meco-rotterdam #10 conductor clearance refurbishment

Meco-Rotterdam #10 Conductor Clearance

Refurbishment Project

Contract Agreement

Contract between Niagara Mohawk Power Corporation d/b/a National Grid and Northline

Utilities, LLC for The Meco-Rotterdam #10 Conductor Clearance Refurbishment Project

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December 8, 2015

15 School Lane, Suite 200

Au Sable Forks, NY 12912

Phone: (518) 647-8198

Fax: (518) 647-5457

Attention: James C. Atkins, President

Subject: The Meco-Rotterdam #10 115kV CCR Project

Contract #: 4400005642 & Funding Number C048678

Dear Mr. Atkins,

Pursuant to the procurement authorized Letter of Intent, awarding the Meco-Rotterdam #10

Conductor Clearance Project, to you, Northline Utilities, LLC, are the contract agreement

documents for execution by an authorized representative of Northline Utilities, LLC. An original

copy of each invoice is to be forwarded to the “Bill to” address as listed in each Purchase Order

and to the attention of the Owner’s Project Manager, (Ken Gavurnik) referencing the current,

invoice matched Purchase Order Number, SAP Contract # 4400005642 to: 40 Sylvan Rd,

Waltham, MA, 02451,

I may be contacted at 781.907.4027 or [email protected] should there be any

questions regarding these documents. Your prompt execution and return of the noted documents

will be appreciated.

Best Regards,

Kayla Rice

Electric Construction Substation | Buyer Enclosures

pc: PO File

Don Schaefer Kayla Rice PM Ken Gavurnik

mailto:[email protected]



3

Contract Agreement

Between

Niagara Mohawk Power Corporation (d/b/a National Grid)

And

To provide

Materials, Equipment & Construction Services

For the

Meco-Rotterdam #10 Conductor Clearance

Refurbishment Project

Contract # 4400005642



4

December 8, 2015

TABLE OF CONTENTS

AGREEMENT

Article 1: Scope of Work

Article 2: Contract Documents

Article 3: Schedule

Article 4: Contract Price

Article 5: Invoicing/Payments

Article 6: Notices

Article 7: Term of Agreement

Article 8: Entire Agreement

CONTRACT DOCUMENTS

Exhibit A: Scope of Work / Design Packages

Exhibit B: Pricing Summary & Bid Response Workbook

Exhibit C: Contractor Safety Requirements

Exhibit D: Environmental Guidance & Permitting

Exhibit E: Security & Background Checks

Exhibit F: Supplier Code of Conduct

Exhibit G: Work Approach, Project Schedule, Assumptions and

Clarifications

Exhibit H: Certificate of Insurance

APPENDICIES

LOI: National Grid Letter of Intent dated 11/30/2015

NDA: Signed Non-Disclosure Agreement

T&Cs: 0700 Terms and Conditions for Construction Rev. 13 Oct.2015



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AGREEMENT

This Agreement made and entered into on the date when signed by the party signing last in time,

by and between Niagara Mohawk Power Corporation d/b/a National Grid (herein referred to

as Owner), and Northline Utilities, LLC (herein referred to as Contractor), a New York Based

Electrical Contractor, having its principal place of business at 15 School Lane, Suite 200

Au Sable Forks, NY 12912, for the provision of materials, equipment, and construction services

for the Meco-Rotterdam #10 115kV Conductor Clearance Refurbishment Project and

general description of work identified as:

This agreement provides for the Contractor to deliver to the Owner: The focus of this project is to provide clearance improvements on the T5390 Meco – Rotterdam #10

115kV transmission line. The Meco - Rotterdam #10 Line is a 115kV transmission line located between

Meco 318 Substation in Johnstown, NY and Rotterdam 138 Substation in Rotterdam, NY, a distance of

approximately 32.5 circuit miles. The line is generally supported on dual-circuit steel flex towers and

square-based deadend towers, shared with the Stoner-Rotterdam #12 Line. The 3.75 mile section of the

#10 Line closest to Meco Substation is supported on single-circuit wood H-frame structures.

In order to increase the clearances of existing substandard spans, the scope of work is to: replace 13

existing double-circuit steel flex towers with new double-circuit wood 2-pole davit arm structures;

replace one (1) wood H-frame suspension structures in kind; install three (3) new double-circuit wood 2-

pole davit arm intermediate structures; and convert six conductors to floating deadends at one (1)

double-circuit tower.

