Licking7-ScopeofWork_OFFER.pdf

SCOPE OF WORK

LICKING #7 PROJECT

Multiple Orphan Well Sites

Licking County, Granville Township

PROJECT DESCRIPTION

The Licking #7 project shall include the following wells:

Wells to be plugged per the individual plugging plan.

Well Name API Number County Township

Ingress/Egress Latitude, Longitude

Wellhead Latitude, Longitude

Big Red #1831 34-089-6-6081-00-00 Licking Granville 40.074578;

-82.521416

40.074168;

-82.522528

Denison University #2 34-089-6-6082-00-00 Licking Granville 40.069280;

-82.522385

40.069044;

-82.522427

PROJECT SCOPE OF WORK:

This project includes mobilization, access and well site development, drilling or cleaning out of and plugging of two Orphan Wells, storage and disposal of all materials generated during the plugging of the well, decommissioning, removal, storage and disposal of all casing, tubing, well and production equipment and affiliated lines and restoration of all areas disturbed during this project.

This project shall also include all labor, equipment, and material necessary to excavate, cutoff, and plate One Plugged Orphan Wells that were discovered within the proximity of this project.

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Multiple Orphan Well Sites

Licking County, Granville Township

GENERAL SCOPE OF WORK

The Contractor, the Contractor’s agents, representatives, and subcontractors shall perform this Plugging Project in accordance with Ohio Revised Code 1509, Ohio Administrative Code Chap. 1501:9-11 and 1501:9-12, the Agreement, and in accordance with the following documents that are attached hereto and made a part hereof:

1. Project Description;

2. General Scope of Work;

3. General Conditions;

4. General Specifications;

5. Sequence of Work;

6. Well Description;

7. Plugging Plan;

8. Detailed Specifications;

9. Appendix I – Ohio One-Call;

10. Appendix II – Well Records;

11. Quantity Sheet;

12. & Drawing Plan Set.

Subject to the Contractor’s compliance with this Scope of Work, Contractor is solely responsible for and has control over all plugging and reclamation construction means, methods, manners, techniques, sequences, and procedures, for safety precautions and programs in connection with the Plugging Project, and for coordinating all portions of the Plugging Project.

LICKING #7

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Multiple Orphan Well Sites

Licking County, Granville Township

GENERAL CONDITIONS

PART 1: OHIO DEPARTMENT OF TRANSPORTATION SPECIFICATIONS

This Licking #7 Project (Project) references the Ohio Department of Transportation (ODOT) Construction and Material Specifications (ODOT CMS). Any reference to these specifications is to ODOT’s most current version of the specifications. The ODOT CMS can be found at https://www.dot.state.oh.us/Divisions/ConstructionMgt/OnlineDocs/Pages/2023-Online-Spec-Book.aspx

PART 2: PRE-SITE MEETING

The Contractor or Contractor's representative must attend the pre-site meeting. Failure to attend the pre-site meeting is grounds for the Division to reject the Contractor’s Offer.

The Ohio Department of Natural Resources, Division of Oil & Gas Resources Management (Division) intends to begin the pre-site meeting on time. At the meeting, the Division will circulate and collect attendance sign-in forms to all contractors present. Only those contractors in attendance throughout the pre-site meeting, including the discussion of the Scope of Work, will be considered present for the pre-site meeting.

PART 3: MODIFICATIONS TO THE SCOPE OF WORK PRIOR TO AWARD

The Scope of Work may only be altered by written modification. The Division may issue an Amendment to the Scope of Work and will provide a notification of the Amendment by email to all Department of Administrative Services (DAS) pre-qualified contractors. Each contractor is responsible for logging into OhioBuys and submitting an offer that is responsive to all Amendments issued. All offers submitted prior to an amendment being issued shall become null/void and not consider in the opening. All Amendments shall become part of the Scope of Work.

Any interpretation or clarification of the Scope of Work made by any person other than the Division, or in any manner other than a written Amendment, is not binding and the Contractor cannot rely upon any such interpretation or clarification.

The Contractor cannot, at any time after the award of the Scope of Work be compensated for any issue with the Scope of Work, including alleging insufficient data, incomplete, ambiguous, conflicting, or erroneous language, or incorrectly assumed conditions regarding the nature or character of the work.

PART 4: PERMIT AND INSPECTION REQUIREMENTS

The Division will obtain and pay for all building and U.S. Army Corps of Engineers permits unless otherwise specified in the Detailed Specifications. However, the Contractor shall determine and include in his or her Offer Sheet the costs required to obtain and pay for all other requirements by the applicable governmental agencies; including but not limited to, all certificates of inspection/operation, guarantees, licenses, etc. required to complete the work as described within this document. The contractor shall follow

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https://www.dot.state.oh.us/Divisions/ConstructionMgt/OnlineDocs/Pages/2023-Online-Spec-Book.aspx all applicable laws and permit requirements and the Division will not be held responsible for damages that result from violation of laws or permits.

PART 5: INSTRUCTIONS FOR PREPARING AN OFFER

A Contractor’s offer must be submitted online through OhioBuys.

