RFP_1100_LLM3008_ATT_5_v1.pdf

SCOPE OF WORK

Overhead Transmission Electrical Services

RFP 1100

LLM3008

1 PURPOSE

Contractor shall provide a labor force, equipment, temporary materials, and supervision for the performance of any routine Capital Improvement Projects and/or emergency electric transmission service or distribution service, maintenance work, or performance of any related work as Austin Energy may deem necessary. This contract may provide Austin Energy with materials and services, which are required on an emergency or short notice basis. The provision of materials and subcontractor services is not the primary purpose of this contract and Contractor will be called upon to do so only when Austin Energy cannot expediently procure such materials and services directly.

2 TERM OF CONTRACT

This contract shall remain in effect for an initial term of 24 (twenty-four) months or the City terminates the Contract. This Contract may be extended beyond the initial term for up to three (3) additional 12 (twelve) month periods at the City’s sole option.

3 CONTRACTOR REQUIREMENTS

A. The Contractor shall perform all work issued by Austin Energy in a timely and efficient manner, in accordance with Austin Energy’s schedule. The Contractor may be required to mobilize its forces on short notice from Austin Energy. The Contractor shall comply with all requirements of Austin Energy in the performance of this contract. Prompt response and timely execution of the work, both routine and during periods of emergency or interruptions of electric service, is the essence of this contract.

B. The Contractor shall make available at all hours, day or night, and in all kinds of weather, supervision and work forces for all of the types of work agreed to under this contract.

C. The response time for these emergency calls to the designated site or reporting location shall be 90 (ninety) minutes unless otherwise agreed to by Austin Energy and the Contractor at the time of the notification.

D. Nonemergency calls will be responded in the standard working time of 7:00 AM until 7:00 PM Monday through Friday unless adjusted by Austin Energy to meet operational needs.

The work week will be defined as midnight Sunday morning through midnight Saturday night.

E. On Occasion the contractor may need to supplement Austin Energy’s crew by providing an on-call crew during Holidays, weekends, or adverse weather.

F. Contractor shall ramp up and be ready to perform assigned work in all areas within 14 (fourteen) calendar days of Contract execution, unless otherwise agreed to by Austin Energy.

G. Daily Time Sheet Submission for all Work

1. Contractor shall provide Austin Energy’s Inspector with a daily time sheet indicating all hours worked by Contractor’s personnel and equipment, including a brief description of work performed for each work release in progress daily.

2. The daily time sheet is due by 10:00AM to the Austin Energy Inspector the business day after any day the Contractor does work.

3. Time invoiced for labor shall be limited to hours actually worked and for attending safety meetings.

a) Non billable time for personnel shall include but not be limited to sick time, vacation, personal leave, time at lunch, time spent maintaining equipment, time spent cleaning facilities, and time when no projects or tasks have been assigned by the City.

H. Personnel Requirements

1. The Contractor shall manage crews in accordance to the amount of work being assigned. The crew makeup shall be based on the experience and level of technical knowledge required to safely and effectively complete the assignment.

2. Minimum crew requirement:

Staffing Crew Quantity

a) Daily Crew Lead/Supervisor 1

b) Qualified Operator 1

c) DE III - Qualified Journeymen Linemen/ Distribution Electrician III 2

d) DE I - Grounds Hands/Trainees/Apprentices 2

3. Should Austin Energy determine the makeup of the crew is not sufficient to properly, efficiently, and safely perform the work, then Austin Energy will request to change the makeup of the crew to Austin Energy’s satisfaction.

4. Austin Energy will not guarantee a minimum amount for an assignment or minimum amount of work for any crew.

I. Equipment Requirements

1. The availability of this equipment must be maintained throughout the duration of this contract unless specific written exception is granted from Austin Energy’s Project Manager and Contract Compliance Manager in advance.

2. The Contractor is encouraged to optimize crews and equipment to improve productivity and reduce cost. Equipment and personnel will be allocated between Austin Energy’s facilities as approved by Austin Energy.

3. The contractor will have on-hand, in good working condition, at all times, unless approved by Austin Energy's Inspector.

Equipment Quantity

a) Service Bodies 2

b) Foreman Truck 1

c) Pick-up Truck 1

d) Insulated 125’ bucket truck 2

e) Insulated 150’ bucket truck 1

f) 40-Ton with man basket & jib crane 1

g) Material trailers 2

h) Haul Truck 1

i) 60,000 lbs low boy trailer 1

j) Flat bed stretch float trailer 1

4. The contractor shall have the ability to acquire additional equipment that may be required for projects, such as pulling equipment, heavy equipment, tools, dollies, etc.

