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Page 1 of 10 RAILROAD COMMISSION OF TEXAS EXTENDED SERVICE CONTRACT INVITATION TO BID CLASS 962-96 MAIL SEALED BID TO: RAILROAD COMMISSION OF TEXAS 2005 N. STATE HIGHWAY 42 KILGORE TX 75662 DATE: Monday May 16, 2016 REQUISITION NUMBER: 0000005399 BID OPENING DATE AND TIME: Thursday June 2, 2016 @ 2:00 P.M. If there are any questions concerning specifications in this Invitation to Bid, please contact David Culpepper at (903) 984-3026. THERE ARE NO SALVAGE RIGHTS IMPLIED, GRANTED OR AUTHORIZED BY THIS CONTRACT. THE COMMISSION SHALL DISPOSE OF THE EQUIPMENT AND HYDROCARBONS PURSUANT TO THE TEXAS NATURAL RESOURCES CODE ‘89.085. The Railroad Commission of Texas (hereinafter Commission) is soliciting bids for an extended service contract for the purpose of plugging abandoned wells as required by Commission Statewide Rule 14. The Commission anticipates plugging 7 wells under this contract. The list of wells to be plugged and the proposed plugging procedures are attached and incorporated for all purposes. This contract becomes effective on the date the contract is awarded and terminates upon completion of the plugging operations or on August 31, 2016, whichever is earlier. The Contractor will be required to move the rig and all associated plugging equipment, as described in Item 1 of the “Specific Requirements” section of this Invitation to Bid, onto the lease and commence plugging operations, as specified in the “General Information and Bid Requirements” Section, Item 1 of this contract, and continue plugging operations until the wells under this contract have been plugged or otherwise brought into compliance with Commission rules or the contract has terminated. The Commission makes no guarantees as to the actual number of wells that will be plugged under this contract. The Commission, at its sole option, may add one or more additional wells to this contract if the additional wells are located within the same Railroad Commission District as is any well on the list of wells attached to this contract, and plugging of the additional wells may reasonably be completed prior to termination of this contract. Commission may add additional wells to this Contract only if Commission determines that doing so provides the best value to the state. A well may be added to this contract if the plugging procedure for the well is the same as or similar to a plugging procedure listed in the ITB. Contractor agrees to plug any additional wells added to this contract, and agrees that payment to the Contractor will be based on the actual services performed at the rates submitted in Contractor's bid. Contractor acknowledges and agrees that Commission might not add additional wells to this contract, and that Commission, at its sole option, may issue a separate invitation to bid and contract award to plug additional wells, even if the wells meet the criteria enumerated in this paragraph. BID EVALUATION/ EVALUATION CRITERIA Bids will be evaluated from the unit prices submitted for the equipment, services, and materials requested on the attached “Bid Submission Sheet.” The bid evaluation is for award purposes only and will have no bearing on actual payment made by the Commission. Payment will be based on the actual services performed. The Contractor’s “Total Bid Amount” will be divided by the Contractor’s performance evaluation rating to calculate the “Adjusted Bid Amount,” which will be used to determine the bid offering the best value for contract award purposes, as required by the Comptroller of Public Accounts. The contract will be awarded to the Bidder offering the best value to the State while conforming to all advertised specifications. The factors listed in Texas Government Code, Title 10, Subtitle D, Sections 2155.074, 2155.144, 2156.007, and 2157.003 shall be considered in making the award. The Commission will also consider the bidders past performance, experience, financial resources, ability to perform, demonstrated capability and responsibility in determining best value. For BID EVALUATION PURPOSES ONLY, the Commission will use the following criteria. The numbers of units (wells, hours, rig movements, sacks, CIBP’s, runs, and cuts) contained in Items 1 through 20 are estimates only. 1. Plugging Equipment: 140 hours. 2. Power Swivel/Reverse Unit: 5 days. 3. .Move-in/Move-out: 7wells. 4. Cost of Plugs: 7 wells, as described in Item 4 of the “Services To Be Performed” section in this Invitation to Bid and in the attached well plugging procedures. 5. Cement: 50 sacks. 6. Calcium Chloride: 15 sacks. 7. Mud: 100 barrels. 8. Perforating runs: 1 run. 9. Collar locator runs: 1 run. 10. Wireline or slick line runs1 run. 11. Cast Iron Bridge Plugs (CIBP’s): 3 CIBP’s 12. Tubing cuts: 2 cuts. 13. Casing cuts: 1 cuts. 14. Vacuum truck services: 8 hours. 15. Welding services: 4 hours. 16. Backhoe services:4 hours. 17. Dozer services: 4 hours. 18. Disposal fees: 200 barrels 19. Packer: 1 packer 20. 40 BBL Bobtail 8 hours.

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RAILROAD COMMISSION OF TEXAS

EXTENDED SERVICE CONTRACT

INVITATION TO BID

CLASS 962-96

MAIL SEALED BID TO: RAILROAD COMMISSION OF TEXAS

2005 N. STATE HIGHWAY 42

KILGORE TX 75662

DATE: Monday May 16, 2016

REQUISITION NUMBER: 0000005399

BID OPENING DATE AND TIME: Thursday June 2, 2016 @ 2:00 P.M.

If there are any questions concerning specifications in this Invitation to Bid, please contact David Culpepper at (903) 984-3026.

THERE ARE NO SALVAGE RIGHTS IMPLIED, GRANTED OR AUTHORIZED BY THIS CONTRACT. THE COMMISSION SHALL

DISPOSE OF THE EQUIPMENT AND HYDROCARBONS PURSUANT TO THE TEXAS NATURAL RESOURCES CODE ‘89.085.

The Railroad Commission of Texas (hereinafter Commission) is soliciting bids for an extended service contract for the purpose of plugging abandoned

wells as required by Commission Statewide Rule 14. The Commission anticipates plugging 7 wells under this contract. The list of wells to be plugged

and the proposed plugging procedures are attached and incorporated for all purposes. This contract becomes effective on the date the contract is awarded

and terminates upon completion of the plugging operations or on August 31, 2016, whichever is earlier. The Contractor will be required to move the rig

and all associated plugging equipment, as described in Item 1 of the “Specific Requirements” section of this Invitation to Bid, onto the lease and

commence plugging operations, as specified in the “General Information and Bid Requirements” Section, Item 1 of this contract, and continue plugging

operations until the wells under this contract have been plugged or otherwise brought into compliance with Commission rules or the contract has

terminated. The Commission makes no guarantees as to the actual number of wells that will be plugged under this contract.

The Commission, at its sole option, may add one or more additional wells to this contract if the additional wells are located within the same Railroad

Commission District as is any well on the list of wells attached to this contract, and plugging of the additional wells may reasonably be completed

prior to termination of this contract. Commission may add additional wells to this Contract only if Commission determines that doing so provides the

best value to the state. A well may be added to this contract if the plugging procedure for the well is the same as or similar to a plugging procedure

listed in the ITB. Contractor agrees to plug any additional wells added to this contract, and agrees that payment to the Contractor will be based on the

actual services performed at the rates submitted in Contractor's bid. Contractor acknowledges and agrees that Commission might not add additional

wells to this contract, and that Commission, at its sole option, may issue a separate invitation to bid and contract award to plug additional wells, even

if the wells meet the criteria enumerated in this paragraph.

BID EVALUATION/ EVALUATION CRITERIA

Bids will be evaluated from the unit prices submitted for the equipment, services, and materials requested on the attached “Bid Submission Sheet.” The

bid evaluation is for award purposes only and will have no bearing on actual payment made by the Commission. Payment will be based on the actual

services performed. The Contractor’s “Total Bid Amount” will be divided by the Contractor’s performance evaluation rating to calculate the “Adjusted

Bid Amount,” which will be used to determine the bid offering the best value for contract award purposes, as required by the Comptroller of Public

Accounts. The contract will be awarded to the Bidder offering the best value to the State while conforming to all advertised specifications. The factors

listed in Texas Government Code, Title 10, Subtitle D, Sections 2155.074, 2155.144, 2156.007, and 2157.003 shall be considered in making the award.

