general instructions & provisions · web view2020-01-22 · if bidder takes exception to any...

Pacific Gas and Electric Company

General Instructions & Provisions

Request for Proposal (RFP) #78657: Independent Evaluators for Energy Efficiency

Bid Event ScheduleRFP Schedule Date

RFP Distributed to Bidders 5/17/2018

Bidder’s Conference (via Webinar) 5/25/2018 10:30 AM -12:00PM PST

Intent to Bid Form 5/29/2018 by 4PM PST

Last Day to Submit Written Questions to PG&E 5/31/2018 by 4PM PST

PG&E Response to Bidder Questions 6/7/2018

RFP Responses Due 6/14/2018 by 4PM PST

PG&E Bid Event Coordinator

Michelle Cheng

The RFP Schedule is subject to change at PG&E’s sole discretion at any time. While PG&E will endeavor to notify Bidders of any schedule change, PG&E shall not be liable for any change in the schedule or for failing to provide notice of any change.

Table of Contents

1.0 INTRODUCTION............................................................................................................................ 3

2.0 PURPOSE OF REQUEST FOR PROPOSAL.................................................................................4

3.0 RFP STRUCTURE.......................................................................................................................... 5

4.0 SUBMITTAL INSTRUCTIONS.......................................................................................................5

5.0 PROCEDURES FOR RESPONDING.............................................................................................7

6.0 QUESTIONS AND REQUESTS FOR INFORMATION...................................................................8

7.0 BID PREPARATION.......................................................................................................................8

8.0 EVALUATION CRITERIA...............................................................................................................9

9.0 CONTRACT TERM......................................................................................................................... 9

10.0 RESERVATION OF RIGHTS..........................................................................................................9

11.0 SUPPLY CHAIN RESPONSIBILITY STATEMENT......................................................................10

12.0 SAFETY STATEMENT................................................................................................................. 11

13.0 ENVIRONMENTAL & SUSTAINABILITY STATEMENT..............................................................11

14.0 ETHICS AND COMPLIANCE STATEMENT................................................................................12

15.0 PROPRIETARY INFORMATION..................................................................................................12

16.0 PERFORMANCE SCORECARD..................................................................................................12

17.0 APPENDIX.................................................................................................................................... 12TRANSMITTAL LETTER..............................................................................................................13INJURY AND ILLNESS PREVENTION PROGRAM COMPLIANCE CERTIFICATE....................14EXCEPTION STATEMENT – SPECIFIC CONDITIONS...............................................................15EXCEPTION STATEMENT – GENERAL CONDITIONS..............................................................16

2 | P A G E C O N F I D E N T I A L

1.0 INTRODUCTION

In January 2018, the California Public Utilities Commission (CPUC or Commission) issued Decision 18-01-004, ordering Pacific Gas and Electric Company (PG&E) to issue solicitations for energy efficiency (EE) programs designed, proposed, and implemented by third-parties (3P). The Commission’s directive is for at least 60% of PG&E’s EE budget to be allocated to third-party programs by 2022. PG&E plans to conduct successive rounds of 3P solicitations through 2022, or until the 60% budget threshold is met. These 3P solicitations will occur in a two-stage processes by utilizing a Request for Abstracts (RFA), followed by a Requests for Proposal (RFP) targeting those parties selected in the RFA.

Decision 18-01-004 also ordered PG&E to establish an Energy Efficiency Procurement Review Group (EE PRG) and engage a pool of Independent Evaluators (IEs) with EE expertise to provide feedback during the two-stage 3P solicitation process. The IE’s roles will include, but is not limited to:

monitor the two-stage (RFA/RFP) 3P solicitation process from the inception through contract selection and execution;

provide consultation and support to EE PRG members; prepare reports on each stage of the 3P solicitation to present to the EE PRG; prepare specific reports on any 3P RFP solicitation and contract for $5 million or more and/or for a

contract term exceeding three years; file semi-annual reports on the overall 3P RFA/RFP solicitation process and conduct to the

Commission in the applicable EE rulemaking proceedings.

