Pm 9028

State of Utah

Bid PM9028

STATE OF UTAH

SOLICITATION NO. PM9028 Abandoned Mine Reclamation Program - Engineering Services

RESPONSES ARE DUE PRIOR TO:

Apr 1, 2009 5:00:00 PM MDT

RESPONSES MAY BE SUBMITTED ELECTRONICALLY TO: www.bidsync.com RESPONSES MAY BE MAILED OR DELIVERED TO: State of Utah Division of Purchasing 3150 State Office Building, Capitol Hill Salt Lake City, Utah 84114-1061

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p. 1

State of Utah

Bid PM9028

Bid PM9028 Abandoned Mine Reclamation Program - Engineering Services Bid Number

PM9028

Bid Title

Abandoned Mine Reclamation Program - Engineering Services

Bid Start Date

Mar 5, 2009 10:42:18 AM MST

Bid End Date

Apr 1, 2009 5:00:00 PM MDT

Question & Answer End Date

Mar 18, 2009 10:00:00 AM MDT

Bid Contact

Paul F Mash Utah Division of Purchasing

Contract Duration

See Specifications

Contract Renewal

Not Applicable

Prices Good for

Not Applicable

Bid Comments

The proposed work consists of a broad range of engineering and related services that the AMRP anticipates needing in the next few years, including abandoned mine inventory, reclamation engineering and design, cultural and biological surveys, environmental assessments, landowner research, and mapping and surveying. The contract is a Level of Effort (or Requirements) style of contract. The scope of work defines the tasks to be performed, but specific work assignments will be determined following the award of the contract. The State expects to award two or three contracts, based on evaluation of the SOIQ's submitted. By submitting a SOIQ, the offeror represents that it has examined, read and familiarized itself with the requirements of the Solicitation Documents and the conditions governing the Work. ALL questions concerning this solicitation must be submitted through the BidSync system. Only answers issued through the system or issued via an authorized and properly issued addendum shall be the official position of the State. Any modification to this procurement effort shall be made by addendum issued by the State Division of Purchasing. Only authorized and properly issued addenda shall constitute the official position of the State and shall be binding. Anyone submitting a response to this solicitation, with basis in or other communication or information received from sources other than through official addendum, assumes full risk including the possibility of a determination of non-responsiveness and may be rejected at the sole discretion of the State. Any additional information as may be required by the specifications may be scanned or electronically attached to the bid when placing an offer. Please contact BidSync Vendor Support for assistance in submitting your bid or uploading attachments.

NOTE: The Division of Purchasing prefers SOIQs to be submitted electronically. Upload with your SOIQ any additional documents, as may be required by the specifications. No additional submissions are necessary. For technical assistance in submitting your bid please contact BidSync Vendor Support at (801) 765-9245. NOTE: Any discrepencies between documents obtained from sources outside BidSync not issued by the Division of Purchasing will be found in favor of the documents contained in BidSync.

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State of Utah

Bid PM9028

Item Response Form

Item

PM9028-1-01 - Abandoned Mine Reclamation Program Engineering

Quantity

1 n/a

Prices are not requested for this item. License Number License Expiration Date Class Code Class Name Delivery Location

State of Utah No Location Specified Qty 1

Description The purpose of this Request for Statements of Interest (REQUEST) is to procure qualified professional engineering and related services for the Utah Division of Oil, Gas and Mining, Abandoned Mine Reclamation Program (AMRP), hereinafter referred to as OWNER. The services requested cover an array of tasks to assist the OWNER in planning and executing abandoned mine reclamation projects. They may include inventories of abandoned mine areas, culturallhistorical surveys and reports, biological surveys and reports, landowner research and identification for mining properties, analysis/evaluation of the abandoned mine public safety and environmental hazards, reclamation engineering and design, and/or construction inspection and management.

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State of Utah

Bid PM9028

State of Utah Request for Statement of Interest and Qualification Legal Company Name (include d/b/a if

Federal Tax Identification

State of Utah Sales Tax ID

applicable)

Number

Number

Ordering Address

City

State

Zip Code

Remittance Address (if different from ordering

City

State

Zip Code

address) Type:

c Corporation d e f g

c Partnership d e f g

c Proprietorship d e f g

c Government d e f g

Company Contact Person

Telephone Number (include area code)

Fax Number (include area code)

Company’s Internet Web Address

Email Address

Discount Terms (for bid purposes, bid discounts

Days Required for Delivery After Receipt of Order

less than 30 days will not be considered)

(see attached for any required minimums)

The undersigned certifies that the goods or services offered are produced, mined, grown, manufactured, or performed in Utah. Yes g c No g d e f c . If no, enter where produced, etc. d e f

Offeror=s Authorized Representative=s Signature

Date

Type or Print Name

Position or Title

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State of Utah

Bid PM9028

REQUEST FOR STATEMENT OF INTEREST AND QUALIFICATION (SOIQ) INSTRUCTIONS AND GENERAL PROVISIONS 1. SUBMITTING THE SOIQ: (a) The Utah Division of Purchasing and General Services (DIVISION) prefers that SOIQs be submitted electronically. Electronic SOIQs may be submitted through a secure mailbox at BidSync (formerly RFP Depot, LLC) (www.bidsync.com) until the date and time as indicated in this document. It is the sole responsibility of the offeror to ensure their SOIQ reaches BidSync before the closing date and time. There is no cost to the supplier to submit Utah’s electronic SOIQs via BidSync. (b) Electronic SOIQs may require the uploading of electronic attachments. The submission of attachments containing embedded documents is prohibited. All documents should be attached as separate files. (c) If the offeror chooses to submit the SOIQ directly to the DIVISION in writing: The SOIQ must be signed in ink, sealed, and delivered to the Division of Purchasing, 3150 State Office Building, Capitol Hill, Salt Lake City, UT 841141061 by the "Due Date and Time.” The "Solicitation Number" and "Due Date" must appear on the outside of the envelope. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing offer. Written offers will be considered only if it is submitted on the forms provided by the DIVISION. (d) SOIQs, modifications, or corrections received after the closing time on the "Due Date" will be considered late and handled in accordance with the Utah Procurement Rules, section R33-3209. (e) Facsimile transmission of SOIQs to DIVISION will not be considered. 2. SOIQ PREPARATION: (a) Delivery time of services is critical and must be adhered to as specified. (b) By submitting the SOIQ the offeror certifies that all of the information provided is accurate, that they are willing and able to furnish the service(s) specified, and that prices offered are correct. (c) This SOIQ may not be withdrawn for a period of 60 days from the due date. 3. SOLICITATION AMENDMENTS: All changes to this solicitation will be made through written addendum only. Answers to questions submitted through RFP Depot shall be considered addenda to the solicitation documents. Bidders are cautioned not to consider verbal modifications. 4. PROTECTED INFORMATION: Suppliers are required to mark any specific information contained in their offer which they are claiming as protected and not to be disclosed to the public or used for purposes other than the evaluation of the offer. Each request for non-disclosure must be made by completing the “Confidentiality Claim Form” located at: http://www.purchasing.utah.gov/contract/documents/confidentialityclaimform.doc with a specific justification explaining why the information is to be protected. Pricing and service elements of any SOIQ will not be considered proprietary. All material becomes the property of the DIVISION and may be returned only at the DIVISION 's option. 5. BEST AND FINAL OFFERS: Discussions may be conducted with offerors who submit SOIQs determined to be reasonably susceptible of being selected for award for the purpose of assuring full understanding of, and responsiveness to, solicitation requirements. Prior to award, these offerors may be asked to submit best and final offers. In conducting discussions, there shall be no disclosure of any information derived from SOIQs submitted by a competing offeror. 6. AWARD OF CONTRACT: (a) The contract will be awarded with reasonable promptness, by written notice, to the responsible offeror whose SOIQ is determined to be the most advantageous to the DIVISION taking into consideration factors set forth in the Request for SOIQ. No other factors or criteria will be used in the evaluation. The contract file shall contain the basis on which the award is made. Refer to Utah Code Annotated 65-56-408. (b) The DIVISION may accept any item or group of items, or overall best offer. The DIVISION can reject any or all SOIQs, and it can waive any informality, or technicality in any SOIQ received, if the DIVISION believes it would serve the best interests of the DIVISION. (c) Before, or after, the award of a contract the DIVISION has the right to inspect the offeror's premises and all business records to determine the offeror's ability to meet contract requirements. (d) The DIVISION will open SOIQs publicly, identifying only the names of the offerors. During the evaluation process, SOIQs will be seen only by authorized DIVISION staff and those selected by DIVISION to evaluate the SOIQs. Following the award decision, all SOIQs become public information except for protected information (see number 5 above). A register of SOIQs and contract awards are posted at http://purchasing.utah.gov/vendor/bidtab.html. (e) Estimated quantities are for bidding purposes only, and not to be interpreted as a guarantee to purchase any amount. (f) Utah has a reciprocal preference law which will be applied against offerors offering products or services produced in states which discriminate against Utah products. For details see Section 63G-6-404 and 63G-6-405, Utah Code Annotated.

