Attachment_A-_Well_Work_and_Information.pdf

Walace (2026RFP003) Cost Proposal – WELL WORK & INFORMATION

WELL WORK & INFORMATION

Scope of Work

Installation of Monitoring Wells

Prepared By

Kenny Sullivan, P.G. & Nathan Feldkamp, D.G.

KANSAS CORPORATION COMMISSION

District #1 Field Office

210 E. Frontview, Suite A

Dodge City, Kansas 67801

ABANDONED WELL PLUGGING SITE REMEDIATION: WALACE

WATER MONITORING WELL INSTALLATION

(KCC #2026RFP002)

Lane County, Kansas

May 6, 2022

Event ID: EVT000XXXX

Table of Contents

1.0 Objectives/Background 40

2.0 Location/Geology/Hydrology 40

3.0 Scope of Work 41

3.1 General Information 41

3.2 Monitoring Well Drilling and Installation/General 41

3.3 Monitoring Well Drilling and Installation/Site Preparations 41

3.4 Monitoring Well Drilling and Installation /Drilling 42

3.5 Monitoring Well Drilling and Installation/Well Construction 42

3.6 Monitoring Well Drilling and Installation/Gravel Pack 43

3.7 Monitoring Well Drilling and Installation/Grouting 43

3.8 Monitoring Well Drilling and Installation/Well Development and Site Clean-up 44

3.9 Access 44

3.10 Monitoring Well Surveying 44

4.0 Deliverables 44

ABANDONED WELL PLUGGING SITE REMEDIATION: WALACE

WATER MONITORING WELL INSTALLATION – KCC RFP PROJECT

SCOPE OF WORK

1.0 OBJECTIVES/BACKGROUND

Groundwater in the area that is used for domestic, livestock, and oilfield water supply is produced from the Dakota Sandstone in Pawnee County. The saturated thickness of the Dakota Sandstone is relatively thick in the area; Water wells are generally in the range of 100 - 200 feet deep, static water levels are typically 40 - 90 feet below land surface, and the saturated thickness of the aquifer is around 50 - 100 feet based on water well completion records (KGS WWC5 online database).

The natural ground water quality in the Dakota Sandstone in the area is expected to be fresh based on a past survey of irrigation water in Pawnee County as a part of a KGS study. The chloride concentration range in the county was 16 – 69 mg/L and the average was 28 mg/L. All of the wells sampled around the house well had a chloride concentration of 7.5 mg/L. The chloride concentration range of the house well is 400 – 3,000 mg/L with an average concentration of 1,500 mg/L.

This work scope is necessary for data collection in the local aquifer, helping develop a better understanding of the hydrological model regarding the current and possible future conditions of the Dakota Sandstone. There are no oil and gas wells in the vicinity that could be the cause of the saline water, however, an unrecorded exploration oilfield well or old saltwater pit may be the cause of the local contamination.

2.0 LOCATION/GEOLOGY/HYDROLOGY

Within the Pawnee River valley, the location is small, approximately one-quarter of a township in size. Located five (5) miles south and three (3) miles west of Rozel and is localized to a couple of sections in T-22-S and R-19 & 20-W in Pawnee County. This area is in the Dakota sandstone, and water usage for private, public, agricultural, and commercial means is abundant within the surrounding area.

The local Geology is Upper Cretaceous Dakota formation covered with unconsolidated Quaternary terrace deposits.

The Dakota’s surface is a disconformity with paleo features such as tributary valleys. The sandstone and clay of the Dakota formation were laid down in Late Cretaceous time under both fluviatile and near-shore marine conditions.

During the post-Cretaceous time the area underwent local folding superimposed on the regional dip. This folding event created the paleo valleys and highs within the surrounding area. The unconsolidated sediments are gravel, sand, silt, and clays. The thick deposits that overlie the Cretaceous bedrock were laid down during the Pleistocene Epoch and represent stream-laid debris from the Rocky Mountains.