Pacific Gas and Electric Company BackgroundPG&E incorporated in California in 1905 and is one of the largest combination natural gas and electric utilities in the United States. Based in San Francisco, PG&E is a wholly owned subsidiary of PG&E Corporation. Approximately 20,000 employees carry out PG&E’s primary business—the transmission and delivery of energy. PG&E provides natural gas and electric service to approximately 16 million people throughout a 70,000-square-mile service area in Northern and Central California. PG&E’s customers include over 20,000 schools, 3,000 hospitals, 20,000 high-tech companies and 700 military facilities. PG&E’s service territory stretches from Eureka in the north to Bakersfield in the south, and from the Pacific Ocean in the west to the Sierra Nevada in the east. PG&E provides electricity to over 4.9 million customers and natural gas to over 3.9 million customers.

PG&E is committed to enhancing its supply base to include IE’s who can contribute to PG&E’s corporate values, including diversity, safety, environmental stewardship, and corporate integrity. This IE RFP evaluation process provides opportunities for successful bidder’s (each “Bidder”, and collectively, “Bidders”) to expand or newly establish their business with PG&E, and for PG&E to realize reductions in costs, both internal and external, while experiencing an enhanced commitment to its corporate values.


2.0 PURPOSE OF REQUEST FOR PROPOSAL

PG&E is seeking IE’s with EE expertise to monitor, evaluate, and report information during the 3P EE RFA/RFP solicitations further described in the Specific Conditions. PG&E’s primary objectives are to:

hire and maintain a sufficient pool of IEs with EE expertise; and, seek approval of the IE pool from the Director of the CPUC’s Energy Division.

PG&E is soliciting proposals from Bidders and encourages both new IEs and those IEs currently engaged with PG&E Energy Supply solicitations with sufficient EE expertise to submit a bid. PG&E will establish an IE pool of experts to assist in the RFA/RFP 3P solicitations that will encompass the entirety of the EE market and will include statewide EE programs involving the other investor owned utility (IOU) companies. Bidders are encouraged to demonstrate proficiency in multiple areas where they have significant experience. It is not expected a single Bidder possess expertise in all areas.

Residential programs Commercial programs Industrial programs Agricultural programs Programs with Public Entities

Workforce Education and Training programs Codes and Standards advocacy Development and introduction of Emerging Technologies Financing programs and investment structures

Bidder’s responses serve as the basis for any agreements and represent a firm offer by the Bidder to provide services to PG&E. In addition to Bidder’s responses being evaluated, PG&E may conduct negotiations with the Bidder to finalize agreements. This RFP may also involve a Multi-Step Bidding Process, which would require ongoing negotiations.

PG&E in selecting its IE pool to monitor the 3P RFA/RFP solicitations will consider the IE’s experience relative to the target segment of the solicitation, availability of the IE, and the IE’s quoted rates.

2.1 Conflict of Interest Questionnaire. To determine the ability of an IE to perform objectivity, fairness and services without bias, Bidders are required to submit a Conflict of Interest Questionnaire and Declaration Regarding Conflict of Interest.

2.2.1. Bidder’s are encouraged to include in their proposal a description of any measures, protocol’s, policies and/or any other actions Bidder may take or do to eliminate any conflicts or potential conflicts of interest while rendering their services.

2.2.2. PG&E shall in its sole discretion, determine whether any conflicts or potential conflicts of interest exist that will or may undermine or prejudice Bidder’s ability to render equitable services.

2.2.3. PG&E may issue a supplement to this RFP outlining additional Bidder requirements to prevent conflicts or potential conflicts of interest to enable safeguarding the fairness and neutrality in order for IE to perform the services.

2.2.4. Not filing out the Conflict of Interest Questionnaire will disqualify Bidder.


3.0 RFP STRUCTURE

This RFP is comprised of the following set of documents which can be downloaded from the “Download Documents” Tab of the Power Advocate Dashboard:

RFP General Instructions & Provisions: This document and exhibits provides a description of the RFP structure, process, schedule, and submittal instructions.

Specific Conditions: Specific contractual information pertaining to the technical requirements, including but not limited to Scope of Work, deliverables, conflicts of interest requirements, etc.

General Conditions: Standard legal terms and conditions of the contract.

RFP Questionnaire Form: This document contains a set of open-ended questions regarding the IE team composition, specific energy efficiency and competitive solicitation expertise, and conflicts of interest.

