REQUEST FOR PROPOSALS
FOR
INSTALLATION OF
UNDERGROUND INFRASTRUCTURE FACILITIES
REQUEST FOR PROPOSALS NO: 7000134248
ISSUED: October 8, 2015
PR # 10479799
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Table of Contents
Request for Proposals (RFP) Overview
Key Terms
Preparation
Minimum Qualification for Prospective Offerors
A.
B.
C.
D.
General
Qualifying Factors
Additional Information to be Submitted
Rejection of Proposal
Contract and Agreement
1. The Contract Documents
2. Statement of Work
3. Term
4. Consideration
5. Method of Payment
6. Payments
7. Withholding Payments
8. Acceptance of the Work and Final Payment
9. Local Conditions
10. Materials and Equipment To Be Furnished By CPS Energy
11. Materials and Equipment To Be Furnished By Contractor
12. Workmanship
13. Examination
14. Changes and Additional Work
15. Delays and Termination
16. CPS Energy’s Right to Carry Out the Work
17. CPS Energy’s Right of Termination
18. Patents and Royalties
19. Title
20. Indemnification
21. Protection of Person and Property
22. Insurance
23. Performance and Payment Bonds
24. Warranty
25. Permits and Licenses
26. Taxes
27. Independent Contractor
28. Compliance with Codes, Standards, Laws and Regulations
29. Settlement of Claims
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30. Emergency Protection
31. Management of Accidental Spills
32. Construction Waste/Debris Management
33. Recycling / Disposal of Excavated Material
34. Other Wastes
35. Contaminated Areas
36. Minimum Wage
37. Utilization of Small Business Concerns
38. Subcontractors
39. Subcontractor Responsibilities
40. Force Majeure
41. Notice
42. Waiver of Rights
43. Assignability
44. Right to Audit
45. Equal Employment Opportunity
46. Severability of Provisions
47. Performance of Contract and Choice of Law
48. Conflicts of Interest
49. Saturday, Sunday, Holiday and Night Work
Exhibit A – Minimum Insurance Requirements
Exhibit B – General Prevailing Wage Rates
Exhibit C – SPC-16 – Specifications for Installation of Underground Infrastructure Facilities
Exhibit D – Specifications for Ductlines, Ductbanks and Trenches
Exhibit E – Underground Secondary Enclosure Specifications
Exhibit F – Slab Specifications
Exhibit G – Manhole and Vault Specifications
Exhibit H – URD Splice Box Specifications
Exhibit I – Streetlight Foundation & Bollard Specifications and Streetlight Concrete Backfill
Drawings
Exhibit I-1 – Switchgear Slab Detail Drawings
Exhibit J – Unit Prices for Underground Infrastructure Facilities in Dirt
Exhibit J-1 – Unit Prices for Underground Infrastructure Facilities in Rock
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Exhibit J-2 – Boring Unit Price Schedule
Exhibit J-3 – Cost of Performance and Payment Bonds
Exhibit K – Unit Adjustment Prices for Underground Infrastructure Facilities in Dirt
Exhibit K-1 – Unit Adjustment Prices for Underground Infrastructure Facilities in Rock
Exhibit K-2 – Unit Cost Adjustment Prices for Underground Infrastructure Facilities
Exhibit L – Tree and Landscape Protection
Exhibit L-1 – Tree Pruning, Soil Amending and Fertilization
Exhibit L-2 – Oak Wilt Suppression Procedures
Exhibit M – Performance Bond
Exhibit N – Payment Bond
Exhibit O – Statement from Surety
Exhibit P – Final Payment Affidavit
Appendix A – Underground Contractor’s Inspection Report
Appendix B – Authorization for Field Revision
Appendix C – CPS Energy Covered Tasks Regulated by 49 CFR Part 192
Attachment A – CPS Energy Contractor DOT Compliance Documents
Attachment B – Contractor Employee Data Form
Attachment C – CPS Energy Business Questionnaire
Attachment D – CPS Energy Subcontracting Documents
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REQUEST FOR PROPOSALS (RFP) OVERVIEW
CPS Energy is interested in acquiring the services of a Contractor to perform Installation of
Underground Infrastructure Facilities (“Work”) at various locations within CPS Energy’s Service
Area, on an as-needed basis, as requested by CPS Energy, for a period of three (3) years. This
document provides specifications and requirements to serve as a guide to Offeror for use in
formulating their Proposals. CPS Energy is interested in a company whose equipment, primary
business concerns, professional qualifications, technical competence and specialized experience in
Installation of Underground Infrastructure Facilities indicate its ability and willingness to
satisfactorily perform this Work.
A MANDATORY pre-Proposal meeting will be held at the location, time, and date specified in the
Request for Proposals notice, at which time Offerors may discuss any questions pertaining to the
Specifications or other information covered in this Agreement. It shall be mandatory for the
Offeror to attend the entire pre-proposal meeting in order for its Proposal to be considered
responsive. There shall be no exceptions.
Offerors shall prepare and submit:

Two (2) identical sealed printed copies and

Two (2) identical electronic copies (flash drives) of their Proposal.
Each Proposal shall contain a complete copy of this document and required supplemental data.
Proposals that are not prepared and submitted in accordance with these instructions will be considered
irregular and may be rejected at the discretion of CPS Energy. Proposals shall be submitted in sealed
boxes or packages each endorsed on the outside with the Offeror’s name and the CPS Energy Request
for Proposal Name and Number.
Proposal deliveries are accepted from 7:00 am (CST) to 5:00 pm (CST).
Two (2) sets of sealed Proposals as described above will be sent, by the date and time stated in the
Request for Proposal correspondence, to:
Attention: Procurement Analyst, Karen T. Smith
CPS Energy
145 Navarro Street, Mail Drop: 110901
San Antonio, Texas, 78205, or
P.O. Box 2906, San Antonio, Texas 78299-2906
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Proposals shall be submitted in sealed envelopes or packaging, each endorsed on the outside with the
Offeror’s name, the CPS Energy Request for Proposal Number, and the title of the Project.
CPS Energy reserves not only the right to reject any and all Proposals and to waive minor formalities
and irregularities, but also the right to evaluate the Proposals to determine which, in its judgment,
represents the best value proposal for the Work requested. In evaluating Proposals, at CPS Energy’s
discretion, CPS Energy will give weight and importance to the evaluation criteria listed below which
are listed in order of importance:







Price
Qualifications and Experience of Company’s Own Personnel
Safety
Company Experience and Operational History
Compliance with Terms, Conditions and Specifications of this RFP
Economic Development
Financial Condition
CPS Energy will initially evaluate all Proposals based upon evaluation criteria found in the RFP or
as further clarified throughout the evaluation process. Based on CPS Energy’s initial evaluation of
Offeror Proposals, CPS Energy may make a final decision for award or may prepare a short list of
apparent qualified Offerors who will be asked to conduct initial presentations of the services offered
and demonstrations for discussion, evaluation, and clarification. Following this evaluation and
clarification, CPS Energy will select one or more potential Offerors as candidates for a contract
award. During this period, CPS Energy will enter into discussions and negotiations with each shortlisted, Offeror(s) after which each may be required to prepare a “Best and Final” offer to the Proposal.
From this offer, CPS Energy shall enter into a Contract with the Offeror (s) who, in CPS Energy's
sole opinion, provides the Best Value and the most benefit to CPS Energy.
During the solicitation period, Karen T. Smith shall be the sole contact for any inquiries from
Offerors. Any inquiries from Offerors shall be submitted in writing by electronic mail to Karen T.
Smith at KTSmith@cpsenergy.com. Offerors are prohibited from communicating with CPS Energy
staff (other than Karen T. Smith in the above-described manner), or Board Members regarding this
solicitation during the period in which submittals have been solicited or are being evaluated, with the
exception of pre-submittal meetings open to all Offerors or responses to questions posed during
interviews scheduled after responses are received and opened. Violation of this provision by Offerors
and/or their agents may lead to disqualification of Offeror’s submittal from consideration.
Offerors may be requested to give an on-site presentation of their qualifications and provide further
information of previous projects, if needed, to assist CPS Energy in the evaluation process of the
Offeror’s qualification submittals.
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It is agreed that the Contract between CPS Energy and the successful Offeror(s) shall not come
into existence until the actual signing of the Contract by both parties and issuance of a Purchase
Order.
Any action taken to award the Contract and Agreement by CPS Energy will be subject to approval by
the CPS Energy Board of Trustees and will not be final until such approval process has been
completed. No payment can be made for action taken or work started prior to the award of the
agreement.
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Key Terms
Term
Definition
Contract or Contract
Documents
Contractor
Means all documents enumerated under Section 1 in the Contract.
Contractor Employee
Means the employee of the Contractor that provides Work.
CPS Energy or
Owner
Means the City of San Antonio, acting through the City Public Service
Board of San Antonio, Texas, a Municipal Board of the City of San
Antonio, Texas, named and designated in the Contract as “Party of the
First Part,” and its duly authorized agents.
CPS Energy
Representatives
Shall include engineers, inspectors, examiners, checkers or other
representatives of CPS Energy, whether in direct employ of CPS Energy
or retained on a service basis.
Field Representative
Means the CPS Energy designee who shall examine the Work performed
for compliance with the Contract documents and who is in charge of
Project oversight and performance of the Work under this Contract.
Inspector
Means a CPS Energy employee or a contracted inspector representing the
Owner at the Project site, designated, appointed, or otherwise employed
or delegated by CPS Energy to be in charge of field administration and
field management of this Project.
Offerors
Means any person, firm, corporation, joint venture, or consortium
responding to the RFP or their authorized representatives.
Drawings
Specifications
Means the corporation, company, partnership, firm, or individual named
and designated in the Contract as the “Party of the Second Part,” who has
entered into this Contract for the performance of the Work covered
thereby, and its, his, hers, or their duly authorized representatives.
or Means all (a) Drawings/Specifications furnished by CPS Energy as a
basis for Proposals, (b) supplementary Drawings furnished by
CPS Energy to clarify and to define in greater detail the intent of the
Contract and Specifications, (c) Drawings submitted by the Contractor to
CPS Energy, and (d) Drawings/Specifications submitted by CPS Energy
to the Contractor during the progress of the Work as provided for herein.
Procurement Analyst
PR # 10474769
Means the CPS Energy employee that facilitates the Request for Proposal
process.
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Term
Definition
Subcontractor
Means and refer only to a corporation, partnership, or individual having a
direct contract with the Contractor to furnish installation labor, or labor
and materials, required for a particular segment of the Work.
The Work
Means the equipment, supplies, materials, labor and work to be provided
under the Contract and the carrying out of all obligations imposed by the
Contract Documents.
It shall be understood that the order, direction, requirement, permission,
or allowance of CPS Energy is intended only to the extent of judging
compliance with the terms of the Contract; none of these terms shall
imply CPS Energy has any authority or responsibility for supervision of
the Contractor's forces or construction operations, such supervision and
the sole responsibility therefore being strictly reserved for the
Contractor.
Whenever in these
Contract Documents
the words:
 as ordered
 as directed
 as required
 as permitted
 as allowed
or words or phrases of
like import are used,
Whenever in these
Contract Documents
the words:
Unless otherwise particularly specified herein, shall mean approved,
reasonable, suitable, acceptable, proper, or satisfactory in the judgment
of CPS Energy.
 approved
 reasonable
 suitable
 acceptable
 proper
 satisfactory
or words of like effect
and import
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Preparation
To expedite and simplify Proposal evaluation and to assure that each Proposal receives the same
orderly review; all Proposals shall adhere to the format and specifications described in this Section:
i.
All the elements of information specified must be included without exception.
ii.
Sections and pages shall be appropriately numbered and ordered.
iii.
A Table of Contents listing all sections, figures and tables must be included.
iv.
Labeled index tabs shall separate major sections and appendices.
v.
Microsoft Version Word Office 2003 or later needs to be used for the digital copy.
vi.
Quoted rates/fees will be assumed to include all Work requirements that are
outlined in Offeror’s Proposal unless otherwise specifically noted.
vii.
The name, title, address, telephone number and email address of the individual with
authority to contractually bind the Offeror.
viii.
Using identical Proposal forms as specified herein, the Proposal must be carefully
prepared and bound herewith.
ix.
Proposals shall define in detail any deviations from the RFP. All cost information,
exceptions, clarifications, and advantages shall be defined in detail. Any and all
variances or exceptions taken to the Contract Documents must be specifically
noted.
CPS Energy assumes no liability or responsibility for the costs incurred by the Offerors for
any materials, efforts or expenses required in the preparation of Proposals or in connection
with presentations or demonstrations prior to the issuance of a Contract.
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MINIMUM QUALIFICATIONS FOR PROSPECTIVE OFFERORS
A. GENERAL
A.1 Each Offeror shall submit information with its Proposal, of its ability to satisfactorily
perform the Work requested. Proposals not meeting the minimum qualifications are subject to
rejection. Failure to submit information requested below may be used, at the sole discretion of
CPS Energy, in determining whether the Offeror’s quotation is accepted or rejected.
A.2 CPS Energy reserves the right to make any and all of the requested information part of
the Contract Documents if the Offeror’s proposal is accepted. Any changes or substitutions shall
be made only with the written acceptance of CPS Energy and such change or substitution shall not
be cause for additional financial compensation nor shall it invalidate the Contract in any way.
B. QUALIFYING FACTORS
The following factors shall be considered to be the minimum qualifications for Offeror providing
a proposal to CPS Energy:
B.1 A description of the Offering firm’s operational history which reflects that the Offeror
has been actively engaged for a minimum of five (5) consecutive years as a contractor providing
installation of underground infrastructure facilities as defined in the specifications for this
Contract. Contractor shall provide information regarding the number of years of experience that
the Contractor has installing ductlines and manholes in heavily populated urban areas.
B.2 A minimum of three (3) references from companies for which Offeror has performed the
same or similar Work, as described in the plans and specifications of this Contract, within the last
five (5) years. The references must include the Company name, address, contact person’s name,
e-mail address and phone number. A brief description of the Work performed by the Offeror, as
a Contractor installing infrastructure facility for underground electric distribution applications,
must accompany each reference. Preference will be placed on Offerors who have continuously
been performing infrastructure installation for underground electric distribution systems for
electric utility companies for past three (3) consecutive years.
B.3 A list of Offeror’s last five (5) completed projects which are the same or similar to the
scope of Work for this Contract, include Company name, project name, and description of work
performed. Also include a description of the ability to meet the schedules for these projects.
B.4 Offeror shall provide a written statement outlining Offeror has experience and working
knowledge of the Texas Department of Transportation, City of San Antonio, Bexar County and
surrounding municipalities’ “Street Cut Policy(s)” and Ordinances, such as, but not limited to,
“Right-of-Way” and “Oak Wilt” for, at minimum, the past three (3) years.
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B.5 The Offeror shall provide its firm’s safety information as follows:
a. On NCCI letterhead annual statement of worker’s compensation Experience
Modification Rating (EMR) for the most recent three (3) years. Offeror’s with an
average rating of >1.30 will not be considered for award.
b. Provide the Year-To-Date OSHA Recordable Injury Rate (RIR) and the U.S.
Bureau of Labor Statistics (BLS) SIC Code RIR average for their industry.
c. The OSHA Citation History for the past three (3) Years. Offeror will not be
considered for award should history reflect any “Willful” OSHA citations.
Additionally, submit OSHA 300 & 300 (A) injury / illness logs for the past (3)
calendar years.
d. A statement of Offeror’s ability to provide a Safety Professional that: 1) has
completed the OSHA thirty (30) hour outreach training course; 2) will be located
within a 50 mile radius of the Work to be performed under this Agreement; and 3)
will be responsive to CPS Energy’s request for participation in safety events,
analysis and/or sessions.
C. ADDITIONAL INFORMATION TO BE SUBMITTED
The Offeror shall also submit the following information with its proposal:
C.1 A list of any citations, notices of violations, legal proceedings, or project terminations
that any Federal, State, or local regulatory authority, or agency (e.g. OSHA) or department, or
corporation or individual has issued to the firm in the past three (3) years; or any employee of the
firm, while that employee was performing work for the firm in the past three (3) years. If there
are no violations, Offeror shall provide a statement of such.
C.2 A list of names and addresses of all Subcontractors to be used, if any. Subcontractors
should be listed in Attachment D, “CPS Energy Subcontracting Documents.”
These
Subcontractors must meet the approval of CPS Energy prior to the execution of this Contract.
a. Offeror shall provide its subcontractors safety information, as stated in Section B.
titled, “Qualifying Factors,” Item B.5., sub-items a. through d. for all subcontractors
to be used, if any.
C.3 Up-to-date copy of their Safety Program/Manual. Safety Program/Manuals that have not
been updated to meet current OSHA standards within the last twelve (12) months are considered
out-of-date. (one example is that the new OSHA Hazard Communication Standard has various
compliance deadlines: The Hazard Communication Standard (HCS) (29 CFR 1910.1200(g)),
revised in 2012, requires that the chemical manufacturer, distributor, or importer provide Safety
Data Sheets (SDSs) (formerly MSDSs or Material Safety Data Sheets) for each hazardous
chemical to downstream users to communicate information on these hazards. The information
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contained in the SDS is largely the same as the MSDS, except now the SDSs are required to be
presented in a consistent user-friendly, 16-section format. For deadline dates please go to
www.OSHA.gov).
C.4 Offeror must provide information detailing its ability to provide work crews, including
the number of crews that can be provided, staffing numbers and job titles, as well as numbers and
types of vehicles per crew. The work-crew structure must specifically include those resources to
be shared by more than one job crew (working simultaneously, if necessary). The crews must be
fully trained and operational pursuant to the qualifications and requirements stated within these
Contract Documents.
C.5 Statements describing the prospective Supervisor’s or Foreman’s experience, including
a minimum of one (1) year of experience as a Foreman, General Foreman, or Supervisor installing
infrastructure facilities for underground electric distribution systems. References to previous work
experience must be verifiable. CPS Energy must approve all Supervisors and/or Foremen prior to
them working on any CPS Energy projects. The Offeror’s prospective Supervisor or Foreman
must be present on the job site at all times when Work is being performed, whether by Offeror’s
employees or by subcontractor employees. An individual’s qualifications to perform the specific
services requested will be considered. An individual’s past working relationship with CPS Energy
will also be considered.
C.6 Statements describing experience of Employees performing equipment-operating
functions, including proof of a minimum of two (2) years of experience as an Equipment Operator,
operating equipment under similar conditions. References to previous work experience must be
verifiable. CPS Energy must approve all Equipment Operators prior to their working on any
CPS Energy projects. An individual’s qualifications to perform the specific services requested
will be considered. An individual’s past working relationship with CPS Energy will also be
considered.
C.7 A letter of certification from a surety company to confirm that the Offeror is qualified to
execute a valid performance bond and a valid payment bond for the estimated value of up to
$13,000,000. The Contractor shall provide the cost of Performance and Payment Bonds in
Exhibit J-3.
C8 A description of all vehicles, equipment, and tools that will be used, as well as the routine
maintenance and test intervals for each vehicle, piece of equipment, or tool. All safety-related test
reports must be available upon CPS Energy’s request. All vehicles must be clearly marked with
the company name, logo, and telephone number.
C.9 Two (2) completed copies of Exhibits J, J-1, J-3, K, K-1 and K-2. Ductbank pricing shall
be based on using 2000-psi pea-gravel concrete for concrete encasement; however, in joint-trench
installations, all non-CPS Energy conduits, which shall be located at the top of the ductbank(s),
shall be encased in flowable fill.
a. Unit prices for Exhibit J shall be based on the installation of underground
infrastructure facilities in dirt and/or rocky soil conditions. For the purposes of this
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Contract, these conditions will be defined as soil conditions that can be excavated
by hand or backhoe in order to achieve specified trench dimensions.
b. Unit prices for Exhibit J-1 shall be based on solid rock soil conditions that cannot
be excavated by hand or by backhoe in order to achieve specified trench
dimensions.
c. Unit prices for Boring shall be submitted in Exhibit J-2.
d. CPS Energy requires that the Contractor also submit unit adjustment prices per
Exhibits K, K-1 and K-2 for compensation associated with field alterations and/or
modifications.
i.
Exhibit K shall be used for dirt and rocky soil conditions.
ii. Exhibit K-1 shall be used for solid rock conditions.
iii. Exhibit K-2 shall be used to submit pricing for additional cost
adjustments.
C.10 A written statement indicating Contractor submits to DOT Compliance Language. Only
after the selected Offeror has been awarded a Contract by CPS Energy, shall it provide to the
National Compliance Management Services (NCMS), upon request from the CPS Energy Human
Resources Compliance Department or NCMS, a completed and signed Contractor DOT
Compliance Document form, attached hereto as Attachment A, for ensuring compliance with the
regulations promulgated by the Department of Transportation (DOT), Pipeline and Hazardous
Material Safety Administration (PHMSA), which relates to the illegal use of alcohol and controlled
substances.
C.11 A completed CPS Energy Business Questionnaire, attached as Attachment C, with their
Proposal only if their business classification is expired or not listed within the CPS Energy’s
supplier database.
If Offeror has provided goods or performed services for CPS Energy in the two (2) years preceding
the Proposal due date and completed a Business Questionnaire at that time, Offeror shall access
the Supplier Classification List to determine whether Offeror’s business classification is current or
needs updating. Business Questionnaires shall only be considered valid for two (2) years from
classification date and must be updated with a new Business Questionnaire beyond such 2 year
period. The Business Questionnaire assists CPS Energy, who is a federal contractor for reporting
its contracting activity to the federal government, in identifying an Offeror’s business, if
applicable, as 1) Local, 2) Small, and/or 3) Diverse in accordance with the definitions/descriptions
below:
Local - Any business located in the San Antonio eight-county metropolitan area as
defined by the Office of Management and Budget (OMB). The metropolitan area is
colloquially referred to as "Greater San Antonio" and is situated in South-Central
Texas. The counties included are Atascosa, Bandera, Bexar, Comal, Guadalupe,
Kendall, Medina, and Wilson Counties.
Small - A business that does not exceed the Small Business Administration's size
standards, which vary by work category. Information about each category and size
standard can be located by going to http://www.sba.gov/size/indextableofsize.html
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Diverse - Any Businesses which meets one of the following classifications, Women,
Minority, Veteran, Historically Underutilized Business (HUB) Zone, or Servicedisabled Veteran.
C.12 Provide a copy of the firm’s last fiscal year’s financial statements (audited preferred),
and the most recent quarter’s financial statements. Financial statements should include the balance
sheet, income statement, cash flow statement, statement of shareholder equity and comprehensive
income, and all related notes. Company and industry information will be evaluated using financial
information that may be provided and/or obtained from Dun & Bradstreet and similar financial
information providers.
C.13 If CPS Energy desires for the selected Offeror to have unescorted access to CPS Energy
facilities, the successful Offeror shall be required to provide the designated field representative the
Contractor Employee Data Form, included as Attachment B, for each employee prior to the
Contractor initiating the Work. Unless an exception is authorized by the CPS Energy Chief
Compliance Officer, CPS Energy shall conduct the required background check. Any Offeror’s
employee whose background check results indicate a failure to meet the minimum
requirements established by CPS Energy shall not be assigned to perform Work for
CPS Energy.
C.14 Any exception to the specifications, requirements or the terms and conditions of this
Contract must be clearly acknowledged and then inserted in tracked-change (red-lined) MS
Word format within the electronic copy of the CPS Energy Contract and Agreement
provided to Offeror. Electronic document containing exceptions must accompany the
Proposal within the required CD or Flash Drive RFP submission. If there are no exceptions,
the words “NO EXCEPTIONS” must be stated.
C.15 Any other documents as required in this proposal.
D. REJECTION OF PROPOSAL
Failure to submit information detailed in B. QUALIFYING FACTORS and C. ADDITIONAL
INFORMATION TO BE SUBMITTED, may be used, at the sole discretion of CPS Energy, in
determining whether the Offeror’s proposal is accepted or rejected.
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CONSTRUCTION CONTRACT
This Agreement, made and entered into this, the
day of
in the year 2015, by
and between and the City of San Antonio, acting by and through City Public Service Board,
hereinafter referred to as “CPS Energy.”, and <Supplier Name> having its principal place of
business at <mailing address of Supplier>, termed in this Agreement and Contract Documents as
“Contractor.”