The area's hydrology consists of shallow aquifers overlain by unconsolidated sediments. The water table tends to follow the bedrock surface which usually aligns with surface topography. The quality of the water is relatively good in areas not affected by past oil field brines. The area has many livestock wells. In addition, there are several agricultural and private water wells, including irrigation wells. Overall groundwater movement is to the North- Northeast, but brine contamination tends to be localized at the house well as wells to the north and south show no signs of oil field brines

3.0 SCOPE OF WORK

3.1 General Information

3.1.1 The Vendor is responsible for ensuring that any work performed under this Request for Proposal (RFP) complies with all Federal, State, and local laws. The Vendor may modify the work scope but notify and justify any changes with the Kansas Corporation Commission (KCC) District 1 Office in writing before work commences. The KCC can approve or reject any proposed changes to the scope of work.

3.1.2 The KCC plans to drill approximately four (4) monitoring wells into the Dakota Sandstone aquifer.

The KCC reserves the right to drill an additional three (3) monitoring wells at the agreed cost for well installation in this project if deemed necessary. Location of the wells will be one upgradient and three downgradient to determine the Extent of the plume. The locations of these monitoring wells will be agreed upon by the KCC District 1 Office and the hired Contractor. Wells will be drilled to a depth of approximately 100 feet and screened approximately 60 – 100 feet.

3.2 Monitoring Well Drilling and Installation – General

3.2.1 The contractor shall have a valid and current water well drilling license issued by the State of Kansas.

3.2.2 The contractor shall furnish all necessary supervision, labor, tools, materials, and equipment, except as may be noted, to properly drill and construct groundwater observation wells.

3.2.3 The Vendor's Field Geologist shall oversee each location. The field geologist shall log each boring to the full extent possible. Once the contract is complete, field notes and lithology logs shall be provided to the KCC. The Field Geologist shall keep the KCC geologists updated on all drilling activities and completion operations. KCC geologists can make all final calls regarding any drilling or completion decisions.

3.2.4 The contractor shall protect any adjacent equipment, drainage ditches, pavements, crops, fences, above and below ground utility lines, and any other site work liable to damage from the execution of this work. Repair of damaged areas shall be made as approved by the KCC District 1 Office at the contractor’s expense. The contractor shall notify the KCC District 1 Office a minimum of 72 hours before drilling operating begins to allow District staff to witness the drilling and well completion.

3.3 Monitoring Well Drilling and Installation – Site Preparations

3.3.1 The contractor or a representative of the contractor shall identify or locate above and below-ground utilities. The contractor shall be responsible for all one call utility locates and provide KCC with all ticket numbers.

3.3.2 Subject to the approval of the site geologist, the staked observation well location may be moved for safety reasons or to avoid property or equipment damage.

3.3.3 When the use of wooden or steel planking does not provide rig stabilization, rough grading, cutting and filling shall be permitted for drilling rig stabilization.

3.3.4 The contractor shall erect and maintain guardrails, lights, temporary enclosures, or other equipment as required to safeguard the public.

3.4 Monitoring Well Drilling and Installation – Drilling

3.4.1 Pursuant to K.S.A. 82a-1201 through 82a-1215 and amendments thereto, all drilling shall comply with the Kansas Department of Health and Environment Article 30 (Water Well Contractor's License; Water Well Construction and Abandonment).

3.4.2 The Field Geologist shall carefully log all wells, so samples during drilling must be obtained at a minimum of 5 feet intervals. Continuous sampling may occur in the lower part of the aquifer, where brine contamination is highest or at depths requiring detailed review. The Field Geologist may also stop drilling at any time to circulate drilling fluids to obtain better samples.

3.4.3 Samples should be laid out on the ground or other locations in chronological order to record the lithology during the drilling. There is no lab analysis planned, so no samples shall need to be containerized. The Field Geologist shall evaluate, describe, and record lithology and other hydrological or geological observations of each sample.

3.4.4 Other than the rotary wash technique, any drilling methods must be cleared and justified with the KCC District 1 Office before work commences.