The Commission will also consider the bidders past performance, experience, financial resources, ability to perform, demonstrated capability and

responsibility in determining best value.

For BID EVALUATION PURPOSES ONLY, the Commission will use the following criteria. The numbers of units (wells, hours, rig movements, sacks,

CIBP’s, runs, and cuts) contained in Items 1 through 20 are estimates only.

1. Plugging Equipment: 140 hours.

2. Power Swivel/Reverse Unit: 5 days.

3. .Move-in/Move-out: 7wells.

4. Cost of Plugs: 7 wells, as described in Item 4 of the “Services To

Be Performed” section in this Invitation to Bid and in the attached

well plugging procedures.

5. Cement: 50 sacks.

6. Calcium Chloride: 15 sacks.

7. Mud: 100 barrels.

8. Perforating runs: 1 run.

9. Collar locator runs: 1 run.

10. Wireline or slick line runs1 run.

11. Cast Iron Bridge Plugs (CIBP’s): 3 CIBP’s

12. Tubing cuts: 2 cuts.

13. Casing cuts: 1 cuts.

14. Vacuum truck services: 8 hours.

15. Welding services: 4 hours.

16. Backhoe services:4 hours.

17. Dozer services: 4 hours.

18. Disposal fees: 200 barrels

19. Packer: 1 packer

20. 40 BBL Bobtail 8 hours.

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SPECIFIC REQUIREMENTS:

Unit prices for the following equipment, services, and materials are

requested.

1. HOURLY RATE FOR PLUGGING EQUIPMENT: equipment for

plugging and abandonment (P/A) to perform all work as specified

by the Commission. The following equipment is required:

1.1. Rig: Double derrick – 180,000#, will include four (4) man crew

plus tool pusher, power tongs, weight indicator and all necessary

handling tools for standard 2-3/8" and 2-7/8" tubing and, handling

tools for 5/8" through 1" rods.

1.2. Stripperhead and Blowout Preventer: Double manual or hydraulic

BOP’s and stripperhead. .

1.3. Control Valve: One 3000# working pressure safety valve.

1.4. Pump: One 2000# - 5000# Triplex pump.

1.5. Cementing Unit: Batch or jet mixing system (batch system to be

100 sack capacity). Cementing unit must include two (2)

displacement tanks (=10 barrel capacity each).

1.6. Workstring: 2,460’ of 2-3/8” workstring.

1.7. Fresh water tank: One 50-barrel capacity tank for fresh water is

required. A freshwater truck may be used as a storage tank in

place of a tank. The Commission will not pay standby charges

while the truck is used as storage tank.

1.8. Additional Equipment: One (1) 200 bbl mud tank to contain

fresh clean mud, or to circulate mud into from wellbore

during cementing stages.

NOTICE: There will be no hourly rig charges until the rig and all

associated plugging equipment is in position and completely rigged up.

The hourly rate will begin when the first work is started on the well

including installation of the blowout preventer (BOP) and will end after

the BOP is removed and the top plug has been set.

2. POWER SWIVEL/REVERSE UNIT: This service includes a

minimum of (1) 2.5 Bowen work-over type power swivel or one

of similar size and to include (3) 3-1/8” drill collars, (1) 4” blade

bits, all required subs and connections, and steel pit with trough

and screen. This charge includes all transportation costs.

3. MOVEMENT CHARGES: This charge includes all costs related to

the movement of the rig and all associated plugging equipment 1)

from the Contractor’s yard to the first well on first lease to be

plugged under this contract, 2) between the wells on each lease to

be plugged under this contract, or 3) between the leases to be

plugged under this contract, and 4) from the last well on the last

lease to be plugged under this contract to the Contractor’s yard.

This charge also includes all movement charges for other vendor-

owned equipment such as a backhoe, dozer, or vacuum truck that

may be moved to the location and remain on standby at the well

location until used. This per well charge will also be used for

move-in/move-out charges for any additional wells found on the

leases included in this contract, which were not initially identified.

This charge is a flat rate, per well, charge that will be billed by

individual plug code.

4. COST OF PLUGS: this charge must include all charges, excluding

plugging equipment costs, related to the wellhead preparation and

the plugging of the well(s). This charge will be billed for each

individual plug code included in this contract. This charge will be

for the services described below and in the attached plugging

procedures:

4.1. Wellhead work and pit requirements: these are the charges related

to the wellhead preparation and include any digging out of

wellhead area, any cutting and/or welding in preparation for

installation of the blowout preventer or stripperhead, cutting the

casing off three feet below ground level after completion of

plugging operations, and covering and leveling the well site. This

charge must also include any charges related to the digging and

preparation of any pits required during plugging operations, de-

watering and covering of pits used during plugging operations,

hauling and disposal charges for any wellbore fluids including

water, salt water, mud or mud-laden fluids and pit fluids.

4.2. Cost of Plugs: This must include all charges, excluding plugging

equipment costs, associated with setting the cement plugs and

related services as described in the attached plugging procedures.

This charge will include all equipment, services, and materials

required to plug the wells as described in the attached plugging

procedures. This charge will include the cement, the fresh water

for mixing the cement, and all costs associated with the

transportation of the cement and the fresh water to the well

location, blending the cement as specified, pumping all cement

plugs to the specified depths, any wireline charges as specified in

the attached plugging procedures including perforating, cast iron

bridge plugs (CIBP), and tubing and/or casing cuts. Return

transportation and handling charges for excess cement will not be

allowed. This charge will also include the charges for mud, any

mixing charges, all costs associated with the transportation of the

mud to the well location, plus the cost for any additives called for

in the bid specifications.

NOTICE: (1) Should the Commission determine that plugging

of a well is not necessary, the per well amount contained under

“Cost of Plugs” in the Bid Submission Sheet will not apply.

Billing for any services performed under this item, if any, will

be made individually based on the bid amounts contained in the

Bid Submission Sheet. (2) If changes in the original

plugging procedure(s) specified in this invitation to bid are required, the Commission reserves the right, at any time during the plugging or invoice audit process, to revert to hourly charges plus the cost for equipment and materials as listed in the individual services for actual work performed.

NOTICE—Items 5 – 20 contain requirements for additional

materials and services that are not originally specified in the

attached plugging procedures.

5. CEMENT: This charge is based on a standard ninety-four pound

(94#) sack and includes the cement, all costs associated with the

transportation of the cement to and from the well location, the

water for mixing the cement, and blending the cement as

specified. Return transportation and handling charges for excess

cement will not be allowed.

6. CALCIUM CHLORIDE: This charge is based on a standard eighty

pound (80#) sack and includes all costs associated with the

transportation of the calcium chloride to and from the well.

Return transportation and handling charges for excess calcium

chloride will not be allowed;.

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7. MUD: This charge is on a per barrel basis for mud with a density

of 9.5 pounds per gallon, 40 second funnel viscosity per quart of

mud to use in circulating the well. This charge does not include

transportation charges.

8. PERFORATING RUN: This charge will be on a per run basis and

includes transportation and set-up charges over the well by a

wireline unit, installing a packoff and/or lubricator at the surface,

and successful perforation of the tubing and/or casing of different

sizes as specified in the bid submission sheet. Unsuccessful

perforating run charges due to but not limited to failed runs and/or

equipment malfunctions will not be allowed.

9. COLLAR LOCATOR RUN: This charge is on a per run basis and

includes transportation and set-up charges over a well by a

wireline unit and a successful collar locator run in tubing and/or

casing of different sizes as specified in the bid submission sheet.