Witnesseth, the parties hereto do mutually agree as follows:
1.
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, CPS Energy’s Request For Proposal, the
Contractor’s Proposal, and any referenced Drawings, Specifications and all Addenda issued prior
to and all modifications issued after execution of this Agreement. These form the Contract and all
are as fully a part of the Contract as if attached to this Agreement repeated herein.
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit I-1
Exhibit J
Exhibit J-1
Exhibit J-2
Exhibit J-3
Exhibit K
Exhibit K-1
Exhibit K-2
Exhibit L
Exhibit L-1
Exhibit L-2
Exhibit M
PR # 10479799
Minimum Insurance Requirements
General Prevailing Wage Rates
SPC-16, Specifications for Installation of Underground Infrastructure
Facilities
CPS Energy Specifications for Ductlines, Ductbanks and Trenches
Underground Secondary Enclosures Specifications
Slab Specifications
Manhole and Vault Specifications
URD Splice-Box Specifications
Streetlight Foundation and Bollard Specifications and Streetlight
Concrete Backfill Drawings
Switchgear Slab Detail Drawings
Unit Prices for Underground Infrastructure Facilities in Dirt
Unit Prices for Underground Infrastructure Facilities in Rock
Boring Unit Price Schedule
Cost of Performance and Payment Bonds
Unit Adjustment Prices for Underground Infrastructure Facilities in
Dirt
Unit Adjustment Prices for Underground Infrastructure Facilities in
Rock
Unit Adjustment Prices for Underground Infrastructure Facilities
Tree and Landscape Protection
Tree-Pruning, Soil-Amending and Fertilization
Oak Wilt Suppression Procedures
Statutory Performance Bond Pursuant To VERNONS TEXAS
GOVERNMENT CODE ANN. TITLE 10, Chapter 2253,
Subchapter 2253.021
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Exhibit N
Exhibit O
Exhibit P
Appendix A
Appendix B
Appendix C
Attachment A
Attachment B
2.
Statutory Payment Bond Pursuant To VERNONS TEXAS
GOVERNMENT CODE ANN. TITLE 10, Chapter 2253,
Subchapter 2253.021
Statement from Surety
Final Payment Affidavit
Underground Contractor’s Inspection Report
Authorization for Field Revision Form
Covered Tasks Regulated by 49 CFR Part 192
CPS Energy Contractor DOT Compliance Documents
Contractor Employee Data Form
STATEMENT OF WORK
2.1
Contractor may be assigned projects any time during the Contract period. Work
locations may be anywhere in San Antonio and surrounding CPS Energy Service Area. The
Contractor shall become thoroughly familiar with the engineered drawings for each assigned
project. The engineered drawings should be relied upon to show the extent of all Work assigned
for that specific project. CPS Energy may include a Statement of Work and the expected project
completion schedule that the Contractor shall meet.
2.2
It is specifically understood and acknowledged by the Contractor(s) that
CPS Energy does not intend to guarantee any minimum or maximum amount of Work.
2.3
Contractor shall (except as otherwise provided for in this Scope of Work and the
Specifications furnish all labor, tools, supplies and equipment for the installation of infrastructure
facilities for CPS Energy’s underground electric distribution systems. Contractor shall perform
trenching, excavating, directional boring, trench and asphalt restoration; installation of ductlines,
conduits, spacers, streetlight foundations, manholes, vaults, concrete slabs, splice pits, ground rods,
secondary enclosures and other associated Work. Contractor shall fill out inspection sheets
provided by CPS Energy and submit them to the designated CPS Energy Field Representative at the
end of each month. Contractor shall submit three (3) copies of as-built drawings within two weeks
of field completion for each project.
2.4
The Contractor will be paid the unit prices established in Exhibit J and J-1. In the
event of any dispute regarding the classification of site soil conditions for payment purposes, the
CPS Energy Field Representative will make the final decision as to the appropriate Unit pricing
schedule that shall apply.
2.5
All field alterations, revisions to original construction drawings, and/or any other
adjustments will be compensated based on the Contractor’s rates submitted in Exhibits K, K-1 and
K-2.
2.6
All Work shall be coordinated with the CPS Energy Field Representative, whose
information will be provided upon award of the Contract. The Contractor’s Supervisor or
Foreman must be present on the job site at all times when Work is being performed, whether
by Contractor’s employees or by subcontractor employees.
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2.7
Contractor understands and agrees that when Work is requested by CPS Energy, it
shall provide fully trained and operational crews (manpower and equipment capable of working
on several jobs issued simultaneously) to perform the Work within the estimated timeframe
established by CPS Energy for completion of the project(s). The Contractor will then have three
(3) working days from receipt of the release to work out any construction discrepancies with the
Field Representative. If there is no written response by the Contractor within three (3) days, the
Contractor will assume responsibility for the project and shall commence Work. Contractor will
make the necessary arrangements to pick up all associated paperwork necessary to complete the
project(s).
2.8
All questions regarding staking or routes of conduit or placement of facilities will
be coordinated with the CPS Energy Field Representative, _________________, who may be
reached at (210) 353-_______. (Will be provided upon award of the Contract.)
2.9
Contractor will make a reasonable effort to locate property pins and will be
responsible for providing crews with property-pin locators. The Contractor will not make, nor will
he be entitled, to any compensation for making changes to the project without the approval of the
CPS Energy Field Representative and the CPS Energy Underground Distribution Engineering
Department based on receipt of a properly approved Authorization for Field Revision Form,
attached herein as Appendix B. Contractor is responsible for correctly completing and providing
copies of all required paperwork (material requisitions, material returns, credit documentations,
inspection report sheets, as-built drawings, etc.) associated with the projects and for turning in the
job package to the Field Representative within two (2) weeks of project completion. If there is a
delay in submitting correctly completed project packages for more than sixty (60) calendar days,
all payments applied towards that purchase order will be withheld until the correctly completed
project packages have been turned in, in accordance with Section 7, “Withholding Payments.”
2.10 The above information is intended to give a general definition of the Scope of the
Work and shall not be construed to be an itemized listing of each element of Work required. The
Contractor shall be responsible for the construction of complete facilities, conforming in all
respects to the details and requirements of the Specifications and Drawings and all other
Contract Documents stated herein.
3.
TERM
3.1
The Work to be provided under this Agreement shall be for a period of three (3)
years beginning on January 1, 2016 and ending on December 31, 2018.
3.2
Contractor agrees to begin the performance of all Work issued by the CPS Energy
Field Representative no later than five (5) business days after Work is issued, and to complete the
same in a good and workmanlike manner in accordance with all the terms and provisions hereof,
including all Contract Documents, by the dates specified by CPS Energy Field Representative
SAVE AND EXCEPT that completion by the parties hereto may be delayed beyond said
completion date through any cause beyond the control of Contractor, in which event Contractor
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shall be allowed an additional period of time for the completion of the work covered hereby equal
to the number of days’ delay occasioned thereby, time being of the essence in this Agreement.
4.
CONSIDERATION
4.1
As consideration for all Work to be performed hereunder by Contractor or any
authorized Subcontractor, CPS Energy agrees to pay and Contractor agrees to accept a sum of
money computed at the rates set forth in Exhibit J, “Unit Prices for Underground Infrastructure
Facilities in Dirt”, Exhibit J-1, “Unit Prices for Underground Infrastructure Facilities in Rock”,
Exhibit K, “Unit Adjustment Prices For Underground Infrastructure Facilities in Dirt”, and Exhibit
K-1, “Unit Adjustment Prices For Underground Infrastructure Facilities in Rock”. Contractor shall
only be paid for work performed and at the applicable stated unit prices contained herein.
4.2
In the event Additional Work shall be performed hereunder, then the consideration
covering the Additional Work shall be the amount specified on a Supplemental Purchase Order
and/or Amendment in accordance with Section 14, “Changes and Additional Work” of this
document.
5.
METHOD OF PAYMENT
5.1
All invoices shall be submitted to:
CPS Energy Accounts Payable Section
Mail Drop 100705
P.O. Box 2921
San Antonio, Texas 78299-2921
for Work completed hereunder. A separate invoice shall be prepared for any additional Work
authorized in accordance with Section 14, “Changes and Additional Work.” All invoices shall
include any supporting documentation necessary to verify the charges billed, such as, but not
limited to, the Underground Contractor’s Inspection Report (Appendix A), properly approved
Authorization for Field Revision Forms (Appendix B); personnel timesheets; Subcontractor
services, materials and equipment, and invoices shall correspond to the specific task being billed.
Payment for amount due Contractor shall be construed as the date the check is deposited in the
United States mail. Unless required under any applicable state law or regulation, CPS Energy shall
not pay any late fees, service charges or penalties attributable to late or delayed payment by
CPS Energy.
5.2
Invoices for payments and correspondence for this Agreement must reference the
CPS Energy Purchase Order Number. Invoices that do not reference the CPS Energy Purchase
Order Number will be returned unpaid.
5.3
The payment by CPS Energy of the Products and/or Work covered by each such
invoice shall constitute full payment for all such Products and/or Work, including additional
Products and/or Work, and shall constitute a full release, accord and satisfaction, and waiver of all
known claims of the Contractor for or arising out of any such Products and/or Work performed.
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6.
PAYMENTS
The Contractor shall submit an invoice once a month for Work performed the previous month.
CPS Energy shall pay Contractor one hundred percent (100%) of the properly approved monthly
invoice thirty (30) days from receipt of said invoice. If there is a discrepancy between the invoice
and supporting documentation, the CPS Energy Field Representative will have sole authority to
determine the correct amount to be paid. Upon approval by the Field Representative,
CPS Energy shall pay Contractor one hundred percent (100%) of the properly approved
monthly invoice thirty (30) days from receipt of said invoice by CPS Energy’s Accounts
Payable Section.
7.
WITHHOLDING PAYMENTS
CPS Energy may withhold payments due the Contractor to the extent necessary to protect itself
against loss, including, but not limited to, the following:
a. Defective Work not remedied;
b. Claims filed or reasonable evidence indicating possible filing of claims;
c. Failure of the Contractor to make payments properly to Subcontractors for
material or labor;
d. Damage to another Contractor or CPS Energy equipment or facilities;
e. Failure of Contractor to return unused CPS Energy material;
f. Failure of Contractor to return job package documents, accurate and in full;
g. Failure of Contractor to supply accurate supporting documents;
h. Any other violation or failure to comply with the provisions of this Contract
When the above conditions are removed, payment shall be made for the amount withheld because
of them.
8.
ACCEPTANCE OF THE WORK AND FINAL PAYMENT
8.1
Acceptance of the Work and final payment will be made separately for each
particular CPS Energy Job or Sketch Number and shall be subject to the requirements stated
herein. Final acceptance of the Work under the Specifications will not be made until:
a. The Contractor has completed all Work required under this Agreement,
including final clean-up of the site, and removal of the Contractor's temporary
facilities, construction equipment, and personnel from the project site(s)
b. All warranty claims outstanding against the Contractor have been resolved.
c. All unused CPS Energy materials have been returned to CPS Energy.
d. All project package documents have been returned to CPS Energy, accurate and
in full.
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8.2
CPS Energy reserves the right to use completed segments of the Work prior to
completion of the entire project. However, final acceptance of the Work will be for the completed
operating unit only. Piecemeal acceptance of projects will not be approved.
9.
LOCAL CONDITIONS
9.1
Contractor covenants to and with CPS Energy that it has read and carefully
considered the Contract Documents; that it thoroughly understands the same and has satisfied itself
as to their adequacy, meaning and purposes; that it can perform the Work according to the Contract
Documents; that prior to initiation of the Work, it made all tests deemed necessary or advisable,
and familiarized itself with all conditions to be met during performance of the Work; and that
CPS Energy makes no warranty, expressed or implied, with respect to the accuracy or sufficiency
of the Contract Documents or any interpretation of any facts disclosed by any preliminary
investigations which have been made by CPS Energy.
9.2
It is not the intention of CPS Energy to deviate from the customary good practice
in construction, and while the Specifications herein above referred to are intended to be full and
complete in themselves, Contractor shall consider itself bound by customary good practice whether
referred to specifically or not. All machinery, tools, work equipment, and labor necessary for the
completion of the Work covered hereby shall be furnished by and at the expense of the Contractor.
10.
MATERIALS TO BE FURNISHED BY CPS ENERGY
CPS Energy agrees to furnish materials as necessary to complete the project in accordance with
Exhibit C, titled, “SPC-16 Specifications for Installation of Underground Infrastructure Facilities”
Section 6. CPS Energy will not provide concrete for foundations, ductlines or concrete slabs; sand,
black base, flowable fill, asphalt, rags, safety equipment, tools or propane for torches.
11.
MATERIALS AND EQUIPMENT TO BE FURNISHED BY CONTRACTOR
11.1 Concerning the installation of underground infrastructure, Contractor shall provide
fully trained and operational utility crews and shall furnish all machinery, equipment, tools,
materials and labor necessary to complete the project except as supplied by the Owner and noted
in
Exhibit C titled, “SPC-16 Specifications For Installation Of Underground Infrastructure
Facilities” Section 6. Contractor shall also provide some materials as specified in Exhibit C,
Section 7. All equipment shall be safe, adequate, and serviceable and shall be kept in first-class
operating condition. If, in the opinion of the CPS Energy Field Representative, the condition of
any machinery or equipment is such that it would adversely affect the workmanship of the
completed facilities, retard progress or be unsafe, it shall be repaired or replaced with satisfactory
equipment at no cost to CPS Energy.
11.2 The Contractor shall be responsible for completing all Work within the CPS Energy
estimated timeframe and, at times, may need to furnish more than one (1) crew on a project.
Contractor will not increase or decrease the number of available crews without prior written
consent from the CPS Energy Field Representative. Although CPS Energy does not intend to
decrease the number of crews supplied by Contractor, CPS Energy reserves the right to do so upon
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ninety (90) days’ written notice based on CPS Energy management directive (e.g., due to
significant changes in local economic conditions which affect CPS Energy project planning and
construction workload or unanticipated, long-term availability of internal CPS Energy crews to
cover the projected workload).
11.3 When the facilities to be installed under this Contract lie within public roads,
highways, and streets, the Contractor will use suitable equipment to minimize damage to paving,
road shoulders, curbs, sidewalks, etc. Any damage will be repaired, at the Contractor's sole
expense, to the satisfaction of the office having jurisdiction over the particular road, street or
highway involved. Contractor will use suitable equipment to minimize damage to private
roads or private property, and any damage will be repaired, at the Contractor’s sole expense,
to the satisfaction of the property owner and the CPS Energy Field Representative.
12.
WORKMANSHIP
Contractor shall perform the Work in a safe and satisfactory manner by qualified, careful and
efficient workers in strict conformity with the Specifications and Drawings. CPS Energy shall
have the right to require removal of any employee of Contractor, or of Subcontractors who, in the
CPS Energy Representative's opinion, is performing unsafely or defectively or may be
incompetent or unqualified to perform work assigned to them.
13.
EXAMINATION
13.1 CPS Energy will maintain such representatives as is deemed necessary on the
worksite for the purpose of examining, testing, inspecting, and ensuring the satisfactory
completion of the contracted Work. The daily examination of any portion of the Work shall not
constitute Final Acceptance on the part of CPS Energy. The examiner shall at any and all times
be permitted to view the Work being done, and Contractor will, at his/her expense, halt the Work
on any part of the job, if requested by the examiner, until it can be verified that such Work is being
done in accordance with these Specifications. The CPS Energy examiner shall in all cases
determine the amount of Work, including both extra and additional work, which is to be paid for
under the Contract, and his/her determination thereof shall be final, conclusive and binding on the
parties hereto.
13.2 The term “CPS Energy Representatives” shall include engineers, examiners,
inspectors, checkers or other representatives of CPS Energy, whether in direct employ of
CPS Energy or retained on a service basis. The examiner shall be made known to the Contractor,
and the examiner will make the other CPS Energy representatives known to the Contractor's
Foreman and/or Superintendent on the job. Each of these various representatives will have the
authority and duties included under the term “CPS Energy Representatives” or “Examiner”
throughout the Contract.
13.3 An authorized representative of CPS Energy shall decide as to the meaning and
intent of any portion of the Contract Documents where the same may be thought to be obscure or
in dispute, and said representative shall have the right to correct any errors or omissions therein
when such corrections are necessary for the proper fulfillment of the intention of said Plans and
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Specifications. Any decision made by the CPS Energy Representative under the provisions of this
paragraph shall be final, conclusive and binding on the parties hereto.
13.4 In the event any workmanship is found to be insufficient, it shall be the
responsibility of the Contractor to prove previous work that was not inspected is installed to
CPS Energy Specifications (by means of potholing or whatever means necessary). All
insufficiently installed facilities will be rectified by Contractor within twenty-four (24) hours.
14.
CHANGES AND ADDITIONAL WORK
14.1 CPS Energy, without invalidating the Agreement, may at any time, either orally or
in writing, require deviation from the Contract Specifications, which may be required by
CPS Energy to complete the Work described in the specifications. Material changes to the scope
of the Work or changes to the quantity of Work which materially affect the Contract Price require
authorization from CPS Energy in writing.
14.2 When requested by CPS Energy, Contractor shall prepare a proposal for the
requested change in scope, including a detailed cost breakdown to substantiate the change in
compensation requested.
14.3 The Contractor shall not make any additions, changes, alterations, or omissions, or
perform any extra or additional Work, or supply extra or additional materials or equipment, except
on prior authorization of CPS Energy. Additional Work shall be authorized only by the issuance
of a Supplemental Purchase Order and/or Amendment issued by the Supply Chain.
14.4
Additional Work shall be defined as follows:
a. Any additions and/or deletions to the scope of the Work to be performed.
b. Significant additions and/or deletions to the quantity of Work to be performed.
c. Additions and/or deletions for which there is no established price.
14.5 CPS Energy reserves the right to prosecute any Additional Work to completion.
However, this right in no way limits the Contractor's obligation for performance of his/her Work.
Contractor shall afford CPS Energy reasonable opportunity for the execution of said Work and
properly coordinate his/her Work with CPS Energy.
15.
DELAYS AND TERMINATION
15.1 If Contractor is responsible for a delay in the progress of the Work or in the delivery
of the product, Contractor shall, without additional cost to CPS Energy, work such overtime and
utilize such additional equipment as may be necessary to eliminate delay in final completion of
each Work request. Time of delivery of each Work Request is of the essence in this Contract.
15.2 If it is determined that CPS Energy, or a third party is responsible for the delay,
CPS Energy may grant an extension of time for the completion of the Work request or request that
the Contractor work overtime or schedule increased resources in order to compensate for the delay
beyond the control of both parties. If the Contractor is required to work overtime or schedule
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increased resources, the Contractor shall be compensated in accordance with the rates listed in
Section 4, “Compensation.”
15.3 If the Work to be performed under this Contract are abandoned by the Contractor,
or if the Contractor is adjudged bankrupt or becomes insolvent, or if Contractor shall refuse or fail
to supply enough properly skilled employees, supplies or materials to perform the Work in a timely
manner, CPS Energy may, without prejudice to any other right of remedy, terminate this Contract.
15.4 The performance of Work under this Contract may be terminated by CPS Energy
in whole, or from time to time in part, with a thirty (30)-day written notice whenever CPS Energy
shall determine that such termination is in the best interest of CPS Energy.
16.
CPS ENERGY’S RIGHT TO CARRY OUT THE WORK
If the Contractor neglects to carry out the work in accordance with the Contract Documents and
fails within three (3) days after receipt of notice from CPS Energy to commence or continue
correction of unremedied or defective work with diligence and promptness, CPS Energy may, after
three (3) days following receipt by Contractor of an additional notice, and without prejudice to any
other remedy they may have, make good such deficiencies. In such case, the Contractor is
responsible for all costs of correcting the deficiencies upon Contractor’s failure to affect a cure to
such deficiencies within the three (3)-day period. CPS Energy will bill Contractor for inadequate
or deficient work when CPS Energy personnel or other contractors must perform the required
corrective work. The Contractor will be billed for the cost to CPS Energy to perform the required
corrective work, including materials, equipment, labor and overhead. CPS Energy will provide an
accounting of the actual costs incurred along with the invoice.
17.
CPS ENERGY'S RIGHT OF TERMINATION
17.1 Should conditions arise which, in the opinion of CPS Energy, make it advisable or
necessary to cease Work, CPS Energy shall serve written notice to terminate the Contract. Upon
such termination, without fault of the Contractor, the Contractor shall be paid the earned portion
of the total cost of the Work completed together with payment for any authorized commitments
on behalf of CPS Energy at the date of termination. In this event, CPS Energy's authorized
representative(s) shall have the right to access to the Contractor's books to verify the amount
claimed by the Contractor.
17.2 If the Work to be performed under this Contract is abandoned by the Contractor, or
if the Contract is assigned or the Work sublet by the Contractor, otherwise than is provided herein,
or if the Contractor is adjudged bankrupt or becomes insolvent, or if a receiver of the business or
any part of the property of the Contractor is appointed on account of the Contractor's insolvency,
or if Contractor shall refuse or fail to supply enough properly skilled workmen or supplies or
materials to perform the Work in a timely manner, or if Contractor should otherwise be in default
hereunder, CPS Energy may, without prejudice to any other right of remedy, serve written notice
to the Contractor, to terminate this contract. The Contractor shall discontinue the work and
CPS Energy shall thereupon have the right and power to complete the Work, or such part hereof,
by Contract or otherwise, as it may deem expedient, such Work to be completed at the expense of
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the Contractor. In such case, the Contractor shall not be entitled to receive any further payment
under the Contract for Work performed until all of the Work is completed and accepted. In such
case, under the terms of this Agreement. In case such expenses shall be less than the amount which
would have been payable under this Contract, if the same had been completed by the Contractor,
the Contractor shall not be entitled to such difference As referenced in Section 16, provided all
expenses, claims and damages will need to be satisfied by the Contractor.
17.3 This Agreement may be terminated by either party prior to the expiration of such
period by the giving of thirty (30) days’ written notice provided, however, that in the event the
Contractor desires to so terminate, Contractor shall continue to perform diligently as provided
herein for such a period as may be necessary for CPS Energy to mitigate the loss of said Contractor
and replace the work of the Contractor.
18.
PATENTS AND ROYALTIES
Royalties and license fees for materials, articles, apparatus, devices, equipment or processes
incorporated into the Work, or used in performance of the Work hereunder, shall be included in
the Price. The Contractor shall satisfy all demands that may be made at any time for such royalties
and fees, and Contractor shall have full responsibility with respect to any claims for such fees,
royalties, or related costs incident to the use of any invention, design, process, product, or device
which is the subject of patent rights or copyrights held by others in performance of the Work for
CPS Energy, or incorporation of the completed invention, design, process, product, or device
provided by Contractor into the Work. Contractor shall indemnify and hold harmless CPS Energy
from and against all claims of third parties and the related damages, losses and expenses (including
attorney’s fees and including any license fees or royalties claimed or determined to be due) arising
out of any infringement of patent rights or copyrights incident to the performance of the Work or
resulting from the incorporation in the Work of any invention, design, process, product, or device,
and shall defend all such claims in connection with any alleged infringement of such rights. If the
article, material or equipment, or any part thereof incorporated in the Work used by CPS Energy,
is held to constitute an infringement and its use is enjoined, Contractor, at Contractor’s option and
expense, shall (a) procure for CPS Energy the right to continue using the article, material or
equipment, or relevant part thereof, (b) replace it with a non-infringing article, material or
equipment which is, in CPS Energy’s reasonable determination, consistent with the standards
reflected by the Contract Documents, or (c) modify the article, material or equipment or any
relevant part thereof in a way which is, in CPS Energy’s reasonable determination, consistent with
the standards reflected by the Contract Documents, so that it becomes non-infringing.
19.
TITLE
The title to all Work completed and all Work in the course of construction shall belong to
CPS Energy, and shall not be sold or otherwise distributed by Contractor without written approval
from CPS. Additionally, all materials furnished by CPS Energy or by Contractor, irrespective of
location thereof, shall belong to CPS Energy, but the ownership thereof by CPS Energy shall not
absolve Contractor from liability for loss or damage to same, nor from any other duty or
responsibility for same as provided in the Contract Documents.
