Email Or Fax Back Immediately

ACKNOWLEDGEMENT OF RECEIPT Email or Fax Back Immediately (This page only) Invitation for Bids (IFB) Collective No.7000147486 Please provide the requested information below as acknowledgment that you have received our Invitation for Bids (IFB) noted above and wish to participate in this IFB process. It is strongly recommended that interested respondents complete this acknowledgment and return via email or fax to: Name: Belia M. Rodriguez Procurement Analyst, Supply Chain ([email protected]) Fax#:210-353-3056

Only companies returning this completed acknowledgment form will receive addenda to this Solicitation and be kept in our master bidder’s mailing list data base. Acknowledgment of any and all addenda issued corresponding to this IFBQ is required as part of the submittal. Lack of addenda acknowledgment may disqualify your bid. Failure to respond through the use of this form may subject your firm from being deleted from our Master Vendor List and elimination from future opportunities.

Company Name: Address: Ph#:( ) Fax#:( ) E-Mail: Printed Name: Title: Signature: Date:

INVITATION FOR BID Issued: December 12, 2017 Bid Submission Deadline: December 19, 2017 by 10:15 p.m. (Central Time) CPS Energy Procurement Analyst: Belia Rodriguez Procurement Analyst, Supply Chain [email protected] Award Evaluation Criteria: Price Delivery Best Value1 Other:

The City of San Antonio, acting by and through City Public Service Board (“CPS Energy”), is interested in acquiring Goods and/or Services, as independent contractors, on a per-assignment basis according to the attached Master Agreement, Terms and Conditions, and/or Specifications. This document serves as a guide to bidders for use in formulating their bids.

1. Questions Permitted. YES NO required to prepare and submit a “best and final” offer on the bid for evaluation by CPS Energy. Bidders shall be permitted to submit questions regarding this Invitation for Bid according to the 5. Evaluation Criteria / Rejection of Bids. Bids above designation. All such correspondence, not meeting the minimum qualifications, if including technical questions, should be emailed to applicable, are subject to rejection. CPS Energy the CPS Energy Procurement Analyst specified reserves not only the right to reject any and all bids above no later than December 13, 2017 10:00 a.m. and to waive minor formalities and irregularities, CST, prior to the bid submission deadline. but also the right to evaluate the bids to determine Questions will NOT be answered over the which, in its sole judgment, represents the best bid telephone. based on the identified evaluation criteria. Respondent’s offer or bid may potentially 2. Submission of Bid. Bidder must submit its bid result in a ten (10) percent addition attributable in text readable PDF (portable document format, non-zipped) together with requested information to Economic Development to non-small contained herein and supporting documentation to business or non-local concerns. Respondent’s the CPS Energy Procurement Analyst’s email offers or bids will be added with a five (5) address specified above on or before the bid percent adder for not for being classified with submission deadline. CPS Energy as a small disadvantaged, service- disabled veteran owned, HUBZone and/or 3. Data Size Limit. Please do not submit any women-owned businesses. Respondent’s single email containing more than 40MB of data. If the bid and supporting documentation contain more offers or bids will also be added with an than 40MB of data, please contact the CPS Energy additional five (5) percent for not being Procurement Analyst. CPS Energy cannot accept classified with CPS Energy as a local business zipped files. in accordance to the zip codes defined within the San Antonio Metropolitan Area (SAMA). 4. Further Clarification / Negotiations. After initial evaluation of all bids, CPS Energy may 6. Bidder Solely Responsible for Bidding Costs. select a short list of potential bidders to enter into CPS Energy assumes no liability or responsibility discussions to further clarify bidder’s bid in order for the costs incurred by the bidders for any to aide CPS Energy. After such discussion and materials, efforts or expenses required in the clarification, if any, CPS Energy may select one or preparation of bids or in connection with more potential bidders to enter into negotiations presentations or demonstrations prior to the award, with on their bid. The selected bidder(s) may be if any, of a contract.