(https://procure.ohio.gov/bidders-and-suppliers). All offers submitted prior to an Amendment being issued shall automatically become null/void and not consider in the opening.

Offers shall include labor, equipment, and material cost plus a proportionate share of the Contractor’s overhead costs, other indirect costs, and anticipated profit. An offer must be mathematically and materially balanced. A “mathematically unbalanced offer” is an offer containing lump sum or unit price items that do not include reasonable labor, equipment, and material costs plus a reasonable proportionate share of the Contractor’s overhead costs, other indirect costs, and anticipated profit. A mathematically unbalanced offer typically contains token prices (i.e. $1 prices), front loadings, or prices with large variations from the engineer’s estimate. A “materially unbalanced offer” is a mathematically unbalanced offer that will not result in the lowest ultimate cost to the Division.

During the Division’s initial review of offers, if the Division finds an offer may be mathematically unbalanced, the Contractor may be required to submit proof of the mathematically unbalanced line items’ proposed cost within 24 hours after notification from the Division. At a minimum, a Contractor may be required to submit copies of all material/rental quotes, intended labor costs (hours/rates), and contract agreements with subcontractors to support their offer. If the Contractor fails to submit the required proof, the Contractor’s offer shall be deemed withdrawn from consideration. The Division shall evaluate the documentation and may verify quotes with vendors. After a review of the documentation, the Division will reject any offer it determines is mathematically and materially unbalanced.

A Contractor shall maintain an up-to-date schedule on file with the Division that sets forth dates by which the Contractor will plug each well that the Division previously awarded to the Contractor. A Contractor shall update their work schedule as often as necessary to maintain a current schedule with the Division. To be awarded new contracts, the Contractor must be able to complete all previously awarded work within the due dates set in each contract with the Division. Upon request, a Contractor shall provide an up-to-date schedule to the Division that reflects when all awarded work will be completed.

Please note that a Contractor’s offer must be submitted online through OhioBuys.

1. Refer to the Scope of Work posted in OhioBuys with this solicitation.

2. Only Contractors who are pre-qualified to offer this service on an existing State Contract beginning with CSP900-922 (DAS Index No. MAC110) may respond to this solicitation. All CSP900922 Contract Terms & Conditions apply to this solicitation. No additional terms and conditions will be accepted. The Division will reject Offers from any Contractor that is not pre-qualified.

3. Completion of the grid is required and will be considered the response for evaluation. No outside or additional documentation will be considered.

4. Fixed prices will be automatically added to Contractor’s proposals when shown. Contractors are not to enter pricing for fixed price items.

5. Confirm that your bid has been successfully imported into OhioBuys for all items before submitting. Incomplete bids and/or attachments will not be evaluated.

6. The most recent bid submitted in OhioBuys will be the bid that is evaluated, all prior bids submitted in the same solicitation will not be evaluated.

7. The Contractor or Contractor's representative must attend the site meeting. Failure to attend the site meeting is grounds for the Division to reject the Contractor’s Offer.

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PART 6: DIVISION’S OFFER SELECTION

Except when the Division rejects an offer, the Division will select the lowest offer submitted to the Division.

The Division may reject an offer if any one of the following applies to the Contractor’s offer:

• Is not submitted online through OhioBuys;

• Fixed reference prices and/or any other imported information is incorrectly and/or not imported into OhioBuys;

• Is conditional;

• Is a mathematically unbalanced offer and a materially unbalanced offer;

• Is behind schedule on other projects with the Division; or

• Is not able to schedule this project within the contract due dates.

PART 7: WITHDRWAL OF OFFERS

At any time prior to the opening of the Offers, a Contractor may submit a written request to the Division, at the location where the Offers are received, to withdraw its offer. The request to withdraw the Offer must be signed by the person who executed the Offer.

PART 8: EFFECTIVE DATE AND TERM

The effective date of this Project is the date of the Letter to Proceed that is sent to the Contractor. The Contractor must start work at the project site on 03 June 2024. The Project must be completed no later than 31 July 2024. If the Project terminates on July 31, 2024 and the Project is not completed, the Scope of Work may be renewed on the same terms if the Division sends written notice to the Contractor. Failure to complete work by the contract due dates may result in the suspension or termination of the contract and may result in the Division pursuing the Suspension and Termination and/or the Contract Remedies sections defined in the MAC 110 contract.

PART 9: TERMINATION AT WILL

The Division may terminate this Scope of Work without cause. Any payment due to the Contractor at the time of termination by the Division shall be paid to the Contractor on a pro rata basis.

PART 10: RELATIONSHIP BETWEEN COMPONENTS OF THE SCOPE OF WORK

This Scope of Work includes drawings that are duplicates of drawings on file with the Division. The Scope of Work documents are complementary. All sections of the Scope of Work are binding. The titles and headings in the Scope of Work are for reference and in no way affect the interpretation of the provisions of the Scope of Work. Further, if any part of this Scope of Work is found to be unenforceable, no such event will affect the enforceability or applicability of any other part of the Scope of Work.

