OWP - Athens 17F (Amended)

SCOPE OF WORK
ATHENS #17F PROJECT
Multiple Orphan Well Sites
Athens County, Multiple Townships
PROJECT DESCRIPTION
FEDERAL FUNDED PROJECT:
Note: This project will be FEDERALLY FUNDED. Contractors/subcontractors shall comply with
additional requirements related to this project being federally funded.
The Athens #17F Project shall include the following wells:
Ingress/Egress Latitude, Wellhead Latitude,
Well Name API Number County Township Longitude Longitude
Beasley, Jennie #1 34-009-2-0-704-00-00 Athens Ames 39.404791, -82.020372 39.399349,-82.019302
Conner, Fred & Helen #1 34-009-2-1501-00-00 Athens Ames 39.396818,-82.016590 39.395926,-82.016366
Linscott, EE #1 34-009-6-1752-00-00 Athens Ames 39.406902, -81.999200 39.408823,-82.004165
Kasler, AA #1 34-009-2-0728-00-00 Athens Ames 39.405738, -82.015972 39.408501,-82.008789
Lucas, L #2 34-009-2-1558-00-00 Athens Canaan 39.347349, -81.941391 39.347043,-81.949925
Lucas #1 (Merril Mead) 34-009-2-0240-00-00 Athens Canaan 39.347725, -81.965402 39.346328,-81.964446
Lucas #1 34-009-2-1546-00-00 Athens Canaan 39.340709, -81.953220 39.340919,-81.950318
Matthews, Marjorie #1 34-009-2-1502-00-00 Athens Ames 39.396898, -82.014567 39.397765,-82.013792
Morris, Pearl #1 34-009-2-0690-00-00 Athens Ames 39.399318, -82.021574 39.397503,-82.023669
Phillips, Frederick #1 34-009-6-0254-00-00 Athens Ames 39.381962, -81.991477 39.381867,-81.992706
PROJECT SCOPE OF WORK: This project includes mobilization, access and well site development,
drilling or cleaning out of and plugging of the above Orphan Wells, storage and disposal of all materials
generated during the plugging of the wells, 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.

SCOPE OF WORK
Athens 17F PROJECT
Multiple Orphan Well Sites
Athens County, Multiple Townships
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. Davis-Bacon Wage Requirements;
4. General Conditions;
5. General Specifications;
6. Sequence of Work;
7. Well Description;
8. Plugging Plan;
9. Detailed Specifications;
10. Appendix I - Ohio One-Call;
11. Appendix II - Well Records;
12. Appendix III - Permits & Permit Conditions;
13. Quantity Sheet;
14. & Drawing Plan Set;
15. Davis Bacon Wage Determination.
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.