Bid Forms: Collection of standard forms to be completed and returned as part of Bidder’s proposal. These forms are listed below in Section 4.0 herein and in the Bid Response Checklist.

Reference the Bid Response Checklist for a list of all bid documents, their location, and when certain documents are due per the schedule on page one of these documents.

4.0 SUBMITTAL INSTRUCTIONS

Bidders are required to submit their proposal(s) in accordance with the instructions provided below. Unless authorized by the Bid Event Coordinator, Bidder’s Proposals shall be submitted electronically in Power Advocate by accessing and registering on the website via www.poweradvocate.com. Complete submittals will be a combination of uploaded documents and information directly entered in the Power Advocate platform. Reference the Bid Response Checklist for a list of all bid documents, their location, and specific instructions for submittal.

SUBMITTALS – Direct Data EntryThe following bid response elements require direct entry of data into Power Advocate.

Intent to Response/Bid: Bidder shall confirm the Intent to Bid on or before the “Intent to Bid Due Date” per the schedule on page one of these documents. Bidder should provide this information in Power Advocate under the “Commercial Data – Intent to Response/Bid” tab of the Power Advocate Dashboard.

General Information: Please identify your primary contact person for the RFP. Provide the contact person’s name, title, mailing address, phone number, emergency number (cell), fax number and e-mail address. Bidder shall also provide financial information of their firm. Bidder should provide this information in Power Advocate under the “Commercial Data – PGE General Questions” tab of the Power Advocate Dashboard.

Pricing/Rate Workbook: Bidder must complete all pricing/rate sheets and upload this information separately from your proposal in Power Advocate under the “Pricing Data – Pricing Section” tab of the Power Advocate Dashboard. Bidder must not provide additional pricing to supplement their proposal, and should only use the pricing sheet provided in the bid event.


http://www.poweradvocate.com/

Supply Chain Responsibility Questions: The purpose of the Supply Chain Responsibility questions is to assess bidder’s commitment to supplier diversity and ethical supply chain practices. Bidder should provide this information in Power Advocate under the “Commercial Data – PGE Supply Chain Responsibility Questions” tab of the Power Advocate Dashboard.

Please note that if you are the successful Bidder, the information that you provide in the Supplier Exhibit 1A Subcontracting/Small, Diverse Subcontracting Plan may form the basis of a Statement of Record, against which PG&E may conduct an audit or review to ensure compliance.

SUBMITTALS – Uploaded Documents: TechnicalThe following bid response elements are to be uploaded to the “Upload Documents – Technical” tab within Power Advocate. Please refer to the Bid Response Checklist for proper naming conventions for all uploaded documents.

RFP Questionnaire Form: Bidder must respond to all questions using the formatted WORD document provided and adhere to any length limitations specified with each response.

Resumes of Key Personnel: The Bidder must provide a resume or CV for each listed team member and key subcontractor. Append all resumes into a single PDF document.

Organizational Figure: Bidder must provide a 1-page figure in PDF format depicting the organizational structure and project management structure of their firm.

SUBMITTALS – Uploaded Documents: CommercialThe following bid response elements are to be uploaded to the “Upload Documents – Commercial” tab within Power Advocate. Please refer to the Bid Response Checklist for proper naming conventions for all uploaded documents.

Transmittal Letter: Bidder to provide one signed copy of the “Transmittal Letter” in PDF format. By signing the Transmittal Letter, Bidder agrees to be bound by all elements of its proposal if PG&E accepts such proposal; (e.g. by awarding a contract to Bidder). This form is to be signed by a person that has the authority to commit Bidder’s firm to a contract. The Transmittal Letter template can be found as an Appendix of this document.

Exception Statements: Bidder must complete, sign, and submit the Exception Statements (one for Specific Conditions and one for General Conditions) in PDF format. This form indicates whether Bidder takes exception to any term or condition. If the Bidder is taking no exceptions to the terms as provided, only the Exceptions Statements are required in the response. If the bidder is taking exceptions to the provided terms, Bidder must complete the Exceptions Statements and also provide a redline version of the Specific/General Conditions (WORD document with tracked-changes) document which includes the proposed new language and a justification for why the change is needed. Exceptions are strongly discouraged and may result in disqualification at the sole discretion of PG&E. The Exception Statements forms can be found as Appendices of this document.