5. Contractor shall furnish all necessary small tools and incidental equipment per crew, including but not limited to:

a) applicable Personal Protective Devices (blankets, line guards, pole guards and other types insulating equipment)

b) live line tools

c) insulating jumpers rated to 400 amps,

d) pole gins,

e) wire/guy cutters,

f) hoist,

g) wire grips (range from #6cu to 795 MCM AA),

h) LPGW Fiber grips various sizes

i) drills (battery, gas, hydraulic, hammer)

j) proper size wood boring bits,

k) various sizes of slings (nylon and steel),

l) chain saws,

m) tree saws,

n) ropes,

o) meters (voltage, ampacity, rotation, ohm),

p) live line tools,

q) ground rod drivers,

r) line grounds,

s) equipment bags,

t) crimping/press tools,

u) sledge hammers,

v) various types of shovels,

w) cant hooks,

x) tamps (hand and hydraulic),

y) hydraulic pole puller,

z) ropes,

aa) hand lines,

bb) flashlights,

cc) ladders (up to 21 feet),

dd) fire extinguishers,

ee) Hog drill (magnetic drill for steel poles)

ff) Gasoline powered generator

gg) Fiberglass baker board (hot board, 25 kV rated)

hh) Y-35 and Y-45 Hydraulic press head and motor with dies set of primary phasing sticks

ii) Load brake tool Capstan hoist

jj) Stringing blocks for Transmission & Distribution Construction

kk) Any other tools deemed necessary to assure a safe working environment for its employees.

ll) All tools shall fall within acceptable methods of doing overhead construction and manufactured by a creditable manufacturer.

mm) Each qualified member of crew shall be outfitted with their own set of applicable climbing equipment

4 CONTRACTOR RESPONSIBILITIES

A. Transmission & Distribution Electrical Services

1. Services provided under this contract include virtually all facets of transmission services with some distribution services that are related to the transmission work.

2. Contractor shall perform incidental work necessary to complete the work assigned in this contract.

3. Contractor shall be responsible for the care and protection of all materials and partially completed work until all work is completed and accepted by Austin Energy.

4. Contractor shall furnish all management, supervision, labor, tools, safety devices, equipment, machinery, supplies, accessories, support services, temporary materials, and conveyances necessary to:

a) Dig and clean pole holes as required by machine and/or hand methods for wood, concrete, and metal poles possibly up to 200 feet or more in soil, gravel or rock in a safe and efficient manner;

b) Haul wood, concrete, and metal poles up to 60-foot sections in length;

c) Set framed or unframed poles, often in energized lines;

d) Make temporary and/or permanent contacts on energized conductors;

e) Install all types of guy anchors;

f) Install and/or remove a wide variety of transmission and distribution hardware, insulators, conductors, transformers, and associated hardware and apparatus;

g) Pull utility poles and backfill abandoned pole holes as required;

h) Pull and replace rotten poles, and;

i) Any related transmission or distribution work requiring Contractor assistance.

5. Contractor shall perform complete, turnkey projects for transmission and occasionally distribution facilities as a supplement to Austin Energy’s normal work.

6. The Contractor’s project manager/representative shall attend any and all pre-/post-construction update meetings for turnkey projects that the Contractor has been assigned.

7. At the conclusion of a project the Contractor shall repair any and all damages resulting from equipment and personnel that were caused by Contractor during the construction process to Austin Energy's customers land and/or property.

8. The Contractor shall provide a detailed final briefing, as required by Austin Energy, including a field walk, completed project overview, and returning of all prints, documents and material with Austin Energy Inspector before official acceptance of the project is given.

B. Contractor shall complete turnkey projects by the accepted deadline. For turnkey projects, the Contractor shall take schedule, equipment, and permits into consideration when giving a price.

C. Contractor shall provide the Austin Energy Inspector weekly project updates and progress reports in writing. An Austin Energy Inspector will be a single point of contact on large projects when requested by Austin Energy during the awarded project.

D. Improvements to Service Center Yards Contractor may be required to make certain improvements to Austin Energy’s Facilities.

Such improvements would be in support of the Contractor’s or Austin Energy’s overhead transmission/distribution services work such as facility security and protection, or in support of moving additional Contractor crews and equipment to Austin Energy’s yards.

E. Specialty Services Subcontracting (SSS) Contractor shall provide services as requested by Austin Energy that are related to the transmission of electrical services but not considered to be usual and recurring. These items will be quoted as requested by Austin Energy. The requests must be approved by Austin Energy Project Manager and the Austin Energy Contract Manager before a quote may be requested.

Certain projects assigned by Austin Energy may involve specialized tasks that require the use of helicopter services. The Contractor shall be responsible for providing all necessary helicopter equipment, including a qualified pilot. All personnel engaged in this work must be fully licensed and certified to perform such tasks. The following are examples of situations where helicopter services may be required:

1. Emergency response work where ground access is not feasible or safe, and climbing methods are not practical.

2. Aerial patrols of circuits (CKTs) to assess damage not visible from ground-based inspections.

3. Aerial circuit evaluations using specialized technology such as infrared imaging or

Lidar.

4. Maintenance or construction activities in locations inaccessible by truck or unsafe for climbing methods.

5. Installation of structures or poles for both distribution and transmission systems.

6. Work associated with the above activities, including but not limited to:

a. Fiber optic, shield wire, or conductor repairs

b. Insulator repair or installation

c. Stringing of conductor, fiber optic, or shield wire

F. Design Changes: Design changes required by Austin Energy can cause a change order if Contractor incurs more than $10,000 in additional cost, requires substantial rework construction or must obtain and install different materials than what is called out in Austin Energy’s original request for work. No change orders will be paid for unless approved by Austin Energy Project Manager in writing.

