Specifications.docx

KDHE020

SURFACE MINING BID SPECIFICATIONS

SECTION V

STATEMENT OF WORK

5.1 Background and Scope:

The Surface Mining Unit of the Kansas Department of Health and Environment, Division of Environment, Bureau of Environmental Remediation, (SMU) is the agency responsible for the oversight of active coal mines and the reclamation of abandoned coal mines in Kansas under the Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87). To this end, the SMU has funds available to reclaim various features associated with mines. The project is known as the Mineral Water Well Plugging Project.

Pittsburg-Midway Coal Company mined throughout Cherokee County and utilized water resources for coal washing operations. There is a well remaining from the historic mining operation that has been identified in the NE/4, NE/4 of Section 5, Township 32 South, Range 23 East Cherokee County, Kansas (Approximately: 37.294952°, -94.905081°).

5.2 Services to be Provided:

The Mineral Water Well Plugging Project will consist of plugging one well drilled to a depth of 1190 feet according to the most current edition of the KDHE-Bureau of Water, Geology Section Plugging Packet found at: https://www.kdhe.ks.gov/DocumentCenter/View/1608/Article-30-Water-Well-Contractors-License-Water-Well-Construction-PDF All work shall be performed by a Kansas Licensed Water Well Contractor and shall be done according to all applicable regulations concerning well plugging.

5.3 Deliverables:

The successful bidder shall provide:

(a) The name and address of the landowner and the legal description of the well;

(b) The character and depth of the formation passed through or encountered;

(c) The depth at which water is encountered;

(d) The static water level of the completed well;

(e) A copy of the record of pumping test, if any; and

(f) The construction or reconstruction details of the completed water well including lengths and sizes of casing, length and size of perforations or screens, and length and size of gravel packing; [and]

(g) The amount, type and placement of plug materials used in plugging a water well.

5.4 Timeline

The successful bidder will have 60 days from the contract award to complete the reclamation.

SECTION VI

SPECIAL REQUIREMENTS

Changes to the initial contract shall be made at the recommendation of the Surface Mining Unit with the approval of the Department and the Director of the Office of Procurement and Contracts.

SECTION VII

GENERAL CONDITIONS

1. The successful bidder will provide evidence that they have the ability to field the proper equipment required to execute the work within the time frames stipulated.

2. Bids must be submitted on the “Schedule of Items” provided in the contract bid and construction documents.

3. Should a Bidder find discrepancies in or omissions from the Specifications/Drawings or if there is doubt as to their meaning, the Bidder shall advise the procurement officer at once.

4. A "Notice to Proceed" will be issued by the SMU when the Contract, Bonds, Appointment of Process Agent form (if applicable) and Insurance Documents have been executed by all parties and accepted by the Department of Administration, Office of Procurement and Contracts.

5. Material and Workmanship A. The Contractor shall perform all work and furnish all supplies and materials, machinery, equipment, and means, necessary to complete all the work required by this Contract, within the time specified, in accordance with the provisions of the Contract Documents.

B. Unless otherwise specified in writing, all equipment, materials, and articles incorporated in the work covered by this Contract shall be new, and both workmanship and materials shall be of the best grade of their respective kinds. The Contractor shall, if required, furnish satisfactory evidence as to kind and quality of materials.

C. If not otherwise provided, materials or work called for in this Contract shall be furnished and performed in accordance with best established practice and standards recognized by Architects, Engineers and the Trade.

D. Reference to "Standard" specifications of any association or manufacturer, or codes of State authorities, intends the most recent printed edition or catalog in effect on the date which corresponds with date of the Contract Documents.

E. Whenever reference is made in the Specification that work shall be "performed", "applied", "installed", "finished", "tested", or "connected", in accordance with the "manufacturer's directions or instructions", the Contractor shall furnish printed copies of such instructions when requested by the Owner before execution of the work.