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20.
INDEMNIFICATION
20.1 Contractor shall defend, indemnify, and hold harmless CPS Energy from and
against any liability, loss, cost, and expenses claimed by a third party (including reasonable
attorney’s fees and costs of defense) resulting from Contractor’s performance of the Work
to the extent that such liability is for:
a. bodily injury, sickness, disease or death, and/or
b. loss or destruction of property,
which arises out of and is attributed to the sole or concurrent negligence or strict liability of
Contractor, its subcontractors, or their respective employees. Where liability is attributable
to the joint negligence or fault of Contractor and any other person (including CPS Energy),
Contractor’s duty of indemnification shall be limited to Contractor’s allocable share of joint
negligence or fault.
20.2 THIS INDEMNITY SHALL BE BROADLY CONSTRUED TO APPLY TO
ALL LIABILITY ATTRIBUTED TO THE CONCURRENT AND SOLE NEGLIGENCE
OF CONTRACTOR AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
21.
PROTECTION OF PERSON AND PROPERTY
21.1 The Contractor shall be fully responsible for the protection of all persons, including
members of the public, employees of CPS Energy, and employees of other contractors or
subcontractors, and all public and private property, including all existing property of CPS Energy,
created under or affected by this Contract.
21.2 The Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. The Contractor shall take all
reasonable precautions for the safety of and shall provide all reasonable protection to prevent
damage, injury or loss to:
a. All employees on the job site and all other persons (e.g., Customers) who may
be affected thereby;
b. All the work and all materials and equipment to be incorporated therein,
whether in storage on or off the site, under the care, custody or control of the
Contractor or any of its Subcontractors, or Sub-subcontractors, and
c. Other property at the site or adjacent thereto, including trees, shrubs, lawns,
walks, pavements, roadways, structures and utilities not designated for removal,
relocation or replacement in the course of Work.
21.3 The Contractor shall give reasonable notice to CPS Energy of public or private
property and utilities when such property and utilities are liable to injury or damage through the
performance of the Work, and shall make all necessary arrangements with such owners relative to
the removal and replacement or protection of such property or utilities.
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21.4 The Contractor shall promptly remedy all damage or loss to any property, including,
but not limited to, existing CPS Energy property and/or equipment, caused in whole or in part by the
Contractor, any subcontractor, and sub-subcontractor, or anyone directly or indirectly employed by
any of them, or by anyone for whose acts any of them may be liable and for which the Contractor is
responsible. All such Work must be acceptable to CPS Energy.
22.
INSURANCE
22.1 If Contractor’s scope of work includes on-site maintenance, testing or other
Product and/or Work at CPS Energy facilities, or modification of existing equipment, Contractor
agrees to carry and keep in full force during the performance of Products and/or Work hereunder
the minimum amount of insurance as required in accordance with Exhibit A, "Minimum
Insurance Requirements" sufficient to fully protect CPS Energy from all damages, claims, suits
and/or judgments to include errors, omissions, violations, fees and penalties caused or claimed to
have been caused by, or in connection with, the performance or failure to perform any Products
and/or Work undertaken by the Contractor, its Subcontractor, or their agents, or employees.
Contractor’s insurance shall be primary, for liabilities of the Contractor, of any self-insurance
and/or insurance maintained by CPS Energy.
22.2 In no event shall Contractor be responsible for "CPS Energy’s Risks."
CPS Energy's Risks include damage and losses due to war, hostilities, terrorism, rebellion,
revolution, civil disturbance, nuclear radiation or similar occurrences; acts or omissions of Owner;
and natural perils (such as flood or earthquake) or other perils to the extent that the peril is excluded
from the ARBRICAR policy coverage or the loss is in excess of the policy limits.
22.3 Should the minimum insurance requirements of CPS Energy change, the
Contractor shall be notified in writing and Contractor shall meet the new requirements. Should
the new requirements add materially to the Contractor’s costs, Contractor shall notify CPS Energy
and request adjustment in Contractor’s compensation. Contractor shall comply with all insurance
requirements of Exhibit A and provisions set forth herein for the duration of the term of the
Contract. Contractor’s insurance shall be primary of any self-insurance and/or insurance
maintained by CPS Energy. Failure of the Contractor to meet the insurance requirements set forth
in this section and Exhibit A during Contract period may result in the Contract being immediately
terminated.
22.4 Prospective Contractor’s, to whom award of Contract is under consideration, shall
submit to CPS Energy a properly executed Certificate of Insurance from the insurance agent or
carrier of such insurance coverage’s in accordance with requirements set forth in the Contract
Documents prior to award of the Contract and before starting any Products and/or Work. Failure
of a Prospective Contractor to provide proof of insurance will result in the Prospective Contractor
not being awarded the Contract.
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23.
PERFORMANCE AND PAYMENT BONDS
23.1 For Contractor(s) performing the majority of the consistent Work under this
Contract, and coincident with execution of the Contract, Contractor shall furnish a good and
sufficient Payment Bond and a good and sufficient Performance Bond for the Work projects
covered by this Contract. Each bond will be for an amount not less than one hundred percent
(100%) of the estimated value of the Contract, and each bond shall be in force until the Contractor
has fulfilled its obligations under the Contract.
23.2 For Contractor(s) performing Work that is sent out for Mini-Bid(s) and coincident
with execution of the Contract, Contractor shall furnish a good and sufficient Payment Bond
covering all Work required for performance of the Project covered by this Contract in which the
estimated value is over Twenty-Five Thousand dollars ($25,000.00). In addition, Contractor shall
furnish a good and sufficient Performance Bond covering all Work required for performance of
the Project in which the estimated value is over One Hundred Thousand dollars ($100,000.00).
Each bond will be for an amount not less than one hundred percent (100%) of the estimated value
of the Project and each shall be in force until the Contractor has fulfilled its obligations under the
Contract.
23.3 All provisions of the bonds shall be complete and in full accordance with the
statutory requirements of VERNONS TEXAS GOVERNMENT CODE ANN. TITLE 10, Chapter
2253, Subchapter 2253.021. Each bond shall be executed with the proper surety through a
company licensed and qualified to operate in the State of Texas and listed with the U.S. Dept. of
the Treasury Federal Register. Such bond shall not be for an amount greater than the surety's
approved limit as referenced in the Current Federal Register, all still subject to the final approval
of CPS Energy. Each bond shall be signed by an agent resident in the State of Texas, shall be
accompanied by a certified power-of-attorney document, and shall include the date of the policy.
23.4 If at any time during the continuance of the Contract the surety becomes
irresponsible, CPS Energy shall have the right to require additional and sufficient sureties, which
the Contractor shall furnish to the satisfaction of CPS Energy within ten (10) days after notice to
do so. In default thereof, the Contract may be suspended and all payments or monies due to the
Contractor withheld.
23.5 The Performance Bond shall guarantee the faithful performance of all covenants,
stipulations, and conditions of the Contract. The Payment Bond shall guarantee the faithful
payment of all obligations that may arise under the Contract.
23.6 Contractor costs for Payment and Performance Bonds associated with the
Work hereunder shall be included in Exhibit J-3, “Cost of Performance and Payment
Bonds”, attached herein.
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24.
WARRANTY
24.1 The Contractor shall warrant all components, materials, workmanship and labor for
trenches, street reconstruction and installations against failure, due to poor workmanship, for a
period of two (2) years.
24.2 The Contractor warrants the title and guarantees the equipment, materials and
workmanship furnished under this Contract to be as specified and to be free from defects in
workmanship and materials. If within the warranty period the Work fails to meet the provisions
of this guarantee, CPS Energy shall notify the Contractor thereof immediately and the Contractor
shall promptly correct any defects, including nonconformance with the Contract Documents, by
adjustment, repair or replacement F.O.B. the CPS Energy job site of all defective Work at its sole
cost.
25.
PERMITS AND LICENSES
CPS Energy shall be responsible for costs and obtaining permits required for Work in all
public rights of ways (ROW), easements, railroad crossings, etc. Contractor shall be
responsible for conforming to and furnishing any requirements necessary as set forth by city,
county, state or local agencies having jurisdiction in the area of construction.
26.
TAXES
The City Public Service Board of San Antonio, Texas (“CPS Energy”) is a political subdivision of
the State of Texas organized pursuant to Texas law codified at Chapter 1502 of the Texas
Government Code and, as such, is a TAX-EXEMPT ORGANIZATION. CPS Energy is exempt
from certain sales and use taxes with respect to the purchase price of all materials, supplies,
equipment and consumables purchased under a separate contract and which are incorporated into
the Work. Contractor shall not invoice or charge CPS Energy for such taxes and shall be provided
with a Sales Tax-Exemption Certificate upon request. Failure by Contractor to request a Sales
Tax-Exemption Certificate shall not mean that CPS Energy waives its tax-exempt status.
CPS Energy shall not pay any taxes for which it is exempt.
27.
INDEPENDENT CONTRACTOR
Contractor’s relationship to CPS Energy in the performance of this Contract is that of an Independent
Contractor. The personnel performing Work under this Contract shall at all times be under
Contractor’s exclusive direction and control and shall be employees of Contractor and not employees
of CPS Energy. Contractor shall be fully liable for all acts and omissions of its employees,
Subcontractors, and their suppliers, and shall be specifically responsible for sufficient supervision
and inspection to assure compliance in every respect with Contract requirements. There shall be no
contractual relationship between any subcontractor or supplier of Contractor and CPS Energy by
virtue of this Contract. No provision of this Contract shall be for the benefit of any party except
CPS Energy and Contractor. Contractor shall pay all wages, salaries and other amounts due its
employees in connection with this Contract and shall be responsible for all reports and obligations
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respecting them, such as Social Security, Income Tax Withholding, Unemployment Compensation,
Workers’ Compensation and similar matters.
28.
COMPLIANCE WITH CODES, STANDARDS, LAWS AND REGULATIONS
28.1 The Contractor shall observe and comply with all ordinances, laws, requirements
and regulations of all units of government and governmental agencies having jurisdiction over any
aspect of the Work, including, but not limited to, those listed in 28.2 and 28.3 below and as
amended by the Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and
Hazardous Material Safety Administration (PHMSA). The Contractor shall protect and indemnify
CPS Energy and CPS Energy's employees, officers, trustees and agents against any loss, claim,
expense or liability arising from or based on any violation of the same.
28.2 This Contract requires Contractor’s employee(s) to obtain a commercial driver’s
license in order to perform the Work hereunder; therefore, Contractor shall abide by the regulations
promulgated by the Department of Transportation (DOT), Federal Motor Carrier Safety
Administration (FMCSA), which states that contractors subject to FMCSA mandates shall be in
compliance with those parts of 49 Code of Federal Regulations (CFR) which relate to the illegal
use of alcohol and controlled substances. CPS Energy will require such compliance to be a part
of this Contract and will immediately terminate this Contract if Contractor is found to not be in
compliance with said regulations. Contractor shall indemnify CPS Energy against any fines,
penalties, damages, costs or attorney fees based upon any violation by Contractor of the same.
28.3 The Contractor shall have a program complying with 49 CFR Part 199, “Control of
Drug Use in Natural Gas, Liquefied Natural Gas, and Hazardous Liquid Pipeline Operations” and
49 CFR Part 40, “Procedures for Transportation Workplace Drug and Alcohol Testing Programs”
to test employees for the presence of prohibited drugs and use of alcohol in the workplace as
prescribed and to provide an employee assistance program.
28.4 The Contractor shall provide to the National Compliance Management Services
(NCMS), upon request from the CPS Energy Human Resources Compliance Department or
NCMS, a completed and signed Contractor DOT Compliance Document form, attached hereto as
Attachment A, for ensuring compliance with the regulations promulgated by the Department of
Transportation (DOT), Pipeline and Hazardous Material Safety Administration (PHMSA), which
relates to the illegal use of alcohol and controlled substances.
28.5 The Contractor shall observe and comply with all ordinances, laws, requirements
and regulations of all units of government and governmental agencies having jurisdiction over any
aspect of the Work. The Contractor shall protect and indemnify CPS Energy and CPS Energy's
employees, officers, trustees and agents against any loss, claim, expense or liability arising from
or based on any violation of the same.
28.6 If CPS Energy desires for the Contractor to have unescorted access to CPS Energy
facilities, the Contractor shall be required to provide the designated field representative the
Contractor Employee Data Form, included as Attachment B, for each employee prior to the
Contractor initiating the Work. Unless an exception is authorized by the CPS Energy Chief
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Compliance Officer, CPS Energy shall conduct the required background check.
Any
Contractor’s employee whose background check results indicate a failure to meet the
minimum requirements established by CPS Energy shall not be assigned to perform Work
for CPS Energy.
29.
SETTLEMENT OF CLAIMS
Contractor shall have the right, during the progress of the Work, to settle damage claims for which
the Contractor is responsible under the Contract, provided, however, that Contractor gives written
notification to CPS Energy of its desire to negotiate the claim and obtains CPS Energy's written
approval prior to settlement. Contractor will take duplicate releases on a form approved by
CPS Energy for such settlements, one copy of which shall be furnished to CPS Energy. It is
understood and agreed, however, that in the event Contractor fails or refuses to settle such
damages, if any, during the progress of the Work, CPS Energy shall have the right immediately
after the completion of the Work to settle and adjust any and all claims for damages occasioned
by, growing out of, or incident to such Work, regardless of whether CPS Energy or Contractor is
responsible for such damages. "Completion of Work" shall mean completion of that portion of
the Work causing the alleged damage. In making such settlements, CPS Energy shall obtain
releases therefore and furnish Contractor with an itemized statement showing the amount paid in
settlement of such claims, together with any cost and expense incurred in making such settlement,
and the proportion thereof CPS Energy considers chargeable to the Contractor. All amounts
chargeable to Contractor hereunder shall be deducted by CPS Energy from the Contract payment.
CPS Energy does not assume any of the contractual liability by settling or adjusting claims, nor
does CPS Energy's actions constitute a release of such contractual liability.
30.
EMERGENCY PROTECTION
30.1 Whenever, in the opinion of CPS Energy, the Contractor has not taken sufficient
precaution for the safety of the public or the protection of the Work to be constructed under this
Contractor of adjacent structures or property, and whenever, in the opinion of CPS Energy, an
emergency has arisen and immediate action is considered necessary, then CPS Energy, with or
without prior notice to the Contractor, may in its sole discretion, take such actions such as
terminating the Agreement and/or causing Work to be done and material to be furnished and
placed. The cost (labor, material, equipment and overhead) of such Work shall be borne by the
Contractor, and, if the same is not paid on presentation of the invoice(s), therefore, such costs may
be deducted from any amounts due or to become due the Contractor. The performance of such
emergency Work shall not relieve the Contractor of responsibility for any damage which may
occur.
30.2 The provisions of this Section shall not relieve the Contractor of Contractor’s
responsibility to take proper and adequate safety precautions in all phases of the Work nor shall it
relieve Contractor of the liability assumed by Contractor under Section 20, “Indemnification.
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31.
MANAGEMENT OF ACCIDENTAL SPILLS
The use of Contractor equipment could involve incidental or accidental spills, and leaks or releases
of hydrocarbons and petroleum products during the course of the Work from that equipment or
other materials (drums, other containers, etc.). Contractor is, and shall be, responsible for the
containment of any such spills and shall be responsible for the clean-up and the proper disposal of
all such spilled material, including hydrocarbon-contaminated materials, from Contractor-owned
equipment and materials. The clean-up and disposal of all such contaminated materials shall be
handled in accordance with local, State, and Federal requirements, and shall be to the satisfaction
of the CPS Energy Field Representative. In addition, Contractor shall promptly submit to
CPS Energy, documentation verifying that any such contaminated media was sent to a proper
disposal facility (i.e., manifest or other documentation provided by the disposal facility). The
CPS Energy Field Representative shall be notified by the Contractor as soon as possible after the
occurrence of any such spill or release, and the Contractor shall be responsible for reporting the
spill to the appropriate agencies if a reportable quantity is released. Contractor shall provide to
the CPS Energy Field Representative, upon request, any information requested by CPS Energy
concerning any such spill report.
32.
CONSTRUCTION WASTE/DEBRIS MANAGEMENT
32.1 Construction debris is a type of waste that includes, but is not limited to: asphalt,
concrete, soil/rock, scrap lumber, wooden pallets, cardboard, paper, plastic, metal and empty
cartons. All waste generated in connection with the Work and Services contemplated by this
Contract must be properly managed (legitimately recycled or disposed) by Contractor. To the
extent practical, Contractor shall use practices to minimize the generation of waste resulting from
the Work. Contractor shall transport and recycle or dispose of all materials listed above at its cost
or for revenue. When recycling or disposing of construction debris, Contractor shall provide the
CPS Energy Inspector/Field Representative with a copy of the corresponding weight ticket. The
ticket shall have the Contractor’s name and vehicle license number on it.
32.2 Contractor shall transport concrete, asphalt, uncontaminated soil/rock and other
miscellaneous masonry products to the following designated facility or other CPS Energyapproved facility for recycling/reuse. CPS Energy currently has negotiated rates with the
following facility:
San Antonio Aggregates
12025 Highway 16 South
San Antonio, TX 78224
Contractor should notify the above facility that the material is from CPS Energy.
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32.3
facility:
Waste to be disposed must be transported to the following CPS Energy-designated
Republic Services Tessman Road Landfill
7790 Tessman Road
San Antonio, TX 78219
32.4 Licensed recycling facilities may be utilized for materials such as cardboard, metal,
and wooden pallets and is highly encouraged. The Contractor shall keep the premises and
surrounding area free from accumulation of waste materials or rubbish caused by operations under
the Contract. At completion of the Work, the Contractor shall remove from and about the Project
waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus
materials.
33.
RECYCLING / DISPOSAL OF EXCAVATED MATERIAL
33.1 The Contractor shall be responsible for the removal, transportation, and
management of all excavated materials that are generated by the Work. Construction debris
generated by the Work shall be handled per Section 32, “Construction Waste/Debris
Management.” Uncontaminated soil and rock and/or concrete with no exposed rebar may be
placed in an offsite fill area or landfill under the following conditions: 1) no waste materials are
already located at the offsite fill area; and 2) the use of any offsite fill area is first approved by
CPS Energy’s Field Representative prior to a Contractor transporting the material.
33.2 NOTE: All other uncontaminated soil, rock, asphalt, concrete and other
miscellaneous masonry products shall be recycled at the following facility or other CPS Energyapproved facility:
San Antonio Aggregates
12025 Highway 16 South
San Antonio, Texas 78224
(210) 628-4200
33.3 Contractor shall give a copy of the receipt to the CPS Energy Inspector/Field
Representative. The receipt shall have the Contractor’s name on it. If the Contractor fails to clean
up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be
charged to the Contractor.
34.
OTHER WASTES
34.1 If any of the waste generated by the Work includes waste solvents, sealants, coating
materials, or any liquid hazardous waste, they shall be collected in Contractor provided 55-gallon
drums and transported by the Contractor to a CPS Energy-designated facility for disposal at
Contractor’s cost.
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34.2 Each drum shall be as full as practical and shall not contain a mixture of different
types of waste. For example, a drum of sealant-contaminated waste shall contain only sealantcontaminated waste, and shall not contain coating materials in the same drum. Prior to delivery
of the waste to a CPS Energy-designated location, Contractor shall keep the drummed waste
material in a secure location and shall ensure that only the waste generated by the Work is delivered
to the CPS Energy-designated facility. By use of labeling, Contractor shall advise the CPS Energy
Representative of the type of waste that is in each drum.
34.3 Prior to work commencement, Contractor shall provide Safety Data Sheet (SDS)
and chemical list to Field Representative for chemicals brought onsite by Contractor and their
subcontractors. Contractor shall provide SDS and update list if additional chemicals are needed
during work.
35.
CONTAMINATED AREAS
Despite any provision in Sections 32, 33 or 34 that might be read to the contrary, Contractor is not
responsible under this Contract for the management or disposal of any contaminated media that
may exist at the respective job site(s) prior to commencement of the Work. However, CPS Energy
does not believe that any condition of contamination exists at the job site(s); and Contractor shall
immediately notify the CPS Energy Field Representative of any such condition of contamination
that is discovered by Contractor or its agents during the course of the Work.
36.
MINIMUM WAGE
The Contractor and its subcontractors are subject to all existing Federal and/or State minimum
wage laws as further defined in Exhibit B, titled “General Prevailing Wage Rates”, attached herein.
37.
UTILIZATION OF SMALL BUSINESS CONCERNS
37.1 If this Contract offers subcontracting opportunities, both parties to this
Contract agree to comply with 48 CFR 52.219-8, Utilization of Small, Service-Disabled
Veteran-Owned Small Business, HUBZone Small Business, Small Disadvantaged Business
and Woman-Owned Small Business Concerns and 48 CFR 52.219-9, Small Service-Disabled
Veteran-Owned Small Business, HUBZone Small Business, Small Disadvantaged Business
and Woman-Owned Small Business Subcontracting Plan.
37.2 Contractors classified by CPS Energy as a large business will be required to
furnish the subcontracting documents for any contract expected to meet or exceed $650,000
($1,500,000 for construction) at the time the Proposal is awarded. Failure to provide these
documents may result in the award being cancelled.
37.3 The Contractor shall adopt and deliver to CPS Energy the Subcontracting
Plan for both large and small, non-minority, minority, HUBZone, service-disabled veteran
and/or woman-owned businesses with the agreement that the Contractor will prepare and
submit the Summary Subcontract Report Standard Form 294 or 295, in accordance with the
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instructions on the form and all supporting documentation as required by governmental
directives in the terms of the contract between CPS Energy and the U. S. Government. The
aforementioned documentation should be submitted to the following address:
Attn: Supplier Diversity Office
CPS Energy
P.O. Box 1771 - Mail Drop 110901
San Antonio, Texas 78296-1771
37.4 The Contractor may be required to submit a copy to the Director of Small and
Disadvantaged Business Utilization, upon his/her request.
The aforementioned
documentation should be submitted to the following address:
General Services Administration
18th & F Streets NW
Washington, DC 20405
38.
SUBCONTRACTORS
Contractor shall secure CPS Energy’s written approval before subcontracting any portion of the
Services. No such approval shall relieve the Contractor from any of the obligations of the Contract
with CPS Energy.
39.
SUBCONTRACTOR RESPONSIBILITIES
Contractor shall require each Subcontractor, to the extent of the Work to be performed by the
Subcontractor, to be bound by the terms of the Agreement and to assume toward the Contractor
all the responsibilities and obligations which the Contractor by this Agreement assumes towards
CPS Energy.
40.
FORCE MAJEURE
40.1 Except as provided in Section 17, “CPS Energy's Right of Termination”, it is agreed
that in the event of either party being rendered unable wholly or in part by force majeure to carry
out its obligations under this Contract, then on such party's giving notice and full particulars of
force majeure in writing to the other party as soon as possible after the occurrence of the cause
relied on, the obligation of the party giving a notice, so far as affected by such force majeure, shall
be suspended during the continuance of any inability so caused, but for no longer period, and such
cause shall be remedied so far as possible with all reasonable dispatch. Such inability shall not be
a breach of this Agreement, and such party shall not be liable for damage or otherwise on account
thereof.
40.2 The term “force majeure” as employed herein shall mean acts of God, strikes,
lockouts or other industrial disturbances, acts of the public enemies, wars, blockades, insurrections,
riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, arrests and
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restraints of rulers and people, civil disturbances, explosions, inability with reasonable diligence
to obtain materials and any other causes not within the control of the party claiming a suspension.
41.
NOTICE
41.1
41.2
42.
Any notice herein provided for, or necessary to be given, may be given by
registered mail as follows:
If to CPS Energy:
If to Contractor:
P.O. Box 1771
San Antonio, Texas, 78296
Attn: General Counsel
_____________________________
_____________________________
Attn: ________________________
Either party may change its address at any time by any instrument in writing
delivered to the other party.