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State of Utah

Bid PM9028

(g) Multiple contracts may be awarded if the DIVISION determines it would be in its best interest. 7. DIVISION APPROVAL: Contracts written with the State of Utah, as a result of this SOIQ, will not be legally binding without the written approval of the Director of the DIVISION. 8. DEBARMENT: The CONTRACTOR certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract) by any governmental department or agency. If the CONTRACTOR cannot certify this statement, attach a written explanation for review by the DIVISION. 9. ENERGY CONSERVATION AND RECYCLED PRODUCTS: The contractor is encouraged to offer Energy Star certified products or products that meet FEMP (Federal Energy Management Program) standards for energy consumption. The State of Utah also encourages contractors to offer products that are produced with recycled materials, where appropriate, unless otherwise requested in this solicitation. 10. GOVERNING LAWS AND REGULATIONS: All State purchases are subject to the Utah Procurement Code, Title 63, Chapter 56 Utah Code Annotated 1953, as amended, and the Procurement Rules as adopted by the Utah State Procurement Policy Board (Utah Administrative Code Section R33). These are available on the Internet at www.purchasing.utah.gov. 11. SALES TAX ID NUMBER: Utah Code Annotated (UCA) 59-12-106 requires anyone filing a bid with the state for the sale of tangible personal property or any other taxable transaction under UCA 59-12-103(1) to include their Utah sales tax license number with their bid. For information regarding a Utah sales tax license see the Utah State Tax Commission’s website at www.tax.utah.gov/sales. The Tax Commission is located at 210 North 1950 West, Salt Lake City, UT 84134, and can be reached by phone at (801) 297-2200. (Revision 22 October 2008 - SOIQ Instructions)

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State of Utah

Bid PM9028

REQUEST FOR STATEMENTS OF INTEREST For Abandoned Mine Reclamation Program Reclamation Engineering and Related Services

PURPOSE The purpose of this Request for Statements of Interest (REQUEST) is to procure qualified professional engineering and related services for the Utah Division of Oil, Gas and Mining, Abandoned Mine Reclamation Program (AMRP), hereinafter referred to as OWNER. The services requested cover an array of tasks to assist the OWNER in planning and executing abandoned mine reclamation projects. They may include inventories of abandoned mine areas, cultural/historical surveys and reports, biological surveys and reports, landowner research and identification for mining properties, analysis/evaluation of the abandoned mine public safety and environmental hazards, reclamation engineering and design, and/or construction inspection and management. This solicitation for Statements of Interest (SOI) is the first step in the selection of qualified firms, joint ventures or teams, hereinafter referred to as OFFERORS. OFFERORS submitting responsive SOIs will be ranked according to the written evaluation criteria outlined in this REQUEST. OFFERORS may be invited to follow-up discussions with OWNER. OWNER intends to select one or more OFFEROR through this Solicitation. One or more Level of Effort (LOE) contracts, three years in length with potential extensions at OWNER’s option, may be awarded through this solicitation. The contract will be a cost reimbursable contract with no minimum or maximum total dollar value. OWNER reserves the right to withdraw this solicitation at any time without making any award. In addition, OWNER is not responsible for any costs associated with the preparation or submittal of SOIs or any follow-up discussions, regardless of whether any award is made pursuant to this solicitation. All work shall be performed by or under the direct supervision of a professional engineer (PE) registered in the State of Utah with a PE license in civil or mining engineering. The archeologist on the team must possess valid survey permits from both the Governor’s Public Land Policy Coordination Office (PLPCO) and the Utah Bureau of Land Management (see Section C.4). The OWNER will evaluate and rank each Statement of Interest (SOI) based on the evaluation criteria outlined in this REQUEST. The OWNER will negotiate a contract with OFFEROR submitting the highest-ranking SOI. The contract is subject to approval of the Utah Division of Purchasing and the Utah Division of Finance, and is not binding on OWNER or the successful OFFEROR until such approval is obtained. Upon contract approval the successful OFFEROR will be referred to as CONSULTANT. This REQUEST differs from the OWNER’s previous solicitations for abandoned mine inventory and engineering in that its uses a LOE style contract and adds a broader range of tasks. The OWNER has customarily performed many of these tasks in-house. The OWNER expects the LOE contracting to result in more efficient use of staff time and more flexibility in accomplishing program goals. For OFFERORS who have previously performed work for the AMRP, a performance rating of ten points or more is required in order to be considered for subsequent projects. Beginning with contracts awarded in 1999, all CONSULTANTs are evaluated using the Consultant Performance Rating Form (see Section B.5 and Appendix A).

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State of Utah

Bid PM9028

Request for Statements of Interest Reclamation Engineering and Related Services Page 2 of 79 This work is primarily funded through the United States Department of Interior, Office of Surface Mining Reclamation and Enforcement (OSM) and the State of Utah. Award of contract and authorization to perform the work are subject to the availability of funds.

SCOPE OF WORK The Scope of Work (SOW) includes several tasks to assist the OWNER in planning and executing abandoned mine reclamation projects. The SOW includes, but is not limited to, inventories of abandoned mine areas, cultural/historical surveys and reports, biological surveys and reports, landowner research and identification for mining properties, analysis/evaluation of the abandoned mine public safety and environmental hazards, reclamation engineering and design, NEPA compliance, and construction inspection and management. Details of the SOW are provided in Attachments C and D to the sample contact provided in this REQUEST. The SOW described herein is general in nature. A more detailed description of the scope of services to be provided will be developed as part of the SOW provisions of the final contract awarded. OWNER retains the right to modify the scope of services during the procurement process or through subsequent modification of the resulting contract.