6. “Or Equal” Materials A. Whenever a material, article or piece of equipment is identified on the Drawings or in the Specifications by reference to manufacturers' or vendors' name, trade name, catalog number, etc., it is intended merely to establish a standard; and any material, article, or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article or equipment so proposed is, in the opinion of the Architect/Engineer or the Owner, of equal substance and function. It shall not be purchased or installed by the Contractor without the Owner's written approval.

B. It is the intent of these Specifications to permit the use of materials of any manufacturer so long as they are fully consistent, in the opinion of the Owner, with the quality and performance requirements for the Project. It shall be understood that named material or equipment (including manufacturer, brand, model, type, etc.) has been used to indicate the quality level which is required by the design. Materials or equipment items of other manufacturers may be used only upon the following conditions:

1) That, in the opinion of the Owner, the proposed material or equipment item is fully equal (in design, materials, construction, workmanship, performance, finish, physical size, etc.) to the named item. No compromise to lower quality level, however small, is acceptable.

2) That in substituting materials or equipment, the Contractor assumes responsibility for any changes in system or for modifications required in adjacent or related work to accommodate such substitution, despite the Owner's approval and all costs growing out of the approval of "or equal" items shall be the responsibility of the Contractor. None of the extra costs resulting from such approval shall be the responsibility of the Owner.

3) It shall be understood that the use of materials or equipment other than those specified, or approved equal by the Owner shall constitute a violation of contract, and that the Owner shall have the right to require the removal of such materials or equipment and their replacement with the specified materials or equipment at the Contractor's expense.

C. No request for approval of "or equal" materials will be entertained except from the Contractor under whose jurisdiction the work in question is to be provided.

7. Permit and Regulations A. The Contractor shall comply with all state laws, codes, rules, regulations, and permits relating to the performance of the work, the protection of adjacent property, and the maintenance of passageways, guard fences or other protective facilities.

B. The Contractor shall promptly notify the Owner of any variances of the Drawings or Specifications with that of any State law, code, rule, regulation, or permit. Upon such notification, the Owner will require correction of variance to comply with applicable law, code, rule, regulation, or permit at no additional cost to the Contractor.

C. If charges for water, sewer and other utility connections made by municipalities are costs which the State is obligated to pay, the Contractor shall pay these charges where required by the Specifications.

8. Contractor’s Obligations and Superintendence A. The Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, and superintendence, necessary to execute, complete, and deliver the work within the specified time.

B. Any work necessary to be performed after regular working hours, or on Saturdays, Sundays, or Legal Holidays, shall be performed without additional expense to the Owner.

C. The Contractor shall furnish, erect, maintain, and remove such temporary facilities as may be required.

D. The Contractor shall observe, comply with, and be subject to all terms, conditions, requirements, and limitations of the Contract Documents, and shall complete the entire work to the extent of quality and workmanship implied by the Contract Documents and in a manner which will warrant acceptance by the Owner.

E. At the site of the work the Contractor shall give his personal superintendence to the work or shall employ a construction superintendent or foreman, experienced in work of character covered by contract, who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Owner and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll. The superintendent or foreman shall coordinate and enforce requirements of the contract whether the particular item of work be under his direct supervision or under subcontract. He shall insure that work is executed by experienced personnel.

F. The presence and observation of the work by a representative of the Owner shall not relieve the Contractor of any of his obligation.

G. The Contractor shall be responsible for the conduct of Contractor's employees and the employees of subcontractors and suppliers on the work site. The Contractor shall take immediate steps to remedy any activity which may be construed as discriminatory or which creates a hostile work environment. Activities covered by this provision include, but shall not be limited to, signs or language that are vulgar, profane or racially or sexually derogatory.

9. Weather Conditions In the event of temporary suspension of work, or during inclement weather, or whenever the Owner shall direct, the Contractor shall cause his personnel to carefully protect the work and materials against damage or injury from the weather. If, in the opinion of the Owner, any work or materials have been damaged or injured by reason of failure on the part of the Contractor or any of his Subcontractors so to protect the work, such materials shall be removed and replaced at the expense of the Contractor.