WAIVER OF RIGHTS
The waiver by CPS Energy of the breach of or default in any of the terms, covenants and conditions
of this Agreement by Contractor shall not be, nor construed to be, a waiver by CPS Energy of any
succeeding breach of the same or other terms, covenants and conditions hereof; nor shall any delay
or omission on the part of CPS Energy to exercise or avail itself of any right, power or privilege
that it has or may have hereunder operate as a waiver of any such breach or default.
43.
ASSIGNABILITY
All the terms, obligations and conditions herein contained and set forth shall be available to and
binding upon the heirs, administrators, personal representatives, executors, successors and assigns
of the respective parties hereto; PROVIDED, HOWEVER, that Contractor shall not assign this
Agreement or any part hereof, or any benefits hereunder, or sublet or subcontract to another any
Work hereunder without the written consent of CPS Energy. Any subletting by Contractor of any
part of the Work covered hereby shall not relieve Contractor of primary responsibility for the
proper performance of the Work by Subcontractor.
44.
RIGHT TO AUDIT
44.1 Contractor's and Subcontractor's books, records, correspondence, accounting
procedures and practices and any other supporting evidence relating to this Contract (all the
foregoing hereinafter referred to as “Records”) shall be open to examination and subject to audit
and/or reproduction, during normal working hours, by CPS Energy or its authorized representative
to the extent necessary to adequately permit evaluation and verification of any invoices, payments
or claims based on Contractor's or Subcontractor's actual costs (including direct and indirect costs
and overhead allocations) incurred, or units expended, directly in the performance of Work under
this Contract to determine compliance to terms and conditions of the Contract, including, but not
limited to, random audits to determine compliance with personnel experience and training
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requirements, or ascertain any facts relative to any claim against Contractor which may become a
charge against CPS Energy. For this purpose of evaluating or verifying such actual or claimed
costs or units expended, CPS Energy or its authorized representative shall have access to said
Records from the effective date of this Contract, for the duration of the Work and until two (2)
years after the date of final payment by CPS Energy to Contractor pursuant to this Contract.
44.2 CPS Energy or its authorized representative shall have access, during normal
working hours, to all necessary Contractor and Subcontractor facilities, and shall be provided
adequate and appropriate workspace, in order to conduct audits in compliance with the provisions
of this Article. CPS Energy shall give Contractor or Subcontractor reasonable advance notice of
intended audits.
44.3 Contractor shall require Subcontractors to comply with the provisions of this
Article by insertion of the requirements hereof in any Subcontract pursuant to this Contract.
45.
EQUAL EMPLOYMENT OPPORTUNITY
The Contractor will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, national origin, age, disability, or political beliefs or affiliation, and
will comply with all state and federal statutes applicable to Contractor, such as affirmative action
plans and reporting requirements.
46.
SEVERABILITY OF PROVISIONS
If any provision of this Contract is held invalid, illegal, or unenforceable, the remainder of the
Contract shall remain valid and enforceable and shall be construed to conform to the intent of the
parties.
47.
PERFORMANCE OF CONTRACT AND CHOICE OF LAW
THIS CONTRACT IS PERFORMABLE IN SAN ANTONIO, BEXAR COUNTY, TEXAS,
AND IS GOVERNED BY THE LAWS OF THE STATE OF TEXAS.
48.
CONFLICTS OF INTEREST
48.1 Contractor represents that it has advised CPS Energy in writing of any relationship
with third parties, including competitors of CPS Energy, which could present a "Conflict of
Interest" with the rendering of Work under this Agreement. During the period covered by this
Agreement, Contractor shall not undertake any new relationships with parties that could give rise
to a "Conflict of Interest" without the written consent of CPS Energy. A "Conflict of Interest"
includes, but is not limited to, those conflicts which prevent Contractor from professionally and
ethically carrying out all terms of this Agreement with its sole duty or obligation owing to
CPS Energy, or which present the appearance of a disclosure of "Confidential Information" by
Contractor to some third party. A Conflict of Interest includes an organizational Conflict of
Interest, which exists when, because of other activities or relationships with third parties,
Contractor is unable or potentially unable to render impartial assistance, advice, or Work to
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CPS Energy, or the Contractor's objectivity in performing the Work is or might be otherwise
impaired, or Contractor gains an unfair competitive advantage as a result of performance under the
Agreement.
48.2 Contractor represents that it will not divulge any "Confidential Information" to any
third parties. Such Confidential Information includes all information, materials or products
developed at CPS Energy's expense which are the subject matter of this Agreement ("Matter"),
and as otherwise defined in this Agreement. Contractor is not permitted to reveal Confidential
Information related to the Matter to a subsequent client or customer without written consent from
an authorized CPS Energy representative.
48.3 Contractor shall advise CPS Energy of any relationships creating a Conflict of
Interest that arise during the term of this Agreement. If CPS Energy becomes aware of any such
relationships, through Contractor's disclosure or otherwise, CPS Energy has the option to terminate
this Agreement without further liability to Contractor, except to pay for Work actually rendered.
In CPS Energy's sole discretion: (1) if it chooses to terminate this Agreement, CPS Energy may
cancel this Agreement in whole, or any divisible portion thereof, without penalty or further
obligation; and (2) if CPS Energy decides to continue the Contractor's performance under the
Agreement, CPS Energy may limit the scope of Contractor's performance as it determines
appropriate in light of the Conflict of Interest.
48.4 If CPS Energy decides to continue the Contractor's performance under the
Agreement, Contractor shall create internal procedures adequate to ensure that the personnel
working on the CPS Energy Matter do not work on matters for the third party creating the conflict
or, in the alternative, the Contractor shall terminate its relationship with the third party creating
the conflict with respect to the Matter. Under any circumstance, CPS Energy will have exclusive
rights to the Matter as provided under this Agreement and Contractor shall provide adequate
assurances to CPS Energy that Confidential Information will not be disclosed to the third party or
any Contractor employees working for the third party without CPS Energy's consent.
Notwithstanding any other provision in this Agreement limiting CPS Energy's legal remedies,
CPS Energy reserves its rights to all legal remedies permitted by law to enforce this provision,
including through specific performance, and reserves the right to seek any damages permitted by
law for breach of the terms of this Conflicts of Interest provision.
49.
SATURDAY, SUNDAY, HOLIDAY, AND NIGHT WORK
CPS Energy shall be notified by the Contractor when Contractor plans to work on Saturdays,
Sundays or CPS Energy legal holidays. The Contractor shall give CPS Energy twenty-four (24)hour notification of such Work except for emergency Work, which may be done without prior
notification. CPS Energy’s legal holidays are as follows:
New Year’s Day
Martin Luther King Day
San Antonio Fiesta (Battle of Flowers)
Memorial Day
Independence Day
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Labor Day
Thanksgiving Day
Friday after Thanksgiving Day
Christmas Eve
Christmas Day
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IN FAITH WHEREOF, Witness the hands and seals of both parties on the day and year in this
Agreement first above written.
CONTRACTOR
CITY OF SAN ANTONIO,
ACTING BY AND THROUGH
CITY PUBLIC SERVICE BOARD
By:
By:
Printed Name:
Printed Name:
Title:
Title:
Date:
Date:
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EXHIBIT A
MINIMUM INSURANCE REQUIREMENTS
CLASS 4 MOD
1.01
CONTRACTOR shall purchase and maintain in full force and effect, at its own expense,
the following minimum insurance coverages and limits:
1.02
Statutory Worker’s Compensation and Employer’s Liability Insurance with minimum
limits of not less than indicated below. The policy must be in the name of the
CONTRACTOR or contain an endorsement naming CPS Energy as the Alternate
Employer.
Required Limits – Statutory limits, with Employer’s Liability Coverage as follows:
Bodily Injury by Accident
Bodily Injury by Disease Each Employee
Bodily Injury by Disease Policy Limit
1.03
$1,000,000.00
$1,000,000.00
$1,000,000.00
Commercial General Liability Insurance, including the coverages identified below, with
minimum limits indicated below.
Each Occurrence
General Aggregate
$2,000,000.00
$5,000,000.00
The Commercial General Liability Policy will include the following coverage’s where
applicable:
1.
2.
3.
4.
5.
6.
7.
1.04
Bodily injury & Property damage on an “Occurrence” basis
Premises & Operations
Independent Contractors
Products/Completed Operations
Personal Injury Liability
Contractual Liability
XCU
Business Automobile Insurance for all owned, non-owned, and hired vehicles.
Combined Single Limit BI & PD
1.05
$1,000,000.00
Excess Liability Coverage, following form, over Employers’ Liability, Commercial
Liability, Commercial Automobile Liability Policies, with the limits shown below.
Excess Liability Coverage
PR # 10479799
$2,000,000.00
Ex A – Page 1 of 3
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1.06
Each of Contractor’s liability insurance policies shall be primary to and non-contributing
with, any other insurance carried by, or for the benefit of the CPS Energy. Insurance may
be provided under a single limit policy, or two or more policies with combined limits for
the required amount of coverage.
1.07
Contractor’s workers’ compensation, employers’ liability, commercial automobile
liability, commercial general liability, and excess liability insurance policies shall be
endorsed to waive all rights of subrogation in favor of CPS Energy and its affiliates, and
their shareholders, directors, officers, members, employees and agents.
1.08
CPS Energy and its employees, officers, directors, owners, advisors, consultants and agents
shall be included as additional insureds without limitation on all policies (except workers’
compensation), under the form of additional insured endorsement providing the maximum
protection to CPS Energy allowed by applicable law. Further, Contractor represents and
warrants that:
(a)
All such policies will be endorsed to reflect thirty (30) days’ notice of cancellation
to CPS Energy. CONTRACTOR shall not cause or permit its insurance to be
canceled, reduced, restricted, limited, or invalidated.
(b)
Upon request by CPS Energy, Contractor shall provide true copies of the insurance
policies and policy endorsements as required in this Exhibit A from issuing
insurance company(s).
1.09
All CONTRACTOR’s insurance shall be issued by insurance carriers licensed to do
business in Texas at the time the policy is issued and rated by A.M. Best Company as AVII or better, confirmed by one or more insurance certificates listing CPS Energy’s name
and address as a Certificate Holder, and list the name of Project as described in this
Agreement and the name and phone number of the broker who prepared the certificate.
Certificates of insurance shall be prepared on an Acord form 25-S.
1.10
With respect to any coverage maintained on a “claims-made” policy form,
CONTRACTOR shall maintain such coverage for two (2) years following termination of
this Agreement or completion of all Services associated with this Agreement, whichever is
later; provided that, if a “claims-made” policy is maintained, the retroactive date must
precede the date of commencement of Services under this Agreement.
1.11
CONTRACTOR shall not commence Services under this Agreement until
CONTRACTOR has obtained all required insurance and until such insurance has been
received and approved by CPS Energy. CONTRACTOR’s failure to fulfill these insurance
requirements within ten (10) days after receipt of CPS Energy’s notice to proceed shall not
be considered cause for any adjustment to CONTRACTOR’s compensation or schedule.
CPS Energy’s approval of CONTRACTOR’s insurance shall not relieve or decrease the
liability of CONTRACTOR hereunder.
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1.12
If CONTRACTOR fails to obtain or renew the above required insurance and furnish to the
CPS Energy acceptable evidence thereof, CPS Energy shall have the right, but not the
obligation, to: (1) procure such insurance and reduce the Agreement amount by the cost
thereof; or (2) deem as material breach of this Agreement the CONTRACTOR’s failure to
do so.
1.13
Nothing herein shall reduce or alter any obligation CONTRACTOR has to indemnify,
defend or hold harmless the Indemnified Parties identified in the Agreement.
1.14
In the event CONTRACTOR enters into a subcontract with a Subcontractor, the
CONTRACTOR will require the Subcontractor to procure at a minimum all insurance
specified to be carried by the CONTRACTOR, in the like form specified herein.
1.15
CONTRACTOR and, as applicable, its Subcontractors shall bear all risks and be responsible
for any uninsured loss due to policy deductibles, self-insured retentions, exclusions,
limitation inadequacy and/or absence of coverage, whether such policies are purchased by
CONTRACTOR, Subcontractor and/or CPS Energy.
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EXHIBIT B
GENERAL PREVAILING WAGE RATES
CONSTRUCTION TYPE: HEAVY AND HIGHWAY
1.
GENERAL
1.1
Laborers, workmen, and mechanics employed by the Contractor or its
Subcontractors in the execution of this Contract shall be paid not less than the general prevailing
rate of per diem wages for work or a similar character in the locality in which the work is
performed, and not less than the general prevailing rate of per diem wages for legal holidays and
overtime work.
1.2
Contractor shall comply with all requirements of the prevailing wage law of the
State of Texas, Texas Revised Civil Statutes, Article 5159A, including the latest Amendments,
thereof.
1.3
The prevailing wage law does not prohibit payment of more than the general
prevailing rate of per diem wages.
2.
PENALTY
The Contractor and any Subcontractor shall forfeit as a penalty to CPS Energy, Sixty Dollars
($60.00) for each calendar day, or portion thereof for each laborer, workman, or mechanic paid
less that the stipulated prevailing wage rate.
3.
RECORDS
The Contractor and each Subcontractor shall keep an accurate record showing the names and
occupations of all laborers, workmen and mechanics employed by him/her and the actual per diem
wages paid to each. Said records shall be open to CPS Energy's inspection or its officers and
agents, during normal working hours.
http://www.wdol.gov/wdol/scafiles/davisbacon/tx16.dvb
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EXHIBIT C
SPC-16
SPECIFICATIONS FOR INSTALLATION OF
UNDERGROUND INFRASTRUCTURE FACILITIES
1.
GENERAL
The Scope of Work includes directional boring, excavation and installation of ductlines,
streetlight foundations, manholes, vaults, concrete slabs and associated materials, as required; and
coordinating the location of existing and proposed telephone cables, TV cables, gas lines, water
lines, electric lines, sewer lines, traffic-signal cables and drainage facilities through their respective
companies. Responsibilities include the receiving, transporting and unloading of all materials
from a designated CPS Energy service center. Contractor shall provide all trenching, backfilling
of ditches, excavation, concrete/flowable fill encasement of conduits, repair of damage to any
street, road or highway, clean-up of rights-of-way disposal of asphalt/spoils and performing any
other functions identified in this specification.
CPS Energy will provide Civic Improvement Plans, when available, which include “plan
and profile” drawings for existing and proposed utilities. It is the Contractor’s responsibility to
review the plans and make the necessary adjustments to the CPS Energy electric infrastructure so
as to avoid conflicts with the proposed utilities. The Contractor shall notify the CPS Energy Field
Representative in charge of the Project if any adjustments to the CPS Energy electric infrastructure
are necessary.
2.
PLACEMENT OF INFRASTRUCTURE FACILITIES
Installation of the infrastructure facilities will follow the routes shown on the job sketches
submitted for each project assigned by the CPS Energy Field Representative. CPS Energy reserves
the right to make any changes either in the routing or quantity of facilities which may be deemed
necessary, and such changes shall in no manner alter the terms or compensation payable under this
Contract. Exact placement of CPS Energy facilities, in most instances, will be determined by the
CPS Energy Field Representative once Contractor has located all utilities and obstacles.
3.
UNDERGROUND FACILITIES
3.1
PR # 10479799
Shown or Indicated: Without warranting their accuracy, CPS Energy has provided
drawings to Contractor which generally locate existing subsurface structures and
utilities. Contractor shall excavate test holes needed to determine and identify all
existing structures and utilities which might interfere with the Work and shall
request the authority having jurisdiction (owner) of the underground facilities to
perform location services on its facilities prior to performance of the Work.
CPS Energy shall not be liable for nor responsible for the accuracy or
completeness of any information or data provided to Contractor, and
CPS Energy expressly disclaims any such warranty of accuracy or
completeness of the information or data provided to Contractor by reference
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drawing or otherwise. Contractor shall be responsible for all measurements
required for the proper execution of the Work and shall, before starting and
throughout the progress of the Work, carefully re-examine and compare the
Contract Documents and the information obtained by and provided to Contractor
to check and verify all figures and field measurements to ensure proper
construction. Conflicts or possible interference between the location of
underground facilities or subsurface structures shall be referred to CPS Energy for
a resolution before starting the Work.
Contractor shall bear the cost of and have full responsibility for all of the following,
which shall be included in the Contract Price:
a. sufficiently reviewing and checking all project site information and data, and
performing site surveys to determine site conditions and verification of
easements as is necessary for performance of the Work;
b. locating all underground facilities with the owners of the underground facilities,
including CPS Energy, during construction;
c. coordinating the Work with the owners of the underground facilities, including
CPS Energy, during construction; and
d. assuring safety and protection of all such underground facilities and providing
reimbursement for any damage thereto resulting from the Work.
3.2
Not Shown or Indicated: If an underground facility is uncovered, revealed at, or
contiguous to the project site which was not located with reasonable accuracy by
the Owner of the underground facility prior to construction, Contractor shall, after
becoming aware thereof and before further disturbing conditions affected thereby
or performing any Work in connection therewith, promptly identify the Owner of
such underground facility and give written notice to that Owner and to CPS Energy.
If Contractor concludes that an adjustment in the Contract Price is warranted to the
extent that additional Work is necessary to correct the result of any underground
facility that was not located accurately, and that Contractor could not reasonably
have been expected to be aware of or to have anticipated such an error, then any
such adjustment in Contract Price or Schedule shall be handled in accordance with
Section 14, “Changes and Additional Work.”
3.3
The Contractor shall not be entitled to any adjustment in the Contract Price if:
a. Contractor either knew or could have reasonably known by the exercise of due
diligence of the existence of underground facilities or subsurface conditions at
the time the Contractor submitted the Unit Prices in the Proposal; or,
b. The existence of such underground facility or subsurface condition could have
been discovered or revealed as a result of any examination, investigation,
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exploration, test, study, or location service at the project site and contiguous
areas as required by the Contract Documents.
4.
RIGHTS OF WAY
Rights-of-way for the purpose herein are defined as any public or private property that
CPS Energy has all rights of ingress/egress and usage of said property for the transmission or
distribution of CPS Energy utilities. CPS Energy will make available utility maps showing the
routes of the water, gas, electric, telephone, and cable TV lines. These maps will show as much
information as can be reasonably obtained by CPS Energy regarding the location of existing
utilities and structures within rights-of-way, but CPS Energy assumes no responsibility for the
accuracy or completeness of this information. Contractor will be held responsible for locating all
utilities and structures and for avoiding damage to any utility or structure, which shall include
complying with “One-Call” notification (14 days to 48 hours prior to excavation). Contractor shall
be responsible for paying for any repairs thereto or for making repairs to damaged facilities if
Owner allows Contractor to repair damaged facilities.
Contractor shall be responsible for complying with all requirements for excavation and
trench restoration, traffic barricading and control, signage, plating, etc. in public rights-of-way as
required by the appropriate entity having jurisdiction.
5.
PERMITS
CPS Energy shall be responsible for costs and for obtaining permits required for
Work in all public rights of ways (ROW), easements, railroad crossings, etc. Contractor
shall be responsible for conforming to and furnishing any requirements necessary as set forth
by city, county, state or local agencies having jurisdiction in the area of construction.
6.
MATERIALS FURNISHED BY CPS ENERGY
CPS Energy agrees to furnish materials necessary, including PVC conduits, PVC elbows,
conduit spacers, 4/0 copper wire, reinforcement steel, stirrups, anchor bolts, precast concrete pads,
manholes, manhole rings and covers, water stops, manhole neck extensions, manhole collars,
bricks for manhole finishing, bollards, butterfly valves for containment pits, drains for containment
pits, vaults, splicing pits, bricks, secondary enclosures, groundrods and groundrod clamps.
CPS Energy will issue all materials other than pipe at one or more of its Service Centers in San
Antonio, Texas. Contractor will notify the CPS Energy Representative of its requirements in
sufficient time to have the materials available when needed. The Contractor shall use materials
issued only by CPS Energy. Contractor will provide an updated list of representatives authorized
to be issued materials quarterly and will comply with the following:
a.
The list must be on Contractor’s letterhead and contain all authorized employees’ full
names and Texas Driver’s License numbers (TDL). Upon termination or loss of any
employee on the approved list, Contractor must immediately notify the CPS Energy Field
Representative by phone and submit documentation of same by facsimile.
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b.
The storeroom employee will physically view/compare the Contractor’s representative’s
TDL with the approved list. Under no circumstances will any materials be issued to any
Contractor’s representative unless that representative is listed on the approved list and
shows a valid TDL matching the information on the approved list.
c.
Contractor’s representative will submit a valid project and Release number on a
Requisition on Stores (ROS) form, a Material Return/Credit Load form, etc., with the
relevant Purchase Order, Release Number and project title, to the appropriate Storeroom
personnel, print his or her name, sign the form, and enter his or her TDL number on the
form. The Storeroom employee will ensure that both the Contractor’s representative’s
name and TDL are on the approved list and are legible on the submitted paperwork
d.
A copy of all forms signed by a Contractor’s representative will be forwarded to the
CPS Energy Field Representative. If a computer-generated form is not available, a oneline requisition may be utilized by Contractor and the material may be dispensed to the
Contractor; however, the CPS Energy Field Representative, Assistant General Foreman,
General Foreman, or Director’s signature will be obtained on the requisition within fortyeight (48) hours. The CPS Energy Field Representative, Assistant General Foreman,
General Foreman, or Director will request return of any materials from the Contractor
that may have been issued in error.
All materials shall be checked for quantity and condition upon receipt from the CPS Energy
storeroom. A written record on the CPS Energy prescribed form shall determine the amount of
materials delivered to the Contractor by CPS Energy. Lack of inspection by the Contractor will
not relieve the Contractor of liability for returning defective material to the Storeroom without cost
to CPS Energy. The Contractor shall be solely responsible for the materials after same have been
signed for by its representative. Any materials lost, stolen or damaged while the same are in
Contractor's possession shall be replaced at Contractor’s cost and expense. Upon completion of
each project, the Contractor shall promptly return any excess or salvageable materials remaining
in the Contractor’s possession to a CPS Energy Storeroom designated by the CPS Energy
Representative.
7.
MATERIALS FURNISHED BY CONTRACTOR
Contractor agrees to furnish all conduit glue and primer, concrete, a minimum 1200-lb.
nylon pull tape, controlled low-strength material (flowable fill), selected backfill, flexible base
material, asphalt stabilized base or hot mix hot-laid type “d” asphalt as specified by the entity
having jurisdiction. Contractor will provide concrete for foundations, ductlines or concrete slabs;
sand, black base, flowable fill, asphalt, rags, safety equipment, tools or propane for torches. The
Contractor shall furnish all necessary flagmen and traffic safety devices, such as cones, barricades,
warning signs, etc. as required by city, county, state or local agencies having jurisdiction in the
area of construction.
Where concrete, sand, or flowable fill are required, the Contractor will be required to
furnish and pay for the concrete, sand, or flowable fill. Where fencing, top soil, sod, grass, or other
vegetation are required to leave the property owner’s premises in as near original condition as
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possible, the Contractor will be required to furnish and pay for fence restoration, top soil, sod,
grass, or other vegetation, and two separate waterings to initiate growth. Contractor is
responsible for proper restoration, which must meet the Customer’s satisfaction.
Contractor will provide self-standing signs at the entrances and exits to each project
describing the nature of Work being done under contract with CPS Energy, the expected start and
completion dates, the Contractor name, phone number, and contact person in accordance with
established requirements from the governmental entity having jurisdiction.
8.
CLEARING AND GRADING OF RIGHTS-OF-WAY (WHEN APPLICABLE)
Contractor shall clear rights-of-way sufficiently for the installation of underground
facilities. Contractor shall be responsible for any damages to landscaping, real estate, property or
buildings. Contractor shall obtain written approval from the CPS Energy representative prior to
removal of any landscaping or permanent structure. Contractor shall be responsible for proper
disposal of any obstruction that is approved by the CPS Energy representative for removal.
Contractor shall reconstruct rights-of-way to prior grades and condition, or to conditions as
specified by entity having jurisdiction.
9.
TRAFFIC CONTROL AND BARRICADING
Contractor shall be responsible for all traffic-control requirements at its sole expense,
including barriers, signals and personnel, as required by applicable governmental entities having
jurisdiction. Written permission must be secured from the CPS Energy representative prior to
completely blocking private driveways, private roads, public roads or bridges. All traffic control,
re-routing and lane closures shall be coordinated and approved by applicable governmental
officials. Contractor shall meet with applicable Public Works officials and receive written
authorization for the traffic-control plan.
