ESBD_415418_1746121791968_IFB 001-25-AMS Drilling_Horizontal Access Borehole.pdf

May 5, 2025

Dear Interested Bidder:

The Edwards Aquifer Authority (EAA) is requesting bids from qualified vendors for the drilling of a horizontal borehole at the EAA�s Field Research Park located at 23844 Cibolo Vista, San Antonio, Texas 78261.

Attached is the bid package which includes the following for submission by interested offerors: Bid Sheet (Attachment A1); Client Reference forms (Attachments B1-B3); Project Subcontracting Plan (Attachment A4);

and Insurance Requirement Affidavit.

The EAA is currently accepting electronic or physical submissions of bids as follows:

Electronic: The EAA has partnered with the Texas Purchasing Group for receipt of electronic bids via BidNet Direct (BidNet). Please register on BidNet to access the bid request and to submit required documents. Please note, a paid subscription to BidNet is not required to access bids or submit responses: (https://www.bidnetdirect.com/texas/edwardsaquiferauthority)

Physical: Submit one (1) printed original and one (1) electronic copy on a CD or USB thumb drive of the bid responses, sealed with �DRILLING A HORIZONTAL ACCESS BOREHOLE� indicated on the top of the envelope, to:

Ms. Shelly Hendrix Controller/Sr. Director of Finance

BID NO. 001-25-AMS

Edwards Aquifer Authority 900 E. Quincy Street San Antonio, TX 78215

Bids are due no later than 3:00 p.m., Wednesday, May 28, 2025, at which time the bids will be opened.

BIDS RECEIVED AFTER THE DEADLINE WILL NOT BE ACCEPTED BY BIDNET AND WILL

BE RETURNED, UNOPENED, IF PHYSICALLY SUBMITTED. Bids offering less than 90 calendar days for acceptance by the EAA from the date set for opening will be considered non-responsive and will be rejected. The EAA reserves the right to reject any and all bids.

If you have any questions, please contact Ms. Hendrix at contracting@edwardsaquifer.org.

Sincerely, Roland Ruiz General Manager

INVITATION FOR BIDS

FOR

DRILLING A HORIZONTAL ACCESS BOREHOLE

FOR

EDWARDS AQUIFER AUTHORITY

BID NO. 001-25-AMS

Issued by:

Edwards Aquifer Authority

900 E. Quincy Street San Antonio, TX 78215

Issue Date: Monday, May 5, 2025

Bid Due Date: Wednesday, May 28, 2025

Bid Due Time: 3:00 p.m., Central Time

SECTION 1

PROJECT INTRODUCTION AND BACKGROUND

1.1 PURPOSE OF INVITATION FOR BIDS (IFB)

The Edwards Aquifer Authority (EAA), located in San Antonio, Texas, is soliciting bids for drilling a horizontal access borehole.

1.2 DESCRIPTION OF PROPOSED PROJECT

The EAA seeks a qualified Contractor to drill a horizontal borehole at the EAA’s Field Research Park site located at 23844 Cibolo Vista, San Antonio, Texas 78261. The borehole will provide long-term access for subsurface water content monitoring using a neutron probe as part of a broader infiltration study. This is an exploratory project without close precedent in the region. As such, the Contractor shall be prepared to accommodate experimental methods and to collaborate closely with EAA technical staff.

The completed borehole shall be constructed to allow passage of the downhole probe component of a 503 ELITE Hydroprobe system (https://www.instrotek.com/products/503-elite-hydroprobe) through internal casing, from one end of the borehole to the other. The probe is housed in a stainless steel sleeve with an outer diameter of 2.375 inches and a length of 20 inches. While the specific equipment described above is provided as an example, the borehole and casing dimensions shall accommodate any equivalent probe of similar dimensions.

The borehole shall be between 200 and 400 feet in length, depending on drilling rates and overall project cost. It shall maintain a minimum depth of six (6) feet below ground surface along its full trajectory; greater depth is acceptable. The borehole shall terminate in daylight at both ends.

The smallest practical bit size is preferred to maximize the neutron probe’s effective sensing volume within the surrounding material. To minimize contamination of pore fluids, dry drilling methods (e.g., air rotary) are preferred and shall be attempted initially. If dry drilling proves infeasible, drilling fluid may be permitted upon consultation with EAA technical staff.

Final casing material and installation methods shall be reviewed and approved by EAA prior to installation.

To maximize the effective sensing radius of the neutron probe, the annular space surrounding the casing shall not be backfilled.

The drill site (Figure 1) is underlain by competent limestone bedrock. The site is flat, accessible by standard truck-mounted equipment, and has no known restrictions on access or equipment staging. The bore hole shall traverse beneath a small drainage (Figure 1), which is the central focus of the study.

Figure 1. The upper panel shows a map of the project site with the proposed location of horizontal borehole marked as a red line (A to A’). The lower panel shows the surface terrain along the red line with no vertical exaggeration.