WORK ASSIGNMENTS AND WORK PLANS The work to be performed by the successful OFFEROR will be defined in written Work Assignments issued by OWNER. Work Assignments will generally specify work at only one project area, unless there is an inter-relationship or common goal among projects. A Work Assignment will generally include the following: • • • • • • •

A detailed description of the scope of work to be performed under the Work Assignment. The assignment may be broken down into individual tasks; All information available to OWNER regarding the assignment or a brief description of that information and where it can be found in OWNER's files; The name and phone number of OWNER's Project Manager assigned to the project; Identification of any submittal deadlines and required completion dates for the Work Assignments, A statement about the required reporting to be submitted to OWNER; A statement about any budget limitation or cost ceiling for the Work Assignment; and A file number designation for the Work Assignment.

In response to a Work Assignment, the selected OFFEROR must submit for approval, a proposed Work Plan within 15 working days or as specified in the Work Assignment. This Work Plan should detail the selected OFFEROR's proposed course of action, based on the information provided, and shall include a proposed schedule and cost estimate. In addition, the selected OFFEROR must submit information regarding any potential conflict of interest with the site and Work Assignment. When warranted, due to an emergency or the urgency of the work, work may proceed on a Work Assignment in the absence of an approved Work Plan as directed by the OWNER. An approved Work Plan may be required at a later date at the discretion of the OWNER. The OWNER may also elect to amend the Work Assignment at any time to include additional work at any site or project area, subject to the selected OFFEROR's performance evaluation, the availability of funding and satisfactory cost negotiations.

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p. 8

State of Utah

Bid PM9028

Request for Statements of Interest Reclamation Engineering and Related Services Page 3 of 79

ADMINISTRATIVE GUIDANCE The information provided here is designed to provide OFFERORS with sufficient information to prepare a proposal that meets the minimum requirements necessary to properly respond to this REQUEST. The information provided is not intended to limit the content or exclude any relevant or essential data from OFFEROR’s SOI.

PRE-PROPOSAL MEETING The OWNER will hold an informational meeting on Thursday, March 12, at 2:30 p.m. in Room 1010 of the Department of Natural Resources Building (1594 West North Temple, Salt Lake City). The OWNER will discuss the scope of work and how the contract administration will be conducted. This meeting is optional; attendance is not required to submit a Statement of Interest.

RESPONSE DATE Three (3) printed copies of the SOI must be received by the Utah Division of Purchasing prior to the closing date and time specified. Any SOI en route, either in the mail or in other locations in the State Office Building, will not be considered timely. SOIs received after the deadline will be late and ineligible for consideration. SOIs must be delivered in envelopes with the Requisition Number clearly written on the outside. The address for submissions is: Division of Purchasing 3150 State Office Building Salt Lake City, Utah 84114 Attention: UAMRP Statement of Interest Requisition No. 560 92000000009 SOIs will be received until 5:00 p.m. on Wednesday, April 1, 2009 at the Division of Purchasing only. Do not deliver SOIs to the OWNER.

ISSUING OFFICE AND REFERENCE NUMBER The Utah Division of Purchasing is the issuing office for this REQUEST and all subsequent addenda relating to it. The reference number for this REQUEST must be referred to on all SOIs, correspondence, and documentation relating to this REQUEST. The reference number for this REQUEST is Requisition Number 560 92000000009.

SOI PREPARATION INSTRUCTIONS SOIs must contain all required information and be organized as described below. SOIs in nonstandard formats will be considered nonresponsive and may not be evaluated. Pertinent supplemental information should be referenced and included as attachments.

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State of Utah

Bid PM9028

Request for Statements of Interest Reclamation Engineering and Related Services Page 4 of 79

SOI ORGANIZATION The SOI should be organized into sections using these headings and subheadings: COVER SHEET CONTRACT TERMS TASK QUALIFICATIONS 1. ABANDONED MINE INVESTIGATION AND FIELD INVENTORY 2. ABANDONED MINE RECLAMATION ENGINEERING AND DESIGN 3. CULTURAL SURVEYS AND RELATED SERVICES 4. BIOLOGICAL SURVEYS AND RELATED SERVICES 5. LAND OWNERSHIP AND RIGHTS OF ENTRY 6. NEPA ANALYSIS AND DOCUMENTATION 7. CONSTRUCTION PROJECT ENGINEERING SUPPORT AND INSPECTION 8. MAPPING, SURVEYING, AND GIS SERVICES WORK PLAN DEVELOPMENT SCENARIO #1 SCENARIO #2 EXAMPLES OF PREVIOUS WORK

SOI CONTENT The sections of the SOI should have the following content: COVER SHEET: Include the requisition number, the name of OFFEROR, including address, telephone number, FAX number (if available), e-mail address (if available), and the name of the contact person in connection with this SOI. CONTRACT TERMS: Include a statement that the OFFEROR has reviewed and is familiar with the general terms of the CONTRACT, including the standard terms and conditions in Attachment A and the cost reimbursement terms in Attachment E, and that the OFFEROR accepts those terms and is ready, willing and able to comply with them, subject to completion of Sections E.6.4 (Labor Rates), E.6.5 (Indirect Costs), and E.8 (Fees) in Attachment E. In particular, the OFFEROR’s attention is directed to Sections B.9 and B.4 in Attachment B concerning insurance and indemnification and Sections B.11, and E.3 in Attachments B and E, respectively, concerning lien waivers. Copies of the CONTRACT and Attachments A through F are attached hereto. TASK QUALIFICATIONS: 1. ABANDONED MINE INVESTIGATION AND FIELD INVENTORY (This heading takes in all of the noncoal and coal mine inventory tasks described in Sections D.2–D.6 collectively.) 2. ABANDONED MINE RECLAMATION ENGINEERING AND DESIGN (See Section D.7) 3. CULTURAL SURVEYS AND RELATED SERVICES (See Section D.8) 4. BIOLOGICAL SURVEYS AND RELATED SERVICES (See Section D.9) 5. LAND OWNERSHIP AND RIGHTS OF ENTRY (This heading takes in all of the land ownership tasks described in Sections D.10–D.11 collectively.) 6. NEPA ANALYSIS AND DOCUMENTATION (See Section D.12) 7. CONSTRUCTION PROJECT ENGINEERING SUPPORT AND INSPECTION (See Section D.13) 8. MAPPING, SURVEYING, AND GIS SERVICES (See Section D.14)