3.4.5 The minimum diameter of the borehole shall be six inches from ground level to total depth (TD).

3.4.6 A portable above-ground drill tank or pit shall be used to circulate drilling fluid and contain drill cuttings

3.4.7 Before setting the casing in the borehole, TD shall be "tagged" or measured to determine borehole depth.

3.4.8 As determined by the site geologist, any portion of the borehole that penetrates greater than five

(5) feet into bedrock shall be plugged back to the observation well's TD

3.4.9 Any borehole that is not completed due to unforeseen circumstances shall be plugged from TD to ground level.

3.4.10 It is the full responsibility of the Vendor to evaluate the site-specific geology and other information to determine the equipment needed for successful well installation.

3.5 Monitoring Well Drilling and Installation – Well Construction

3.5.1 Pursuant to K.S.A. 82a-1201 through 82a-1215 and amendments thereto, well construction shall comply with the Kansas Department of Health and Environment Article 30 (Water Well Contractor's License; Water Well Construction and Abandonment).

3.5.2 The Vendor's Field Geologist shall be onsite to oversee all completions.

3.5.3 All materials used in constructing each well shall be properly prepared and installed according to manufacturers' specifications.

3.5.4 A two (2) inch PVC, schedule 40, and slip cap shall be glued to the bottom end of the screen before screen installation.

3.5.5 A ten (10) foot section or joint of two-inch diameter, PVC, schedule 40, slip joint, screen with

0.010 openings shall be set at TD The Field Geologist may change screen lengths in the field based on the geologic logging of each well.

3.5.6 Two (2) inch diameter, PVC, schedule 40, bell joint, well casing shall be installed from the screen to seven (7) feet below land surface.

3.5.7 A two (2) inch diameter, PVC, schedule 40, threaded and slip end, female adapter shall be installed on the PVC well casing. The slip end shall be installed on the PVC well casing using glue and two

(2) galvanized screws that do not penetrate the inside surface of the well casing when tightened.

3.5.8 A prefabricated two (2) inch diameter galvanized casing consisting of two (2) threaded, five (5)-foot sections shall be installed. A non-toxic thread sealing compound shall be used on the threaded joints.

3.5.9 A two-inch diameter, PVC, schedule 40, threaded cap shall be installed, without thread sealing compound, on the well casing opening. A 1/8 inch diameter vent hole shall be drilled through the side of the cap.

3.5.10 A 4 inch steel bollard shall protect the completed observation well battery on each side of the battery that is buried and cemented a minimum of 3 feet and rises a minimum of 3 feet above ground level. The bollards shall be painted bright yellow for easy visual identification and filled with concrete.

3.6 Monitoring Well Drilling and Installation – Gravel Pack

3.6.1 Pursuant to K.S.A. 82a-1201 through 82a-1215 and amendments thereto, installation of the gravel pack shall comply with the Kansas Department of Health and Environment Article 30 (Water Well Contractor's License; Water Well Construction and Abandonment).

Immediately after the well screen and casing has been installed in the borehole, a gravel pack shall be installed from TD to a maximum of five feet above the top of the screen.

3.6.2 The gravel pack shall be placed in the same hydrologic unit or zone as determined by the site geologist and shall not connect multiple hydrologic units or zones.

3.6.3 The gravel pack material shall be clean sand 1/8 inch to 1/4 inch diameter, placed with a tremie pipe.

3.6.4 After installation, the top of the gravel pack shall be "tagged" or measured to determine placement.

Then, additional gravel pack material shall be added, if needed.

3.7 Monitoring Well Drilling and Installation – Grouting

3.7.1 Pursuant to K.S.A. 82a-1201 through 82a-1215 and amendments thereto, grouting shall comply with the Kansas Department of Health and Environment Article 30 (Water Well Contractor's License; Water Well Construction and Abandonment).

3.7.2 Betonite clay grout shall be installed in the annular space from the top of the gravel pack to 3' below ground level.

3.7.3 The grout shall be sodium bentonite clay manufactured under the trade name of "Hole Plug" or an equivalent approved by the contractor’s site geologist.

3.7.4 The grout shall be installed or placed with a tremie pipe or as recommended by the manufacturer.

3.7.5 Grout intervals less than or equal to 70 feet shall be plugged with sodium bentonite clay manufactured under the trade name of "Hole Plug" or an equivalent approved by the contractor’s site geologist.