1 Best Value is determined considering the relative importance of price and other evaluation factors. Invitation for Bid 2 7. Execution of Purchase Order Required. certain sales and use taxes with respect to the Submission of a bid does not create a binding purchase price of materials, supplies, equipment enforceable agreement with CPS Energy. A and consumables purchased under a separate Purchase Order including all terms, conditions, contract. CPS Energy will provide a Sales Tax- exhibits, and attachments must be executed by Exemption Certificate upon request. CPS Energy in order to create a binding 12. Existing Agreement/Terms and Conditions. enforceable agreement with CPS Energy. No bidder If Bidder has a non-expired Agreement or Terms may rely upon any written or oral statement(s) or and Conditions with CPS Energy, with an effective representation(s) as to the award of a contract or date of February 1, 2016 or later, either: (1) provide intention to enter an agreement made by any a copy of the relevant Agreement or Terms and CPS Energy personnel. Conditions, or (2) reference the CPS Energy 8. Controlling Document. The terms and Purchase Order related to the relevant Agreement conditions of CPS Energy shall govern and control or Terms and Conditions. CPS Energy reserves the the working relationship of CPS Energy and right to negotiate a new Agreement or Terms and supplier in providing the Goods and/or performing Conditions other than that provided by or the Services under the awarded purchase order. referenced by Bidder. Supplier terms and conditions shall not be 13. Exceptions to Terms. Unless an Agreement or considered effective unless expressly agreed to and Terms and Conditions are provided in accordance accepted by CPS Energy in writing. with Section 12 herein, any exception to the 9. Information Submitted Binding. CPS Energy Agreement, Terms and Conditions, or reserves the right to make any and all information Specifications, as attached, must be clearly submitted by bidder part of the final agreement if acknowledged and inserted in tracked-change (red- the bidder’s bid is accepted. Any changes or lined) format to a soft copy and must accompany substitutions shall be made only with the written the bid. If there are no exceptions, the words, “NO acceptance of CPS Energy, and such change or EXCEPTIONS,” must be stated on the bid. substitution shall not be cause for additional 14. Business Questionnaire and W-9. The financial compensation. Respondent shall submit a completed Business 10. Firm Bid. Each bid shall be firm, not subject Questionnaire with the submission if (i) to price escalation, and binding for a minimum of Respondent does not have an up-to-date Business 120 days from the bid submission deadline, unless Questionnaire on record with CPS Energy, or (ii) otherwise specified in the Master Agreement, Respondent is not listed within the CPS Energy’s Terms and Conditions, Purchase Order, or supplier database. Business Questionnaires shall Specifications. only be considered valid for one (1) year from classification date and must be updated with a new 11. Tax-Exempt. CPS Energy, a municipally Business Questionnaire beyond such one (1) year owned electric and gas utility, is a TAX-EXEMPT period. ORGANIZATION. CPS Energy is exempt from

Invitation for Bid 3 Addenda. The following selected addenda shall be attached hereto, if applicable, and incorporated by reference:

A: Minimum Qualifications (Services)

Exhibit(s). The following Exhibit(s) shall be attached hereto and incorporated herein by reference: Exhibit A Conflict of Interest Attestation

Exhibit B Specifications

Exhibit C Locations

Exhibit D Price List

Terms and Conditions. The following selected terms and conditions apply to this Invitation for Bid:

Standard Terms and Conditions

Invitation for Bid 4 ADDENDUM A MINIMUM QUALIFICATIONS (SERVICES) 1. Experience & Qualifications. 1.a) A description of the bidder’s operational history which reflects that the bidder has been actively performing similar Services for a minimum of three (3) consecutive years. 1.b) A brief description of similar Services presently being provided by bidder for other companies within the State of Texas and elsewhere, including the name each company. 1.c) Information demonstrating the qualifications and resources the bidder currently has available to provide the Services, including a description of all resources that will be used. 1.d) Written documentation demonstrating that their field personnel are capable, qualified and able to perform the duties required in performance of the Services. 2. References. A minimum of three (3) references from different companies which the bidder has provided similar Services, which shall include the company name, complete address, and contact person’s name, phone number and email address for each reference submitted. A brief description of the Services performed by the bidder shall accompany each reference. In addition to the list provided, CPS Energy reserves the right to independently contact other companies with which the bidder has engaged in a business transaction. 3. Citations. A list of any citations, notices of violation, legal proceedings, or project terminations that any Federal, State, local regulatory agency (e.g., OSHA) or department, corporation, or individual has issued to or against bidder, or any employee of bidder while that employee was performing Services for the bidder, during the past three (3) years (“Citations”). For each Citation, state the nature of the Citation and the date of its resolution, together with the contact person for bidder who could address any questions about the matter. If there are no Citations, bidder shall provide such a statement.