SCOPE OF WORK
Athens 17F PROJECT
Multiple Orphan Well Sites
Athens County, Multiple Townships
GENERAL CONDITIONS
PART 1: OHIO DEPARTMENT OF TRANSPORTATION SPECIFICATIONS
This Athens 17F 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 a Contractor's representative must attend the pre-site meeting. A contractor representative
may only be a representative for one DAS pre-qualified contractor on a project.
Failure to attend the pre-site meeting is grounds for the Division to reject the Contractor's Offer. A
Contractor or Contractor's representative must be present for the entire pre-site meeting to be considered
in attendance.
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 or contractors' representatives present. Only those contractors
or contractors' representatives 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 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 be considered 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
the Contractor's 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
all applicable laws and permit requirements, 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 be considered 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. The 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 DAS pre-qualified Contractor shall not submit offers on a project in which the contractor has committed
as a subcontractor, who will perform more that 50 percent of the project as a subcontractor, to another DAS
pre-qualified Contractor submitting an offer on the same project. Any DAS pre-qualified Contractor who
submits an offer and will not self-perform more than 50 percent of the work shall self-report to the Project
Engineer in writing prior to award the project's subcontractors and each subcontractor's percent award of
the project. Any DAS pre-qualified Contractor who submits an offer shall supply upon request to the Project
Engineer the project's subcontractors and each subcontractor's percent award of the project. Substitution
of subcontractors after award shall be per the DAS contract. A DAS pre-qualified Contractor who will
perform more than 50 percent of the work on a project as a subcontractor will have this project considered
when reviewing whether the Contractor is behind schedule for awarding work. Additionally, when the
Division is considering if a Contractor is behind schedule, all Orphan Well Program work and deadlines
will be considered (Construction Manager at Risk subconsultant work and Landowner Pass-through
Payment Program).
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 offer has been successfully imported into OhioBuys for all items before
submitting. Incomplete offers and/or attachments will not be evaluated.
6. The most recent offer submitted in OhioBuys will be the offer that is evaluated, all prior
offers submitted in the same solicitation will not be evaluated.
7. The Contractor or Contractor's representative must attend the pre-site meeting.
Failure to attend the site meeting is grounds for the Division to reject the Contractor's
Offer.
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;
* Is not able to schedule this project within the contract due dates.
* Is committed to perform more than 50 percent of the work on this project as a subcontractor to
another DAS pre-qualified Contractor on the project;
* Is a prime Contractor who has more than 50 percent of the work committed by a subcontractor who
also submitted an offer as prime Contractor; or
* Failed to identify prior to award project subcontractors and their percent award upon request.
PART 7: WITHDRAW 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 within three (3) months of the end of the contract and the
Contractor shall continue diligently working toward the completion of the project once work has
commenced. The Project must be completed eighteen (18) months after the effective date or by June
30, 2027, whichever is sooner. If the Project terminates on June 30, 2027 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.
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: USE OF DOMESTIC STEEL AND BUY AMERICAN ACT
(For Federally Funded Projects only)
For infrastructure projects that utilize federal funds, the contractor and subcontractors shall comply with
Executive Order No. 14005 Ensuring the Future Is Made in All of America by All of America's Workers;
the Code of Federal Regulations Title 2, Subtitle A, Chapter I, Part 184; U.S.C. 52.225-11 Buy American-
Construction Materials under Trade Agreements (Nov 2023) clause; and Buy America Preferences for
Infrastructure Projects and the Infrastructure and Jobs Act (Public Law 117-58) Division D, Title IX,
Subtitle A, Part I, Buy America Sourcing Requirements. The Contractor and subcontractors are required by
law to supply domestically produced iron or steel products, manufactured products, and construction
materials such as non-ferrous metals (steel, iron, aluminum), plastics, PVC pipe, glass, fiber optic cable,
optical fiber, engineered wood, and lumber products for infrastructure on all projects funded in whole or in
part with federal funds. The Infrastructure, Investment, and Jobs Act (Public Law 117-58) Division D, Title
IX, Subtitle A, Part I, Buy America Sourcing Requirements exempts cement, cementitious materials,
aggregates such as stone, sand, gravel, or aggregate binding agents or additives from these requirements.

PART 13: 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 14: 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 15: QUANTITIES OF WORK
15.1 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.
15.2 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.

15.3 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 16: 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 17: 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, which includes acknowledgment and
signature of issued Field Order documents.
PART 18: CHANGES IN THE SCOPE OF WORK
18.1 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.

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.
18.2 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.
18.3 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.
Fishing/milling tools and associated appurtenances submitted as Change Order items shall be at cost.
No markup on these items will be accepted by the Division.
18.4 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.
18.5 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 19: PAY ESTIMATES
19.1 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.
19.2 Required Review by the Division

Prior to the submittal of each invoice, 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 percentage of work completed for all offer items prior to submittal of
each invoice. No invoice will be approved for work that has not been approved 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.
All Field Orders and/or Change Orders issued prior to an invoice must be signed/acknowledge by the
Contractor for the Division to consider an invoice for approval.
The Contractor's payment must be submitted to the division via the Orphan Well Project
Management Contractor Portal (https://dnr-ow-prod.powerappsportals.us/). The invoice must
include back up documentation. The Division will confirm the invoice is accurate.
For Federally Funded Projects: The Contractor/Subcontractor shall submit payroll reports with
each Invoice. Payroll reports shall be completed according to Part 3 of the Davis-Bacon
Requirements included in the Scope of Work.
Invoices received by the Division containing errors or requesting amounts that cannot be approved
will be returned to the Contractor. The Contractor may resubmit an invoice after correcting errors.
19.3 Documents to be Submitted for Payment
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 invoices. 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.
19.4 Effect of Liens on Invoices
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 20: RETAINAGE FOR FINAL RESTORATION