Unsuccessful collar locator run charges due to but not limited to

failed runs and/or equipment malfunctions will not be allowed. This charge will not be allowed, should a collar locator be run with

another wireline service.

10. WIRELINE OR SLICK LINE RUNS: This charge is on a per run

basis and includes transportation and set-up charges over a well by

a wireline unit and a successful wireline or slick line run in tubing

and/or casing of different sizes to determine the depth of the

wellbore. Unsuccessful wireline or slick line run charges due to

but not limited to failed runs and/or equipment malfunctions will

not be allowed.

11. CAST IRON BRIDGE PLUGS (CIBP’s): This charge is on a per

unit basis and includes transportation and set-up charges over a

well by a wireline unit, transportation of the CIBP to the well,

installation of a pack-off and/or lubricator at the surface, a gauge

ring run prior to running the CIBP to determine that sufficient

wellbore clearance exists to run the CIBP to the required depth,

successful setting of a CIBP by a wireline unit with a casing collar

locator or by the workstring, and capping the CIBP with a

minimum twenty foot (20’) cement plug. Unsuccessful CIBP

charges due to but not limited to failed runs, setting tool failures,

and CIBP failures, will not be allowed.

12. TUBING CUT: This is a jet type cut charge on a per cut basis and

includes transportation and set-up charges over a well by a

wireline unit and successful cutting of the tubing or workstring of

different sizes as specified in the bid submission sheet.

Unsuccessful cut charges due to but not limited to failed runs

and/or equipment failures will not be allowed.

13. CASING CUT: This is a Collar buster cut charge on a per cut

basis and includes transportation and set-up charges over a well by

a wireline unit and a successful cut of the casing of different sizes

as specified in the bid submission sheet. Unsuccessful cut charges

due to but not limited to failed runs and/or equipment failures will

not be allowed.

14. VACUUM TRUCK: This charge is an hourly rate for the use of a

vacuum truck to haul additional fluids, including mud and/or fresh

water, to the wellsite and to haul additional well returns and

excess fluids to an authorized disposal facility. The hourly charge

will include all applicable charges including fuel surcharge. The

minimum capacity of the vacuum truck must be 130 barrels.

Move-in and/or mileage charges will not be allowed.

15. WELDER: This charge is an hourly rate for a welder to weld or to

torch-cut miscellaneous items at the wellsite. Move-in and/or

mileage charges will not be allowed.

16. BACKHOE: This charge is an hourly rate for any additional

backhoe services that may be required. Move-in and/or mileage

charges will not be allowed.

17. DOZER: This charge is an hourly rate for any additional dozer

services that may be required. The dozer must be a D-6 with a

winch. Move-in and/or mileage charges will not be allowed. Any

required permitting charges for hauling equipment on a state

highway will be allowed.

18. DISPOSAL FEES: This charge is for the disposal of additional

fluids including water, saltwater, mud and mud laden fluids. This

will be a per barrel charge and transportation is not included. If

additional disposal charges are required the disposal tickets from a

Commission authorized disposal facility must accompany the

contractor’s invoice.

19. PACKER: This is for any additional packer services required that

were not originally specified in the Invitation to Bid or in the

attached plugging procedures. This is the rental charge for the use

of a packer for testing casing, wellbore isolation, and squeezing

cement. When cementing below a packer, a seating nipple shall be

run in the workstring for the purpose of pressure testing the tubing

string from the deepest squeeze point prior to cementing, if it is

deemed necessary by the plugging supervisor on location. Only

one (1) packer charge will be allowed, per packer size, per well.

20. 40 BBL Bobtail: This charge is an hourly rate for the use of a

bobtail truck to haul additional fluids, including mud and/or fresh

water, to the wellsite and to haul additional well returns and excess

fluids to an authorized disposal facility. The hourly charge will include

all applicable charges including fuel surcharge. The minimum capacity

of the vacuum truck must be 40 barrels. Move-in and/or mileage

charges will not be allowed.

GENERAL INFORMATION AND BID REQUIREMENTS

1. The Commission will make the contract award in writing. The

Commission has included in this Invitation to Bid a list of the

wells to be plugged and an individual plugging procedure, for

each well included in this contract. The Contractor will be

required to move the rig and all associated plugging equipment

onto the lease and commence plugging operations within ten (10)

days (weather permitting) from the date of the bid award.

1.1. The Commission reserves the right to extend the move-in and

termination dates, should the Commission be unable to begin

plugging operations by the designated deadline.

1.2. The Commission reserves the right to terminate the contract,

should the Contractor be unable to move in by the designated

deadline.

1.3. The Contractor may request an extension to the move-in date

and/or the contract termination date. Such request must be made

in writing to the Commission. Extensions will be granted for

weather-related delays, for wellbore (surface and downhole)

conditions that are beyond the Contractor’s control, and for

reasons deemed appropriate by the Commission.

1.4. The Commission may authorize up to two (2) 180-day extensions

to the termination date of the contract.

1.5. The Commission will make all changes, as described above, in

writing.

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2. The Contractor must be registered with the Commission and have

an active Form P-5, “Organization Report,” on file with the

Commission. Failure to have an active Form P-5 on file with the

Commission at the time of the bid award will result in rejection of

the bid.

3. The Bid Submission Sheet must be typed or completed in ink, and

properly signed, and must be received at the District Office by the

date and time shown on page one (1) of the Bid Submission Sheet.

The Bid Submission Sheet must contain the complete name and

address of the Contractor. The Bid Submission Sheet shall be

placed in an envelope completely sealed and properly identified

with the requisition number and bid opening date on the lower left

hand corner of the return envelope.

4. Telephonic, facsimile, or late bids shall not be accepted or

considered under any circumstance. Late bids, properly identified,

will be returned to the bidder unopened. Late bids, not properly

identified, will be opened and stamped “REJECTED” and

returned to the bidder.

5. Bids shall also be rejected or disqualified for (1) failure to type or

complete the bid in ink, (2) failure to bid on all items listed on the

bid submission sheet, (3) failure to manually sign the bid

submission sheet.

6. Bids may be rejected or disqualified for failure to properly date

and initial all corrections, cross outs, and whiteouts.

7. The Commission reserves the right to make an award on the

basis of low line item bid, low total of line items, or in any other

combination that will serve the best interest of the State and to

reject any and all bid items at the sole discretion of the

Commission. The Commission also reserves the right to accept

or reject all or any part of any bid, waive minor technicalities

and award the bid to best serve the interests of the State.

Without waiver or limitation on the foregoing, the Commission,

in its sole discretion, reserves the right to reject an entire bid

where the amount bid for any one or more supplemental items is

not reasonably competitive with the existing rates in the area

because the amount bid is substantially inflated or reduced.

8. Only unit prices and applicable daily minimum charges will be

considered firm prices. Price increases will not be considered.

9. The Invitation to Bid, and the Bid Submission Sheet, and the list

of wells to be plugged, and the Award Letter will serve as a

binding contract.

10. Contractor’s default under this contract will result in a sanction of

five (5) points as described in Item No. 8 in the section below

entitled “Sanctions”.

11. If the Contractor takes no exception to the above specifications

and requirements, the Contractor will be required to furnish the

equipment, services and materials as specified in this Invitation to

Bid.

12. The Commission reserves the right in its sole discretion to

contract for services when the bid amount is not reasonably

competitive with existing rates in the area. An unreasonable cost

of services is defined as a cost which is substantially inflated or

reduced, when compared to the actual cost for the service from a

representative contractor/supplier in the area where the plugging

job is being conducted, which gives an unfair advantage to the

contractor submitting the bid. Should the costs be substantially

inflated, the successful contractor will be given the opportunity to

reduce the bid amounts to match the reasonable cost for these

services. If the successful contractor chooses not to reduce its

rates, the Commission will contract for these services with an

alternate contractor. Should an alternate contractor be used, the

primary contractor will not be responsible for billing these

services. The alternate contractor will bill the Commission

directly for these services.