If a conflict between the drawings and the specifications arises, the Contractor must notify the Division. In the event of a conflict of any provision in the Scope of Work the order of priority within the Scope of Work is as follows: Drawings, Detailed Specifications, General Specifications, Plugging Plan, and Sequence of Work.

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PART 11: CONTRACTOR’S RESPONSIBILITY FOR SUBCONTRACTORS

The Contractor is responsible for the conduct of its subcontractors and for persons its subcontractors directly or indirectly employ.

PART 12: STANDARDS

If the Division identifies a “standard” by reference to manufacturer and/or model number, all offers will be evaluated to ensure that the identified standard is used. The Division will not consider an offer in which a substitution for the standard is offered. After the Letter to Proceed is issued, the Contractor may submit a written proposal for a substitution of a standard.

PART 13: SUBSTITUTIONS DURING THE PROJECT

After the Letter to Proceed is issued, the Contractor may offer substitutions for the standards set forth in the Scope of Work. The decision to allow substitution is solely within the discretion of the Division, which will consider, among other factors, availability, time of delivery, the aesthetic value of the proposed substitution, general differences in the knowledge of the product, service history, quality, efficiency, performance, and architectural, engineering, inspection, testing and administrative expenses. Any changes to the Offer price and/or Scope or Work must be memorialized by a Field Order or Change Order, as applicable. The savings in cost in allowing any substitutions during the Project will be solely to the benefit of the Division.

PART 14: QUANTITIES OF WORK

14.1 Unit Price Items

For items in the Offer that require a unit price, the quantities listed on the Offer Sheet are an approximation and are to be used only for the comparison of offers. The scheduled quantities may be increased or decreased without invalidating or altering the Offer and will be considered within the Scope of Work.

Payments for unit price items will be made to the Contractor for actual quantities of work performed and materials furnished in accordance with the Scope of Work; however, the Contractor may not exceed the unit quantities shown on the Offer Sheet without prior written approval of the Division through a Field Order. Even if the Contractor determines that additional unit priced quantities (above and beyond the original Offer Sheet quantity) are required to meet plan and/or specification dimensions, the Contractor must not exceed the Offer Sheet quantities without prior written approval of the Division. The Division will not pay for quantities above and beyond the Offer Sheet quantity without prior written approval of the Division.

14.2 Lump Sum Items

For items in the Offer Sheet that require a lump sum price, the Division will not pay for work, materials, or equipment that exceeds the amount provided by the Contractor on the Offer Sheet. The lump sum price on the Offer Sheet must include all work, materials, and equipment necessary to properly complete the Project.

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14.3 Additional/Contingency Items

The contingency items set forth in the Offer Sheet are not projected as necessary to complete the Project. Rather, the contingency items will first be used when unforeseen work arises, and the Division determines the contingency item is applicable. To be compensated for contingency items, the Contractor must have a written Field Order from the Division authorizing the contingency item in a specified quantity. Use of contingency items will not require the execution of a Change Order.

The Contractor must be prepared to supply all items identified in the contingency specifications for use on this Project.

PART 15: OMISSIONS IN THE SCOPE OF WORK

If the Contractor notices an error or omission in the Scope of Work during performance of the Project, the Contractor shall immediately notify the Division of such omission or error and shall not proceed with the Project until directed by the Division. Any work performed by the Contractor prior to clarification by the Division may not be entitled to compensation.

PART 16: INTERPRETATIONS CONCERNING THE SCOPE OF WORK

During the Project, if a question arises on the Scope of Work, the labor or materials to be supplied, or costs potentially exceeding the Contractor’s Offer, such questions must, prior to the work being performed, be submitted to the Division for a determination. A Division determination will be issued in writing and any work performed prior to such a determination will be performed at no cost to the Division. The Division will also begin executing a Change Order, when appropriate.

If the Division receives a written question concerning the Project, the Division will determine if the work must be performed by the Contractor at no increase in price to the Scope of Work. If so, the Division will issue a Field Order setting forth the Division’s determination. Each Field Order issued must be signed by the Contractor acknowledging receipt. If the Contractor disagrees with the Division’s interpretation in a Field Order, the Contractor may submit a protest by certified mail to the Chief within ten (10) days following the date of issuance of the protested Field Order. However, the Contractor must immediately proceed with the instructions given in the issued Field Order.

If, upon receipt of a written protest of a Field Order, the Division determines that the work referred to in the protest is outside the Scope of Work, the Division will not issue a Field Order and instead will issue a Change Order.

Field Orders, which are interpretations of the requirements of the Scope of Work, may be issued by the Division at any time during the performance of the work. The Contractor, at all times, is required to immediately execute the instructions of all issued Field Orders.

PART 17: CHANGES IN THE SCOPE OF WORK

17.1 The Division's Right to Require Change Orders

The Division may issue a Change Order directing the Contractor to immediately perform extra work that differs from the Scope of Work. The Contractor shall perform the work as directed. The changes in the work will consist of additions, deletions, or other revisions. When the Contractor performs the work, the Offer amount will be adjusted as described within this Scope of Work.

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If the Contractor protests the issuance of the Change Order, any such protest has no bearing on any work requirements arising out of the Change Order in that the Contractor must immediately perform the work required in the Change Order so as not to delay the progress of the work at the Project.