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State of Utah

Bid PM9028

Request for Statements of Interest Reclamation Engineering and Related Services Page 5 of 79 For each of the eight sections addressing the major categories of solicited work, refer to the indicated sections of the CONTRACT for descriptions of the tasks. In the discussions of each of the eight tasks, include the four subsections (a-d) below. Identify any subcontractors expected to be used and provide the same information for them. a. Understanding of and technical approach to the task Provide a general but complete narrative overview of OFFEROR’s assessment of the work to be performed and their ability to perform the work. Each section should clearly demonstrate OFFEROR’s understanding of the desired product and how they can provide that product. OFFERORS must show that they understand the scope and importance of each individual task. A mere repetition of the tasks taken from the OWNER’s SOW will not be considered responsive to this REQUEST. b. Direct experience and expertise of firm Describe or list previous work that demonstrates the firm’s ability to perform the work discussed. Emphasis should be placed on previous work most closely related to that required by this REQUEST. The description should be sufficient to show OFFEROR’s experience and qualifications. Do not reproduce lengthy project lists if they will not aid in evaluation of the SOI. Provide a description of the firm’s office facilities, equipment, and resources available for the potential work. c. Staff qualifications Provide an accurate list of the key personnel to be employed in the potential contract, their functions, and their labor categories. Provide an organizational chart showing the key personnel. Provide resumes or synopses of qualifications of the key personnel, including technical training and education, general experience, and experience in providing the required services. Limit resumes to those people to be assigned to the project. Do not reproduce lengthy curricula vitae if they will not aid in evaluation of the SOI. d. Related experience of firm Describe or list previous work that demonstrates the firm’s ability to perform the work discussed. Emphasis should be placed on previous work most closely related to that required by this REQUEST. WORK PLAN DEVELOPMENT: SCENARIO #1 SCENARIO #2: Prepare a proposed Work Plan in response to each of the hypothetical scenarios and Work Assignments presented on pages 9-10. Each Work Plan must include a brief outline of the tasks required and address the allocation and scheduling of resources (staff, equipment, etc.) needed to accomplish the tasks. Each proposed Work Plan should be no longer than four (4) pages plus a bar chart schedule. EXAMPLES OF PREVIOUS WORK: Provide examples of previous relevant work product that will aid in the evaluation of the ability of OFFEROR to perform the work outlined in this REQUEST.

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State of Utah

Bid PM9028

Request for Statements of Interest Reclamation Engineering and Related Services Page 6 of 79

SOI EVALUATION PROCEDURE The OWNER’s selection committee will review, evaluate, and rank all responsive SOIs using the criteria below with assigned weights as indicated (see the SOI evaluation score sheet on page 11). Each of the evaluation criteria must be addressed in the SOI. An OFFEROR may be invited to follow-up discussions with OWNER to further clarify the OFFEROR’s proposal and, in general, to further explore the OFFEROR’s general capabilities and qualifications for performing services under the contract. No specific evaluation criteria or scoring of these follow-up discussions will be made and cost information will not be discussed in these follow-up sessions. Once the OWNER is satisfied with follow-up discussions, the selection committee will evaluate and, based on qualifications as presented, select in rank order the OFFEROR deemed to be most highly qualified to provide the services of the contract. OWNER anticipates awarding up to three contracts. The OWNER will base the number of contracts awarded on the point distribution of SOI scores. The OWNER shall hold formal contract negotiations following the selection of the highest qualified OFFEROR and subject to approval by the Division of Purchasing. During the contract negotiation period, the OWNER reserves the right to change the terms, conditions, specifications, and SOW contained within this SOI. Any final LOE contract awarded by the State will be executed in accordance with all applicable State and Federal contracting procedures. If for any reason the highest qualified OFFEROR is rejected, the OWNER will select the next highest qualified OFFEROR and begin contract negotiations. This selection process will continue until the contract is successfully negotiated.

SOI EVALUATION CRITERIA Each SOI will be screened as to whether the OFFEROR is able to meet the terms and requirements of the CONTRACT (as stated in the CONTRACT TERMS section of the SOI). This is a qualifying/disqualifying criterion. OFFERERs unable to meet the terms of the CONTRACT will not be considered. Scoring: Each evaluation criterion will be given a score ranging from zero to five with five being the highest score possible. Each score will then be multiplied by the appropriate weighting factor to determine the total number of points earned. Rating points will be assigned on the following scale: 0 = No response, no experience; not qualified 1 = Minimal response; minimal experience; minimally qualified 2 3 = Adequate response; moderate experience; well qualified 4 5 = Very responsive; extensive experience; highly qualified The middle column of the evaluation score sheet lists weighting factors. The weight assigned to a particular criterion in this column reflects the relative importance of that criterion. The column on the right will be used to record the total number of points (score times weight) earned for each criterion. The points will then be summed and total evaluation points will be used to rank OFFEROR’s qualifications.

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State of Utah

Bid PM9028

Request for Statements of Interest Reclamation Engineering and Related Services Page 7 of 79 Evaluation Criteria: 1. 2. 3. 4. 5. 6. 7. 8.

Abandoned Mine Investigation and Field Inventory: (15% — 75 points possible) Abandoned Mine Reclamation Engineering and Design: (15% — 75 points possible) Cultural Surveys and Related Services: (10% — 50 points possible) Biological Surveys and Related Services: (10% — 50 points possible) Land Ownership and Rights of Entry: (5% — 25 points possible) NEPA Analysis and Documentation: (5% — 25 points possible) Construction Project Engineering Support and Inspection: (5% — 25 points possible) Mapping, Surveying, and GIS Services: (5% — 25 points possible) The following criteria will considered for each of sections 1-8: a. Understanding of and technical approach to task Technical approach to the task as defined in the scope of work shows sound understanding of the needs and goals of OWNER, the scope of work, and the nature of abandoned mine work. b. Direct experience and expertise of firm Firm has direct experience and expertise with abandoned mines doing work similar to that described in the scope of work. c. Staff qualifications Individual workers assigned to the task have the training, expertise, and experience needed to perform. Staff has required credentials, licenses, and permits. Staff capabilities support the firm’s capabilities to accomplish the task. d. Related experience of firm Firm has direct experience and expertise doing work similar to that described in the scope of work, but not with abandoned mines. Related experience could include active mine engineering and permitting, non-mining environmental remediation, Superfund clean-up, etc.

9. Work Plan Development: Scenario #1: (10% — 50 points possible) 10. Work Plan Development: Scenario #2: (10% — 50 points possible) The following criteria will considered for each of sections 9-10: a. Analysis of tasks shows understanding of OWNER’s needs and ability to seamlessly integrate varied tasks into a coherent whole. b. Allocation of resources shows ability to balance the productivity benefits of expertise against their higher relative costs. c. Allocation of time in schedule shows an understanding of the work, the relationships of component tasks, and external constraints. 11. Examples of Previous Work: (7% — 35 points possible) Samples are provided of products from previous mine inventory and reclamation design work or related cultural, biological, or land records work, such as inventory forms, specifications, design drawings, maps, etc. Samples show the firm’s capability to perform required work at the highest quality level. Product quality and media are compatible with OWNER’s needs and hardware and software capabilities. 12. Overall Quality and Suitability of SOI: (3% — 15 points possible) Package is clear, concise, and responsive. Appearance and presentation are professional.

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State of Utah

Bid PM9028

Request for Statements of Interest Reclamation Engineering and Related Services Page 8 of 79

COST PROPOSAL NOT REQUESTED Cost estimates for the Work are not being requested as part of this REQUEST according to current state regulations. Cost data should not be submitted as part of any SOI, including the Work Plan development exercises. Formal negotiations with the successful OFFEROR will include resolution of negotiated cost reimbursement terms and any pertinent cost estimates for the Work.

CONSIDERATION OF STATEMENTS OF INTEREST The State of Utah may select a successful OFFEROR based solely on the initial SOI, without any subsequent discussion of such SOI. Accordingly, each initial SOI should be submitted from the most favorable services standpoint. OWNER reserves the right to reject any and all SOIs received.

