REQUEST FOR PROPOSALS
FOR
PRODUCTS AND SERVICES
FOR CPS ENERGY POWER STATIONS
RFP No: 7000134092
ISSUED: SEPTEMBER 9, 2015
PR# 10475697
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TABLE OF CONTENTS
Section A - Request for Proposal (RFP) Overview
Key Terms
Preparation
Section B – Instructions to Offerors
B.1
General
B.2
General Description of Work
B.3
Contract Documents
B.4
Documents for Proposal
B.5
Signatures
B.6
Firm Proposal
B.7
Time of Performance
B.8
Local Conditions
B.9
Interpretation of Contract Documents
B.10 Ownership of Specifications
Section C - Minimum Qualifications for Prospective Offerors
C.1
General
C.2
Qualifying Factors
C.3
Additional Information to be Submitted
C.4
Rejection of Proposals
Agreement and Contract
1. The Contract Documents
2. Statement of Services
3. Term
4. Consideration
5. Method of Payment
6. Withholding Payment
7. Workmanship, Materials and Equipment to be Furnished by Contractor
8. Changes and Additional Services
9. Subcontractors
10. Subcontractor Responsibilities
11. Delays and Termination
12. Indemnification
13. Intellectual Property Indemnification
14. Conflicts of Interest
15. Insurance
16. Warranty
17. Permits and Licenses
18. Taxes
19. Independent Contractor
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TABLE OF CONTENTS
20. Relations with other Contactors
21. Right of Surveillance and Examination
22. Protection of Person and Property
23. Laws and Regulations
24. Utilization of Small Business Concerns
25. Notice
26. Waiver of Rights
27. Assignability
28. Right to Audit
29. Equal Employment Opportunity
30. Severability of Provisions
31. Performance of Contract and Choice of Law
Exhibit A – Minimum Insurance Requirements
Exhibit B – CPS Energy Power Stations and Power Plant Sites
Exhibit C – Specifications for Products and/or Services
Exhibit D – Power Generation Policy for Contractors
Exhibit E – Procedure for Placing A Product and/or Service Order
Exhibit F – Change Order Form Example
Exhibit G – CPS Energy Business Questionnaire
Exhibit H – CPS Energy Subcontracting Documents
Schedule A – Labor Rate Schedule For Services
Schedule B – Product and/or Services Scenarios
Schedule C - Equipment and Machinery Rate Schedule for Services
Schedule D - Parts and Materials for On Site Services
Schedule E - Other Reimbursable Items
Attachment 1 – Welding Material Usage Form (Necessary only for onsite Services)
Attachment 2 – Paint, Coatings and Abrasive Material Usage form (Necessary only for onsite
Services)
Attachment 3 – Chemical Chain of Custody (Necessary only for onsite Services)
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SECTION A
REQUEST FOR PROPOSALS (RFP) OVERVIEW
CPS Energy is interested in Products and/or Services on an as-needed basis for a three (3) year
term using either firm price bids or time and material. Products and/or Services shall be performed
in accordance with the Specifications attached herein as Exhibit C. CPS Energy is interested in a
company(s) whose primary business concerns, professional qualifications, and whose technical
competence and specialized experience indicate its ability and willingness to satisfactorily supply
a wide array of OEM and/or Non OEM Products and/or Services for gas and steam turbines,
generators and balance of plant equipment common for the Power Generation Industry.
A MANDATORY pre-Proposal meeting will be held at the location, time, and date specified in
the Request for Proposal 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
Offerors 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:

Three (3) identical sealed printed copies and

Three (3) 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).
Three (3) 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
All Proposals must be submitted on or before the date and hour stated in the Request for Proposal
correspondence. Proposals may be mailed, but any Proposal not received in Supply Chain by the
specified date and time stated in the Request for Proposal correspondence will not be considered
and will be returned unopened.
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CPS Energy reserves, in its sole discretion, 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, is the best value to CPS Energy. Offerors must address each of
the following evaluation factors and provide detailed information for evaluation purposes.
In evaluating Proposals, in its sole discretion, CPS Energy will give weight and importance
to the following items:






Degree of conformance to the Specifications and Contractual Documents
Safety records and training program
Company Experience and References
Rates and Pricing
Materials, Manufacturing and Transportation
Economic Development (Small, Minority, Diverse, Local Business)
CPS Energy reserves the right to award a contract to a primary Offeror meeting Products and
Services as per Exhibit C and multiple secondary Offerors who either meet Products only or
Products and Partial Services only as determined by CPS Energy as the best value. If multiple
contracts are awarded, the single primary Offeror must provide Products and Services and will
receive the right to perform all work for all activities valued equal to or under $25,000. If the work
is estimated over $25,000, CPS Energy reserves the right to contract to the primary or mini bid to
the multiple secondary Offerors for additional bids and reserves the right to utilize OEM. As each
project is identified by CPS Energy, each of the successful Offerors who signed a Contract will be
asked to place bids for that particular project. It is specifically understood and acknowledged by
Offerors that CPS Energy does not intend, nor does it guarantee, any minimum amount of Products
and/or Services to be performed by any one of the successful Offerors to whom an award is actually
made.
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.
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.
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Key Terms
Term
Mini Bid
Contract or Contract
Documents
Contractor
Definition
Means for Products and Services over 25,000 all contractors shall be
solicited for competitive bids.
Means all documents enumerated under Section B.3.
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 Services covered
thereby, and its, his, hers, or their duly authorized representatives.
Contractor Employee Means the employee of the Contractor that provides Services.
CPS Energy or
Means the City of San Antonio, acting through the City Public Service
Owner
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
Shall include engineers, inspectors, examiners, checkers or other
Representatives
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 Services
performed for compliance with the Contract documents and who is in
charge of Project oversight and performance of the Services 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.
Plans or Specifications Means all (a) Plans furnished by CPS Energy as a basis for Quotations,
(b) supplementary Plans furnished by CPS Energy to clarify and to define
in greater detail the intent of the Contract Plans and specifications, (c)
Plans submitted by the Contractor to CPS Energy, and (d) Plans submitted
by CPS Energy to the Contractor during the progress of the Services as
provided for herein.
Procurement Analyst
Means the CPS Energy employee that facilitates the Request for Proposal
process.
Project
Means the total construction Services performed under the Contract
Documents which may be the whole or a part and which may include
construction by the Owner or by separate contractors.
Project Release
Means identified scope of work for Products and/or Services
Term
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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 Services.
Substantial
Completion
Means when all equipment has been installed and is in operation.
The Services or
Products and/or
Services
Whenever in these
Contract Documents
the words:
Means the equipment, supplies, materials, labor and services to be
furnished 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.
 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 Services 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 RFQ. 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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SECTON B
INSTRUCTIONS TO OFFERORS
B.1
GENERAL
These instructions apply to Proposals for Products and/or Services on an as-needed basis
(“Services”) for City of San Antonio, acting by and through City Public Service Board
“CPS Energy” or “Owner.”
B.2
GENERAL DESCRIPTION OF SERVICES
These documents include Statement of Requirements and information required for preparation of
the Proposal.
B.3
CONTRACT DOCUMENTS
The Contract Documents for the Services proposed in this document will include:
a)
Offeror’s Proposal, inclusive of Subcontractors, and other companies.
d)
The CPS Energy Purchase Order issued to the successful Offeror(s).
e)
All addenda, supplemental Purchase Orders, and other supplemental written
documents which may be issued as amendments to the Contract.
These documents collectively shall form the Contract between CPS Energy and the successful
Offerors for the specified Services.
B.4
DOCUMENTS FOR PROPOSAL
All Documents together hereinafter will be referred to as the “Specifications.”
B.5
SIGNATURES
B.5.1 Each Offeror shall sign each Proposal with Offeror’s usual signature and shall give
Offeror’s full business address. Proposals by partnerships shall be signed with the partnership
name, followed by the signature and designation of one of the partners or other authorized
representative.
B.5.2 Proposals by a corporation shall be signed in the name of the corporation, followed
by the signature and designation of the president, secretary, or other person authorized to sign the
Proposal for the corporation. The names of all persons signing should also be typed or printed
below the signature.
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B.5.3 A Proposal by a person who affixes to his/her signature the word “president,”
“secretary,” “agent,” or other designation, without disclosing his/her principal, will be rejected.
When requested, satisfactory evidence of the authority of the officer signing in behalf of the
corporation shall be furnished. Offeror shall designate the state in which they are incorporated
and the address of their principal office.
B.6
FIRM PROPOSAL
Each Proposals hall be firm, not subject to escalation. Proposals may not be withdrawn for onehundred twenty (120) days after the date of the due date.
B.7
TIME OF PERFORMANCE
The time of completion of the Services is a basic consideration of the Contract. The Proposal shall
be based upon the Contractors ability to commence Services within forty eight (48) hours after
being contacted by CPS Energy.
B.8
LOCAL CONDITIONS
B.8.1 It must be understood and agreed that all factors have been properly investigated
and considered in the preparation of every Proposal submitted. There will be no subsequent
financial adjustment which is based on the lack of such prior information or its effect on the cost
of the Services.
B.8.2 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 may have been made by CPS Energy. Claims for additional
compensation due to variation between conditions actually encountered in construction as to these
items and as indicated by the plans will not be allowed.
B.9
INTERPRETATION OF CONTRACT DOCUMENTS
B.9.1 If any prospective Offeror is in doubt as to the true meaning of any part of the
proposed Contract Documents, Offeror may submit to CPS Energy a written request for an
interpretation thereof. The person submitting the request will be responsible for its prompt
delivery, and all requests must be received by CPS Energy as indicated in the mandatory preproposal meeting. Any interpretation of the Contract Documents will be made only by duly-issued
correspondence, and a copy of such correspondence from Supply Chain will be mailed or delivered
to each person attending the mandatory pre-bid meeting. CPS Energy will not be responsible for
any other explanations or interpretations of the proposed documents. It shall be the responsibility
of the Offeror to advise CPS Energy of conflicting requirements or omissions of information which
are necessary for a clear understanding of the Services, before the due date of the Proposal. Those
questions not resolved by addenda shall be listed in the Offeror’s Proposal together with statements
of the basis upon which the Proposal is made as affected by each question.
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B.9.2 All formal contact with CPS Energy prior to Contract award shall be through
Karen T. Smith, Supply Chain, who may be reached by e-mail at KTSmith@cpsenergy.com.
B.10
OWNERSHIP OF SPECIFICATIONS
Title to all plans, specifications and other Contract documents is with CPS Energy. All Offerors
and the successful Offeror awarded the Contract agree that this material will not be used in any
manner other than for the preparation of Proposals and for the construction covered by the Contract
Documents. Documents referred to other firms for Proposals on subcontracts will be subject to
the same provisions.
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SECTION C
MINIMUM QUALIFICATIONS FOR PROSPECTIVE OFFERORS
C.1
GENERAL
C.1.1 Each Offeror shall submit information with its Proposal which may be used in
evaluating the Offeror's ability to satisfactorily perform the Products and/or Services requested.
Proposals submitted by Offerors not meeting the minimum qualifications are subject to rejection.
C.1.2 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.
C.2
QUALIFYING FACTORS
The following factors shall be considered to be the minimum qualifications for Offerors providing
a Proposal to CPS Energy:
a. Offeror must provide a description of the Company’s operational history which reflects
that the Offerors Company and/or Subsidiary providing Products and /or Services has
been actively engaged for a minimum of ten (10) consecutive years and whose
predominant role has been to provide Products and/or Services as described in
Specifications (Exhibit B) for Power Generation Industry.
b. Offeror must provide resume proof of combined management experience over 75 years
in field of power plant engineering, manufacturing and field repairs and/or testing and
include knowledge and experience manufacturing and repairing components for
various OEM’s.
c. The Offeror shall provide its firm’s safety information as follows (This item, Item c.
only applies to Offerors proposing Services. Item c. does not apply to Offerors
proposing only Products.):
1) 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.
2) 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.
3) Provide Offeror’s OSHA Citation History for the past three (3) Years. Offeror will
not be considered for award should history reflect any “Willful” OSHA citations.
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Additionally, submit OSHA 300 & 300 (A) injury / illness logs for the past (3)
calendar years.
4) 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.3
ADDITIONAL INFORMATION TO BE SUBMITTED
The Offeror shall also submit the following information with its Proposal:
a. Offeror must provide description of Company’s and/or Subsidiary manufacturing
facility name, location, city, state, address along with a description of the facilities sq.
ft of operations and provide a statement of capability to operate 24 hours per day, 7
days per week in an emergency forced outage.
b. Offeror must provide an 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 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) (This item, Item b. only applies to
Offerors proposing Services. Item b. does not apply to Offerors proposing only
Products.)
c. Offeror must Provide Current ISO Certificate
d. Offeror must provide a list of verifiable customer references from their most recent ten
(10) jobs not from same customer in last 2 years where Offeror has provided Products
and/or Services as described in Specifications (Exhibit B). Verifiable references means
a customer that can actively be reached by contact information provided which must
include Company/Agency name, address, and a contact person’s name, phone number
and/or email address. A brief description of the Products and/or Services performed
by the Offeror.
e. A description of the Offeror’s ability to provide a wide array of OEM and Non OEM
Products and/or Services for the Power Generation Industry. An organizational
flowchart including Subsidiaries. Statement on extent of Offeror’s ability to perform
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the Products and/or Services with the Offeror’s own forces and equipment, and under
the management of its own organization.
f. Offeror shall provide list of standard raw materials maintained to expedite and
manufacture product requests for either emergency or planned projects
g. Offeror shall provide a detailed description of their manufacturing facilities and
machining equipment capabilities size, quantity, etc…such as lathes, CNC machining,
Mills, Saws, Welding and Heat Treating equipment etc…..
h. Offeror must provide a description of Company’s capabilities to perform repair and field
machining services, field testing services and weld repair services.
i. Offeror must provide description of Company’s capabilities to provide reliable
transportation services for wide range of shipments and ability to respond 24 hours a
day, 7 days a week 365 days a year in emergencies including Hot Shot Deliveries
j. Offeror shall provide capabilities of engineering staff, CAD/CAM Services, Drawing
Services, Measuring, Analysis, and ability to perform reverse engineering and restore
rotating and stationary parts clearances including manufacture of specialty parts.
k. The scheduling of Projects and/or Services for each maintenance activity and project is
a basic consideration of the Agreement. For contract award evaluation purposes,
Offeror must submit to Owner a sample work schedule to be utilized hereunder for
Owner’s benefit.
l. A list of any citations, notices of violations, legal proceedings, or project terminations
that any Federal, State, or local regulatory agency (e.g., OSHA) or department, or
corporation or individual has issued to the firm, or any employee of the firm while that
employee was performing work for the firm, in the past five (5) years. If there are no
violations, Offeror shall provide a statement of such.
m. Provide a toll-free number for Product and/or Service requests twenty-four (24) hours a
day, seven (7) days a week. Additionally, Offeror must provide a toll-free number for
emergency service requests twenty-four (24) hours a day, seven (7) days a week.
n. Provide a detailed description of Offeror’s proposed warranty.
o. Provide a completed Schedule A, titled “Labor Rate Schedule for Services” and
Schedule B, titled “Product and/or Services Scenarios.”
p. A list of all Subcontractors employed by Offeror to perform Work on this Contract in
Exhibit H. The list shall include all names, addresses, phone numbers, and email
addresses of the Subcontractors to be used, and the Work to be performed by each
Subcontractor shall be listed. Offeror shall provide its subcontractors safety
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information, as stated in Section C.2 titled, “Qualifying Factors,” Item f., sub-items 1.
through 5. for all subcontractors to be used, if any.
q. Any exception to the specifications, requirements or the terms and conditions of
this Contract must be clearly acknowledged and inserted in tracked-change (redlined) format to a soft copy of the CPS Energy Contract, and must accompany the
proposal. If there are no exceptions, the words “NO EXCEPTIONS” must be
stated.
r. Offeror is required to submit a completed CPS Energy Business Questionnaire, attached
as Exhibit G, titled “CPS Energy Business Questionnaire” 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
Diverse - Any Businesses which meets one of the following classifications,
Women, Minority, Veteran, Historically Underutilized Business (HUB) Zone, or
Service-disabled Veteran.
s. Any other documents as required in this Proposal.
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C.4
REJECTION OF PROPOSAL
Failure to submit information detailed in Section C.2, titled “Qualifying Factors,” and
Section C.3 titled “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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AGREEMENT
BETWEEN CPS ENERGY AND CONTRACTOR
This Agreement is dated and effective as of 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.”
CPS Energy and Contractor, in consideration of the mutual covenants herein and hereafter set
forth, agree as follows:
1.
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, CPS Energy’s Request For Proposals, 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 – Minimum Insurance Requirements
Exhibit B – CPS Energy Power Stations and Power Plant Sites
Exhibit C – Specifications for Products and/or Services
Exhibit D – Power Generation Policy for Contractors
Exhibit E – Procedure for Placing a Product and/or Service Order
Exhibit F – Change Order Form Example
Exhibit G – CPS Energy Business Questionnaire
Exhibit H – CPS Energy Subcontracting Documents
Schedule A – Labor Rate Schedule For Services
Schedule B – Product and/or Services Scenarios
Schedule C - Equipment and Machinery Rate Schedule for Services
Schedule D - Parts and Materials for On Site Services
Schedule E - Other Reimbursable Items
Attachment 1 – Welding Material Usage Form (Necessary only for onsite Services)
Attachment 2 – Paint, Coatings and Abrasive Material Usage form (Necessary only for
onsite Services)
Attachment 3 – Chemical Chain of Custody (Necessary only for onsite Services)
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2.
STATEMENT OF SERVICES
2.1
Contractor shall (except as otherwise provided for in the Specifications) furnish the
materials, supplies, labor and equipment and perform the Services located at and described
generally as listed below.
2.2
Contractor shall perform Products and/or Services on an as-needed basis and as
requested by CPS Energy at CPS Energy's Power Stations and Power Plants specified within