17.2 Unauthorized Work

Only work performed under the Scope of Work or work authorized by a Field Order or a Change Order is eligible for compensation. If the Contractor performs any work or purchases any materials without an approved, applicable Field Order or Change Order, such work performed, and purchases made are within the Scope of Work at no additional cost to the Division.

17.3 Contractor's May Request Change Orders

If the Contractor determines that the Scope of Work does not address conditions at the Project, the Contractor may provide written notice to the Division of the conditions and request a Change Order.

No oral communications will be acceptable as justification for a Change Order.

17.4 Determining Price of a Proposed Change Order

The following methods will be used to determine the price of a proposed Change Order:

a. If a Change Order involves items not listed on the Offer Sheet, the Contractor must present the Division with labor and/or material price quotes for the proposed Change Order item(s).

The Division may request these quotes either in unit prices or as lump sums; or

b. If the work involved in the Change Order is not definable, the Division may request the work be performed on a time and material basis and include a maximum amount to be paid for the work. The method will be based on unit prices for both labor and materials agreed to by the Division prior to the Contractor commencing the work.

17.5 Disputes Regarding Change Order Prices

If the Contractor and the Division cannot agree on the cost of the work for a Change Order, using site-specific information including, but not limited to, Division historic public offer information, the Division will determine and set a fair price for the work and materials that are the subject of the Change Order.

PART 18: PAY ESTIMATES

18.1 General Information

Payments issued to the Contractor as the work progresses are not acceptance of any portion of the work not completed in accordance with the Scope of Work nor do such payments relieve the Contactor of liability with respect to any obligation or any expressed or implied warranties or responsibilities for faulty materials or workmanship.

18.2 Required Review by the Division

Prior to the submittal of each payment request, the Contractor and the Division must meet at the Project site to review the Project progress. The Contractor and the Division's Project Representative must mutually agree on quantity and percent of work completed for all offer items prior to submittal of each payment request. No payment request will be approved for work that has not been approved

8/66 by the Division's Project Representative. Field verification of all lump sum quantities and weight slips for all unit price quantities invoiced must be submitted to the Division’s Project Representative for review during the meeting.

The Contractor's payment request must be submitted to the Division via the Orphan Well Program email at OrphanWellProgram@dnr.ohio.gov. The payment request must include a form furnished by the Division along with all backup documentation. The Division will confirm in writing that the payment request is accurate.

Payment requests received by the Division containing errors or requesting amounts that cannot be approved will be returned to the Contractor. The Contractor may resubmit a payment request after correcting errors.

18.3 Documents to be Submitted for Payment

Once the Division confirms the payment request is accurate, the contractor may submit an invoice on company letterhead to Ohio Shared Services at invoices@ohio.gov. Refer to the instruction on the payment request form furnished by the Division for additional submittal details.

With each request for payment the Contractor certifies that:

a. The request for payment is accurate as to materials and the work completed under the terms and conditions of the Scope of Work and any Change Order, as applicable, including full compliance with all labor provisions; and

b. All subcontractors and material suppliers have been paid for the work or materials that are applicable to all previous payment requests. As certification, each request for payment, at the Division’s request, may need to be accompanied with a properly executed "Waiver of Liens" from all subcontractors and material suppliers to show that all previous payments made by the Division to the Contractor have been applied to fulfill, in full, all of the Contractor's obligations reflected in prior requests for payment.

18.4 Effect of Liens on Payment Requests

All work, materials, and equipment covered by any request for payment, whether incorporated in the Project or not, will pass to the Division at the time of payment free and clear of all liens, claims, security interests and encumbrances.

If there is evidence of any lien or claim that is chargeable to the Contractor, the Division will withhold all payments due to the Contractor to secure such lien or claim. If there are any previous liens or claims after payments are made to the Contractor, the Contractor may be required to refund to the Division a sum of money equal to the sum of all monies that the Division may be compelled to pay in discharging any lien or claim as a result of the Contractor's default.

PART 19: RETAINAGE FOR FINAL STABILIZATION

If the Scope of Work requires revegetation of disturbed area, the Division will retain five percent (5%) of the sum of (1) the Offer amount and (2) all approved Change Orders. The five percent (5%) amount retained shall be released once the Division completes a Final Stabilization Inspection and determines that vegetation has reached final stabilization. “Final stabilization” means vegetation established in a uniform perennial vegetative cover with at least a seventy percent (70%) grass cover. “Final stabilization” also means that no large barren areas exist, and the vegetation is of an equal or better condition than before the

9/66 mailto:OrphanWellProgram@dnr.ohio.gov mailto:invoices@ohio.gov project started. The Contractor must remove all temporary erosion and sediment controls once final stabilization is achieved.

PART 20: REDUCED GAS EMISSIONS CREDITS

No one may directly or indirectly use the reduced gas emissions from wells plugged with State of Ohio funds or Infrastructure, Investment and Jobs Act funds, in whole or in part, to monetize, generate, or collect credits to include but not be limited to carbon, methane, or fugitive emissions, or otherwise use the plugging of wells funded with State of Ohio funds or with Infrastructure, Investment and Jobs Act funds to generate income of any type by offsetting their own or another party’s gas emissions.

