REQUEST FOR PROPOSALS
FOR
Installation of the Fourth Catalyst Layer
at spruce 2
VOLUME I
RFP No: 7000135447
ISSUED: November 12, 2015
PR No: 10494272
Collective 7000135447
Table of Contents
VOLUME I
Section A - Request for Proposals (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 Proposing
B.5 Signatures
B.6 Firm Proposal
B.7 Time of Completion
B.8 Local Conditions
B.9 Interpretation of Contract Documents
B.10 Ownership of Plans and Specifications
Section C - Minimum Qualifications for Prospective Offerors
C.1 General
C.2 Qualifying Factors
C.3 Information to be Submitted
C.4 Rejection of Proposal
Agreement between CPSEnergy and Contractor
1. General
2. Contract Price
3. Contract Documents
4. Payment
5. Time of Completion
6. Guarantee
Section D – General Conditions
D.1 General
D.2 Contract Documents
D.3 The Contract
D.4 Oral Statements
D.5 Standard Specifications
D.6 Scope, Nature and Intent of Contract Documents
D.7 Figured Dimensions to Govern
D.8 Legal Addresses
D.9 Patents and Royalties
D.10 Independent Contractor
D.11 Relations with Subcontractors and CPSEnergy
Table of Contents
D.12 Protection of Property and Public Liability
D.13 Changes and Additional Work
D.14 Assignment
D.15 Subcontracting
D.16 Right of CPSEnergy to Terminate Contract
D.17 Suspension of Work
D.18 Losses from Natural Causes
D.19 Laws and Regulations
D.20 Taxes
D.21 Utilization of Small Business Concerns
D.22 Permits and Licenses
D.23 Unfavorable Construction Conditions
D.24 Hindrances and Delays
D.25 Extensions of Time
D.26 Guarantee
D.27 Claims for Labor and Materials
D.28 Release of Liability
D.29 Insurance Requirements
D.30 Indemnification
D.31 Engineering Examination
D.32 No Waiver of Rights
D.33 Materials
D.34 Payments
D.35 Withholding Payments
D.36 Acceptance of the Work and Final Payment
D.37 Title
D.38 Right to Audit
D.39 Right of Access
D.40 Equal Employment Opportunity
D.41 Severability of Provisions
D.42 Performance of Contract and Choice of Law
D.43 Conflicts of Interest
Section E – Special Conditions
E.1 General
E.2 Plans and Specifications
E.3 Project Management
E.4 Contractor’s Field Office
E.5 Field Records
E.6 Contractor’s Supervision at the Site
E.7 Method of Field Operation
E.8 Lines and Grades
E.9 Not applicable
E.10 Character of Workmen
E.11 Saturday, Sunday, Holiday and Night Work
E.12 Rejected Work and Materials
E.13 Cleanliness
E.14 Fire Protection
E.15 Security
E.16 Management of Accidental Spills
E.17 Construction Area Limits and Restrictions
E.18 Safety and Protection of Work and Property
E.19 Repair of Damages
E.20 Independent Testing Laboratory
E.21 Cooperation with CPSEnergy
E.22 Construction Plant and Temporary Facilities
E.23 Receiving, Handling and Storage
E.24 Blasting
E.25 Construction Waste/Debris Management
E.26 Recycling/Disposal of Excavated Material
E.27 Other Wastes
E.28 Contaminated Areas
Exhibit A – Minimum Insurance Requirements
Exhibit B – Not applicable
Exhibit C – Power Generation Policy for Contractors
1. Contractor Work Area
2. Safety & Security
3. Drugs and Alcohol
4. CPSEnergy Property
5. Clearance and Equipment
6. Electrical Requirements
7. Schedule
8. Parking
9. Lunch
10. Elevators
11. Restrooms
12. Emergency
13. Dumpsters
14. Management of Accidental Spills
15. Contact Names and Numbers
Power Requirement Sheet
Contractor Safety Report
Acknowledgment
Exhibit D - Not applicable
Exhibit E – Not applicable
Exhibit F – Not applicable
Exhibit G – Final Payment Affidavit
Exhibit H – Not applicable
VOLUME II
Exhibit I – Scope of Work
Exhibit J – General Work Specification
VOLUME III
Attachment A Proposal Pricing
Attachment B Project Construction Information
Attachment C General Contractor Qualifications
Attachment D Subcontractor Qualifications
Attachment E Project Management Plan
Attachment F Quality Program
Attachment G Safety Information
Attachment H Claims History
Attachment I Financial Information
Attachment J CPSEnergy Business Questionnaire
Attachment K Other Information
Attachment L Exceptions
PR 10494272 TOC - Page 4 of 4 Collective 7000135447
SECTION A
REQUEST FOR PROPOSALS (RFP) OVERVIEW
CPSEnergy is interested in acquiring the services of a Contractor for the Installation of the Fourth Catalyst Layer (“Work” or “Project”), located at 12940 U.S. Highway 181 South, San Antonio, Texas. CPSEnergy is interested in a company whose primary business concerns, professional qualifications, technical competence and specialized experience indicate its ability and willingness to satisfactorily perform the Work.