The Scope of Work is meant to supplement the project drawings and other project-specific construction

documents provided in the project bid package. This documentation together with relevant National Grid

construction standards, specifications and procedures forms the basis of the contract binding the

Contractor to the successful completion of the project. All provided on the Ariba Event Doc628705508.

Conflicts between the Scope of Work and the project drawings were resolved by the Contractor prior to

submitting a bid. The Project Drawings shall supersede any discrepancies found within other scope

documentation.



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ARTICLE 1 - SCOPE OF WORK

The Contractor hereby agrees to meet all requirements of the full scope of work as defined in the

Contract Documents (see Exhibits) and the complete Request for Proposal Doc628705508 in

Ariba, inclusive of all Technical Specifications, Standards, Guidance, Notes, Addenda items,

Message Board Responses, and Clarifications, as well as documented correspondence and

written responses related to post bid Questions & Answers and negotiations.

ARTICLE 2 - CONTRACT DOCUMENTS

The following documents, including all attached schedules, appendices, exhibits or other

attachments thereto, are incorporated by reference as if fully set forth herein, and are hereinafter

referred to collectively and individually as the "Contract Documents" or the “Agreement":

Exhibit A: Scope of Work/Design Packages

Exhibit B: Pricing Summary & Bid Response Workbook

Exhibit C: Contractor Safety Requirements

Exhibit D: Environmental Guidance Procedures

Exhibit E: Security Background Check

Exhibit F: Supplier Code of Conduct

Exhibit G: Work Approach, Project Schedule, Assumptions and Clarifications

Exhibit H: Certificates of Insurance

Appendices:

NDA: Non-Disclosure Agreement

Terms & Conditions: 0700 Terms and Conditions for Construction Rev. 13 Oct.2015

Letter of Intent: National Grid Letter of Intent dated 11/30/2015



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ARTICLE 3 - SCHEDULE

The Contractor agrees to commence any Work to be performed under this Agreement at the time

specified by Owner, and to carry it on continuously with such diligence that the Work will be

completed on schedule. Any planned, contemplated, or unforeseen changes to project schedule

must be documented in detail by the Contractor, inclusive of all cascading effects, particularly

any change to the project end date. This information must be presented to and discussed with the

Owner and must be approved in writing by the Owner’s Project Manager Ken Gavurnik.

ARTICLE 4 - CONTRACT PRICE

The Contract Price is an agreed upon as the total Lump Sum Value of $

, for the Work on the Meco-Rotterdam #10 115kV Conductor Clearance

Refurbishment Project. Lump Sum value is based on the best and final Lump Sum Bid proposal

submitted by the Contractor. Contract price is inclusive of the full Scope of Work as identified in

Article 1. The contract price also includes the cost of a dedicated project Safety Representative. The

only change orders accepted will be the ones initiated by a change in Scope from National Grid.

ARTICLE 5 - INVOICING / PAYMENTS

The Contractor agrees to submit invoices as detailed herein. An original copy is to be forwarded

to the “Bill to” address referenced in the Purchase Order to the attention of the Owner’s Project

Manager including Purchase Order Number, SAP Contract # 4400005642, and Project Name &

Funding Number C048678. A “preliminary” invoice is to be e-mailed to the Project Manager for

review and to obtain the necessary PO Number information 5 days prior to mailing the invoice to

Accounts Payable.



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As per National Grid’s Terms and Conditions a 5% retainer will be held for each submitted

invoice until satisfactory completion of the Project. Invoices are to contain completed work with

itemized detail specific to work scope / units completed.

Invoices shall not include any Sales Tax assessment (see Terms and Conditions Payment and

Taxes Section).

Upon satisfactory completion of the project, including the close out of any “punch list” items and

submittal of a signed contractor’s lien release, releasing the Owner from all claims and liens by

the Contractor, their Suppliers, and Subcontractors, the Contractor will request written approval

from the Owner’s Project Manager to proceed with final invoicing. Upon receipt of this written

approval, the Contractor can proceed with invoice submittal to collect the remaining 10%

retainage.

