Addendum 1 Webster 002.pdf

COMMONWEALTH OF KENTUCKY

DEPARTMENT FOR FACILITIES AND SUPPORT SERVICES

DIVISION OF ENGINEERING AND CONTRACT ADMINISTRATION

REQUEST FOR PROPOSAL: RFP-90-23

FOR: KASTOW – WEBSTER COUNTY #002

Energy & Environment Cabinet Division of Oil and Gas

DATE: September 13, 2022

ADDENDUM NO. One (1)

BIDDER SHALL CONFORM TO THE FOLLOWING CHANGES AS SAME SHALL BECOME BINDING

UPON THE CONTRACT TO BE ISSUED IN RESPONSE TO THIS INVITATION TO BID.

Item 1: Attached to this addendum is Addendum Attachment A that lists all of the questions and answers from the first and second round of Request for Proposals that SHALL apply to this project.

Item 2: Attached to this addendum is a REVISED scoring matrix that will be used for this project.

Item 3: Attached to this addendum is a REVISED Attachment P; use this REVISED Attachment P in lieu of previously issued.

Item 4: Attached to this addendum is a REVISED Attachment Q; use this REVISED Attachment Q in lieu of previously issued.

END OF ADDENDUM

REQUEST FOR PROPOSAL: RFP-90-23

For: KASTOW – WEBSTER COUNTY #002

Energy & Environment Cabinet Division of Oil and Gas

Kristi Sharp, Strategic Procurement Branch Manager Division of Engineering and Contract Administration

KASTOW

RFP's

Kentucky Energy and Environment Cabinet Addendum No. 1

QUESTION: RESPONSE:

1. The RFP requests the contractor to submit a site Work Plan. However, the state has already provided a Plugging Plan for each well package.

Can you clarify what the state is looking for in a Work Plan that would differ from the Plugging Plan provided?

The work plan should outline all proposed components required to accomplish full and timely completion of the RFP Project Package. This will include proposed work schedule (from award date); project staffing by job duty;

number of crews; crew task structure (e.g. same crew from start to finish, multiple crews working simultaneously, or plugging crew followed by reclamation crew, etc.); supply chain assurance and sourcing for key materials; equipment mobilization plan; project base staging area; cement batch plant plan if proposed; meter resources per crew for TENORM and gas detection; and spillage prevention plan.

The Work Plan should explain cement displacement method and equipment used (pumping-Triplex, batch mixer or trash pump) and be consistent with the generic plugging plan. The site remediation portion should also be consistent with Scope of Work.

2. The bid package does not contain a place for bidders to provide a per ton price for disposal of oil waste. The amount of oil waste water/soil is unknown and may vary greatly from well to well. Can bidders provide a per ton bid price for this disposal instead of including it in the lump sum bid price for each well?

The disposal of oil waste water/soil must be included in your lump sum bid price.

3. A “Recommended Revegetation” list is provided. Are these only recommendations and it is up to the property owner to make the final decision on what grasses/vegetation is reseeded? If not the property owner’s decision, who makes the final decision?

As long as a viable permanent vegetation is established, the Division will generally defer to land owners recommendations IF they state a preference. In crop areas, the landowner may direct vegetation mixtures to accommodate a crop usage in consultation with DOG inspector. If no landowner preference is stated, the contractor may specify revegetation selection.

Kentucky Energy and Environment Cabinet Addendum No. 1

QUESTION: RESPONSE:

4. The "Agreement Between Owner and Contractor" article #7 states that final payment is contingent upon receipt of "As Built" drawings from the Contractor. Can you clarify if this will be required on each well and provide details of what should be submitted to meet this requirement?

Delete the sentence “Further, final payment is contingent upon receipt of "As-Built" drawings from the Contractor.”

There are no “As-Built” drawing requirements; submit required plugging affidavit with invoice.

5. In the RFP Section 60.6, subsection C, it states that the Kentucky Tax Registration Application Form 10A100 must be completed. Please confirm that this does not need to be completed and a copy submitted with the RFP if our company is already registered with the Kentucky Department of Revenue and this form has been completed in the past.

If the form has been completed in the past, submit a copy of the form.