Declaration of Conflicts of Interest: Bidder must complete and submit in PDF format of the form. This is to be filled out and signed by each potential IE; a minimum of one per firm is required. This form can be downloaded from the Power Advocate Commercial Tab.

Injury and Illness Prevention Compliance Certificate: In the performance of the Work Bidder must acknowledge that it has an effective Injury and Illness Prevention Program which meets the requirements of all applicable laws and regulations, including but not limited to Section 6401.7 of the California Labor Code. Bidder will ensure that any subcontractor hired to perform any portion of


the Work under a contract resulting from this RFP (if any) will also have an effective Injury and Illness Prevention Program. For documentation purposes, Bidder will provide an Injury and Illness Compliance Certificate signed by an employee authorized and responsible for administering such a program. The Injury and Illness Prevention Compliance Certificate can be found as an Appendix of this document.

Exhibit 1A Subcontracting/Small, Diverse Subcontracting Plan: Bidder must complete and submit in PDF format the Small, Diverse Subcontractor Record by filling out Exhibit 1A, identifying subcontractors used to help achieve PG&E’s diversity goals. This form can be found under the Appendix of the General Conditions.

Insurance Certificate: Bidder must provide a Certificate(s) of Insurance in PDF format detailing all of the relevant insurance policies that Bidder currently carries and each policy’s respective limit in accordance with the General Conditions provided in this RFP.

5.0 PROCEDURES FOR RESPONDING

PG&E uses a third-party web based software application named Power Advocate to administer sourcing events. Upon gaining access to Power Advocate, Bidder will be able to download the RFP and the associated attachments and materials.

Should Bidder have any questions about Power Advocate, please contact Power Advocate’s Customer Support at (857) 453-5800.

Bidder's Proposal is to be received no later than the due date (“Due Date”) included on the coversheet of this document, unless otherwise amended by the bid event coordinator. Proposals received after that time will not be accepted. All Proposals must be valid for a period of at least one-hundred twenty (120) days from the Due Date.


6.0 QUESTIONS AND REQUESTS FOR INFORMATION

If Bidder is in doubt as to the intent of any part of the RFP documents, the Bidder must notify the bid event coordinator within the Power Advocate site via the “Messaging” function.

Questions from Bidders are due no later than the date specified on the coversheet of this document (or unless otherwise amended by the bid event coordinator). Questions submitted after the question deadline may not be answered. Any and all responses to questions regarding this RFP will be transmitted to all Bidders. PG&E will not be responsible for any other explanations of the RFP documents.

Supply Chain Responsibility Assistance: If Bidder requires assistance in any diversity subcontracting efforts, send the request to the bid event coordinator asking that they forward the request to a PG&E Supply Chain Responsibility Representative.

Communication Protocol:Any attempt to communicate about this RFP with any other PG&E employees or consultants may result in Bidder’s Proposal being disqualified.

In addition, by submitting its Intent to Bid Form, Bidder agrees that it will not engage in communications with any other Bidder concerning any terms contained in Bidder's proposal unless explicitly authorized by PG&E. Bidder agrees not to engage in any activities in violation of State or Federal antitrust laws or other unlawful or unfair business practices in connection with the RFP (“Prohibited Communication Activities”). Notwithstanding the foregoing, Bidder may engage in communications with its advisors, counsel, experts or employees or subcontractors who will provide services in Bidder’s proposal. Bidder may also engage in communications with other Bidders submitting a Proposal in the RFP and their advisors (“Other Bidders”): (1) Other Bidders are under common ownership and control with Bidder; (2) Bidder and Other Bidders do not engage in Prohibited Communication Activities; and (3) in the event Bidder and Other Bidder share a common advisor, Bidder has, prior to sharing communications with such Other Bidder and the common advisor, provided PG&E with (a) notice of such Other Bidder and common advisor and (b) an attestation that Bidder has not and will not engage in Prohibited Communication Activities with either the Other Bidder or the common advisor.

7.0 BID PREPARATION

All costs or expenses incurred in preparing, modifying or submitting a proposal are the sole responsibility of the Bidder. Under no circumstances will PG&E be responsible for such costs and expenses, and Bidder agrees it will not seek any such costs and expenses from PG&E.

