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Request for Qualifications (RFQ) Collective No. 7000155874Geophysical Services

Please provide the requested information below as acknowledgment that you have received our Request for Qualifications (RFQ) noted above and wish to participate in this RFQ process. It is strongly recommended that interested respondents complete this acknowledgment and return via email to:

BonnieSue BrayProcurement Analyst, Supply Chainbsbray@cpsenergy.com

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 RFQ is required as part of the submittal. Lack of addenda acknowledgment may disqualify your qualification submittal.

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:

(rev’d 11/2018)

Reason for not responding to this RFQ:

Request for Qualifications

forThree Year Contract for Geophysical Services

Request For Qualification No. 7000155874

Issued: October 1, 2019

Qualification Submittal Deadline: October 24, 2019 by 3:00 p.m. (Central Time)

CPS ENERGYP.O. BOX 1771

SAN ANTONIO, TEXAS 78296-1771www.cpsenergy.com

TABLE OF CONTENTS

I. PURPOSE...........................................................................................................................2

A. STATEMENT OF INTENT.................................................................................................2

B. ABOUT CPS ENERGY......................................................................................................2

C. DESCRIPTION OF PROJECT...........................................................................................2

D. RFQ SCHEDULE...............................................................................................................2

E. CONTACT INFORMATION, QUESTIONS AND ANSWERS.............................................3

F. RESTRICTIONS ON COMMUNICATIONS........................................................................3

G. QUALIFICATION SUBMITTAL COSTS.............................................................................3

II. QUALIFICATION FORMAT & SUBMITTAL............................................................3

A. PROPRIETARY DATA IN QUALIFICATION SUBMITTALS..............................................3

B. QUALIFICATION FORMAT...............................................................................................3

C. PRICING............................................................................................................................ 4

D. QUALIFICATION SUBMISSION REQUIREMENTS..........................................................4

1. Table of Contents..............................................................................................42. Executive Summary or Cover Letter................................................................43. Experience & Qualifications.............................................................................44. Company / Firm Overview & Multiple Parties.................................................55. References.........................................................................................................66. Surety Bonds, Insurance and Licenses..............................................................77. Citations............................................................................................................78. Subcontractors & Subsidiaries..........................................................................79. Business Questionnaire...................................................................................910. Exceptions to Contract & Existing Agreement...............................................911. Disclosure......................................................................................................1012. Other..............................................................................................................10

E. TAXES............................................................................................................................. 10

III. EVALUATION AND SELECTION CRITERIA.........................................................10

(rev’d 11/2018)

A. REVIEW OF QUALIFICATIONS......................................................................................10

B. EVALUATION CRITERIA.................................................................................................11

C. LOCAL CONDITIONS AND SUFFICIENCY OF DOCUMENTS......................................12

D. ACCEPTANCE AND REJECTION OF QUALIFICATION SUBMITTALS.........................12

E. OWNERSHIP OF DOCUMENTS.....................................................................................13

F. CONTRACT NEGOTIATIONS.........................................................................................13

G. BOARD OF TRUSTEES..................................................................................................13

IV. CHECKLIST OF QUALIFICATION SUBMISSION...................................................1

RFQ(07-2019) 2

I. PURPOSE

A. STATEMENT OF INTENTThe City of San Antonio, acting by and through City Public Service Board (“CPS Energy”) issues this Request for Qualifications (“RFQ”) for the purpose of soliciting Qualification Submittals (“Qualification Submittals”) from companies (“Respondents”) qualified and interested in providing “Services” as further described and defined herein.

B. ABOUT CPS ENERGYCPS Energy is the nation’s largest municipally owned energy utility providing both natural gas and electric service.  Acquired by the City of San Antonio in 1942, CPS Energy serves more than 800,000 electric customers and 340,000 natural gas customers in and around San Antonio (1,515 square mile service area). CPS Energy is governed by a five-person Board of Trustees, consisting of the Mayor of the City of San Antonio and four citizens representing the four geographical quadrants of the City of San Antonio. Information about CPS Energy’s history, operations and management is available on www.cpsenergy.com.

C. DESCRIPTION OF PROJECTCompany will provide the necessary personnel, supervision, transportation, tools, equipment, materials, hardware, and software to conduct various non-invasive and surface-based geophysical studies and assessments to provide subsurface geologic site characterization for environmental projects within the CPS Energy service area on an as-needed basis.