G. Notifying Austin Energy Customers:

1. Contractor shall contact Austin Energy customers prior to starting work on customer property.

2. If the Contractor does not receive permission from Austin Energy customer within three (3) contacts or meetings, Contractor shall notify Austin Energy’s Inspector in writing.

H. Bad Weather or Muddy Conditions:

1. Bad weather or muddy conditions will not entitle the Contractor to additional compensation unless Austin Energy requires Contractor to do the project under those conditions and the conditions were not anticipated at the time of assignment.

2. The Contractor shall be able to schedule the assigned work to avoid unfavorable conditions. If however, the Contractor has failed to schedule the project and the project is due, bad weather and muddy conditions do not change the terms and conditions of the assignment.

I. Scheduled Outages or Interruption of Service:

1. Scheduled outages or interruption of service to residential/commercial customers for distribution work are limited to four (4) hours or less.

2. For Work Releases requiring longer outage durations, Contractor shall obtain approval from Austin Energy’s Inspector prior to proceeding.

J. Technical Licenses: Contractor warrants and represents that it has or will obtain, at its own cost, all technical licenses required to perform the work, and that it has the technical ability, experience and expertise to perform the work required by Austin Energy.

K. Emergency Work:

1. Emergency work will be deemed an emergency by Austin Energy.

2. Contractor shall adhere to a 1-hour response time for emergency work

3. Non-Truck Accessible (NTA) charged will be exempt from any hourly work.

4. Equipment will only be paid while in use. (Please refer to Scope of Work Specific

Invoice Requirements).

5. Transportation equipment shall be paid 1hr to and 1hr from emergency location.

(Please refer to the Scope of Work Appendix G invoicing #3 A-B)

6. All emergency work will be completed before leaving. No going back to finish unless approved by the AE Inspector.

7. All labor and equipment hours will be tracked on a daily timesheet and will be turned in with the workbook.

8. During emergency work, if an emergency management contact needs to be brought in, they will be paid at the applicate rate on the pricing sheet for time spent coordinating resources for up to three hours.

L. Storm Damage Restoration Events:

Contractor shall provide additional personnel and equipment (when available to Contractor) to respond to storm damage to Austin Energy's electrical system when the needs of the Austin Energy exceeds the capabilities of the Contractor’s work force currently assigned to Austin Energy, when requested in writing by Austin Energy. When requested by Austin Energy to import a work force on a limited purpose basis, Contractor shall be compensated as follows:

1. Compensation to the Contractor for such additional emergency personnel and equipment shall be at the contractual rate of their home base operation. Contractor shall provide documentation adequate to support billing rates invoiced, to the satisfaction of Austin Energy.

2. Labor overtime rate will be calculated by the hourly rate overtime as indicated in Rate Form.

3. Contractor’s personnel will be billed on a portal to portal basis, and after acquiring forty regular time hours shall be compensated at the appropriate overtime billing rate.

Compensation for travel shall be based on the actual time required to drive from the Contractor's remote facilities to the Austin Energy's designated work location and back to Contractor’s remote facilities, for each employee imported for the work.

4. In cases when arrangements must be made for meals and lodging for Contractor's imported work force, the following shall apply:

a. When required, Contractor shall obtain overnight lodging at the double occupancy rates for each additional employee brought in from out of Austin Energy’s Service Territory and not already performing services under this Contract. The Contractor shall furnish Austin Energy with copies of receipts to provide suitable documentation for FEMA reimbursements to verify all expenditures. Austin Energy shall reimburse Contractor for actual cost incurred or Austin Energy at its discretion may provide lodging for Contractor’s imported work force. Any charges incurred other than basis room rental and bed tax shall be the responsibility of the Contractor and shall not be reimbursed by Austin Energy.

b. When required, the Contractor shall provide meals to imported work force.

Austin Energy shall reimburse Contractor for reasonable and appropriate actual cost of meals, as determined by Austin Energy, for the additional employees brought in from out of town. Contractor shall furnish Austin Energy with copies of receipts or suitable documentation to verify all expenditures. Austin Energy will not provide reimbursement for alcoholic beverages, sundries or non-food items. Contractor, at the Contractor’s expense, or as approved in writing, shall provide any additional transportation vehicles and the transporting of additional equipment to Austin Energy’s service area by Austin Energy.

5. All other reasonable and appropriate expenses incurred by the Contractor when requested by Austin Energy to import a work force for this limited purpose shall be negotiated in good faith by Austin Energy and Contractor.

4.1 RIGHT OF INSPECTION AND REJECTION

A. Austin Energy will have the continuing right to enter the worksite at any time to inspect, observe, or test any aspect of the work. Austin Energy's exercise of its rights of access and inspection shall not relieve Contractor of its duty, as an independent Contractor, to properly perform and functionally complete the work in accordance with specifications and the terms of this Contract, nor shall it render Austin Energy responsible or liable for any acts, errors, omissions or negligence of Contractor or its subcontractors, employees or agents.