The Contractor working in any public rights-of-way is responsible for the safe movement
of traffic (pedestrian and/or vehicular) through the construction area. Contractor shall meet all
requirements for barricading and traffic control as specified in the Texas Manual on Uniform
Traffic Control Devices (TMUTCD).
a.
Only those individuals who are qualified by means of adequate training in safe trafficcontrol practices and have a basic understanding of the principles established by
applicable standards and regulations, including those in TMUTCD, should place and
maintain the traffic-control devices in the construction area.
b.
If the Contractor does not subcontract the barricading to a firm specializing in traffic
control, then he must have a trained and qualified person(s) and must submit the
qualifications and name(s) of the employees to CPS Energy and/or the applicable Public
Works personnel for approval prior to the work commencing. They must also at this time
submit for review a traffic-control plan with all signs and barricades conforming to the
requirements of the Texas Manual on Uniform Control Devices.
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10.
c.
All barricades used by the Contractor shall be of the type, size and design specified by
TMUTCD. If traffic-control devices are not supplied by a firm specializing in traffic
control, then the devices must be inspected and approved by the appropriate personnel
having the authority within the project right of way.
d.
Flashing or steady burning amber lights as specified by the TMUTCD are required on
barricades.
e.
All traffic-control devices must display accurate information describing the exact road
situation.
f.
If CPS Energy personnel or personnel representing the governmental entity having
jurisdiction finds non-compliance with the Texas Manual on Uniform Control Devices
(TMUTCD), they will notify the Contractor in writing of the violation. If the Contractor
ignores the citation, then CPS Energy or appropriate governmental entity personnel will
call a firm specializing in traffic control and place the necessary devices, as required.
The Contractor will reimburse CPS Energy or the appropriate governmental entity for all
costs for corrective measures taken. Any resulting fines shall be paid at the sole expense
of the Contractor.
g.
All traffic-control devices must be removed immediately upon reopening the roadway
and/or completion of construction.
TRAFFIC SIGNALS
Should the proposed Scope of Work conflict with the existing traffic resources (signals,
signs, and markings), the Contractor is responsible for identifying and implementing any and all
temporary measures (outside the controller box) required to continue traffic-control operations
during construction in accordance with applicable City’s Traffic Engineering and TMUTCD
guidelines. These measures, as well as the traffic management plan, are to be approved by the
applicable City’s Traffic Engineering Division.
11.
TRAFFIC MARKINGS
Traffic markings that were removed or damaged during the trenching or trench- restoration
process must be replaced by the Contractor with the same product that is existing in the road.
The markings must be replaced immediately after the trench is completely restored. The
Contractor must hire a firm specializing in the application of traffic markings and all materials,
labor and procedure must be according to the specifications of the City’s Traffic Engineering
Department. The Contractor is responsible for all costs.
12.
DELIVERY AND STORAGE OF MATERIALS
Materials issued by CPS Energy to Contractor shall become his responsibility, and
Contractor assumes liability for damage, theft or loss of said material. Adequate methods for
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material transfer and storage will be required by Contractor. Contractor and CPS Energy
representatives shall jointly inspect materials issued by CPS Energy stores and sign release forms
upon Contractor receipt.
CPS Energy shall be responsible for delivery of precast manholes and vaults to the job site.
CPS Energy’s supplier of manholes and vaults shall deliver and provide equipment required to
unload and set manholes and vaults. Contractor shall provide personnel to coordinate the setting
of manholes and vaults. Contractor shall provide five (5) business days’ advance notice of
manhole, vault and splicing pit installations to the CPS Energy representative.
13.
EXCAVATION
Equipment and General Methods - Contractor shall use such equipment and methods that
are required to excavate the earth, regardless of the type of soil conditions or depth of excavation
necessary. All conduits will have a minimum of thirty six (36) inches of cover. Contractor shall
furnish all materials and equipment necessary for the installation and maintenance of the trenches
or excavations, including water control, shoring, cofferdams, erosion control and sheet-piling.
Contractor assumes all liability for safeguarding persons and animals from injury or harm due to
accidents resulting from open trenches, open excavation or site conditions.
The Contractor and/or Contractor’s independently retained employee or safety contractor
shall review all project plans, construction sketches, specifications, geotechnical information and
anticipated excavation sites within the project work area in order to develop the Contractor’s
excavation safety plan and procedures. The excavation safety plan and procedures shall meet or
exceed all requirements identified in the Occupational Safety and Health Administration’s
(OSHA) Standard 29 CFR Part 1926, Subpart P - Excavations (7-1-94 Edition and/or most current
edition). Specifically, the Contractor and/or the Contractor's independently retained employee or
safety contractor shall develop and implement an excavation safety program in accordance with
OSHA’s standards governing the presence and activities of individuals working in and around
any excavation.
Trench Specifications - The trench shall have a minimum width and depth as specified in
Exhibit D. Excavation for the installation of manholes, vaults, splicing pits, streetlight
foundations and cable enclosures shall be at the depth necessary for subgrade installation. When
surfaced streets are cut, the paving shall be cut in neat lines defining the width of the trench to
be excavated. The cut shall extend entirely through the asphalt surfacing and shall break the base
material to a sufficient depth to assure the removal of the surfacing and base without breaking
the lines of the trench. Concrete saws, pneumatic paving chisels, or mechanically operated drop
blades may be used for asphalt surface cutting as approved by the governmental authorityexercising jurisdiction. To cut concrete driveways, streets or other concrete surfaces, a concrete
saw shall be used. All street reconstruction and trench reconstruction shall adhere to the
specifications set forth by the governing authority exercising jurisdiction within the
boundaries of the project. The cost for excavation safety in Exhibits K and K-1 shall include
the cost to provide excavation safety and shall also include the plan necessary to provide
excavation safety at the depths defined by Exhibit D.
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Directional Boring – When directed by CPS Energy, Contractor shall perform conduit
installation via directional boring. Contractor may elect to install conduit(s) via directional boring
when not required by CPS Energy, but in those instances Contractor will be paid based on pricing
submitted for open trenching. Contractor shall comply with all applicable regulations as set forth
by the appropriate governmental agency having jurisdiction.
Contractor shall bore an appropriate-sized hole (usually about 1.5 times the diameter of
conduit(s) being installed) under the roadway, drain, or creek and shall pull the conduit(s) through
the bore taking necessary care to avoid damage to the conduit(s). Contractor shall pull a minimum
of 10 extra feet of conduit(s) throughout the borehole for inspection by the CPS Energy field
representative. If the conduit(s) exhibit signs of damage due to scratching or gouging, an
additional 10 feet of conduit(s) shall be pulled for inspection. This process shall be repeated until
the CPS Energy field representative is satisfied that the condition of the conduit is acceptable.
CPS Energy will replace, at no charge to the Contractor, conduit(s) damaged as a result of
scratching or gouging when the conduit(s) are pulled through the first time. The Contractor will
be responsible for any conduit damage on subsequent pulls at his sole cost. Contractor shall
perform any additional excavation necessary to achieve the minimum cover required at bore
entrance and exit pits.
Contractor shall be responsible for providing bentonite or other alternative fluid(s) to
conduct directional boring and shall also be responsible for disposal of such drilling fluid(s).
Spoils and drilling fluid(s) shall not be disposed of into storm, sanitary or other drainage systems.
Disposal of drilling fluid(s) shall be in accordance with local governmental agency requirements.
CPS Energy will locate and expose for Contractor other utility lines that may be in the way.
CPS Energy will be responsible for damage to utilities which have not been located for Contractor.
The Contractor will be responsible for damage to utilities which have been located for Contractor.
Contractor shall be paid in accordance with Exhibits J, J-1 and J-2 only if the bore is
successful. All Contractor costs shall be included in the directional bore footage rates listed in
Exhibits J, J-1 and J-2.
Blasting - No blasting will be permitted by CPS Energy.
Hand-Excavation - In all cases where shrubbery, trees or valuable growing timber is
encountered in the right of way and in any locations where, in the opinion of CPS Energy, the use
of ditching equipment may result in unnecessary damage or injury to property crossed by the right
of way, CPS Energy may require the ditch to be excavated by hand or other approved method.
Temporary Bridges - When the trench is excavated and it is desirable for the property
owner or tenant to have a passageway across the excavation, Contractor shall provide safe,
temporary bridges that shall support vehicular or pedestrian traffic. Temporary bridges shall be a
minimum of 5/8-inch steel plate. Contractor shall plate all trenches as required by the governing
authority that has jurisdiction on site.
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Additional Depth of Trench - When excavating across or adjacent to, or within the right of
way of roads or highways, railroads, drainage ditches, creeks, ravines and other courses and also
at points where the contour of the earth may require extra depth, Contractor shall be compensated,
in accordance with Exhibits K and K-1, to excavate to such additional depth as may be necessary
to meet the requirements of CPS Energy and any public or private authority having jurisdiction
over same. The cost for excavation safety in Exhibits K and K-1 shall include the cost to provide
excavation safety and shall also include the plan necessary to provide excavation safety at the
depths defined by Exhibits K and K-1.
Dust Control - Contractor shall comply with regulations of the governmental agency
having jurisdiction concerning dust control.
14.
PROTECTION OF CONDUIT ENDS
During the course of construction, diligent care shall be exercised to keep the electric
conduits clean. At the end of each day’s work and at other times that the ends of the installed
conduits are left unattended, the ends shall be securely closed to prevent the entrance of water,
animals, trash or any other obstructions and shall not be opened until work is resumed.
If there is reasonable cause to believe that water, trash or other obstruction is in a portion
of the line, the Contractor shall take whatever steps are necessary to assure CPS Energy that there
is no water, trash or other obstruction in the line or to remove the water or other foreign matter if
it is in the line. Such steps to assure that such matter is not present or to remove it shall be at the
Contractor’s expense.
15.
CONDUIT INSTALLATION
Before the conduit is lowered into the trench, a crew of men shall “crumb out” the trench
until it is free of rocks and clods. All stumps and roots found in the ditch line shall be cut so that
they will not come in contact with the conduit. All loose rocks, stones, blocks, skids, chocks, tools,
heavy clods, treelimbs and other items which may damage the conduit shall be removed from the
bottom of the ditch before the conduit is lowered in. The trench shall be straight and level and
shall not deviate vertically or horizontally without approval from an authorized CPS Energy
representative. Conduit spacers shall be installed every four feet. Contractor shall anchor (tie
wire) all conduits to conduit spacers for conduits that are installed in spacers that are not sized for
the conduit (all conduits less than 4 inches in diameter).
Conduits shall be installed into manholes, vaults, splicing pits, secondary cable enclosures
and concrete slabs, as required. All conduit sections, ells, etc., will be joined with primer and glue.
A nylon pull tape shall be installed in each conduit segment between termination points. All
conduit runs that are capped for future use shall be inspected by the CPS Energy representative
prior to the conduit end being terminated. Contractor shall blow a mouse through conduit to verify
clear raceway. Note: Gradual ductbank sweeps that require the heating of conduits shall be
expected throughout the job and pricing shall be inclusive in Exhibits J, J-1, K and K-1.
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16.
CONCRETE ENCASEMENT
Conduits in ductbank configurations shall be encased three inches above, below and on
both sides of conduits with 2000-psi pea-gravel concrete for CPS Energy-only ductbanks. In the
event of a joint-trench ductbank installation with other utilities, the conduits belonging to other
utilities shall be encased in flowable fill. No concrete or flowable fill shall be poured unless
approved or inspected by the CPS Energy field representative.
The Contractor shall be responsible for anchoring conduits and spacers to the trench and
preventing the conduits and spacers from floating prior to pouring greater than twenty (20) feet of
ductbank.
The Contractor will be responsible for the installation of any non-concrete encased conduit
in the trench. The diameter of the conduit will vary from two (2) inches to six (6) inches. The
conduit will be installed on top of the concrete encasements and will at no time be in, or be part
of, the encasements.
17.
BACKFILLING
Trenches in public roadways will be backfilled and paved in accordance with the
requirements of the governmental authority having jurisdiction over the public right of way.
Contractor shall not use soil from the right of way except from the spoil bank which means the
soil that was excavated from the trench. Any surplus spoils shall be disposed of by the Contractor.
The Contractor shall be responsible for the stockpiling and disposal of all asphalt spoils. Typical
backfilling requires the trench to be backfilled with selected quality material compacted to 90%
density in 12-inch, maximum, lifts with a hot-mix, hot-lay asphalt type "d" utilized for pavement
replacement. The Contractor may be required to provide flowable fill as backfill in multiple lifts
by the appropriate governmental entity having jurisdiction.
18.
INSTALLATION OF CABLE ENCLOSURES
Secondary cable enclosures (see Exhibit E) PVC 90s, groundrods and groundrod clamps
shall be installed by the Contractor, as required. The secondary enclosure (pedestal) will be
ground-leveled, using fill materials if, required, and compacted to final grade. Contractor will
work with the CPS Energy inspector to align the ends of conduits into the secondary enclosure, as
required. Conduit shall be protected to prevent entrance of dirt and water.
Exhibit E indicates a typical installation and is not necessarily the position of either the
transformer pad or secondary enclosure. For the exact position and location, Contractor is to refer
to CPS Energy job sketches and/or the CPS Energy Inspector.
19.
CONCRETE SLAB INSTALLATION
Contractor shall install and assemble all conduits, re-enforcement steel and groundrods as
specified on CPS Energy job sketches. Concrete shall be 2500-psi regular. Contractor shall supply
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all form material necessary for construction of concrete slabs. See Exhibit F for slab construction
details without conduit entrances. No concrete shall be poured unless approved or inspected
by the CPS Energy field representative.
20.
MANHOLE, VAULT AND SPLICING PIT INSTALLATION
Contractor shall excavate earth to allow the top of the manhole roof to be installed at a
minimum of 30 inches below finished grade for non-roadway locations and 36 inches below final
paved surface for roadway installations. See Exhibit G for manhole and vault details. Additional
depths may be required to accommodate ductlines, obstacles or grade changes. Contractor will be
responsible for installing manhole neck (brick) to the proper final elevation. Contractor shall also
install concrete collar for ring and cover installation. Note: At Contractor’s discretion, a 12-inch
(height) concrete collar may be substituted in lieu of masonry brick; however, Contractor shall be
required to provide a minimum of 2 layers of brick between the manhole ring and the 12-inch
collar. Pricing shall be included in Contractor’s proposal.
Vaults shall be installed such that the top of roof is six (6) inches above final grade.
Contractor shall be responsible for installing the vault to the proper final elevation.
Splicing pits shall be installed such that the top of the roof is even with final grade. Under
no condition shall splicing pits be installed in driveable areas.
21.
TRENCH WARRANTY
Contractor shall warrant all trenches, street reconstruction and installations against failure,
due to poor workmanship, for a period of two (2) years.
22.
EXCAVATION SAFETY REQUIREMENTS
Contractor shall develop excavation safety plans according to all applicable OSHA
requirements/standards governing the presence and actions of individuals working in and around
any excavation. Excavation safety costs shall be itemized in Exhibits K and K-1. Additional
excavation safety costs for manholes and trenches requiring additional depths shall be
compensated based on Exhibit K and K-1 Unit Adjustment Prices.
23.
JOINT-TRENCH REQUIREMENTS
Exhibit D contains CPS Energy design standards for ductlines, ductbanks and trenches.
For ductbank installations, the required number of rows and columns is defined by the following:
Each utility’s proposed conduit shall be within its designated row or rows with a maximum of
three conduits per row. Each utility’s conduits shall not share rows when commonly encased.
CPS Energy shall be at the bottom of the trench with AT&T always above CPS Energy and Time
Warner Cable always above AT&T and other utility company conduits above Time Warner Cable.
In joint-trench installations, all conduits being installed for other utility companies shall be encased
in flowable fill.
PR # 10479799
Ex C –Page 11 of 11
Document1
EXHIBIT D
SPECIFICATIONS FOR DUCTLINES, DUCTBANKS AND TRENCHES
DUCTLINE, DUCTBANK AND TRENCH DRAWING LISTING
(See PDF Attachment for drawings)
STANDARD
DUCTBANK
DRAWINGS
1R/1C - S
2R/1C - S
3R/1C - S
1R/2C - S
2R/2C - S
3R/2C - S
1R/3C - S
2R/3C - S
3R/3C - S
4R/3C - S
5R/3C - S
6R/3C - S
7R/3C - S
8R/3C - S
9R/3C - S
10R/3C - S
11R/3C - S
12R/3C - S
PR # 10479799
COMPACT
DUCTBANK
DRAWINGS
1R/1C - C
2R/1C - C
3R/1C - C
1R/2C - C
2R/2C - C
3R/2C - C
1R/3C - C
2R/3C - C
3R/3C - C
4R/3C - C
5R/3C - C
6R/3C - C
7R/3C - C
8R/3C - C
9R/3C - C
10R/3C - C
11R/3C - C
12R/3C - C
Ex D – Page 1 of 1
TRENCH
DRAWINGS
T1
T2
T3
T4
T5
T6
T7
T8
T9
Document1
EXHIBIT E
UNDERGROUND SECONDARY ENCLOSURE SPECIFICATIONS
(Drawings 1 – 3)
(See PDF Attachment for drawings)
PR # 10479799
Ex E – Page 1 of 1
Document1
EXHIBIT F
SLAB SPECIFICATIONS
(Drawings 4 – 21)
(See PDF Attachment for drawings)
PR # 10479799
Ex F – Page 1 of 1
Document1
EXHIBIT G
MANHOLE AND VAULT SPECIFICATIONS
(Drawings 22 – 40)
(See PDF Attachment for drawings)
PR # 10479799
Ex G – Page 1 of 1
Document1
EXHIBIT H
URD SPLICE BOX SPECIFICATIONS
(Drawing 41)
(See PDF Attachment for drawings)
PR # 10479799
Ex H – Page 1 of 1
Document1
EXHIBIT I
STREETLIGHT FOUNDATION & BOLLARD SPECIFICATIONS
(Drawing 42, 43, and 44)
And
STREETLIGHT CONCRETE BACKFILL DRAWINGS
(U-S-052-5-0, 3-0 and 4-0)
(See PDF Attachment for drawings)
PR # 10479799
Ex I – Page 1 of 1
Document1
EXHIBIT I-1
SWITCHGEAR SLAB DETAIL DRAWINGS
(9’X7’, 15’X7’ and 17’x7’)
(See PDF Attachment for drawings)
PR # 10479799
Ex I-1 – Page 1 of 1
Document1
EXHIBIT J
UNIT PRICES FOR UNDERGROUND INFRASTRUCTURE FACILITIES IN DIRT
(See attached Excel File)
PR # 10479799
Ex J – Page 1 of 1
Document1
EXHIBIT J-1
UNIT PRICES FOR UNDERGROUND INFRASTRUCTURE FACILITIES IN ROCK
(See attached Excel File)
PR # 10479799
Ex J-1 – Page 1 of 1
Document1
EXHIBIT J – 2
BORING UNIT PRICE SCHEDULE
I. HORIZONTAL BORE – RATES PER LINEAR FOOT
SIZE
DIRT/
CALICHE
GRAVEL
ROCK
HARDROCK
GROUTING
8”
12”
16”
20”
24”
30”
36”
42”
48”
54”
60”
II. EXCAVATION PITS – RATES PER PIT
A. BORE PIT (APPROX. 35’L X10’ W) PLUS RECEIVING PIT (APPROX 12’ X 10’)
DIRT/
DEPTH CALICHE
GRAVEL
ROCK
TRENCH
EXCAVATION
HARDROCK
SAFETY
8’
10’
12’
14’
16’
18’
20’
22’
24’
PR # 10479799
Ex J-2 – Page 1 of 4
Document1
B. BORE PIT (APPROX. 35’L X14’ W) PLUS RECEIVING PIT (APPROX 14’ X 14’)
DIRT/
DEPTH CALICHE
GRAVEL
ROCK
TRENCH
EXCAVATION
HARDROCK
SAFETY
8’
10’
12’
14’
16’
18’
20’
22’
24’
C. BORE PIT (APPROX. 35’L X16’ W) PLUS RECEIVING PIT (APPROX 16’ X 16’)
TRENCH
DIRT/
EXCAVATION
DEPTH CALICHE
GRAVEL
ROCK
HARDROCK
SAFETY
8’
10’
12’
14’
16’
18’
20’
22’
24’
PR # 10479799
Ex J-2 – Page 2 of 4
Document1
D. BORE PIT (APPROX. 20’L X6’ W) PLUS RECEIVING PIT (APPROX 12’ X 10’)
TRENCH
DIRT/
EXCAVATION
DEPTH CALICHE
GRAVEL
ROCK
HARDROCK
SAFETY
8’
10’
12’
14’
16’
18’
20’
22’
24’
III. CASING RATES PER LINEAR FOOT
CASING WALL THICKNESS SHALL BE THE GREATER OF ¼” OR TXDOT
STANDARD
SIZE
8”
12”
16”
20”
24”
30”
36”
42”
48”
54”
60”
STEEL
_______
_______
_______
_______
_______
_______
_______
_______
_______
_______
_______
SCHED 80 PVC
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
IV.
ASPHALTING
(to be provided if necessary) $______ per square yard
PR # 10479799
Ex J-2 – Page 3 of 4
Document1
V.
MISCELLANEOUS
1. If required to remove surplus dirt from pits offsite, the charge will be an additional
$_____per cubic yard.
2. Compacted backfill of boring pits with natural ground $________ per cubic yard.
3. Provide grouting and/or flowable fill material only $_________ per cubic yard.
NOTE: The above rates shall include all cost for labor, equipment, materials and
supplies, barricades, signs, traffic control, transportation, mobilization, demobilization
and per diem to provide the work specified under this Agreement.
VI.
RAILROAD CROSSINGS
All fees incurred on railroad crossings shall be billed to CPS Energy on a per-job basis.
Contractors shall submit supporting documentation to verify the charges billed.
VII. MATERIALS
Contractor shall submit a separate invoice for materials purchased by Contractor on behalf
of CPS Energy. All materials shall be billed at cost and shall be paid net thirty (30) days from
receipt of invoice and documentation verifying the charges billed.
CONTRACTOR
By:
Printed Name:
Title:
Date:
PR # 10479799
Ex J-2 – Page 4 of 4
Document1
EXHIBIT J-3
COST OF PERFORMANCE AND PAYMENT BONDS
PERFORMANCE AND PAYMENT BONDS. The Contractor shall be reimbursed for the
premium cost of the Performance and Payment Bonds acquired in accordance with Article
23 at
% of the estimated value of the contract.
CONTRACTOR
By:
Printed Name:
Title:
Date:
PR # 10479799
Ex J-3 – Page 1 of 1
Document1
EXHIBIT K
UNIT ADJUSTMENT PRICES FOR
UNDERGROUND INFRASTRUCTURE FACILITIES IN DIRT
The following unit prices shall be used to adjust the Total Price for Underground Infrastructure Facilities
in dirt conditions in accordance with Section 14, “Changes and Additional Work”, to compensate for
modifications to the work as described for each adjustment unit. The adjustment unit prices in Exhibit K
will be applied only when unit prices have not been established for particular items (i.e., ductbanks,
manholes, pedestals, and streetlight foundation) for additions requested by CPS Energy. Each unit
adjustment price shall represent the total cost of the specific unit of work to be billed to CPS Energy for
additions, or to be deducted from the Total Price for Underground Infrastructure deletions, due to changes
requested by CPS Energy. Each unit price is a firm price, that includes furnishing and installing the specific
unit designated (unless otherwise noted), and includes all associated overhead, field supervision,
construction equipment, materials and appurtenances, tools, indirect and other associated costs, including
profit mark-up.
DUCTLINES: Costs include excavation, flowable fill, 2000-psi pea-gravel concrete, backfill and tamping,
asphalt base and asphalt, as required, and the installation of conduit, conduit spacers, and 4/0 bare copper
wire. See Exhibit D for detailed ductline drawings. Note: Removal or installation of additional conduit
(2”, 3”, or 4”) should not incur additional cost.
An excavation safety cost shall be applied as a base cost when ductline trenches exceed 5 ft. in depth.