D. RFQ SCHEDULECPS Energy will make a concerted effort to maintain the schedule below, but reserves the right to revise the schedule based on CPS Energy’s business needs.

Milestone Date

RFQ Issuance October 1, 2019

Deadline for Respondent’s Questions By 5:00 p.m. (Central time) on October 9, 2019

CPS Energy Responses to Submitted Questions

October 14, 2019

Respondent Qualification Submittals Due

By 3:00 p.m. (Central time) on October 24, 2019

Qualifications Evaluated December 9, 2019

Issuance of Request for Proposals (if CPS Energy elects to issue an RFP)

N/A

Proposed Contract Commencement January 1, 2019

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E. CONTACT INFORMATION, QUESTIONS AND ANSWERSDuring the solicitation period, the Procurement Analyst identified below shall be the sole contact for any inquiries from prospective Respondents. Any inquiries from Respondents shall be submitted in writing by electronic mail.

BonnieSue BrayProcurement Analyst, Supply Chainbsbray@cpsenergy.com

F. RESTRICTIONS ON COMMUNICATIONSRespondents are prohibited from communicating with CPS Energy employees, representatives, staff, or Board Members regarding this RFQ during the period in which Qualification Submittals have been solicited or are being evaluated (other than the Procurement Analyst identified in Section I(E) in the designated manner). Restricted communication includes, but is not limited to, “thank you” letters, phone calls, emails, and any contact that results in the direct or indirect discussion of the RFQ. Violation of this provision by Respondents or their agents may lead to disqualification of Respondent’s Qualification Submittal.

G. QUALIFICATION SUBMITTAL COSTSCPS Energy assumes no liability or responsibility for the costs incurred by the Respondents for any materials, efforts or expenses required in the preparation of Qualification Submittals or in connection with presentations or demonstrations.

II. QUALIFICATION FORMAT & SUBMITTAL

A. PROPRIETARY DATA IN QUALIFICATION SUBMITTALSAll materials submitted to CPS Energy are subject to the Texas Public Information Act upon receipt. If a Respondent does not want proprietary information to be disclosed, each page containing proprietary information must be identified and marked Proprietary at the time of submittal. CPS Energy will, to the extent allowed by law, endeavor to protect such information from disclosure. The final decision as to what information must be disclosed, however, shall be determined by the Attorney General of Texas. Failure to properly identify proprietary information may result in all unmarked pages being deemed non-proprietary at CPS Energy’s discretion and therefore made available to the public upon request. CPS Energy endeavors to not publicly disclose the contents of any Qualification Submittals during negotiations.

B. QUALIFICATION FORMATRespondent must submit a text-searchable PDF (portable document format, non-zipped) of the Qualification Submittal together with supporting documentation and information requirements to

RFQ(07-2019) 4

the email address specified in Section I(E) on or before the RFQ response deadline identified in Section I(D).

All electronic (soft) copies shall be provided in Adobe portable document format (pdf) that is text searchable, reproduced directly from the native document (i.e. Word, Excel, MicroStation, AutoCAD).  Scanned images and documents will be considered irregular and may be rejected at the sole discretion of CPS Energy.  The table of contents and the file naming convention shall mirror each other.

Any and all exceptions to any Qualification Submmittal document, including to the scope of services, requirements, specifications, or the terms and conditions of the propose contract(s) must be clearly acknowledged and inserted in “tracked-changes” (red-lined) format using Microsoft Word.

Please do not submit any single email containing more than 40MB of data. If the Qualification Submittal and supporting documentation contains more than 40MB of data, please contact the Procurement Analyst identified herein. CPS Energy cannot accept zipped files.

C. PRICINGRespondents are instructed not to provide any pricing or rates with their Qualification Submittal. CPS Energy shall procure professional services in accordance with Chapter 2254 of the Texas Government Code.

D. QUALIFICATION SUBMISSION REQUIREMENTS Each Respondent1 shall submit with its Qualification Submittal the following information, organized in the following manner, for CPS Energy’s use in evaluating Respondent’s ability to satisfactorily perform the Services. Qualification Submittals not meeting these minimum qualifications are subject to rejection.

1. Table of Contents

A table of contents of all sections, figures, exhibits and tables of the Qualification Submittal, all of which must be bookmarked (or tabbed) on the PDF of the Qualification Submittal.