6. The General Requirements in Attachment I state that contracts will be awarded based upon "Corporate Group Qualifications" which then asks for a listing of wells plugged for the oil and gas industry. Can a contractor submit past experience and a listing of wells plugged for a Federal Agency in lieu of this?

Yes, either is acceptable.

7. Attachment I states that sites must exhibit a permanent vegetative cover with effective drainage for one year before sites will receive final acceptance and payment. Is the final payment amount withheld the 5% retainage amount or is it a different figure that is withheld for one year?

It will be the final 5% retainage.

8. Will the state coordinate and resolve any site access issues with landowners?

Yes, the DOG inspector will work to resolve issues with contractor support.

9. If the contractor is awarded a well and site access issues arise with the property owner, will the state provide an alternate well on a different property for the contract to plug?

No, the well will be deleted from the package and the contractor will not be responsible for the deleted well.

10. The General Conditions provided are for Construction Services and are not directly applicable to the Scope of Services requested in Attachment I.

Therefore, would the Commonwealth consider replacing these General Conditions with terms that are more appropriate for the requested environmental services?

Not at this time.

Kentucky Energy and Environment Cabinet Addendum No. 1

QUESTION: RESPONSE:

11. On page 1 of the General Conditions, the Commonwealth references that “The Special and Supplemental Conditions contained in the Contract Documents…” Then, in 1.11 Damages for untimely performance discusses defining “liquidated damages” in the Special Conditions. Can the Commonwealth please define the potential liquidated damages caused by delays in performing the scope of services presented in Attachment I?

This section should have been included in the original RFP, and shall be incorporated now therein:

40.33 Liquidated Damages / Damages from Untimely

Performance

In accordance with Article ’19.7 of the General Conditions, the Contractor shall pay the Owner the following identified amount for each and every calendar day of unexcused delay in achieving Final Completion beyond the date set for below for each:

Substantial Completion Liquidated Damages are not required on this project. (See Article ’19.4 of the General Conditions and Article ’11 of these Special Conditions for requirements for Substantial Completion).

Final Completion Liquidated Damages are $200/calendar day for each day beyond the established Date of Final Completion until the Actual Date of Final Completion is achieved. (See Article ’19.5 of the General Conditions and Article ’11 of these Special Conditions for requirements for Final Completion).

12. Additionally in the Special Conditions Section, can the Commonwealth please define what the requested 1 year warranty includes with regard to the specifically requested scope of services included in Attachment I?

The 1-year warranty applies to well closure and establishment of permanent vegetation. The 5% retainage will be held until site reclamation and vegetation is reviewed and approved by DOG personnel in one year.

Kentucky Energy and Environment Cabinet Addendum No. 1

QUESTION: RESPONSE:

13. Most subsections of Section 3 (The Architect, Engineer, Consultant

(A E)) of the current General Terms are not applicable to the environmental scope of services requested, therefore would the Commonwealth please revise, delete non applicable sections and clarify to make more applicable to the requested scope of services and allow for more appropriate cost estimation?

Not at this time. Any reference to “Architect” shall read “Agency”.

14. Section 4 (Construction Schedule) of the current General Terms is not applicable to the environmental scope of services requested, therefore would the Commonwealth consider removing this section? If not, then could the Commonwealth please revise and clarify to make more applicable to the requested scope of services and allow for more appropriate cost estimation?

Section 4 of the General Conditions does not apply to these projects, however there will be a required Work Plan that will include a schedule.

15. Section 5 (Shop Drawing; Submittal) of the current General Terms is not applicable to the environmental scope of services requested, therefore would the Commonwealth consider removing this section? If not, then could the Commonwealth please revise and clarify to make more applicable to the requested scope of services and allow for more appropriate cost estimation.

Section 5 of the General Conditions does not apply.

16. If the Commonwealth requires Photographic Documentation (Section 5.3), can they please revise the number of photographs required? A minimum of 20 pre construction photographs, 10 daily photographs, and 20 completion photographs for each well location seems to be excessive and would increase costs to complete and submit.

Section 5.3 of General Conditions does not apply. Photos will be taken by the DOG inspector as needed.