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GENERAL SPECIFICATIONS

Unless there is a specific pay item in the Detailed Specifications, the work defined in the General Specification shall be incorporated into other items of work.

PART 1: HOURS OF WORK

The Contractor, the Contractor’s agents, representatives, and subcontractors shall perform plugging projects during the days of Monday through Friday. Work will not be conducted on weekends or state/national holidays except with Division approval or during emergency situations. A workday is defined as eight (8) hours. However, additional hours may be worked with Division approval or during emergency situations.

PART 2: EQUIPMENT

The Contractor equipment shall pass all safety requirements of local, state, and federal agencies. The Ohio Department of Natural Resources, Division of Oil and Gas Resources Management reserves the right to inspect the equipment prior to the Recommendation of Award.

Unless otherwise noted, all equipment and materials required to complete the work described shall be provided by the Contractor.

PART 3: NOTIFICATIONS

3.1 Seven Working Day Notice

The Contractor, the Contractor’s agents, representatives, subcontractors, or independent contractors shall contact the responsible Division Orphan Well Inspector (the “Inspector”) no less than seven (7) working days prior to commencement of work. Notice may be written or oral. This notice will allow the appropriate Division staff time to mark the approved access route and any sensitive areas that need to be left undisturbed.

The Contractor, the Contractor’s agents, representatives, and sub-contractors shall contact each utility company that has utilities that directly affect plugging activities at the well location(s).

3.2 Public 48 Hour Notice

Prior to initiating well plugging operations, the Contractor shall give a minimum of 48-hour notice to the local fire department. Confirmation of this notification shall also be made to the Inspector or the Division Regional Office.

3.3 Emergency Notification

When emergency conditions are encountered, such as a release of hydrogen sulfide gas (H2S), natural gas, crude oil, condensate, or brine that threatens human health, safety or the environment, as described in Ohio Administrative Code 1501:9-08-02, the Contractor shall notify the local fire

11/66 department, the Local Emergency Planning Committee (LEPC) and call the 24/7 incident notification number: 1-844-OH-Call1 (1-844-642-2551) within 30 minutes of the occurrence.

3.4 Plugging Completion Notice

No sooner than three business days after emplacing the uppermost plug, the Division will review the well to determine if any additional plugging work shall be required at that time. If additional work is needed, a Field Order will be issued by the Division. The Field Order shall state what must be completed and what, if any, Change Orders shall be required. If additional work is not needed the contractor shall cut the casing as defined in the Plugging Plan and set the plugged well identification as outlined in these General Specifications and Ohio Administrative Code 1501-9-11-10.

PART 4: ACCESS AND PRESERVATION OF SITE

All costs for the adequate access to the well site for the plugging equipment shall be included in the Offer.

Unless waived, placement of all tanks and equipment shall be subject to Division’s approval. If requested by the Division, access roads will be chained or cabled to prevent unauthorized use.

Special attention shall be given to maintaining trees and other vegetation that have scenic value, provide shade, reduce erosion and runoff, or add to the aesthetics of the area. No trees three (3) inches or larger in diameter shall be removed without the Division’s permission. Any alterations to the natural topography required to provide ingress and egress to the well site must be approved by the Division before work begins.

PART 5: DAMAGE CAUSED BY CONTRACTOR

All damage caused by the Contractor’s negligence in carrying out of this scope of work to any public or private property of any nature whatsoever, including trees, shrubs, and crops, shall be corrected to Division’s satisfaction at the expense of the Contractor. If crops are damaged and the Contractor, landowner, or tenant cannot reach a settlement, the County Cooperative Extension Service shall set a fair price for crop damages and the decision shall be final and binding upon all parties. All subsequent payments due the Contractor shall be withheld until the Contractor provides proof of payment of any such claim.

The Contractor shall be responsible for all costs of repairing or replacing any survey monument that is disturbed or destroyed by the Contractor. The Contractor shall utilize a professional surveyor who is licensed and registered by the State of Ohio to perform the re-establishment of said monuments according to the standards set forth by the governing body or law of said monument. For the purpose of this scope of work, the term survey monument shall apply to any property boundary marker, federal, state or county geodetic benchmark, state, or county right of way monument, FEMA benchmarks or flood elevation markers.

PART 6: SAFETY

The following safety protocols shall be completed for each well that is being plugged. The Division, at its discretion, may waive the requirement if all wells in the project are on the same lease\property.

6.1 Public Safety Coordination Meeting

The Contractor shall hold a safety meeting with the local fire department, Division Emergency Operations staff and Inspector, and other applicable contracting staff prior to commencement of plugging activities. The meeting shall review 1) the safety of the public during operations, 2) the safety of workers during operations, 3) emergency notifications of events, 4) site set up and layout,

5) general overview of operations, 6) nearest hospital’s address and directions.