10. Protection of Work and Property - EMERGENCY A. The Contractor shall at all times safely guard the Owner's property from injury or loss in connection with this Contract. They shall at all times safely guard and protect their own work, and that of the adjacent property, from damage. The Contractor shall replace or make good any such damage, loss or injury unless such be caused directly by errors contained in the Contract, or by the Owner, or his duly authorized representative.

B. In case of an emergency which threatens loss or injury of property, or safety of life, the Contractor will be allowed to act, without previous instructions from the Owner, in a diligent manner. They shall notify the Owner promptly thereafter. Any claim for compensation by the Contractor due to such extra work shall be promptly submitted to the Owner for approval.

11. Inspection and testing of Materials A. The authorized representatives and agents of State government shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records.

B. They shall at all times have access to the work wherever it is in preparation or progress and the Contractor shall provide facilities for such access and for inspection.

C. Should it be considered necessary or advisable at any time before final acceptance of the entire work to make an examination of work already completed, by removing or tearing out same, the Contractor shall, upon request of the Architect/Engineer or the Owner promptly furnish all necessary facilities, labor and materials. If such work is found to be defective in any aspect, due to fault of the Contractor or his Subcontractors, he shall assume all expenses of such examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the Contract, the Contractor will be reimbursed for such examination and replacement in accordance with Article 15 of these General Conditions.

D. If the Contract Documents require any work to be specially tested or approved, the Contractor shall give the Architect/Engineer or Construction Representative timely notice of its readiness for testing or inspection. Such materials and equipment requiring testing, shall be tested in accordance with accepted or specified standards, as applicable. The laboratory or inspection agency shall be acceptable to the Architect/Engineer or the Owner and the Contractor will pay all costs incurred by the specified testing and laboratory procedures. Should retesting be required, due to failure of initial testing, the cost of such retesting shall be borne by the Contractor.

E. The cost of any testing performed by manufacturers or Contractors for the purpose of substantiating acceptability of proposed substitution of materials and equipment, or the necessary conformance testing in conjunction with manufacturing processes or factory assemblage, shall be borne by the Contractor or manufacturer responsible.

12. Reports, Records, and Data The Contractor shall submit to the Owner quantities and costs, progress schedules, payrolls, reports, estimates, records and other data as the Owner may request concerning work performed or to be performed under this Contract.

13. Correction of Work A. All work, all materials whether incorporated in the work or not, and all processes of manufacture and places of manufacture shall be at all times subject to the inspection of the Owner or their representative, who shall be the final judge of the quality and suitability of the work, materials, and processes of manufacture for the purposes for which they are used. Should any of the aforementioned items fail to meet the approval of the owner or the owner’s representative, they shall be forthwith reconstructed, made good, replaced or corrected, as the case may be, by the Contractor at their own expense. Rejected material shall be removed from the site as soon as replacement can be affected without substantial delay to the Project.

B. If the Contractor defaults or neglects to carry out the work in accordance with the Contract Documents or fails to perform any provision of the Contract, the Owner may, after written notice to the Contractor and without prejudice to any other remedy he may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including the cost of the owner’s additional services made necessary by such default, neglect or failure. Such Change Order shall not require the approval of the Contractor.

14. Subsurface Conditions Found Different Should the Contractor encounter subsurface or latent conditions at the site materially differing from those indicated in the Contract Documents, they shall immediately give notice to the Owner of such conditions before they are disturbed. The Owner will thereupon promptly investigate the conditions, and if they finds that the conditions materially differ from those indicated in the Contract Documents, the Owner will at once make such changes as they may find necessary, any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in Article 19 of the Special Provisions Section.

15. Right of Owner to Terminate Contract A. In the event that any of the provisions of this Contract are violated by the Contractor, or by any of his Subcontractors, the Director of the Office of Procurement and Contracts may serve written notice upon the Contractor and the Surety of his intention to terminate the Contract. Such notice is to contain the reasons for such intention, and unless within ten (10) days after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement or correction be made the Contract shall upon expiration of said ten (10) days, cease and terminate.