2. Executive Summary or Cover Letter

a. A brief executive summary of the major facts or features of the Qualification Submittal, including any conclusions, assumptions, and recommendations the Respondent desires to make.

b. The name of the person(s) authorized to make representations on behalf of the Respondent (including for each person their title, address, fax number, e-mail address and telephone numbers).

1 If the Respondent is comprised of multiple parties (i.e., joint venture or consortium), the submitted Qualification Submittal must contain information regarding each individual party.

RFQ(07-2019) 5

3. Experience & Qualifications

a. A description which reflects that the Respondent has been actively performing Geophysical Services similar to the Services requesting in the Statement of Work # 10614737 for the past five (5) years.

b. A brief description of Geophysical Services previously provided by Respondent for other companies within the State of Texas and elsewhere, including the name each company. Describe those projects of particular difficulty (technically, logistically, geologically, or regulatorily), and how they were addressed and/or resolved. Please include projects which required consultations with the Texas Commission on Environmental Quality, the Edwards Aquifer Authority, or the U.S. Fish and Wildlife Service, if applicable. Preference will be given to firms having experience with Bexar and surrounding counties.

c. Information demonstrating the resources the Respondent currently has available (or can secure) to provide the Services, including a description of all resources that will be used

d. Additional Experience & Qualifications:

A description of Respondent’s prior geophysical experience, with CPS Energy and other companies, as it relates to:

Electrical resistivity imaging (one-dimensional, two-dimensional, quasi-three-dimensional, and full three-dimensional grid surveys);

Ground penetrating radar;

Natural potential;

Electromagnetics;

Magnetics;

Gravity, and Seismic.A brief description of Respondent’s recent research, publications, and other forms of active engagement within the geophysical/karst profession.

A brief description of Respondent’s geophysical survey strategy as it relates to:

Geophysical survey method & equipment selection; The survey process; Data inversion techniques, and data reduction/interpretive software

and approach; Graphical software (and ability to use three-dimensional graphical

tools); Characterization of caves and other subsurface voids;

RFQ(07-2019) 6

Depth of survey penetration and resolution; and Data storage and security methods.

Information regarding Respondent’s fast-track skills and related experience. A description of Respondent’s ability for swift response time (when needed), to minimize CPS Energy project delays, especially in the case of karst/solution cavity discovery and closure.

Indicate if Respondent has previously provided or is currently providing similar or other services for CPS Energy, and briefly describe the scope of such service(s).

e. Key Team Members:

Provide information regarding all key personnel to perform the Services (“Key Team Members”). Preference may be given to personnel experienced in working with utilities in the state of Texas.

Identify and submit resumes, professional licenses, and certifications for all Key Team Members.

Proposed function (role) of each Key Team Member on the Project.

4. Company / Firm Overview & Multiple Parties

a. The name and a brief description of the operational history of the Respondent.

b. The location of the Respondent headquarters and branch locations that will have individuals assigned to CPS Energy, including organizational setup, and an organizational flow chart.

c. For those locations assigned to CPS Energy, indicate the name, type (headquarters, branch, etc.), address, telephone number, number of employees, and the general nature of business undertaken at each office.

d. CPS Energy is dedicated to environmentally conscious practices that lead to the betterment of our community. To that end, CPS Energy prefers to purchase products and materials, where feasible, that demonstratively minimize the harmful effects to the environment from their production, transportation, use and / or disposition. This is aligned to our belief that the focus on improving our overall environmental footprint benefits our community and our customers. Please provide information regarding Respondent’s environmental sustainability practices, if any.

e. If the Respondent’s Qualification Submittal includes multiple firms/parties, provide the following information relating to each proposed participating member: (i) company name, (ii) business address, (iii) telephone number, (iv) year company was established, (v) ownership of company, (vi) roles and

RFQ(07-2019) 7

responsibilities relating to the Project and (vii) a description of participation in the Project. Identify whether the team will be structured as a corporation, limited-liability company, general partnership, joint venture, limited partnership, or other form of organization. Identify key team members, providing Resumes, Professional Licenses, and Certifications.

5. References

A minimum of four (4) references from different companies which the Respondent has provided services similar to the Services identified in this RFQ within the past five (5) years, which shall include the company name, complete address, and contact person’s name and phone number for each reference submitted. A brief description of the services performed by the Respondent shall accompany each reference. In addition to the list provided, CPS Energy reserves the right to independently contact other companies with which the Respondent has engaged in a business transaction.