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6.2 Daily Safety Meetings

The Contractor shall hold a daily safety meeting for all personnel on-site prior to the commencement of work. The Contractor shall provide and maintain a sign in/out sheet for all people on location. The Contractor shall immediately report any accidents and/or safety concerns to the Inspector.

6.3 Operational Standards

The Contractor shall follow the rules established by Occupational Safety and Health Administration (OSHA) Basic Construction Safety 29 CFR 1926 on all onsite project operations.

6.4 Excavation and Trenching Requirements

The Contractor shall follow the notification protocol as specified in Part 3 of the General Specifications before the start of any excavating activities. The Contractor will comply with OSHA Construction Standards for excavation and trenching under 29CFR 1926 Subpart P.

6.5 Hazardous Communications Requirements

The Contractor shall maintain Safety Data Sheets (SDS) for all chemicals stored and/or used on-site.

A copy of all SDS will be supplied to the local Fire Department and to the Division.

6.6 Site Security

The Contractor shall provide and install protective barriers/fencing around the work area to prevent unauthorized access. Ingress and Egress access must be maintained at all times.

6.7 Wind Direction Indicator

The Contractor shall install a windsock in an open area of the well location where it is visible to all onsite personnel. It shall be constructed of high visibility material and deployed no less than six (6) feet above grade during the plugging operations.

6.8 Muster and Smoking Areas

The Contractor shall mark and assign a primary and a secondary muster area daily upwind of the well location. These are to be determined based on prevailing wind direction, as indicated by the windsock.

The Contractor will post an emergency contact information sheet at each muster site. The Contractor will establish a safe location for a designated smoking area.

6.9 Ignition Sources and Parking Areas

The Contractor shall identify and mark all potential ignition sources within a 50-foot radius of the well. The designated parking area will be outside the 50-foot radius from the well.

6.10 Air Monitoring and Worker Safety

The Contractor shall supply and place a 4-gas monitor at the wellhead. The gas monitor must be calibrated and maintained to monitor Methane (CH4), Oxygen (O2), Carbon Monoxide (CO) and Hydrogen Sulfide (H2S).

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Stop work must be followed when any of the levels listed below occur:

• Methane - 1000 parts per million (PPM)/5% Lower Explosive Limit (LEL),

• Oxygen - saturation below 19.5% or above 23%,

• Carbon Monoxide – 50 PPM,

• Hydrogen Sulfide - 10 PPM.

The levels stated above are directly from the Occupational Safety and Health Administration (OSHA) and The National Institute for Occupational Safety and Health (NIOSH) and are standard for air monitoring procedures for safety and work environments. If any of the above levels are alarmed, all personnel will shut down ignition sources and report to the muster area. From the muster area, the Contractor will call 911 for assistance from the local Fire Department.

Division Emergency Operations personnel or the Inspector has the right to stop work if the actions are unsafe or the actions cause or are likely to cause danger to the workers, public, or the environment.

PART 7: MAINTENANCE OF TRAFFIC

The Contractor shall at all times install, maintain, and operate all traffic and traffic control devices in conformance with the requirements of the "Ohio Manual of Uniform Traffic Control Devices for Streets and Highways," hereinafter called The Ohio Manual.

The Contractor shall notify the appropriate public officials and the Division and shall obtain all required permits prior to any lane closure of a public road.

The Contractor shall maintain ingress/egress to all properties associated with the project at all times during the project unless agreed upon in writing by the Division and the landowner.

7.1 STREET CLEANING

The Contractor shall be required to provided street cleaning services in order to remove sediment/debris tracked from the construction site/access drive onto private or public roadways during all phases of the Project.

The Contractor shall work diligently to minimize the amount of sediment tracked onto roadway.

The Contractor will conduct all construction and ingress/egress operations in conformance with Part 9: Erosion and Sediment Control of the General Specifications. Use of other erosion and sediment control measures to prevent sediment runoff during period of rains and non-working hours.

The Contractor will provide street cleaning, such as sweeping or vacuuming, at locations around the project ingress/egress where plugging operations has caused tracking of sediments onto roadways. Mechanical sweepers shall be vacuum-type or regenerative sweepers. Sweeping speed will not exceed 6 mph. A minimum of two passes shall be made. Streets must be cleaned daily before the end of the workday. If excess sediments have been tracked onto the streets or if rain is expected, the Division may direct the Contractor to clean the street as often as necessary to keep the street clean at all times.

The Contractor shall be required to remove and dispose of sediments properly. Removal of collected sediment deposits will be disposed on the project site. If sediment deposits cannot be disposed of on-site, an alternative location will be approved by the Division. No offsite disposal will be in or adjacent to a stream and/or floodplain. Sediments to be placed at the project site will

14/66 be in conjunction with site restoration and should be spread, compacted, covered, and stabilized in accordance with the site restoration line item. Sediment will not be allowed to flush into stream or drainage way and washing or flushing of sediments into adjacent drainage systems is prohibited. If sediment has been contaminated, it will be disposed of in accordance with the contaminated material disposal line item.

The cost of this work shall be included in Contract bid prices for items of which this work is a component.