SAMPLE CONTRACT The successful OFFEROR will negotiate and enter a contract agreement with the Utah Division of Oil, Gas and Mining. The contract agreement will be on a form similar to the agency contract attached as part of this REQUEST on page 15. In order for OFFEROR’s SOI to qualify for evaluation, OFFEROR must be able to meet all requirements of this contract.

TERM OF CONTRACT Notice to proceed with the project work will be issued immediately upon the award and execution of the CONTRACT. The contract will be for a period of thee years with a potential option to renew for three additional one-year terms at OWNER’s discretion and by mutual agreement.

ADDITIONAL INFORMATION Technical questions about the project should be directed to the project manager at the Division of Oil, Gas and Mining. Questions about proposal and procurement procedures should be directed to the Division of Purchasing. Contact people are: Procurement questions: Paul Mash, Purchasing Agent

Technical questions: Bob O’Brien, Sr. Reclamation Specialist

Division of Purchasing 3150 State Office Building Salt Lake City, Utah 84114 (801) 538-3148 (801) 538-3882 fax [email protected]

Division of Oil, Gas and Mining 1594 West North Temple, Suite 1210 Salt Lake City, Utah 84114 (801) 538-5437 (801) 359-3940 fax [email protected]

Deliver SOI to the Division of Purchasing only.

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State of Utah

Bid PM9028

Request for Statements of Interest Reclamation Engineering and Related Services Page 9 of 79

WORK PLAN DEVELOPMENT: SCENARIO #1 The OWNER has identified a hardrock metal ore mining district in the Great Basin as a priority for reclamation. The district is located in a mountain range in central Millard County about 40 miles by two-wheel-drive road from the town of Delta, which has the only commercial services (gas, food, lodging) in the area. Mining in the district began in the 1880’s and continued through a series of boom-bust cycles into the Great Depression, when the last mines closed. The mining supported a small resident community with a maximum population of 200. The last residents moved out in 1942. A single mine operated for a few years in the 1960’s reprocessing mine dumps and producing some ore from a reconditioned shaft. The OWNER has outlined a prospective project area of 20 sections that encompasses three primary canyons, their tributaries, and their adjacent mountain spines. Elevations range from 6000-8500 feet. Vegetation is sagebrush in the foothills grading into pinyon-juniper woodland at higher elevations. The USGS topographic maps show 150 mine symbols (60 shafts, 50 adits, 40 prospects) in the project boundary. Most are clustered near the heads of the canyons, but they are distributed throughout the district. A reconnaissance survey by the OWNER found numerous collapsed shacks and foundations at the townsite, a well-preserved mine complex from the 1920’s with a large timber headframe, ore bin, and blacksmith’s shop, and several steel hoppers, storage tanks, and pieces of heavy equipment at the 1960’s operation. The road system within the project area consists of old mining roads that have not been maintained and are limited to four-wheel-drive vehicles. Land ownership is a mix of patented mining claims dispersed within BLM-administered public land. Develop a Work Plan for an inventory of the project area. The Work Plan should focus on an outline of the required tasks and subtasks, resource allocation (do not include labor rates), and a schedule for implementation of the Work Plan. The work will include an inventory of the abandoned mine features, cultural surveys, bat surveys, landowner identification, engineering of reclamation, and preparation of construction specifications. Assume authorization to proceed with the Work Assignment on June 1 with final product due on December 31.

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Request for Statements of Interest Reclamation Engineering and Related Services Page 10 of 79

WORK PLAN DEVELOPMENT: SCENARIO #2 The OWNER has identified an abandoned coal mine in the Wasatch Plateau as a priority for reclamation. The mine is located in a canyon in western Emery County about 10 miles west of the town of Ferron. The mine had been partially reclaimed by the OWNER in a 1986 construction project. At that time, two mine portals high on the side of the canyon were sealed with concrete bulkheads and backfilled. A wooden chute conveying coal from the portals to the canyon floor was demolished and removed. 10,000 cy of coal refuse dumped on the bank of a perennial stream were excavated from the channel and buried. A riprapped channel was constructed to carry runoff into the stream channel. A second coal refuse pile on the 2h:1v slope beneath the coal chute was partially colonized with sagebrush, Indian ricegrass, and quaking aspen and was left unreclaimed. The total footprint of the mine disturbance is four acres. The unreclaimed refuse pile covers about 0.5 acres on a steep slope and contains about 2,000 cy of coal. Vegetation is sagebrush in the perennial stream terrace and aspen and spruce-fir woodland on the canyon slopes. In 2007, a 100-year storm event blew out the undersized riprapped channel and eroded a 10-foot deep gully headcut. The erosion exposed a lens of coal refuse in the side of the gully of unknown lateral extent. The mine is on a quarter section of private surface land inside a National Forest; the coal is federal. The Forest Service has expressed a desire that the entire site, including the unreclaimed coal refuse pile, be reclaimed to prevent sediment loading of the stream. Develop a Work Plan for reclamation of the mine site. The Work Plan should focus on an outline of the required tasks and subtasks, resource allocation (do not include labor rates), and a schedule for implementation of the Work Plan. The objective of the reclamation is to achieve a stable surface configuration with a minimum potential for erosion. Hydrologic design should incorporate geomorphic principles and biological bank stabilization rather than a traditional civil engineering approach (i.e. riprap). This is nearly a turnkey project; the consultant is responsible for all aspects of the work up to advertising the construction job for bid, including site characterization, earthwork and hydrologic design, NEPA documentation, obtaining landowner consent, and preparation of construction specifications. Assume authorization to proceed with the Work Assignment of June 1 with a target date for construction of June 1 the following year.

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SOI EVALUATION SCORESHEET Consultant: Evaluator: Date:

SCORE WT (0-5)

POINTS

1. ABANDONED MINE INVESTIGATION AND FIELD INVENTORY (75 points possible) a. Understanding of and technical approach to task _____ x 3 ______ b. Direct experience and expertise of firm _____ x 5 ______ c. Staff qualifications _____ x 5 ______ d. Related experience of firm _____ x 2 ______ 2. ABANDONED MINE RECLAMATION ENGINEERING AND DESIGN (75 points possible) a. Understanding of and technical approach to task _____ x 3 ______ b. Direct experience and expertise of firm _____ x 5 ______ c. Staff qualifications _____ x 5 ______ d. Related experience of firm _____ x 2 ______ 3. CULTURAL SURVEYS AND RELATED SERVICES (50 points possible) a. Understanding of and technical approach to task _____ b. Direct experience and expertise of firm _____ c. Staff qualifications _____ d. Related experience of firm _____

x1 x4 x3 x2

______ ______ ______ ______

4. BIOLOGICAL SURVEYS AND RELATED SERVICES (50 points possible) a. Understanding of and technical approach to task _____ b. Direct experience and expertise of firm _____ c. Staff qualifications _____ d. Related experience of firm _____

x1 x4 x3 x2

______ ______ ______ ______

5. LAND OWNERSHIP AND RIGHTS OF ENTRY (25 points possible) a. Understanding of and technical approach to task b. Direct experience and expertise of firm c. Staff qualifications d. Related experience of firm

_____ _____ _____ _____

x1 x2 x1 x1

______ ______ ______ ______

6. NEPA ANALYSIS AND DOCUMENTATION (25 points possible) a. Understanding of and technical approach to task b. Direct experience and expertise of firm c. Staff qualifications d. Related experience of firm