ARTICLE 6 – NOTICES

Notices required or permitted under this Agreement shall be addressed to:

Contractor Owner

Northline Utilities LLC

Attn: James C. Atkins, President

15 School Lane, Ste. 200

Au Sable Forks, NY 12912

Ph: 518-647-8198

Email: [email protected]

National Grid

Kayla Rice | Global Procurement |

Buyer

nationalgrid | 40 Sylvan Road |

Waltham, MA 02451 | 781-907-4027

E-mail: [email protected]

and;

Ken Gavurnik | Lead Project

Manager

nationalgrid | 300 Erie Blvd W |

Syracuse, NY 13202 | 315.428.5347

E-mail:

[email protected]






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ARTICLE 7 - TERM OF AGREEMENT

The Term of this Agreement shall commence on the start of construction, and ending upon

completion of all applicable contract deliverables as approved by National Grid, and acceptance

of Final Invoice.

ARTICLE 8 - ENTIRE AGREEMENT

This Agreement, including all Contract Documents, constitutes the entire Agreement between

the Owner and the Contractor, with respect to the Work specified, and all previous

representations relative thereto, not included in this contract, either written or oral are hereby

annulled and superseded. No modification of any of the provisions of this Agreement shall be

binding unless committed to in writing and signed by a duly authorized representative of each

party hereto.

IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed by its

duly authorized representative on the day and year set forth below.

Contract between Niagara Mohawk Power Corporation d/b/a National Grid and Northline Utilities, LLC for The MeeD-Rotterdam #10 Conductor Clearance Refurbishment Project

Contractor:

Northllne Utilities, LLC

Name

Title

Date

PAUL-- Q (J(CL<..

I 7

P 1~E:c7{/ (f... oF

off.RA-rloA/ 5:.

Owner:

Niagara Mohawk Power Corporation d/b/a

National Grid

-Don Schaefer Name

Category Manager, Procurement Title

December 8, 2015

10



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The following applicable Scope of Work / Design Packages with supporting

documents are referenced and incorporated as part of this contract agreement and

are archived in the Ariba sourcing event Doc628705508:

Ariba RFP Section Section Title & Subsections

21 Specifications and Requirements Inclusive of

Sub-Section 21.1

Messages Inclusive of all Bidder Inquiries and Requests

for Clarification and all Replies Issued to all

Bidders

EXHIBIT A: SCOPE OF WORK / DESIGN PACKAGE



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EXHIBIT B: PRICE SUMMARY & BID

RESPONSE WORKBOOK

Description of work Unit of measure Qty Unit Price Labor/Hrs per unit Cumulative Price Labor Environmental CivilOverhead/per

diemInsurance *Risk Fuel Equipment

Replace 9 double - circuit flex steel tower

suspension structures with double - circuit

wood 2-pole davit arm suspension structures

per drawing D-40783. Per Structure 9 $ 166

Replace 4 double - circuit flex steel tower

suspension structures with double - circuit

wood 2-pole davit arm suspension structures

per drawing D-40782. Per Structure 4 $ 170

Replace one wood single circuit H-Frame

suspension structures per drawining D-40780 Per Structure 1 $ 120

Install 3 double - circuit wood 2-pole davit arm

intermediate suspension sructures per

drawing D-40782. Per Structure 3 $ 151

Convert all suspension phases (6) at one

structures to a floating deadend per drawing D-

40785. Per Structure 1 $ 132

$

Transmission Line Construction Contractor pricing template

nationalgrid | NG Procurement

Project Name: Meco - Rotterdam #10 115kV CCR Project

NG Procurement Buyer information: Kayla Rice

Date of Issuance to Contractors: 10/20/2015

Date Returned by Contractor

Project Narrative: The focus of this project is to provide clearance improvements on the Meco – Rotterdam #10 115kV transmission line. the scope of

work is to:

• replace 13 existing double-circuit steel flex towers with new double-circuit

wood 2-pole davit arm structures

• replace 1 wood H-frame suspension structure in kind

• install 3 new double-circuit wood 2-pole davit arm intermediate structures

• convert all phases of two circuits at one suspension structure to a floating deadend