4. Conflict of Interest. Bidder shall complete and submit the Conflict of Interest Attestation attached as Exhibit A.

5. Minimum Insurance Requirements. Company agrees to carry and keep insurance in full force during the Term of the contract sufficient to fully protect CPS Energy from all damages, claims, suits and/or judgments including, but not limited to, errors, omissions, violations, fees and penalties caused or claimed to have been caused by, or in connection with the performance or failure to perform under the Agreement by Company, Company’s agents or employees, a Company Subcontractor, or its agents or employees. The minimum amount of insurance as required shall be in accordance with Addendum B titled “Minimum Insurance Requirements.” Company’s insurance shall be primary to and non-contributory with any self-insurance and/or insurance maintained by CPS Energy. Should the Minimum Insurance Requirements of CPS Energy change, Company shall be notified in writing and Company shall have sixty (60) days to meet the new requirements. Should the new requirements add materially to Company’s cost, Company should notify CPS Energy and request adjustment in Company’s compensation.

Invitation for Bid 5 6. Additional Information to be submitted. The following checked items shall also be submitted with the bid. Toll Free Number(s). Bidder must provide a toll free number for service requests 24 hours a day, 7 days a week. Additionally, Bidder must provide a toll free number for emergency service requests 24 hours a day, 7 days a week. Cost Breakdown. A detailed cost breakdown of the fees/compensation.

Subcontractors. A list of names and addresses of all subcontractors to be used, if any. Subcontractors that may perform any of the Services must be approved by CPS Energy prior to the execution of a contract. If bidder intends to use subcontractors, complete the Subcontracting Documents available at www.cpsenergy.com (search Subcontracting Documents) or complete the imbedded form.

Additionally, bidder shall submit resumes including detailed experience of each proposed subcontractor. All Services furnished by a subcontractor in lieu of the bidder shall be so stated in the bidder’s bid and shall be included in the bidder’s fees/compensation. Safety Records. Provide records (training and accident information) and a description of bidder’s training and safety programs for operating equipment, working around energized equipment, and handling, storing and disposing of waste material. Additional. The following other documents shall be submitted in this bid:

Price will include all delivery/freight and fuel surcharges per gallon including supplier’s markup based on the Average Price Per Gallon from the weekly Oil Price Information Service (OPIS) Report - NEWSLETTER prices, San Antonio, Texas.

Invitation for Bid 6 Checklist for Submission of Bid

Bidder may use the following checklist to ensure its bid is complete, however, the checklist is provided for convenience only and Bidder shall not rely on it for completeness of its bid. Bidder is responsible for reviewing the entire Invitation for Bid and ensuring Bidder’s bid meets all requirements set forth therein.

For Goods / Software: For Services: Text-searchable PDF Text-searchable PDF Pricing Experience Conflict of Interest Qualifications Business Questionnaire References Citations Conflict of Interest Business Questionnaire Additional Information Toll Free Number Cost Breakdown Experience & Qualifications of Specific Personnel Organizational Chart/Key Personnel Additional Warranties Quality Control Financial Subcontractors Bonding Safety Additional