B. In the event of any such termination, the Director of the Office of Procurement and Contracts shall immediately serve notice thereof upon the Surety and the Contractor, and the Surety shall have the right to take over and perform the Contract. Provided, however, that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination, the Owner may take over the work and prosecute the same to completion at the expense of the Contractor, and the Contractor and his Surety shall be liable to the Owner for any excess cost above the original Contract amount occasioned the Owner thereby. In such event, the Owner may take possession of and utilize in completing the work, such materials, appliances and plant as may be on the site of the work and necessary therefor.

16. Construction Schedule and Reports A. Immediately after execution and delivery of the Contract and before the work commences the Contractor shall meet with the other Contractors and/or Subcontractors and have each establish an estimated construction progress schedule. The Contractor shall then coordinate each Contractor's or Subcontractor's schedule and establish a mutually acceptable schedule for the entire progress of the work and shall deliver the schedule to the Owner in a form satisfactory to the Department at the pre-construction meeting.

B. The construction progress schedule shall include as a minimum the following:

1) Procurement and delivery dates for all equipment and material.

2) Weekly definition of extent of work and activity for each trade under each Contract or Subcontract.

3) Intended time for starting and completing each activity including indication of float time.

C. The progress schedule shall be maintained current at all times by the Contractor. Revisions shall be made in the same detail as the original and shall be accompanied by written explanation of the reasons for the revision and shall be subject to the approval of the Owner.

D. The Contractor shall submit monthly to the Owner, during the pay estimate meetings, progress reports showing actual percentage of each activity completed, estimated future progress and anticipated completion time of such activity.

17. Payments to Contractors A. The Owner will make partial payments to the Contractor for the value, proportionate to the amount of the Contract, of all labor and material incorporated in the work during the preceding calendar month upon verification and approval of the Owner.

B. The Contractor shall submit to the Owner a request for each payment, on the form provided by, and as directed in, the written notice to proceed or subsequent instructions. This request shall be submitted in the number of copies directed, and shall include the Contractor's detailed estimate of all items and activities of work completed, in the space provided on the form. If requested, the statement will be supported by such evidence as may be required, showing the Contractor's right to the payment claimed.

C. Request for payment for preparatory work and materials delivered and suitably stored at the site to be incorporated into the work at some future period, will be given due consideration. The Owner may, under certain circumstances, approve payment up to 90% of the value of manufactured products delivered to a suitable warehouse at or near the locale of the Project. Stored products shall be insured to 100% of their value. A paid receipt, including an itemized inventory of all stored products, shall be obtained and provided the Owner.

D. Payments by the Owner will be due within 30 days after verification of the request for payment from the Contractor.

E. Ten percent (10%) of the certified amount of each payment will be retained until final completion and acceptance of all work covered by the Contract. However, if upon request of the Contractor, and any time after 50 percent of the work has been physically completed, the remaining payment amounts may be made in full if the Owner finds that the progress of the work corresponds with the Contractor's construction progress schedule and the installed work is in conformance with the intent of the Contract Documents. The retained amount will remain at the constant level which was withheld at the time of 50% completion. The Owner reserves the right to reinstate the retainage on future payment requests if progress falls behind the construction progress schedule or work is not in conformance with the intent of the Contract Documents.

F. All material and work covered by partial payments made shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor from the sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of all of the terms of the Contract.

G. Upon Substantial Completion of the Contract, retainage may be reduced to five percent (5%) of the Contract amount or to an amount deemed sufficient by the Owner to protect his rights and interests for any remaining work to be completed or unresolved issues or disputes. Final payment will be made within thirty (30) days after final completion of the work.

H. On completion and acceptance of the work in the Contract, payment shall be made in full, including retained percentages thereon, less authorized deductions.

I. Prior to final payment the Contractor shall submit a certification that all debts and claims against this Project have either been paid in full or otherwise satisfied, and give final evidence of release of all liens against the project and its Owner.

18. Withholding of Payments A. The Owner may, after having served written notice on the Contractor, either pay directly any unpaid bills of which the Owner has written notice, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged. Whereupon payment to the contractor shall be resumed, in accordance with the terms of this Contract, but in no event, shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor or his Surety.