B. The Contractor shall provide Austin Energy with every reasonable accommodation to enable them to determine if the work is being performed in accordance with specifications and the terms of this Contract. Upon Austin Energy's request prior to final acceptance of the Work, Contractor agrees to leave accessible or uncovered, or to remove or uncover, portions of finished work for inspection as directed. After inspection, Contractor shall restore that portion of the Work in accordance with specifications. If such inspection showed that portion of the work to be defective, non-conforming, or incomplete, any additional costs to uncover, restore or correct the work shall be borne by Contractor; if that portion of the Work was not defective, non-conforming, or incomplete, then such additional costs shall be borne by the City.

4.2 SAFETY

Contractor shall initiate, maintain, and supervise all safety precautions and programs in connection with the Work. Austin Energy requires strict adherence to Occupational Safety and Health Administration (OSHA) and National Electrical Safety Code (NESC) safety requirements and encourages Contractor to implement additional safety measures whenever conditions warrant. Contractor shall verify their employees have all appropriate or required safety and protective equipment.

A. Drugs and Alcohol: Contractor shall comply with drug and alcohol testing requirements as required by Federal and State departments of Transportation.

B. Austin Energy’s Authority to Stop Work: If at any time Austin Energy determines Contractor’s work, equipment, procedures, or personnel pose an imminent danger to life and/or safety of any person, Austin Energy reserves the right to stop the Contractor’s work until safety is restored. Unless Austin Energy is clearly in error and Contractor’s work presents no safety risk, any lost time on the part of Contractor’s employees or equipment shall not be billable to Austin Energy.

C. Employee Training Record: If questions arise regarding the qualifications of Contractor’s or Subcontractor’s employee to perform a given task, Contractor shall present to Austin Energy appropriate documentation of employee’s training and qualifications. Austin Energy reserves the right to require Contractor to reassign the subject employee until qualifications are verified. Austin Energy also reserves the right to test individual workers for qualifications.

If after Austin Energy’s review, the training and qualification documentation presented does not support the employee in the position they are fulfilling, the Contractor shall reassign or remove such working from Austin Energy’s work. Employee reassignment to Austin Energy projects requires Austin Energy’s Consent.

D. OSHA Annual Incident Rate:

1. Contractor shall maintain safety records and accurately report their OSHA Annual

Incident Rate to City's Contract Manager on an annual basis.

2. Contractor shall supply safety inspection process for all equipment in the company, include recertifications and replacement decisions.

E. Safety Representative:

1. Contractor shall designate in writing a qualified and experienced safety representative (the “Safety Representative”) available in the Austin Energy service area during working days whose duties and responsibilities shall include safety training; identifying and mitigating hazardous conditions and unsafe work practices;

and developing, maintaining and supervising the implementation of safe work practices and safety programs as deemed necessary and appropriate for the Project.

2. The term “Safety Representative” includes any designated Safety Supervisor, Superintendent or Safety Manager.

3. The Safety Representative shall exercise due diligence in the execution of all Project related safety duties.

4. The Safety Representative shall report directly to a company executive, not an on-site project manager.

5. Upon request by Austin Energy, Contractor shall provide certifications or other acceptable documentation of the Safety Representative's qualifications.

1. The Safety Representative shall present certification of completion of the OSHA 30-hour Construction Industry Training Outreach Program. Refer to Section 8 for the Outreach Program external link.

2. The Safety Representative shall verify that all construction workers (defined as persons covered by a prevailing wage determination) on the job site, whether employed by the Contractor or subcontractors, have completed the OSHA 10-hour Construction Industry Training Outreach Program. The Safety Representative shall have all such certificates available for inspection by the Austin Energy.

3. The Safety Representative shall ensure that workers, including designated competent persons, have completed all applicable OSHA specific or other training needed to perform their job assignments. Training topics applicable to the scope of the current Project may include, but are not limited to, scaffolds, fall protection, cranes, excavations, electrical safety, tools, concrete and masonry construction, steel erection, operation of motor vehicles and mechanized equipment.

4. The Safety Representative shall post notice on the site of the Work stating that all workers shall have completed OSHA Construction Industry Training.

5. If requested by Austin Energy, the Safety Representative shall provide a means of readily identifying workers who have completed the required training to monitor compliance with these requirements.

6. The Safety Representative shall ensure that all required OSHA and Workers Compensation notices to workers are posted in English and Spanish at one or more conspicuous locations on the work site.

4.3 WORKING ON OR NEAR ENERGIZED EQUIPMENT-ARC FLASH PROTECTION:

Contractor’s employees shall wear at all times the proper personal protective equipment and clothing required for the head, face, torso, arms, hands, and lower body that provides a minimum Arc Thermal Protection Value of 12 calories per square centimeter (cal/cm2) when working on or near energized electrical equipment, or greater, if required by the NFPA Standard 70E and/or Article 410 of the NESC for the work being performed.

4.4 TURNKEY WORK ASSIGNMENTS

A. Austin Energy will provide the duration of the job at the time of assignment.

1. If the Contractor cannot meet the assigned duration of the job, Contractor shall notify Austin Energy within five (5) working days of receiving the work assignment with the exception of unforeseen site conditions.

2. Once the job has started, the Contractor shall continuously work on the job until completion of the job unless directed by Austin Energy Project Manager to another Austin Energy job.

