Underground Electric Service Installation

RFP # 6518

Technical Specifications

Underground Electric Service Installation

EXHIBIT 3

1.PURPOSE

The purpose of this specification is to provide the information necessary to allow contractors to submit a proposal on a contract for the installation of certain underground electric utilities for Denton Municipal Electric (DME). The work will be performed on 13.2/7.62kV Grounded WYE primary overhead and underground electric utility circuits and related secondary voltages supplied by Denton Municipal Electric (DME) in Denton, Texas. Projects anticipated for underground construction are residential subdivisions, commercial developments, electrical substations, and placement of underground lines along city streets and state roads. This contract will be for the labor, equipment, tools, supervision, bonds and insurance to complete installation of electric facilities. The contractor is expected to complete all work in a timely manner, with a minimum of DME supervision. DME will provide all materials required for construction but will not provide supplies and materials necessary for operating the contractor’s equipment.

Approximately $2million was spent under the current contract during the previous three years. While growth trends appear to be continuing, DME guarantees no minimum amount of construction under any future contract.

The contract being sought by this invitation will not be an exclusive underground construction contract. Denton Municipal Electric reserves the right to enter into additional contracts with other contractors for underground utility construction when, according to its own evaluation, there is need. The following are examples of situations that might be considered reason for seeking additional contracts:

Workload

Timeframe issues

Specific or special projects

Transmission line construction

Substation construction

Fiber Optic construction

Others

DME shall be able to negotiate pricing for any unusual or unspecific charges after contract has been awarded.

Questions about this specification shall be directed to:

Jerry FielderRowdy Patterson

Engineering Services ManagerConstruction Line Superintendent

Denton Municipal ElectricDenton Municipal Electric

1659 Spencer RoadOR1701 C Spencer Road

Denton, TX 76205Denton, TX 76205

Phone (940) 349-7173Phone (940) 349-7669

2.GENERAL PROVISIONS

Location for all work will be in or near the city limits of Denton, Texas.

Representing Denton Municipal Electric for this contract will be an Electric Distribution Department Crew Foreman/Contractor Coordinator. The Crew Foreman/Contractor Coordinator, or his designated representative, shall have the responsibility of contract oversight. The Crew Foreman/ Contractor Coordinator shall have authority to ensure Contractor compliance with specifications, drawings, regulations and safe work practices. The DME Crew Foreman/Contractor Coordinator shall have the authority to inspect work, accept construction work for payment, reject work, stop construction, and require corrections. The Crew Foreman/Contractor Coordinator shall complete a formal audit of all construction units prior to approving payment of invoices.

Projects in progress under the existing contract will continue until completed by the existing contractor. The work done under the existing contract will be done at the existing contract price. The Contract will be in effect after award date and all terms and conditions will apply from that date.

The contractor shall warranty all work for two years. If damages to equipment or facilities occur, and it is found by DME not to be the Contractor’s responsibility for such damages, the contractor will not be liable for repair or replacement of such damaged items.

The contractor shall comply with the following codes and regulations:

National Electrical Safety Code (current version)

APPA Safety Manual

Vendor’s annual US Department of Labor OSHA 300 Logs

City of Denton ordinances and regulations

Texas laws and regulations

Federal laws and regulations

The Contractor shall furnish adequate managerial, supervisory, licensed journeyman, and technical personnel on the site to insure expeditious and competent handling of all work. A Superintendent, experienced in major construction of the type required by DME and who is a permanent member of the Contractor’s organization, shall be available to Denton Municipal Electric staff when the contractor is working on any DME project. This Supervisor’s first priority will be the execution of this contract with DME and any other duties will be secondary to that. The Supervisor shall also look over any new project prior to commencement of work and bring up any concerns before the project begins.

Meetings regarding this contract will be held in City of Denton offices.

3.PLANS

Denton Municipal Electric’s Engineering Department will issue construction plans for all projects. The DME Crew Foreman/Contractor Coordinator may approve incidental work not part of a plan. If any part of construction must be reworked because of a plan revision, then all units actually installed, whether before or after the change, will be paid for.

4.PERMITS

DME will be responsible for obtaining all crossing permits and easements including Texas Department of Transportation Permits and City of Denton Clearing and Grading and Right-of-way Permits, where required. The Contractor will be responsible for complying with all provisions set forth within each permit. Contractor shall immediately notify DME if any significant deviation or problem occurs during the installation project.

5.UTILITIES and LOCATES

The Contractor will be responsible for obtaining all necessary excavation locations (Dig Tess) and coordinating with other utilities in the work vicinity prior to digging. The Contractor is solely responsible for maintaining knowledge of current regulations, requirements and laws related to utilities and locates. The following are the most common utilities having facilities in and around the City of Denton. Other facilities may be present and each site shall be thoroughly researched prior to any work beginning. If a representative from any other utility is required to be onsite during excavation, the Contractor shall notify DME Crew Foreman/Contractor Coordinator.