1.3 PROJECT SCHEDULE

The following is the tentative schedule for selection and award of the EAA's procurement:

Description Date

IFB Advertisements Sunday, May 4, 2025 through Thursday, May 15, 2025

Texas Purchasing Group Website-BidNet Monday, May 5, 2025 through Wednesday, May 28, 2025

State of Texas Electronic State Business Daily (ESBD) Monday, May 5, 2025 through Wednesday, May 28, 2025

Last Date for Questions Tuesday, May 20, 2025 3:00 p.m., Central Time

Bid Due Date Wednesday, May 28, 2025 3:00 p.m., Central Time

Estimated Contract Award Tuesday, July 8, 2025

SECTION 2

INSTRUCTION TO BIDDERS

2.1 REQUESTS FOR INFORMATION

This IFB is being issued by the EAA, San Antonio, Texas, which is the sole point of contact for purposes of information concerning this IFB. The EAA reserves the right to issue addenda, if required. All questions and inquiries regarding this bid invitation must be submitted in writing to Ms. Shelly Hendrix, Controller/Sr. Director of Finance, by the time specified in Section 1.3. No Phone Calls Please. Requests for information received prior to the deadline stated in Section 1.3 are to be responded to in writing by the EAA in the form of an addendum published on BidNet Direct (BidNet). (https://www.bidnetdirect.com/texas/edwardsaquiferauthority)

Submission of a bid shall be considered prima facie evidence that the Bidder has familiarized himself/herself with, and understands, the solicitation, its terms and general conditions, etc., under which the contract is to be awarded, administered, and performed. The EAA will not be responsible for any interpretations or misinterpretations of any oral instructions.

https://www.bidnetdirect.com/texas/edwardsaquiferauthority

2.2 SUBMISSION REQUIREMENTS

Bid responses submitted must contain, at a minimum, the following:

• Bid Sheet (Attachment A1)

• Client Reference forms (Attachments B1-B3)

• Project Subcontracting Plan (Attachment A4)

• Insurance Requirement Affidavit

Bidders may provide electronic or physical submissions of bid responses as follows:

• Electronic: The EAA partnered with the Texas Purchasing Group for receipt of electronic proposals via BidNet. Please register on BidNet to access the proposal request and to submit electronic submission documents. Please note, a paid subscription to BidNet is not required to access proposals or submit responses:

(https://www.bidnetdirect.com/texas/edwardsaquiferauthority)

Physical: Submit one (1) printed original and one (1) electronic copy on a USB thumb drive of the proposal responses, sealed with "DRILLING A HORIZONTAL ACCESS BOREHOLE" indicated on the top of the envelope, to:

Ms. Shelly Hendrix Controller/Sr. Director of Finance

BID NO. 001-25-AMS

Edwards Aquifer Authority 900 E. Quincy Street San Antonio, Texas 78215

NO FACSIMILE OR EMAIL PROPOSALS WILL BE ACCEPTED.

Upon receipt of a proposal submitted in accordance with Section 2.2, each proposal will be stamped with the date and time received and remain unopened until the proposal opening. All proposals become the property of the EAA, which will hold the contents of all proposals confidential until an award is made.

PROPOSALS MUST BE RECEIVED NO LATER THAN THE DEADLINE SPECIFIED

IN SECTION 1.3. PROPOSALS RECEIVED AFTER THE DEADLINE WILL NOT BE

ACCEPTED BY BIDNET AND WILL BE RETURNED, UNOPENED, IF PHYSICALLY

SUBMITTED. PROPOSALS RECEIVED AFTER THIS TIME WILL BE DECLARED

LATE AND NOT ELIGIBLE FOR CONSIDERATION. THE EAA IS NOT

RESPONSIBLE FOR INTERNET CONNECTIVITY, COMPUTER TIME SETTINGS,

MAIL, COURIER OR OTHER DELIVERY METHODS, IN-TRANSIT TIME OR NON-

DELIVERY. LATE DELIVERIES TO THE EAA OFFICES WILL BE UNOPENED AND

THE OFFEROR WILL BE ADVISED BY MAIL THAT HIS/HER PROPOSAL WAS

LATE, NOT ACCEPTED AND WILL BE ALLOWED TO PICK UP HIS/HER

PROPOSAL PACKAGE OR FURNISH A “CALL TAG” AND HAVE THE PACKAGE

PICKED UP BY A COURIER.

https://www.bidnetdirect.com/texas/edwardsaquiferauthority

2.3 BID FORMAT

The EAA requires that submitted bids adhere to the following general format to simplify the review process. Failure to follow the required format or to respond to each specification may result in rejection of the bid. All proposals must be submitted in accordance with Section 2.2, Submission Requirements. Failure to do so may result in rejection of the bid.

2.3.1 General Requirements

Submit three (3) client references for whom similar drilling of horizontal access borehole has been provided within the past three (3) year(s) on the form contained in Attachments B1-B3, Client Reference. Provide responses for all minimum information on the form for each reference and do not use the EAA as a reference. The Bidder agrees EAA staff may contact the references given.

2.3.2 Response to Commercial Questions

Please answer the questions indicated in Attachment A1, Bid Sheet, directly and specifically. All pricing is to be included in Attachment A1, Bid Sheet. All exceptions to any of the requirements and specifications contained in this IFB must be noted in the allotted space in Attachment A1.

Attachment A1 must be returned with the Bidder’s response. All pricing is to remain in effect for the duration of the Contract.

2.3.3 Bid Cost

Please provide an itemized list of costs. Use the form provided in Attachment A, Bid Sheet, to quote a firm, fixed price for drilling a horizontal access borehole described in this IFB.

2.4 MINORITY-OWNED AND WOMEN-OWNED BUSINESSES

The EAA strongly encourages minority and women-owned businesses (M/WBEs) to submit bids to all requests. It is EAA policy that M/WBEs have an equal opportunity to apply for, and be awarded, EAA contracts and subcontracts. It is the EAA’s good faith effort goal to award 30% of the total amount of all contracts to M/WBEs whenever possible. To assist in meeting this goal, the EAA strongly encourages Bidders to seek joint ventures and/or subcontracting opportunities with M/WBE’s when appropriate.