All proposals and any other materials submitted in response to this RFP will become the property of PG&E and may be returned only when requested by Bidder at PG&E's sole option and at Bidder’s expense.


WHILE PG&E STRIVES TO TREAT PROPOSALS AS CONFIDENTIAL INFORMATION, PG&E MAY BE REQUIRED TO PROVIDE BIDDERINFORMATION, INCLUDING PROPOSALS, TO REGULATORS, INCLUDING THE CALIFORNIA PUBLIC UTILITIES COMMISSION, UPON REQUEST. IN ADDITION, PG&E WILL NOT ASSUME ANY LIABILITY TO A BIDDER OR OTHER PARTY AS A RESULT OF ANY PUBLIC DISCLOSURE OF ANY PROPOSAL OR CONTRACT.

8.0 EVALUATION CRITERIA

Proposals submitted by Bidders will be reviewed and evaluated by a cross-functional team (“Team”). The Team may evaluate this bid based on criteria including, but not limited to, contractor’s experience and ability to perform the services, competitive price, acceptance of PG&E’s terms and conditions, completeness of the bid package, supply chain responsibility, and financial stability. These factors are not necessarily listed in order of importance. PG&E at its sole discretion may decide to use some or all of these factors.

PG&E may use a multi-step bidding process to select the successful Bidder(s). The first step will be an evaluation of each Bidder’s Proposal using the evaluation criteria described above. Those Bidders whose proposals which are technically acceptable and whose prices are competitive may be invited to participate in subsequent steps in the selection process. The subsequent steps may be used for a more in-depth review of each proposal, and may include the meeting(s) to discuss a detailed scope of work and interviews key candidate personnel. In addition, negotiations over Contract price and terms may take place.

9.0 CONTRACT TERM

Unless otherwise expressly stated, any contract(s) awarded pursuant to this RFP will be for a base term of three (3) years. In addition, PG&E shall have the unilateral option to extend the term on a year to year basis for a term not to exceed two (2) additional years and at the discretion of PG&E.

Any contract awarded pursuant to this RFP will be a non-exclusive contract and there will be no guarantee as to the volume of work. PG&E reserves the right to contract with other parties for the same services and performance of work being requested in this RFP.

10.0 RESERVATION OF RIGHTS

PG&E reserves the right to withdraw or modify this RFP at any time before responses are due. PG&E may accept or reject any or all responses, and may accept other than the lowest price proposal. PG&E will not be liable, by reason of such withdrawal or rejection, to any Bidder submitting a Proposal to this RFP. PG&E reserves the right to waive or modify requirements under this RFP, with or without notice to Bidders, in its sole discretion.


Bidders are required to provide accurate and complete responses to the RFP documents. Incomplete responses may be subject to disqualification in PG&E’s sole discretion. PG&E may reject any response that is conditional or incomplete, or which contains any deviations from the instructions provided in these “General Instructions and Provisions.

11.0 SUPPLY CHAIN RESPONSIBILITY STATEMENT

PG&E is committed to supply chain responsibility which includes supplier diversity, sustainability and ethical supply chain practices.

The Supplier Diversity Program, launched in 1981, aims to provide diverse suppliers with economic opportunities to supply products and services. The Supplier Sustainability Program, launched in 2007, encourages supplier responsibility, excellence and innovation.

Promoting an ethical supply chain means that Health and Safety, Labor Issues and Human Rights, Ethical Business Conduct and Conflicts of Interest are important considerations in supplier selection.

In order for PG&E to count small, diverse businesses towards its supplier diversity goals, and comply with state and federal reporting requirements, those businesses must obtain certification with the following agencies:

Small Business Certification for businesses that meet small businesses size standards for state and federal agencies; e.g. Small Business Administration and Department of General Services;

California Public Utilities Commission’s Supplier Clearinghouse for women- or minority-owned businesses);

Department of General Services for small businesses and service disabled veteran-owned businesses);

National Gay and Lesbian Chamber of Commerce (NGLCC) for Lesbian, Gay, Bisexual and Transgender-owned businesses.

Certification can also be obtained from one of the following CPUC Clearinghouse comparable agencies:

National Minority Supplier Development Council (NMSDC) or a regional affiliate Women’s Business Enterprise National Council (WBENC) or a regional affiliate Small Business Administration 8(a) National Gay and Lesbian Chamber of Commerce (NGLCC) for Lesbian, Gay, Bisexual and

Transgender-owned businesses.