3.7.6 Grout intervals greater than 70 feet shall be plugged with a grout mixture consisting of fresh water and commercial grouting or plugging sodium bentonite clay containing high solids manufactured under the trade name of "Volclay grout" or an equivalent approved by the site geologist. The grout mixture shall be as per the manufacturer's recommendations to achieve the minimum weight of 9.4 pounds per gallon of mix. The grout shall be installed or placed with a tremie pipe.

3.7.7 The contractor shall grout intervals for all wells from ten feet below the surface to the land surface according to Section 3.7.5.

3.8 Monitoring Well Drilling and Installation – Well Development and Site Clean up

3.8.1 To ensure the well is functioning appropriately, each monitoring well shall be sufficiently developed to remove any drilling fluid and cuttings from the well and gravel pack.

3.8.2 Development water shall be contained and disposed of unless field tests for chloride show levels below 500 mg/L. Development fluids less than 500 mg/L may be purged on the ground so long as there is no damage or erosion to the property. At no time shall purge fluids be placed on agricultural fields.

3.8.3 A brief field log identifying each well shall be prepared that reports volumes of fluid purged, and placement and/or disposal of the fluids. This is to be turned in at the end of the contract.

3.8.4 Litter, drill cuttings, and other materials associated with the drilling and construction of the well shall be removed and properly disposed of by the contractor. No cuttings shall be spread on agricultural fields.

3.8.5 Upon completion of the well, all drilling equipment shall be removed from the site as soon as possible and the site returned to pre-drilling conditions. Any property damaged or destroyed during operations must be repaired within 30 days of its occurrence. The Vendor shall notify KCC immediately of any damages that occur during work.

3.9 Access

3.9.1 Property Access

The Vendor is responsible for contacting all onsite and offsite property owners to obtain access.

The written authorization shall be obtained from each property owner where access is necessary.

A minimum of two (2) written and verbal attempts shall be made to obtain access. If there is no response or access is denied, the Vendor shall notify the KCC District 1 office to find alternate locations. If easements are used, the Vendor must obtain permission in writing from private entities, city, county, or state authorities. Copies of all access agreements must be turned into the KCC once the work has been completed.

3.10 Monitoring Well Surveying

3.10.1 After completing the entirety of the monitoring wells, all monitoring wells must be surveyed by a Licensed Land Surveyor. All wells shall be included in one report.

3.10.2 Vertical Survey – All monitoring wells shall have datums surveyed for ground elevation and top of the casing. All datums shall be recorded within 0.01 feet.

3.10.3 Horizontal Survey – The survey shall determine the distance in feet from the closest section corner.

The report shall include section, township and range, as well as latitude and longitude to 5 decimal places.

4.0 Deliverables

This section describes the deliverables required to be sent into the KCC after completing the contract.

4.0.1 Field Notes - All field notes about the drilling and completing of each well-installed during this contract. This shall include all boring logs, daily event logs, and other notes taken in the field during work.

4.0.2 WWC5 Paperwork - The Vendor shall file all WWC-5 paperwork with the KDHE water office.

Copies of this paperwork shall be sent to the KCC once completed.

4.0.3 Survey Report - The Vendor or subcontractor shall send a complete survey report of all the newly installed wells.

4.1.4 Land Access Agreements - The Vendor shall supply the KCC with paper copies of all access agreements made with landowners during this project. In addition, the Vendor shall send all paper copies of written agreements with entities made in easements.

4.1.5 Written Report of Work - There is no required written report of the work once this contract is completed. However, all field notes, added bills, or other pertinent information shall be turned in at the project's end.

4.1. Pricing:

• Labor pricing o Labor and service prices shall remain firm for the entire RFP Project contract period unless amended pursuant to the procedure below. Prices shall be net delivered, including all trade, quantity and cash discounts.

• Material pricing o Material pricing levels for the RFP Projects are firm and shall be used to assist in the awarding of any resulting contracts.

4.2. RFP Project - Task Order Process

The task order process shall include the following steps:

• All questions concerning the RFP Project task order shall be submitted in hard copy or electronically to the agency contact person listed on this RFP Project contract.