Invitation for Bid 7 Exhibit A Conflict of Interest Attestation In order to fulfill reporting requirements to the CPS Energy Board of Trustees, Company must check one box for each of the following questions: 1. Is a current or former member of the CPS Energy Board of Trustees employed by, or otherwise on the payroll, of Company? Yes □ No □ 2. Is a current or former member of the CPS Energy Citizens Advisory Committee employed by, or otherwise on the payroll, of Company? Yes □ No □ 3. Is a former CPS Energy employee who was at the executive level or higher immediately prior to their departure from CPS Energy employed by, or otherwise on the payroll, of Company? Yes □ No □ In accordance with CPS Energy procurement policies and procedures, CPS Energy shall enter into agreements based on “best value,” which is the consideration of pricing together with several other factors, including, but not limited to, financial stability and economic development. No Current or Prior Conflict of Interest. Company represents that it has/had no current or prior material business, professional, personal, or other interest, including, but not limited to, the representation of other clients, that would be inconsistent or incompatible with Company’s obligations to CPS Energy under any resulting agreement. Notice of Conflict. If any actual or potential conflict of interest arises under this Agreement, Company shall immediately inform CPS Energy in writing of such conflict. Termination for Material Conflict. Notwithstanding the representations made above, if CPS Energy becomes aware of any conflict of interest, through Company's disclosure or otherwise, CPS Energy may terminate any resulting agreement without further liability to Company. Verification / Declaration. I declare under penalty of perjury under the laws of the State of Texas that the foregoing declaration is true, correct and accurate and that I am the Respondent’s Official Representative.

Executed ______, 20__. By: Print Name: Title: Company:

Invitation for Bid 8 EXHIBIT B

Specification for Ethanol - E85 Fuel

Fuel Specification: All Fuel shall be provided in accordance with and shall meet all requirements of this Specification (Exhibit B). CPS Energy reserves the right to revise the Specification during the term of the contract.

Refinery/Plant: The supplier will attach their specifications sheet containing brand names, if applicable, and printed on the refiner's or common carrier pipeline company's letterhead, dated no later than six months prior to bid opening date and be based on actual test results for fuel being bid. Suppliers must submit the refinery specification and location of the refinery. Failure to provide documentation may result in rejection of bid. CPS Energy allows one (1) backup plant in addition to the Supplier's primary source. The Supplier must identify the backup facility in Exhibit D. Supplier is not allowed to fluctuate from one brand or trade name products to another throughout the contract period. A letter of intent must be submitted to CPS Energy for review and approval prior to any change of brand or trade name products at least 30 days in advance

Fuel Quality: Supplier must have the ability, capacity, experience providing transport fuel loads and smaller to locations list in Exhibit C. All Suppliers must properly complete and execute "Exhibit D," Refinery/Plant Information, provide Material Safety Data Sheet (MSDS) from plants that ship ethanol to San Antonio, with bid. Bids that do not include completed forms may be deemed non-responsive. The fuel being bid must meet or exceed all specifications or it will be deemed non-responsive. "Exhibit D" must be completed for back up plant submittals as well.

Order Issuance: An order will be placed and scheduled by CPS Energy storeroom personnel by either: fax, e- mail, or telephone.

Order Receiving: With each delivery, the supplier will provide written documentation verifying:

a. The amount of fuel delivered. b. The specifications of the fuel being delivered. c. The proper shipping name of the hazardous material as furnished by the shipper including generic descriptions.

Order Receiving Hours: The hours of delivery shall be 8:00 a.m. through 2:00 p.m., Monday through Friday, Central Standard Time. Most deliveries will be routinely scheduled; however the supplier may be required to make fuel delivery on weekends or holidays and outside of normal working hours at no additional cost to CPS Energy.

Order Risk/Loss: The supplier assumes all responsibility and risk of loss to said deliveries during transit, loading, or unloading operations. Any costs incurred as a result of fuel spills due to negligence on the part of the Supplier, its agents or employees, or due to supplier equipment malfunction will be incurred by the Supplier and may be grounds for termination of the contract, at the discretion of CPS Energy.

Order Contingency Plan: The awarded Supplier must submit a 24-hour contingency plan for handling emergency fuel or delivery issues. The contingency plan must include a 24-hour emergency contact representative and telephone number for placing fuel orders; making service calls; and for reporting accidents, spills, and product contamination. The Supplier's service hours will be Monday through Friday, 8:00 a.m. to 5:00 p.m. Central Standard Time.

