Electrical Contracting Terms and Conditions
Maintenance and Replace Response Time
- The Contractor shall establish a point of contact (name, phone number, and email address) for use by Future Energy in notifying the Contractor of necessary equipment maintenance or repair. The point of contact shall be available as specified in the Work Order throughout the Work Order(s) term. Initial telephone response to maintenance or repair calls shall be within the timeframe specified in the Work Order. If a site visit is needed to maintain or repair equipment, Contractor personnel shall arrive on site within the timeframes specified in the Work Order for emergency and nonemergency maintenance and repair.
- If equipment failure or damage is a result of the Contractor’s failure to perform or negligence in performing repairs, the Contractor shall provide repair or replacement at its expense or, if repaired or replaced at Future Energy expense, the Contractor shall reimburse Future Energy for all costs and losses attributable to the Contractor’s failure or negligence.
- In the event the Contractor fails to respond as required in the Work Order and in the event of emergencies, Future Energy may incur expenses to perform emergency repairs to Contractor-installed equipment as well as Future Energy equipment for which the Contractor assumed maintenance and repair responsibilities. The Contractor shall indemnify and hold Future Energy harmless in such cases where the Contractor fails to respond as specified in the Work Order for emergencies. The Contractor shall promptly reimburse Future Energy for all costs incurred in responding to such emergencies. Such reimbursement may include Future Energy adjusting the payment schedule, as necessary, to recover such costs.
Operations and Maintenance (O&M) Manuals
- The Contractor shall furnish O&M manuals and recommended spare parts lists for new equipment installed and modified Future Energy equipment. O&M plans and spare parts lists shall be submitted before Future Energy acceptance of the project, as specified in the Work Order.
Work Schedule Requirements
- Construction Schedules: The construction schedule shall show the order in which the Contractor proposes to perform the work and the dates on which the Contractor contemplates starting and completing all major milestones (including acquiring materials, equipment, permits, and inspections).
- The schedule shall be in the form of a progress chart of suitable scale to indicate the amount of work scheduled for completion by any given date during the installation period.
- The Contractor shall arrange its on-site work so that it will minimize interference with normal Future Energy business. At a minimum, the Contractor shall submit a monthly work schedule for Future Energy approval for all on-site work performed under the Work Order(s). In no event shall the Contractor change approved work schedules without the prior consent of the authorized Future Energy official.
- The Contractor shall perform the following required progress report activities, in accordance with the requirements of this RFP:
- Describe the post-construction conditions and the actions needed to determine post-construction objectives.
- Define its own project-specific Project Plan for the project. Determine a baseline schedule with principal milestones. The definition of all elements of the baseline will be agreed upon before the Work Order project works commence.
Post Construction Reporting
- The Contractor shall prepare and submit a post-construction report to Future Energy, in accordance with the progress report plan and the Work Order RFP. The post-construction report shall include photos, drawings, and progress report data and calculations. This report shall verify that performed work meets the required codes and standards and the scope specified in the issued Work Order.
- Each Work Order may include additional agency-specific and/or site- specific inspection requirements. The following general inspection requirements may apply if specified in a work order:
- The Contractor shall notify Future Energy no less than 15 working days in advance of equipment installation or works completion (or such other notice period as may be specified in a Work Order) by submitting a written request for inspection. The request shall identify the location, describe the installed equipment, and recommend inspection dates.
- Future Energy shall provide a written response to the Contractor of the scheduled date and time for agency inspection within 10 working days after receipt of the Contractor notification of equipment installation completion and request for inspection (or such other period as may be specified in Work Order).
- Future Energy and Contractor shall jointly inspect equipment to facilitate mutual agreement on satisfactory Work Order construction. As a result of the inspection, and if necessary, the authorized Future Energy official will approve a punch list of items to be resolved before the equipment is accepted. The punch list will be provided to the Contractor or, if provided by the Contractor, it will be reviewed and, if approved, notice of acceptance provided by the Future Energy within 5 working days after the inspection (or such other period as may be specified in Work Order). The Contractor will complete the punch list items within 20 working days and notify the Future Energy upon completion. During the time after the punch list is finalized, any additional punch list items identified will be handled as a post-acceptance warranty issue.