Exhibit B, titled "CPS Energy Power Stations and Power Plant Sites" and in accordance with
Exhibit C, titled “Specifications for Products and Services”, attached herein and hereby made part
of the Contract Documents. It is specifically understood and acknowledged by Contractor that
CPS Energy does not intend nor does it guarantee any minimum amount of work to be performed
by the Contractor.
2.3
As each project release is identified by CPS Energy, each of the awarded
Contractors may be asked to place Bids for that particular project release, in addition to submitting
with its Bid a complete detailed schedule the Contractor proposes to meet in electronic format.
2.4
All Products and/or Services for all Power Stations and Power Plant Sites shall be
coordinated with the CPS Energy Field Representative, whose information will be provided upon
award of the Contract.
3.
TERM
The Services to be performed under this Agreement shall be for a period of three (3) years
beginning on
, 2015 and ending on
, 2018.
4.
CONSIDERATION
4.1
As consideration for the Products and/or Services to be performed hereunder by
Contractor or any authorized Subcontractor, CPS Energy agrees to pay and Contractor agrees to
accept a sum of money or time and material calculated in accordance with the rates set forth in
Schedule A, titled “Labor Rate Schedule for Services” and Schedule B, titled "Products and/or
Services Scenarios".
4.2
In the event additional Products and/or Services shall be performed hereunder,
then the consideration covering the additional Products and/or Services shall be the amount
specified on a Change Order and computed at the same rates set forth in Schedules A and B.
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5.
METHOD OF PAYMENT
5.1
Upon completion of all Products and/or Services for individual project releases
covered by this Agreement in a good and workmanlike manner, Contractor shall submit an invoice
to:
CPS Energy Accounts Payable Section
Mail Drop 100705
P.O. Box 2921
San Antonio, Texas 78299-2921
for Products and/or Services completed hereunder. A separate invoice shall be prepared for any
additional Products and/or Services authorized in accordance with Section 7, “Changes and
Additional Services.” All invoices shall include any supporting documentation necessary to verify
the charges billed such as, but not limited to, personnel time sheets, Subcontractor services,
materials and equipment, and shall correspond to the specific task being billed. Contractor shall
furnish with the invoice a notarized affidavit to CPS Energy stating that all claims for damages of
any kind and costs for labor, materials, and supplies, which Contractor is obligated to furnish
hereunder, have been paid and satisfied by Contractor. Subject to CPS Energy’s approval, the
invoice shall be paid thirty (30) days from the receipt of invoice and notarized affidavit. 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 Services covered by each such
invoice shall constitute full payment for all such Products and/or Services, including additional
Products and/or Services, 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 Services
performed.
5.4
Payment otherwise due to the Contractor may be withheld by CPS Energy without
payment of interest because of unremedied Products and/or Services by the Contractor, the filing
of claims or evidence indicating the probable filing of claims against CPS Energy, including, but
not limited to, failure of Contractor to pay amounts for labor or material used by Contractor or for
amounts due to Contractor’s Subcontractors on the job. If and when the cause, or causes, for
withholding any such payment shall be remedied or removed, and satisfactory evidence of such
remedy or removal has been accepted by CPS Energy, the payment withheld shall be promptly
made to Contractor. If Contractor fails or refuses to remedy or remove any cause for withholding
such payments within thirty (30) days after delivery of written notice by CPS Energy to Contractor,
CPS Energy may remedy or remove the same, or cause the same to be remedied or removed, and
may deduct the cost thereof from the Contract Compensation. In the event such cost shall exceed
the balance of Contract Compensation due, or if a claim is filed against CPS Energy after full
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payment is made, Contractor and his sureties, if any, shall be liable for and shall pay the difference
to CPS Energy.
6.
WITHHOLDING PAYMENTS
6.1
Owner may withhold payments due the Offeror without payment of interest to the
extent necessary to protect itself against loss including, but not limited to, the following:
a)
b)
c)
d)
e)
f)
Defective Products and/or Services not remedied;
Failure of the Contractor to submit R-1 forms, “Report of Welded Repair
or Alteration”, when Services dictate;
Claims filed or reasonable evidence indicating probable filing of claims;
Failure of the Offeror to make payments properly to subcontractors for
materials and labor;
Damage to another Offeror;
Any other violation or failure to comply with the provisions of this
Contract.
6.2
When the above conditions are removed, payment shall be made for the amount
withheld because of the specific conditions.
7.
WORKMANSHIP, MATERIALS AND EQUIPMENT TO BE FURNISHED BY
CONTRACTOR
7.1
Contractor shall perform the Products and/or Services in a safe and satisfactory
manner by qualified, careful and efficient workers. CPS Energy shall have the right to require
Contractor to remove any employee of Contractor or of Subcontractors from the CPS Energy
facility who, in the CPS Energy Representative’s opinion, may be incompetent or unqualified to
perform Products and/or Services assigned to him and/or her.
7.2
Contractor shall furnish all equipment, tools, supplies and labor required for the
performance of the Products and/or Services in the time specified herein. Such equipment shall
be safe, adequate, and serviceable and shall be kept in first-class operating condition.
8.
CHANGES AND ADDITIONAL SERVICES
8.1
CPS Energy, without invalidating the Agreement, may at any time require deviation
from the Contract Specification. Material changes to the scope of the Product and/or Services or
changes to the quantity of Product and/or Services which materially affect the Contract price
require authorization from CPS Energy in writing.
8.2
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.
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8.3
The Contractor shall not make any additions, changes, alterations, or omissions, or
perform any additional Product and/or Services, or supply additional materials or equipment,
except on prior authorization of CPS Energy. Additional Product and/or Services shall be
authorized only by the issuance of a Change Order issued by Owner Authorized Representatives.
(See Exhibit F)
8.4
Additional Services shall be defined as follows:
a. Any additions and/or deletions to the scope of the Product and/or Services to be
performed.
b. Significant additions and/or deletions to the quantity of Product and/or Services
to be performed.
c. Additions and/or deletions for which there is no established price.
8.5
CPS Energy reserves the right to prosecute any Additional Product and/or Services
to completion. However, this right in no way limits the Contractor’s obligation for performance
of his or her Product and/or Services. Contractor shall afford CPS Energy reasonable opportunity
for the execution of said Product and/or Services and properly coordinate his/her Product and/or
Services with CPS Energy.
9.
SUBCONTRACTORS
Contractor shall secure CPS Energy’s written approval before subcontracting any portion of the
Product and/or Services. No such approval shall relieve the Contractor from any of the obligations
of the Contract with CPS Energy. Contractor shall be and remain liable as if no such subcontract
had been made or approved by CPS Energy. Contractor shall keep such records and furnish reports
and information relative to the Subcontractor or Subcontractor’s employees, agents, etc. as
CPS Energy may request. All references to “Contractor” hereafter referred to shall include
“Subcontractor.”
10.
SUBCONTRACTOR RESPONSIBILITIES
Contractor shall require each Subcontractor, to the extent of the Product and/or Services 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.
11.
DELAYS AND TERMINATION
11.1 If Contractor is responsible for a delay in the progress of the Product and/or
Services 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 the Contract. Time of delivery of the product is of the essence in this
Contract.
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11.2 If the Product and/or Services 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 workmen or supplies or materials to perform
the Product and/or Services in a timely manner, CPS Energy may, without prejudice to any other
right of remedy, terminate this Contract.
11.3 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.
12.
INDEMNIFICATION
12.1 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
Products and/or Services to the extent that such liability is for:
1) bodily injury, sickness, disease or death, and/or
2) 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.
12.2 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.
13
INTELLECTUAL PROPERTY INDEMNIFICATION
13.1 Contractor shall indemnify CPS Energy against any damages, costs and expenses
arising out of any claim, suit, or proceeding (a "Claim") alleging that Products or Services infringe
a patent in effect in the U.S., an EU member state or the country of delivery (provided there is a
corresponding patent issued by the U.S. or an EU member state), or a U.S. copyright or copyright
registered in the country of delivery, if: (a) CPS Energy promptly notifies Contractor in writing
of the Claim; (b) CPS Energy makes no admission of liability and gives Contractor sole authority,
at Contractor's expense, to direct and control the defense and any settlement and compromise
negotiations; and (c) CPS Energy provides Contractor with full disclosure and assistance that may
be reasonably required to defend any such Claim.
13.2 Contractor shall have no obligation or liability with respect to any Claim based
upon: (a) any Products or Services that have been altered without Contractor's permission; (b)
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failure of CPS Energy to implement any commercially reasonable update provided by Contractor
that would have prevented the Claim;
13.3 If any Product or Service, or any portion of either, becomes the subject of a Claim,
Contractor may at its option (a) procure for CPS Energy the right to continue using it, or any
portion of it, (b) modify or replace it in whole or in part to make it non-infringing, or (c) failing
(a) or (b), take back the infringing Products or Services and refund any applicable fees. This states
the Contractor's entire liability for intellectual property indemnification for patent, trademark,
copyright, and trade secret infringement for Products and Services.
14.
CONFLICTS OF INTEREST
14.1 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 Product and/or Services 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 Product
and/or Services to CPS Energy, or the Contractor's objectivity in performing the Product and/or
Services is or might be otherwise impaired, or Contractor gains an unfair competitive advantage
as a result of performance under the Agreement.
14.2 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.
14.3 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 Product and/or Services
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.
14.4 If CPS Energy decides to continue the Contractor's performance under the
Agreement, Contractor shall create internal procedures adequate to ensure that the personnel
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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.
15.
INSURANCE
15.1 If Contractor’s scope of work includes on-site maintenance, testing or other
Product and/or Services 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
Services 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 Services undertaken by the Contractor, its Subcontractor, or their agents, or
employees. Contractor’s insurance shall be primary, for liabilities of the Contractor, of any selfinsurance and/or insurance maintained by CPS Energy.
15.2 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.
15.3 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.
15.4 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 Services. 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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16.
WARRANTY
16.1 Except to the extent the Order provides otherwise that the Products are sold "as is,"
Contractor warrants to CPS Energy that (i) Products the usual purpose of which is to generate
electric power shall be fit for that purpose when operated according to Contractor's specific
operating instructions provided to CPS Energy or, in their absence, according to generally accepted
operation practices of the electric power producing industry in Texas where applicable, and all
Products shall be free from defects in material, workmanship and title and (ii) the Services shall
be performed in a competent, diligent manner.
16.2 The Warranty Period for Products shall end one year after first commercial use (or
completion of acceptance criteria if and as defined in the Order) or 18 months from delivery,
whichever occurs first, except that software that is not embedded in a Product is warranted for 90
days from delivery, and Services related to a Product sold "as is" are warranted for 30 days. The
Warranty Period for Services shall end one year from completion. The Warranty Period for some
Products and Services may be shorter or longer where agreed expressly in the Order.
16.3 If Products or Services do not meet the above warranties, CPS Energy shall
promptly, upon discovery, give Contractor notice in writing within the Warranty Period. As soon
as practicable, but no longer than thirty (30) days, Contractor shall then (i) as mutually agreed
upon, repair or replace the defective Products or (ii) re-perform the defective Services. If in
Contractor's reasonable judgment the Product cannot be repaired or replaced or the Services cannot
be re-performed, Contractor shall refund or credit monies paid by CPS Energy for that portion of
Products or Services that do not meet the above warranties. Any reperformance of Services by
Contractor shall include a warranty period of ninety (90) days from the CPS Energy acceptance of
Services or until the end of the original warranty period, whichever is longer. The parties shall
mutually agree on the specifications of any test to determine the presence of a defect or the
adequacy of warranty work.
16.4 Any repaired or replacement Product (other than a part for a turbine) or component
part of a Product, furnished under this warranty shall carry warranties on the same terms as
described above, except that the warranty period shall be (a) the remaining balance of the original
Warranty Period, or (b) a period of 12 months from the date of such repair or replacement,
whichever period ends later. Any repair or replacement of a turbine part that is a Product itself
(sold separate from the turbine), rather than merely a component of a Product, shall not extend the
original Warranty Period. In any event, the warranty period and Contractor's responsibilities set
forth here for such repaired or replacement part shall end no later than 12 months after expiration
of the applicable original Warranty Period.
16.5 CPS Energy shall bear the costs of access (including removal and replacement of
systems, structures or other parts of CPS Energy's facility), de-installation, decontamination, reinstallation and transportation to Contractor's repair facility. Contractor shall bear the cost of
transportation of Products back to CPS Energy. The parties shall cooperate with each other to
minimize import and export costs related to the shipment of Products and other goods.
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16.6 These warranties and remedies are conditioned upon (a) the proper storage,
installation, operation, and maintenance of the Products and conformance with the proper
operation instruction manuals provided by Contractor or its suppliers or subcontractors, to
CPS Energy (b) CPS Energy keeping proper records of operation and maintenance during the
Warranty Period and providing Contractor reasonable access to those records, and (c) modification
or repair of the Products or Services only as authorized by Contractor. Contractor does not warrant
the Products or any repaired or replacement parts against normal wear and tear or damage
including that due to (a) environment or operation, including excessive operation at peak
capability, frequent starting, type of fuel, detrimental air inlet conditions or erosion, corrosion or
material deposits from CPS Energy-introduced fluids, (b) accident, or (c) any carry-over from
CPS Energy's gas process, if any.
16.7 This Article provides the exclusive remedies for all claims based on failure of or
defect in Products or Services, whether the failure or defect arises before or during the applicable
Warranty Period and whether a claim, however described, is based on contract, indemnity,
warranty, tort/extra contractual liability (including negligence), strict liability or otherwise. The
warranties provided in this Article are exclusive and are in lieu of all other warranties and
guarantees whether written, oral, implied or statutory. NO IMPLIED WARRANTY OF
MERCHANTABILITY APPLIES.
17.
PERMITS AND LICENSES
Contractor shall obtain all necessary permits, licenses and any other forms of documentation