This document provides information to serve as a guide to Offerors for use in formulating their Proposals. General Work Specification is available on the CPSEnergy website, until 11:30 p.m. on November 20, 2015. Offerors must access and save the General Work Specification prior to that date.
A MANDATORY pre-Proposal meeting will be held at 10:00 am (central), on November19,2015, in the JKS Conference Room located at the CPSEnergy’s Calaveras Power Station, 12940 U.S. Highway 181 South, San Antonio, Texas, at which time Offerors may discuss any questions pertaining to the Specifications or other information covered in this Agreement. All attendees must bring state-issued photo identification to obtain a badge for admittance to the meeting. Attendees must bring/wear the following personal protection equipment (PPE): 100% cotton long-sleeved shirt, 100% cotton long pants, footwear with protected toe, safety glasses with side shields and a hard hat. No one will be admitted to the meeting or the site visit without the proper PPE. It shall be mandatory for the Offeror to attend the entire pre-proposal meeting in order for its Proposal to be considered responsive. There shall be no exceptions.
Offerors shall prepare and submit:
· Two (2) identical sealed printed copies and
· One (1) digital/electronic copy (flash drive) 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 and those instructions set forth in the Preparation section of this document will be considered irregular and may be rejected at the discretion of CPSEnergy. Proposals shall be submitted in sealed boxes or packages each endorsed on the outside with the Offeror’s name and the CPSEnergy Request for Proposal Name and Number.
Proposal deliveries are accepted from 7:00 am (Central) to 5:00 pm (Central).
Two (2) sets of sealed Proposals as described above are due no later than 2:00 pm (Central) on December 3, 2015, and will be sent to:
Attention: Procurement Analyst, Karen T. Smith
CPSEnergy
145 Navarro Street, Mail Drop: 110901
San Antonio, Texas, 78205, or
P.O. Box 2906, San Antonio, Texas 78299-2906
CPSEnergy reserves not only the right to reject any and all Proposals and to waive minor formalities and irregularities, but also the right to evaluate the Proposals to determine which, in its judgment, represents the best value proposal for the Work requested. In evaluating Proposals, at CPSEnergy’s discretion, CPSEnergy will give weight and importance to the evaluation criteria listed below, which are not listed in any order of priority:
¨ Pricing
¨ Project Schedule
¨ General Contractor Qualifications, References and Similar Project Experience
¨ Subcontractor and Supplier Qualifications and Experience
¨ Project Management Plan
¨ Contractor Quality Program
¨ Contractor Safety
¨ Financial Condition
¨ Economic Development
¨ Experience with CPSEnergy
¨ Compliance with Terms and Specification of this Request for Proposals
CPSEnergy will initially evaluate all Proposals based upon evaluation criteria found in the RFP or as further clarified throughout the evaluation process. Based on CPSEnergy’s initial evaluation of Offeror Proposals, CPSEnergy may make a final decision for award or may prepare a short list of apparent qualified Offerors who will be asked to conduct initial presentations of the services offered and demonstrations for discussion, evaluation, and clarification. Following this evaluation and clarification, CPSEnergy will select one or more potential Offerors as candidates for a contract award. During this period, CPSEnergy will enter into discussions and negotiations with each short-listed, Offeror after which each may be required to prepare a “Best and Final” offer to the Proposal.
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 KarenT. Smith at . Offerors are prohibited from communicating with CPSEnergy staff (other than Karen T. Smith in the above-described manner), or Board Members regarding this solicitation during the period in which submittals have been solicited or are being evaluated, with the exception of pre-submittal meetings open to all Offerors or responses to questions posed during interviews scheduled after responses are received and opened. Violation of this provision by Offerors and/or their agents may lead to disqualification of Offeror’s submittal from consideration.