2.4.1 M/WBE Subcontracting Opportunities

In an effort to assist Bidders, EAA staff researched M/WBE availability and noted the total number of certified M/WBEs potentially available to perform work requested on this RFP on Attachment A3. To successfully complete the IFB, Bidders must complete a Project Subcontracting Plan (Attachment A4) which addresses subcontracting use and provides links to the sources used to identify M/WBEs in Attachment A3.

2.5 BIDS BINDING

All prices submitted shall be binding upon the successful Bidder, if accepted by the EAA, for 12 months from the date of the contract execution. Bids must set forth accurate and complete information as required by this IFB (including attachments). Negligence upon the part of the Bidder in preparing the bid confers no right of withdrawal after the time fixed for the submission of bids.

2.6 LATE BIDS, MODIFICATIONS, OR WITHDRAWALS

Bids received after the date and the time indicated will not be considered and will be returned unopened if the Bidder is identified on the envelope.

Bid responses may be withdrawn or modified in writing prior to the bid due date. Responses that are resubmitted or modified shall be sealed and resubmitted in accordance with Section 2.2, Submission Requirements, prior to the proposal opening.

2.7 BID RESPONSE COSTS

All costs for preparing the bid response are to be borne by the Bidder and may not be included in the bid price.

2.8 BID SIGNATURE

The EAA will prepare a contract for the Successful Bidder using the name exactly as it appears on the bid. Therefore, it is imperative the Bidder sign the bid response using correct and complete legal names and titles.

2.9 CONTRACT AWARD

The EAA reserves the right to accept or reject any and all bids. Unless all bids are rejected or the solicitation is cancelled, the contract is to be awarded to the Bidder whose bid best and most economically meets the requirements and criteria set forth in these specifications. No bid is to be considered binding upon the EAA until a contract has been awarded.

Contract award is to be issued to the Successful Bidder by letter. The Successful Bidder shall not begin any work on this contract until such time as a Notice to Proceed has been issued by the General Manager.

Please note, in 2015, the Texas Legislature adopted House Bill 1295, which added section

2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties (Form 1295) to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract between a governmental entity or state agency and a business entity at the time it is voted on by the governing body or at the time it binds the governmental entity or state agency, or whichever is earlier, including an amended, extended, or renewed contract, of a governmental entity or state agency that either:

1. requires an action or vote by the governing body of the entity or agency before the contract may be signed; or

2. has a value of at least $1 million, or

3. is for services that would require a person to register as a lobbyist under Chapter

305 of the government Code.

More information can be obtained at the following link:

https://www.ethics.state.tx.us/filinginfo/1295/

2.10 CONTRACT

It is expressly understood by the Bidders that written notice of award by the EAA will constitute acceptance of the bid.

2.11 CONTRACTOR SELECTION

2.11.1 Selection Process

The selection process will include the following steps:

1. Receipt of bids.

2. Review of bids submitted.

3. Evaluation of bids and ranking of Bidders - EAA staff shall review all information available from the selection process and rank the Bidders.

4. Contract Award - The EAA will award the contract to the Bidder whose bid is the most advantageous to the EAA and which will result in the most economical provision of these required goods and services to the EAA.

2.11.2 Selection Criteria

Selection will be based on the following criteria which are listed in order of importance:

1. Cost Factors (55 Points) o Total cost o Additional costs https://www.ethics.state.tx.us/filinginfo/1295/

2. Commercial Quality (25 Points) o Satisfactory response to terms and conditions o Experience with similar programs o Bid quality o Customer references and satisfaction of existing customers

3. Project Subcontracting Plan (10 points)

4. Financial Stability (10 Points) o Current financial condition

2.12 CONFIDENTIAL MATERIAL

Bid information will remain confidential until an award is made, except for the price information that is public during a bid opening. At that time, all information is public unless considered confidential by the Public Information Act, such as trade secrets and financial information.

Bidders must indicate if any of the information provided constitutes an exception to the Public Information Act. All information not labeled as confidential will be presumed to be public information.

SECTION 3

SPECIFICATIONS

3.1 BACKGROUND INFORMATION

The EAA is a political subdivision of the State of Texas. Governed by an elected board of directors, the EAA is empowered to manage, enhance, and protect the Edwards Aquifer.

The purpose of this Invitation for Bids (IFB) is to contract with a qualified drilling firm to construct a horizontal borehole that will serve as long-term access for subsurface water content monitoring using a neutron probe. This borehole will support an experimental infiltration study aimed at improving understanding of water movement through the Edwards Aquifer recharge zone.

3.2 MINIMUM SPECIFICATIONS

3.2.1 Horizontal Access Borehole for Neutron Probe Monitoring

The selected Contractor shall provide all labor, equipment, materials, and supervision to perform the following tasks:

• Drill a horizontal borehole at the designated research site located at 23844 Cibolo Vista, San Antonio, Texas 78261. The borehole shall provide long-term access for subsurface water content monitoring using a neutron probe system as part of a broader infiltration study. The Contractor shall be prepared to accommodate experimental methods and collaborate closely with EAA technical staff.

• Construct the borehole to allow passage of the downhole probe component of a 503 ELITE Hydroprobe system (https://www.instrotek.com/products/503-elite-hydroprobe) through internal casing from one end of the borehole to the other. The probe is housed in a stainless steel sleeve with an outer diameter of 2.375 inches and a length of 20 inches. While the equipment described above is provided as an example, the borehole and casing dimensions shall accommodate any equivalent probe of similar geometry.

• Borehole length shall be between 200 and 400 feet, depending on subsurface conditions, drilling rates, and overall project cost considerations.