Kentucky Energy and Environment Cabinet Addendum No. 1

QUESTION: RESPONSE:

17. Section 6 (Documents and Samples at the Site) of the current General

Terms is not applicable to the environmental scope of services requested, therefore would the Commonwealth consider removing this section? If not, then could the Commonwealth please revise and clarify to make more applicable to the requested scope of services and allow for more appropriate cost estimation.

Section 6 of the General Conditions does not apply.

18. Most subsections of Section 8 (Supervision and Construction Procedures) of the current General Terms are not applicable to the environmental scope of services requested, therefore would the Commonwealth please revise, delete non applicable sections and clarify to make more applicable to the requested scope of services and allow for more appropriate cost estimation?

Sections 8.5.1, 8.5.2, 8.9, 8.10, 8.11 of General Conditions do not apply.

19. Most subsections of Section 9 (Labor, Material, and General Contractor Warranty) of the current General Terms are not applicable to the environmental scope of services requested, therefore would the Commonwealth please revise, delete non applicable sections and clarify to make more applicable to the requested scope of services and allow for more appropriate cost estimation?

Section 9 of the General Conditions will remain as is.

20. Most subsections of Section 10 (Surveys, Permits, Fees, Notices, and Tests) of the current General Terms are not applicable to the environmental scope of services requested, therefore would the Commonwealth please revise, delete non applicable sections and clarify to make more applicable to the requested scope of services and allow for more appropriate cost estimation?

Sections 10.1 and 10.1.1 do not apply. The remainder of Section 10 will continue to apply.

Kentucky Energy and Environment Cabinet Addendum No. 1

QUESTION: RESPONSE:

21. Subsection 10.1 Owner Furnished Surveys – states that the owner shall furnish what ever surveys are specifically required by the Contract Documents. The contract by reference, requires contractors to adhere to DOI requirements. The DOI identifies the following Requirements for Compliance related to Environmental Projects (DOI Section VI):

a. National Environmental Policy Act

b. Clean Air and Clean Water Acts

c. Flood Disaster Protection Act

d. Endangered Species Act

e. Coastal Zone Management Act

f. Coastal Barriers Resource Act

g. Wild and Scenic Rivers Act

h. Safe Drinking Water Act

i. Resource Conservation and Recovery Act

j. Comprehensive Environmental Response, Compensation and Liability Act

k. Executive Order Establishing a Minimum Wage for Contractors Will the Commonwealth be providing surveys, assessments, and other appropriate documentation to the Contractor that address all of these requirements? If not, does the Commonwealth expect the Contractor to complete all these services for each well location and should be included in our per well cost estimate? Also, will any delays caused by completion of these requirements be considered an excusable delay by the Commonwealth?

DOI has indicated that the National Environmental Policy Act will not apply to contracts under the Initial State Grants, because of the time limitations imposed by the statute.

They have not provided any guidance regarding the other referenced Acts.

Kentucky Energy and Environment Cabinet Addendum No. 1

QUESTION: RESPONSE:

22. The contract by reference, requires contractors to adhere to DOI requirements. The DOI identifies the following Requirements for Compliance related to Construction Projects (DOI Section VII):

a. Davis Bacon Act

b. Contract Work Hours Safety Standards Acts

c. National Historic Preservation Act

d. Architectural Barriers Act

e. The Uniform Relocation Assistance and Real Property Acquisition Policies of 1970

f. Energy Conservation and Production Act

g. Executive Order – Buy American and Hire American

Will the Commonwealth be providing appropriate documentation to the Contractor that address all of these requirements? If not, does the Commonwealth expect the Contractor to complete all these services for each well location and should be included in our per well cost estimate?

Also, will any delays caused by completion of these requirements be considered an excusable delay by the Commonwealth?

No additional documentation will be provided. The Commonwealth expects contractors to comply with DOI requirements. Requests for time extension will be handled on a case-by-case basis.

23. Subsection 10.1.1 Prior to start of Construction, the Owner will furnish all land and rights of way… Does this subsection indicate that the Commonwealth has or will secure access agreements with all the property owners for the purposes of the scope of services requested?

a. If yes, can the Commonwealth provide copies of agreements to contractors?

b. If no, will securing access agreements be the responsibility of the Contractor?

c. If no, will delays in securing access agreements with landowners be considered an excusable delay by the Commonwealth?