13. If this bid is being submitted by a corporation, by signature on the

Bid Submission Sheet, the Contractor certifies that said Contractor

is either 1) current in payment of corporate franchise taxes, 2) is a

corporation exempt from payment of the franchise tax, or 3) is an

out-of-state corporation that is not subject to Texas franchise tax.

Making a false statement as to corporate franchise tax status

constitutes a material breach of contract and gives the State the

exclusive option to cancel said contract.

WELL PLUGGING OPERATIONS:

1. The specific plugging requirements and a map, GPS coordinates,

or directions for each well included in this contract are contained

in the attached individual plugging procedures provided with this

Invitation to Bid.

2. The wells plugged under this contract will be plugged per the

requirements of Commission Statewide Rule 8 and 14. This

includes, but is not limited to placing all cement plugs by the

circulation or squeeze method through tubing and/or drill pipe,

placing 9-1/2 pounds per gallon, 40 viscosity mud in all areas of

the well not filled with cement, cutting off the wellhead three feet

(3') below the ground surface after completion of plugging

operations, de-watering and backfilling all pits, and covering and

leveling all wellsites. Plugging-related fluids will be disposed of

at a Commission authorized disposal facility as required by

Commission Statewide Rule 8.

3. The Commission will provide a representative on location as

required by Statewide Rule 14 to supervise plugging operations,

ensure compliance with all applicable Statewide Rules, and ensure

compliance with all specifications in the Invitation to Bid and the

well plugging procedures. Charges for any work performed by

the Contractor without prior authorization from a Commission

representative may be disallowed. A standby charge for

equipment, whether Contractor owned, rented, leased, or

subcontracted, is not allowed unless it is expressly approved in

advance by the Commission District Director, Assistant Director,

or Lease State Plugger, and is documented in a daily work report

for the Contractor and the Commission representative on location.

4. The Contractor shall maintain an internal safety program and have

a safety manual readily available on location for inspection at any

time by a Commission representative. The Contractor’s personnel

shall observe prudent safety practices in accordance with the

Contractor’s safety manual, accepted industry standards, and all

applicable laws and regulations.

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5. The Contractor shall remain on the job until plugging operations

on all wells included in this contract have been completed, or

brought into compliance with Commission rules, or the wells have

been deemed properly plugged by the Commission. This contract

is subject to automatic termination, with no further notice, if the

Contractor fails or refuses to complete plugging operations

without prior authorization from a Commission representative.

6. The Contractor or Sub-Contractor must be authorized by the

Commission to mix and pump cement as specified in the

Commission’s Statewide Rule 14, and must be listed on the

Commission’s List of Approved Cementers.

7. The Contractor shall maintain insurance coverage sufficient to

protect the Commission against any and all claims that may arise

out of or result from the work and the other obligations undertaken

in this contract. The Contractor must furnish a current Certificate

of Insurance to the appropriate Commission District Office before

moving onto any location that is the subject of this contract. The

minimum insurance requirements are as follows:

Commercial General Liability -- $500,000

Business/Commercial-Auto/Truck Liability -- $500,000

Worker’s Compensation -- Statutory Minimum as Required by

State Law; substitute policies are not allowed.

8. Workdays for the term of this contract shall be Monday through

Friday. Saturday or Sunday may also be considered as workdays

at the sole discretion of the District Director or his authorized

representative.

CONTRACTOR AND SUB-CONTRACTOR INVOICES:

1. Leases plugged by the Contractor under this contract will be

invoiced separately by the State-funds Plug Code Number.

2. The Contractor’s invoice must be accompanied by the

Contractor’s daily work reports.

3. A “Contractor” charge is defined as a charge for equipment,

services, or materials furnished by the Contractor receiving the

award for this contract. Equipment and materials shall be

considered Contractor owned.

4. A “Sub-Contractor” charge is defined as a charge for equipment,

services, or materials furnished by a vendor or individual other

than the Contractor. Equipment and materials shall be considered

Sub-Contractor owned.

5. All Sub-Contractor charges must be billed to the Contractor. The

Contractor must include in its bill to the Commission an itemized

listing of all Sub-Contractor charges supported by field tickets and

invoices from the Sub-Contractor. Disposal fees, which are

subcontracted services, must be supported by run tickets. No

service charge will be paid by the Commission for the handling of

Sub-Contractor invoices.

6. All Sub-Contractor charges shall be paid on the amount shown on

the Sub-Contractor’s invoice or the amount shown on the bid

submission sheet for equipment, services, and materials listed on

the bid submission sheet, whichever is less.

7. All Sub-Contractor charges shall be paid on the amount shown on

the Sub-Contractor’s invoice for equipment, services, or materials

not listed on the bid submission sheet. The equipment, services,

or materials must be competitively priced with area vendors.

8. The bid amounts contained in the Bid Submission Sheet will be

used to determine the applicable credits for materials, services,

and equipment requested in the attached well plugging

procedures, but not used.

9. The District Director or his authorized representative must pre

approve equipment, services, and materials not listed on the bid

submission sheet. The Commission representative on location

must pre approve the disposal of additional plugging related fluids

or well returns.

10. The Commission will not pay a standby charge for equipment,

whether Contractor owned, rented, leased, or subcontracted,

unless the charge has been expressly approved in advance by the

Commission District Director, Assistant District Director, or the

Lease State Plugger, and is documented in a daily work report for

the Contractor and the Commission representative on location.

11. The Commission will not pay any travel allowance or crew per

diem.

12. Charges for hourly services (Ex: vacuum truck, welder, backhoe

and dozer) may be submitted in 15-minute increments (i.e. 1 hour

15 minutes, 2 hour 45 minutes, etc.).

13. All cash discounts offered shall be taken if earned. All

manufacturer or vendor discounts shall be made available to the

Commission. The Commission shall receive the benefit of all

manufacturers or vendor discounts earned and taken by the

Contractor or any of its subcontractors.

14. State Sales Tax: The purchase of tangible property for well

plugging work for the Railroad Commission (Ex: cement, cement

retainers, cast iron bridge plugs, cement additives, cement mix

water, and mud) is exempt from state sales tax by Sec. 151.131 of

the Tax Code if it is incorporated into the realty or is essential to

completion of the work and is completely consumed after being

used once. Contractors will pay tax on all machinery or

equipment, accessories or repair part purchases and all rented or

leased tangible personal property. Questions regarding state sales

tax should be referred to the State Comptroller of Public

Accounts. State sales tax paid by the Contractor for the

performance of work under this contract is reimbursable by the

Commission.

SANCTIONS:

1. Failure to pay Sub-Contractors in a timely manner will result in

termination of all pending contracts until payment has been made

to the Sub-Contractors and verified by the Commission.

2. Contractor’s default of this contract or failure to meet the

specifications as contained in this Invitation to Bid authorizes the

Commission to contract for and/or purchase the specified services

elsewhere and charge the full increase, if any, in cost to the

defaulting Contractor.

3. Any false statement on a Bid Submission Sheet shall void the bid

and any resulting contract, and the Contractor may be removed

from the bid list.

4. Failure to move in all plugging equipment and commence

plugging operations as specified in the “General Information and

Bid Requirements” Section, Item 1 of this contract, will terminate

this contract.

5. Failure to complete plugging operations by the contract

termination date on Page 1 will terminate this contract.

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6. Failure to continue plugging operations until all wells have been

plugged or otherwise brought into compliance with Commission

rules will terminate this contract.

7. Failure to maintain an active Form P-5 and the required insurance

coverage may result in termination of the contract.

8. Contractor’s default under this contract shall result in a sanction of

five (5) points against the contractor. A five (5)-point reduction

will be made to the contractor’s average performance rating on

file with the Commission. A default is defined as the contractor’s

failure to move on to the lease after the bid award.