• Names and resumes for all individuals on the Contractor team for the work identified in the task order shall be identified in the task order response. Only resumes of persons who are available and shall actually be assigned to the RFP task order are to be provided.

In general, evaluation this RFP Project task order response will be based on best price for competency, availability to complete the project in a timely manner, no major problems in prior service, and the best interest of the State of Kansas. The KCC Office reserves the right to base an award on, for example, the individual Contractor’s special qualifications to perform a particular project and/or the cost and suitability of staff offered for a project and to exercise discretion in selecting a Contractor for any given assignment.

In preparing, distributing, processing, evaluating, and awarding this RFP Project contract, the KCC Office and involved contractors shall in all regards and without qualification, follow all applicable state laws, rules & regulations, policies, and practices regarding procurements.

Unless noted otherwise in this task order, the following provisions shall apply:

• The KCC Office reserves the right to review and disapprove all Contractor staff prior to the commencement of work. This may include but is not limited to review of resumes, interviews and contacting references. The KCC Office also reserves the right to review and disapprove all contract staff prior to the start of different phases of any given task order.

• The KCC Office reserves the right to terminate this RFP Project contract at any time. Cause for termination may include but is not limited to (a) personnel originally offered by Contractor cease affiliation with said Contractor, (b) funding terminates, (c) Contractor fails to comply with contractual/ task order requirements or (d) termination is in the best interest of the State.

• The KCC Office reserves the right to terminate payment for Contractor staff assigned to the agency effective upon written notice to the Contractor if performance does not meet agency expectations. The Contractor shall provide a replacement acceptable to the agency. When any replacement is necessary, the “ramp up time” for the replacement staff time shall be at no cost to the agency. The agency and the Contractor on a case by case basis will determine the “ramp up time” for replacement staff.

• Contractor shall not reassign, terminate or add staff without prior written consent from the KCC Office contact designee.

• Contractor staff shall perform their duties in accordance with state policies, procedures and requirements, using state specifications and standards. Applicable policies, procedures, requirements, specifications and standards will be provided to the Contractor before they may be applied. All products are subject to agency review and the buying agency has final authority in accepting services and products.

4.4. General Provisions

• All charges shall be billed in accordance with the response to this RFP Project contract. Prices and deliverables shall not change during the term of the award unless a written amendment to the award is negotiated between KCC and Contractor.

o All contracts entered into under this contract shall conform to all federal and state laws and regulation applicable to the agency.

o The Contractor shall be in good standing with the State of Kansas and have no significant problems in prior work for the state.

o The Contractor shall be totally responsible for the work performed by their subcontractors and management of their subcontractors.

• The rights and remedies provided for the State in this contract shall not be exclusive and are in addition to any other rights and remedies provided by law. In the event KCC determines in its sole discretion that Contractor has not provided the services or goods identified in this RFP Project contract, Contractor shall be responsible for any and all costs and expenses, including attorney’s fees and expenses to hire other vendors to modify, complete, adjust finish or fix the services or goods as determined by the State.

• This RFP contract may be cancelled from for non-performance factors. Such factors may include, but shall not be limited to:

o Bankruptcy or similar events o Acquisition by a non-performing contractor o Conviction under Kansas criminal statutes o Failure to maintain tax-cleared status o Violation of the Kansas Conflict of Interest statutes o Debarment in Kansas or another state

4.5. Notification and Timeline

• The KCC designated representative and Contractor will schedule a pre-project conference at a mutually acceptable time within five (5) working days of the Contractor’s acceptance of the project. Unless otherwise agreed to by the KCC designated representative.

o Topic will included but limited to: Project tasks • KCC expectations • Project timeline • Labor, materials

• Equipment • Meals & incidentals • Mileage • Lodging • Other services

• The Contractor must commence work on the project (on or off site location) no later than thirty (30) working days after the date of the pre-project conference. This project will require off-site or office work before replacement work can begin. In the event of an emergency, an earlier commencement date may be required.