Section 10.1.1 does not apply. The Commonwealth will obtain verbal agreements from landowners to secure access to the well sites. If well access cannot be timely achieved, the Division may elect to delete the well from that package.

Kentucky Energy and Environment Cabinet Addendum No. 1

QUESTION: RESPONSE:

24. Subsection 10.2 Permits lists permit types that are not applicable to the scope of services provided in Attachment I, therefore can the Commonwealth confirm that it is the responsibility of the selected contractor to apply for and receive permits necessary to complete the well abandonment? For example, 404 and other permits from the United States Army Corp of Engineers to build access roads across or near waters of the United States. Additionally, any permits associated with the DOI requirements as well.

a. Please confirm that the Commonwealth will reimburse the contractor for preparation of these permits and coordination with the agencies?

b. Per Section 10.5, please confirm that any delays caused by governmental agencies in approving permits is an excusable delay?

If any permits are required, the Contractor shall be responsible to obtain same and should include that cost in their proposal.

25. Subsection 10.6 Payment for Tests Can the Commonwealth please provide specific details with regard to the testing requirements and inspection requirements for completion of this scope of work?

The Division does not require any quality testing for plugging of orphan wells as referenced in Section 10.6.

However, there may be other operational or safety testing requirements not quality related, e.g. TENORM, gas testing, etc. based upon site specific conditions.

26. Sub Section 11.2 – Safety of Persons and Property – This section states “Owner’s” property. Please clarify that the intent of this section is to protect the owner of the property where the well is located and not property owned by the Commonwealth?

Section 11.2 applies to all Owner property, which in this context is the Commonwealth.

Kentucky Energy and Environment Cabinet Addendum No. 1

QUESTION: RESPONSE:

27. Sub Section 11.3 Hazardous Materials – This section discusses what if the “Contractor unexpectedly encounters…hazardous substances/materials…”

a. Will the Commonwealth be providing the Contractor with any and all information associated with pre existing conditions and prior environmental assessments (i.e. soil and groundwater assessments) of each well site that identify potential hazardous materials?

b. If assessments do not exist, does the Commonwealth expect the Contractor to conduct such assessments to determine pre existing conditions prior to commencement of abandonment activities?

c. If hazardous materials are identified, is it the responsibility of the Contractor to characterize and properly dispose of these materials?

d. Since the Contractor did not generate the hazardous materials, who will be responsible for signing hazardous waste disposal manifests?

e. Please confirm that, if hazardous materials are encountered, all Contractor costs associated with the proper identification, characterization, removal, and disposal of said materials will be reimbursed by the Commonwealth?

f. Please confirm that, if hazardous materials are encountered, all Contractor activities associated with the proper identification, characterization, removal, and disposal of said materials will be considered as excusable delays by the Commonwealth?

a. No

b. This will be a decision of the Contractor, as to whether they choose to do an assessment.

c. Yes

d. DOG as the authorized agency may have to sign hazardous waste disposal manifests.

e. TENORM costs will be addressed as provided in the scope. Any other hazardous materials identified will be handled by a written agreement, as specified in 11.3.

f. Yes

28. Section 12 – Inspection of Work… most of this section is not applicable to the scope of services requested in Attachment I, therefore can the Commonwealth please delete non applicable sections and revise the items to match the requirements of the requested scope of services?

Section 12.5 does not apply. The rest of Section 12 will remain as is.

Kentucky Energy and Environment Cabinet Addendum No. 1

QUESTION: RESPONSE:

29. Section 13 – Royalties and Patents – this section is not applicable to the requested scope of services; therefore can the Commonwealth remove this section?

Section 13 does not apply.

30. Subsection 14.1.3 – Costs – Can the Commonwealth clarify that the firm fixed per well cost requested in Attachment E should include all costs, labor, and materials associated with the proper abandonment of each site? Costs will includes labor and effort to prepare all required documentation (i.e. DOI, EEO, Davis Bacon Act, and Commonwealth Reporting); labor and effort to secure site access (if not already completed by the Commonwealth);

cost associated with the required bonds; labor and effort to secure permits, labor and effort to conduct DOI required studies (if not already completed by the Commonwealth), labor, effort, equipment and materials to properly abandon each well; labor and effort to properly dispose of materials removed; labor, effort, and materials to restore each site;

overhead and profit costs (not to exceed 15%); and overall project management.

