e-mail address is provided below.Ms. Mary Ellen ColeSenior ConsultantEnerVision, Inc.4170 Ashford Dunwoody DriveSuite 550Atlanta, GA 30319Phone: 678-510-2920Mary es Electric CooperativeSeptember 2014
Bidders shall deposit their Proposal package by 1:00 p.m. CPT, October 14, 2014. The electronic copyof the Proposal shall be e-mailed to Ms. Cole for receipt by or before the same date and time. Proposalsreceived 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 toEnerVision, Inc. The name and address of the Bidder, and the date and time of the Proposal openingshall appear on the envelope within which the Proposals are submitted. Each Proposal packagereceived will be opened at a public opening at 9:00a CPT the following day. The Proposals will beopened and the apparent low Bidder announced.Within five (5) Business Days following theannouncement of the low Bidder the Proposals will be evaluated by PEC and EnerVision on the basisof the compliance of each with the requirements and instructions of the RFP and the winning evaluatedBidder notified.All contacts, questions, or requests for clarification shall be directed to Ms. Cole via e-mail or phonecall. Proposals will be date stamped by EnerVision, Inc. on behalf of PEC. Proposals (hardcopies ande-mail) received after the deadline specified herein will be rejected and returned to the Bidder unopened.PEC reserves the right to reject any and all Proposals received for any cause and without explanationor justification.04 DEFINITION OF TERMSThis 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 thatcompany is paying a rental fee for space.2. “Contract Administrator” and “Administrator” – PEC representative responsible foroverseeing 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 notindicated, 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 theUnited States whether it is Central Standard Time or Central Daylight Savings Time.6. “Engineering and Construction Contract” or “EC Contract” – the contract between PECand the Supplier which defines the Work to be performed by both parties, the schedule for eachproject assigned the Supplier, associated pricing for the labor units expended and any materialunits identified.CONFIDENTIAL4Pedernales Electric CooperativeSeptember 2014
7. “Project Manager” – the person or persons designated by PEC from their staff or consultantstaff and a similar position designated by the Supplier to manage the day-to-day activities androutine progress reporting for each project.8. “Proposal” - the priced response offer from the Bidder submitted in the prescribed form inresponse to the RFP which sets forth the Work to be performed, any materials and equipmentto 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 andConditions, project description, technical specifications and instructions to Bidders to which theBidders are to prepare their priced response.10. “Services” - the work (activities, tasks, and other) performed by the Supplier at the directionof the PEC Project Manager to accomplish the various projects identified in the Capital ProjectImplementation Plan included in the EC Contract.11. “Subcontractor” - an individual, firm or corporation having a direct contract relationship withthe 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 withinthe RFP or as directed by the PEC Project Manager.05 SCOPE OF SERVICESSupplier shall furnish engineering and labor described herein.If specific scopes of work aresubsequently issued, Supplier shall subsequently supply all other costs of doing business, includingbut 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 someservices, however, the Supplier shall be considered the prime contractor with sole responsibility to PECfor the successful completion of each project assigned by the PEC Project Manager. Outsourcing ofmaterial should be less than 30% of the aggregate of the composite of all services in order to providethe 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 notdamaged by the elements.Supplier shall be prepared to safely perform all Services on facilities that may be energized or deenergized, 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), restorationmaterials, and maintenance of traffic (MOT) to perform all necessary functions associated with theServices requested by PEC.Supplier shall maintain clean and safe work sites, including offices or anywhere else the Supplier maybe working. At the completion of the job, Supplier is expected to leave all project sites in original pre-CONFIDENTIAL5Pedernales Electric CooperativeSeptember 2014
existing or better condition. Conditions left at any and all project and other work sites shall beacceptable to PEC, permit agencies, and PEC Members. Under no circumstances shall a site be leftin an unsafe or unsecured condition.A. Rights of Way, Permitting and Environmental ManagementPEC will act as the liaison between Supplier and the permitting agencies in submittingthe applications, however the Supplier is responsible for the complete documentation required for thepermits. 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 courtapprovals, etc.), State Permits (no TX state permits required if on private property with private funding; TexasPUC or Other permits may be required if using state/federal land or funding), Initial Data Gathering such asoLand Cover,oLand Use,oTxDOT, Railroad, & Pipeline ROW Encroachment - Review current and historicalrecords to determine if ROW is located on the project site,oReview TX Railroad Commission databases to determine if any oil or gas pipelineROW is located on the project site,oPermitting Requirements,oCultural Resources, andoNatural Resources, TCEQ Stormwater Permitting, Wetlands, F
Pedernales Electric Cooperative, Inc. ("PEC") is the largest distribution elect ric cooperative in the nation - one that covers 8,100 square miles and serves more than 602 ,000 meters in twenty-four counties in Texas. PEC’s headquarters is located in Johnson City, Texas, with 16 district