required relating to the Products and/or Services provided hereunder at its sole cost unless the law
or regulation governing such permitting or licensing requires that CPS Energy do so. Upon
request, the Contractor shall promptly furnish CPS Energy copies of all permits, licenses or other
documentation applicable to this Agreement.
18.
TAXES
The City Public Service Board of San Antonio, Texas 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 Products
and/or Services. 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.
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19.
INDEPENDENT CONTRACTOR
Contractor’s relationship to CPS Energy in the performance of this Contract is that of an
Independent Contractor. The personnel performing Products and/or Services 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 respecting them such as Social Security, Income Tax
Withholding, Unemployment Compensation, Workers’ Compensation and similar matters.
20.
RELATIONS WITH OTHER CONTRACTORS
CPS Energy may also have other Contractors on-site performing Services during the same time as
this Contractor. The Contractor shall cooperate with all other Contractors who may be performing
Services on behalf of CPS Energy, and with workers who may be employed by CPS Energy in the
vicinity of the Products and/or Services under this Contract. Contractor shall conduct its
operations to minimize interference with the Services of such Contractors or workers. The
Contractor shall promptly make good, at its own expense, any injury or damage that may be
sustained by other Contractors or employees of CPS Energy due to activities associated with this
Contract. Any difference or conflict which may arise between the Contractor and other
Contractors or between the Contractor and workers of CPS Energy, in regard to their Products
and/or Services shall be resolved as determined by the CPS Energy’s Field Representative.
21.
RIGHT OF SURVEILLANCE AND EXAMINATION
21.1 CPS Energy shall have the right through CPS Energy’s Field Representative to
monitor Contractor’s performance of the Product and/or Services, to examine the work performed,
and to enforce Contractor’s compliance with and conformance to the requirements of the Contract
Documents and Specifications. The Contractor shall furnish all reasonable assistance required by
these individuals for examination of the Product and/or Services. CPS Energy reserves the right
to inspect any or all of Contractor’s equipment for operational safety, if there is a concern for
safety. Any equipment deemed unsafe for operation by CPS Energy shall be replaced or repaired
to CPS Energy’s satisfaction.
21.2 The Field Representative and any other authorized representatives of CPS Energy
shall be free at all times to perform their duties and shall have free access to all areas of the job
site.
21.3 Such examination shall not relieve the Contractor from any obligation to perform
the Product and/or Services strictly in accordance with the Specifications. Product and/or Services
not to specification shall be removed and replaced by the Contractor at its own expense.
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22.
PROTECTION OF PERSON AND PROPERTY
22.1 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.
22.2 The Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Products and/or Services. 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 who may be affected
thereby;
b.
All the Products and/or Services 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 Subsubcontractors; 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 Products and/or
Services.
22.3 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 Products and/or Services, and shall make all necessary arrangements with such
CPS Energy relative to the removal and replacement or protection of such property or utilities.
22.4 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, or 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 Products and/or Services must be acceptable to
CPS Energy.
23.
LAWS AND REGULATIONS
23.1 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 Products and/or Services, including, but not limited to, those listed in (b) below and
as amended by the Federal Motor Carrier Safety Administration. 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.
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23.2 If this Contract requires Contractor’s employee(s) to obtain a commercial driver’s
license in order to perform Services hereunder, the 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.
23.3 Contractor will follow all applicable OSHA (or other applicable) standards in
performing Work under this Agreement.
23.4 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 A, for each employee prior to
the Contractor initiating the Services. Unless an exception is authorized by the CPS Energy
Chief 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
Services for CPS Energy.
24.
UTILIZATION OF SMALL BUSINESS CONCERNS
24.1 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.
24.2 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.
24.3 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
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:
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Attn: Supplier Diversity Office
CPS Energy
P.O. Box 1771 - Mail Drop 110901
San Antonio, Texas 78296-1771
24.4 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
25.
NOTICE
25.1
25.2
26.
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.
27.
ASSIGNABILITY
Except as provided in this Section, Contractor shall not assign the rights, nor delegate the duties, or
otherwise dispose of any right, title, or interest in all or any part of the Agreement without the prior
written consent of CPS Energy. Any approved assignment or delegation shall be for the benefit of,
and shall be binding on, Contractor, assignees, and all future successors, and shall not relieve
Contractor, assignee, or future successors of any duties or obligations.
28.
RIGHT TO AUDIT
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28.1 CPS Energy, or its designated agent, shall have the right to audit, at any time, the
Contract-related records and associated documents of the Contractor and Subcontractor. Such
right to audit shall be for the determination of the accuracy and validity of the Contractor’s and
Subcontractor’s billings to CPS Energy and for verifying compliance with other terms and
conditions of the Contract.
28.2 Contractor and Subcontractor shall maintain all records required to be kept by law,
rule or regulation, or records required to document performance of the Services specified in the
Contract Documents. The records shall be maintained for the period required by law, for a
reasonable period in the absence of applicable law, or for two (2) years after completion of all
Services, whichever is greater. Contractor shall provide to CPS Energy copies of such records as
provided in the Contract Documents or as reasonably requested by CPS Energy after performance
of the Services.
29.
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.
30.
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.
31.
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.
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IN FAITH WHEREOF, Witness the hands and seals of both parties on the day and year written in
this Agreement.
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 2 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
$500,000.00
$1,000,000.00
The Commercial General Liability Policy will include the following coverage’s where
applicable:
1.
2.
3.
4.
5.
6.
1.04
Bodily injury & Property damage on an “Occurrence” basis
Premises & Operations
Independent Contractors
Products/Completed Operations
Contractual Liability
Personal Injury Liability
Business Automobile Insurance for all owned, non-owned, and hired vehicles.
Combined Single Limit BI & PD
1.05
$500,000.00
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.
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1.06
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.
1.07
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).
1.08
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.
1.09
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.
1.10
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.
1.11
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.
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1.12
Nothing herein shall reduce or alter any obligation CONTRACTOR has to indemnify,
defend or hold harmless the Indemnified Parties identified in the Agreement.
1.13
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.
1.14
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
CPS ENERGY POWER STATIONS AND POWER PLANT SITES
CALAVERAS POWER STATION
1. J. T. Deely Power Plant
12940 U.S. Highway 181 South
San Antonio, Texas 78223
2. O. W. Sommers Power Plant
12940 U.S. Highway 181 South
San Antonio, Texas 78223
3. J. K. Spruce Power Plant
12940 U.S. Highway 181 South
San Antonio, Texas 78223
4. Solid Fuels Handling - Coal Yard
12940 U.S. Highway 181 South
San Antonio, Texas 78223
BRAUNIG POWER STATION
1. V. H. Braunig Power Plant
15290 Streich Rd.
Elmendorf, Texas 78112
2. AVR Power Plant
15290 Streich Rd.
Elmendorf, Texas 78112
LEON CREEK POWER STATION
1. Leon Creek Power Plant
7718 Quintana Rd.
San Antonio, Texas 78205
RIO NOGALES POWER PLANT
1. Rio Nogales
711 Rio Nogales Drive
Sequin, Texas 78155
NOTE:
All power plants are located within a fifty (50) mile radius of each other.
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EXHIBIT C
SPECIFICATIONS FOR PRODUCTS AND/OR SERVICES
1.0
INTRODUCTION
It is the intention of CPS Energy to employ services of a Contractor to furnish Products
and/or Services on an as-needed basis to assist CPS Energy in either supply of parts only,
testing only, repair only, installation only, or any combination of such Product and/or
Services deemed necessary to support Power Generation Projects. Contractor’s Products
and/or Services shall consist of a wide array of OEM and/or Non OEM Gas or Steam
Turbine, Compressor, Generator and Balance of Plant Products and/or Services common
for the Power Generation Industry
2.0
PRODUCTS
Contractor shall have the capabilities to supply, manufacture, machine, stock, engineer,
reverse engineer, re-engineer, weld, repair, stress relieve, analyze, measure, draw, model,
etc… the following Products.
Steam Turbine, Gas Turbine, Compressor, Generator, Miscellaneous and Specialty
Products
 Valve Components and Accessories, Bolting and Fasteners, Stationary and Rotating
Steam Path, Gas, Compressor and Accessories, Packing, Seals, Spill Strips and
Accessories, Generator Parts and Accessories, Miscellaneous Parts, Specialty Parts,
Other…
2.1
Valve Components and Accessories
Seats, Bushings, Caps, Stems, Shafts, Sleeves, Covers, Cross Head Assembly,
Cross Head Bushings, Linkage Components Flanges, Spacers, Cam Shafts, Pinions,
Discs, Gaskets, Gears, Pistons, Poppet’s, Cup Seats, Control Valves, Inner Valve
Discs, Rods, Rings, Rollers, Pins, Nuts, Locking Plates, Keys, Keeper Rings,
Retainers, Split Collars, Pressure Seal Heads, Balance Chambers, Other…
2.2
Bolting and Fasteners
Bolts, Fasteners and Pins from 1/8” to 6” diameter, any length, Studded Bolts, Thru
Bolts / Studs, Shoulder Bolts, Coupling and Jacking Bolts, Set Screws, Socket Head
Screws, Socket Head Bolts, Lock Plates, Pant Leg Washers, Flat and Spherical
Hardened Washers, Hex Nuts, Castlated Nuts, Cover Nuts, Straight Pins, Split Pins,
Dowels, Rivets, Nitrided Components, Other…
2.3
Stationary and Rotating Steam Path, Gas, Compressor and Accessories
Buckets, Blades and Accessories, Dovetail Root, Finger Root, Axial Entry,
Tangential Entry, T Root, Ball Root, Angle Tip, Lock Blade, Mid Spans, Balance
Plugs, Hydrogen Blower Blades, Air Foil Blades, Shrouds, Tenon, Erosion Shields,
Tie Wire, Nozzle Plates, Nozzle Horizontal Joint Hardware, Box Hardware, Gib
Keys, Spacers, Dowels, Diaphragm Hardware, Joint Keys, Shims, Support Bars,
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Snubbers, Journals and Couplings, Lock Nuts, Centering Keys, Building Keys,
Ledge Keys, Running Keys, Elevation Blocks and Liners, Bell Seals, Snout Rings,
Pins, Other…
3.0
2.4
Packing, Seals, Spill Strips and Accessories
Conventional Packing, Hybrid Seals, Gland Rings, Dummy Rings, Gland Packing,
Spill Strips, J-strip, Caulked–In Seals, Spring Back Seals, Diaphragm Packing,
Labyrinth Rings, Packing Springs, Retaining Keys, Pins, Rivets, Other….
2.5
Generator Parts and Accessories
Hydrogen Seals, Air Seals, Oil Deflectors, Springs, Fan Blades and Vanes, Brushes
and Holders, Shaft Grounding Devices, Wedges, Insulators, TC’s and RTD’s,
Gaskets, Sealants, Oil Deflectors, Other…
2.6
Miscellaneous Parts
Strainers, O-Rings, Sleeve Bearings, Ball Bearings, Roller Bearings, Cam Shaft
Bearings, Pedestal Bearings, Journal Bearings, Servo Parts, Solenoid Parts, Limit
Switches, Pressure Switches, Motors, Speed Sensors, Front Standard Components,
Impellers, Oil Seals, Pilot Valve Assemblies, Governor Drive Gears, Worm and
Wheels, Piston and Rings, Cartridges, Gaskets, Vibration Sensors, Hydraulic
Cylinders, Atmospheric Relief Diaphragms, Exhaust Hood Spray Nozzles
2.7
Specialty Parts
Contractor must be capable of manufacturing specialty parts using engineering
CAD/CAM and other services with ability of reverse engineering on an emergency
around the clock basis.
SERVICES
Contractor shall have the capabilities to perform the following Services:
Steam and Gas Turbine, Auxiliary, Generator, Balance of Plant and Other Specialty
Services
Facility and Field Machining and Welding for Gas and Steam Turbine and Auxiliary
Repairs, Engineering, Generator Testing and Repair, Transportation Services, Balance of
Plant and Other Specialty Services
3.1
Facility and Field Machining Repair Services for Gas and Seam Turbine and
Auxiliaries
Contractor shall have repair division to perform machining and weld repair services
at their shop facilities and/or in the field.
a)
PR # 10475697
Contractor facility repair group should have necessary equipment to
perform machining and weld repair service at facility such as Overhead
Crane, Jib Crane, Assembly and Disassembly Station, Inspection Station,
Dustblasting, Tool Area, CNC machines, Lathes, Mills, Measuring
Equipment, Bore Gages, Micrometers, Calipers, Thread Plug Gages,
Thread Ring Gages, Pitch Gages, Radius Gages, Level Gages, Pin Gages,
Gage Blocks, Material Testing Equipment, Grinders, Drills, Weld Station,
Stress Relieving, Balance of Facility Equipment, Other…
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3.2
3.3
b)
Contractor field repair group should have necessary equipment to perform
machining and weld repair services in the field such as Portable Lathe,
Portable Balance Machinery, Portable Machine Equipment, Tool
Containers, Portable Milling Machine, Portable Drill Press, Punch Press,
Portable Tool Trailers, Portable Weld Equipment, Manual and SemiAutomatic Welding (SMAW, GMAW, GTAW, STAW, SAW), Brazing,
Weld Materials, Stress Relief Equipment, Other…
c)
Facility and field machining and weld repair group shall be capable to
perform repairs on gas and steam turbine and auxiliary equipment such as
Valves, Control, Intercept, Throttle, Main Stop, Combine Reheat, Reheat
Stop, Governor, Blowdown, Ventilator, Valve Seats, Valve Bodies, Nozzle,
Diaphragms, Removal and Replacement Studs, Critical Fits, Steam Chest,
Rib Refurbishment, Flanges, Pipes, Casing Bolt Threads, Joint Machining,
Snout Restoration, Boring Bar Machining, Machining Fits and Seals,
Packing Box Head Restoration, Rotors, Deflectors, Turning Gears, Pumps
Shells, Nozzles, Strainers, Gear Boxes, Balance of Plant Equipment,
Other…
Facility and Field Engineering Services
Contractor shall have engineering division to perform engineering, reverse
engineering and re-engineering, services at their shop facilities and/or in the field.
a)
Contractor’s engineering division should have necessary equipment to
perform engineering services at facility or in the field respectively such as
Measuring Machines and Equipment, Portable Faro Arms, Material
Analyzers, 3D Scanning Devices, Other….
b)
Contractor’s engineering division should have leading technology
equipment to perform engineering dimensional evaluation services at
facility or in field respectively such as Computerized CAD/CAM, CMM
Machine, 3D laser scanning, Material Analysis, and Reverse Engineering
Analysis Equipment
c)
Contractor’s engineering division should have capability to perform Rotor
Analysis, Structural Analysis, Stress Analysis, Failure Analysis and
Hardness Testing, Other…
Generator Testing and Repair Services
Contractor should have generator testing and repair division to perform generator
testing and repair services at their shop facilities and/or in the field.
a)
PR # 10475697
Contractor’s generator testing and repair division should have necessary
equipment to perform testing and repair services at facility or in the field
respectively such as Pressure and Vacuum Decay, AC High-Potential,
Physical Examination, Insulation Resistance, AC Impedance, Pole Balance,
Polarization, Capacitance Mapping, Radial Lead Seal Leakage, DC
Leakage, Digital EL CID, RSO Testing, Resonance Tuning, RTD
Resistance, NDE Other…
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b)
3.4
4.0
Contractor’s generator testing and repair division should be capable to
perform testing and repair services such as Partial or Full Stator Rewinds,
Stator Wedge System Upgrades, Stator Clip Replacement, Stator Flush and
Bake, Rotor Partial and Full Rewinds, Main Lead Replacement, Rotor High
Speed Balance, Rotor Retaining Ring Change Outs, Boresonic Inspections
Transportation Services