GENERAL PROVISIONS:

1. INDEPENDENT CONTRACTOR/SUB-CONTRACTOR: The

Contractor shall perform the work under this contract as an

independent Contractor who is responsible to accomplish the work

according to the contract provisions. As an independent

Contractor, the Contractor shall have full authority to select the

means, methods, and manner of performing the work within the

rights reserved to the Commission by the contract provisions. The

Contractor shall be fully liable for all acts and omissions of any

Sub-Contractor(s). The Contractor shall bind each Sub-Contractor

to the applicable terms and conditions of this contract for the

benefit of the Commission.

2. GOVERNING LAWS: This contract shall be governed by and

construed in accordance with the laws of the State of Texas. In

performing the work under this contract, the Contractor covenants

to comply with all applicable laws and regulations of any local,

state, or federal authority having jurisdiction.

3. PRIOR AGREEMENTS SUPERSEDED: This agreement

constitutes the sole and only agreement of the parties and

supersedes any prior understandings or written or oral agreements

between the parties respecting the subject matter of this

Agreement.

4. TERMINATION CLAUSE:

4.1. This Contract may be terminated in whole or in part by the

Commission for its convenience upon ten day’s written notice.

The Contractor shall discontinue all services in connection with

this contract and submit a statement to the Commission detailing

the work performed to date of termination. The Commission

agrees to compensate the Contractor for that portion of the work

actually performed and approved under this Contract in the

proportion that such work bears to the total work required by the

Contract.

4.2. The Commission, acting by and through the applicable District

Director or his designated representative, reserves the right to

terminate or modify this contract, orally or in writing, without

prior notice to the Contractor, if the applicable District Director or

his designated representative determines, in his sole discretion,

that wellbore conditions specified in the attached plugging

procedure, incorporated herein as if set out in full, for any or all of

the subject wells, differ from the actual downhole conditions.

4.3. Pursuant to Sections 2155.006 and 2261.053, Government Code, a

state agency may not accept a bid or award a contract, including a

contract for which purchasing authority is delegated to a state

agency, that includes proposed financial participation by a person

who, during the five-year period preceding the date of the bid or

award, has been convicted of violating a federal law or assessed a

penalty in a federal civil or administrative enforcement action in

connection with a contract awarded by the federal government for

relief, recovery, or reconstruction efforts as a result of Hurricane

Rita, as defined by Section 39.459, Utilities Code, Hurricane

Katrina (meaning the hurricane of that name that struck the gulf

coast region of the United States in August, 2005), or any other

disaster as defined by Section 418.004, Government Code,

occurring after September 24, 2005. If a state agency determines

that an individual or business entity holding this contract is

ineligible to have the bid accepted or contract awarded under

Section 2155.006 or Section 2261.053, Government Code, the

state agency may immediately terminate the contract without

further obligation to the vendor.

5. PROTEST PROCEDURES: The Commission’s full protest

procedures may be found at 16 Texas Administrative Code

Section 20.1. However, all Bidders should be aware that a protest

must be filed within ten (10) calendar days after the protestant

knows or should have known of the occurrence of the action

which is protested. Late filed protest shall not be considered.

Copies of the protest shall be mailed or delivered by the protestant

to all other Bidders and the affected division director for the

Commission.

6. AUDITING: Vendor agrees that the Texas State Auditors Office

(State Auditor) may audit or investigate Vendor or any

subcontractor or other entity receiving funds from the State of

Texas under this contract. Acceptance of funds from the State of

Texas directly under this contract or indirectly through a

subcontract under this contract constitutes acceptance of the

authority of the State Auditor, under the direction of the legislative

audit committee, to conduct an audit or investigation in

connection with those funds. Vendor shall incorporate the

provisions of this paragraph into all subcontractor contracts and

agreements. Under the direction of the legislative audit committee,

any entity that is subject to an audit or investigation by the State

Auditor must provide the State Auditor with access to any

information the State Auditor considers relevant to the

investigation or audit.

7. CONTRACTOR PERFORMANCE EVALUATION: The

Commission has a Contractor Performance Evaluation Procedure

in place. Any Contractor that is awarded a contract for State-

funded Plugging will be evaluated during the performance of

state-funded plugging activities. The procedure contains specific

standards that each Contractor will be evaluated against to

determine an overall performance rating for each state-funded

plugging job. The Contractors average performance rating will be

based on the last five (5) jobs completed. The average

performance rating will be used in the bid evaluation by dividing

the “Total Bid Amount” by the performance rating to determine

an “Adjusted Bid Amount” and determine the bid offering the best

value to the State of Texas. New Contractors bidding on state-

funded plugging operations that do not have a history of working

for the Commission will be awarded the highest performance

rating of the Contractors that submitted a bid. New Contractors

bidding on state-funded plugging operations that have a history of

working for the Commission under a different Contractor name

will be awarded the performance rating of that Contractor. The

evaluation system utilized by the Commission is described below.

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7.1. Performance Evaluation Standards: The performance standards

that will be evaluated are listed below and defined as follows.

7.1.1. Services Performed-this standard is defined as the Contractors'

daily execution of the job as specified in the Invitation to Bid.

This includes supervision, planning, progress, and coordination

of plugging activities to ensure effective utilization of

resources.

7.1.2. Equipment-this standard is defined as the rig and associated

equipment, including any sub-contractor equipment, necessary

to complete daily tasks and properly plug the well(s) as

specified in the Invitation to Bid.

7.1.3. Downtime- this standard is defined any interruption in service

due to equipment failure or otherwise within the contractor’s

control.

7.1.4. Personnel: this standard considers whether the contractor

provides a fully trained crew as specified in the Invitation to

Bid.

7.1.5. Safety: this standard considers whether the Contractor

maintains a formal, written internal safety program that can be

verified through the Contractor’s safety coordinator. This

standard also considers whether the Contractor’s performance

complies with its safety program and established industry

safety practices.

7.1.6. Availability: this standard considers whether the contractor

meets the move-in date as specified by the Commission’s bid

award letter or other wise.

7.1.7. Contractor's Financial Resources to Deliver Goods and Services--

this standard is defined, in part, as the Contractor’s

demonstration in the field that it possesses the financial

capability to timely deliver to the job site goods and services

necessary to plug the well(s) as specified in the Invitation to

Bid. This standard also considers any instance where, without

good cause, the Contractor has failed to timely pay any

subcontractor or supplier who has provided goods or services

on the present job or any previous job for the Commission and

the Commission is notified of the nonpayment during the

present job.

7.2. Standards, Ranking and Rating: The seven (7) performance

standards will be evaluated in the field during state-funded

plugging operations. The evaluation will include a maximum of

one hundred (100) total points for Items 1 through 4. A rating of

one hundred (100) points will be equivalent to 1.00 for bid

evaluation purposes. The plugging contractors performance will

be evaluated daily under Items 1 through 4. Items 5 through 7 are

deductions that will be assessed at the end of the job if these

standards are not complied with. The standards are ranked and

have been assigned a point value as follows.