The firm fixed per well cost request in Attachment E should include all costs, labor and materials associated with the proper abandonment of each site.

31 Section 17 – Subcontractors and Subsection 24.8 Subcontractors – Can the Commonwealth confirm that they will accept liability insurance for any and all selected subcontractors that meets or exceeds the required limitations. Meaning, the selected Contractor will not be required to include any subcontractors under the Contractor’s liability insurance.

The prime contractor will be required to carry project liability insurance that includes full subcontractor coverage.

32 Section 18 – Payment – Much of this section is not applicable to the requested scope of services included in Attachment I, therefore can the Commonwealth please delete and/or revise this section to be more applicable and appropriate to the services being requested?

Sections 18.1, 18.2.2, 18.2.3, 18.3, 18.4, 18.6.3, & 18.7 shall not apply. The rest of Section 18 will remain as is.

Kentucky Energy and Environment Cabinet Addendum No. 1

QUESTION: RESPONSE:

33 Section 19 – Completion Much of this section is not applicable to the requested scope of services included in Attachment I, therefore can the Commonwealth please delete and/or revise this section to be more applicable and appropriate to the services being requested?

Sections 19.1 through 19.6 do not apply. The RFP states the completion date required is 180 calendar days from award of contract

34 Subsection 19.7 – Liquidated Damages – These sections appear to be applicable to the construction of buildings or other infrastructure and not the abandonment of a well. Can the Commonwealth please delete and/or revise this section? If revising, please provide specific details on what delay damages could be associated with the requested scope of work?

This section should have been included in the original RFP, and shall be incorporated now therein:

40.33 Liquidated Damages / Damages from Untimely

Performance

In accordance with Article ’19.7 of the General Conditions, the Contractor shall pay the Owner the following identified amount for each and every calendar day of unexcused delay in achieving Final Completion beyond the date set for below for each:

Substantial Completion Liquidated Damages are not required on this project. (See Article ’19.4 of the General Conditions and Article ’11 of these Special Conditions for requirements for Substantial Completion).

Final Completion Liquidated Damages are $200/calendar day for each day beyond the established Date of Final Completion until the Actual Date of Final Completion is achieved. (See Article ’19.5 of the General Conditions and Article ’11 of these Special Conditions for requirements for Final Completion).

Kentucky Energy and Environment Cabinet Addendum No. 1

QUESTION: RESPONSE:

35 Section 20 – Correction of Work Much of this section is not applicable to the requested scope of services included in Attachment I, therefore can the Commonwealth please delete and/or revise this section to be more applicable and appropriate to the services being requested?

Section 20 will remain as is.

36 Section 23 – Indemnification

a. Will the Commonwealth agree to revise the indemnification “…to the extent caused by the sole negligence or willful misconduct of the Contractor…”

b. The Contractor should not be liable for negligence and misconduct of the Owner, Property Owner, or 3rd parties. Therefore, will the Commonwealth agree to indemnify the Contractor for any actions from the Owner or Property Owner or 3rd Parties deemed to be sole negligence or willful misconduct?

c. Subsection 24.8 Subcontractors – Can the Commonwealth confirm that they will accept liability insurance for any and all selected subcontractors that meets or exceeds the required limitations. Meaning, the selected Contractor will not be required to include any subcontractors under the Contractor’s liability insurance.

d. Will the Commonwealth revise the indemnification to the limits of the Contractor’s insurance?

e. Will the Commonwealth add indemnification of the Contractor for any known or unknown pre existing conditions associated with each site (including contamination and other pre existing issues not caused by the Contractor)?

f. Will the Commonwealth acknowledge that Contractor is not the generator for any hazardous materials identified/generated during the removal of the well?

g. Subsection 24.9 – Risks Insurance – Can the Commonwealth please clarify what Risks Insurances is and how it is different than the requested liability insurance? If not applicable to the requested scope of work, then can the Commonwealth delete this section?

a. Section 23 will remain as is.

b. Section 23 will remain as is.

c. The prime contractor will be required to carry project liability insurance that includes full subcontractor coverage.

d. No

e. No

f. Yes DOG as the authorized agency may have to sign hazardous waste disposal manifests for these orphan sites.

g. All Risk Insurance requirement does not apply.