Description of work broken down in sections by Article

Contractor Pricing Template | nationalgrid

Contractor Name: Northline Utilities

ARTICLE-1 | Structure Installation

Cumulative price

Total value | $$

LUMP SUM PRICE SUMMARY

ARTICLE-1 - Structure Installation

TOTAL PROJECT LUMP SUM PRICE

Major Cost Driver/s: Total Project Value % of project value

Total Labor

Total Equipment

Total Environmental

Erosion controls, (wet-land protection SWPPP mitigation, etc)

Swamp MattingCivil, (road building, stone aprons, etc)

Overheads, (per-diem's, lodging, etc)Project Risks / Contingencies

Fuel

Insurance

Description of work Unit of measure Qty Unit Price

Rock Coring - 6ft Diameter per ft 1 $

Rock Coring - 8ft Diameter per ft 1 $

Rock Coring - 36" Diameter per ft 1 $

for continuous outage work day 1 $

for daily outage work day 1 $

for continuous outage work day 1 $

for daily outage work day 1 $

Silt fence installation 50' N/A $

Hay and/or straw bale installation 50' N/A $

Stone Apron 16' x 20' EA 1 $

Seed & Mulch 50 sq ft N/A $

Swamp Mat (approx. 16'x4'x1') linear ft N/A $

Structure Work Pad sq ft N/A $

Grounding (out of scope situations)

Install up to Ground Rods at Structure,

Structure is a new install EA 1 $

Install 4 150 ft. strips counterpoise at

structure, Structure is a new install EA 1 $

Install up to 8 Ground Rods at Structure,

Structure is existing EA 1 $

Install 4 150 ft. strips counterpoise at

structure, Structure is existing EA 1 $

Notes

For Non-Outage DaysUnit cost for non-outage work shall NOT be applicable to adverse weather days when work would not take place regardless of outage situation

Non-outage days shall be applicable when Contractor is given notice of seven calendar days or less that outage will not be available as listed in applicable outage plan

If outage unavailability is expected to be for extended duration, Owner reserves the right to suspend work indefinitely; demobilization & mobilization charges shall be incurred as appropriate to stop & start work,

respectively; a new mutually agreed unit pricing scheme shall be negotiated if appropriate.

Environmental controls (out of scope situations)

MISC: ALTERNATIVE PRICING ITEMS

Non-outage day

Non-outage day when other "non-outage" work is available (as determined by Contractor &

Owner)

Non-outage day when other "non-outage" work is NOT available (as determined by

Contractor & Owner)



13

The following applicable Contractor Safety Requirements with supporting

documents are referenced and incorporated as part of this contract agreement and

are archived in the Ariba sourcing event Doc628705508:



Sub-Sections 20.1.1-20.1.3



Bidders

EXHIBIT C: CONTRACTOR SAFETY

REQUIREMENTS



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This Section includes the most current revision of National Grid Environmental

Procedure No. 6 Contracted Services. Also attached here as part of this contract are

other Environmental requirements including Environmental Guidance documents

included in the National Grid Environmental Documents Section 20 of the Ariba

RFP including Sub-Sections 20.2 thru 20.2.5.

EXHIBIT D: ENVIRONMENTAL GUIDANCE

PROCEDURES



15

The following applicable Security Background Checks with supporting documents

are referenced and incorporated as part of this contract agreement and are archived

in the Ariba sourcing event Doc628705508:



Sub-Sections 4.1-4.5



Bidders

EXHIBIT E: SECURITY BACKGROUND

CHECK



16

The following applicable Supplier Code of Conduct with supporting documents are

referenced and incorporated as part of this contract agreement and are archived in

the Ariba sourcing event Doc628705508:



Sub-Sections 5.1-5.2



Bidders

EXHIBIT F: SUPPLIER CODE OF CONDUCT



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EXHIBIT G: WORK APPROACH, PROJECT

SCHEDULE, ASSUMPTIONS AND CLARIFICATIONS



18

EXHIBIT H: CERTIFICATES OF INSURANCE



21

LETTER OF INTENT



19

NON DISCLOSURE AGREEMENT



20

The following applicable Terms and Conditions (700 Construction Terms and

Conditions rev Oct 13 2015) with supporting documents are referenced and

incorporated as part of this contract agreement and are archived in the Ariba

sourcing event Doc628705508:



Sub-Section 23.1



Bidders

TERMS AND CONDITIONS