7.2.1. Services to be Performed--the Contractor will be evaluated on a

daily basis and shall receive between zero (0) and thirty (30)

points per day. Points shall be deducted in increments of three

(3) points or more for each deficiency within the contractor’s

control resulting in unsatisfactory progress. Thirty (30) points

shall be awarded if all services are performed as specified. --0-30

7.2.2. Equipment--the Contractor will be evaluated on the

performance of the plugging equipment, including

subcontractor’s equipment. The Contractor shall receive

between zero (0) and thirty (30) points each day. Points shall

be deducted in increments of (3) points for each hour of

downtime attributable to equipment failures within the

contractor’s control. -- 0-30

7.2.3. Downtime--the Contractor shall be evaluated daily on the hours

of downtime as a percentage of a full workday (ie. 8-10 hr),

and shall receive that percentage of points between zero (0) and

twenty-five (25). -- 0-25

7.2.4. Personnel—the contractor shall be evaluated daily, based on

whether it maintains at all times a fully trained crew that

performs in accordance with the job specifications contained in

the Invitation to Bid. The contractor shall receive up to fifteen

(15) points for compliance with this standard. Three (3) points

or more shall be deducted daily for each deficiency within this

standard-- 0-15

7.2.5. Safety-- Ten (10) points shall be deducted from the final job

rating for the absence of a formal, written internal safety

program and/or a lost time accident as a result of failure to

comply with the Contractor’s safety program or established

industry practices. This is a one-time assessment made at the

completion of the job. -- 0 - (-10)

7.2.6. Availability—If the contractor fails to meet the move-in

deadline specified in the Commission’s award letter, or

otherwise, ten (10) points shall be deducted from the final job

rating. This is a one-time assessment made at the completion

of the job. -- 0 – (-10)

7.2.7. Contractor's Financial Resources to Deliver Goods and Services –

the contractor shall be evaluated on its ability to contract for

goods and services in the field, and for any instance where the

Commission is notified during the present job that, without

good cause, a subcontractor or supplier has not been paid. A

deduction of up to ten (10) points shall be made to the final job

rating for any of the following: failing to timely contract for

any goods or services and/or failing to make timely payments

to any subcontractor or supplier, without good cause, for any

goods or services provided on the present job or any previous

commission job and the Commission is notified of the

nonpayment during the present job. This is a one-time

assessment made at the completion of the job-- 0 – (-10)

Total Points: 0-100

8. GOOD FAITH EFFORT PROGRAM (GFEP) FOR OTHER

SERVICES OPEN MARKET:

See attachments for the Commission’s policy on utilization

of Historically Underutilized Businesses (HUBs). Strict

adherence to the Commission HUB Subcontracting Plan is

required. Failure to comply with this provision will

disqualify the bid.

Contact Sandy Williams at (512) 463-7680 if you have any

questions concerning the submission of the HUB Subcontracting

Plan.

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9. If there are any questions regarding purchasing terms and/or

conditions, contact Sandy Williams, RRC Purchasing

Manager, at (512) 463-7680.

TERMS AND CONDITIONS: ITEMS BELOW APPLY TO

AND BECOME A PART OF BID. ANY EXCEPTIONS

THERETO MUST BE IN WRITING

1. BIDDING REQUIREMENTS:

1.1. Bidders must comply with all rules, regulations and statutes

relating to purchasing in the State of Texas in addition to the

requirements of this form.

1.2. Bidders must price per unit shown. Unit prices shall govern in the

event of extension error.

1.3. Bids should be submitted on this form. Bids must be time

stamped at the Commission’s Purchasing Section on or before the

hour and date specified for the bid opening.

1.4. Late and/or unsigned bids will not be considered under any

circumstances. Person signing bid must have authority to bind the

firm in a contract/purchase order.

1.5. Bidder should enter Texas Identification Number System (TINS)

number, full firm name and address of bidder on the face of this

form. Enter in the space provided, if not shown. Additionally,

firm name should appear on each continuation page of the bid in

the block provided in the upper right hand corner.

1.6. Bids should give Payee ID Number, full firm name and address of

bidder. Enter in space provided if not shown. Additionally, firm

name should appear on each continuation page of a bid, in the

block provided in the upper right hand corner. The Payee ID

Number is the taxpayer number assigned and used by the

Comptroller of Public Accounts of Texas.

1.7. Bid cannot be altered or amended after opening time. Alterations

made before opening time should be initialed by the bidder or his

authorized agent. No bid can be withdrawn after opening time

without approval of the Commission based on an acceptable

written reason.

1.8. Purchases made for the Commission use are exempt from the

State Sales tax and Federal Excise tax. Do not include tax in bid.

Excise Tax Exemption Certificates are available on request.

1.9. The Commission reserves the right to make an award on the

basis of low line item bid, low total of line items, or in any other

combination that will serve the best interest of the State and to

reject any and all bid items at the sole discretion of the

Commission. The Commission also reserves the right to accept

or reject all or any part of any bid, waive minor technicalities

and award the bid to best serve the interests of the State.

Without waiver or limitation on the foregoing, the Commission,

in its sole discretion, reserves the right to reject an entire bid

where the amount bid for any one or more supplemental items is

not reasonably competitive with the existing rates in the area

because the amount bid is substantially inflated or reduced.

1.10. Consistent and continued tie bidding could cause rejection of bids

by the Commission and/or investigation for antitrust violations

1.11. Inquiries pertaining to IFBs must give requisition number, codes

and opening date.

2. SPECIFICATION:

2.1. Unless otherwise specified, items bid shall be new and unused and

of current production.

2.2. The Commission will not be bound by any oral statement or

representation contrary to the written specifications of this

Invitation for Bids (IFB).

2.3. Manufacturer's standard warranty shall apply unless otherwise

stated in the IFB.

3. TIE BIDS - Awards will be made in accordance with 34 TAC

Section 20.36(b)(3) (Tie Bids) and 34 TAC Section 20.38

(Preferences).

4. AWARD OF CONTRACT - A response to an IFB is an offer to

contract based upon the terms, conditions and specifications

contained herein. Bids do not become contracts until they are

accepted through a purchase order. The contract shall be

governed, construed and interpreted under the laws of the State of

Texas. The factors listed in Texas Government Code, Title 10,

Subtitle D, Section 2155.074, 2155.144, 2156.007, 2157.003 shall

also be considered in making an award. Any legal actions must be

filed in Travis County, Texas.

5. PAYMENT - To receive payment, the contractor shall submit an

invoice to the Railroad Commission of Texas. The invoice shall

include all of the following items:

5.1. mailing address, telephone number, and e-mail address (if

applicable);

5.2. name and telephone number of a person designated by the

contractor to answer questions regarding the invoice;

5.3. the phrase “Railroad Commission of Texas (Agency 455)”

followed by the Commission’s address as specified elsewhere in

this contract;

5.4. the Railroad Commission of Texas requisition number, purchase

order number, contract number or other reference number for this

contract;

5.5. the contractor's Texas identification number (TIN) issued by the

Comptroller of Public Accounts or, if contractor has no TIN, the

contractor's federal employer identification number or Social

Security number;

5.6. a description of the goods or services, in sufficient detail to

identify the order which relates to the invoice;

5.7. unit numbers corresponding to the original order, if applicable;

and

5.8. other relevant information supporting and explaining the payment

requested or identifying a successor organization to an original

vendor, if necessary.

5.9. Failure to submit all the applicable items in section (a), above,

may result in the invoice being rejected by the Commission,

payment being delayed or denied, and interest may not accrue

pursuant to Chapter 2251 of the Government Code.

6. PATENTS OR COPYRIGHTS - The vendor agrees to protect the

Commission from claims involving infringement of patents or

copyrights.

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7. VENDOR ASSIGNMENTS - Vendor hereby assigns to purchaser

any and all claims for overcharges associated with this contract

which arise under the antitrust laws of the United States 15

U.S.C.A. Section 1, et seq. (1973), and the antitrust laws of the

State of Texas, Tex. Bus. & Comm. Code Ann. Sec. 15.01, et seq.

(1967).

8. BIDDER AFFIRMATIONS - Signing this bid with a false

statement is a material breach of contract and shall void the

submitted bid or any resulting contracts, and the bidder shall be

removed from all bid lists. By signature hereon affixed, the bidder

hereby certifies that:

8.1. The bidder has not given, offered to give, nor intends to give at

any time hereafter any economic opportunity, future employment,

gift, loan, gratuity, special discount, trip, favor, or service to a

public servant in connection with the submitted bid.