Kentucky Energy and Environment Cabinet Addendum No. 1

QUESTION: RESPONSE:

37 Section 26 – Claims by the Contractor – Much of this section is not applicable to the requested scope of services included in Attachment I, therefore can the Commonwealth please delete and/or revise this section to be more applicable and appropriate to the services being requested?

Section 26 will remain as is.

38 Section 29 – Separate Contracts Much of this section is not applicable to the requested scope of services included in Attachment I, therefore can the Commonwealth please delete and/or revise this section to be more applicable and appropriate to the services being requested?

Section 29 will remain as is.

39 Section 31 – Project Meetings Much of this section is not applicable to the requested scope of services included in Attachment I, therefore can the Commonwealth please delete and/or revise this section to be more applicable and appropriate to the services being requested?

Section 31 does not apply. A post award meeting will be scheduled with the successful bidder by DOG prior to work commencing.

40 Section 32 – Miscellaneous Much of this section is not applicable to the requested scope of services included in Attachment I, therefore can the Commonwealth please delete and/or revise this section to be more applicable and appropriate to the services being requested?

Sections 32.1, 32.2, 32.3 do not apply. The rest of Section 32 remain as is.

41 Section 37 – Commonwealth Project Forms – Much of this section is not applicable to the requested scope of services included in Attachment I, therefore can the Commonwealth please delete and/or revise this section to be more applicable and appropriate to the services being requested?

Section 37 does not apply.

42 Example Performance Bond Part IV – Section 6 contradicts a prior statement stating which stated the Surety must be notified of any changes. Can the Commonwealth please correct the appropriate statement?

We cannot determine the basis of this question.

Kentucky Energy and Environment Cabinet Addendum No. 1

QUESTION: RESPONSE:

43 Part VI – Agreement Sample

a. Can the Commonwealth revise this form to make it more appropriate for the requested scope of services? For example, there will be no architects involved with this scope of work.

b. Under Article 4 – Liquidated Damages – This appear to be applicable to the construction of buildings or other infrastructure and not the abandonment of a well. Can the Commonwealth please delete and/or revise this section? If revising, please provide specific details on what “substantial financial damages and other injuries” would include should there be delays with completion of the requested scope of work?

a. Any reference to “Architect” shall read “Agency” b.This section should have been included in the original RFP, and shall be incorporated now therein:

40.33 Liquidated Damages / Damages from Untimely

Performance

In accordance with Article ’19.7 of the General Conditions, the Contractor shall pay the Owner the following identified amount for each and every calendar day of unexcused delay in achieving Final Completion beyond the date set for below for each:

Substantial Completion Liquidated Damages are not required on this project. (See Article ’19.4 of the General Conditions and Article ’11 of these Special Conditions for requirements for Substantial Completion).

Final Completion Liquidated Damages are $200/calendar day for each day beyond the established Date of Final Completion until the Actual Date of Final Completion is achieved. (See Article ’19.5 of the General Conditions and Article ’11 of these Special Conditions for requirements for Final Completion).

Kentucky Energy and Environment Cabinet Addendum No. 1

QUESTION: RESPONSE:

44 Attachment I – KASTOW Packages – Scope of Work

a. Section 1 – Can the Commonwealth confirm that the Commonwealth is responsible for securing access agreements with Property Owners for the requested scope of services?

b. Section 8 – Can the Commonwealth confirm that the Commonwealth will sign all TENORM disposal documentation as the generator and/or responsible party?

c. Section 17

Can the Commonwealth confirm that the Commonwealth will sign all required disposal documentation as the generator and/or responsible party?

a. The Commonwealth will obtain verbal agreements from landowners to secure access to the well sites. If well access cannot be timely achieved, the Division may elect to delete the well from that package.

b. DOG as the authorized agency may have to sign hazardous waste disposal manifests for these orphan sites.

c. DOG as the authorized agency may have to sign hazardous waste disposal manifests for these orphan sites.