PART 8: PROTECTION OF EXISTING UTILITIES

Before construction begins, the Contractor, acting as an agent for the Division, shall locate all utilities in the vicinity of the work. The Contractor shall be responsible for complying with the regulations pertaining to utilities in the State of Ohio. The Contractor shall assume all risk for all utilities located in the vicinity of the work, whether above or below the surface of the ground. The Contractor shall also be responsible for all damages and assume all expense for direct or indirect injury, caused by his work, to any of the utilities, or any person or property by reason of injury to them, whether such utilities are or are not shown on the drawings, once they have been uncovered by the work. In compliance with Ohio Revised Code 3781, two working days before digging the Contractor shall contact the Ohio Utility Protection Service (OUPS) and Oil and Gas Producers Underground Protection Service (OGPUPS) using the Ohio811 one call service by calling 811 or by using the i-dig login found on the internet at OHIO811.org. The Contractor shall maintain a current OUPS/OGPUPS call ticket during the entire project.

PART 9: EROSION AND SEDIMENT CONTROL

Temporary erosion control measures are required during the course of this project. These measures may consist of the installation of straw bale dikes, silt fence, filter socks, inlet protection structures, erosion control blankets, energy dissipation, and temporary seeding and mulching.

Once construction begins, the Contractor shall be solely responsible for all construction related to the control of off-site sedimentation. This sediment shall be removed by the Contractor at the Division's direction.

9.1 Temporary Measures

Temporary erosion control structures shown on the Drawing Plan Set, identified with these specifications, or as directed by the Division shall be placed as soon as construction starts and must be maintained during the course of the project. At the direction of the Division, the Contractor shall remove the temporary controls when they are no longer needed or when required permanent control measures have been completed.

If sediment escapes the site, accumulations must be removed at a frequency to minimize further negative effects, and whenever feasible, prior to the next rain event.

The contractor shall be responsible for revegetation of all areas in which sediment escapes the site.

These areas shall be included in the final stabilization of the project and shall be at the cost of the contractor.

9.2 Maximum Exposed Areas

Stabilization measures must be initiated as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, and except as provided below, must

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Where the initiation of stabilization measures by the seventh day after construction activity temporarily or permanently ceased is precluded by snow cover, or frozen ground conditions, stabilization measures must be initiated as soon as practicable.

Where construction activity on a portion of the site is temporarily ceased, and earth-disturbing activities will be resumed within fourteen (14) days, temporary stabilization measures do not have to be initiated on that portion of site.

The Division may limit the area of excavation, borrow and embankment operations in progress commensurate with the Contractor’s capability and progress in keeping the finished grading, re-soiling, mulching, seeding and other such permanent control measures current in accordance with the acceptable schedule.

9.3 Winterization

When an incomplete project will be left exposed throughout the winter season, the Contractor shall furnish the Division a plan indicating the control measures to be installed and maintained until the next construction season.

If the winter period falls within the anticipated construction period of the Scope of Work and as indicated in the original approved construction schedule, control structures will be paid for by the Division at the unit prices in the Offer.

If the project is not substantially completed prior to the winter season due to the failure of the Contractor to meet the completion date, these necessary control structures will be installed and maintained by the Contractor at his expense and these items will not be paid for under the terms of the Scope of Work, except those that are permanent facilities to be left in place in accordance with the Drawing Plans Set and Specifications.

9.4 Other Controls

Off-site vehicle tracking of sediments and the generation of dust must be minimized, and any waste must be properly disposed.

9.5 Inspections

The Division Inspector shall conduct inspections to ensure that the control practices are functional and to evaluate whether the erosion and sediment control measures are adequate and properly implemented.

9.6 Enforcement

The Division shall take appropriate steps to ensure that sedimentation does not leave the project site.

The Division shall require the removal of off-site sediment by the Contractor if such sediment resulted from the Contractor’s negligence to place and maintain sediment control structures in accordance with the Drawing Plan Set and Specifications.

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PART 10: SPILL PREVENTION AND REMEDIATION

The Contractor is expected to prevent and, if necessary, contain and remediate any spills that may occur at the site due to plugging activities. All stationary plugging equipment on well locations that are in tiled farm fields, residential neighborhoods, parks, or in/adjacent to areas determined by the Division to be environmentally sensitive, will be staged on an impermeable liner and berm. The Contractor will have oil absorbent pads and booms available onsite during the plugging operations.

PART 11: HYDROGEN SULFIDE

If the well that is being plugged is known to produce hydrogen sulfide (H2S), the following considerations must be observed:

A. The Contractor must provide the appropriate equipment, on-site, to properly detect and abate any H2S emitted from the well. If the Contractor does not have the appropriate equipment to properly detect and abate any H2S emitted from the well, they will utilize an appropriate party to provide these services.

B. The Contractor will shut-in the well each night after the plugging operations have ceased, unless otherwise instructed by the Division. The Contractor will continue this process until the plugging operations are complete and there are no further signs of a gas release.

PART 12: CASING

The Division reserves the right to require the removal and or placement of any tubing, casing, or liners deemed necessary to properly plug and abandon the well. If a string of casing that would normally be pulled cannot be removed, the Contractor may be required to log the well and perforate the casing, in accordance with the Division’s instructions, so that cement can be circulated behind the casing.