Quality Control Inspection Programs
- The Contractor shall be responsible for quality control during construction. The Contractor shall inspect and test all work performed during construction to ensure compliance with the Work Order(s) performance requirements. The Contractor shall maintain records of inspections and tests, including inspections and tests conducted by or for any non-federal organization, such as a utility or other regulatory agency. The Contractor shall prepare a Quality Control Inspection Plan for review and acceptance by Future Energy. Any changes to the Quality Control Inspection Plan shall be submitted for review and acceptance to Future Energy. The Quality Control Inspection Plan shall be prepared and submitted in accordance with the Work Order reporting requirements.
- The Quality Control Inspection Plan shall detail the procedures, instructions, and reports that ensure compliance with the Work Order and this MSA. This plan shall include, as a minimum:
- The quality control organization, in chart form, showing the relationship of the quality control organization to the Contractor’s organization.
- Names and qualifications of personnel in the quality control organization.
- Area of responsibility and authority of each individual in the quality control organization.
- A listing of outside organizations, such as testing laboratories, architects, and consulting engineers that will be employed by the Contractor, and a description of the services these firms will provide.
- Procedures for reviewing all shop drawings, samples, certificates, or other submittals, including the names of the persons authorized to sign the submittals for the Contractor.
- An inspection schedule, keyed to the installation schedule, indicating necessary inspections and tests, the names of persons responsible for the inspections and tests, and the time schedule for each inspection and test.
- The procedures for documenting quality control operations, inspection, and testing, with a copy of all forms and reports to be used for this purpose. The Contractor shall include a status log listing all submittals required by the inspection plan and stating the action required by the Contractor or Future Energy. The Contractor shall also prepare and maintain a testing plan that shall contain a listing of all tests required by the Work Order and this MSA.
- The Quality Control Inspection Plan shall be submitted to Future Energy for review and approval as a separate stand-alone document at the same time as the required design and Construction Package, after issuance of the Work Order.
- Final quality control records shall be consolidated and provided to the authorized Future Energy official(s).
- Impacts on air quality (pollutants, noise level, and odors or fumes) and potable water use are examples of potential areas of concern at the project site. Any Work Order and related work shall comply with the National Environmental Policy Act (NEPA) and other applicable federal, State and local environmental protection regulations. The Work Order will identify specific known hazardous waste handling and storage requirements.
- Contractor shall comply with applicable federal, State and local laws and with the applicable regulations and standards regarding environmental protection. All environmental protection matters shall be coordinated with Future Energy. Authorized Future Energy officials may inspect any of the Contractor’s work areas on a no-notice basis during normal working hours to verify environmental compliance.
- The Contractor shall indemnify and hold Future Energy, and/or any person acting on behalf of Future Energy harmless for any and all liability, including attorneys’ fees and legal costs, resulting from the Contractor’s noncompliance or violation of any applicable federal, State or local law, regulation or standard regarding environmental protection. In the event that a regulatory agency assesses a monetary fine against Future Energy for violations caused by the Contractor’s actions or inaction, the Contractor shall immediately reimburse Future Energy for the amount of any fine and other related costs paid.
- The Contractor shall also clean up any oil spills, hazardous wastes, and hazardous materials resulting from the Contractor’s operations. The Contractor shall comply with the instructions of the Future Energy’s designated safety and health personnel to avoid conditions that create a nuisance, or which may be hazardous to the health of government or civilian personnel.
- Copies of the Material Safety Data Sheet (MSDS) of all chemical products to be used during the project, shall be evaluated, and approved by the Occupational Safety Health Office at Future Energy (Hazard Communication Section) and by the Substances and Wastes Management Department.
- All work shall be performed in compliance with the Best Management Practices established by the Clean Water Act (Section 112 and 121) to avoid impacts to water bodies. If impacts to water bodies cannot be avoided the Contractor is responsible to obtain the required permit and comply with the conditions set forth.
- The Contractor should have available, and close to the working area, the necessary equipment to control and pick-up any spills that could occur during the performance of the work required by the Contract. The equipment must include all the necessary materials for the garbage disposal. The contractor shall assure that all garbage is characterized before it is removed and properly disposed.
- All equipment to be used in the work area should be free of oil, transmission fluid or hydraulic fluid leakages. If the equipment develops a leakage during the work process, it should be repaired or replaced immediately.
- All chemical analysis shall be performed by a Future Energy’s approved laboratory that is included in Future Energy’s Material Management Division Supplier’s Register as a company that is qualified and evaluated to perform this type of work. The sampling and the disposal of waste material will be audited by the Substances and Waste Management Department.