• The borehole shall maintain a minimum depth of six (6) feet below ground surface along its full trajectory; greater depth is acceptable and preferred where practical. The borehole shall terminate in daylight at both ends.

• The smallest practical bit diameter shall be used to maximize the neutron probe’s effective sensing volume in the surrounding formation.

• Dry drilling methods (e.g., air rotary) are preferred to avoid the introduction of fluids into the subsurface. If dry drilling proves infeasible, the use of drilling fluids may be permitted upon consultation with EAA staff.

• Upon successful drilling, the Contractor shall furnish and install casing along the full length of the borehole. The casing shall:

• Have a minimum internal diameter of 2.5 inches;

• Be of the largest practical outer diameter that can be installed and maintained in alignment to facilitate effective probe deployment and centralization;

• Be composed of a non-metallic material suitable for long-term subsurface deployment, such as PVC, HDPE, or fiberglass;

• Possess sufficient mechanical integrity to resist deformation or collapse under anticipated loads; and

• Allow unobstructed passage of the neutron probe along the entire length of the casing.

• Final casing material and installation method shall be reviewed and approved by EAA technical staff prior to installation.

• To maximize the effective sensing radius of the neutron probe, the annular space surrounding the casing shall not be backfilled.

• The Contractor shall coordinate closely with EAA technical staff and provide EAA staff with access to drill cuttings throughout the drilling operation. The Contractor shall notify EAA staff when cuttings correspond to approximately every ten (10) feet of borehole advancement. EAA staff will be responsible for collecting, bagging, and labeling samples.

If drilling fluids are used, the Contractor shall take reasonable measures to allow EAA staff to obtain representative cuttings, minimizing contamination or dilution where practical.

• The Contractor shall implement appropriate site safety practices and protect adjacent areas from disturbance or damage.

Site Conditions

• The drilling site (Figure 1) is underlain by competent limestone bedrock.

• The surface is flat and accessible by standard truck-mounted drilling equipment.

• There are no known limitations on access, staging, or equipment setup at the site.

• The borehole shall traverse beneath a small drainage, which is the primary feature under investigation for infiltration.

Figure 1. The upper panel shows a map of the project site with the proposed location of horizontal borehole marked as a red line (A to A’). The lower panel shows the surface terrain along the red line with no vertical exaggeration.

3.2.2 Pricing Information

Bidders are required to submit cost proposals in accordance with the provisions of Section 2.3.3, Cost Proposal.

SECTION 4

TERMS AND CONDITIONS

4.1 STANDARD FORM OF CONTRACT

Attached is a copy of the EAA’s Standard Form of Contract stating the general terms and conditions which will be contained in any contract resulting from this IFB (see Attachment C).

Exhibit A, Scope of Work, of the contract form attached is for informational purposes only.

Exhibit A is not to be completed at this time. It will be completed upon award of contract. Bidders, by virtue of submitting a bid, acknowledge, understand, and agree to these terms and conditions, unless such is indicated on the Bid Sheet.

The EAA’s Code of Ethics is attached for your reference only (see Attachment D). No action is necessary.

4.2 LAWS AND REGULATIONS

The EAA requires that all responses to this bid invitation, and any contract that may result, be in accordance with the laws and regulations of the State of Texas. Furthermore, the Awarded Contractor must adhere to all Occupational Safety and Health Administration standards as applicable to the contracted work.

4.3 BID ACCEPTANCE PERIOD

All prices and conditions of the bid shall remain in effect for ninety (90) days after the date set for the bid opening. Bids offering less than ninety (90) calendar days for acceptance by the EAA from the bid due date will be considered nonresponsive and will be rejected.

4.4 TIME OF COMPLETION

The Awarded Contractor shall take all necessary and appropriate actions to complete the project in accordance with the ongoing schedule incorporated in the resulting contract.

4.5 INSURANCE REQUIREMENTS

4.5.1 Worker's Compensation Insurance

The Contractor shall procure and shall maintain during the life of the contract, Worker’s Compensation and Employer’s Liability Insurance as required by applicable State law for all of his/her employees to be engaged in work at the site of the project under the contract and, in case of any such work sublet, the Contractor shall require the subcontractor(s) similarly to provide Worker’s Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor’s Worker's Compensation and Employer’s Liability Insurance. In case any class of employees engaged in hazardous work on the project under the contract is not protected under the worker’s compensation statutes, the Contractor shall provide and shall cause each subcontractor to provide adequate Employer’s Liability Insurance in the amount of $500,000 for the protection of such of his/her employees as are not otherwise protected.

4.5.2 Contractor’s (Commercial General) Public Liability and Property Damage Insurance and Vehicle Liability Insurance

The Awarded Contractor shall procure and shall maintain during the life of the contract Commercial General Liability (Bodily Injury and Property Damage) Insurance and Automobile (Vehicle) Liability Insurance coverage as specified below. The General Liability Policy shall also include products and Completed Operations Insurance in the same limits as the General Liability coverage as well as an endorsement providing Broad Form Contractual Liability coverage:

INSURANCE COVERAGE

a. Worker’s Compensation Statutory and

b. Employer’s Liability $100,000/500,000/100,000

Commercial General (Public) Liability insurance including coverages for the following:

a. Premises operations

b. Independent contractors

c. Products/completed operations

d. Personal injury

e. Advertising injury

f. Contractual liability

g. Medical payments

h. Underground hazard

i. Explosion and collapse hazard

k. Fire legal liability (Delete if not renting to others)

a. Each Occurrence: $1,000,000 and

b. General Aggregate: $2,000,000

Comprehensive Automobile Liability Insurance, including coverage for loading and unloading hazards, for:

a. Owned/Leased vehicles

b. Non-owned vehicles

c. Hired vehicles

Combined single limit for bodily injury and property damage of $500,000 per occurrence or its equivalent.