8.2. Neither the bidder nor the firm, corporation, partnership, or

institution represented by the bidder, or anyone acting for such a

firm, corporation or institution has violated the antitrust laws of

this State or Federal Antitrust Laws, nor communicated directly or

indirectly the bid made to any competitor or any other person

engaged in such line of business.

8.3. Pursuant to Section 2155.004, government Code, the bidder has

not received compensation for participation in the preparation of

the specifications for the ITB.

8.4. Pursuant to Section 231.006(d), Family Code, regarding child

support, the bidder certifies that the individual or business entity

named in this bid is not ineligible to receive the specified payment

and acknowledges that this contract may be terminated and

payment may be withheld if this certification is inaccurate.

8.5. Pursuant to Section 2155.004(b), Government Code, the vendor

certifies that the individual or business entity named in this bid or

contract is not ineligible to receive the specified contract and

acknowledges that this contract may be terminated and payment

withheld if this certification is inaccurate.

8.6. LIABILITY AND INDEMNITY: The Bidder shall be and remain

liable in accordance with applicable law for any and all bodily

injury, disease, or death of third persons or loss of or damage to

property of third persons arising of or incident to the Bidder’s

work performance. The Bidder shall defend, indemnify and

hold harmless the Commission, the State of Texas, its officers,

agents, and employees, from and against all claims, actions,

suits, demands, liabilities, penalties, and causes of action of

every kind and character, arising out of, connected with or

result from any acts or omissions of contractor or any agent,

employee, subcontractor, or supplier of contractor in the

execution or performance of this contract. (1) the negligent,

reckless, or intentional act or omission of the Bidder, its agents,

employees, sub-Bidders or suppliers; or (2) the Bidder’s failure to

comply with a covenant, warranty, or representation; or (3) the

Bidder’s failure to comply with any applicable federal, state or

local law, regulation, or ordinance; or (4) any claim that the

Commission was negligent in hiring the Bidder; or (5) personal

injury or bodily injury (including death) to the Bidder’s own

employees or sub-Bidders suffered as a result of the Bidder’s

performance under this contract. NOTICE: This indemnity

obligation shall apply regardless of whether such

claim, damage, loss or demand is caused in part by a

party indemnified by the foregoing provision,

including the negligent act or omission of the

Commission, its officials or employees.

8.7. Bidder agrees that any payments due under this contract will be

applied towards any debt, including but not limited to delinquent

taxes and child support that is owed to the State of Texas.

8.8. Bidder certifies that they are in compliance with Section 669.003

of the Government Code, relating to contracting with executive

head of a State agency. If section 669.003 applies, bidder will

complete the information in Item 11 on Page 2 of the Bid

Submission Sheet in order for the bid to be evaluated.

8.9. Bidder agrees to comply with Government Code 2155.4441,

pertaining to service contract use of products produced in the State

of Texas.

8.10. Bidder certifies that the bidding entity and its principals are

eligible to participate in this transaction and have not been

subjected to suspension, debarment, or similar ineligibility

determined by any federal, state or local governmental entity and

that bidder is in compliance with the State of Texas statutes and

rules relating to procurement and that bidder is not listed on the

federal government’s terrorism watch list as described in

Executive Order 13224. Entities ineligible for federal

procurement are listed at http://www.epls.gov.

8.11. Under Section 2155.006(b) of the Texas Government Code, a

state agency may not accept a bid or award a contract, including a

contract for which purchasing authority is delegated to a state

agency, that includes proposed financial participation by a person

who, during the five-year period preceding the date of the bid or

award, has been: (1) convicted of violating a federal law in

connection with a contract awarded by the federal government for

relief, recovery, or reconstruction efforts as a result of Hurricane

Rita, as defined by Section 39.459, Utilities Code, Hurricane

Katrina, or any other disaster occurring after September 24, 2005;

or (2) assessed a penalty in a federal civil or administrative

enforcement action in connection with a contract awarded by the

federal government for relief, recovery, or reconstruction efforts

as a result of Hurricane Rita, as defined by Section 39.459,

Utilities Code, Hurricane Katrina, or any other disaster occurring

after September 24, 2005. Under Section 2155.006 of the Texas

Government Code, the bidder certifies that the individual or

business entity named in this bid is not ineligible to receive the

specified contract and acknowledges that any contract resulting

from this IFB may be terminated and payment withheld if this

certification is inaccurate.

8.12. Bidder represents that payment to the bidder and the bidder’s

receipt of appropriated or other funds under any contract resulting

from the ITB are not prohibited by Section 556.005 or Section

556.008 of the Texas Government Code.

9. NOTE TO BIDDERS:

9.1. Any terms and conditions attached to a bid will not be considered

unless specifically referred to on this bid form and may result in

disqualification of the bid.

9.2. Information, documentation, and other material in connection with

this solicitation or any resulting contract may be subject to public

disclosure pursuant to Chapter 552 of the Texas Government

Code (the "Public Information Act").

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9.3. The dispute resolution process provided for in Chapter 2260 of the

Texas Government Code shall be used by VENDOR and

COMMISSION to resolve all disputes arising under this Contract.

As required by Chapter 2260, COMMISSION has adopted rules,

codified at 16 Texas Administrative Code §§20.21 - 20.75, and

may adopt revisions to these rules throughout the term of this

Agreement, including any extensions. The parties shall comply

with such rules.

9.4. Any contract resulting from this solicitation is contingent upon the

continued availability of lawful appropriations by the Texas

Legislature.

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11/21/2015

CONTRACTOR IDENTIFICATION OF RELATIVES/EMPLOYEES (Must sign and return with Proposal)

State law imposes restrictions on certain contracts with former or retired employees. Contractor must

provide a list of all of the following on this form.

Relatives of the Contractor who are currently working or have worked for the Railroad Commission of

Texas (Commission):

(a) Employees of the Contractor who are current, former, or retired employees of Commission.

Contractor must notify Commission of any prospective employee who is a former employee of

Commission, prior to prospective employee’s performance or receipt of compensation under any

contract resulting from this RFP.

(b) Contractor must notify Commission of any prospective employee who is related to a Commission

employee, prior to placement, and must notify Commission of any prospective employee who holds

any license or certificate related to the Insurance Industry.

If none, specify by marking an “X” in the “None” box for each category. Failure to complete this form

will cause Contractor to be non-responsive.

1. Relatives of Contractor (current or former Commission employees)

None-

Name (First and Last) Relationship to Commission

a current- former- retiree-

b current- former- retiree-

c current- former- retiree-

2. Non-relative Employees of Contractor (current or former Commission employees), including retired

None-

Name (First and Last) Relationship to Commission

a current- former- retiree-

b current- former- retiree-

c current- former- retiree-

Use the additional lines below, as necessary for additional employees not listed above.

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

________________________________________ __________________________

Signature of Person Completing Form Date

________________________________________ ________________________________

Name and Title Contractor Company Name

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SFP Code 06-225898 PLUGGING PROCEDURE:

DISTRICT: 06 OPERATOR NAME & NO.: T and M Production (833773) LEASE: Furrh (02366)

WELL NO: 4, 5, & 6 FIELD NAME & NO: Longwood (Goodland Lime) (54807200 )

COUNTY: Harrison (203) TOTAL DEPTH: 7,386 RRC: Wilcox @ 300’

WELL CONTROL: BOP’s and/or Stripper Head SALVAGE:

DOCKET NO:

WELL

NO. TBG/CSG DEPTH TD TOC OTHER

4 8-5/8”

4-1/2”

250’

2,464’

2,460’ Surface

1,971’

TOC is calculated, production perfs @ 2,411’

to 2,419’.

5 8-5/8”

4-1/2”

235’

2,456’

2,471’ Surface

1,964’

TOC is calculated, production perfs @ 2,385’

to 2,414’.

6 8-5/8”

4-1/2”

240’

2,452’

2,455’ Surface

1,961’

TOC is calculated, production perfs @ 2,369’

to 2,390’.