Invitation for Bid 9 Transport Tankers/Small Bobtail Trucks: The supplier will use transport tankers/small bobtail trucks dedicated for the sole purpose of hauling the contracted fuel (sulfur content less than 15 ppm) for all deliveries to CPS Energy. All transport tankers/small bobtail trucks must display placarding in accordance with applicable federal, state, and local laws, rules, and regulations. All transport tankers/small bobtail trucks and related equipment must be maintained in a safe condition, free from leaks and in all respects suitable for delivery and unloading fuel. CPS Energy reserves the right to deny any transport tanker/small bobtail trucks access to CPS Energy property when such vehicle is determined by CPS Energy to present a significant safety and/or environmental hazard. The supplier will be notified of denied access and is liable for delivery of fuel within one working day of notification with a CPS Energy approved vehicle. No work or repair of any kind may be performed on the transport tanker or small bobtail trucks while on CPS Energy property. If a transport tanker/bobtail truck stalls or cannot be started while on CPS Energy property, it must be towed off property for repairs. While on CPS Energy property, all supplier's employees or sub-contractors will be expected to conduct themselves in a safe and professional business manner. This includes adhering to CPS Energy's 15 mph speed limit and refraining from using cellular phone while driving on CPS Energy property. Smoking is not permitted within CPS Energy fueling areas.

Transport Tanker/Small Bobtail Truck Equipment: The driver is required to inspect the fuel transfer equipment and vapor recovery system. The driver shall not transfer fuel between transport tanker/small bobtail truck and storage tank unless the fuel transfer equipment meets the following:

a. The transport tanker/small bobtail truck will be equipped with coaxial delivery elbow in good working order. The elbow will connect to the product line and vapor recovering line at the same time, allowing for single point drop and vapor recovery. b. The transfer hose and fittings must be vapor tight and must automatically and immediately close upon disconnection to prevent release of vapors. c. The driver will not transfer fuel between the transport tanker/small bobtail truck and CPS Energy's storage tanks unless the vapor recovery system, transfer hose, and fittings are properly working and connected to storage tank and transport tanker/small bobtail truck. d. If the driver observes a fuel or vapor leak, the driver will stop the transfer of fuel immediately and notify CPS Energy storeroom personnel. If the driver is able to correct the leak by ensuring the fueling equipment is vapor tight and working properly, the driver may resume unloading fuel operations.

Invitation for Bid 10 Spillage and Clean Up: The driver must take extreme care to avoid fuel spills. The driver must attend the transport tanker/small bobtail truck at all times during the fuel transfer and consistently monitor the fuel and inspect the fuel transfer equipment for any spills and leaks to include the spill containment area. In the event of a spill, the transport tanker/small bobtail truck must not be moved until the spill has been properly cleaned up in accordance with EPA and State of Texas guidelines and requirements. Any costs resulting from fuel spills due to the negligence on the part of the supplier, its agents or employees, or due to an equipment malfunction will be incurred by the supplier and may be grounds for termination of this Contract. The driver must immediately report any spillage to the CPS Energy storeroom.

Hazardous Cargo Route: The supplier must ensure transport tankers/small bobtail trucks will only use the hazardous cargo route when delivering fuel specified in this contract. Failure to utilize the hazardous cargo route may result in cancellation of the Contract.

Sample Testing: At CPS Energy's discretion, prior to award of contract, the apparent lowest, responsive and responsible Supplier is required to submit a one gallon sample of the fuel being bid. Samples must be submitted within 72-hours of CPS Energy's request. Failure to meet the deadline may deem the bid nonresponsive. An independent lab will test the sample for compliance to CPS Energy's specification. CPS Energy will pay all testing costs provided the test results indicate the sample is compliant with the specification. Supplier's samples that do not pass compliance testing will be deemed non-responsive.

Random Testing: Deliveries of fuel under this Contract are subject to random testing at CPS Energy's discretion to insure compliance with specifications. All tests shall be made as per method used by the American Society of Testing Materials, unless otherwise specified. Fuel from any deliveries provided by sub-contracted carriers may be tested for compliance at the discretion of the CPS Energy. When test analysis shows fuel meeting specifications, CPS Energy will pay for said test. When test analysis shows fuel does NOT meet specification, supplier will pay for said test. CPS Energy may terminate the contract for default and/or withhold payment of delivered fuel. Any costs incurred as a result of non-conforming fuel supplied due to negligence on the part of the Supplier, its agents or employees, will be incurred by the Supplier and may be grounds for termination of the contract, at the discretion of CPS Energy.