4.5.3 Subcontractor’s Public Liability and Property Damage Insurance and Vehicle Liability Insurance

The Contractor shall either (1) require each subcontractor to procure and to maintain during the life of his/her subcontract, Subcontractor’s Public Liability and Property Damage Insurance, and Vehicle Liability Insurance of the type and in the amounts specified or, (2) insure the activities in his/her policy as specified.

4.5.4 Additional Insureds

The Contractor shall provide in the Liability Policies of Insurance the EAA as additional insured as it relates to this contract.

4.5.5 Scope of Insurance and Special Hazards

Insurance required under the above sections shall provide adequate protection for the Contractor and his/her subcontractors, respectively, against damage claims which may arise from operations under the contract, whether such operations be by the insured or by anyone directly or indirectly employed by him/her, and also against any of the special hazards which may be encountered in the performance of the contract, including explosions, collapse and underground hazards.

4.5.6 Proof of Insurance Coverage

The Contractor shall furnish the EAA with insurance certificates for him/her and his/her subcontractors showing the type, coverage, limits of liability, class of operations covered, effective dates, date of expiration of policies and name of insurance companies prior to beginning any work.

The attached Insurance Requirement Affidavit is required to be submitted along with the Bid. The Contractor must furnish the EAA with 30 days written notice by either certified mail or personal delivery should any of the above described policies change that materially affect the coverage or be cancelled prior to the expiration date. All notices shall be mailed, or emailed, to:

Ms. Shelly Hendrix Controller/Sr. Director of Finance Edwards Aquifer Authority 900 E. Quincy Street San Antonio, TX 78215 contracting@edwardsaquifer.org

Strike the following language as indicated on the cancellation section of the certificate of insurance: “SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED

BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30

DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.

INSURANCE REQUIREMENT AFFIDAVIT

To Be Completed By Appropriate Insurance Agent/Broker

I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Contractor. If the below identified Contractor is awarded this contract by the Edwards Aquifer Authority, I will be able to, within fifteen (15) days after being notified of such award, furnish a valid insurance certificate to the EAA meeting all of the requirements defined in this invitation for bids.

Agent (Signature) Agent (Print)

Name of Agent/Broker: ________________________________________________

Address of Agent/Broker: ______________________________________________

City/State/Zip: _______________________________________________________

Agent/Broker Telephone #: ( ) ________________________________________

Date: _______________________________________________________________

CONTRACTOR’S NAME: _____________________________________________

(Print or Type)

NOTE TO AGENT/BROKER

If this time requirement is not met, the EAA has the right to reject this bid and award the contract to another. If you have any questions concerning these requirements, please contact Ms. Shelly Hendrix at (210) 222-2204 or contracting@edwardsaquifer.org.

A1-1

ATTACHMENT A1

EDWARDS AQUIFER AUTHORITY

BID SHEET

DRILLING A HORIZONTAL ACCESS BOREHOLE

Bidder/Vendor Name: __________________________________________________

Please submit with Attachment A1 in accordance with one of the methods noted in Section 2.2 of this proposal document.

Description Unit Estimated Quantity

Unit Price ($)

Extended Price ($)

Mobilization / Demobilization Lump Sum 1

Dry Drilling (up to refusal) Per foot 200–400 ft

Casing Material Supply Per foot 200–400 ft

Casing Installation Per foot 200–400 ft

Use of Drilling Fluids (if approved)

Lump Sum or Hourly

If needed

Other Costs (list in detail, if applicable) 1_______________________ 2_______________________ 3_______________________ 4_______________________ 5_______________________

Shipping/Delivery (if applicable)

TOTAL* $

*Do not include sales tax in your bid price. If any other type of tax is added, please give full description of tax type.

A1-2

The following exceptions to the Specifications are noted:

How did you find out about this Invitation for Bid?

(Newspaper, Texas Purchasing Website, State of Texas ESBD, Direct Notice, EAA Website or Other (Please Specify)).

Please mark one of the following:

__________ I agree with the terms and conditions of the contract form as contained in Attachment C to the bid specifications.

__________ I do not agree with the terms and conditions of the attached contract form as contained in Attachment C to the bid specifications.

I would like to take exception to the following contract provisions and am proposing alternative contract language as follows:

The undersigned certifies that he/she is authorized to submit this bid on behalf of the Bidder named below and that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other Bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid.

Bids offering less than 90 calendar days for acceptance by the EAA from the bid due date will be considered nonresponsive and will be rejected.

Signed: _____________________________________________________________________ Name

Printed Name

A1-3

Title

Company

Address

Telephone No. Email Address

THE EAA WILL NOT BE LIABLE FOR ANY COSTS THAT WERE NOT CLEARLY

STATED ON THE BID SHEET.

A3-1

ATTACHMENT A3

EDWARDS AQUIFER AUTHORITY

DRILLING A HORIZONTAL ACCESS BOREHOLE

Line Item NIGP and Item Code Total number of certified MWBEs potentially available to perform work Source: SCTRCA and State of Texas Centralized Master Bidders List (CMBL) HUB Directory

1. Drilling and Boring Equipment, Horizontal Directional (HDD and

HDB)

545-32 6

2. Boring, Drilling, Testing, and Soundings Services, Including Concrete

912-16 106

3. Drilling and Boring Services, Horizontal Directional (HDD and

HDB)

912-42 53

4.

5.