Supply Chain Responsibility Bidder PlanIn addition to indicating the certifications held, Bidders should also describe their outreach efforts with small, diverse businesses along with other elements of their Supply Chain Responsibility program.


Bidders need to submit the Exhibit 1-A form indicating the small, diverse suppliers and the estimated amount the Bidder will pay for the work performed under the PG&E contract. If Bidder does not plan to subcontract, Bidder still must complete and submit the Exhibit 1-A form.

Successful Bidder(s) agree to make good faith efforts to assist PG&E in meeting its supplier diversity goals through the implementation of the subcontracting plan. Such good faith efforts will be measured through the performance provisions in the successful Bidder(s) Contract and/or any Contract Work Authorization under the applicable Contract.

The term subcontractor referred to in this plan applies to subcontractors that provide a service and sub suppliers that provide material, parts, assemblies or components.

As part of the Proposal, the Bidder agrees their good faith effort Subcontracting goal for this RFP, and subsequent Contract/Work Authorization, if selected for this MSA/project is: _______ for CPUC Clearinghouse certified businesses and _______ for registered Small Businesses. NOTE: The goal should match the percentage with certified small, diverse businesses listed on the Bidder’s Exhibit 1A form.

Set-asides, preferences, or quotas are not permitted in the administration of the Bidder’s Supply Chain Responsibility plan for PG&E.

The successful Bidder will agree to submit enrollment form and utilize PG&E’s Supplier Diversity Management System (SDMS) for on-line reporting of spend with small, diverse suppliers as specified by PG&E, at the following site: https://cvmas10.cvmsolutions.com/pge/default.asp

12.0 SAFETY STATEMENT

PG&E is committed to maintaining, promoting, and improving employee, contractor, and public safety and health, and we expect companies interested in performing services for PG&E to do the same. PG&E’s Contractor Safety Program establishes the minimum safety requirements for all PG&E contractors and subcontractors performing Work on PG&E assets and property. All contractors and subcontractors performing Work on PG&E assets are obligated to comply with the requirements of PG&E’s Contractor Safety Program, which can be found at: http://www.pge.com/contractorsafety/

13.0 ENVIRONMENTAL & SUSTAINABILITY STATEMENT

PG&E’s corporate level commitment to being an environmental leader and champion of social responsibility is demonstrated by our track record in environmental conservation and enhancement, and in our sustainable business practices. Presently, about 25% of the company’s environmental footprint is represented by contractors and suppliers undertaking work for or on behalf of the company. PG&E therefore expects that any company providing services to PG&E is able to help uphold and maintain our leadership in these areas, and can demonstrate that all aspects of service conducted for or on behalf of PG&E are carried out in an environmentally and socially responsible manner.


http://www.pge.com/contractorsafety/

https://cvmas10.cvmsolutions.com/pge/default.asp

14.0 ETHICS AND COMPLIANCE STATEMENT

PG&E stresses the importance of integrity, honesty, professionalism and ethical business conduct to all of its employees and it contractors. PG&E expects that companies interested in providing services to PG&E will conduct business with the same emphasis on integrity, honesty, professionalism and ethical business conduct.

15.0 PROPRIETARY INFORMATION

This RFP and other data appended or related to it, are the property of PG&E and are delivered only for the purpose of enabling each potential Bidder to prepare and submit a Proposal in response thereto. The information contained or referred to in these specifications or appended to them is confidential and proprietary to PG&E and shall be returned to PG&E if requested by PG&E. Bidders shall not disclose or release any information contained in this RFP for any other use or purpose without the prior written approval by PG&E.

16.0 PERFORMANCE SCORECARD

Please note that the successful Bidder may be subject to a scorecard process, whereby Key Performance Indicators may be used to evaluate performance on a periodic basis.