- Temporary storage area of construction and disposal materials areas shall be identified before the commencement of the works and must be coordinated with Future Energy. These areas must be protected with dikes. In the absence of dikes, the Contractor shall prepare temporary areas with dikes to avoid materials exposure.
- Access to the working areas shall be identified before the commencement of the works and must be coordinated with Future Energy.
- The Contractor, upon completion each phase of the work, must leave all the work area clean, organized and free of contaminants. The Contractor must certify it by written. It is required that a copy of this certification be submitted with each invoice. The storage area for the removed equipment and parts must be appropriate to avoid contaminants dispersion to the ground and water.
- Copy of all environmental permits shall be available on site. Other copies shall be submitted to Future Energy. The contractor shall be responsible of any renewal of the permits before their expiration, due to delays in the work plan. Otherwise, the contractor will assume the responsibility to pay any type of fines.
- The contractor will be responsible for notifying immediately to Future Energy of any intervention, or any other action that may take a regulatory agency against the contractor or Future Energy.
- All the construction and disposal materials shall be covered to avoid rainfall exposure during the work activities. The Contractor shall dispose of all garbage generated because of this work, according to the Environmental regulations.
- The Contractor shall follow all the erosion and sedimentation controls, as the permit required, to avoid impact to water bodies.
- The Contractor shall perform all restoration and/or mitigation measures necessary to comply with the environmental agency’s requirements.
- The Contractor shall prepare all documentation necessary to support obtaining permits and endorsements to comply with all applicable federal, State, and local requirements prior to implementing affected works in the performance of a Work Order, as NEPA establish. The Contractor shall not receive a notice to proceed from Future Energy until all applicable environmental protection requirements contained in this MSA and the Work Order have been satisfied. All environmental permits, terms and conditions must be strictly followed and implemented immediately through until completion of the project.
- Partial Project Acceptance: After the Contractor notifies Future Energy that punch list items have been completed, Future Energy will review the notification and, if approved, provide a notice of acceptance within 5 working days after the inspection (or such other period as may be specified in the Work Order). Future Energy may agree to pay the Contractor for accepted finish work, as specified in the Work Order documents.
- Full Project Acceptance: Future Energy will notify the Contractor in writing of full project acceptance, which will constitute the start of the post-acceptance performance period and commencement of post-acceptance Contractor payments. Future Energy acceptance, for purposes of payment, occurs when the following are completed:
- Acceptance by Future Energy of Contractor’s Work Order Commissioning Report;
- The project inspection is conducted; and
- Submission of additional Work Order requirements prior to acceptance:
- Preventive maintenance work procedures
- O&M manuals and spare parts lists
- As Built Drawings (Record Drawings)
- Prior to the awarding of a Work Order, Future Energy and Contractor shall mutually agree on the anticipated schedule for the Contractor report submittals and the duration for Future Energy review for acceptance. This schedule shall then be incorporated into the TO.
ERRORS AND OMISSIONS IN PROPOSAL’S, AGREEMENT’S AND WORK ORDERS
- Future Energy reserves the right to reject a proposal that contains a non-minor error or omission. Future Energy also reserves the right to request corrections of any minor errors or omissions and or to request any clarification or additional information from any or all Proponents opening up clarifications for all Proponents. The determination of a non-minor or minor error or omission will be at the sole discretion of the RFP Evaluation Committee.
Rejection of Proposals; Cancellations of RFPs; Waiver of Informalities and withdrawal of Proposals
- Issuances of RFP’s, MSA’s, Subcontractor agreements or Work Orders does not constitute a commitment by Future Energy to award an MSA. Future Energy reserves the right to accept or reject, in whole or in part, and without further explanation, any or all proposals submitted and/or cancel this solicitation and reissue this RFP or another version of it.
Future Energy reserves the right to waive any informalities and/or irregularities in proposals, agreements or work orders.
OWNERSHIP OF PROPOSAL
- All materials submitted in response to this RFP shall become the property of Future Energy. Selection or rejection of a proposal does not affect this provision.
COST OF PREPARING PROPOSALS
- All costs associated with the response to proposals are the sole responsibility of the Proponent.
As-Built Drawings (Record Drawings)
- After completion of installation and prior to acceptance of the constructed system, the Contractor shall submit as-built drawings to Future Energy in accordance with Future Energy standards or specifications identified in the Work Order.