B. Pricing

1. Contractor shall provide pricing based on the project price in the Price Submittal sheet. The Contractor shall obtain Austin Energy approval that project does not fit into one of the projects listed on the Price Submittal sheet before using Category OH1 Hourly Labor Rates and Category OH2 Schedule of Equipment Billing Rates as the basis for a quote.

a) Distribution Overhead is identified as OH on the price sheet.

1. Contractor shall provide a guaranteed maximum price for turnkey work assignments.

4.5 COORDINATION OF WORK

Austin Energy may contract with others for performance of other work at the site. Contractor shall cooperate with Austin Energy and coordinate with other contractors for site access, transportation, utilities, material storage, traffic, and parking.

4.6 PERMITS AND NOTIFICATION OF ENTRY

A. Right of Way Permits:

Austin Energy may require Contractor to obtain Right of Way permits for the assigned work.

The actual cost of the permit and the cost to obtain the permit, including fees, the actual time spent actively obtaining the permit, one-time inspection fees, and vehicle cost, shall be billable to Austin Energy, with no markup. Any fees for re-inspection shall not be billable.

Invoices for permits and one-time inspection fees shall be attached to the invoice for Contractor Invoicing billings and/or Maximo invoicing.

B. Permits for Street Cuts and Environmental Permits:

Austin Energy may require Contractor to obtain permits for street cuts, and environmental permits for the assigned work. The actual cost of the permit and the cost to obtain the permit, including fees, the actual time spent actively obtaining the permit, one-time inspection fees shall be billable to Austin Energy, with no markup. Any fees for re-inspection shall not be billable. Invoices for permits and one-time inspection fees shall be attached to the invoice for Contractor Invoicing billings and/or Maximo invoicing.

C. Other Permits:

Contractor shall obtain any permits required by the Municipal, State, of Federal

Government, including, but not limited to, permits for construction equipment passing along or across public or private roads, and State or County Right of Way Construction Permits. The actual cost of the permit, provided it is for actual construction of the projects assigned the Contractor, shall be billable to Austin Energy, with no markup. Invoices for permits and one time inspection fees shall be attached to the invoice for Contractor Invoicing billings and/or Maximo invoicing.

4.7 BARRICADES:

A. Contractor shall furnish all barricades, traffic control, and safety devices necessary to protect the work, the workman, and general public as required by applicable law and standard, in the execution of the assigned work.

B. The requirements of the Texas Manual on Uniform Traffic Control Devices (TMUTCD), the City of Austin Standard Specification Series 800, and the City of Austin Transportation Criteria Manual will determine what barricade and/or traffic control equipment is required. Refer to Section 8 Standard Specification Series 800 external link.

4.8 MATERIALS FURNISHED BY AUSTIN ENERGY

A. Unless specifically stated otherwise or special provisions are made, Austin Energy will furnish all materials and hardware including but not limited to poles, cross-arms, mounting hardware, insulators, conductors, and any associated miscellaneous hardware. Austin Energy will provide only the correct amount of materials necessary for the permanent installation of required facilities. Unless otherwise stated herein or in the detail drawings, the Contractor shall furnish all required labor, equipment, and temporary materials to provide for a complete and acceptable construction, ready to be put into use, in accordance with the drawings and specifications.

B. Austin Energy will not furnish Contractor or any of its employees with tools, traffic control devices, safety equipment or devices of any nature, cleaning or lubricating chemicals, rags, personal use items, or any other material or equipment except as stated.

C. Acquisition of Austin Energy-Provided Material by Contractor

1. Materials furnished by Austin Energy will be picked up by the Contractor or made available to the Contractor at locations designated by Austin Energy. In general, Austin Energy will set material aside for specific projects, or jobs, in designated areas in Austin Energy’s Facilities. The Contractor shall:

a) Accept the materials at the delivery points specified.

b) Check and/or test all materials to satisfy themselves that the materials delivered are in good condition and the quantities are correct.

c) Any materials, which do not meet specifications, or are broken or damaged, shall be returned unused and reported to Austin Energy.

d) Load, unload, haul, distribute, and store all materials furnished by Austin Energy;

and,

2. Execute receipt for all materials accepted from Austin Energy or returned.

D. Acceptance of Material by Contractor

1. The Contractor, when requested by Austin Energy, shall supply, receive and sign for materials such as poles, anchors, other attachments and other similar materials that Austin Energy has ordered to be delivered to the work site for installation by the Contractor. The Contractor shall ensure a Supervisor or Foreman capable of properly identifying the material to be delivered verifies that the delivered material meets the requirements stated by and ordered by Austin Energy. The Contractor’s

Representative shall receive the original delivery ticket and print and sign their name, job title, date and time of delivery of the material.

2. The Contractor’s Representative shall also note on the delivery ticket any discrepancies in the material delivered, and when the material is not in compliance with the requirements, reject the materials delivered as not meeting requirements.

The Contractor’s Representative shall immediately notify Austin Energy’s Inspector of the material rejection. The Contractor’s Representative shall state the reason for rejection on their Daily Time sheet, sign their name, job title, date and time of delivery of the material, and provide a copy of the daily log to Austin Energy’s Inspector the day of the material rejection or no later than the next business day.