17.0 APPENDIX

Continued on next page


TRANSMITTAL LETTER_______________________

(Date)

PROPOSAL FOR

____________________________________________________, hereinafter, “Bidder”.

(Bidder’s Company Name)

Michelle ChengSourcing Department Pacific Gas and Electric Company245 Market Street, N5DSan Francisco, CA 94105

Subject: PG&E Request for Proposal: RFP #78657 Independent Evaluator for Energy Efficiency

Dear Michelle Cheng:

The Undersigned, as an official authorized to solicit business and enter into a Contract on behalf of the Bidder and having carefully read and examined the RFP for the above designated services, does hereby propose to provide the services set forth in this Proposal and agrees to execute a Contract with PG&E to perform the Work set forth in the RFP and any applicable Contract Change Order. Project costs include all taxes incurred in the performance thereof. All prices stated herein are firm and shall not be subject to adjustment provided this Proposal is accepted within 120 days after the time set for receipt of proposals.

The undersigned understands that (a) PG&E reserves the right to reject any and all bids and to accept other than the lowest cost proposal; (b) any contract which may issue from this RFP shall not be an exclusive contract; and (c) ANY CONTRACT WHICH MAY ISSUE FROM THIS RFP shall not guarantee contractor any Work, nor shall there be any guarantee as to the volume or duration of Work.

The undersigned declares that Bidder has familiarized itself with the conditions affecting the Work. Further, the undersigned certifies and represents that Bidder has thoroughly reviewed the RFP and used it in preparing its proposal. Any misrepresentation of capabilities, skills, quality, historical performance, financial assets, safety record, or information from the Bidder may result in disqualification or termination of any contract issued as a result of this RFP, termination of any other contract Bidder has with PG&E and imposition of any other rights and remedies PG&E has under applicable law.

The undersigned hereby declares that only the persons or firms interested in the Proposal as principles are named herein, and that no other persons or firms that are herein mentioned have any interest in this Proposal or in the Contract to be entered into; that this Proposal is made without connection with any other person, company, or parties likewise submitting a bid or proposal; and that it is in all respects for and in good faith, without collusion or fraud.

_______________________

(Signature)

_____________________________________ ______________________________

(Printed or Typed) (Title)


INJURY AND ILLNESS PREVENTION PROGRAM COMPLIANCE CERTIFICATE

I, the undersigned of

(Title)

, hereby certify to PG&E as follows:

(Bidder Company Name)

1. That Bidder has an effective Injury and Illness Prevention Program which meets the requirements of all applicable laws and regulations, including but not limited to Section 6401.7 of the California Labor Code and that any subcontractor hired by Bidder to perform any portion of the Work (if awarded) has an effective Injury and Illness Prevention Program; and

2. That you are the person with the authority and responsibility for implementing and administering Bidder’s Injury and Illness Prevention Program.

IN WITNESS WHEREOF, the undersigned has executed this Compliance Certificate on .

(Date)

(Signature)

(Print Name)


EXCEPTION STATEMENT – SPECIFIC CONDITIONS

(Date)

PROPOSAL FOR:


If Bidder takes exception to any term or condition (Specific Conditions), each exception will be identified and detailed through a red-lined / marked-up document using the MS-Word “Track Changes” feature. All exceptions must include a reason for such exception and your firm’s proposed alternative language.

Does Bidder take exception to any term or condition?

Yes No

If Bidder has answered “No” to the above question, no Exception Sheet(s) needs to be completed. Further, if Bidder answered “No,” please read and sign the following statement:

If no exceptions are taken to the terms and conditions of the RFP and / or the Specific Conditions or the attachments thereto, Bidder’s authorized representative shall confirm acceptance of these same, as written, by entering his / her signature, title and the date, hereunder:

Signature of Bidder’s Authorized Representative

Title Date


EXCEPTION STATEMENT – GENERAL CONDITIONS

(Date)

PROPOSAL FOR:


If Bidder takes exception to any term or condition (General Conditions), each exception will be identified and detailed through a red-lined / marked-up document using the MS-Word “Track Changes” feature. All exceptions must include a reason for such exception and your firm’s proposed alternative language.

Does Bidder take exception to any term or condition?

Yes No

If Bidder has answered “No” to the above question, no Exception Sheet(s) needs to be completed. Further, if Bidder answered “No,” please read and sign the following statement:

If no exceptions are taken to the terms and conditions of the RFP and / or the General Conditions or the attachments thereto, Bidder’s authorized representative shall confirm acceptance of these same, as written, by entering his / her signature, title and the date, hereunder:

Signature of Bidder’s Authorized Representative

Title Date