• The Contractor must contact District staff (by phone or email) before daily work begins (at least 24 hours is preferred). KCC staff may choose to witness any site remediation procedures.

o Daily notification needs to include:

Well(s): Project Name & Control Number, Well Name & Number

Planned daily well overview

• Contractor must complete all work within the following timeline of Contractor signing this RFP Project contract o District 1 - One (1) Year

• In event more time is needed to complete the awarded RFP Project, an extension may be grated at the discretion of the KCC.

4.6. Liquidated Damages

• The KCC will be damaged by Contractor’s failure to adhere to the deadlines. Therefore, unless modifications to the deadlines have been agreed to, each workday past Contract deadlines, the KCC may retain as liquidated damages of $200 per day from amounts to be paid to Contractor under this Contract.

4.7. Bid Restrictions

• If Contractor has exceeded any deadlines in unfinished, previously awarded KCC project contracts, then the KCC may reject Contractor’s bid for this Project. The KCC may limit the number of concurrent project contract awards to 3 projects per fully crewed pulling unit.

4.8. Contractor Supervision

• Contractor shall designate an agent as Project Supervisor, who shall:

o Schedule and oversee all work at the Project site;

o Maintain a daily activity report (i.e. well log) regarding each well plugged, or each site restoration action taken. Project Supervisor shall submit the daily activity reports and project invoices to the KCC’s designated representative within one week of the completion;

o Report once daily to the designated KCC representative regarding activity on the Project; and o Maintain a "Dig-Safe / Kansas One-Call System, Inc." permit throughout the Project. Project Supervisor shall contact the appropriate Rural Water district for clearance for the project. Project Supervisor must provide the “Dig-Safe” numbers to the KCC designated representative before commencing operations on the Project site.

4.9. Contractor Responsibility

• Contractor shall provide all necessary labor, materials, equipment, and services to perform the work described. Contractor shall be held responsible for all actions and work performed by the Contractor, any of the Contractor’s employees, agents, subcontractors, vendors, and/or suppliers.

4.10. Spill Management

• If a spill occurs on the Project, Contractor will discontinue other operations and clean-up the spill to the satisfaction of the designated KCC representative. Furthermore, if Contractor causes a spill, whether by mishap or negligence, the clean-up will be at the contractor’s expense.

4.11. Trash and Pits

• No trash or working pit(s) will be used on this project. All liquids will be required to be disposed of properly, KCC staff will advise on disposal method.

4.12. Compliance with laws; Safety

• Contractor, subcontractors, and vendors shall abide by all applicable State and Federal laws and regulations.

Contractor shall secure the Project site to prevent access except by authorized personnel. Well sites in the process of being plugged and working pits located in pastures with roaming cattle shall be enclosed with temporary fencing whenever Contractor is not present at the Project site.

4.13. Subcontractors

• Contractor may not use subcontractors without prior KCC approval. Before starting any work, Contractor shall provide a “Subcontractor List,” with all subcontractors and vendors that Contractor will use during the Project. The Subcontractor List must include any KDHE water drilling license number associated with the listed subcontractors and vendors. Contractor must provide written notice of any subsequent changes to the Subcontractor List prior to use of the subcontractor or vendor. Subcontractors must hold all licenses and certifications required by law to perform the designated services under this Contract.

4.14. Crew Experience

• The Contractor must provide an experienced crew capable of completing the Project. The KCC may require Contractor to provide documentation of any crew members’ experience. Only those crew members with an acceptable level of experience, as determined by designated KCC representatives, will be allowed on the Project. The KCC may require a demonstration of a successful equipment replacement by the Contractor before entering into this Contract. At any time, the experience level of the crew is deemed unacceptable by designated KCC representatives, the Contract may be terminated.

4.15. Project Equipment List

• Contractor must include with its proposal a “Project Equipment List” identifying all equipment to be used on the Project. At all times from Contract award to completion of the Project, Contractor must have legal use or possession of the equipment and the equipment must be in acceptable working condition. The listed equipment must be in acceptable working condition at the time the Contract is awarded and maintained in working order throughout the life of the Contract.

• Project Task Order(s) contain all possible equipment the project may require. Specific or similar equipment can be substituted if necessary, contact KCC staff for final approval.