B. In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner, shall be considered as a payment made under the Contract by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payment made in good faith.

C. The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, material suppliers, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this Contract.

19. Payments to Contractors The Contractor shall promptly pay each Subcontractor and supplier, upon receipt of payment from the Owner, out of the amount paid to the Contractor the full amount to which said Subcontractor or supplier is entitled, if any, from payments to the Contractor on account of each Subcontractor's work or materials supplied to the project.

20. Quantities of Estimates Wherever the estimated quantities of work to be done and materials to be furnished under this Contract are shown in any of the documents, including the proposal, they are given for use in comparing bids and the right is especially reserved to increase or diminish them as they may be deemed reasonably necessary or desirable to complete the work contemplated by this Contract. Such increase or diminution shall in no way vitiate this Contract, nor shall any such increase or diminution give cause for claims or liability for damages.

21. Conflicting Conditions A. In case of ambiguity or conflict between the Drawings and Specifications, the Specifications shall govern.

B. Figured dimensions shall be followed in preference to measurements by scale. Large scale drawings take precedence over small scale drawings. Dimensions on drawings and details are subject to field measurements of adjacent work.

22. Suspension of Work Should the Owner be prevented or enjoined from proceeding with the work either before or after the start of construction by reason of any litigation or other reason beyond the control of the Owner, the Contractor shall not be entitled to make or assert claim for damage by reason of said delay; but time for completion of the work will be extended to such reasonable time as the Owner may determine will compensate for time lost by such delay; such determination to be set forth in writing.

23. Safety A. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws and building and construction codes shall be observed. Machinery, equipment and hazards shall be guarded, and all hazards shall be guarded or eliminated in accordance with the safety provisions of the Manual of Accident Prevention in Construction, published by the Associated General Contractors of America; Safety and Health Regulations for Construction, published by Bureau of Labor Standards, U.S. Department of Labor, and Occupational Safety and Health Administration, U.S. Department of Labor, and the Construction Safety Standards published by the U.S. Department of the Interior, Office of Surface Mining Reclamation and Enforcement.

B. It shall not be the responsibility of the Owner or Architect/Engineer to enforce or direct safety rules or procedure.

24. General Guarantee A. Neither the final payment nor any provision in the Contract shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any expressed warranties or responsibility for faulty materials or workmanship.

B. The Contractor shall remedy and make good all defective workmanship and materials and pay for any damage to other work resulting therefrom, which appear within a period of one year from the date of final inspection and acceptance, providing such defects are not clearly due to abuse or misuse by the Owner. The Owner will give notice of observed defects with reasonable promptness.

C. Guarantee on work executed after certified date of final inspection and acceptance will begin on the date when such work is inspected and approved by the Owner.

D. Where guarantees or warranties are required in sections of specifications for periods in excess of one year, such longer terms shall apply.

25. Liquidated Damages A. The Owner shall be entitled to liquidated damages to cover the costs of extra observation, the salaries of contingent forces and other expenses incurred by the Owner due to delays in completion of the work caused by the Contractor.

B. Liquidated damages shall be assessed in an amount per day as indicated below for each calendar day following the established Project completion date that the Project is not substantially completed. Such sum shall be deducted from the Contract by Contract Change Order prior to final payment.

C. Liquidated damages are established at the rate of $250.00 per calendar day.

26. Substantial Completion A. When the Contractor considers the work ready for full utilization by the Owner, the Contractor shall declare in writing to the Owner that the work is substantially complete and request that the Owner issue a Notice of Substantial Completion therefor.

B. Within a reasonable time thereafter, the Owner and Contractor shall make an inspection of the work to determine the status of completion. If the Owner does not consider the work substantially complete, the Owner shall notify the Contractor in writing giving reasons therefor. If the Owner considers the work substantially complete, the Owner shall prepare and deliver to the Contractor a Tentative Notice of Substantial Completion which will fix the date of Substantial Completion and the release of any part of the retainage. The notice shall include a tentative list of items to be completed or corrected before final acceptance.

C. "Substantial Completion" means that all major items have been completed and that only minor items need to be completed.