Temperature Adjustments: The Supplier will make adjustments to the number of gallons of fuel to compensate for changes in fuel temperature. The Supplier's bill of lading and invoice must show the temperature of the fuel at the time it is loaded onto the transport and must show an adjustment in the number of gallons delivered using 60 degrees Fahrenheit as the normal temperature reading. The invoice must show quantities for gross and net. Corrections and adjustment will be shown on invoices and the net amount will be used for actual billing and payment.

Invitation for Bid 11 Alternate Suppliers: When a Supplier cannot abide by terms and conditions in fulfilling the contract, Supplier must supply fuel from other approved sources at the contract price. If the Supplier delays in fulfilling an order beyond 48 hours, CPS Energy reserves the right to procure on the open market and charge the supplier the difference between the contract price and the purchase price.

Customer Service: The Supplier will assign a knowledgeable service representative to this contract. The designated service representative shall provide technical support including, billing inquiries and service issues for the duration of the contract term. The Supplier will be required to resolve all billing errors and credits within seventy-two (72) hours of receiving requests from CPS Energy by either: phone, fax, email, or letter. CPS Energy will contact the Supplier when service support is needed. This service will be provided at no additional charge.

Representative Name: Email Address: Telephone Number:

Hazardous Substances shall mean any substances, the release of which into, or the presence of which in, the environment gives rise to any liability or obligation to remove, clean up, encapsulate or otherwise remediate such release or presence thereof under any Laws.

Site shall mean the physical location of the Services/Work identified in Exhibit C Locations of the Recitals of this Agreement or applicable off-Site address provided by CPS Energy.

ENVIRONMENTAL RULES FOR COMPANIES

1. Company and its Subcontractors must review Site orientation documents and sign affidavit, if required, by the CPS Energy site manager.

2. Company and its Subcontractors must inform the CPS Energy site manager (or designee) in writing of the type and amount of any Hazardous Substances or chemicals (prior to their delivery to the Site) to be brought on-Site to complete the Services/Work. Company and its Subcontractors shall further notify the CPS Energy site manager in writing during the course of the Work, if any additional Hazardous Substances or chemicals are to be brought on Site.

Invitation for Bid 12 3. Company and its Subcontractors must provide Safety Data Sheets (“SDS,” previously referred to as Material Safety Data Sheets, “MSDS”) for all chemicals as directed by the CPS Energy site manager prior to Hazardous Substances or chemicals being brought on-site. Per the OSHA Hazard Communications standard, SDSs must be maintained (by all Companies and Subcontractors) on-site for any Hazardous Substances or chemicals that could pose a health or physical threat to personnel, and all personnel must be Hazard Communication trained. The CPS Energy site manager is responsible for ensuring that required Hazard Communication training is provided to CPS Energy employees potentially exposed to these Hazardous Substances or chemicals.

4. No Hazardous Substances or regulated materials may be brought onto the Site unless necessary for contracted Services/Work.

5. Waste management, including determination of the type of waste, quantity, and appropriate storage prior to off-site disposal, must be coordinated with the CPS Energy site manager. (a) Company and its Subcontractors must provide CPS Energy site manager with waste minimization plans. [Plans often include product substitution, process changes to eliminate or reduce chemical use, and/or recycling or reusing materials.] (b) Copies of any analyses performed to classify wastes as hazardous or non- hazardous must be given to CPS Energy site manager and CPS Energy environmental manager. (c) Hazardous Substances used and hazardous waste generated must be stored in temporary or permanent secondary containment in areas agreed to by CPS Energy site manager. (d) Secondary containment structures shall be maintained free from storm water or other materials that defeat the purpose of the secondary containment. Storm water or other materials removed from secondary containment structures must be managed and disposed of appropriately. (e) All Hazardous Substances must be disposed of in appropriate DOT specified containers for the material contained. (f) All original manifests, shipping papers, certificates of disposal, or other documents associated with Hazardous Substances transport and disposal must be provided to CPS Energy site manager. Waste manifests must be signed by the Company or subcontractor whose EPA ID number is used for Hazardous Substance disposal. (g) Company and its Subcontractors must inform the CPS Energy site manager of all disposal Sites to be used for Hazardous and Non-Hazardous Substances prior to contract award.