1. All cement plugs must be set using API approved oil well cement.

2. Prepare location to accept rig and equipment, to include any clearing of brush and the building of

any roads that might be necessary to allow for ingress of equipment. Also to include digging of

any pits needed to circulate the well into during plugging operations. Call 811 prior to

doing any excavation in the area and have all lines located and marked. All road and

wellsite improvements for access are the responsibility of the successful contractor and shall be

performed in a manner and time as to provide optimum access results. All bidders have the

responsibility to view the site. Failure to do so prior to bidding is not grounds for increasing costs

or preparation charges after the bid has been awarded. PLUGGING REQUIREMENTS: It will

be required that all wellheads be dug down to surface casing and plumbed back to

surface with steel pipe and an operable valve prior to rigging up on well.

Procedure A – Wells 4 & 5

3. MIRU rig and equipment. Install BOP's and stripper head. POOH with existing downhole equipment.

RIH with workstring to 2,400', and circulate wellbore with fresh water.

4. Mix and spot 20 sx of cement at 2,400'. (Goodland Lime)

5. PUH 300', WOC at least 3 hrs, test casing to 500 psi. Circulate wellbore full with a minimum of

9.5 ppg, 40 visc. mud.

6. Perforate casing from 350' to 352', with 4 shots per foot.

7. Mix and sqze 60 sx of cement from 350', leaving 150' of cement inside casing. WOC at least 3

hrs., varify plug with either tubing or wireline. (Wilcox / Casing Shoe Combined)

8. PUH to 13', mix and spot 5 sx from 13' to 3'.

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Procedure B – Well 6

9. MIRU rig and equipment. Install BOP's and stripper head. POOH with existing downhole equipment.

RIH with workstring to 2,300', and circulate wellbore with fresh water.

10. Mix and spot 20 sx of cement at 2,300'. (Goodland Lime)

11. PUH 300', WOC at least 3 hrs, test casing to 500 psi. Circulate wellbore full with a minimum of

9.5 ppg, 40 visc. mud.

12. Perforate casing from 350' to 352', with 4 shots per foot.

13. Mix and sqze 75 sx of cement from 350', leaving 160' of cement inside casing. WOC at lease 3

hrs., varify plug with either tubing or wireline. (Wilcox / Casing Shoe Combined)

14. PUH to 13', mix and spot 5 sx from 13' to 3'.

All Wells

15. Cut off all casing strings and flow line connections on each wellsite 3' below ground level, and

backfill the pit and cellar to prevent the ponding of any surface water. Contractor is required to

remove all loose junk and debris associated with the plugging of the well or wells on this

lease.

Location: North of Waskom Texas.

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SFP Code 06-225903 PLUGGING PROCEDURE:

DISTRICT: 06 OPERATOR NAME & NO.: T and M Production (833773) LEASE: Hearn, F. M. Est. (02381)

WELL NO: 4 & 5 FIELD NAME & NO: Longwood (Goodland Lime) (54807200 )

COUNTY: Harrison (203) TOTAL DEPTH: 4,600’ RRC: Wilcox @ 300’

WELL CONTROL: BOP’s and/or Stripper Head SALVAGE:

DOCKET NO:

WELL

NO. TBG/CSG DEPTH TD TOC OTHER

4 8-5/8”

4-1/2”

220’

2,461’

2,461 Surface

1,968’

TOC is calculated, production perfs @ 2,355’

to 2,367’

5 8-5/8”

4-1/2”

210’

2,492’

2,492’ Surface

1,993’

TOC is calculated, production perfs @ 2,377’

to 2,387’

16. All cement plugs must be set using API approved oil well cement.

17. Prepare location to accept rig and equipment, to include any clearing of brush and the building of

any roads that might be necessary to allow for ingress of equipment. Also to include digging of

any pits needed to circulate the well into during plugging operations. Call 811 prior to

doing any excavation in the area and have all lines located and marked. All road and

wellsite improvements for access are the responsibility of the successful contractor and shall be

performed in a manner and time as to provide optimum access results. All bidders have the

responsibility to view the site. Failure to do so prior to bidding is not grounds for increasing costs

or preparation charges after the bid has been awarded. PLUGGING REQUIREMENTS: It will

be required that all wellheads be dug down to surface casing and plumbed back to

surface with steel pipe and an operable valve prior to rigging up on well.

18. MIRU rig and equipment. Install BOP's and stripper head. POOH with existing downhole equipment.

RIH with workstring to 2,300', and circulate wellbore with fresh water.

19. Mix and spot 20 sx of cement at 2,300'. (Goodland Lime)

20. PUH 300', WOC at least 3 hrs, test casing to 500 psi. Circulate wellbore full with a minimum of

9.5 ppg, 40 visc. mud.

21. Perforate casing from 350' to 352', with 4 shots per foot.

22. Mix and sqze 75 sx of cement from 350', leaving 180' of cement inside casing. WOC at least 34

hrs., varify plug with either tubing or wireline. (Wilcox / Casing Shoe Combined)

23. PUH to 13', mix and spot 5 sx from 13' to 3'.

24. Cut off all casing strings and flow line connections on each wellsite 3' below ground level, and

backfill the pit and cellar to prevent the ponding of any surface water. Contractor is required to

remove all loose junk and debris associated with the plugging of the well or wells on this

lease.

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Location: North of Waskom

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SFP Code 06-230760 PLUGGING PROCEDURE:

DISTRICT: 06 OPERATOR NAME & NO.: T. And M. Production (833733) LEASE: Platt, ET AL (10573)

WELL NO: 1, 2 FIELD NAME & NO: Longwood (Goodland Lime) (54807200)

COUNTY: Harrison (203) TOTAL DEPTH: 4782’ RRC: Wilcox: 250’, BUQW: 100’

WELL CONTROL: BOP’s and/or Stripper Head SALVAGE: No

DOCKET NO: 06-95666

WELL

NO. TBG/CSG DEPTH TD TOC OTHER

1 8-5/8”

4-1/2”

240’

2417’

2417’ Surface

1508’

Production perfs: 2300-40’

2 8-5/8”

4-1/2”

240’

2365’

2365’ Surface

1456’

Injection perfs: 2300-42’

25. All cement plugs must be set using API approved oil well cement.

26. Prepare location to accept rig and equipment, to include any clearing of brush and the building of

any roads that might be necessary to allow for ingress of equipment. Also to include digging of

any pits needed to circulate the well into during plugging operations. Call 811 prior to

doing any excavation in the area and have all lines located and marked. All road and

wellsite improvements for access are the responsibility of the successful contractor and shall be

performed in a manner and time as to provide optimum access results. All bidders have the

responsibility to view the site. Failure to do so prior to bidding is not grounds for increasing costs

or preparation charges after the bid has been awarded. Plugging requirements: it will be

required that all wellheads be dug down to surface casing and plumbed back to surface

with steel pipe and an operable valve prior to rigging up on well.

27. MIRU rig and equipment. Install BOP's and stripper head. POOH with existing downhole equipment.

RIH with workstring to 2300', and circulate wellbore with fresh water.

28. Mix and spot 20 sx of cement at 2300'. (perfs)

29. PUH 300', WOC at least 3 hrs, circulate wellbore full with a minimum of 9.5 ppg, 40 visc. mud.

Test casing to 500 psi.

30. Perforate casing from 300' to 302', with 4 shots per foot.

31. Mix and sqze 120 sx of cement from 300', circulating cement back to surface. (Casing

Shoe/Wilcox/BUQW)

32. Cut off all casing strings and flow line connections on each wellsite 3' below ground level, and

backfill the pit and cellar to prevent the ponding of any surface water. Contractor is required to

remove all loose junk and debris associated with the plugging of the well or wells on this

lease.

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Location: 10 miles north of Waskom, TX