27. Final Inspection and Acceptance A. Upon written notice that the Contractor considers all work complete, the Owner shall make a final inspection with the Contractor and shall notify the Contractor in writing of incomplete or defective work revealed by the inspection.

B. After the Contractor has remedied all deficiencies to the satisfaction of the Owner and delivered all construction records, schedules, guarantees, Bonds, certificates of inspection, and other documents (all as required by the Contract Documents), the Contractor shall be promptly notified in writing by the Owner that the work is acceptable.

28. Overtime No work shall be done between 5:00 p.m. and 8:00 a.m., nor on Saturdays, Sundays, or legal holidays without permission of the Owner.

29. Underground Installations A. Existing underground installations are indicated on the drawings only to the extent such information was made available to or discovered by the Architect/Engineer or the Owner in preparing the drawings. There is no guarantee as to the accuracy or completeness of such information, and all responsibility for the accuracy and completeness thereof is expressly disclaimed.

B. The Contractor shall be responsible for discovery of existing underground installations, in advance of excavating by contacting all local utilities and Kansas One Call at 1-800-344-7233.

30. Inspection of Construction A. The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Owner. All work shall be subject to the Owner's inspection and tests at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the Contract.

B. The Owner's inspections and tests are for the sole benefit of the Owner and do not:

1) Relieve the Contractor of responsibility for providing quality control measures;

2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

3) Constitute or imply acceptance; or

4) Affect the continuing rights of the Owner after acceptance of the completed work under paragraph (G) below.

C. The presence or absence of the KDHE Inspector does not relieve the Contractor from any contract requirement. Nor is the KDHE Inspector authorized to verbally change any term or condition of the specification. All changes in the work must be authorized in writing.

D. The Contractor shall promptly furnish, without additional charge, all facilities, labor and materials reasonably needed for performing such safe and convenient inspections and tests as may be required by the Owner. The Owner may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test or when prior rejection makes reinspection or retest necessary. The Owner shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the Contract.

E. The Contractor shall, without charge, replace or correct work found by the Owner not to conform to Contract requirements, unless in the public interest the Owner consents to accept the work with an appropriate adjustment in Contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

F. If the Contractor does not promptly replace or correct rejected work, the Owner may (1) by Contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

G. Unless otherwise specified in the Contract, the Owner shall accept, as promptly as practicable after completion and inspection, all work required by the Contract or that portion of the work the Owner determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Owner's rights under any warranty or guarantee.

31. Site Investigation and Conditions Affecting the Work A. The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has been investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water electric power, and roads; (3) uncertainties of weather, river stages, tides or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance.

B. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Owner, as well as from the drawings and specifications made a part of this Contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Owner.

C. The Owner assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Owner. Nor does the Owner assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its employees or agents before the execution of this Contract, unless that understanding or representation is expressly stated in this Contract.

SCHEDULE OF ITEMS

This Bid covers all materials, labor, tools, equipment, and supervision required for the Mineral Water Well Plugging Project; the bid items are outlined below.

For UNIT PRICE items, the Unit Amount is the Unit Price multiplied by the Estimated Number of units given. The sum of the Unit Amounts for each item constitutes the Unit Price item bid amount.

Only those amounts shown in the BID AMOUNT will be considered for bidding purposes for the TOTAL BASE BID for the project.

MINERAL WATER WELL PLUGGING

CATEGORY 2 (WELL DEPTH 501’ – 1200’)

Schedule of Items

Item

Drilling Services

Water Hauling Services

Wireline Services-Cased Hole

Earthwork Services

Cementing Services

TOTAL BASE BID $

Notes: LS = lump sum; EA = each; HR = Hour;

Agreements:

The undersigned agrees to the following terms and conditions:

Declarations:

The undersigned hereby declares the Bidder has carefully examined the Drawings and Specifications, has visited the actual location of the Work, has satisfied themselves as to all conditions and understands that, in signing this Form of Bid, the Bidder waives all right to plead any misunderstanding regarding same and agrees to be bound by the provisions of said Drawings and Specifications and all statements made therein.