Contractor should have transportation division to support shop facilities and/or in
the field.
a)
Contractor’s should have reliable transportation service to support safe
handling of high valued and time sensitive shipments. Carriers shall be fully
insured capable of handling regular scheduled deliveries and emergency
deliveries 24 hours day, 7 days a week and 365 days a year.
b)
Contractor’s transportation services shall be capable of supporting Hot Shot
Deliveries
ON SITE SERVICE REQUIREMENTS
The Contractor shall provide all labor, equipment and machinery, parts and materials,
and/or any other approved costs necessary to perform Products and Services, on an as
needed basis, and as requested by the CPS Energy Field Representative, at all Power Plant
Stations and Power Plant Sites per Exhibit B for Products and/or Services included in
Specifications Sections 1.0 through 3.0.
4.1
After contracts are established, each project request will require CPS Energy
Representatives and Contractors to follow procedures for placing a product and/or
service order per Exhibit E with either Lump Sum Pricing or Time and Materials
using the rates submitted under Schedules A through E, attached herein.
4.2
After contracts are established, for each project where additional services are
requested will require CPS Energy Representatives and Contractors to follow
procedures for Change Orders per Exhibit F with either Lump Sum Pricing or Time
and Materials using the rates submitted under Schedules A through E, attached
herein.
4.3
If Contractor fails to submit three (3) consecutive bids on solicited projects, the
Contractor can be removed from the pre-qualified list by CPS Energy
Representative and will not have an opportunity to submit bids under this Contract.
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5.0
ON SITE SERVICE CREW REQUIREMENTS
For repair, testing, installation and maintenance work, Contractors crews shall consist of
trained and qualified workers, supervision, journeyman, apprentices and trainees capable
of the following activities.
a)
b)
c)
d)
f)
g)
h)
i)
J)
k)
l)
6.0
Read diagrams and schematic drawings to determine work procedures
Operate rig equipment, cranes and dollies to place heavy parts and machinery
Measure, align and test equipment
Interpret technical documents used to perform
Align and test equipment and make any necessary adjustments.
Use the following essential skills during daily work execution.
Capable to communicate effectively, orally and verbally.
Capable to problem solve in order to develop strong solutions to diverse problems.
Capable to make quick and optimum decisions.
Capable to interact with all co-workers in order to perform work safely, cost
effectively, timely and within acceptable quality standards.
Capable to work with computers.
5.1
Contractor Field Supervision will be led by Site Superintendent and/or crew foreman
during all maintenance activities. CPS Energy reserves the right to provide OEM
technical advisors.
5.2
A Safety Specialist or equivalent safety professional is required to be onsite during
significant Contractor repair, testing, installation and maintenance activities.
ON SITE SERVICE PLANNING
For any scheduled project work, CPS Energy will contact the Contractor(s) as soon as
possible but no later than three (3) days prior to start of work to review and discuss jobsite details, equipment requirements, project duration, crew size, work hours, crew makeup and any other necessary requirements. Each Contractor shall have two (2) days from
the date CPS Energy submits the job package (Scope of Work) to the Contractors to prepare
and submit Lump Sum pricing to the CPS Energy Field Representative for evaluation. The
Contractor will then be allowed to arrive on site for set-up one (1) week prior to start of
work.
6.1
For forced outage activities and emergency projects, the Contractor will have
twenty-four (24) hours to arrive on site and start work.
6.2
For each project, the Contractor shall submit to CPS Energy, at time of request, a
work schedule in an electronic format. The work schedule shall provide dates and
time for tracking purposes. The work schedule shall be updated daily to determine
progress of work.
6.3
For all work activities, project and any approved additional services under each
project, Contractors shall furnish CPS Energy with a detailed cost breakdown of
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such Lump Sum turnkey pricing whereby such individual components (i.e., labor,
equipment and machinery, parts and materials, and any other approved costs) are
in accordance with the rates submitted under Schedules A through E.
6.4
As work progresses for each project, CPS Energy will determine the productivity
of the Contractor. The Contractor will be given required deadlines, which must be
met. If deadlines are not able to be met once work has started, Contractor shall
work the hours necessary to complete the work by the deadline at no additional cost
to CPS Energy.
6.5
Contractor is not responsible under this Contract, for the management or disposal
of any known hazards that may exist at the respective job site. If any hazards are
found, Contractor shall immediately cease all work and shall 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 services. CPS Energy shall be
responsible for testing, removing, handling and disposing of any known hazards.
6.6
For equipment/material supply, at time of request, Contractor shall provide a firm
price for each piece of equipment to be supplied along with the estimated delivery
time.
7.0
ON SITE SERVICE HOURS
The Contractor’s crews shall be capable of working twenty-four (24) hours a day until
completion of each project. Projects may consist of eight (8), ten (10) or twelve (12) hour
shifts. In addition, the Contractor may be required to work any hours necessary to reduce
conflicts with CPS Energy work. No employee of the Contractor will be allowed to work
more than sixteen (16) hours in any twenty-four (24) hour period. The Contractor’s
working hours shall be discussed and mutually agreed upon before commencement of each
job.
8.0
ON SITE GENERAL REQUIREMENTS
For repair, testing, installation and maintenance and/or on-site work
8.1
Contractor shall provide supervision, personnel, tools, consumables, safety
equipment, rental equipment, mobilization, demobilization, transportation, fuel and
per diem required for the performance of all work.
8.2
Contractor shall perform services in accordance with applicable API, ASME and
AWS codes, for power plant industry best practices and the Contractor’s Quality
Control (QC) Program.
8.3
Structural components that are removed to facilitate the Contractor’s work shall be
replaced by the Contractor. Before removal of any structural components,
Contractor shall seek approval from the CPS Energy Field Representative. Any
damage to structure or CPS Energy power plant equipment directly attributable to
the Contractor will be the Contractor’s responsibility.
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8.4
Contractor shall be responsible for obtaining and coordinating any subcontracting
services to include but not limited to field or shop manufacturing services, field
machining rentals, scaffolding, sheet metal work and aluminum lagging. A list of
names and addresses of all Subcontractors to be used, if any and the proposed
services each Subcontractor would perform shall be submitted to the CPS Energy
Field Representative. These Subcontractors must meet the approval of CPS Energy
prior to the execution of each project. The Contractor will also be expected to
coordinate services with other Contractors and CPS Energy power plant personnel
to ensure all work activities and projects are completed on schedule.
8.5
The use of CPS Energy plant service air, power and water for Contractor’s tooling
equipment needs will be limited and subsequently will required prior approval from
the CPS Energy Field Representative prior to use.
8.6
Contractor shall be responsible for keeping its personnel in their assigned work
areas. Any Contractor personnel found in other areas of the property, without
CPS Energy approval, shall be removed from CPS Energy’s property.
8.7
CPS Energy reserves the right to inspect all services and to make
recommendations to the Contractor to discharge any person whose work is found
not conforming to any code requirements. Any aspect of the services found to be
unacceptable shall be corrected at Contractor’s expense.
8.8
CPS Energy has a zero tolerance drug and alcohol policy. The Contractor shall be
responsible for providing drug and alcohol-free personnel and shall randomly test
personnel for drug and alcohol usage. Any of its personnel found using drugs or
alcohol shall be removed from CPS Energy’s property.
8.9
Contractor shall be responsible for unloading, storing, handling and maintaining
material laydown areas for all tools, equipment and consumables provided for
performance of the services.
8.10
Contractor shall keep the job sites clean and neat at all times while performing
services and shall clean the job sites, material lay down areas, and shall remove any
portable buildings from the job site upon completion of each project. CPS Energy
shall perform a final cleanup inspection and if an area is found to be unsatisfactory,
the Contractor shall continue cleaning the area until it meets CPS Energy’s
approval.
8.11
Contractor shall be responsible for hauling scrap and refuse generated from each
project to the power plant’s assigned scrap disposal sites.
8.12
The Contractor’s personnel will be required to follow all CPS Energy safety rules
as well as the Contractor’s own safety policies. If Contractor believes that an unsafe
condition exists on the jobsite directly or indirectly affecting the work he or his
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Subcontractors are about to do, it is the Contractor’s responsibility to correct the
unsafe condition before proceeding with the work or to contact the proper party,
and ensure that such party corrects the condition prior to Contractor’s proceeding
with the work.
9.0
10.0
8.13
Contractor shall be required to notify the CPS Energy Field Representative
immediately if the Contractor suspects Asbestos and/or Lead Abatement is required
for any work activity. CPS Energy will be responsible for all abatement activities.
8.14
Contractor shall be required to notify the CPS Energy Field Representative
immediately if the Contractor suspects arsenic in work areas.
8.15
The Contractor shall be required to perform post-maintenance testing on all
equipment they work on or install as required by CPS Energy and agreed upon by
both parties prior to the start of the work.
DOCUMENTATION REQUIREMENTS
9.1
If the Contractor is working a time and material project, Contractor shall be
responsible for supplying the CPS Energy Field Representative with time sheets,
identifying each worker by name, craft, hours worked, and CPS Energy Purchase
Order Number and Work Order Number assignment on a daily basis for approval.
9.2
Contractor shall provide all equipment drawings, O&M manuals, installation
drawings, etc. to CPS Field Representative before material/equipment is delivered.
If Contractor is responsible for installation of equipment, Contractor shall provide
as-installed drawings showing any mark-ups that were required for proper
installation of the equipment/material.
9.3
A Contractor quality control/quality assurance (QA/QC) program shall be used to
ensure for quality work practices during all CPS Energy work activities.
9.4
Repair reports prepared by the Contractor or Subcontractor shall be submitted to
CPS ENERGY when work is completed within 30 days of the completion of work.
CODES AND STANDARDS
All Services provided in this Specification shall comply in every respect with the
Contractor’s quality assurance manual and all applicable codes, standards, specifications,
and test procedures of the below organizations. If differences exist, the more stringent
conditions will apply.
10.1
10.2
10.3
PR # 10475697
NFPA Code 241 – Construction and demolition operations
ANSI – A10 safety requirements for construction and demolition
ASME – American Society of Mechanical Engineers, Boiler and Pressure Vessel
Code
Ex C – Page 8 of 11
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10.4
10.5
10.6
10.7
10.8
10.9
10.10
10.11
10.12
10.13
10.14
10.15
10.16
10.17
10.18
10.19
a)
Section I – Power Boilers
b)
Section II – Material Specifications
c)
Section V – Non-destructive examination
d)
Section IX – Welding Qualification
ANSI – American National Standards Institute
ASTM – American Society for Testing and Materials
AWS – American Welding Society
API – American Petroleum Industry
ABMA – American Boiler Manufacturers Association
NFPA – National Fire Protection Institute
NEC – National Electric Code
IEEE – Institute of Electrical and Electronic Engineer
NBIC – National Board Inspection Code
OSHA – National Occupation Safety and Health Association
AISC American Institute for Steel Construction
AISI American Iron and Steel Institute
MSS Manufacturers Standardization Society
SBC Standard Building Code
SSPC Steel Structures Painting Council
UL
Underwriters Laboratories
10.20 All references to codes, standards and material specifications shall be the latest
applicable revision, including all supplements and revisions up to the date of the
Contract.
10.21 Contractor shall be responsible for any violations of codes and/or standards.
10.22 The Contractor is responsible for following CPS Energy’s Power Generation
Policy for Contractors, which is provided as Exhibit D.
10.23 Contractor shall meet all requirements set forth in the lead construction standard 29
CFR 1926.62 and confined spaces in accordance with 29 CFR 1910.146.
11.0
ON SITE CONSUMABLES
The Contractor shall be responsible for furnishing all consumables necessary to perform
any of the services described herein such as welding rods, paint, grinding stones, cutting
supplies, rags, lubricants, cleaners, proper Personnel Protective Equipment, welding and
cutting gases and any other materials required to complete the work safely and efficiently.
During work execution and at the completion of the job, prior to demobilization, the
Contractor shall follow the Painting, Blasting and Welding guidelines per Attachment 2.
The Contractor shall complete all necessary forms as a result of the Painting, Blasting and
Welding guideline requirements including but not limited to the Welding Rod and Gas Use
Form listed in Attachment 1. Contractor shall provide Chain of Custody for all Chemicals
brought to site for each job.
12.0
MATERIALS AND PARTS
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For repair, testing, installation and maintenance and/or on-site work.
13.0
12.1
The Contractor shall be required to supply all soft goods, nuts, bolts and washers
required to complete a job/project. Contractor is responsible for purchasing and
receiving parts and materials that are ordered for a project and/or maintenance
activity.
12.2
CPS Energy reserves the right to procure and purchase parts and materials for any
activities. In some cases, CPS Energy will furnish required parts and materials and
other cases the Contractor will be required to furnish parts and materials.
CPS Energy will assign the responsibility of procurement and purchase prior to the
start of an activity. The Contractor shall be given reasonable time to procure and
purchase all parts and materials required.
12.3
Purchases of materials and parts by Contractor must receive the approval of the
CPS Energy Field Representative prior to procurement.
12.4
All materials or parts either paid by CPS Energy or left over from a particular
project will become the property of CPS Energy upon completion.
SAFETY
13.1
The Contractor’s personnel and/or Contractor’s Subcontractor’s personnel will be
required to follow all CPS Energy safety rules according to the CPS Energy Safety
Requirements (Exhibit D) and CPS Energy Power Generation Policy Contractors)
as well as the Contractor’s/Subcontractor’s own safety policies. If Contractor
believes that an unsafe condition exists, it is the Contractor’s responsibility to
correct the unsafe condition before proceeding with the work, or to contact the
proper party, and ensure that such party corrects the condition prior to Contractor’s
proceeding with the work.
13.2
The Contractor shall abide by all OSHA safety rules during the course of any
project and/or maintenance activities. CPS Energy’s Safety Department will
initially address the violation of any OSHA safety rules. CPS Energy’s Safety
Department will report repeated violations to OSHA.
13.3
Contractor shall supply CPS Energy with an up to date safety incident rate for the
last twelve (12) month period, identifying all OSHA recordables on a monthly
basis. The Contractor shall also identify any open OSHA investigations that are
currently in progress.
13.4
The Contractor shall report any OSHA Recordable injuries immediately following
the injury using formal reporting.
13.5
The Contractor shall perform a Root Cause Analysis for all safety incidents
including First Aids, Near Misses, OSHA’s, Lost Time Injury, etc and submit an
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initial report of findings to CPS ENERGY within 3 days of the incident and a
formal report of findings to CPS ENERGY within 30 days of the incident.
13.7
PR # 10475697
The Contractor shall have Safety Professionals located on CPS Energy site during
Contractor work at all times at a ratio shall not less than 1 to 50 respectively
and/or as determined necessary by CPS Energy Field Representative and defined
in Scope of Work requests.
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EXHIBIT D
POWER GENERATION POLICY FOR CONTRACTORS
I.
CONTRACTOR WORK AREA