45 This section asks for contractors to submit a minimum of 10 pictures daily and a minimum of 20 pictures at project beginning and end. We believe that the number of photographs asked for in this section are unnecessary for a project of this scope and size. Would the State please confirm the number of photographs desired for these sections?

Section 5.3 of General Conditions does not apply. Photos will be taken by the DOG inspector as needed.

46 This section asks for contractors to provide temporary offices that include electric, water, HVAC, internet access, and telephone: one for the Job Superintendent, A/E, Resident Observer, and Owner to hold project operations activities and meetings, and another for the Resident Observer alone. The implication of the term "job office" is that these temporary offices would need to be in place at each well (job) location; we believe this is unreasonable, as we cannot predict if landowners are agreeable to these offices being located on their land.

Would the State please confirm that "temporary office" does not mean an office at each well location? Also, would the State please clarify if "temporary" means temporary in the sense of location (a temporarily-placed mobile office) or temporary in terms of time (a permanent facility that we use temporarily)?

Temporary Offices are not required.

Kentucky Energy and Environment Cabinet Addendum No. 1

QUESTION: RESPONSE:

47 Will that State please confirm the property access location to each well, so contractors can accurately determine access road lengths and corresponding costs?

The Commonwealth will obtain verbal agreements from landowners to secure access to the well sites. Contractor will have to decide access route and install BMP’s based on field conditions.

48 Will the State please confirm that contractors can determine the method of flow lines, surface production equipment, and debris disposal, as long as it is in accordance with all applicable laws and regulations?

Closure of flowlines and disposal of surface production equipment and debris shall be performed in compliance with all statutory and regulatory requirements.

49 When our bid is ready, do I email it to you? You must follow the instructions in Attachment D to submit your bid.

Kentucky Energy and Environment Cabinet Addendum No. 1

QUESTION: RESPONSE:

50 I can’t find any information in the package on Liquidated Damages. Am I overlooking something?

This section should have been included in the original RFP, and shall be incorporated now therein:

40.33 Liquidated Damages / Damages from Untimely

Performance

In accordance with Article ’19.7 of the General Conditions, the Contractor shall pay the Owner the following identified amount for each and every calendar day of unexcused delay in achieving Final Completion beyond the date set for below for each:

Substantial Completion Liquidated Damages are not required on this project. (See Article ’19.4 of the General Conditions and Article ’11 of these Special Conditions for requirements for Substantial Completion).

Final Completion Liquidated Damages are $200/calendar day for each day beyond the established Date of Final Completion until the Actual Date of Final Completion is achieved. (See Article ’19.5 of the General Conditions and Article ’11 of these Special Conditions for requirements for Final Completion).

51 Will subcontractor experience count in awarding points? No, our contract is with the prime contractor and that is who will be awarded points for the experience.

52 Are all subcontractors supposed to be listed or say any subcontractor over $100,000 per package? For example, if you hire a company to set the plug do they need to be listed?

Yes, all Subcontractors must be listed.

Kentucky Energy and Environment Cabinet Addendum No. 1

QUESTION: RESPONSE:

53 Attachment A General Conditions – General Contractor Page 12 Section

4 Construction Schedule refers to a Construction Schedule, original Project Schedule, Schedule of Submittals and Schedule of Values. Are these “forms” and if so, where would I find them?

All forms necessary are in the attachments for each package.

54 Attachment Q Contractor Proposed Work Plan. Is the Proposed Work Plan supposed to address each individual well or the proposed work plan for the whole 10 or 25 package of wells?

The proposed work plan should address the package of wells.

55 A lot of this work will be performed in the winter based on the schedule?

How are we supposed to handle seed and straw?

Site should be stabilized and seeding applied immediately after well plugging.

56 I am wondering if you will be attaching the surface equipment to be removed and if these are to be plugged, basically need scope of work for all wells.

All information necessary is provided in the documents attached to the solicitation on www.eprocurement.ky.gov

57 I need some clarification on KRS 353.562 pertaining to this program. Am I correct in the understanding that regardless of how many of these wells we bid on, that we will be limited to being awarded no more than 10 in the first 12 month period?

No, that is incorrect. KRS 353.562 does not limit the number of awards per contractor.