Additional trench depths and/or excavation safety trench depths 6 inches or greater shall be rounded off
to the nearest vertical linear foot for compensation.
ITEM
PROPOSAL
NO.
DESCRIPTION
PROPOSAL UNIT
AMOUNT
ADDITIONAL TRENCH DEPTHS
(Items 1,2, 3,4 & 5 should be estimated for worst
case trench depth. Costs should be incremental
costs. All other depths within the range shall be
compensated based on prorated costs. Costs
include additional backfill.)
1.
For Existing Trench Depth up to
4 Feet, An Additional Depth Of:
a. 1 - 4 ft.
Per Each
Vert. Lin. Ft. of Trench
$
b. 4 - 8 ft.
Per Each
Vert. Lin. Ft. of Trench
$
c. 8 - 12 ft.
Per Each
Vert. Lin. Ft. of Trench
$
d. 12 - 16 ft.
Per Each
Vert. Lin. Ft. of Trench
$
PR # 10479799
Ex K - Page 1 of 8
Document1
ITEM
NO.
2.
3.
4.
DESCRIPTION
PROPOSAL UNIT
PROPOSAL
AMOUNT
For Existing Trench Depth from
4 to 5 Feet, An Additional Depth Of:
a. 0 - 4 ft.
Per Each
Vert. Lin. Ft. of Trench
$
b. 4 - 8 ft.
Per Each
Vert. Lin. Ft. of Trench
$
c. 8 - 12 ft.
Per Each
Vert. Lin. Ft. of Trench
$
d. 12- 16 ft.
Per Each
Vert. Lin. Ft. of Trench
$
a. 0 - 4 ft.
Per Each
Vert. Lin. Ft. of Trench
$
b. 4 - 8 ft.
Per Each
Vert. Lin. Ft. of Trench
$
c. 8 - 12 ft.
Per Each
Vert. Lin. Ft. of Trench
$
d. 12 - 16 ft.
Per Each
Vert. Lin. Ft. of Trench
$
a. 0 - 4 ft.
Per Each
Vert. Lin. Ft. of Trench
$
b. 4 - 8 ft.
Per Each
Vert. Lin. Ft. of Trench
$
c. 8 - 12 ft.
Per Each
Vert. Lin. Ft. of Trench
$
d. 12- 16 ft.
Per Each
Vert. Lin. Ft. of Trench
$
For Existing Trench Depth from
5 to 7 Feet, An Additional Depth Of:
For Existing Trench Depth from
7 to 9 Feet, An Additional Depth Of:
PR # 10479799
Ex K - Page 2 of 8
Document1
ITEM
NO.
5.
DESCRIPTION
PROPOSAL UNIT
PROPOSAL
AMOUNT
For Existing Trench Depth from
9 to 11 Feet, An Additional Depth Of:
a. 0 - 4 ft.
Per Each
Vert. Lin. Ft. of Trench
$
b. 4 - 8 ft.
Per Each
Vert. Lin. Ft. of Trench
$
c. 8 - 12 ft.
Per Each
Vert. Lin. Ft. of Trench
$
a. 0 - 4 ft.
Per Each
Vert. Lin. ft. of Trench
$
b. 4 - 8ft.
Per Each
Vert. Lin. ft. of Trench
$
c. 8 - 12 ft.
Per Each
Vert. Lin. ft. of Trench
$
d. 12 - 16 ft.
Per Each
Vert. Lin. ft. of Trench
$
EXCAVATION SAFETY
REQUIREMENTS
(For Trenches Requiring Additional
Depths: Items 6, 7, 8, 9 & 10 should be
estimated for worst-case trench depth.
Costs should be incremental costs. All
other depths within the range shall be
compensated based on prorated costs.
Costs includes additional backfill.)
6.
7.
For Existing Trench Depth up to
4 Feet, An Additional Depth of:
For Existing Trench Depth from
4 to 5 Feet, An Additional Depth f:
a. 0 - 4 ft.
Per Each
Vert. Lin. ft. of Trench
$
b. 4 - 8 ft.
Per Each
Vert. Lin. ft. of Trench
$
c. 8 - 12 ft.
Per Each
Vert. Lin. ft. of Trench
$
d. 12- 16 ft.
Per Each
Vert. Lin. ft. of Trench
$
PR # 10479799
Ex K - Page 3 of 8
Document1
ITEM
NO.
8.
9.
10.
DESCRIPTION
PROPOSAL UNIT
PROPOSAL
AMOUNT
For Existing Trench Depth from
5 to 7 Feet, An Additional Depth of:
a. 0 - 4 ft.
Per Each
Vert. Lin. ft. of Trench
$
b. 4 - 8 ft.
Per Each
Vert. Lin. ft. of Trench
$
c. 8 - 12 ft.
Per Each
Vert. Lin. ft. of Trench
$
d. 12- 16 ft.
Per Each
Vert. Lin. ft. of Trench
$
a. 0 - 4 ft.
Per Each
Vert. Lin. ft. of Trench
$
b. 4 - 8 ft.
Per Each
Vert. Lin. ft. of Trench
$
c. 8 - 12 ft.
Per Each
Vert. Lin. ft. of Trench
$
d. 12- 16 ft.
Per Each
Vert. Lin. ft. of Trench
$
a. 0 - 4 ft.
Per Each
Vert. Lin. ft. of Trench
$
b. 4 - 8 ft.
Per Each
Vert. Lin. ft. of Trench
$
c. 8 - 12 ft.
Per Each
Vert. Lin. ft. of Trench
$
For Existing Trench Depth from
7 to 9 Feet, An Additional Depth of:
For Existing Trench Depth from
9 to 11 Feet, An Additional Depth of:
PR # 10479799
Ex K - Page 4 of 8
Document1
ITEM
NO.
DESCRIPTION
PROPOSAL UNIT
PROPOSAL
AMOUNT
PRECAST MANHOLES
ADDITIONAL EXCAVATION DEPTHS
(For items 11 through 19, manhole installation
costs shall be based on linear foot of additional
depth. Costs should be incremental costs.
Excavation costs should be estimated for
worst-case additional depth. All depths within
the range shall be compensated based on
prorated costs.)
11.
For Existing Manhole Dimensions Of
4’L x 4’W x 7’H, An Additional Depth
of:
a. 0 – 4 ft.
b. 4 – 8 ft.
12.
Per Vert. ft.
Per Vert. ft.
$
$
Per Vert. ft.
Per Vert. ft.
$
$
Per Vert. ft.
Per Vert. ft.
$
$
For Existing Manhole Dimensions Of
5’L x 5’W x 7’H, An Additional Depth
of:
a.
b.
13.
For Existing Manhole Dimensions Of
7’L x 7’W x 7’H, An Additional Depth
of:
a.
b.
14.
0 - 4 ft.
4 - 8 ft.
For Existing Manhole Dimensions Of
8’L x 8’W x 8’H, An Additional Depth
of:
a.
b.
15.
0 - 4 ft.
4 - 8 ft.
0 - 4 ft.
4 - 8 ft.
Per Vert. ft.
Per Vert. ft.
$
$
Per Vert. ft.
Per Vert. ft.
$
$
For Existing Manhole Dimensions Of
8’L x 8’W x 10’H, An Additional Depth
of:
a.
b.
PR # 10479799
0 - 4 ft.
4 - 8 ft.
Ex K - Page 5 of 8
Document1
ITEM
NO.
16.
17.
18.
DESCRIPTION
PROPOSAL
AMOUNT
For Existing Manhole Dimensions Of
10’L x 7’W x 10’H, An
Additional Depth of:
a. 0 – 4 ft.
b. 4 – 8 ft.
Per Vert. ft.
Per Vert. ft.
$
$
For Existing Manhole Dimensions Of
10’L x 10’W x 10’H, An
Additional Depth of:
a. 0 – 4 ft.
b. 4 – 8 ft.
Per Vert. ft.
Per Vert. ft.
$
$
Per Vert. ft.
Per Vert. ft.
$
$
Per Vert. ft.
Per Vert. ft.
$
$
For Existing Manhole Dimensions Of
10’L x 10’W x 12’H, An Additional
Depth of:
a.
b.
19.
PROPOSAL UNIT
0 - 4 ft.
4 - 8 ft.
For Existing Manhole Dimensions Of
12’L x 12’W x 12’H, An Additional
Depth of:
a. 0 – 4 ft.
b. 4 – 8 ft.
PRECAST MANHOLE EXCAVATION
SAFETY REQUIREMENTS
(Items 20 through 27, For Manholes requiring
additional depths. Costs should be
incremental costs. Manhole excavation safety
costs shall be based on linear foot of additional
depth. Excavation safety costs should be
estimated for worst case additional depth. All
depths within the range shall be compensated
based on prorated costs.)
20.
For Existing Manhole Dimensions Of
4’L x 4’W x 7’H, An Additional Depth
of:
a. 0 – 4 ft.
b. 4 – 8 ft.
PR # 10479799
Per Vert. ft.
Per Vert. ft.
Ex K - Page 6 of 8
$
$
Document1
ITEM
NO.
21.
DESCRIPTION
PROPOSAL UNIT
For Existing Manhole Dimensions Of
5’L x 5’W x 7’H, An Additional Depth
of:
a. 0 - 4 ft.
b. 4 - 8 ft.
22.
$
$
Per Vert. ft.
Per Vert. ft.
$
$
Per Vert. ft.
Per Vert. ft.
$
$
Per Vert. ft.
Per Vert. ft.
$
$
Per Vert. ft.
Per Vert. ft.
$
$
For Existing Manhole Dimensions Of
10’L x 10’W x 10’H, An Additional
Depth of:
a. 0 - 4 ft.
b. 4 - 8 ft.
26.
Per Vert. ft.
Per Vert. ft.
For Existing Manhole Dimensions Of
8’L x 8’W x 10’H, An Additional Depth
of:
a. 0 – 4 ft.
b. 4 – 8 ft.
25.
$
$
For Existing Manhole Dimensions Of
8’L x 8’W x 8’H, An Additional Depth
of:
a. 0 - 4 ft.
b. 4 - 8 ft.
24.
Per Vert. ft.
Per Vert. ft.
For Existing Manhole Dimensions Of
7’L x 7’W x 7’H, An Additional Depth
of:
a. 0 - 4 ft.
b. 4 - 8 ft.
23.
PROPOSAL
AMOUNT
For Existing Manhole Dimensions Of
10’L x 10’W x 12’H, An Additional
Depth of:
a. 0 - 4 ft.
b. 4 – 8 ft.
PR # 10479799
Ex K - Page 7 of 8
Document1
ITEM
NO.
27.
DESCRIPTION
PROPOSAL UNIT
PROPOSAL
AMOUNT
For Existing Manhole Dimensions Of
12’L x 12’W x 12’H, An Additional
Depth of:
a. 0 – 4 ft.
b. 4 - 8 ft.
Per Vert. ft.
Per Vert. ft.
$
$
CONTRACTOR
By:
Printed Name:
Title:
Date:
PR # 10479799
Ex K - Page 8 of 8
Document1
EXHIBIT K-1
UNIT ADJUSTMENT PRICES FOR
UNDERGROUND INFRASTRUCTURE FACILITIES IN SOLID ROCK
The following unit prices shall be used to adjust the Total Price for Underground Infrastructure
Facilities in solid rock conditions in accordance with Section 14, “Changes and Additional Work,”
to compensate for modifications to the work as described for each adjustment unit. The adjustment
unit prices in Exhibit K-1 will be applied only where unit prices have not been established for
particular items (i.e., ductbanks, manholes, pedestals, and streetlight foundation) for additions
requested by CPS Energy. Each unit adjustment price shall represent the total cost of the specific
unit of work to be billed to CPS Energy for additions, or to be deducted from the Total Price for
Underground Infrastructure deletions, due to changes requested by CPS Energy. Each unit price
is a firm price, that includes furnishing and installing the specific unit designated (unless otherwise
noted), and includes all associated overhead, field supervision, construction equipment, materials
and appurtenances, tools, indirect and other associated costs including profit mark-up.
DUCTLINES: Costs include excavation, flowable fill, 2000-psi pea-gravel concrete, backfill and
tamping, asphalt base and asphalt, as required, and the installation of conduit, conduit spacers, and
4/0 bare copper wire. See Exhibit D for detailed ductline drawings. Note: Removal or
installation of additional conduit (2”, 3”, or 4”) should not incur additional cost.
Excavation safety cost shall be applied as a base cost when ductline trenches exceed 5 ft. in depth.
Additional trench depths and/or excavation safety trench depths 6 inches or greater shall be
rounded off to the nearest vertical linear foot for compensation.
ITEM
NO.
DESCRIPTION
PROPOSAL UNIT
PROPOSAL
AMOUNT
ADDITIONAL TRENCH DEPTHS
(Items 1,2, 3, 4, & 5 should be estimated for
worst-case trench depth. Costs should be
incremental costs. All other depths within the
range shall be compensated based on prorated
costs. Costs include additional backfill.)
1.
For Existing Trench Depth up to
4 Feet, An Additional Depth of:
Per Each
Vert. Lin. ft. of Trench
a. 1 - 4 ft.
Per Each
Vert. Lin. ft. of Trench
Per Each
Vert. Lin. ft. of Trench
Per Each
Vert. Lin. ft. of Trench
b. 4 - 8 ft.
c. 8 - 12 ft.
d. 12 - 16 ft.
PR # 10479799
Ex K-1 - Page 1 of 8
$
$
$
$
Document1
ITEM
NO.
2.
3.
4.
DESCRIPTION
PROPOSAL UNIT
PROPOSAL
AMOUNT
For Existing Trench Depth from
4 to 5 Feet, An Additional Depth of:
a. 0 - 4 ft.
Per Each
Vert. Lin. ft. of Trench
$
b. 4 - 8 ft.
Per Each
Vert. Lin. ft. of Trench
$
c. 8 - 12 ft.
Per Each
Vert. Lin. ft. of Trench
$
d. 12- 16 ft.
Per Each
Vert. Lin. ft. of Trench
$
a. 0 - 4 ft.
Per Each
Vert. Lin. ft. of Trench
$
b. 4 - 8 ft.
Per Each
Vert. Lin. ft. of Trench
$
c. 8 - 12 ft.
Per Each
Vert. Lin. ft. of Trench
$
d. 12 - 16 ft.
Per Each
Vert. Lin. ft. of Trench
$
a. 0 - 4 ft.
Per Each
Vert. Lin. ft. of Trench
$
b. 4 - 8 ft.
Per Each
Vert. Lin. ft. of Trench
$
c. 8 - 12 ft.
Per Each
Vert. Lin. ft. of Trench
$
d. 12- 16 ft.
Per Each
Vert. Lin. ft. of Trench
$
For Existing Trench Depth from
5 to 7 Feet, An Additional Depth of:
For Existing Trench Depth from
7 to 9 Feet, An Additional Depth of:
PR # 10479799
Ex K-1 - Page 2 of 8
Document1
ITEM
NO.
5.
DESCRIPTION
PROPOSAL UNIT
PROPOSAL
AMOUNT
For Existing Trench Depth from
9 to 11 Feet, An Additional Depth of:
a. 0 - 4 ft.
Per Each
Vert. Lin. ft. of Trench
$
b. 4 - 8 ft.
Per Each
Vert. Lin. ft. of Trench
$
c. 8 - 12 ft.
Per Each
Vert. Lin. ft. of Trench
$
a. 0 - 4 ft.
Per Each
Vert. Lin. ft. of Trench
$
b. 4 - 8ft.
Per Each
Vert. Lin. ft. of Trench
$
c. 8 - 12 ft.
Per Each
Vert. Lin. ft. of Trench
$
d. 12 - 16 ft.
Per Each
Vert. Lin. ft. of Trench
$
a. 0 - 4 ft.
Per Each
Vert. Lin. ft. of Trench
$
b. 4 - 8 ft.
Per Each
Vert. Lin. ft. of Trench
$
c. 8 - 12 ft.
Per Each
Vert. Lin. ft. of Trench
$
d. 12- 16 ft.
Per Each
Vert. Lin. ft. of Trench
$
EXCAVATION SAFETY REQUIREMENTS
(For Trenches Requiring Additional Depths:
Items 6, 7, 8, 9 & 10 should be estimated for
worst-case trench depth. Costs should be
incremental costs. All other depths within the
range shall be compensated based on
prorated costs. Costs includes additional
backfill.)
6.
7.
For Existing Trench Depth up to
4 Feet, An Additional Depth of:
For Existing Trench Depth from
4 to 5 Feet, An Additional Depth of:
PR # 10479799
Ex K-1 - Page 3 of 8
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ITEM
NO.
8.
DESCRIPTION
10.
PROPOSAL
AMOUNT
For Existing Trench Depth from
5 to 7 Feet, An Additional Depth of:
b. 4 - 8 ft.
Per Each
Vert. Lin. ft. of Trench
Per Each
Vert. Lin. ft. of Trench
c. 8 - 12 ft.
Per Each
Vert. Lin. ft. of Trench
$
d. 12- 16 ft.
Per Each
Vert. Lin. ft. of Trench
$
a. 0 - 4 ft.
Per Each
Vert. Lin. ft. of Trench
$
b. 4 - 8 ft.
Per Each
Vert. Lin. ft. of Trench
$
c. 8 - 12 ft.
Per Each
Vert. Lin. ft. of Trench
$
d. 12- 16 ft.
Per Each
Vert. Lin. ft. of Trench
$
a. 0 - 4 ft.
Per Each
Vert. Lin. ft. of Trench
$
b. 4 - 8 ft.
Per Each
Vert. Lin. ft. of Trench
$
c. 8 - 12 ft.
Per Each
Vert. Lin. ft. of Trench
$
a. 0 - 4 ft.
9.
PROPOSAL UNIT
$
$
For Existing Trench Depth from
7 to 9 Feet, An Additional Depth of:
For Existing Trench Depth from
9 to 11 Feet, An Additional Depth of:
PR # 10479799
Ex K-1 - Page 4 of 8
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ITEM
NO.
DESCRIPTION
PROPOSAL UNIT
PROPOSAL
AMOUNT
PRECAST MANHOLES
ADDITIONAL EXCAVATION DEPTHS
(For items 11 through 19, Manhole installation
costs shall be based on linear foot of additional
depth. Costs should be incremental costs.
Excavation costs should be estimated for
worst-case additional depth. All depths within
the range shall be compensated based on
prorated costs.)
11.
For Existing Manhole Dimensions of
4’L x 4’W x 7’H, An Additional Depth
of:
a. 0 – 4 ft.
b. 4 – 8 ft.
12.
0 - 4 ft.
4 - 8 ft.
Per Vert. ft.
Per Vert. ft.
$
$
Per Vert. ft.
Per Vert. ft.
$
$
For Existing Manhole Dimensions of
7’L x 7’W x 7’H, An Additional Depth
of:
a.
b.
14.
$
$
For Existing Manhole Dimensions of
5’L x 5’W x 7’H, An Additional Depth
of:
a.
b.
13.
Per Vert. ft.
Per Vert. ft.
0 - 4 ft.
4 - 8 ft.
For Existing Manhole Dimensions of
8’L x 8’W x 8’H, An Additional Depth
of:
a.
b.
PR # 10479799
0 - 4 ft.
4 - 8 ft.
Per Vert. ft.
Per Vert. ft.
Ex K-1 - Page 5 of 8
$
$
Document1
ITEM
NO.
DESCRIPTION
15.
For Existing Manhole Dimensions of
8’L x 8’W x 10’H, An Additional Depth
of:
a.
b.
16.
PROPOSAL UNIT
0 - 4 ft.
4 - 8 ft.
Per Vert. ft.
Per Vert. ft.
$
$
Per Vert. ft.
Per Vert. ft.
$
$
Per Vert. ft.
Per Vert. ft.
$
$
Per Vert. ft.
Per Vert. ft.
$
$
For Existing Manhole Dimensions of
10’L x 10’W x 12’H, An Additional
Depth of:
a. 0 – 4 ft.
b. 4 – 8 ft.
19.
$
$
For Existing Manhole Dimensions of
10’L x 10’W x 10’H, An Additional
Depth of:
a. 0 – 4 ft.
b. 4 – 8 ft.
18.
Per Vert. ft.
Per Vert. ft.
For Existing Manhole Dimensions of
10’L x 7’W x 10’H, An Additional
Depth of:
a. 0 - 4 ft.
b. 4 – 8 ft.
17.
PROPOSAL
AMOUNT
For Existing Manhole Dimensions of
12’L x 12’W x 12’H, An Additional
Depth of:
a.
b.
PR # 10479799
0 - 4 ft.
4 - 8 ft.
Ex K-1 - Page 6 of 8
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ITEM
NO.
DESCRIPTION
PROPOSAL UNIT
PROPOSAL
AMOUNT
PRECAST MANHOLE EXCAVATION
SAFETY REQUIREMENTS
(Items 20 through 27, For Manholes requiring
additional depths. Costs should be
incremental costs. Manhole excavation safety
costs shall be based on linear foot of additional
depth. Excavation safety costs should be
estimated for worst case additional depth. All
depths within the range shall be compensated
based on prorated costs.)
20.
For Existing Manhole Dimensions of
4’L x 4’W x 7’H, An Additional Depth
of:
a. 0 – 4 ft.
b. 4 – 8 ft.
21.
Per Vert. ft.
Per Vert ft.
$
$
Per Vert. ft.
Per Vert. ft.
$
$
Per Vert. ft.
Per Vert. ft.
$
$
a. 0 - 4 ft.
b. 4 - 8 ft.
For Existing Manhole Dimensions of
8’L x 8’W x 10’H, An Additional Depth
of:
Per Vert. ft.
Per Vert. ft.
$
$
a. 0 - 4 ft.
b. 4 - 8 ft.
Per Vert. ft.
Per Vert. ft.
$
$
For Existing Manhole Dimensions of
5’L x 5’W x 7’H, An Additional Depth
of:
a. 0 - 4 ft.
b. 4 - 8 ft.
22.
For Existing Manhole Dimensions of
7’L x 7’W x 7’H, An Additional Depth
of:
a. 0 - 4 ft.
b. 4 - 8 ft.
23.
24.
For Existing Manhole Dimensions of
8’L x 8’W x 8’H, An Additional Depth
of:
PR # 10479799
Ex K-1 - Page 7 of 8
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ITEM
NO.
25.
DESCRIPTION
PROPOSAL UNIT
For Existing Manhole Dimensions of
10’L x 10’W x 10’H, An Additional
Depth of:
a. 0 – 4 ft.
b. 4 – 8 ft.
26.
Per Vert. ft.
Per Vert. ft.
$
$
Per Vert. ft.
Per Vert. ft.
$
$
Per Vert. ft.
Per Vert. ft.
$
$
For Existing Manhole Dimensions of
10’L x 10’W x 12’H, An Additional
Depth of:
a. 0 – 4 ft.
b. 4 – 8 ft.
27.
PROPOSAL
AMOUNT
For Existing Manhole Dimensions of
12’L x 12’W x 12’H, An Additional
Depth of:
a. 0 - 4 ft.
b. 4 - 8 ft.
CONTRACTOR
By:
Printed Name:
Title:
Date:
PR # 10479799
Ex K-1 - Page 8 of 8
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EXHIBIT K-2
UNIT COST ADJUSTMENTS FOR
UNDERGROUND INFRASTRUCTURE FACILITIES
1.
COST MULTIPLIER FOR HAND EXCAVATION IN DIRT
_____________% (A Cost Adjustment shall be submitted for all Hand-Dig Excavations in Dirt.)
2.
COST MULTIPLIER FOR HAND EXCAVATION IN ROCK
____________% (A Cost Adjustment shall be submitted for all Hand-Dig Excavations in Rock.)
3.
COST OF LEVEL I PROTECTIVE FENCING
______________Per Linear Foot (Meter)
4.
COST OF LEVEL IIA PROTECTIVE FENCING
______________Per Linear Foot (Meter)
5.
COST OF LEVEL IIB PROTECTIVE FENCING
______________Per Linear Foot (Meter)
6.
COST OF SOIL AMENDMENT AND FERTILIZATION
______________Tree/Plant Per Unit
NOTE: The costs submitted for this compensation schedule shall be based on a standard work
schedule of Monday - Friday 6 a.m. to 6 p.m.