Utility CompanyType of Service

VerizonTelephone

Charter CommunicationsCable Television

Oncor (TXU)Electric, Gas

Co-ServElectric, Gas, Communications

City of DentonSewer, Water

DMEElectric, Gas, Communications

6.CREW COORDINATION

The contractor will be required to coordinate construction activities with other organizations performing work in the same project areas. Such coordination shall not entitle the contractor to any claims or additional compensation. Some work may be required on weekends and holidays to coordinate with other organizations. Payment will be made based only on unit cost for all construction.

7.CUSTOMERS PROPERTY

Contactor shall be responsible for damage to customer’s property and damage to other utilities (i.e. water, electric, gas, cable, phone, and sewer) and any other facilities that are damaged due to contactor negligence. Contactor shall leave work areas in acceptable condition (i.e. landscaping, fence etc. shall be restored).

8.PROPERTY LINES AND MONUMENTS

The contractor shall protect all property corners makers, and when any such marker or monuments are in danger of being disturbed, they shall be properly referenced and if disturbed shall be reset at the expense of the contractor.

9.EXISTING STRUCTURES

The plans show the locations of all known surface and subsurface structures. However, DME assumes no responsibility for failure to show any of these structures on the plans, or to show them in their exact location. It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever, unless the obstruction encountered is such as to necessitate unusual changes in the lines or grades, or requires the building of special work, provisions for which are not made in the plans and proposal, in which case the provisions in these specifications for extrawork shall apply.

10.JOINT TRENCHES

Should DME elect to allow another utility to go joint in a DME trench then all associated trench costs shall be divided equally among the utilities allowed in the ditch. Water, Gas or Sewer will not be allowed to be in a joint trench with DME. Other utilities such as telephone or cable tv shall install their facilities in a conduit system above DME according to DME's drawing and ensure that all National Electrical Safety Code clearances are utilized during the installation. Electric Warning tape shall be installed in the trench according to DME's specifications. Any joint trench use shall be approved in writing by DME and all depths and distances shall be clearly marked on the As-Built drawing that will be entered as a permanent DME GIS record.

11.STAKING

DME or developer will provide trench and ditch staking for projects. The Contractor will be responsible for protection of the staking and will be billed if stakes have to be replaced as a result of the Contractor’s activities or negligence.

12.U.S. POSTAL MAIL BOXES

The Contractor shall be fully responsible for maintaining and protecting all existing U.S. Postal mailboxes during the construction period. Postal mail delivery must be maintained on a daily basis to the residents next to any construction under this contract. If areas with mailboxes are completely closed to traffic during construction activities, the mailboxes shall be relocated to a nearby street corner for temporary delivery service. The Contractor shall relocate the boxes working in cooperation with the Postal Director and the DME Crew Foreman/Contractor Coordinator. Following the completion of construction, the Contractor shall restore all postal boxes to the location behind the curb. Because of the legal significance of the postal delivery service, the Contractor shall consider this responsibility as a priority. Mailboxes shall be placed 42" above the ground and located directly behind the back of the curb. Both measurements shall be to the front lower face of the mailbox.

13.SAFETY

The Contractor, while working for DME, shall conduct all operations in a safe manner and in accordance with all state, federal, and city regulations.

As part of the proposal, a copy of the prospective vendor’s annual US Department of Labor OSHA 300 Logs that replaced the OSHA 200 Logs as of January 2002 and safety manual shall be included or made available upon request. Safety Manual shall include shoring and CPR training requirements and curriculum. Also, vendors must submit the Safety Record Questionnaire as included in this document.

DME reserves the right to inspect Contractor’s safety and training records prior to and after award of contract.

The Contractor shall immediately correct any unsafe conditions identified by the DME Crew Foreman/Contractor Coordinator. If the Contractor fails to immediately correct such unsafe conditions, the DME Crew Foreman/Contractor Coordinator may either have the unsafe conditions corrected by others at the Contractor's expense, or direct that the work be stopped immediately in the area of the unsafe condition.

14.ACCIDENTS

The Contractor shall report in writing to the Crew Foreman/Contractor Coordinator all accidents whatsoever arising out of, or in connections with the performance of the work, whether on, or adjacent to the site, which caused death, personal injury, or property damages, giving full details and statements of witnesses. In addition, if death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to the Crew Foreman/Contractor Coordinator.

If any claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Crew Foreman/Contractor Coordinator giving full details of the claim.

15.DRUG POLICY

The Contractor shall comply with all applicable regulations and drug and alcohol testing programs, including the Department of Transportation (DOT) and America with Disabilities Act (ADA). The Contactor shall adopt the drug and alcohol testing procedures and guidelines of the DOT.

It is the policy of the City of Denton to have zero-tolerance.