58 Would the Commonwealth provide GIS data as future packages are released?

All packages will follow a similar pattern. The latitude and longitude for each well are included in the attachments.

Kentucky Energy and Environment Cabinet Addendum No. 1

QUESTION: RESPONSE:

1. Will the Commonwealth please confirm that all Q&A from the first round of solicitation packages (those previously due 26 August 2022) apply to this and all subsequent rounds of solicitation packages?

All Packages

All of the questions and answers from the first round of solicitations do not apply. See Addendum Attachment A for the questions and answers that apply to the second round of solicitation packages.

2. Will the Commonwealth please allow for debrief meetings with evaluation committee representatives, so we may be given an opportunity to better refine our proposals for future KASTOW solicitations?

All Packages

No. Contractors may submit specific inquiries in writing to DECA.

KASTOW - ORPHAN WELL PLUGGING & REMEDIATION MATRIX

CONSIDERED ATTRIBUTES POINTS

AVAILABLE

Prime Contractor Experience Points will be awarded based upon relevant well plugging & site remediation experience. List in detail the persons employed for these projects and their relevant experience.

(sliding scale of 1-2 points = degree that provided experience aligns with project requirements)

Prime Contractor Project History Points will be awarded based upon summary examples of past, similar projects described in adequate detail.

(0 points = minimal detail or similar work provided; sliding scale of 1-6 points = degree that provided work history matches bid project requirements

Prime Contractor Equipment/Adequacy to Complete Package Points will be awarded based upon equipment identified a.) To employ power swivel to drill out obstructions; b.) Verify wellbore clear by running rig tools to total depth; c.) Mix, pump and circulate cement to desired intervals and d.) Reclaim and remediate wellsite and access road.

(0 points = no equipment information provided; 1-4 Points = sliding scale for minimum requirement to plug wells with minimal equipment; 5-8 Points = sliding scale for complete well service and pumping equipment deemed suitable to plug well from TD to surface and reclaim well site.)

Completeness of Project Work Plan Points will be awarded based upon the completeness of project work plan. The work plan should outline all proposed components to meet the requirements of the project. Work plan should include a proposed work schedule; project staffing and number of crews; task structure for scope of work; supply chain assurance and sourcing for key materials; equipment mobilization plan; cement batch plant plan, if proposed; meters for TENORM and gas detection; and spillage prevention plan. The work plan should explain cement displacement method to be consistent with the plugging plan.

(0 points = no work plan provided; 1-4 Points = sliding scale for completeness of work plan)

Past Performance with Division of Oil and Gas Points will be awarded based upon Prime Contractor’s past performance with the Division of Oil and Gas State Plugging or Tank Remediation programs.

(0 points = no past experience or unsatisfactory performance; 1-5 points = sliding scale for positive past performance)

Completeness of Proposal Points will be awarded based upon completeness of proposal.

(0-5 points = sliding scale for thoroughness and detail of package)

Total Project Cost

Points awarded based upon proposed cost of project (each bid scored proportionally with lowest bid cost score 40 and % reduced proportionally for higher cost bids). 40

TOTAL

REVISED

ATTACHMENT P

EXPERIENCE / PROJECT HISTORY/ PAST PERFORMANCE

To Be Completed by Contractor and Submitted with Bid

PRIME CONTRACTOR’S EXPERIENCE: List employees and any relevant well plugging & site remediation experience. Use additional sheets if necessary.

PRIME CONTRACTOR PROJECT HISTORY: Provide examples of past, similar projects in detail.

Use additional sheets if necessary.

PAST PERFORMANCE WITH KENTUCKY DIVISION OF OIL AND GAS (KDOG): List any past performance with KDOG State Plugging or Tank remediation programs. Use additional sheets if necessary.

ATTACHMENT Q

CONTRACTOR PROPOSED EQUIPMENT LIST and PROPOSED WORK PLAN

To Be Completed by Contractor and Submitted with Bid

PROPOSED EQUIPMENT LIST: List all proposed project equipment that will be used to complete the project from start to finish. See the KASTOW Matrix in the RFP for details. Use additional sheets if necessary.

PROPOSED WORK PLAN: Outline all proposed components to meet the requirements of the project. See the KASTOW Matrix in the RFP for details. Use additional sheets if necessary.