CONTRACTOR
By:
Printed Name:
Title:
Date:
PR # 10479799
Ex K-2 – Page 1 of 1
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EXHIBIT L
TREE AND LANDSCAPE PROTECTION
This exhibit shall govern the placing of protection for trees and other landscape plant material or
natural areas to be protected during construction. This exhibit shall also govern the excavation
and filling around trees described on the plans, and for furnishing all materials, water, labor, tools,
equipment and supplies required as specified by this item or as indicated on the plans.
Reference Standard: City of San Antonio Tree Preservation Ordinance # 85262
MATERIALS:
LEVEL I FENCE PROTECTION:
Fabric: Fabric (4 foot height or 1.2 m) shall consist of steel wires of a gauge as shown on the plans
and shall be woven with a 2-inch (50 mm) mesh opening such that in a vertical dimension of 23
inches (584 mm) along the diagonals of the openings, there shall be at least seven meshes. The
top and bottom selvages shall have a twisted and barbed finish, the barbing to be done by cutting
the wire at an angle to create sharp points. The wire in the fabric shall have a tensile strength of
not less than 75,000 pounds per square inch (517 107 kpa), after galvanizing or aluminum coating
is applied. Fabric shall conform to the least requirements of ASTM A 392, Class1, or ASTM A
491).
1.) Installation Posts: Installation posts shall be a minimum of 60 inches (1.5 m) long and steel
“T” shaped with a minimum weight of 1.3 pounds per linear foot (6.3 kg per meter).
2. Tie Wire: Wire for attaching the fabric to the “T”-posts shall be not less than No. 12- gauge
galvanized wire. Sufficient fastening material shall be furnished to provide for the securing of the
fabric to the “T” line posts.
3. Used Materials: Previously-used materials, meeting the above requirements and when
approved by the Engineer, may be used.
LEVEL IIA FENCE PROTECTION:
Materials same as Level I
- OR LEVEL IIB FENCE PROTECTION:
1. Sleeve: 2x4 lumber to a height of 4 feet above the root crown.
2. Tie Wire: Wire for securing the 2x4s shall not be less than No. 12-gauge.
PR # 10479799
Ex L - Page 1 of 3
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CONSTRUCTION METHODS:
LEVEL I FENCE PROTECTION:
Protective fencing shall be erected at locations shown in the plans or as directed by the Inspector
and/or City Arborist, or in accordance with the details shown on the plans at the drip line of trees
(Root Protection Zone*) and/or landscape plant material. The protective fencing shall be erected
before site work commences and shall remain in place during the entire construction phase.
The installation posts will be placed every 6 feet (2 m) around the drip line or RPZ and embedded
to 18 inches (457 mm) deep. Fabric attachment shall be attached to the installation posts by the
use of sufficient wire ties to securely fasten the fabric to the “T” posts as to hold the fabric in a
stable and upright position.
Mulch the Root Protection Zone (RPZ) in accordance with the, “Tree Ordinance”, see PDF File
Attachment.
Do not clear, fill or grade in the RPZ of any tree.
Do not store, stockpile or dump any job material, soil or rubbish under the spread of the tree
branches.
Do not park or store any equipment or supplies under the spread of the tree branches.
Do not set up any construction operations under the spread of the tree branches. (i.e., pipe cutting
and threading, mortar mixing, painting or lumber cutting)
Nothing is to be nailed or attached to the trees, including temporary signs, meters, switches, wires,
bracing, etc.
Do not permit runoff from waste materials, including solvents, concrete washouts, asphalt tack
coats (MC-30 oil), etc., to enter the RPZ. Barriers are to be provided to prevent such runoff
substances from entering the RPZ whenever necessary, including in an area where rain or surface
water could carry such materials to the root system of the tree.
LEVEL II FENCE PROTECTION:
Where construction activity must take place within the drip line (RPZ) of trees to be preserved, 4
“T” posts shall be equally spaced (cardinal directions) around treetrunk at a minimum of 4 feet
(1.2 m) from the trunk and embedded 18 inches (457 mm) deep. Attach chain link fabric as in
Level I.
OR
A protective sleeve around the trunk shall be used to protect the trunk and the root flares from
equipment damage. This protective lumber shall not be directly nailed to the tree, but held securely
in place with heavy-gauge wire wrapped over the lumber and around the tree. The gap between
the boards is to be 3 inches (76 mm) or less. Protective sleeving shall be erected at locations shown
in the plans or as directed by the Inspector and/or City Arborist or in accordance with the details
shown on the plans.
PR # 10479799
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MEASUREMENT:
Protective fencing will be measured by the linear foot of accepted work, complete in place for the
duration of construction activity.
Reinforcement or repairs, if required, will not be measured for payment.
PAYMENT:
Tree and Landscape Protective Fencing will be paid for at the unit price proposal per linear foot
(meter), which price shall be full compensation for furnishing and placing all materials,
manipulation, labor, tools, equipment and incidentals necessary to complete the work.
PR # 10479799
Ex L - Page 3 of 3
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EXHIBIT L-1
TREE PRUNING, SOIL AMENDING AND FERTILIZATION
The purpose of this specification is to describe a procedure for maintaining preserved trees before,
during and after construction and for furnishing all materials, water, labor, tools, equipment and
supplies required as specified by this specification or as indicated on the plans.
REFERENCE STANDARDS:
The Contractor shall comply with the applicable provisions and recommendations of the
publication listed below, and these shall be utilized as reference standards and form a part of this
specification to the extent indicated by reference:
American National Standard Institute – ANSI A300-1995
MATERIALS:
1. Tree-pruning paint: Any latex, oil or asphalt base wound dressing.
2. Soil amendment: Organic soil amendment with nitrogen content 10 % or less.
3. Commercial fertilizer: Urea form-based liquid suspension which is soil-injected. Salt Index
is less than 3.5 (True Green, Boost) and a longevity period of up to 2 years.
4. Mulch: Shredded wood residue with size of pieces not more than 6 inches in length.
CONSTRUCTION METHODS:
LEVEL I:
Pruning will be performed before construction to reduce the crown, remove dead wood, improve
the health of the trees to better tolerate the stresses endured during construction activities, and to
improve the level of safety within the project area.
Removal of limbs which are 6 inches in diameter or greater is prohibited without consent of the
City Arborist. Occasional branches, up to ¼-inch diameter, which are dead, dying, or diseased
may remain when it is not practical to remove them.
Oaks wounds must be painted with wound paint within 30 minutes to prevent infection of the Oak
Wilt fungal organism.
Soil fertilization will be completed by a soil-injection method which will occur at a spacing of 4
feet on center around the tree within the drip line (RPZ).
Soil amendments will be applied within the drip line (RPZ).
QUALITY ASSURANCE:
All tree-pruning and fertilization work shall be performed by a single firm specializing in treepruning work, with a minimum of 3 years of experience in the acceptable performance of similar
work to that specified. Pruning is to be performed by personnel who, by training and on-the-job
experience, are familiar with the techniques and hazards of this work. The firm performing the
work shall have the following minimum qualifications and certifications:
PR # 10479799
Ex L-1 – Page 1 of 2
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




NAA – National Arborist Association Certified or
ISA – International Society of Arborists Certification
Be licensed for application and use of pesticides
Meet state requirements for insurance
Must be bonded
LEVEL II:
All pruning shall adhere to the standard practices in the American National Standard Institute,
ANSI A300-1995. Pruning shall consist of minor branch removal to improve the level of safety
within the project area and to repair any minor damage to branches due to construction activity.
No branches six (6) inches in diameter or greater are to be removed.
In accordance with Exhibit L-2, Oak Wilt Suppression Procedures, Oak wounds must be painted
with wound paint within one (1) hour to prevent infection of the Oak Wilt fungal organism.
MEASUREMENT:
Pruning - No direct measurement
Soil amendment and fertilization – tree/plant will be measured by the number and size of
trees/plants.
PAYMENT:
Pruning - no additional payment item
Soil amendment and fertilization – tree/plant per unit
PR # 10479799
Ex L-1 – Page 2 of 2
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EXHIBIT L-2
OAK WILT SUPPRESSION PROCEDURES
Introduction
Oak wilt is a very serious fungal disease which is killing oaks in central Texas at epidemic
proportions. The fungus invades and plugs the water and nutrient transport systems in the tree and
almost always causes death. All oaks are susceptible, especially red oaks (Spanish, Shumard,
Blackjack) and live oaks. White oaks (Post, Bur, Chinquapin) are resistant and normally survive.
How Oak Wilt Spreads
Oak wilt can be carried by insects from an infected red oak to fresh wounds on an uninfected oak,
or, in the case of live oaks, it may spread through interconnected root systems at over 100 feet per
year.
Preventative Measures To Be Taken On All Oaks (CPS Energy & Contractors)
 Avoid pruning or wounding any oaks unless absolutely necessary.
 If pruning is required, request assistance as soon as possible from the CPS Energy Vegetation
Management & Forestry Section or one of the Inspectors listed below.
 Any pruning wounds or damage caused by equipment (trucks, diggers, trenchers, backhoes,
etc.) must be painted immediately, within a minimum of one-half hour. This includes any
cracked or ripped limbs and wounds to trunks, limbs or root flares which may have been
damaged by passing equipment.
 Within a known infection center, all tools must be disinfected with a 10% Clorox-and-water
solution or Lysol spray before using these tools on any other oak tree.
Requests for Assistance From the Tree & ROW Maintenance Section
When assistance is required, please provide as much notice as possible or call as soon as damage
occurs. Contact names and numbers are listed below:
Section Office
James F. Koenig
Terri Minnia
Margie Regalado
Clyde Stroud
John Gutierrez
PR # 10479799
Office
353-3593
353-3798
353-5871
353-5218
353-5870
353-5872
Radio #
2400
2401
2405
2403
2404
2402
Cell
844-5457
394-3580
394-3579
394-3578
275-6935
Ex L-2 – Page 1 of 3
Document1
Municipalities With Oak Wilt Ordinances
(as of October 2009)
Alamo Heights
(Ord. 1363)
Public Works Director
6116 Broadway
826-0516
Balcones Heights
(Ord. 16-96)
City Administrator
3300 Hillcrest
735-9148 ext. 227
Castle Hills
(Ord. 789)
City Manager
209 Lemmonwood Dr.
342-2341
Fair Oaks Ranch
(Ord. 113.0)
City Supervisor
7286 Dietz-Elkhorn Road
698-0900
Garden Ridge
(Ord. 71)
Director of Public Works
9537 Schoenthal
651-6632
Helotes
(Ord. 120)
Building Development Permits
12951 Bandera Rd.
695-8877
Hill Country Village
(Ord. 729)
City Administrator
116 Aspen Ln.
494-3671
Hollywood Park
(Ord. 585)
City Secretary
2 Mecca Dr.
494-2023 ext 21
San Antonio
Ord 97332
ArticleVIII
21-170
CoSA Arborist
114 W. Commerce St.
207-8053
Schertz
No oak wilt ordinance; but have tree preservation measures in their
Unified Development Code
PR # 10479799
Ex L-2 – Page 2 of 3
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Selma
No oak wilt ordinance, but have a requirement to attain a permit
from City Hall prior to any work being performed within their
boundaries.
Selma City Hall,
9375 Corporate Dr.
651-6661
Shavano Park
(Ord. 600-137-04)
Director of Water Utility
900 Saddletree Court
493-3478
Terrell Hills
(Ord. 953)
City Manager
5100 N. New Braunfels
824-7401
PR # 10479799
Ex L-2 – Page 3 of 3
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EXHIBIT M
STATUTORY PERFORMANCE BOND PURSUANT TO
VERNONS TEXAS GOVERNMENT CODE ANN.
TITLE 10 CHAPTER 2253, SUBCHAPTER 2253.021
(Penalty of this Bond must be 100% of Contract Award)
KNOWN ALL MEN BY THESE PRESENTS:
That,
(hereinafter called the Principal), as Principal, and
,a
corporation organized and existing under the laws of the State of
with its principal office in the City of
, (hereinafter call the Surety),
as Surety, are held and firmly bound unto CITY OF SAN ANTONIO ACTING THROUGH THE
CITY PUBLIC SERVICE BOARD OF SAN ANTONIO, TEXAS, A MUNICIPAL BOARD OF
THE CITY OF SAN ANTONIO, TEXAS (hereinafter called the Obligee), in the amount of
Dollars ($
), for the payment whereof, the said Principal and Surety bind
themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally,
firmly by these presents.
the
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated
day of
, 20
, to
which contract is hereby referred to and made a part hereof as fully and to the same extent as if
copied at length herein.
NOW, THEREFORE, THE CONDITION OF THE OBLIGATION IS SUCH, that if the
said Principal shall faithfully perform the work in accordance with the plans, specifications and
Contract Documents, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of
VERNONS TEXAS GOVERNMENT CODE ANN. Title 10 Chapter 2253, subchapter 2253.021
and all liabilities on this bond shall be determined in accordance with the provisions of said Article
to the same extent as if it were copied at length herein.
No extension of time or other waiver or amendment of the terms of the said contract nor
any change in the method or amount of payments stipulated to be made by Obligee under the
Contract shall relieve the Surety of its obligations hereunder, and the Surety waives notice of any
such extension, waiver, amendment, or change. The bond shall be automatically extended in time
PR # 10479799
Ex M – Page 1 of 2
Document1
without formal and separate amendment to cover full and faithful performance of the Contract
modifications, regardless of the amount of time involved.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
instrument this
day of
, 20
.
WITNESS
(SEAL)
By:
(SEAL)
(SEAL)
ATTEST:
(SEAL)
(If Corporation)
By:
(SEAL)
(Principal)
(SEAL)
Surety
By:
PR # 10479799
Ex M – Page 2 of 2
(SEAL)
Document1
EXHIBIT N
STATUTORY PAYMENT BOND PURSUANT TO
VERNONS TEXAS GOVERNMENT CODE ANN.
TITLE 10 CHAPTER 2253, SUBCHAPTER 2253.021
(Penalty of this Bond must be 100% of Contract Award)
KNOWN ALL MEN BY THESE PRESENTS:
That,
(hereinafter called the Principal), as Principal, and
,
a corporation organized and existing under the laws of the State of
with its principal office in the City of
, (hereinafter call the Surety),
as Surety, are held and firmly bound unto CITY OF SAN ANTONIO ACTING THROUGH THE
CITY PUBLIC SERVICE BOARD OF SAN ANTONIO, TEXAS, A MUNICIPAL BOARD OF
THE CITY OF SAN ANTONIO, TEXAS (hereinafter called the Obligee), in the amount of
Dollars ($
), for the payment whereof, the said Principal and Surety bind themselves,
and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee,
dated the
day of
, 20
, to
which contract is hereby referred to and made a part hereof as fully and to the same extent as if
copied at length herein.
NOW, THEREFORE, THE CONDITION OF THE OBLIGATION IS SUCH, that if the
said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the
prosecution of the work provided for in the contract, then, this obligation shall be void; otherwise
to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of
VERNONS TEXAS GOVERNMENT CODE ANN. Title 10 Chapter 2253, subchapter 2253.021
and all liabilities on this bond shall be determined in accordance with the provisions of said Article
to the same extent as if it were copied at length herein.
No extension of time or other waiver or amendment of the terms of the said contract nor
any change in the method or amount of payments stipulated to be made by Obligee under the
PR # 10479799
Ex N – Page 1 of 2
Document1
Contract shall relieve the Surety of its obligations hereunder, and the Surety waives notice of any
such extension, waiver, amendment, or change. The bond shall be automatically extended in time
without formal and separate amendment to cover full and faithful performance of the Contract
modifications, regardless of the amount of time involved.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
instrument this
day of
, 20
.
WITNESS
(SEAL)
By:
(SEAL)
(SEAL)
ATTEST:
(SEAL)
(If Corporation)
By:
(SEAL)
(Principal)
(SEAL)
Surety
By:
PR # 10479799
Ex N – Page 2 of 2
(SEAL)
Document1
EXHIBIT O
STATEMENT FROM SURETY
§ CONSENT & RELEASE
Date:
Project:
Bond No.:
CPS Energy P.O. No.:
CPS Energy
Attn.: Accounts Payable
P.O. Box 2921
San Antonio, TX 78299-2921
Contract for
by and between
, Contractor and CPS Energy acknowledged on
, 20
.
In accordance with the Contract between CPS Energy and
as indicated above,
Surety
Contractor,
Company holding
for
hereby consents to Final Payment of
dollars ($
) and agrees that the release of said Final Payment does not in any
way relieve
Surety Company from its obligations, guarantees or
provisions to CPS Energy as Owner of the work as set forth in the Surety Company's Bond.
Surety
Signature of Authorized Rep
Title
PR # 10479799
Ex O – Page 1 of 2
Document1
State of
§
County of
§
§
BEFORE ME, the undersigned, Notary Public, on this day personally appeared
. Known to me to be
the person and officer whose name is subscribed to the foregoing instrument and acknowledged to
me that the same was the act of the said
, and that (he/she) has
executed the same as the act of such corporation for the purposes and consideration therein
expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this
, 20
.
day of
Notary Public, State of
My commission expires
PR # 10479799
.
Ex O – Page 2 of 2
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EXHIBIT P
FINAL PAYMENT AFFIDAVIT
State of
County of
§
§
§
Date:
Project:
Bond No.:
CPS Energy P.O. No.:
CPS Energy
Attn.: Accounts Payable
P.O. Box 2921
San Antonio, Texas 78299-2921
Contract for
by and between
, Contractor and CPS Energy
, 20
.
acknowledged on
The undersigned pursuant to the term of the above stated Contract hereby certifies that except as
set forth below, all obligations and indebtedness for materials and equipment furnished, for all
work, labor, and services performed, and all known claims against Contractor for damages arising
and in connection with the performance or non-performance of the Contract have been satisfied
and paid in full.
I(We) further guarantee and certify that to the best of my(our) knowledge, information, and belief,
except as listed below, the Release or Waivers of Lien attached hereto, if applicable, include all
Subcontractors, suppliers of materials and equipment, and all performers of work, labor or services
who may or might have had liens against the property of CPS Energy arising in any manner out of
the performance of the Contract as specified above.
Exceptions:
Contractor
Signature of Authorized Rep
Title
PR # 10479799
Ex P – Page 1 of 2
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State of
County of
§
§
§
BEFORE ME, the undersigned, Notary Public, on this day personally appeared
. Known to me to be the person and officer whose
name is subscribed to the foregoing instrument and acknowledged to me that the same was the act
of the said
, and that (he/she) has
executed the same as the act of such corporation for the purposes and consideration therein
expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this
, 20
.
day of
Notary Public, State of
My commission expires
PR # 10479799
.
Ex P – Page 2 of 2
Document1
Item # __________
APPENDIX A
UNDERGROUND CONTRACTOR’S INSPECTION REPORT
CPS Energy WR# _____________
Ductline R C CP to CP Footage
Project _______________________
Day/
Night
Paved/
Unpaved
Dirt/
Rock
CPS Ener SWB
gy
CATV
PVC Elbow Size
Spacer Size
CP
CP to
CP
-
Qty
Qty
Owner
Owner
CP
CP to
CP
-
Qty
Owner
Qty
Owner
CP
Qty
Owner
CP to
CP
-
Qty
Owner
CPS Energy Item
St. Lt. Foundation
Pedestal
CP
CP
CP
CP
CP
CP
CP
CP
CPS Energy Item
Precast Manhole
Transformer Slab
CP
Size
CP
Size
CP
Size
CP
Size
PR # 10479799
App A – Page 1 of 2
Document1
Item # __________
UNDERGROUND CONTRACTOR’S INSPECTION REPORT (Cont’d.)
SKETCH
Field Changes / Comments
All revisions, alterations, additions or deletions to project scope must be approved by Underground
Engineering. Contractor must submit written cost estimates for all changes related to contractual
work. Inspector’s verification of all completed installations of conduit systems shall be performed
prior to concrete encasement.
CPS Energy Inspector: __________________________________
Contractor’s Representative: ______________________________
Time Warner Cable Representative: ________________________
S.W. Bell Representative: _________________________________
Internal Use Only
Contractor’s Invoice:
Date Paid:
PR # 10479799
Date: ______________
Date: ______________
Date: ______________
Date: ______________
#_____________
_____________
App A – Page 2 of 2
Document1
Item # __________
APPENDIX B
AUTHORIZATION FOR FIELD REVISION
PO Number
City Public Service Board
San Antonio, Texas
Authorization for Field Revision to Project Drawings and/or Specifications
REFERENCE: Drawing page #, construction point.
DESCRIPTION OF CHANGES:
SKETCH:
COST OF REVISION (and/or Credit) $_____________
SUBMITTED BY:___________________
Contractor:_________________________
_____________________________
Date: _____________________________
TOTAL COST $______________
APPROVED BY:
CPS Energy Rep:
Date: _________________________________
APPROVED BY:
Underground Distribution Engineering
Department
Date: _________________________________
PR # 10479799
App B – Page 1 of 1
Document1
APPENDIX C
CPS Energy Covered Tasks Regulated by 49 CFR Part 192
Tasks Regulated By 49 CFR Part
192
CFR ReQual
192 Interval
Examining PE pipe for defects
192.59
Visually inspecting metallic components for defects
Welding
Repair or removal of weld defects
Tasks Regulated By 49 CFR Part
192
CFR ReQual
192 Interval
3 year
Installation of pipe in a ditch
192.319
3 year
192.144
3 year
Inserting PE pipe into a casing
192.321
3 year
192.225
6 month
Installing customer meters and regulators
192.357
3 year
192.245
192.715
6 month
Installation of service lines
192.361
3 year
Installation and maintenance of cathodic protection
systems
192.453
3 year
Making welded joints
192.273
6 month
Inspecting welded joints
192.273
3 year
Inspecting pipe coating
192.459
192.461
3 year
Joining PE pipe by heat fusion or mechanical joint
192.281
1 year
Line locating and marking pipelines
192.614
3 year
Qualifying PE pipe joining procedures
192.283
1 time
Making safe a pipeline emergency
192.615
3 year
Testing cathodic protection system with pipe-to-soil
reads
192.465
3 year
Tapping pipelines under pressure
192.627
3 year
Inspect interference bonds, diodes & reverse current
switches
192.465
3 year
Taking action to minimize the effect of stray currents
192.473
3 year
Remedial actions to correct cathodic protection
deficiencies
192.465
3 year
Cleaning and coating pipe for control of atmospheric
corrosion
192.479
3 year
192.471
--------
Abandoning or deactivating pipeline facilities
192.727
3 year
Pipeline pressure testing
192.503
3 year
Purging of pipelines
192.629
3 year
Starting up and shutting down any part of a pipeline
192.605
3 year
Prevention of accidental ignition
192.751
3 year
Taking precautions against hazardous atmospheres
in trenches 2,3
192.605
--------
Recognizing safety-related conditions that require
reporting
192.605
3 year
Connecting test lead wires to the pipeline
1
2
1,2
Not an operations or maintenance task
3
Not an activity performed on the pipeline
Does not affect the operation or integrity of the pipeline
4
Not required by CFR Part 192
Any Contractor employed by CPS Energy to perform a covered task will have their employees
qualified by an approved consortium or training provider. CPS Energy will require contractor
to supply a list of all qualified personnel and may require the contractor to supply the qualified
employee with a qualification card stating tasks that employee is qualified for, the qualification
date, qualification method and the name of the qualifier.
CPS Energy will accept qualification of contractor employees by any approved combination of
the following methods:
(a) Approved qualification and training program (i.e. TEEX/TGA)
(b) Approved certifications (i.e. AWS Certified Welding Inspector, ASNT)
(c) Field evaluation
(d) Work performance history (See Note)
(e) Other forms of assessment approved by CPS Energy
Contractor employee will be subject, at a minimum, to the same re - qualification intervals as
CPS Energy employees. CPS Energy shall have the right to require removal of any employee
of Contractor, or of Subcontractors, who in the CPS Energy Representative's opinion may be
incompetent or unqualified to perform work.
Note: Work performance history cannot be the sole method for qualifying an employee after
October 28, 2002.