4.16. Labor, Materials, Equipment, and Services

• Contractor shall provide all labor, materials, equipment, and services necessary to perform this Project.

Contractor must directly provide a minimum of 20% of the labor, goods, services, or equipment used in the completion of this Project. At a minimum, Contractor shall provide the following:

4.17. Water Hauling Services

• Equipment for storing fresh water for operations as well as storing 28-30 gallons of fluid for disposal.

4.18. Fluid Disposal Services

• Ability to dispose of fluids and cuttings deemed too contaminated for the onsite disposal. This could include drilling waste with no onsite disposal options.

4.19. Site Restoration

• Any and all remaining material/ equipment from well operation will be moved to a primary location – Contact KCC staff for specific site location per well/ per project. KCC staff will decide what materials/ equipment will be disposed of and what materials/ equipment is salvageable. Salvageable materials will be left to be auctioned off by the KCC.

• Contractor(s) will do everything to the best of their ability to leave the well site as nearly and practicable as possible in the same condition as it was before the well was drilled including not disturbing or damaging any and all vegetation/ plant life.

4.20. Miscellaneous

• Additional labor, materials, equipment, or services not identified in this Contract may be deemed necessary by KCC staff for the proper completion of the Project.

• Access to wells could require earthwork including but not limited to; removal of trees and brush, and building of pathways to some sites. Site restoration work may be needed.

• Additional Indemnification: In addition to any other indemnification or hold harmless obligations assumed by Contractor under this Contract, Contractor will indemnify and hold the KCC harmless from and against any claims, costs, expenses, injuries, or damage arising from or related to any failure to properly assemble, operate, or disassemble rental equipment.

4.21. Billing and Payment

• Billing:

o Billings and subsequent payments shall be processed through the KCC Conservation Division and will be made on a per project basis.

• Payment of subcontractors:

o Contractor shall pay all subcontractors, vendors, and suppliers in full within 15 days of receipt of payment by the KCC. If Contractor does not make timely payments, then the KCC may suspend or terminate the Contract, and reject future bids of Contractor until arrearages are corrected. Upon the request of the KCC, Contractor must provide documentation that timely payments have been made.

• Retainage:

o The KCC may, at its discretion, retain 10% of each billing until the entire project has been completed to the satisfaction of the KCC Conservation Division.

• Lien Releases:

o Upon the request of the KCC, the Contractor must provide documentation (including lien releases) that project subcontractors, vendors and suppliers have been paid or that the Contractor has made other arrangements to the satisfaction of the KCC that all subcontractors, vendors and suppliers will be paid in full.

• Amount and/or Availability of Work o KCC does not guarantee the amount and/or availability of any work. As circumstances are encountered during this Contract, the number and description of wells and remediation sites on the Project may be adjusted in accordance with this Contract and with Contractor’s rates listed in its bid. This Project Summary, time and material estimates in the Request for Proposal, and the attached well list and map, represent the KCC’s reasonable assessment of the work to be done by the KCC designated representative.

o KCC has the right to adjust the project number without contractor approval. The KCC will do it’s best to inform contractors with any change as soon as available.

4.23. Required Information in each Project

• Contractor Bidding Project Price Rate o Contractor Information and Project price rates are required for the KCC to evaluate each contractors RFP Project submission to make an informed decision in awarding this RFP contract.

• Equipment List o Contractor must have access to equipment in a timely manner. Do not have to own.

o Information regarding all equipment being used in the plugging of this RFP Project is required.

Equipment Type Equipment Name KDHE Water Drilling License number Equipment condition Specific equipment information Insurance name Liability amount

5. Contractual Provisions Attachment

DA-146a Rev. 07/19

5.1. Important

• This form contains mandatory contract provisions and must be attached to or incorporated in all copies of any contractual agreement. If it is attached to the vendor/contractor's standard contract form, then that form must be altered to contain the following provision: The Provisions found in Contractual Provisions Attachment (Form DA-146a, Rev. 07-19), which is attached hereto, are hereby incorporated in this contract and made a part thereof. The parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being the XX day of MONTH 2025.