6. Surety Bonds, Insurance and Licenses

Provide a list of Professional Licenses and Certificates held by the Team members required for performance of the Services.

7. Citations

A list of any citations, notices of violation, legal proceedings, or project terminations that any Federal, State, local regulatory agency or department, corporation, or individual has issued to or against the Respondent, or any employee of the Respondent while that employee was working for the Respondent, 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 the Respondent who could address any questions about the matter. If there are no Citations, Respondent shall provide such a statement.

8. Subcontractors & Subsidiaries

a. Subcontractors. Subcontractors that may perform any of the Services must be approved by CPS Energy prior to the execution of a contract. If Respondent intends to use subcontractors, complete the Subcontracting Documents available at www.cpsenergy.com (search Subcontracting Documents) or complete the imbedded form.

Additionally, Respondent shall submit Resumes, Professional Licenses, and Certifications including detailed experience of each proposed subcontractor. All Services furnished by a subcontractor in lieu of the Respondent shall be so stated in the Respondent’s Qualification Submittal.

RFQ(07-2019) 8

b. Subsidiaries . Any subsidiary of Respondent that may perform any of the Services must be approved by CPS Energy prior to execution of a contract. For any subsidiary of Respondent who will provide Services or to whom the Respondent expects to delegate any of the Services, provide the name, address, and a list of management and key personnel, including Resumes, Professional Licenses, and Certifications showing the experience of individuals actually performing the Services. All Services furnished by a subsidiary in lieu of the Respondent shall be so stated in the Respondent’s Qualification Submittal.

9. Business Questionnaire

The Respondent shall submit a completed CPS Energy Business Questionnaire and a current year Form W-9 with the Qualification Submittal. Business Questionnaires shall only be considered valid for one (1) year from classification date and must be updated with a new Business Questionnaire beyond such one (1) year period.

The Business Questionnaire assists CPS Energy, who is a federal contractor for reporting its contracting activity to the federal government, in identifying a Respondent’s business, if applicable, as Local, Small, and/or 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 business which meets one of the following classifications: Women, Minority, Veteran, Historically Underutilized Business (HUB) Zone, or Service-disabled Veteran.

10. Exceptions to Contract & Existing Agreement

Respondents are instructed not to provide any exceptions to the contract with their Qualification Submittal and until requested by the Procurement Analyst. CPS Energy shall procure professional services in accordance with Chapter 2254 of the Texas Government Code. Subsequent to CPS Energy granting an award, it is contemplated that there will be a period of negotiations to finalize the contract(s) between the parties.

RFQ(07-2019) 9

a. Existing Agreement/Terms and Conditions . Upon award and request from the Procurement Analyst, if Respondent has a current, non-expired Agreement or Terms and Conditions with CPS Energy, Respondent shall either: (1) provide a copy of the relevant Agreement or Terms and Conditions, or (2) reference the CPS Energy Purchase Order related to the relevant Agreement or Terms and Conditions. CPS Energy reserves the right to negotiate a new Agreement or Terms and Conditions other than that provided by or referenced by Respondent.

b. Exceptions . Upon award and request from the Procurement Analyst, any and all exceptions to the scope of services, requirements, specifications, or the terms and conditions of the propose contract(s) must be clearly acknowledged and inserted in “tracked-changes” (red-lined) format using Microsoft Word. If there are no exceptions, the words, “NO EXCEPTIONS,” must be stated on the proposed contract.

Any selection of a Qualification Submittal or an award to a Respondent is contingent on the execution of a contract with CPS Energy.  In the event the parties, after good faith negotiations, cannot agree on terms, CPS Energy reserves the right to withdraw the award or RFQ.

11. Disclosure

Respondent shall complete and submit the Disclosure attached as Exhibit A.

12. Other

Any other information or documentation Respondent would like for CPS Energy to review and take into consideration when evaluating the Qualification Submittal.

E. TAXESCPS Energy, a municipally owned electric and gas utility, is a TAX-EXEMPT ORGANIZATION. CPS Energy is exempt from certain sales and use taxes with respect to the purchase price of materials, supplies, equipment and consumables purchased under a separate contract. CPS Energy will provide a Sales Tax-Exemption Certificate upon request.