PR # 10479799
App C – Page 1 of 1
Document1
ATTACHMENT A
Company Name _________________
CPS Energy Purchase Order___________
CPS ENERGY
CONTRACTOR DOT COMPLIANCE DOCUMENTS
CPS ENERGY has a long standing commitment to maintain the highest standards for employee safety and
health and to help prevent accidents/injuries resulting from the misuse of drugs and alcohol by employees
who perform Department of Transportation (DOT) covered functions.
In addition, CPS ENERGY must comply with all DOT regulations and other regulations, which may require
positive actions to eliminate the impact of the misuse of drugs and alcohol in the workplace and thereby
reduce fatalities, injuries, and property damage. As such, contractors and their personnel performing
covered functions are required to abide by the regulations promulgated by the DOT which states that
contractors subject to DOT mandates shall be in compliance with those parts of 49 Code of Federal
Regulations (CFR) which relate to the illegal use of alcohol and controlled substances.
All contractors performing services covered by DOT regulations for CPS ENERGY will allow access to
property and records to CPS ENERGY Human Resources Drug and Alcohol Program Representative(s),
any DOT agency with regulatory authority over CPS ENERGY or covered employee, and, if
CPS ENERGY is subject to the jurisdiction of a state agency, a representative of the state agency for the
purposes of monitoring compliance.
Contractor shall complete the following and submit only after notification of Contract award:
Are the services to be performed by Contractor mandated by the Pipeline & Hazardous Materials Safety
Administration (PHMSA) DOT agency?
Pipeline & Hazardous Materials Safety Administration (PHMSA), 49CFR - Part 199 (Any safety
sensitive/covered function such as an operation, maintenance, or emergency-response function that is
performed on a pipeline or Liquefied Natural Gas (LNG) facility and the function is regulated by 49CFR
Parts 192, 193 or 195.) ______ Yes
______ No
IF SERVICES TO BE PERFORMED ARE MANDATED BY PHMSA, CONTRACTOR SHALL
PROVIDE, UPON REQUEST FROM THE CPS ENERGY HUMAN RESOURCES COMPLIANCE
SECTION OR NATIONAL COMPLIANCE MANAGEMENT SERVICES (NCMS),
INFORMATION INCLUDED IN THE ATTACHED ATTACHMENT A, TITLED “CPS ENERGY
U.S. DEPARTMENT OF TRANSPORTATION PIPELINE & HAZARDOUS MATERIAL SUPPLY
ADMINISTRATION”.
·
·
·
·
·
·
One (1) copy of your DOT drug & alcohol program (latest revision)
Complete & Return statistical data reports (drug and alcohol - attached)
Drug/Alcohol data for 2012 1st_____2nd______3rd_____4th_____
Drug/Alcohol data for 2013 1st_____2nd______3rd_____4th_____
Drug/Alcohol data for 2014 1st_____2nd______3rd_____4th_____
One blank copy of the laboratory chain-of-custody form
List of covered employees
Verification of supervisory drug/alcohol training
Background Check Affidavit & copy of forms.
QUESTIONS REGARDING THIS INFORMATION MAY BE DIRECTED TO THE ATTENTION OF:
Ms. Clevette Hall, Compliance Specialist
Compliance Section
P. O. BOX 1771, SAN ANTONIO, TX 78296-1771
PHONE (210) 353-2731
FAX (210) 353-4380
10479799
Att A - Page 1 of 2
Document1
ATTACHMENT A
Company Name _________________
CPS Energy Purchase Order___________
CPS ENERGY
U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE & HAZARDOUS MATERIALS SAFETY ADMINISTRATION
CONTRACTOR AUDIT REQUEST FORM
COMPANY NAME:
_________________________________________________________________
ADDRESS:
_______________________________________________________________________
CITY:
________________________
TELEPHONE : ________________________
STATE:
__________
ZIP
_____________
FAX: _______________________________________
CONTACT NAME:
____________________________________________________________________
TYPE OF WORK PERFORMED:
_________________________________________________________
CPS ENERGY DIVISION:_________________________________________________
LIST THE OFFICE, INCLUDING DIVISION AND LOCATION, THAT HAS REQUESTED YOU TO
SUBMIT THIS INFORMATION.
Does your company belong to a consortium? _____
If yes, please list the name and address: ________________________________________________
PLEASE PROVIDE THE FOLLOWING INFORMATION:*
·
·
·
·
·
·
One (1) copy of your DOT drug & alcohol program (latest revision)
Complete & Return statistical data reports (drug and alcohol - attached)
Drug/Alcohol data for 2009 1st_____2nd______3rd_____4th_____
Drug/Alcohol data for 2010 1st_____2nd______3rd_____4th_____
Drug/Alcohol data for 2011 1st_____2nd______3rd_____4th_____
One blank copy of the laboratory chain-of-custody form
List of covered employees
Verification of supervisory drug/alcohol training
Background Check Affidavit & copy of forms.
*NOTE: IT IS ABSOLUTELY NECESSARY THAT ALL OF THE ABOVE INFORMATION BE
SUBMITTED TO ENSURE THAT YOUR COMPANY IS ELIGIBLE TO PERFORM DOT
REGULATED SERVICES FOR CPS ENERGY.
Return this form and the requested documents to:
National Compliance Management Service, Inc.
Attn: DOT Department
7 Compound Drive
Hutchinson, Kansas 67502
(620) 669-0954
(620) 669-8430 fax
PR # 10479799
Att A – Page 2 of 2
Document1
PR # 10479799
Att B – Page 1 of 1
Document1
(FOR OFFICE USE ONLY)
V#:
NAICS CODES:
ID CODE:
Attachment C
CPS ENERGY BUSINESS QUESTIONNAIRE
Phone: (210) 353-2474 Fax: (210) 353-3021 Internet address: www.cpsenergy.com
Questions should be directed to (210) 353-2474, or e-mailed to supplierdiversity@cpsenergy.com
1.
Name of business:
Doing business as:
(Other business name, if applicable)
Contact person and title:
2.
Business mailing address:
City:
3.
State: __________________
Business telephone number: (
)
-
Fax number: (
Zip Code: ________/_________
)
-
General Business e-mail address:
4.
Is the above business name and mailing address considered the home office? ___ Yes ___ No
5.
Check appropriate box for Type Classification:
Non-Profit Organization
Chamber of Commerce
Municipality
College/University/Institution
Historically Black College/University or Minority Institution
Federal/State/City Agency
Corporation
Sole Proprietor/Partnership
Please see reverse or second page for definitions for the following questions:
6.
Size of business: (check one) _____ Small Business or
_____ Large Business
(If you are having difficulty determining your size status please call SBA at 1-800-U-ASK-SBA or (202) 205-6618 for assistance.)
Identify majority owner’s ethnicity(owns at least 51% of company):
___ Black American, ___ Hispanic American,
___ Asian Pacific American, ___ Subcontinent Asian American, ___ Native American, ___ Caucasian American,
___ Not Applicable (N/A)
___ Other: Specify _______________________
7.
Is your company certified by the SBA?
Yes
No
If certified by any agency please provide the name of that agency:
8.
What is the gender of the majority owner (owns at least 51% of company): _____Male
Explanation if N/A:
9.
Please check the following applicable boxes and attach all corresponding certification:
HUB Zone (Historically Underutilized Business Zone)**
**Must Provide SBA Certification Certificate
Veteran Owned
Female
N/A
Service Disabled Veteran
10.
Number of Employees:
11.
Primary NAICS Code:
If the NAICS Code is unknown, please refer to www.sba.gov/size or provide a description of your materials and/or
services so that we may apply the appropriate code for you:
Under 15 U.S.C. 645(d), any person who misrepresents a firm’s status shall (1) be punished by a fine, imprisonment, or
both; (2) be subject to administrative remedies; and (3) be ineligible for participation in programs conducted under the
authority of the Small Business Act.
Printed name and Title:
Signature:
Date:
THIS FORM IS APPLIABLE FOR ONE (1) YEAR PERIOD. IT IS YOUR RESPONSIBILITY TO NOTIFY US IF YOUR SIZE OR OWNERSHIP
STATUS CHANGES DURING THIS TWO (2) YEAR PERIOD. PLEASE LIST, ON THIS FORM, OR AN ATTACHED SHEET, ALL OTHER
BUSINESS NAMES AND LOCATIONS THAT ARE AFFILIATED WITH YOUR FIRM, E.G., BRANCH LOCATIONS, ETC.
Revised 9/15/15
PR # 10479799
Att C – Page 1 of 2
Document1
CPS ENERGY - BUSINESS QUESTIONNAIRE DEFINITIONS
AS STATED ON FEDERAL ACQUISITION REGULATION (FAR) PART 19 –
SMALL BUSINESS PROGRAMS
DISADVANTAGED BUSINESS CONCERN: Business which is unconditionally owned and controlled by one or
more socially and economically disadvantaged individuals who are of good character and citizens of the United
States, and which demonstrates potential for success.
1. WHO IS SOCIALLY DISADVANTAGED?
a) General. Socially disadvantaged individuals are those who have been subjected to racial or ethnic prejudice or
cultural bias within American society because of their identities as members of groups and without regard to
their individual qualities. The social disadvantage must stem from circumstances beyond their control.
b) Members of designated groups. 1) There is a rebuttable presumption that the following individuals are socially
disadvantaged: Black Americans, Hispanic Americans, Native Americans (American Indians, Eskimos, Aleuts
or Native Hawaiians), Asian Pacific Americans (persons with origins from Burma, Thailand, Malaysia,
Indonesia, Singapore, Brunei, Japan, China, (including Hong Kong), Taiwan, Laos, Cambodia (Kampuchea),
the Philippines, Vietnam, Korea, Samoa, Guam, U.S. Trust Territory of the Pacific Islands, or Northern Mariana
Islands) and Subcontinent Asian Americans (with origins from India, Sri Lanka, Pakistan, the Maldive Island,
Bhutan, Nepal and Bangladesh) are presumed to be disadvantaged by ethnicity.
c) Those who meet all of the requirements of 13 C.F.R. Part 124.
2. WHO IS ECONOMICALLY DISADVANTAGED?
a) General. Economically disadvantaged individuals are socially disadvantaged individuals whose ability to
compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as
compared to others in the same or similar line of business who are not socially disadvantaged.
b) Those who meet all the requirements of 13 C.F.R. Part 124.
WOMEN-OWNED SMALL BUSINESS CONCERN: Means a small business concern-a) Which is at least 51% owned by one or more women; or, in the case of any publicly owned business, at least
51% of the stock of which is owned by one or more women; and
b) Whose management and daily business operations are controlled by one or more women.
HUBZONE SMALL BUSINESS CONCERN: Means a small business concern that appears on the List of Qualified
HUBZone Small Business Concerns maintained by the SBA.
*HUBZone means a Historically Underutilized Business Zone, which is an area located within one or more
qualified census tracts, qualified nonmetropolitan counties, or lands within the external boundaries of an
Indian reservation.
VETERAN-OWNED SMALL BUSINESS CONERN: means a small business concern—
a)
Not less than 51% of which is owned by one or more veterans (as defined at 38 U.S.C. 101 (2)) or, in the
case of any publicly owned business, not less than 51percent of the stock of which is owned by one or
more veterans, and
b)
The management and daily business operations of which are controlled by one or more veterans.
SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS CONCERN:
1.) Means a small business concern—
a) Not less than 51% of which is owned by one or more service-disabled veterans or, in the case of any
publicly owned business, not less than 51% of the stock of which is owned by one or more service-disabled
veterans, and
b) The management and daily business operations of which are controlled by one or more service-disabled
veterans, or in the case of a veteran with permanent and severe disability, the spouse or permanent
caregiver of such veteran.
2.) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101 (2), with a disability that is serviceconnected, as defined in 38 U.S.C. 101 (16).
THE NORTHAMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) is the standard used by Federal
statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing
statistical data related to the U.S. business economy.
(Please visit the U.S. SBA web site www.sba.gov/regulations/ for more information.)
PR # 10479799
Att C – Page 2 of 2
Document1
CPS ENERGY
SUBCONTRACTING DOCUMENTS
It is the policy of CPS Energy to ensure that small, veteran, service-disabled veteran,
HUBZone, minority and woman owned businesses have the maximum practicable
opportunity to participate as contractors and suppliers. It is CPS Energy’s policy to
assist these businesses to overcome barriers that may have, in the past, kept them from
full and equal participation in the mainstream of the American Business Enterprise
System.
In response to its belief of equality of opportunity, CPS Energy has extended the
concept of equal opportunity and affirmative action to include efforts toward increasing
the amount of business conducted with small, veteran, service-disabled veteran,
HUBZone, minority and woman owned businesses.
A policy and formal program have been created for this purpose, and all CPS Energy
employees involved with the program are responsible and accountable for the
attainment of these goals and objectives.
IMPORTANT PLEASE READ
Contractors classified by CPS Energy as a large business are required to furnish the
subcontracting goals when their awarded contract is expected to meet or exceed
$650,000 or $1,500,000 for construction of a public facility at the time the bid or
proposal award. Failure to provide these documents may result in the award being
cancelled.
Subcontracting opportunities exist when any part of the services to be performed or
goods to be provided entail the use of any other business other than the business
contracted to perform the work directly with CPS Energy.
Contractors are asked to contact Supplier Diversity Office at (210) 353-2474 or via
email at cpsenergysubcontracting@cpsenergy.com for assistance when needed in
determining when subcontracting opportunities may or may not exist and completing
any of the attached documents.
PR # 10478717
Att D – Page 1 of 8
Document1
THIS DOCUMENT MUST BE COMPLETED
AND RETURNED AT THE TIME OF AWARD
Please select one of the following options and complete the applicable requirements:
1.
2.
Contractor is submitting a plan
Contractor is a small business, so no plan is required. To qualify as a small
business, a contractor must be classified as a small business by CPS Energy. If a contractor is a
small business, select one of the two following statements.
A contractor has previously been classified as a small business by
CPS Energy.
A contractor is enclosing a completed CPS Energy questionnaire
certifying that it is a small business.
3.
This contract is for construction of a public facility and is estimated below
$1,500,000, so no plan is required.
4.
This contract does not offer subcontracting possibilities, so no plan is
required.
A contractor must state below the specific reasons why the contract does not offer
subcontracting possibilities and that all work will be performed by awarded contractor.
Contractors submitting a Subcontracting Plan must also prepare and submit either Summary
Subcontract Report Standard Form 294 or 295 semi-annually or annually respectively to CPS Energy
and the General Services Administration, upon request (see Section F.) at the commencement of the
contract. Copies of these forms will be provided at the time they are due.
Standard Form 295 is required to be submitted if the contractor sells or otherwise provides
"commercial products" to CPS Energy. Standard Form 294 is required to be submitted by all other
contractors.
PR # 10478717
Att D – Page 2 of 8
Document1
"Commercial products" are products or services sold
1.)
2.)
3.)
in substantial quantities
to the general public and/or industry
at established catalog prices or at established market prices
1. Sold in substantial quantities. Products are considered to be "sold in substantial
quantities" only when the quantities regularly sold are sufficient to constitute a real
commercial market. Thus, models, samples, prototypes, experimental units, and products
specially made only for CPS Energy (i.e., to CPS Energy specifications) do not meet this
requirement. For services to be considered "sold in substantial quantities," they must be
customarily provided by the contractor, using personnel regularly employed and equipment
(if any is necessary) regularly maintained solely or principally to provide the services.
2. To the general public or industry. A product or service is considered to be sold to the
general public or industry if there are a significant number of buyers of the product or
service other than CPS Energy.
3. Established catalog and market prices. Established catalog prices are prices that are
recorded in a form regularly maintained by the contractor. This form (a) must be a verifiable
and established record, such as a catalog, price list, schedule, or rate tariff; (b) must be
published or available for customer inspection; and (c) must state current or last sales prices
to the general public.
Established market prices are current prices that (a) are established in the course of
ordinary and usual trade between buyers and sellers free to bargain; and (b) can be
substantiated by data from sources independent from the contractor.
Any questions regarding this aforementioned information, please contact Supplier Diversity Office at
(210) 353-2474.
Submitted by:
Printed Name
Title
Email address
Phone Number
_______________________________________________________
Signature
Date
PR # 10478717
Att D – Page 3 of 8
Document1
THE FOLLOWING DOCUMENTS DO NOT NEED TO BE COMPLETED IF THE CONTRACTOR HAS
DETERMINED NO SUBCONTRACTING OPPORTUNITIES EXIST OR IF THE COMPANY IS A SMALL
BUSINESS.
SUBCONTRACTING PLAN
The following Subcontracting Plan is hereby submitted to CPS Energy, Gas and Electric Utility of
San Antonio, Texas, by
(Contractor) in conjunction with CPS
Energy's Purchase Order (PO) No.
A.
.
Policy Statement
The Contractor will provide a competitive opportunity for suppliers who are small, veteran,
service-disabled veteran, HUBZone, non-minority, minority and woman owned businesses, to
qualify for and earn a share of the business current or long-term purchase volume,
commensurate with the merits of their offerings and their proven qualifications or
demonstrated performance as suppliers.
The Contractor has and will continue to utilize small, veteran, service-disabled veteran,
HUBZone, non-minority, minority and woman owned businesses to the greatest extent
practicable consistent with efficient performance of all contracts or subcontracts.
B.
Measures to Promote Equal Opportunities
In order to ensure that small, veteran, service-disabled veteran, HUBZone, non-minority,
minority and woman owned businesses owned and controlled by socially and economically
disadvantaged individuals will have an equitable opportunity to compete for subcontracts, the
Contractor will:
1. Maintain a program designed to locate capable small, veteran, service-disabled veteran,
HUBZone, non-minority, minority and woman owned businesses for current and future
subcontracting opportunities.
2. Review company policies and procedures to assure and encourage equitable opportunity
to small, veteran, service-disabled veteran, HUBZone, non-minority, minority and woman
owned businesses in letting subcontracts.
3. Coordinate inquiries and requests for advice from small, veteran, service-disabled
veteran, HUBZone, non-minority, minority and woman owned businesses.
4. Assure that participation of both large and small, veteran, service-disabled veteran,
HUBZone, non-minority, minority and woman owned businesses are accurately reported.
5. Review acquisition programs for possible breakout of items suitable for acquisition from
both large and small, veteran-owned businesses, service-disabled veteran-owned
businesses, HUBZone businesses, non-minority, minority and woman owned businesses.
C.
Small, Service-Disabled Veteran, Veteran, HUBZone, Non-Minority, Minority and
Woman Owned Businesses
View the Supplier Classification List on www.cpsenergy.com to review CPS Energy
registered suppliers to identify small, veteran, service-disabled veteran, HUBZone, minority
and woman owned businesses.
For an approved listing of CPS Energy Suppliers by products or capabilities email your
request to cpsenergysubcontracting@cpsenergy.com
Which of the following sources listed were used to identify small, veteran-owned small
businesses, service-disabled veteran-owned small businesses, HUBZone small businesses,
minority and woman owned businesses, only those marked were used in this contract:
PR # 10478717
Att D – Page 4 of 8
Document1
Company resource lists
Referrals by other small business firms
CPS Energy, Supplier Listings
CPS Energy, Supplier Classification List
Other ________________________________________________
The administrator of this Subcontracting Plan who is responsible for compiling data for the Plan and for
the regular reviewing, updating and implementation of this Subcontracting Plan throughout the duration of
this contract is:
Name of Administrator:
Address of Administrator:
City/ST/Zip:
Phone No. of Administrator:
Email Address of Administrator:
D.
Estimated subcontracting goals for this contract
Total estimated subcontracting for this
Contract (only that portion of the overall
contract that offers subcontracting
opportunities)
$_____________
Amount
100%
Percent
1. Estimated subcontracting Large Businesses:
Large Non-Minority Owned
$_____________
_____
Large Minority Owned
$_____________
_____
Large Woman Owned
$_____________
_____
Large Service-Disabled Veteran Owned
$_____________
_____
Large Veteran Owned
$_____________
_____
HUBZone Large Business
$_____________
_____
Small Non-Minority Owned
$_____________
_____
Small Minority Owned
$_____________
_____
Small Woman Owned
$_____________
_____
Small Service-Disabled Veteran Owned
$_____________
_____
Small Veteran Owned
$_____________
_____
HUBZone Small Business
$_____________
_____
2. Estimated subcontracting Small Businesses:
E.
Principal Subcontractors View the Supplier Classification List on www.cpsenergy.com to review CPS Energy
registered suppliers to identify small, veteran-owned small businesses, service-disabled
PR # 10478717
Att D – Page 5 of 8
Document1
veteran-owned small businesses, HUBZone small businesses, minority and woman owned
businesses
1. Name of Subcontractor:
Address of Subcontractor:
City/ST/Zip:
Phone No. of Subcontractor:
Email Address of Subcontractor:
Type of material/service to be provided:
Dollars estimated to be subcontracted: ______________
Check one of the following for each question:
Size: _____ Small Business
or
_____ Large Business
Non-Minority Owned
_____ Yes
or
_____ No
Minority Owned
_____ Yes
or
_____ No
Woman Owned
_____ Yes
or
_____ No
Veteran Owned
_____ Yes
or
_____ No
Service-Disabled Veteran Owned
_____ Yes
or
_____ No
HUBZone Business
_____ Yes
or
_____ No
2. Name of Subcontractor:
Address of Subcontractor:
City/ST/Zip:
Phone No. of Subcontractor:
Email Address of Subcontractor:
Type of material/service to be provided:
Dollars estimated to be subcontracted: ______________
Check one of the following for each question:
Size: _____ Small Business
or
_____ Large Business
Non-Minority Owned
_____ Yes
or
_____ No
Minority Owned
_____ Yes
or
_____ No
Woman Owned
_____ Yes
or
_____ No
Veteran Owned
_____ Yes
or
_____ No
Service-Disabled Veteran Owned
_____ Yes
or
_____ No
HUBZone Business
_____ Yes
or
_____ No
3. Name of Subcontractor:
Address of Subcontractor:
PR # 10478717
Att D – Page 6 of 8
Document1
City/ST/Zip:
Phone No. of Subcontractor:
Email Address of Subcontractor:
Type of material/service to be provided:
Check one of the following for each question:
Size: _____ Small Business
or
Non-Minority Owned
Minority Owned
Woman Owned
Veteran Owned
Service-Disabled Veteran Owned
HUBZone Business
_____ Large Business
_____ Yes
_____ Yes
_____ Yes
_____ Yes
_____ Yes
_____ Yes
or
or
or
or
or
or
_____ No
_____ No
_____ No
_____ No
_____ No
_____ No
Dollars estimated to be subcontracted: ______________
4. Name of Subcontractor:
Address of Subcontractor:
City/ST/Zip:
Phone No. of Subcontractor:
Email Address of Subcontractor:
Type of material/service to be provided:
Check one of the following for each question:
Size: _____ Small Business
or
Non-Minority Owned
Minority Owned
Woman Owned
Veteran Owned
Service-Disabled Veteran Owned
HUBZone Business
_____ Large Business
_____ Yes
_____ Yes
_____ Yes
_____ Yes
_____ Yes
_____ Yes
or
or
or
or
or
or
_____ No
_____ No
_____ No
_____ No
_____ No
_____ No
Dollars estimated to be subcontracted: ______________
(Please use additional sheets if necessary)
PR # 10478717
Att D – Page 7 of 8
Document1
F. Records to be Maintained
The Contractor, in regard to this Subcontracting Plan, will maintain the following records:
1. Small, veteran, service-disabled veteran, HUBZone, non-minority, minority and woman owned
businesses source lists, guides and other data identifying small, veteran, service-disabled
veteran, HUBZone, non-minority, minority and woman owned businesses contractors and
suppliers.
2. Organizations contacted for small, veteran-owned businesses, service-disabled veteran-owned
businesses, HUBZone businesses, non-minority, minority and woman owned businesses
sources.
3. On a contract-by-contract basis, records to support award data submitted to CPS Energy, to
include name and address of subcontractor(s) and General Service Administration upon
request.
********************************************
Submitted by:
(Signature)
Printed Name
Title
Date: _________________________
Accepted by:
(Signature)
CPS Energy, Supply Chain
Printed Name
Title
Date: _________________________
PR # 10478717
Att D – Page 8 of 8
Document1