5.2. Terms Herein Controlling Provisions

• It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated. Any terms that conflict or could be interpreted to conflict with this attachment are nullified.

5.3. Kansas Law and Venue

• This contract shall be subject to, governed by, and construed according to the laws of the State of Kansas, and jurisdiction and venue of any suit in connection with this contract shall reside only in courts located in the State of Kansas.

5.4. Termination Due to Lack of Funding Appropriation

• If, in the judgment of the Director of Accounts and Reports, Department of Administration, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, State may terminate this agreement at the end of its current fiscal year. State agrees to give written notice of termination to contractor at least thirty (30) days prior to the end of its current fiscal year and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to ninety (90) days before the end of such fiscal year.

Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided State under the contract. State will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by State, title to any such equipment shall revert to contractor at the end of the State's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor.

5.5. Disclaimer of Liability

• No provision of this contract will be given effect that attempts to require the State of Kansas or its agencies to defend, hold harmless, or indemnify any contractor or third party for any acts or omissions. The liability of the State of Kansas is defined under the Kansas Tort Claims Act (K.S.A. 75-6101, et seq.).

5.6. Anti-Discrimination Clause

• The contractor agrees to:

o Comply with the Kansas Act Against Discrimination (K.S.A. 44 1001, et seq.) and the Kansas Age Discrimination in Employment Act (K.S.A. 44-1111, et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101, et seq.) (ADA), and Kansas Executive Order No. 19- 02, and to not discriminate against any person because of race, color, gender, sexual orientation, gender identity or expression, religion, national origin, ancestry, age, military or veteran status, disability status, marital or family status, genetic information, or political affiliation that is unrelated to the person's ability to reasonably perform the duties of a particular job or position;

o Include in all solicitations or advertisements for employees, the phrase "equal opportunity employer";

o Comply with the reporting requirements set out at K.S.A. 44-1031 and K.S.A. 44-1116;

o Include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor;

o That a failure to comply with the reporting requirements of o Above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration;

o Contractor agrees to comply with all applicable state and federal anti-discrimination laws and regulations;

o Contractor agrees all hiring must be on the basis of individual merit and qualifications, and discrimination or harassment of persons for the reasons stated above is prohibited; and o If it is determined that the contractor has violated the provisions of any portion of this paragraph, such violation shall constitute a breach of contract and the contract may be canceled, terminated, or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration.

5.7. Arbitration, Damages, Warranties

• Notwithstanding any language to the contrary, no interpretation of this contract shall find that the State or its agencies have agreed to binding arbitration, or the payment of damages or penalties. Further, the State of Kansas and its agencies do not agree to pay attorney fees, costs, or late payment charges beyond those available under the Kansas Prompt Payment Act (K.S.A. 75-6403), and no provision will be given effect that attempts to exclude, modify, disclaim or otherwise attempt to limit any damages available to the State of Kansas or its agencies at law, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

5.8. Representative's Authority to Contract

• By signing this contract, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

5.9. Responsibility for Taxes

• The State of Kansas and its agencies shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.

5.10. Insurance

• The State of Kansas and its agencies shall not be required to purchase any insurance against loss or damage to property or any other subject matter relating to this contract, nor shall this contract require them to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101, et seq.), the contractor shall bear the risk of any loss or damage to any property in which the contractor holds title.

• KCC will require all contractors to produce any and all insurance information that has anything to do with this contract. Insurance information request is required but not limited to the following:

o Working Equipment Insurance o Workers Compensation Policy Insurance o Liability Insurance

5.11. Information

• No provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having access to information pursuant to K.S.A. 46-1101, et seq.

5.12. The Eleventh Amendment

• "The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and need not be reserved, but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the Eleventh Amendment."

5.13. Campaign Contributions / Lobbying

• Funds provided through a grant award or contract shall not be given or received in exchange for the making of a campaign contribution. No part of the funds provided through this contract shall be used to influence or attempt to influence an officer or employee of any State of Kansas agency or a member of the Legislature regarding any pending legislation or the awarding, extension, continuation, renewal, amendment or modification of any government contract, grant, loan, or cooperative agreement.