_____ _____ _____ _____

x1 x2 x1 x1

______ ______ ______ ______

7. CONSTRUCTION ENGINEERING SUPPORT/INSPECTION (25 points possible) a. Understanding of and technical approach to task _____ x 1 b. Direct experience and expertise of firm _____ x 2 c. Staff qualifications _____ x 1 d. Related experience of firm _____ x 1

______ ______ ______ ______

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Bid PM9028

Request for Statements of Interest Reclamation Engineering and Related Services Page 12 of 79 8. MAPPING, SURVEYING, AND GIS SERVICES (25 points possible) a. Understanding of and technical approach to task b. Direct experience and expertise of firm c. Staff qualifications d. Related experience of firm

x1 x2 x1 x1

______ ______ ______ ______

9. WORK PLAN DEVELOPMENT: SCENARIO #1 (50 points possible) a. Understanding of scope of work _____ x 3 b. Allocation of resources _____ x 4 c. Schedule _____ x 3

______ ______ ______

10. WORK PLAN DEVELOPMENT: SCENARIO #2 (50 points possible) a. Understanding of scope of work _____ x 3 b. Allocation of resources _____ x 4 c. Schedule _____ x 3

______ ______ ______

11. EXAMPLES OF PREVIOUS WORK (35 points possible)

_____ x 7

______

12. OVERALL QUALITY AND SUITABILITY OF SOI (15 points possible) _____ x 3

______

TOTAL EVALUATION POINTS (500 points possible)

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_____ _____ _____ _____

_______

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APPLICANT/VIOLATOR SYSTEM ELIGIBILITY CHECK Federal regulations (30 CFR 874.16) effective July 1, 1994, require all successful OFFERORS on contracts funded through Title IV of SMCRA to be eligible under 30 CFR 773.15(b)(1) to receive a permit to conduct surface coal mining operations. In general, this means that the Utah Abandoned Mine Reclamation Program may not hire CONSULTANT who is or whose company is associated with a coal mine operator with outstanding unabated violations under SMCRA. The regulations further require that OFFEROR eligibility be confirmed by the Applicant/Violator System (AVS) at the U.S. Office of Surface Mining (OSM). Compliance checks are also required for all subcontractors receiving 10% or more of the total contract amount. To comply with these rules, OFFERORS must provide the Division of Oil, Gas and Mining with information on ownership and control of the contractor’s firm for AVS review. An OFFEROR must receive a recommendation of "Issue" or "Conditional Issue" from the OSM AVS office to be awarded the contract. The two most qualified OFFERORS shall submit to OWNER, when requested, a copy of the "AML Contractor Information Form." The OWNER will provide forms for this submission. OWNER will submit ownership and control information to OSM for AVS review. OSM's review will be completed within 72 hours if ownership and control data entry is complete. OFFERORS may choose to submit the required information prior to submitting the proposal in order to facilitate data entry by OSM and expedite the AVS review and contract award process. Forms may be obtained from OWNER. The following information is required for the "AML Contractor Information Form": Contractor's identity (name, address, telephone, Social Security number, Taxpayer ID number); Contractor's legal structure (sole proprietorship, partnership, corporation); Identities (name, address, telephone number, position/title) of every officer, general partner, shareholder (10% voting stock), director, or other controlling entity; Identities of parties with the authority to commit the assets of the firm; Identities of other relationships that give direct or indirect authority over the execution of the work; and All of the above information for any subcontractor with 10% or more of the contract amount.

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SAMPLE CONTRACT FORM Contract #

STATE OF UTAH CONTRACT 1.

CONTRACTING PARTIES: This contract is between the following agency of the State of Utah: Department: Natural Resources Agency Code: 560 Division: Oil, Gas and Mining, referred to as OWNER, and the following CONSULTANT: LEGAL STATUS OF CONSULTANT □ Sole Proprietor □ Non-Profit Corporation □ For-Profit Corporation □ Partnership □ Government Agency

Name Address City State Zip Contact Person Phone # (000) 000-0000 Federal Tax ID#

Email Vendor #

Commodity Code # 0000

FI-NET Accounting Codes: Fund

Agency

Unit

Org

Approp. Unit

Object

1000

560

2510

2881

REE

6137

Program

Phase

2.

GENERAL PURPOSE OF CONTRACT: The general purpose of this contract is to provide professional engineering and related expertise in evaluating, planning, and executing reclamation of abandoned mine project areas. The work includes conducting inventories and investigations of coal and noncoal mining sites, designing reclamation, performing cultural and biological surveys, researching land ownership and negotiating with landowners, assisting with NEPA compliance and documentation, and providing construction inspection and management. The details of the Scope of Work are included in Attachment C, which is attached hereto and incorporated as part of this contract.

3.

PROCUREMENT: This contract is entered into as a result of the procurement process on Requisition # RQM 560 92000000009 , FY 2009 , Bid # PM**** , or a pre-approved sole source authorization (from the Division of Purchasing) #: SS N/A .

4.

CONTRACT PERIOD: Effective date ***MONTH DAY, 2009 . Termination date June 30, 2012 unless terminated early or extended in accordance with the terms and conditions of this contract. Renewal options (if any): 3 additional 1-year terms .

5.

CONTRACT COSTS: CONSULTANT will be paid a maximum of $ Requirements for costs authorized by this contract. Additional information regarding costs: see Attachment E . [This is a Requirement Contract (i.e., no minimum or maximum). Compensation for this

Contract will be Cost Reimbursement in addition to Award Fee. The Contractor will be paid as per approved Work Assignments pursuant to Attachment E: Cost Reimbursement.] 6.

ATTACHMENT A: ATTACHMENT B: ATTACHMENT C: ATTACHMENT D: ATTACHMENT E: ATTACHMENT F:

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Standard Terms and Conditions Special Terms and Conditions Scope of Work Task Specifications Cost Reimbursement Definitions

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Request for Statements of Interest Reclamation Engineering and Related Services Page 16 of 79 APPENDIX A: APPENDIX B: APPENDIX C: APPENDIX D:

Consultant Performance Rating Form Sample Insurance Certification Form Sample Contract Amendment Form OWNER’s Organizational Systems

Any conflicts between Attachment A and other Attachments will be resolved in favor of Attachment A. 7.

DOCUMENTS INCORPORATED INTO THIS CONTRACT BY REFERENCE BUT NOT ATTACHED: a. b.

All other governmental laws, regulations, or actions applicable to the goods and/or services authorized by this contract. Utah State Procurement Code, Procurement Rules, and CONSULTANT'S response to Bid # PM**** , dated ***MONTH DAY, 2009 .