ATTACHMENT A4

Bidder Name: BID No.:

A4-1

PROJECT SUBCONTRACTING PLAN

The EAA reviews any proposed contract with an estimated value of $50,000 or more to determine if subcontract opportunities are probable prior to the EAA’s solicitation of bids, proposals, offers or other applicable expressions of interests. Completion of this Project Subcontracting Plan and all applicable sections are required in order to be deemed responsive.

SECTION – 1

BACKGROUND

a. Offeror Phone:

b. Contractor

Representative Email:

c. RFP Number

d. Business Certification

Type ___MBE ___WBE ____Joint Venture ____Non-

M/WBE

e. Will portions of work be subcontracted?

__Yes (complete Section 2)

__No (complete Section 3)

f. Will subcontract opportunities be provided to M/WBEs?

__Yes (complete Section 2)

__No (complete Section 4)

SECTION – 2

SUBCONTRACTOR PARTICIPATION DECLARATION

Contingent upon award of the project stated above, _________________________________ [Offeror] commits to award subcontracts or purchase orders to the following vendors. LIST ALL SUBCONTRACTORS (if the vendor is a joint venture, provide the ownership interest of any M/WBE participation).

Subcontractor Cert.

Type

Cert.

Agency

Gender M/F

Ethnicity

Scope of Work

Subcontract Amount

% of Contract

*Minority-MO Woman-WO Non-M/WBE-NonMW ** S. Central TX Regional Certification Agency (SCTRCA), Historically Underutilized Business (HUB), Other ***African American-AA Native American-AI Asian American-AS Hispanic American-HI

Total Dollar value of subcontract work ÷ total dollar value of contract = _____% subcontracted

Total Dollar value of M/WBE subcontract work ÷ total dollar value of contract = _____% to M/WBEs

A4-2

SECTION – 3

SELF PERFORMANCE JUSTIFICATION

Complete this section if you responded “No” to SECTION 1, Item e.

a. Please explain HOW (or list the specific page(s)/sections of your proposal which explains how) your company will perform the entire contract with its own equipment, supplies, materials, and/or employees.

b. Please explain WHY your company will not subcontract any of the line items identified on the PROBABLE SUBCONTRACTING OPPORTUNITIES form in this solicitation.

Line Item (Address each line item from

PROBABLE SUBCONTRACTING

OPPORTUNITIES form)

Reason not subcontracted

1.

2.

3.

4.

5.

6.

7.

8.

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SECTION – 4

GOOD FAITH EFFORTS

This section must be completed if you responded “No” to SECTION 1, Item F along with any documentation to detail your efforts to include M/WBEs in subcontracting opportunities.

Good faith efforts require that the Offeror demonstrate that it took all necessary and reasonable steps to notify M/WBEs of subcontracting opportunities by their scope, intensity, and appropriateness to assist the EAA in meeting its cumulative M/WBE goal.

The EAA has the responsibility to make a fair and reasonable judgment whether an offeror made adequate good faith efforts. Consideration to the quality, quantity, and intensity of the different kinds of efforts the Offeror has made will be evaluated for the best value for the EAA.

a. List the directory sources used to find M/WBEs for subcontracting opportunities.

Directory Hyperlink Was a Source Utilized?

South Central Texas Regional Certification Agency https://sctrca.sctrca.org/Fr ontEnd/VendorSearchPub lic.asp?TN=sctrca&XID=

Yes

No

State of Texas Centralized Master Bidders List (CMBL) HUB Directory https://mycpa.cpa.state.tx.

us/tpasscmblsearch/index.

jsp

Other:

Other:

b. List trade or professional organizations contacted for M/WBE outreach assistance.

A listing of Minority Trade Organizations can be found at:

http://www.edwardsaquifer.org/about/eaa/doing-business-with-the-eaa

Trade Organizations or Development Centers Date Notice sent (mm/dd/yyyy)

Was the Notice Accepted?

https://sctrca.sctrca.org/FrontEnd/VendorSearchPublic.asp?TN=sctrca&XID=6433 https://sctrca.sctrca.org/FrontEnd/VendorSearchPublic.asp?TN=sctrca&XID=6433 https://sctrca.sctrca.org/FrontEnd/VendorSearchPublic.asp?TN=sctrca&XID=6433 https://sctrca.sctrca.org/FrontEnd/VendorSearchPublic.asp?TN=sctrca&XID=6433 https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp http://www.edwardsaquifer.org/about/eaa/doing-business-with-the-eaa

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c. List M/WBEs you contacted to let them know about subcontracting opportunities on this project.

Company Name Date Notice sent

(mm/dd/yyyy)

M/WBE

Responded?

M/WBE

Selected?

d. Provide a brief reason why each responsive M/WBE in SECTION 4, item C above was not selected as a subcontractor on this project.

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SECTION – 5

AFFIRMATION

As evidenced by my signature below, I affirm that I am an authorized representative of the respondent listed in SECTION 1, and that the information and supporting documentation submitted with the PROJECT SUBCONTRACTING PLAN is true and correct. Respondent understands and agrees that, if awarded any portion of the contract:

The respondent must submit monthly Subcontractor Utilization Reports to the EAA (or its designated contracting agency), which includes the use of and expenditures made to its subcontractors (both M/WBEs and Non-M/WBEs).

The respondent must seek approval from the EAA prior to making any modifications to its PROJECT SUBCONTRACTING PLAN, including the hiring of additional or different subcontractor and the termination of a subcontractor the respondent identified in its

PROJECT SUBCONTRACTING PLAN.