3. The Contractor shall deliver the receipt ticket document to the Austin Energy Inspector the day of delivery, or at the latest, the following business day.

4. After the materials are accepted as specified above, the Contractor shall become solely responsible for their care, storage, and protection. In the event the materials are, damaged, lost, stolen or destroyed by any cause whatsoever after the Contractor has received them; their repair or replacement shall be entirely at the Contractor's expense.

E. Material Damage, Loss or Excess

1. Austin Energy will allow Contractor up to 2% (two percent) excess on breakable items, such as insulators, and other items that require a margin for error, such as wire. Any breakage or usage in excess of this limit shall be at the Contractor’s expense. All other items will be issued in quantities for the specific project only with no excess.

2. While performing services and after a project is complete, the Contractor shall return excess and/or damaged Austin Energy-Furnished materials to Austin Energy's storage yard and stack as directed by Austin Energy. All transporting of materials shall be in accordance with all Federal, State and local laws, rules and regulations applying thereto.

3. All materials and wire removed from service, whether deemed reusable or scrap, remain the property of Austin Energy. The Austin Energy Inspector or his designee will determine the status of material and wire removed by the Contractor. Reusable materials shall be broken down into the smallest standard components and kept separate from junk material until it is checked and returned to Austin Energy.

Reusable wire shall be kept neatly coiled or on reels until returned to Austin Energy.

Contractor shall return junk material and wire to Austin Energy for salvage by Austin Energy.

4. Contractor shall return all “returnable” reels to a location designated by Austin Energy, within one (1) week from the time they become empty or unneeded.

Damaged or empty reels not returned will be charged to the Contractor. Costs for returning reels will be at Contractor’s expense.

F. Material Storage After material is issued to Contractor, all construction material and equipment shall be stored so as to be protected from damage, degradation by the elements, theft, breakage, and in a neat and orderly fashion. If outdoor storage cannot be avoided, the material and equipment shall be stacked on supports well above ground level and protected from the elements to the fullest extent possible.

G. Contractor Access to Transmission/Distribution Poles

1. Austin Energy will provide poles to Contractor for installation on work release projects. Metal, composite fiber, wood, and concrete poles may occasionally be provided for specific work release projects. Most poles will be wood; however, metal, composite fiber, and concrete poles may occasionally be provided for specific work release projects.

4.9 MATERIALS AND EQUIPMENT FURNISHED BY CONTRACTOR:

A. The Contractor shall provide all labor, tools, equipment and/or machinery, traffic control devices, and safety equipment necessary for the execution and completion of the work, except where it is otherwise specifically provided that Austin Energy will furnish the same.

B. Austin Energy will not be held responsible for the care, preservation, maintenance or protection of any material, tools, machinery, or safety devices. Nor will Austin Energy be responsible for any part of the work until it is completed and accepted.

C. Contractor shall provide adequate hand tools as required to perform the work and first aid supplies as part of the standard equipment of all Contractor’s vehicles.

D. Contractor shall provide all materials and equipment for temporary construction or by-passing required to complete any project, including but not limited to, cross arms, spreader arms, rope, and safety equipment.

E. No damaged or defective material or material not meeting specifications shall be incorporated into the work or remain on the construction site unless appropriate actions are taken to ensure the material cannot be used, cause a safety issue, or interfere/slow down project work.

F. Contractor shall be responsible for the safe keeping of all materials, both Contractor-supplied and Austin Energy-supplied until they are permanently incorporated into the completed project.

G. Austin Energy will not pay for damaged or defective material or material not meeting specifications.

4.10 LOCATION OF EXISTING UTILITIES:

A. The Contractor shall be solely responsible for contacting the "One Call System" for their assistance in locating existing underground utilities before digging or excavating. However, the "One Call System" does not locate utilities on private property.

B. The Contractor shall be strictly liable and solely responsible for and shall indemnify and hold Austin Energy harmless from any damage to any utility, public or private, whether or not it is located through the “one Call System,” and regardless of fault.

C. Contractor shall proceed with caution in the excavation and preparation of holes so as to avoid damage to underground structures whether known or unknown. If damage occurs, immediate repairs shall be made at the option of the effected utility at the sole expense of the Contractor.

D. Contractor shall notify Austin Energy’s Inspector of any damage caused and repairs made.

4.11 CONTRACTOR'S STAFF:

A. Throughout the duration of the Contract, the Contractor shall maintain facilities to serve the scope and intent of the contract. Any cost for rental or lease, mortgage and interest expenses, insurance, utilities, taxes, maintenance, custodial costs, telephone / equipment costs, or any other costs required for yard or office facilities cannot be directly billable to Austin Energy.

B. At Austin Energy’s option, some of the Contractor’s crews may be relocated to Austin

Energy’s yards and dispatched directly from those locations.

C. Contractor shall attend to the faithful progression and functional completion of the Work.

At all times during performance of the Work, Contractor shall have a competent English-speaking Supervisor (General Foreman) or Crew Leader on the worksite and such assistants as necessary to properly supervise and direct the Work. Instructions and notices given by Austin Energy to Contractor’s Supervisor or Crew Leader shall be deemed delivered directly to Contractor. Changes in work scope, however, shall be in writing and shall be signed by the Contractor and the Austin Energy’s Project Manager or his designee. If Contractor’s Supervisor is unable to properly direct the progress of the work or adequately supervise and control Contractor’s workers, Austin Energy may, in writing, request the Contractor to replace the Supervisor.