The undersigned proposes to enter into Contract and to furnish and pay for the specified Bonds and other required Documents within fifteen (15) working days after award of Contract.

Signature and Seal:

Dated this Day of , 2024.

Legal Name of Person, Firm or Corporation

Mailing Address for the above

Signature and Seal: (continued)

(If Bid is submitted by a Corporation, affix seal here.)

Bidder's Contracting Identification Number:

To help facilitate the Awarding of Contract and subsequent payment(s) processes, the bidder gives the FEIN (Federal Employers Identification Number) or the SSN (Social Security Number) planned for use when making application for partial or full work compensation. (Use space provided above).

Major Subcontractors List The following firms are identified by the Bidder as major subcontractors for this Project.

AVAILABLE EQUIPMENT LIST

Type of Equipment Method of obtaining (Own, rent, specify other Please attach a listing.

ABANDONED WELL PLUGGING

CATEGORY 2 (WELL DEPTH 501’ – 1200’)

Bid Item Description

Final payment will be based on the actual amounts of equipment usage and/or services provided at the specified bid rate. The Contractor acknowledges that a ‘no charge’ or ‘$0’entry on any line item of the above schedule of items means that the Contractor will perform all such services, as required by the SMU for this Project, at NO additional charge.

Bid Item 1- Mobilization-Contractor Supervision: includes mobilization of all the necessary equipment to the jobsite and supervision throughout the completion of the project. Demobilization of all equipment is subsidiary of this item.

Bid Item 2- Drilling Services: The Contractor shall provide all necessary labor, materials, equipment, and services to perform Drilling Services under the Contract. Such labor, materials, equipment, and services shall include at a minimum:

a. A truck mounted mud rotary rig and crew that is capable of drilling inside of 2" pipe. The rig must have the ability and equipment necessary to retrieve a variety of lost pipes in the wellbore (i.e., 1" left handed pipe and “fishing tools”) and be capable of drilling new hole to a minimum depth of 1200’.

b. Pulling Unit with crew that can pull a minimum of 1200’ of 2" pipe in a reasonable time frame. This pulling unit shall also be equipped with tubular working strings, “fishing tools” as necessary, and cementing strings used to plug the wells.

c. Wash Down Pump shall be provided to wash down the plugging string. The pump must be capable of pumping 3 barrels per minute.

Bid Item 3-Water Hauling Services: The Contractor shall provide all necessary labor, materials, equipment, and services to perform Water Hauling Services under the Contract. Such labor, materials, equipment, and services shall include at a minimum a 70 barrel, or greater, vacuum truck with operator for use in hauling fresh water to the well sites and to empty fluids from on-site pits and remove same to authorized Class II disposal facilities.

Bid Item 4-Wireline Services: The Contractor shall provide oilfield wireline equipment with operator capable of performing cased-hole perforating services in 2” or larger pipe size, or 2” tubing with sufficient charge capability to perforate multiple strings of casing.

Bid Item 5-Earthwork Services: The Contractor shall provide all necessary labor, materials, equipment and services to perform Earthwork Services under the Contract. Such labor, materials, equipment and services shall include at a minimum:

a. A tractor mounted loader / backhoe (50 horse or greater) and operator capable of excavating wellheads and constructing circulation pits for plugging operations.

b. Dozer-A bladed dozer (D5 or larger) with operator capable of assisting in moving equipment onto the site and in restoration work associated with abandoned facilities located at the project site. Dozer must be equipped with winch and cable.

c. Excavator-An excavator with a 22 ft. reach and a one cubic yard capacity bucket for use in site preparation and restoration operations at abandoned facilities located at the project site.

Bid Item 6-Cementing Services: The Contractor shall provide all necessary labor, materials, equipment, and services to perform Cementing Services under the Contract. Such labor, materials, equipment, and services shall include at a minimum Oilfield grade Portland cement with additives in quantities as necessary to complete plugging operations. Equipment must at a minimum be capable of pumping at 1000 P.S.I. be able to handle 200 sacks of cement. The pump should also be capable of pumping three barrels a minute.