Signature Printed Name

Title Date

B-1

ATTACHMENT B1

CLIENT REFERENCE

For each reference, complete the following information:

Client Name: ___________________________________________________

Client Contact Name: ____________________________________________

Position: ______________________________________________________

Client Address: _________________________________________________

Client Telephone Number(s): ______________________________________

Date Contract Began: ____________________________________________

Description of Services: __________________________________________

Cost: _________________________________________________________

B-2

ATTACHMENT B2

Client Contact Name: ____________________________________________

Position: ______________________________________________________

Client Address: _________________________________________________

Client Telephone Number(s): ______________________________________

Date Contract Began: ____________________________________________

Description of Services: __________________________________________

B-3

ATTACHMENT B3

Client Contact Name: ____________________________________________

Position: ______________________________________________________

Client Address: _________________________________________________

Client Telephone Number(s): ______________________________________

Date Contract Began: ____________________________________________

Description of Services: __________________________________________

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ATTACHMENT C

FOR INFORMATIONAL PURPOSES ONLY

CONTRACT NO. XXX-XX-XXX

BETWEEN THE

EDWARDS AQUIFER AUTHORITY

AND

[Insert the CONTRACTOR’S NAME] FOR [Insert the NAME OF THE PROJECT]

This Contract is made and entered into by and between the EDWARDS AQUIFER

AUTHORITY (EAA), a political subdivision of the State of Texas, with its principal place of business located at 900 E. Quincy Street, San Antonio, Texas 78215, and [Insert the CONTRACTOR’S NAME] (Contractor), a [Insert the nature of the Contractor] with its principal place of business located at [Insert Contractor’s physical business address]. Each of these entities is, at times, referred to in this Contract individually as a "Party," and both are referred to collectively as "Parties."

RECITALS

WHEREAS, the EAA was created by the Edwards Aquifer Authority Act, Act of May 30, 1993, 73rd Leg., R.S., ch. 626, 1993 Tex. Gen. Laws 2350, as amended (Act); and

WHEREAS, under Section 1.02 of the Act, the EAA is a conservation and reclamation district created by virtue of Article XVI, Section 59, Texas Constitution, and is a governmental agency and body politic and corporate vested with the full authority to exercise the powers and to perform the functions specified in the Act, and other applicable law; and

WHEREAS, under Section 1.08(a) of the Act, the EAA has all the powers, rights and privileges necessary to manage, conserve, preserve, and protect the Edwards Aquifer (Aquifer) and to increase the recharge of, and prevent the waste or pollution of water in, the Aquifer; and

WHEREAS, under Section 1.11(d)(2) of the Act, the EAA may enter into contracts; and

WHEREAS, the EAA Board of Directors (Board) approved this Contract on [Insert date], and authorized the EAA General Manager to execute the Contract; and

WHEREAS, [Insert basic description of the transaction]; and

WHEREAS, it is in the public interest that the EAA enter into this Contract.

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AGREEMENT

NOW THEREFORE, for and in consideration of the mutual promises and agreements set forth in this Contract, the sufficiency of which is hereby acknowledged, the EAA and the Contractor agree as follows:

ARTICLE I – TERM; DESCRIPTION OF WORK

Section 1.1. Term. This Contract is effective and commences on [Insert date] (Effective Date) and terminates on [Insert date] (Expiration Date).

Section 1.2. Services. Subject to the terms and conditions of this Contract, the EAA engages the Contractor to perform, for the benefit of the EAA, the work set forth and described in this Contract and in the following documents (Services) : (1) the Scope of Work which is attached hereto as Exhibit A; (2) the Task Budget which is attached hereto as Exhibit B; (3) the Labor Categories, Rates & Personnel Chart which is attached hereto as Exhibit C; and (4) [Add other Exhibits as needed]. The Contractor accepts such engagement and agrees to devote its best efforts and abilities, and furnish all necessary labor, machinery, equipment, tools, and transportation necessary in furtherance thereof.

Section 1.3. Commencement and Completion of Services. The Contractor will commence performing the Services immediately upon the date of receipt of the written notice to proceed issued by the EAA’s General Manager. All Services will be completed and delivered to the EAA by the Expiration Date and shall be completed in compliance with the schedules, budgets, descriptions and specifications contained herein and in the Exhibits attached hereto. It shall be the Contractor’s responsibility to ensure that the completion times for the Services are met. [[Add if applicable: “At the sole option of the EAA, this Contract may be renewed and extended for up to [Insert number] periods of one additional year each, with such election made by the EAA giving the Contractor written notice to renew and extend this Contract prior to the end of the then Contract period.”]] Time is of the essence in the performance of this Contract.

ARTICLE II – AMENDMENTS

Section 2.1. This Contract may be amended only by written agreement of the Parties.

Section 2.2. Amendments by the General Manager. The Board delegates the authority to the General Manager to enter into amendments to this Contract without further authorization by the Board consistent with the General Manager’s authority to enter into contracts under Section

5.01 of the EAA’s Bylaws.

ARTICLE III – COMPENSATION

Section 3.1. Fees and Expenses. The EAA agrees to pay the Contractor for the Services rendered in accordance with the Scope of Work, Task Budget, and Labor Categories, Rates & Personnel Chart, but in no event shall payments to the Contractor exceed $_______________. The Contractor may not exceed this amount and will be responsible for the payment of all of its other

C3 additional costs and expenses. The Contractor is not authorized to expend any additional funds in excess of this amount without the prior written approval from the EAA. The EAA will not be held accountable for any unauthorized work performed or funds expended by the Contractor in providing the Services.