Invitation for Bid 13 (h) Company, its employees and its Subcontractors’ employees responsible for managing Hazardous Substances must be properly trained. Documentation of that training is to be provided to the CPS Energy site environmental specialist and CPS Energy designated safety manager. (i) Hazardous Substance releases or spills, including petroleum product spills of any kind, must be reported immediately to the CPS Energy site manager. (j) Company and its Subcontractors must consult with the CPS Energy site manager to determine if a Hazardous Substance identification number should be obtained prior to contract award.

6. Company and its Subcontractors must coordinate with the CPS Energy site manager for proper storage of flammable or other types of chemicals.

7. Company and its Subcontractors are responsible for knowing and complying with all local, state and federal reporting and response requirements for releases or spills of oil, petroleum products or Hazardous Substances. Company and its Subcontractors must ensure that spill prevention measures are in place during the course of Services/Work at the Site. These measures include: (a) ensuring that all containers are closed at the end of each Work day; (b) use of temporary hoses is carefully planned; (c) secondary containment is used for work near drains; (d) all fuel and oil tanks used by Company and its Subcontractors must be placed in temporary secondary containment on an impervious surface; (e) Company and its Subcontractors must maintain appropriate spill clean-up equipment near tanks that have potential for leaks; (f) following Services/Work and prior to start up, Company and its Subcontractors must ensure that all valves, manways, and pipelines are closed if appropriate to minimize risk of spills; (g) Company and its Subcontractors must assume that all “out-of-service” lines will leak when brought back into service – appropriate spill containment measures must be taken; (h) Company and its Subcontractors must document the training of personnel in spill awareness, notification, and identification of spill risk areas; and (i) Company and its Subcontractors must review the Site’s spill plans and know the appropriate CPS Energy site contact person in the case of any spill. Company and its Subcontractors must coordinate with the CPS Energy site manager in order to understand the plant’s spill response plans.

Invitation for Bid 14 8. Company and its Subcontractors must comply with all applicable local, state, and federal laws in the course of performing Services/Work at the Site. Company and its Subcontractors must coordinate with the CPS Energy site manager to ensure that the terms of permits to conduct work are met. Copies of any and all permits acquired by Company and its Subcontractors shall be provided to the CPS Energy site manager. Company and its Subcontractors must coordinate any contact with regulatory agencies with the CPS Energy site manager.

9. Company and its Subcontractors must include environmental issues in daily safety tailgate sessions. CPS Energy site environmental manager and CPS Energy designated safety manager should attend meetings when possible.

10. If Services/Work is conducted on Risk Management Plan (“RMP”) or Process Safety Management (“PSM”) regulated system, all requirements in the RMP and PSM documents must be reviewed and coordinated with the designated CPS Energy contact and addressed during the course of Services/Work.

11. Company and its Subcontractors are required to maintain “good housekeeping” during the course of the Services/Work and must perform a thorough Site clean-up following completion of the Services/Work. All unused chemicals are the property of the Company or its Subcontractors and must be removed from the Site at the end of the job unless specific arrangements are made. Company and its Subcontractors must inform the CPS Energy site manager when Hazardous Substances have been removed from the Site.

12. Company and its Subcontractors must conduct a post-project Site “walk-down” with the CPS Energy site manager and CPS Energy site environmental specialist to ensure that environmental issues are corrected.

13. All required erosion control/storm-water pollution prevention practices must be implemented and documented as required by regulations, Storm-water Pollution Prevention Plans (“SWPPP”) or Best Management Practices (“BMP”). A listing of these requirements shall be coordinated with CPS Energy site manager.

Invitation for Bid 15 Exhibit C Locations

CPS ENERGY LOCATIONS

CPS Energy has two (2) fuel storage locations for Ethanol E85 as listed below:

CPS Energy Mission Road 613 Mission Rd San Antonio TX 78210

Tank size: 10,000 gallons

CPS Energy OWS/JTD/JKS 12940 S. US Hwy 181 San Antonio TX 78223

Tank size: 5,000 gallons

Invitation for Bid 16 Exhibit D Price List

Invitation for Bid 17