D. Contractor’s personnel not specifically assigned to an individual assignment will be included in the hourly rates provided. This may include positions such as:

1. General Superintendent

2. Office Staff

3. Distribution Electrician (DE) Supervisor / General Foreman

4. Project Expediter/project manager

4.12 RADIO / MOBILE PHONE COMMUNICATIONS:

A. Radio Communications

1. Austin Energy will provide specific portable hand-held radios in order to communicate with the Austin Energy Control Center. Austin Energy will provide radios for each General Foreman and Crew Foreman. City ordinances and/or laws concerning the use of hand-held electronic devices and/or phones while operating a vehicle shall be adhered to.

2. Contractor shall return all Austin Energy-issued items within one (1) business day of request by Austin Energy, the separation of employment of Contractor’s employee, or the utilization of Contractor’s employee by another of Contractor’s customers, whichever is earlier.

3. Contractor shall be solely responsible for the care, preservation, conservation or protection of the communication equipment issued by Austin Energy for Contractor’s use under this Contract.

4. Contractor shall pay for replacement radios when Austin Energy-issued radios in their care are lost or damaged to the extent they do not power on or transmit radio communications.

B. Cellular Phones

1. Contractor shall furnish and maintain properly functioning cellular phones for each crew in the performance of the work. This cellular phone system shall be capable of reaching across the entire Austin Energy service area. The cellular phone equipment must allow Austin Energy’s personnel to communicate with all Contractor crews while they are either in or out of their vehicles. This communication system and all units shall be functional on or before the execution date of the contract.

2. Each crew employed by the Contractor in the performance of the work under this contract shall have at least one dependable and properly operating cellular phone per vehicle. This shall include: all supervisors' vehicles, crew trucks and pickups, office facilities, and all subcontractor's vehicles associated with this contract. If a Contractor or subcontractor vehicle is utilized and does not have a functioning cellular phone, the Contractor must provide operator with a working cellular phone with the contact number being provided to the appropriate Austin Energy representative prior to its use.

4.13 WORK ACCEPTANCE:

A. Safety and timeliness are critical components of the work. If Contractor’s personnel are found to be working in a questionable manner concerning safety, the project will be stopped until the safety deficiency is corrected and no additional time will be allowed for the project.

B. Acceptance or approval by Austin Energy of Contractor’s work shall not constitute nor be deemed a release of the responsibilities and liability of the Contractor for the accuracy, completeness and competency of the Contractor’s work hereunder. No approval or acceptance by or on behalf of Austin Energy shall be deemed to be an assumption of such responsibility by Austin Energy for any defective, erroneous, incomplete or substandard work of Contractor.

C. Contractor shall start work on any project not accepted by Austin Energy within five (5) working days of notice of rejection. Contractor shall complete the corrective work within a timeline agreed to by Austin Energy and the Contractor.

4.14 SURVEY STAKING:

A. Austin Energy-provided survey stakes will be limited to the reference points indicated on the Construction Drawings or standard staking practices. All other construction reference points shall be established by the Contractor at Contractor's expense.

B. Survey stakes established by Austin Energy shall be preserved by Contractor unless Austin Energy authorizes their removal. Any survey stakes destroyed, moved or removed by Contractor, the Contractor's agent, employee, or subcontractor without approval of Austin Energy shall be replaced by Austin Energy at the Contractor's expense. Cost to the Contractor for the aforementioned re-stake shall be all of Austin Energy’s cost, including labor, fringe benefits, overhead, equipment, supplies and materials. Survey stakes destroyed, moved or removed through no fault of the Contractor shall be replaced by Austin Energy at Austin Energy's expense. Austin Energy will endeavor to correct staking errors or replace missing survey points within a reasonable time period after being notified by Contractor.

C. Austin Energy will set centerline or offset survey points at structure locations shown on the Construction Drawings. Austin Energy-furnished construction drawings or structure list will indicate structure data such as station number, structure type, grounding requirement, foundation details, and/or elevations.

D. Structures shall not be constructed at any other location without prior written approval of Austin Energy.

E. If a discrepancy exists between the markings on the location stake and the Construction Drawings, or Structure List, or if it appears to the Contractor that any structure is staked in error, the Contractor shall notify Austin Energy immediately, and no further work shall be performed on the location in question until such discrepancy is resolved. If the Contractor proceeds without Austin Energy's direction, all such work shall be at Contractor's own risk.

F. The Contractor shall furnish, at its expense, all stakes, templates, platforms, equipment, tools, materials, and labor required to lay out any part of the work for which it is responsible.

G. Surveying is not a pay item in this contract and will be considered as incidental work in pursuance of the work embraced in this contract.

4.15 JOINT USE WORK:

A. In the future, Austin Energy may develop agreements with area Telephone / Cable companies for joint-use service. If the agreement takes place, the Contractor shall obtain price agreements with these companies for the work, which occurs in joint-use services.