Contractor personnel are only allowed in work areas as designated by Field
Representative., Contractor personnel outside these designated areas, without prior
authorization from CPS Energy, may be subject to removal from job site.

Contractors shall keep work area neat and orderly and shall remove debris and trash
from work area on a daily basis.

Contractor foreman shall sign in and sign out of LOTO room daily.

Contractor shall not bring animals or feed any stray animals on CPS Energy property.

Contractors are permitted to smoke in designated smoking areas only during lunch and
breaks. Cigarette or cigar butts, unused tobacco, filters or other materials (except ash)
not completely consumed by the act of smoking shall be properly disposed of in
designated containers, if provided, or otherwise properly extinguished as to not cause
a fire hazard.

Smoking is prohibited on, under or within 25 feet of all CPS Energy Facilities and on,
in or within 50 feet of:
o Vehicles used for hauling fuel oils, gasoline, explosives or fueling operations,
o Areas used for fueling or servicing fuel systems for internal combustion engines or
for receiving or dispensing of flammable or combustible liquids,
o Cylinder storage areas containing flammable gas.
II.
SAFETY & SECURITY

Required onsite personal protective equipment (PPE): hardhat, safety glasses, hearing
protection, safety work boot, 100% cotton long sleeve shirt, and protective gloves.

Safety work boot requirements:
 6” leather upper
 Protective safety toe
 EH rated
 Rubber or slip resistant sole

Long sleeve shirts must be rolled down and buttoned.
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
Protective gloves must be carried while onsite and used as appropriate.

Contractor shall provide additional PPE as required for work and ensure its proper use.

Hard hat must be labeled with Contractor company name and employee name.

Contractor personnel shall attend CPS Energy safety orientation meeting before
entering work area.

Contractor personnel shall wear CPS Energy issued pass or badge onsite. Contact Field
Representative to discuss pass and badge options. A background check may be
required for some badges. Contractor shall return badges to Field Representative at
completion of work.

As part of the North American Electric Reliability Corporation (NERC) CIP standards,
a Contractor that is required to gain entry into a Controlled and/or Restricted Area,
must complete Contractor Employee Data Form and have required background check
performed. This access is granted only to Contractors who have been issued an
appropriate level of access with their ID card, and escorted if required.

Red Danger Tape and Barricades – Contractor is responsible for providing and
managing red danger tape and barricades, if required. Red danger tape and barricades
must be in accordance with all CPS Energy requirements. No access is allowed in areas
that have red danger tape or barricades unless red danger tape or barricades were
installed by Contractor.

Yellow Caution Tape – Areas that have yellow caution tape have limited access and
should be avoided. Yellow caution tape must be in accordance with all CPS Energy
requirements.

Contractor shall not remove any red danger, yellow caution or any other barrier tape
that has been installed by CPS Energy or any other responsible party.

Red danger, yellow caution or any other barrier tape shall be accompanied by a white
information tag stating date, its purpose and Contractor’s name and contact number.
Once all work inside taped area is finished, Contractor shall remove tape and dispose
of properly.

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.
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
Contractor shall hold daily safety meetings or tailboard meetings with crews to discuss
potential safety hazards and address safety issues associated with each work activity
with their crews. A record of meeting shall be available for review as requested by
Field Representative or Safety Specialist.

Updated safety training records for each Contractor employee working onsite shall be
available for review as requested by Field Representative or Safety Specialist. Safety
training records requested may include but not be limited to fall protection training,
confined space training, communication protocol training, equipment use training (i.e.
heavy equipment, welding, etc.) and other safety training applicable to heavy industry.

Contractor shall report all on-the-job injuries, accidents, first aids, near misses and
onsite OSHA recordables to Field Representative. Contractor personnel are
responsible for notifying their immediate supervisor whenever they are involved in an
accident, incident, or near-miss situation on job. Notification for injuries, accidents,
and incidents is required immediately, but at least by end of work shift. If after hours,
notification must be made immediately the next business day. For Emergency
situations, see Section XII – EMERGENCY.