16.BARRICADES, LIGHTS, SIGNS, and TRAFFIC CONTROL

The Contractor shall furnish and erect such barricades, fences, flashers, signals, and signs, and other precautionary measures for the protection of persons and property as necessary to comply with all federal, state, and local regulations. The Contractor is responsible for compliance with these regulations without intervention from DME. Prior to commencement of work, Contractor’s Supervisor and Crew Foreman/Contractor Coordinator shall determine whether the barricade needs are excessive. If both agree they are then a price will be negotiated for this. No work will be allowed to begin prior to proper placement of all barricades, signs, and/or traffic controls. The DME Crew Foreman/Contractor Coordinator may order that work be stopped immediately if the barricading or traffic control is not properly set up. Failure of the Contractor to insure proper barricading, signage, and/or traffic control on a recurring basis may be considered a breach of contract.

This contractor shall provide a phone number, beeper number, or mobile phone number (or numbers) where a knowledgeable individual can be contacted, on a 24 hour basis, to repair barricades and/or signs that might be discovered to be inadequate, damaged, vandalized, and/or missing.

17.TRAFFIC

The Contractor shall conduct his work with as little interference to public travel, be it vehicular or pedestrian, as possible. Whenever it is necessary to cross, obstruct, or close roads, driveways, and/or walks, the Contractor shall, at his own expense, provide and maintain suitable and safe detours or other temporary expedients for the accommodation of public and private travel, be it vehicular or pedestrian. The Contractor shall also give reasonable notice to owners of private drives before interfering with access. The Contractor shall provide all notices required by city regulations.

18.ENERGIZED FACILITIES

Existing transmission lines, substations, distribution lines, utility lines, communication lines, and other power and signal service lines may be encountered on work sites. These service systems will generally remain energized and functional during construction. The contractor must have a licensed utility/class A journeyman (as described in next section) present at all energized facilities.

The Contractor shall be completely responsible for the safety and protection of his personnel and the public on work sites in which energized facilities are encountered. Safety and protection methods shall include, but not be limited to: providing barriers, guard structures, insulating guards and sleeves, warning signs, and prevention of unauthorized access.

All work on or near energized conductors or equipment shall be coordinated through DME’s Crew Foreman/Contractor Coordinator or his representative.

19.LICENSED JOURNEYMAN

The contractor must have at least one licensed utility/class A journeyman on staff at all energized facilities. Proposals shall include the number of licensed journeyman and the number of employees on staff to determine the ratio for the best value proposal evaluation.

Proposals shall include copies of the certification for each licensed journeyman on staff. It is the responsibility of the contractor to notify the DMECrew Foreman/Contractor Coordinatorand Construction Superintendent of changes to certified employees within 5 business days in writing.

20.FEEDER TRIPS OR LOCKOUT

If feeder trips or lockout occurs on the Distribution or Substation electrical system during the construction of projects, the Contractor shall comply with and be subject to the responsible party.

• Contractor shall immediately notify theCrew Foreman/Contractor CoordinatorDispatch Superintendent 940-391-3109 or 940-349-7676 to inform of the feeder trip or lockout, and provide a detailed written explanation indicating the cause of the lockout, and the responsible party within 2 business days.

In all occurrences of feeder trips or lockouts, the Crew Foreman/Contractor Coordinator, or his designated representative will visit the work site, review work activities and interview the Contractor and the workers involved in the incident. A memo shall be prepared by the Contractor and addressed to the DMECrew Foreman/Contractor Coordinator and Dispatch Superintendent describing the work process leading up to the feeder interruption, the Contractor activities during the feeder lockout, and the activities of the crew to get the feeder back on-line. The DMECrew Foreman/Contractor Coordinator and Dispatch Superintendent memo shall state what caused the interruption and if the Contractor is at fault or has liability in the incident.

• In the event a feeder trip or lockout was caused by or attributable to the acts or omission of the Contractor, a letter from the Contractor’s management personnel (not field supervisor) shall be submitted to the City of Denton within two (2) business days explaining the circumstances of the feeder interruption, and the action and precautions to be taken in the future.

• In each instance of a feeder lockout or trip, the Contractor shall cooperate with the City during the City’s investigation of the lockout, which shall include making Contractor’s employees involved in the interruption available for interviews.

• Once the DME Crew Foreman/Contractor Coordinator and Dispatch Superintendent has determined that the feeder lockout was caused by or attributable to the acts or omission of the Contractor, the City may (in each case) elect to terminate the Contract and pursue its legal remedies or require the Contractor to pay liquidated damages in the amount equal to the summation of the following formula: [ Load of Feeder at the time of Lockout in KW] X [Active Residential Rate /kWH] X [Time Duration of Outage in hours] + DME Labor + Replacement Materials Cost + Equipment Rate for each occurrence. The City may, at its election deduct any liquidated damages from the amount of any approved invoices submitted by the Contractor.

In addition, Owner shall immediately suspend work in progress so that all parties to the Contract can meet to discuss the details of the project, such as what went wrong and what must be done to correct safety procedures in order for the Contract to be resumed.

21.INDEPENDENT CONTRACTOR

While engaged in carrying out and complying with the terms and conditions of this Contract, the Contractor is, and shall be, an Independent Contractor and shall not, with its acts or omissions, be deemed an officer, employee, or agent of the City. The Contractor shall not at any time or in any matter represent that it or any of it agents or employees, are in any manner agents or employees of the City.