IN WITNESS WHEREOF, the parties sign and cause this contract to be executed. FOR THE CONSULTANT: ATTEST:

CONSULTANT:

Secretary of Corporation or Witness

Date

Signature

Date

Type or Print Name Title Taxpayer ID # FOR THE STATE OF UTAH: APPROVED FOR AVAILABILITY OF FUNDS: DEPARTMENT OF NATURAL RESOURCES DIVISION OF OIL, GAS & MINING

John R. Baza Director, DOGM

Date

APPROVED FOR EXPENDITURE: DIVISION OF PURCHASING

Kent D. Beers Director of Purchasing [Projectmanager] Agency Contact Person

Luci Malin AMRP Administrator

Date

Paula Dupin-Zahn DOGM Budget/Accounting

Date

DIVISION OF FINANCE

Date (801) 538-5437 Telephone Number

(for) John Reidhead Director of Finance (801) 359-3940 Fax Number

Date

[Projectmanager]@utah.gov Email

APPROVED AS TO FORM BY ATTORNEY GENERAL'S OFFICE DOGM Engineering Contract (revised 08/03/06) Reference: Division of Purchasing Contract Form (revised 09/30/03)

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CONTRACT ATTACHMENTS TABLE OF CONTENTS ATTACHMENT A: STANDARD TERMS AND CONDITIONS......................................................................21 A.1 A.2 A.3 A.4 A.5 A.6 A.7 A.8 A.9 A.10 A.11 A.12 A.13 A.14 A.15 A.16 A.17 A.18 A.19 A.20 A.21 A.22 A.23 A.24 A.25 A.26

AUTHORITY ..................................................................................................................................21 CONTRACT JURISDICTION, CHOICE OF LAW, AND VENUE....................................................21 LAWS AND REGULATIONS..........................................................................................................21 RECORDS ADMINISTRATION......................................................................................................21 CONFLICT OF INTEREST ............................................................................................................21 CONSULTANT, AN INDEPENDENT CONTRACTOR ...................................................................21 INDEMNITY CLAUSE ....................................................................................................................21 EMPLOYMENT PRACTICES CLAUSE .........................................................................................22 SEPARABILITY CLAUSE ..............................................................................................................22 RENEGOTIATION OR MODIFICATIONS..................................................................................22 DEBARMENT.............................................................................................................................22 TERMINATION ..........................................................................................................................22 NONAPPROPRIATION OF FUNDS ..........................................................................................22 SALES TAX EXEMPTION .........................................................................................................23 WARRANTY...............................................................................................................................23 PUBLIC INFORMATION ............................................................................................................23 DELIVERY .................................................................................................................................23 ORDERING AND INVOICING....................................................................................................24 PAYMENT..................................................................................................................................24 PATENTS, COPYRIGHTS, ETC................................................................................................24 ASSIGNMENT/SUBCONTRACT ...............................................................................................24 DEFAULT AND REMEDIES.......................................................................................................24 FORCE MAJEURE ....................................................................................................................24 PROCUREMENT ETHICS .........................................................................................................24 CONFLICT OF TERMS..............................................................................................................25 ENTIRE AGREEMENT ..............................................................................................................25

ATTACHMENT B: SPECIAL TERMS AND CONDITIONS ..........................................................................27 B.1 B.2 B.3 B.4 B.5 B.6 B.7 B.8 B.9 B.10 B.11

LIQUIDATED DAMAGES...............................................................................................................27 TERMINATION ..............................................................................................................................27 NONAPPROPRIATION OF FUNDS ..............................................................................................27 LIABILITY AND INDEMNIFICATION .............................................................................................27 CONSULTANT QUALIFICATIONS ................................................................................................27 CERTIFICATIONS .........................................................................................................................28 WARRANTY AND RESPONSIBILITY............................................................................................28 SUBCONTRACTS .........................................................................................................................29 INSURANCE ..................................................................................................................................29 CONFIDENTIALITY OF RECORDS ..........................................................................................30 LIENS.........................................................................................................................................31

ATTACHMENT C: SCOPE OF WORK ........................................................................................................33 C.1 GENERAL......................................................................................................................................33 C.2 THE WORK....................................................................................................................................33 C.3 DEFINITIONS ................................................................................................................................34 C.4 PERSONNEL QUALIFICATIONS ..................................................................................................34 C.5 PERMITS AND APPROVALS........................................................................................................34 C.6 SPECIAL PRECAUTIONS .............................................................................................................34 C.7 CONSULTANT’S PUBLIC REPRESENTATION OF STATUS.......................................................35 C.8 CONTRACT ADMINISTRATION....................................................................................................35 C.8.1 MANAGEMENT ROLES ........................................................................................................35 C.8.2 NOTICES AND OTHER COMMUNICATIONS.......................................................................35 C.8.3 DESIGNATED CONTRACT MANAGERS..............................................................................35 C.9 WORK PLAN PROCEDURE..........................................................................................................36

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C.9.1 C.9.2 C.9.3 C.9.4 C.9.5 C.9.5 C.9.6 C.9.7 C.9.8 C.10 C.10.1 C.10.2 C.11 C.12 C.13 C.14 C.15 C.16

REPRESENTATIVES ............................................................................................................36 PROPOSED WORK ASSIGNMENTS....................................................................................36 PROPOSED WORK PLAN ....................................................................................................36 WORK ASSIGNMENT ...........................................................................................................37 EXECUTION OF WORK ASSIGNMENT ...............................................................................37 COMPLETION OF WORK ASSIGNMENT.............................................................................37 MODIFICATIONS TO WORK ASSIGNMENTS AND WORK PLANS ....................................37 PROCEEDING WITHOUT A WORK PLAN............................................................................38 EXPEDITED RESPONSES....................................................................................................38 OTHER CONTRACTS ...............................................................................................................38 COORDINATION ...................................................................................................................38 DISTRIBUTION OF WORK....................................................................................................38 DUTY TO DILIGENTLY PROCEED...........................................................................................38 DEFICIENCIES ..........................................................................................................................39 COMPENSATION ......................................................................................................................39 TASKS .......................................................................................................................................39 AMENDMENTS TO THE CONTRACT.......................................................................................39 SERVICES AND FACILITIES PROVIDED BY OWNER ............................................................40

ATTACHMENT D: TASK SPECIFICATIONS...............................................................................................41 D.1 THE TASKS ...................................................................................................................................41 D.2 ABANDONED NONCOAL MINE INVENTORY ..............................................................................41 D.2.1 BACKGROUND .....................................................................................................................41 D.2.2 EXECUTION ..........................................................................................................................41 D.2.3 DELIVERABLES ....................................................................................................................42 D.3 ABANDONED NONCOAL MINE MAINTENANCE INVENTORY ...................................................42 D.3.1 BACKGROUND .....................................................................................................................42 D.3.2 EXECUTION ..........................................................................................................................42 D.3.3 DELIVERABLES ....................................................................................................................43 D.4 ABANDONED COAL MINE MAINTENANCE INVENTORY...........................................................43 D.4.1 BACKGROUND .....................................................................................................................43 D.4.2 EXECUTION ..........................................................................................................................43 D.4.3 DELIVERABLES ....................................................................................................................44 D.5 ABANDONED COAL MINE INVENTORY......................................................................................44 D.5.1 BACKGROUND .....................................................................................................................44 D.5.2 EXECUTION ..........................................................................................................................44 D.5.3 DELIVERABLES ....................................................................................................................44 D.6 COAL FIRE INVESTIGATION........................................................................................................45 D.6.1 BACKGROUND .....................................................................................................................45 D.6.2 EXECUTION ..........................................................................................................................45 D.6.3 DELIVERABLES ....................................................................................................................45 D.7 ABANDONED MINE RECLAMATION ENGINEERING AND DESIGN ..........................................45 D.7.1 BACKGROUND .....................................................................................................................45 D.7.2 EXECUTION ..........................................................................................................................46 D.7.3 DELIVERABLES ....................................................................................................................46 D.8 CULTURAL SURVEYS AND RELATED SERVICES .....................................................................46 D.8.1 BACKGROUND .....................................................................................................................46 D.8.2 EXECUTION ..........................................................................................................................46 D.8.3 DELIVERABLES ....................................................................................................................47 D.9 BIOLOGICAL SURVEYS AND RELATED SERVICES ..................................................................47 D.9.1 BACKGROUND .....................................................................................................................47 D.9.2 EXECUTION ..........................................................................................................................48 D.9.3 DELIVERABLES ....................................................................................................................48 D.10 LAND OWNERSHIP RESEARCH..............................................................................................48 D.10.1 BACKGROUND .....................................................................................................................48 D.10.2 EXECUTION ..........................................................................................................................49 D.10.3 DELIVERABLES ....................................................................................................................49 D.11 LANDOWNER CONSENT ACQUISITION .................................................................................49 D.11.1 BACKGROUND .....................................................................................................................49 D.11.2 EXECUTION ..........................................................................................................................50