Contractor shall invoice the Telephone / Cable companies directly for their share of the Unit Price cost. Austin Energy will be responsible for negotiating the percentage attachment usage cost with each Utility.

B. Austin Energy does not guarantee the availability of this work. Austin Energy will not be bound by any terms or conditions made between Contractor and the telephone, or any of the various cable companies in the service area.

4.16 CLEANUP:

A. As part of the work, Contractor shall completely remove and properly dispose of all temporary work to the extent directed by Austin Energy’s Inspector. Contractor shall remove and dispose of all embankments or cofferdams made for construction purposes; shall properly fill excavations, and holes; shall repair all ruts, creek banks, irrigation ditches, ponds and terraces; shall properly dispose of all rubbish and debris resulting from the work; and shall do all work necessary to restore the work site to at least as good order and condition as it was at the beginning of the work. Repairs and restoration work that is required due to negligence or poor workmanship by the Contractor shall not be billable to Austin Energy.

B. Disposal of any materials, wastes, effluents, trash, garbage, oil, grease, chemicals, etc., shall conform to all applicable Federal, State, and local laws and regulations pertaining to such disposal and to the Site Development permit (available from Austin Energy). If any waste material is dumped or spilled in unauthorized areas, the Contractor shall remove the material and restore the area at the Contractor’s own expense. If necessary, contaminated ground shall be excavated or disposed of in accordance with applicable laws and as directed by Austin Energy, and replaced with suitable fill material compacted and finished with topsoil at the expense of the Contractor. Environmental cleanup work that is required due to negligence or poor workmanship by the Contractor shall not be billable to Austin Energy.

C. All waste material and rubbish will be removed by Contractor at the end of each workday.

In the event of the Contractor's failure to comply with the requirements of this section, Austin Energy may withhold payment for all work until the right-of-way and surrounding area are cleaned to the satisfaction of Austin Energy.

D. Contractor shall keep the right-of-way and staging area(s) in a neat and orderly condition at all times. Austin Energy may, at any time during the performance of this contract, order a general cleanup of the site as a part of the work under this section.

4.17 CHANGES TO THE CONTRACT:

A. Formal, written approval of all changes to the Contract must be completed prior to the change taking place. Austin Energy Project Manager or Inspectors may not verbally authorize the Contractor to begin work affected by the contract change before it has been documented and approved in writing through the Austin Energy Contract Compliance group and the City’s Contract Administrator. The following amendment process has been implemented by Austin Energy:

1. Contract Compliance to govern acceptance, review, and approval of change orders.

Contract Compliance identifies a set of information that is essential to understanding what a proposed change order will change from the basic requirements of the contract, how much it is for, and whether it is authorized by the submitting party.

2. In order for the Austin Energy Project Manager, Austin Energy Contract Compliance, and City’s Contract Administrator to process a proposed amendment, the amendment submittal must contain the following information:

• Change Order Number – A sequential number established by Austin Energy

Contract Compliance for change orders it is responsible for processing.

• Date – A change order submittal date established by the Contractor.

• Project Description – A short description of the work to be performed identifying, at least, the functionality of the change and its benefit to the project.

• Scope of Work –the tasks to be performed, the obligations of both Austin Energy and the Contractor which are necessary to complete the tasks, any testing and test equipment requirements.

• Schedule - A milestone and resource schedule that identifies the additional work, the personnel, equipment, subcontractors needed to initiate and complete such work and the schedule.

• Total Proposed Price – A total cost and a breakdown of the additional cost the Contractor anticipates incurring to perform the work. It should include all elements of the cost, including overhead and profit.

• Authorized signature of the Contractor’s Project Manager or Corporate Officer.

3. Required Authorizing Signatures of Contractor

e) Contractor should be able to provide a signature within one business day of receiving the documents from Austin Energy.

f) The amendment should be signed by an appropriate executive with the knowledge and authority to delegate this authority.

4. The information presented here is the minimum information needed to accept, review, approve, establish funding, and pay for work performed outside the scope of the existing contract.

5 AUSTIN ENERGY RESPONSIBILITIES:

A. Austin Energy will pay for each assigned project using the hourly rate provided in the contract unless a lump sum price is requested and approved. Cost calculations may be requested to support the cost estimate provided.

B. For turnkey work assignments, Austin Energy will furnish a set of drawings, scope of work which will include mandatory completion date to the contractor. The Contractor will have two weeks (14 calendar days) to turn completed bid into Austin Energy. The Contractor will have four (4) calendar days from receipt of project details to notify Austin Energy of capacity issues.

6 SPECIFIC INVOICE REQUIREMENTS:

A. The Contractor shall submit a workbook for work completed and accepted by Austin Energy for an approved work release.

1. Contractor will submit a workbook to the Austin Energy Inspector no later than 10

(ten) working days after final completion of the individual work release.

2. Workbooks are preferred to be submitted in an electronic format provided by Austin

Energy at the Contract kick-off meeting. (Note: This will allow the Contractor to upload the workbook information directly into Austin Energy’s invoicing program)

3. A complete workbook shall contain:

• A unique workbook number

• Work request number (provided by Austin Energy)

• Job address

• Dates work performed

• Project completion date

• Austin Energy Inspector name

• Pricing Sheet…