III. EVALUATION AND SELECTION CRITERIA

A. REVIEW OF QUALIFICATIONS1. CPS Energy will evaluate all Qualification Submittals based upon the evaluation

criteria set forth in this RFQ. CPS Energy may or may not issue a RFP after analysis and evaluation of the Qualification Submittals. CPS Energy reserves the right to reject any and all Qualification Submittals, to waive minor formalities and irregularities, and to evaluate the Qualification Submittals to determine which, in CPS Energy’s sole judgment, represents the best value for the Services requested.

RFQ(07-2019) 10

2. CPS Energy may conduct investigations, as deemed necessary, to assist in the evaluation of any Qualification Submittal and to establish the responsibility, qualifications, and financial ability of the Respondent, proposed subcontractors, and other persons and organizations who may perform the Services. The Respondent shall furnish, upon request and in a timely manner, all such data and information requested for this purpose.

3. This RFQ, nor evaluation of the Qualification Submittals, does not commit CPS Energy to enter into a contract or proceed with the procurement of Services.

4. Respondents are advised that price will not be a factor in establishing the short-list of finalists from the response to the RFQ. The specific criteria that will be utilized in evaluating the RFP Proposals shall be described in the RFP (if CPS Energy elects to issue an RFP).

5. If CPS Energy elects to issue an RFP, CPS Energy intends to evaluate the submitted Qualification Submittals and select no more than five (5) Respondents deemed most qualified to submit a response to a RFP. CPS Energy will then solicit RFP Proposals from the short-listed Respondents. Once a Respondent has been short-listed, no changes in the Team members will be allowed.

6. Unless otherwise agreed in writing, CPS Energy reserves the right to engage the Services of multiple Respondents and to utilize other providers for the Services described herein.

B. EVALUATION CRITERIACPS Energy intends to review the Qualification Submittals for responsiveness to the requirements of this RFQ, and to evaluate all responsive Qualification Submittals according to the following criteria indicated, and further explained where applicable, below (not listed in order of importance).

1. Experience and Qualifications. Experience and qualifications performing services similar to those described in the the Services requesting in the Statement of Work # 10614737.

2. Research and Publications. Respondent’s recent research, publications, and other forms of active engagement within the geophysical/karst profession.

3. Company / Firm Overview.

4. Resources and Response Time. The availability of resources, and ability to respond swiftly when needed.

5. Key Team Members.

a. Key Member Qualfications . Respondent members and Key Team Member qualifications. Includes Resumes, Professional Licenses, and Certifications. Preference may be given to personnel experienced in working with utilities in the state of Texas.

RFQ(07-2019) 11

6. References.

7. Licenses.

8. Proposed Subcontractors and Subsidiaries.

9. Past Performance with CPS Energy. Past performance specific to CPS Energy on similar projects.

C. LOCAL CONDITIONS AND SUFFICIENCY OF DOCUMENTSBy submitting a Qualification Submittal, Respondent understands and agrees that, by the Qualification Submittal due date, all local conditions and factors affecting Respondents Qualification Submittal will have been properly investigated and accounted for in the Qualification Submittal. No adjustments to Respondent’s Qualification Submittal shall be permitted after the Qualification Submittal due date based on the lack of prior information or its effect on the cost (fees, expenses or otherwise) relating to the Services.

CPS Energy makes no warranty, expressed or implied, with respect to the accuracy or sufficiency of the proposed Project description and relating documents or any interpretation of any facts disclosed by any preliminary investigations that may have been made by CPS Energy.

D. ACCEPTANCE AND REJECTION OF QUALIFICATION SUBMITTALSCPS Energy may or may not issue a RFP after analysis and evaluation of the Qualification Submittals. CPS Energy reserves the right to reject any and all Qualification Submittals, to waive minor formalities and irregularities, and to evaluate the Qualification Submittals to determine which, in CPS Energy’s sole judgment, represents the best value for the Services requested.

E. OWNERSHIP OF DOCUMENTSTitle to all RFQ relating documents remains with CPS Energy. All prospective Respondents agree that the RFQ and relating Qualification Submittals will not be used in any manner other than for the preparation of Qualification Submittals.