Contractor shall submit to Field Representative, either form below or a monthly report
each month that work is performed. Information must include the PO#, month in which
work was performed, number of man hours, and number of near misses, first aids and
OSHA’s. If there is not any information to report, submit PO#, month in which work
was performed and number of man hours and indicate zeros for all categories. This
information may be used for future contract negotiations.


III.
NO firearms or ammunition of any kind is allowed on CPS Energy premises. Violators
are subject to immediate removal.
DRUGS AND ALCOHOL

IV.
If Contractor is located on-site for a project or multi-year contract, Contractor
may be given access to CPS Energy Contractor Safety Metric database system
to enter information pertaining to first aids, near misses and onsite OSHA
recordables. Data must be entered by 6th day of the month.
Contractor personnel reasonably believed by CPS Energy to be under the influence of
drugs or alcohol will be immediately removed from job site by Contractor.
CPS ENERGY PROPERTY

Contractor personnel reasonably believed by CPS Energy to be defacing CPS Energy
property or converting CPS Energy property to his/her own use shall be immediately
removed from job site and may be subject to potential prosecution and claims filed by
CPS Energy.
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V.
VI.
CLEARANCE AND EQUIPMENT

Contractor shall not operate CPS Energy electrical breakers.

Contractor shall not remove confined entry placards, electrical danger tags, clearance
tags or mechanical clearance tags.

Whenever Contractor personnel require equipment clearances, Field Representative
and Contractor will share their Lockout/Tagout procedures. Contractor will ensure
Contractor personnel fully understand and comply with CPS Energy LOTO procedure
(section 3.6 - Clearances for Outside Contractors/Personnel).

If LOTO is required, Contractor shall add Contractor lock to LOTO prior to beginning
work. Contractor must remove lock once work is complete.

If plant auxiliary services are required (i.e., air, water, electrical, etc.), it will be
necessary to contact LOTO Coordinator or Operations Supervisor to make
arrangements. Under no circumstances shall Contractor operate CPS Energy
equipment, which includes, but not be limited to, valves, faucets, electrical switches,
pumps and compressors unless authorized by CPS Energy personnel.

Contractor will not open any access door to a confined space. CPS Energy will open
necessary access doors and perform initial confined space permit. Contractor will then
maintain confine space permit.

Contractor or Contractor personnel violating these requirements shall be subject to
immediate removal from job site.
ELECTRICAL REQUIREMENTS

CPS Energy will only furnish power as per specification. Contractor must supply its
own electrical equipment such as extension cords, GFIs, distribution panel.

If CPS Energy provides power cord plugs to Contractor, plug must be returned before
leaving site. If not returned, Contractor will be billed at cost plus 50%.

Contractors shall provide an estimate of electrical power necessary to perform work
(480V, 240V, 120V & amps). Contractor must submit completed Power Requirement
Sheet (see below) to Field Representative at least four (4) weeks prior to start of a
project.
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POWER REQUIREMENT SHEET
Plant and Unit
______________________________
CPS Energy Field Representative
______________________________
CPS Energy Coordinator/Planner
______________________________
CPS Energy Contact Electrician Foreman
______________________________
Contractor Name
______________________________
Contractor Contact Person
______________________________
Contractor Contact Person Phone No.
______________________________
Date to be On-Site
______________________________
Date Power Needed
______________________________
Date to Unhook Power
______________________________
VII.
SCHEDULE

Contractor shall submit to CPS Energy an outage or work schedule. Schedule should
be in Primavera, Microsoft Project or Excel format or as specified by Field
Representative prior to start of each project or work activity.

A Contractor representative must attend meetings scheduled by Field Representative.
An updated work schedule is required prior to each meeting unless other arrangements
have been made with Field Representative.
VIII. PARKING

Contractor company vehicles and equipment must display Contractor company name
on both sides before entering designated work area. Prior arrangements must be made
with Field Representative to determine number of Contractor company vehicles that
will be allowed in designated work area.

Contractor personnel must park personal vehicles in designated personnel vehicle
parking area and shall be shuttled by Contractor to work area. Walking to or from
designated parking area is not allowed. Contractor personnel found walking to or from
parking area are subject to search by CPS Energy Security.
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IX.
X.

Parking for Rio Nogales Power Station is located street outside of Plant unless
otherwise approved to come onsite by plant management. Rio Nogales has one gate
guard in which Contractors will sign in. Contractors shall sign in control room when a
gate guard is not present.

Contractors are responsible for keeping parking area free of debris and material.

Prior arrangements must be made with Field Representative to park equipment and tool
trailers in a designated area. Field Representative will coordinate trailer location with
planning coordinator or plant manager.

Contractors are prohibited from tailgating or piggybacking onto site or into controlled
areas.
LUNCH

CPS Energy cafeterias are not large enough to accommodate all personnel onsite at one
time.

Use of cafeterias by Contractor personnel is strictly prohibited unless authorized by
Field Representative assigned to Contractor prior to Contractor beginning work.
Cafeteria shall only be used for lunch.

If Contract personnel are authorized to use CPS Energy cafeterias, they shall eat during
their designated time period.

Cafeteria privileges may be revoked if Contractor personnel violate scheduled lunch
periods.
ELEVATORS

Contractors may use elevators if authorized by Field Representative.

Contractors shall be responsible for proper use and care of elevators used by Contractor
personnel. Damage due to misuse, accident, or negligence by Contractor personnel
will be repaired by CPS Energy at Contractor’s expense.

Contractors found misusing elevators shall have their privileges revoked.
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XII.
RESTROOMS

Contractors must supply their own restroom facilities and place them at a location
designated by Field Representative unless Field Representative has approved use of
CPS Energy restrooms.

Contractors who are approved for use of CPS Energy restroom facilities may only use
restroom facilities which are designated by Field Representative.

Contractor personnel using CPS Energy restrooms are responsible for conducting
themselves in a manner which keeps restroom facilities clean and free from trash.
CPS Energy reserves the right to withdraw its approval of Contractor personnel using
CPS Energy restroom facilities if this requirement is not strictly followed.
XII.
EMERGENCY
In case of an emergency, Contractor shall use following procedure. DO NOT CALL 911
DIRECTLY. Shift Supervisor will be responsible for calling in emergency through
CPS Energy dispatcher.

Sommers, Deely or Spruce, or Braunig:
Use page system and say “(name of site – Sommers, Deely, Spruce or Braunig) Control
Room Party #____”. Ask for Shift Supervisor (if he is not in control room, talk with
CRO). Tell Shift Supervisor or CRO you are a Contractor and give your name and
company name. Tell him what type of emergency exists, if someone is hurt, and
whether the injured person needs an ambulance or immediate medical attention. Tell
the Shift Supervisor to inform the Field Representative, (name of Field Representative)
of the accident, Cellular: (Field Representative Phone Number).

Leon Creek
Use the issued radio (if any) or personal phone to call the control room, 210-353-4355.
Ask for the Shift Supervisor (if he is not in the control room, talk with the CRO). Tell
the Shift Supervisor/CRO you are a Contractor and give your name and the name of
your Company. Tell him what type of emergency exists, if someone is hurt, and
whether the injured person needs an ambulance or immediate medical attention. Tell
the Shift Supervisor to inform the Field Representative, (name of Field Representative)
of the accident, Cellular: (Field Representative Phone Number).
XIII. DUMPSTERS
CPS Energy may provide construction debris dumpsters. If dumpsters are provided by
CPS Energy, before dumping any construction debris, Contractor must obtain prior
approval from CPS Energy Environmental Section. Field Representative will be point of
contact for Contractor construction debris. There are 6 different types of dumpsters:
asbestos, trash, construction debris, mineral fiber, cardboard and scrap metal. Their
contents are not to be intermingled. Field representative shall point them out to
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Contractor’s site person. If Contractor fills a dumpster, Contractor must notify Field
representative. If Contractor overfills a dumpster it will be the responsibility of Contractor
to correct this issue.
XIV. MANAGEMENT OF ACCIDENTAL SPILLS
The use of Contractor equipment could involve incidental or accidental spills, 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 cleanup
and the proper disposal of all such spilled material, including hydrocarbon-contaminated
materials from Contractor-owned equipment and materials. The cleanup 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 Field Representative. In
addition, Contractor shall promptly submit to CPS, 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 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 was released. Contractor shall provide to the CPS Field
Representative, upon request, any information requested by CPS concerning any such spill
report.
XV.
CONTACT NAMES AND NUMBERS
NAME
TITLE
OFFICE #
CELL PHONE
#
HOME #
XVI. CPS ENERGY RECOGNIZED HOLIDAYS