Bid Item 7-Cement Pump Charge: The Contractor shall provide oilfield cementing equipment and operators capable of mixing and pumping SMU approved cement slurry volumes. Equipment must at a minimum be capable of pumping at 1000 P.S.I. and be able to handle 200 sacks of cement at this location. The pump should also be capable of pumping three barrels a minute. It is anticipated that the well will require pumping some cement to fill the formation then return the next day to fill the casing.

Bid Item 8-Welding Services: The Contractor shall provide all necessary labor, materials, equipment, and services to perform Welding Services under the Contract. Such labor, materials, equipment, and services shall include at a minimum: Cutting torch and arc welding services to be used in preparing wellheads for plugging operations and cutting off casing after plugging operations are complete.

Bid Item 9-Disposal Fees: If deemed necessary by the SMU, excess fluid from the cementing shall be disposed of in an approved disposal well.

Transportation and Delivery Charges: The Contractor will be paid only for the time the equipment is in use or when services are being performed. The Contractor, on a one-time basis, will be paid the bid price per hour per piece of equipment to deliver the equipment to the project site. The SMU will not pay for any other transportation costs to and from the site during the length of the project. In the case where a vacuum truck is hauling fluids to or from the plugging site, the price per hour bid will be paid for the time between pickup and disposal site, taking the most direct and timely route, and provided the route does not exceed 60 miles round trip. The cost of transportation or delivery of cement to the project should be taken into consideration by the Contractor when the bid is submitted and will not be paid for separately by the SMU.

Safety: Compliance with laws:

Contractor shall abide by all applicable State and Federal laws and regulations, including safety laws. Contractor shall require subcontractors and vendors to comply strictly with all applicable laws. No SMU project shall be commenced until Kansas One-Call has marked the site. Contractor shall secure the Project site to prevent access to the site except by authorized personnel. The Contractor shall take reasonable and appropriate precautions to prevent foreseeable damage or injury to those persons who are likely to be at or near the Project, for work, business or pleasure.

SPECIFICATIONS

Mineral Water Well Plugging Project.

Cherokee County, Kansas

These are the specifications for the plugging of one (1) water well at the Mineral Water Well Plugging location in Cherokee County, Kansas. The well is located in the NE/4, NE/4 of Section 5, Township 32 South, Range 23 East Cherokee County, Kansas (Approximately: 37.294952°, -94.905081°).

The plugging of the above well shall be with grout and/or bentonite and shall be in accordance with the most current edition of the Kansas Department of Health and Environment (KDHE) Well Plugging Packet as prepared by the KDHE, Bureau of Water, Geology Section. The work shall also be performed as specified herein and to the satisfaction of the SMU.

The work shall include Gamma logging and Bond Logging (or other suitable logging approved by the SMU) to determine the condition of the well and casing and to determine if voids exist between the casing and the borehole. Plugging operations shall include perforation of the casings as needed to insure proper plugging. Per the regulations, the top 20 feet of casing shall be removed or perforated and grouted. Copies of the logs of the work performed for each well (as required by the regulations) shall be submitted to the SMU upon completion of the work as well as any other agency required by regulation. The logs shall include all information as required by KSA 82a-1212. The pumps, piping, and other items removed from the wells shall become the property of the Contractor for disposal off-site.

All work shall only be performed by a Kansas Licensed Water Well Contractor. The Bidder shall submit a Total Base Bid price for the work noted above. The prices shall include mobilization, site access, pumping, removal of well house, site preparation, the satisfactory removal of all pumps, piping and other items within the well and the plugging work area. All work shall be in accordance with KDHE regulations. The area disturbed shall be stabilized with straw mulch at the rate of 2 tons per disturbed acre. Access to the site is limited and any the Bidder must include any special provisions needed for access as part of their Mobilization Bid Amount. The Unit Prices will be used to determine the final Total Base Bid which will be considered full compensation for the furnishing of all supervision, labor, materials, tools, and equipment necessary for a completed job.

Perform…