Offerors may be requested to give an on-site presentation of their qualifications and provide further information of previous projects, if needed, to assist CPSEnergy in the evaluation process of the Offeror’s qualification submittals.
It is agreed that the Contract between CPSEnergy and the successful Offeror shall not come into existence until the actual signing of the Contract by both parties and issuance of a Purchase Order.
PR 10494272 Sec A - Page 3 of 3 Collective 7000135447
Key Terms
Term / DefinitionContract or Contract Documents / Means all documents enumerated in the Agreement, under Section 3.1.
Contractor / Means the corporation, company, partnership, firm, or individual named and designated in the Contract as the “Party of the Second Part,” who has entered into this Contract for the performance of the Work covered thereby, and its, his, hers, or their duly authorized representatives.
Contractor Employee / Means the employee of the Contractor that provides Work.
CPSEnergy or
Owner / Means the City of San Antonio, acting through the City Public Service Board of San Antonio, Texas, a Municipal Board of the City of San Antonio, Texas, named and designated in the Contract as “Party of the First Part,” and its duly authorized agents.
CPSEnergy Representatives / Shall include engineers, inspectors, examiners, checkers or other representatives of CPSEnergy, whether in direct employ of CPSEnergy or retained on a service basis.
Engineer or Architect / Means the architectural/engineering firm which is assisting in overseeing this Project. It can also mean Owner’s Architect or Owner’s Engineer.
Field Representative / Means the CPSEnergy designee who shall examine the Work performed for compliance with the Contract documents and who is in charge of Project oversight and performance of the Work under this Contract.
Final Acceptance / Means Acceptance of Work and Final Payment in accordance with D.36.
Jobsite or Work Jobsite / Means the CPSEnergy 12940 U.S. HWY. 181 South San Antonio Tx. 78112-9772. Work location will be at the Spruce 2 location, where the Work is performed and the Contractor’s construction office is located.
Inspector / Means a CPSEnergy employee or a contracted inspector representing the Owner at the Project site, designated, appointed, or otherwise employed or delegated by CPSEnergy to be in charge of field administration and field management of this Project.
Offeror / Means any person, firm, corporation, joint venture, or consortium responding to the RFP or their authorized representatives.
General Work Specification / Means all (a) Specifications and Plans furnished by CPSEnergy as a basis for Proposals, (b) supplementary Plans furnished by CPSEnergy to clarify and to define in greater detail the intent of the Contract Plans and specifications, (c) Plans submitted by the Contractor to CPSEnergy, and (d) Plans submitted by CPSEnergy to the Contractor during the progress of the Work as provided for herein.
Procurement Analyst / Means the CPSEnergy employee that facilitates the Request for Proposal process.
Project / Means the total construction Work 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.
Term / Definition
Subcontractor / Means and refer only to a corporation, partnership, or individual having a direct contract with the Contractor to furnish installation labor, or labor and materials, required for a particular segment of the Work.
Substantial Completion / Means when all equipment has been installed and is in operation.
The Work / Means the equipment, supplies, materials, labor, services and work to be furnished under the Contract and the carrying out of all obligations imposed by the Contract Documents.
Whenever in these Contract Documents the words:
· as ordered
· as directed
· as required
· as permitted
· as allowed
or words or phrases of like import are used, / It shall be understood that the order, direction, requirement, permission, or allowance of CPSEnergy is intended only to the extent of judging compliance with the terms of the Contract; none of these terms shall imply CPSEnergy has any authority or responsibility for supervision of the Contractor's forces or construction operations, such supervision and the sole responsibility therefore being strictly reserved for the Contractor.
Whenever in these Contract Documents the words:
· approved
· reasonable
· suitable
· acceptable
· proper
· satisfactory
or words of like effect and import / Unless otherwise particularly specified herein, shall mean approved, reasonable, suitable, acceptable, proper, or satisfactory in the judgment of CPSEnergy.
PR 10494272 KT - Page 2 of 2 Collective 7000135447
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:
a) All the elements of information specified must be included without exception.
b) Sections and pages shall be appropriately numbered and ordered.
c) A Table of Contents listing all sections, figures and tables must be included.
d) Labeled index tabs shall separate major sections and appendices.
e) Microsoft Version Word Office 2003 or later needs to be used for the digital/electronic copy of any red-lines, in tracked changes format.
f) Quoted rates/fees will be assumed to include all Work requirements that are outlined in Offeror’s Proposal unless otherwise specifically noted.
g) The name, title, address, telephone number and email address of the individual with authority to contractually bind the Offeror.