New Year’s Eve (when New Year’s Day falls on Tuesday through Friday)
New Year’s Day (January 1)
Martin Luther King, Jr. Day (third Monday in January)
San Jacinto Day (Battle of Flowers) – Friday of Fiesta Week
Memorial Day (last Monday in May)
Independence Day (July 4)
Labor Day (first Monday in September)
Thanksgiving (fourth Thursday in November)
Day after Thanksgiving
Christmas Eve (when Christmas Day falls on Tuesday through Friday)
Christmas (December 25)
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Contractor Safety Report
Purchase Order #
Month/Year
Near Misses
First Aids
OSHA Recordables
Man-Hours
Comments/Plant Location
*Please submit via email to your Field Representative by the 6th of each month.
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Acknowledgment
I hereby acknowledge and certify that I have read the policy, procedures, rules and requirements
attached to this Acknowledgment and I understand that CPSE may in its sole discretion request
that I remove any person that my company is responsible for from the CPSE job site.
Company Name
Contractor Representative
Title
Date
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EXHIBIT E
PROCEDURE FOR PLACING A PRODUCT AND/OR SERVICE ORDER
Product Orders shall be made through contacting the Contractor's parts department or
Representative by e-mailing a part request from CPS Energy's Field Representative, or
designated CPS Energy's representative. After review of a requested Contractor Quotation,
the CPS Energy's Field Representative, upon acceptance of the Quotation, shall provide a
written Order release (e-mail, fax or letter) to Contractor, at which time the Order will be
shipped to the designated CPS Energy site. Each request shall include a statement of the
following matters as agreed upon by CPS Energy and Contractor:
1.
2.
3.
4.
The quantity and type of parts (part numbers),
The purchase price (including shipment cost if requested in original Order),
The shipping schedule and instructions,
Other special provisions to which both parties expressly agree in writing.
Contractor shall provide shipping/tracking numbers to CPS Energy on all shipments.
For Services, Orders shall be made through contacting the Contractors field or sales
representative with a scope of work for Services including any additional division of
responsibilities in conjunction with scope of work and Exhibit C. After review of a requested
Contractors Quotation, the CPS Energy's Field Representative, upon acceptance of the
Quotation, shall provide authorization via a written Order release (e-mail, fax or letter) to
Contractor. Orders may include products and/or services such as engineering, reverse
engineering, re-engineering, repairs, testing, technical support or any combination for
CPS Energy for outages of any “Equipment”, Gas or Steam Turbine and Generator or any
Balance of Power Plant Equipment. Technical support shall include on-site and off-site
assistance to CPS Energy personnel and its third party Contractor crews performing
emergency-forced outage work and planned outage work on CPS Energy Equipment on an
as-needed basis. All Services shall be coordinated with the CPS Energy Field Representative
whose information is listed on the Purchase Order.
A preliminary report of the findings/recommendations shall be provided to CPS Energy upon
completion of each on-site service call and a final technical report (format approved by
CPS Energy and Contractor) of finding/recommendations shall be provided to CPS Energy
within one (1) month of completion of each on-site service call unless agreed otherwise in
Order.
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EXHIBIT F
CHANGE ORDER FORM
“Example”
Change Order (CO)
PO 2150000– CPS Energy Spruce Unit 1 – BFPT Repairs (Bolting)
CO No
Rev No
Date
001
0
01/01/2015
Contract Section
References
1.0, 2.0, 3.0, Additional Services – No Schedule Impact
Contractor is hereby authorized to perform the change described below in accordance with
the Contract Documents. This Change Order includes all materials, labor, supervision,
overheads and equipment required to perform the following Scope of Work.
It is understood and agreed that the referenced change order Scope of Work will not further
impact the Project Schedule nor the Terms and Conditions.
The Contract is hereby changed as follows:
CPS Energy agrees for Supplier to provide additional services to support BFPT repairs for Spruce
Unit 1 replacing turbine bolting as follows:
 Remove existing bolting
 Drill out broken bolting and tap holes
 Clean and hone remaining turbine bolt holes
 Visually inspect new turbine bolting for damage or defects (Provided by CPS Energy)
 Install new turbine bolting
 Notify field representative upon completion, include work scope in final report
Net adjustment of this Change Order
Previous Contract Price Total
New Contract Price Total
$ 5,000.00 USD
$ 30,000.00 USD
$ 35,000.00 USD
APPROVED BY ____________________________________
Date 01/01/2015
Perry Frisbey, CPS Energy Field Representative
APPROVED BY _____________________________________ Date 01/01/2015
Contractor Representative Name, Contractor Company Name
Change Order No. 001 Rev 0
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EXHIBIT G
CPS ENERGY BUSINESS QUESTIONNAIRE
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EXHIBIT H
CPS ENERGY SUBCONTRACTING DOCUMENTS
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SCHEDULE A
LABOR RATE SCHEDULE FOR SERVICES
Contractor:________________________________
I.
Quotation No.____________
LABOR
Hourly Rate of Pay
10-HR SHIFT
8-HR SHIFT
12-HR SHIFT
Job
Classification
Reg. Time
Overtime
Reg. Time
Overtime
Reg. Time
Overtime
Superintendent
Foreman
Welder
Boilermaker
Fitter
Machinist
Millwright
Electrician
Laborer
Clerk
QC
Safety
Other:________
________
________
$
$
$
$
$
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/hr.
/hr.
/hr.
/hr.
/hr.
/hr.
/hr.
/hr.
/hr.
/hr.
/hr.
NOTE: The above rates shall include all costs (with the exception of consumables) for supervision,
personnel, hand tools, safety equipment and per diem required to perform the Services
specified in this Agreement. The hourly rates shall begin when the actual Services begin.
CONTRACTOR
By:
Printed Name:
Title:
Date:
PR # 10475697
Sch A – Page 1 of 1
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SCHEDULE B
PRODUCT AND/OR SERVICES SENARIOS
Scenario I
For this product, the following assumptions are made:
Key – Running
Part No. General Electric 182A1261P001
Quantity: 4 Each 1.125” Thick
Work Scope - Provide an estimate including shipping ground:
Manufacture New –Running Key
Provide Extra Stock Thickness for Field Fit (+.008” to +.010”)
Requested Lead Time – 2 Weeks
Describe contractor’s process:
May submit as an additional attachment
Estimated Price: _______________________________
Scenario II
For this product, the following assumptions are made:
Horizontal Joint Extension Nut for Joint Bolting
Part No. Westinghouse 2-1/2” Diameter x 5-1/8” Length - Nut
Drawing No. 363B419
Material Specification No. 8337
Quantity: 2
Work Scope - Provide an estimate including shipping ground:
Manufacture New –Extension Nuts
Requested Lead Time – 2 Weeks
Describe contractor’s process:
May submit as an additional attachment
Estimated Price: _______________________________
PR # 10475697
Sch B – Page 1 of 3
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Scenario III
For this product, the following assumptions are made:
Hex Socket Screws - B16 Material, (See Sketch with Dimensions) 
Quantity and Size – 4 EA, “A” Dimension 1.375” – 8 thrd
Quantity and Size – 4 EA, “A” Dimension 1.500” -8 thrd
Work Scope - Provide an estimate including shipping ground:
Manufacture New –Hex Socket Screw
Requested Lead Time – 2 Weeks
Describe contractor’s process:
May submit as an additional attachment
Estimated Price: _______________________________
Scenario IV
For this product, the following assumptions are made:
BFPT Poppet Valve
Part No. General Electric 101A800AB-1
Work Scope - Provide an estimate including shipping ground:
Manufacture New –Poppet Valve
Requested Lead Time – 3 Weeks
Describe contractor’s process:
May submit as an additional attachment
Estimated Price: _______________________________
PR # 10475697
Sch B – Page 2 of 3
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Scenario V
For this product, the following assumptions are made:
Packing Ring Location – HP STG02G1 (Turbine End) / HP STG02G2
(Generator End)
Part No. General Electric M383390 PCB984P077BP006 / M382250 GTB984P077BP007
Original Major OD – 28.5” / 28.5”
Original Minor OD – 28.25” / 28.25”
Rotor Major As Measured – 28.314” / 28.314”
Rotor Minor As Measured – 28.045” / 28.045”
Desired Diametrical Clearance - .5” / .5”
New Desired Long Tooth 28.364”
New Desired Short Tooth 28.095”
Quantity: 1 Each, Packing Ring HP STG02G1/ Packing Ring HP STG02G2
Work Scope - Provide an estimate including shipping ground:
Manufacture New Packing Rings
Requested Lead Time 1 Week
Describe contractor’s process:
May submit as an additional attachment
Estimated Price: _______________________________
* Please note that this pricing will be used as part of the evaluation.
Contractor Signature
Name
Title
Company
Date
PR # 10475697
Sch B – Page 3 of 3
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SCHEDULE C
EQUIPMENT AND MACHINERY RATE SCHEDULE FOR SERVICES
Contractor:________________________________
Quotation No.____________
Rental Rates
Equipment
Daily
(24 Hours)
Weekly
(7 Days)
Monthly
(28-30 Days)
2-Ton Trolley
$
$
$
½-Ton Pickup (Wet)
$
$
$
4000# Air Tugger
$
$
$
1-Ton Truck
$
$
$
1000# Air Tugger
$
$
$
2-Ton Chain Fall
$
$
$
Individual Welding Machines & Cables
$
$
$
Air Mat Jack 20T
$
$
$
Oxygen-Acetylene Rigs w/Hoses
$
$
$
Air Compressors
$
$
$
Scaffolding and Scaffold Boards
$
$
$
Forklifts
$
$
$
Ladders
$
$
$
Vehicles other than Pick-ups
$
$
$
$
$
$
$
$
$
OTHER:
PR # 10475697
Sch C – Page 1 of 2
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NOTE: Contractor shall be responsible for providing the necessary personnel to operate, assemble,
rig up, rig down and transport the above listed equipment, if required. Downtime, as a
result of equipment problems, shall not be included in the final billing.
CONTRACTOR
By:
Printed Name:
Title:
Date:
PR # 10475697
Sch C – Page 2 of 2
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SCHEDULE D
PARTS AND MATERIALS FOR ON SITE SERVICES
Contractor:________________________________
Quotation No.____________
Contractor shall be compensated for 3rd party parts and materials required to perform the Services
described herein at actual cost plus a ______ percentage multiplier. All parts and materials shall
be F.O.B. CPS Energy job site. Invoiced parts and materials with unit prices greater than $25.00
shall be supported with a receipt of purchase for those items at time of billing. When such a copy
of the Contractor’s receipt is not available, the Contractor shall prepare and sign a substitute receipt
indicating the description of the item, unit cost, date of purchase, and supplier from whom item
was purchased.
CONTRACTOR
By:
Printed Name:
Title:
Date:
PR # 10475697
Sch D – Page 1 of 1
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SCHEDULE E
OTHER REIMBURSABLE ITEMS
(Offeror to complete if needed)
PR # 10475697
Sch E – Page 1 of 1
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ATTACHMENT 1
WELDING MATERIAL USAGE FORM
Contractor and/or Project:
Project Start Date:
Plant & Project Location:
All information below should be provided in pounds.
Insert product names at the top of each column (shaded boxes in first row) and enter usage information in rows below. See example on next page.
Work Order
or
Ticket No.
DATE
Total Rods
In
(Pounds)
Total Rods
In
(Pounds)
TOTAL PURCHASED
TOTAL ON HAND
at job End:
TOTAL POUNDS USED FOR JOB #
FLUX/CORE WIRE:
SUM:_____
FILLER WIRE:
SUM: ______
________
MSDSs shall be provided to the contract Field Representative for type each welding, brazing, soldering and rod/wire used. Common electrode classification or industry nomenclature
can be used in lieu of manufacturer name unless they are specialty rods where the manufacturer’s product name is necessary.
Send all completed electronic forms to: Power Plants, Environmental Lab Air. For questions call 353-5818 or 353-4024.
PR # 10475697
Att 1 – Page 1 of 2
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EXAMPLE OF COMPLETED FORM
ABC CONTRACTORS
NOVEMBER 8, 2013
JTD #1 UNIT OUTAGE
WELDING ROD USAGE
PR # 10475697
Att 1 – Page 2 of 2
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ATTACHMENT 2
PAINT, COATINGS AND ABRASIVE MATERIAL USAGE FORM
Foreman:
W.O. #
PLANT / UNIT
PROJECT
DATE
Paint/Coatings:
MANUFACTURER
PAINT/COATING I.D.
AMOUNT USED (gal)
AMOUNT USED (gal)
Part B, if applicable
SPRAY, BRUSH or
Roll?
START TIME A.M.
STOP TIME A.M.
START TIME P.M.
STOP TIME P.M.
Thinners:
MANUFACTURER
THNNER I.D.
AMOUNT USED (gal)
Cleanup:
MANUFACTURER
CLEAN-UP MAT. I.D.
AMOUNT USED (gal)
AMOUNT RECOVERED
for WASTE DISPOSAL
Abrasives:
ABRASIVE I.D.
AMOUNT USED (lbs)
START TIME A.M.
STOP TIME A.M.
START TIME P.M.
STOP TIME P.M.
DESCRIPTION OF WORK / EQUIPMENT
Date:
PR # 10475697
Att 2 – Page 1 of 2
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PR # 10475697
Att 2 – Page 2 of 2
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ATTACHMENT 3
Completed form should be submitted by Contract Field Rep. to the Environmental – Chemical Storage Updates inbox, prior to chemicals coming onto CPS
property. If date chemical will be removed is known, it can be included via email with this Chain of Custody and Safety Data Sheets attached or form resubmitted when chemicals are removed. Reporting must be completed for chemical s in amounts of 5 gallons/50 lbs or more.
PR # 10475697
Att 3 – Page 1 of 1
Collective 7000134092