F. CONTRACT NEGOTIATIONSSubsequent to CPS Energy granting an award, it is contemplated that there will be a period of negotiations to finalize the contract(s) between the parties. Any selection of a Qualification Submittal or an award to a Respondent is contingent on the execution of a contract with CPS Energy.  In the event the parties, after good faith negotiations, cannot agree on terms, CPS Energy reserves the right to withdraw the award or RFQ.

G. BOARD OF TRUSTEESWhile preliminary selection, due diligence and even detailed negotiations and other processes could transpire to ensure critical progress is made, any action taken to award a contract by CPS Energy will be subject to approval by the CPS Energy Board of Trustees and will not be final until such approval process has been completed.  No payment can be made for action taken or Services started prior to the execution of a contract by both parties.

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EXHIBIT A

Disclosure

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 □

(Note: The following questions are related to the proposed scope of activities with CPS Energy)

4. Is your organization a foreign (non-U.S.) governmental or state owned entity? This includes any subsidiaries, contractors or subcontractors that may be involved with CPS Energy.

Yes □ No □

5. Is your organization a foreign political party under the Foreign Corrupt Practices Act (the “FCPA”)? This includes any subsidiaries, contractors or subcontractors that may be involved with CPS Energy.

Yes □ No □

6. Are any of your employees, partners, company officers, registered agents, or members of your board of directors considered foreign officials2, candidates for foreign political office, or party officials for a foreign political party under the FCPA? This includes any subsidiaries, contractors or subcontractors that may be involved with CPS Energy.

Yes □ No □

7. In performance of your services under this contract, do you have any facilities/operations which are located/conducted outside of the United States or its territories? This includes any subsidiaries, contractors or subcontractors that may be involved with CPS Energy.

Yes □ No □

2 Foreign officials are defined by the FCPA to include any officer or employee of a foreign government or any department, agency, or instrumentality thereof, or of a public international organization, or any person acting in an official capacity for or on behalf of such government or department, agency of instrumentality, or for or on behalf of any such public international organization.

RFQ(07-2019) 13

8. In performance of your services under this contract, does your organization conduct any business with governmental officials outside of the United States or its territories? This includes any subsidiaries, contractors or subcontractors that may be involved with CPS Energy.

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.

Change of Status. Company shall be responsible for the timely notification to CPS Energy of any change in the representations made above.

Executed _________________, 20__.

Company Name: By:

Company Address Print Name:

Title:

RFQ(07-2019) 14

AppendixCPS Energy Board of Trustees YearJanie Gonzalez 2018-2019Dr. Homer Guevara Jr. 2018-2019Edward Kelly 2018-2019Dr. Willis Mackey 2018-2019Mayor Ron Nirenberg 2018-2019John Steen 2018-2019Dr. Homer Guevara Jr. 2017-2018Edward Kelly 2017-2018Dr. Willis Mackey 2017-2018Mayor Ron Nirenberg 2017-2018John Steen 2017-2018CPS Energy Citizens Advisory Committee YearDiana Aguirre-Martinez 2018-2019George L. Britton Jr. 2018-2019Luisa Casso 2018-2019Andy Castillo 2018-2019Corina Castillo-Johnson 2018-2019Bill Day 2018-2019Mary Dennis 2018-2019Michelle Lugalia-Hollon 2018-2019Roger Plasse 2018-2019Alvaro Rodriguez 2018-2019Robert A. Romero 2018-2019David Walter 2018-2019Allie Watters 2018-2019Klaus Weiswurm 2018-2019Joe Yakubik 2018-2019Lulu Avitua 2017-2018George L. Britton Jr. 2017-2018Luisa Casso 2017-2018Andy Castillo 2017-2018Corina Castillo-Johnson 2017-2018Bill Day 2017-2018Mary Dennis 2017-2018William B. Johnson 2017-2018Roger Plasse 2017-2018Matthew Pribble 2017-2018Alvaro Rodriguez 2017-2018Robert A. Romero 2017-2018David Walter 2017-2018Allie Watters 2017-2018Klaus Weiswurm 2017-2018

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IV. CHECKLIST OF QUALIFICATION SUBMISSION

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

Text-searchable PDF Table of Contents Executive Summary or Cover Letter Experience and Qualifications Company/Firm Overview References Financial Strength Surety, Bonds, Insurance and Licenses Citations Subcontractors & Subsidiaries Safety (if applicable) Business Questionnaire and W-9 Disclosure Other Information or Documentation Respondent Wishes to Include

(rev’d 11/2018)