The Contractor shall run an operational string of casing when caving of the well prevents clean out to depth required in the scope of work.

PART 13: DEFINITIONS

13.1 Clean Out

The process in which the contractor would use a smaller diameter tubular to circulate out material from inside a larger diameter wellbore/tubular. This shall include removing mud-laden fluid, prepared clay, bridge plugs (e.g. brush and stone plugs, surface debris), and wellbore cave-in (e.g.

swelling shales, red clays). Equipment needed includes, but is not limited to, tubing, a mud pump, a power swivel/power sub or a tubing swivel, a drill bit with the jets removed and/or a notched collar.

13.2 Drill Out

The process in which the contractor would use a drill string, associated fittings, and a bit to remove an obstruction from inside of the wellbore or casing. This shall include removing cement, grout, wood plugs, or other materials in which a cleanout operation failed to remove. Equipment needed includes, but is not limited to, a mud pump, power swivel/power sub, drill string (including collars and casing or tubing), cross over subs, bit sub, and drill bit.

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13.3 Wash Over

A process in which the contractor would use an intermediate size working string of casing, usually equipped with a carbide coated collar on the bottom joint, to run down over the smaller well tubular and clean out the annular space between the well tubulars. This process would include utilizing a power swivel or power sub to rotate the working string of casing and a mud pump to circulate fluid down between the working string and the outside of the smaller well tubular to wash out the material in the annular space between the well tubulars. This shall include removing mud-laden fluid, prepared clay, cement, grout, field packers, and surface debris. When needed, a wash over bit shall be attached on the bottom of the larger casing to act as a cutting edge for the material on the backside of the tubular being washed over.

13.4 Milling

The process in which the contractor shall use a drill string and bit to remove a metal obstruction from inside of the wellbore or casing. Equipment needed includes, but is not limited to, a mud pump, power swivel/power sub, drill string (includes collars and casing or tubing), cross over subs, bit sub, and mill. The mill type would depend on the material encountered.

13.5 Fishing

The process in which the contractor shall use a specialized tools or fishing tool to eliminate an obstruction from inside of the wellbore or casing. Equipment needed includes, but is not limited to, a fishing tool(s) and fishing string.

13.6 Bail & Grout

The process the contractor shall use when determined that the wellbore can be bailed of all fluid, and grouted. Equipment needed includes, but is not limited to, tubing, a bailer, and a grout pump.

Grout shall be gravity feed to the bottom. This can be done in one application or in stages, depending on the well depth and condition. If the well cannot be bailed completely dry the contractor shall use a siphon string/tremie tube to remove the water from the well during grout application.

PART 14: WELL OBSTRUCTION ASSESSMENT

If an obstruction is encountered in the well bore that prevents the Contractor from reaching total depth, the Contractor will attempt to identify/assess the nature of the obstruction and attempt to remove any obstruction deemed an impediment to the plugging operation. The Contractor will supply impression blocks as part of their normal rig equipment.

PART 15: REMOVAL OF AN OBSTRUCTION

The removal of an unknown obstruction that is encountered during the cleanout of a well may require the use of milling and/or fishing tooling and equipment. The Contractor will include the costs for these services on the appropriate line items in the contingency section of this offer unless these costs are part of a planned procedure. The Division will approve a method for the Contractor to remove the well obstruction. The Division will first utilize contingency specifications and line items to define this work. The Division will not be responsible for milling or fishing charges that are due to Contractor negligence or Contractor equipment failure.

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PART 16: PLUGGED WELL IDENTIFICATION

In compliance with Ohio Administrative Code 1501:9-11-10, a steel plate, a minimum of ¼-inch thick, shall be tack welded on top of all plugged wells. The well’s permit number and “ODNR” shall be welded on the plate in numbers/letters as large as practical. Letters shall have a minimum relief of 1/8-inch.

PART 17: TOILET FACILITIES

Where there are no readily accessible public toilet facilities, the Contractor will provide a portable field toilet on the location during plugging operations.

PART 18: COMPLETION, GUARANTEES AND WARRANTIES

Upon completion of the work described in the Project SOW, the Contractor shall request a Project Completion Inspection be performed by the Division. The Division shall inspect the Project site(s) for completeness and acceptance against the Project SOW, and if the Division determines necessary, develop a list of incomplete and unacceptable work and conditions to be corrected by the Contractor. The Division will reinspect the Project site(s) until the Division determines all work described in the Project SOW is complete and acceptable.

The Contractor warrants (represents) that their work will be conducted in accordance with the standards described in the Project SOW (i.e., the SOW Detailed Drawings and Specifications) and that the Contractor’s work be free of defects. Contractor guarantees their work and materials for a Warranty Period of one year, unless otherwise stated as a special provision of the SOW Detailed Specifications. The one-year Warranty Period commences on the date of inspection on the Project Completion Inspection form that accepted the work.

Should defects develop with the Contractor’s work or materials within the Warranty Period, the Contractor shall, upon written notice of the Division, remedy the defects and any associated disturbance at their own expense.