Section 3.2. Payment. All “invoice packets” from the Contractor to the EAA for the Services for each previous month’s activities shall be sent no later than the 15th day of each month beginning [insert date] ___________, and shall provide an itemization of the Services rendered, costs and expenses incurred during the billing cycle. Documentation in the invoice packet must be sufficiently itemized and detailed and include invoices and/or receipts for all purchases and expenses (summary credit card charge receipts are not acceptable) which allows the EAA to clearly discern purchases made. Purchases and expenses documented with lost receipt forms are not eligible for reimbursement. Receipts without purchase details or that are not legible are not acceptable at any time. Alcohol purchases will NOT be reimbursed under any circumstances.

Mileage will be reimbursed at the current IRS approved rate, if submitted. [For EAHCP contracts or other contracts as appropriate: Each invoice packet shall contain, at a minimum a progress report containing: (1) a description of the work completed in each task in the Scope of Work during the billing cycle, (2) a monthly update of the work schedule as it relates to achievement of the deliverables, (3) an estimate of the percent completion of each task in the Scope of Work, and (4) a discussion of any issues or problems that may result in a change in the deliverable due date; and a certified invoice summary sheet.] The monthly invoice packet will be submitted electronically in Adobe Acrobat (pdf) format via email to the [insert EAA title]_________ at [insert email address]___________ and accounting@edwardsaquifer.org. If the Contractor utilizes subcontractors (see Article V), the Contractor shall submit a Subcontractor Utilization Report with each invoice submitted to the EAA for payment. The terms of each invoice shall be net thirty (30) days upon EAA receipt and approval of that invoice.

ARTICLE IV – INDEPENDENT CONTRACTOR

Section 4.1. No Employment Relationship. The Parties understand and agree that this Contract does not create a fiduciary relationship between them, that they are separate entities, that the Contractor is an independent contractor with respect to the performance of the Services and is not subject to the direct or continuous control or supervision of the EAA, and that nothing in this Contract is intended to make either Party a subsidiary, joint venturer, partner, employee, agent, servant or representative of the other Party for any purpose whatsoever. The Contractor shall provide any and all equipment, materials and personnel necessary for the performance of the Services. The EAA shall have no right of direction or control of the Contractor, or its employees, agents, or subcontractors, except in the results to be obtained, and in a general right to order the performance of the Services to start or stop as agreed to herein, to inspect the progress of the Services, and to receive reports. The Contractor shall accommodate reasonable requests from the EAA to allow EAA employees, agents or representatives to accompany and observe Contractor personnel, agents, and subcontractors in carrying out the Services.

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ARTICLE V – CONTRACTOR PERSONNEL AND SUBCONTRACTORS

Section 5.1. Personnel. The Contractor will provide any and all personnel necessary for its performance of the Services. The Contractor will be responsible for its employees and agents in all respects, including, without limitation, their compliance with applicable laws and their safety, including without limitation, all Occupational Safety and Health Administration (OSHA) standards, requirements, and regulations. The Contractor indemnifies and holds harmless the EAA, and its directors, officers, employees, and agents, from and against any claims brought by any employee, subcontractor or other agent of the Contractor relating in any way to the Services.

Section 5.2. Subcontractors. In performing the Services, the Contractor may retain and utilize as its subcontractors, those individuals identified to and approved in writing by the EAA. The EAA, in consultation with the Contractor, shall have the right to terminate, limit, or alter, at any time, the participation of any approved subcontractor utilized by the Contractor. No additional subcontractors may be retained by the Contractor to perform any Services without the prior written consent of the EAA. The Contractor will be responsible for its subcontractors in all respects including their compliance with applicable laws and their safety, including without limitation, all OSHA standards, requirements, and regulations.

APPROVED SUBCONSTRACTOR(S):

Subcontracting services may be provided by:

• [insert name of subcontractor(s) or “if none”, delete this section]

ARTICLE VI – TERMINATION

Section 6.1. Termination. The EAA may terminate this Contract at any time, including at the expiration of each budget or payment period during the term of this Contract, with or without cause, upon ten (10) days’ prior written notice to the Contractor. Upon receipt of such termination notice, the Contractor shall immediately stop all work in progress, including all work performed by its employees, agents, or subcontractors. Insofar as possible, all work in progress will be brought to a logical termination point. Within thirty (30) days of the final invoice following termination, the EAA shall pay the Contractor all moneys then due and owing for the Services rendered, costs and expenses reasonably incurred up to the time of termination.

ARTICLE VII – OWNERSHIP OF MATERIALS

Section 7.1. Ownership. All information, documents, property, or materials produced, created, or supplied under this Contract by the Contractor, its employees, agents, or subcontractors or anyone else, and whether finished or unfinished or in draft or final form, will be the property of the EAA. The EAA shall have unlimited rights to technical and other data resulting directly from the performance of the Services.

Section 7.2. Delivery of Documents upon Termination. Upon expiration or termination of this Contract under Sections 1.1 or 6.1, the Contractor will promptly deliver to the EAA all information, documents, property and materials not already in the possession of the EAA.

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Section 7.3. Nondisclosure of Documents. The information, documents, property, or materials produced, created or supplied under this Contract by the Contractor, including preliminary technical reports and studies, shall not be disclosed by the Contractor to any third-party without the prior written consent of the EAA. The Contractor shall immediately advise the EAA of any requests for any such information, document, property, or materials by a third-party.

The unauthorized disclosure of such information, documents, property, or materials in violation of this section shall, in the sole judgment of the EAA, constitute a breach of this Contract and shall be subject to all applicable remedies at law or equity.

Section 7.4. Record Copies. The Contractor shall retain a record copy of all information, documents, property, or materials developed in the course of performing the Services.