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D.11.3 D.12 D.12.1 D.12.2 D.12.3 D.13 D.13.1 D.13.2 D.13.3 D.14 D.14.1 D.14.2 D.14.3 D.15 D.15.1 D.15.2 D.15.3 D.16 D.16.1 D.16.2 D.16.3 D.16.4 D.16.5 D.16.6

DELIVERABLES ....................................................................................................................50 NEPA ANALYSIS AND DOCUMENTATION..............................................................................50 BACKGROUND .....................................................................................................................50 EXECUTION ..........................................................................................................................50 DELIVERABLES ....................................................................................................................51 CONSTRUCTION PROJECT ENGINEERING SUPPORT AND INSPECTION .........................51 BACKGROUND .....................................................................................................................51 EXECUTION ..........................................................................................................................51 DELIVERABLES ....................................................................................................................51 MAPPING, SURVEYING, AND GIS SERVICES........................................................................52 BACKGROUND .....................................................................................................................52 EXECUTION ..........................................................................................................................52 DELIVERABLES ....................................................................................................................52 OTHER PROFESSIONAL SERVICES.......................................................................................53 BACKGROUND .....................................................................................................................53 EXECUTION ..........................................................................................................................53 DELIVERABLES ....................................................................................................................53 SPECIFICATIONS APPLICABLE TO ALL TASKS ....................................................................53 GPS DATA .............................................................................................................................53 PROJECT SUMMARY SPREADSHEET................................................................................53 DIGITAL PHOTOS .................................................................................................................54 DELIVERABLES ....................................................................................................................54 SOFTWARE COMPATIBLILITY AND FILE FORMATS .........................................................54 DEFICIENCIES ......................................................................................................................54

ATTACHMENT E: COST REIMBURSEMENT .............................................................................................57 E.1 COMPENSATION ..........................................................................................................................57 E.2 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA.............................................57 E.3 SUBMISSION OF REPORTS AND LIEN WAIVERS FOR PAYMENT...........................................57 E.4 PAYMENT......................................................................................................................................58 E.5 RECOUPMENT OF CONTRACT PAYMENTS ..............................................................................58 E.6. ACTUAL ALLOWABLE COST .......................................................................................................58 E.6.1 DIRECT LABOR COST..........................................................................................................58 E.6.2 LABOR CATEGORIES ..........................................................................................................58 E.6.3 EXPERIENCE/QUALIFICATIONS SUBSTITUTIONS............................................................59 E.6.4 LABOR RATES ......................................................................................................................60 E.6.5 INDIRECT COSTS.................................................................................................................60 E.6.6 OTHER DIRECT COSTS .......................................................................................................61 E.7. UNALLOWABLE COSTS...............................................................................................................61 E.8. FEES..............................................................................................................................................61 E.8.1 BASE FEE..............................................................................................................................61 E.8.2 AWARD FEE..........................................................................................................................61 E.9 PAYMENT PROCEDURES ...........................................................................................................62 E.9.1 INVOICE SUBMITTAL ...........................................................................................................62 E.9.2 INVOICE REVIEW AND ADDITIONAL DATA........................................................................62 E.10. BUDGET OVERRUNS ...............................................................................................................62 E.11 RETAINAGE ..............................................................................................................................62 E.12 FINAL PAYMENT.......................................................................................................................63 ATTACHMENT F: DEFINITIONS .................................................................................................................65 APPENDIX A: CONSULTANT PERFORMANCE RATING FORM ..............................................................71 APPENDIX B: SAMPLE INSURANCE CERTIFICATION FORM.................................................................73 APPENDIX C: SAMPLE CONTRACT AMENDMENT FORM ......................................................................75 APPENDIX D: OWNER’S ORGANIZATIONAL SYSTEMS .........................................................................77 FEATURE ID (TAG NUMBER) ..................................................................................................................77 SITE AND PROJECT NUMBERS..............................................................................................................78 DIGITAL PHOTO FILE NAMES .................................................................................................................79

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State of Utah

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ATTACHMENT A: STANDARD TERMS AND CONDITIONS A.1

AUTHORITY

Provisions of this contract are pursuant to the authority set forth in 63G-6, Utah Code Annotated, 1953, as amended, Utah State Procurement Rules (Utah Administrative Code Section R33), and related statutes which permit the State to purchase certain specified services, and other approved purchases for the State. A.2

CONTRACT JURISDICTION, CHOICE OF LAW, AND VENUE

The provisions of this contract shall be governed by the laws of the State of Utah. The parties will submit to the jurisdiction of the courts of the State of Utah for any dispute arising out of this Contract or the breach thereof. Venue shall be in Salt Lake City, in the Third Judicial District Court for Salt Lake County. A.3

LAWS AND REGULATIONS

The CONSULTANT and any and all supplies, services, equipment, and construction furnished under this contract will comply fully with all applicable Federal and State laws and regulations. A.4

RECORDS ADMINISTRATION

The CONSULTANT shall maintain, or supervise the maintenance of all records necessary to properly account for the payments made to the CONSULTANT for costs authorized by this contract. These records shall be retained by the CONSULTANT for at least four years after the contract terminates, or until all audits initiated within the four years, have been completed, whichever is later. The CONSULTANT agrees to allow State and Federal auditors, and State Agency Staff, access to all the records to this contract, for audit and inspection, and monitoring of services. Such access will be during normal business hours, or by appointment. A.5

CONFLICT OF INTEREST

CONSULTANT represents that none of its officers or employees are officers or employees of the State of Utah, unless disclosure has been made in accordance with 67-16-8, Utah Code Annotated, 1953, as amended. A.6

CONSULTANT, AN INDEPENDENT CONTRACTOR

The CONSULTANT shall be an independent contractor, and as such, shall have no authorization, express or implied, to bind the State to any agreements, settlements, liability, or understanding whatsoever, and agrees not to perform any acts as agent for the State, except as herein expressly set forth. Compensation stated herein shall be the total amount payable to the CONSULTANT by the State. The CONSULTANT shall be responsible for the payment of all income tax and social security amounts due as a result of payments received from the State for these contract services. Persons employed by the State and acting under the direction of the State shall not be deemed to be employees or agents of the CONSULTANT. A.7

INDEMNITY CLAUSE

The CONSULTANT agrees to indemnify, save harmless, and release the State of Utah, and all its officers, agents, volunteers, and employees from and against any and all loss, damages, injury, liability, suits, and proceedings arising out of the performance of this contract which are caused in whole or in part by the acts or negligence of the CONSULTANT's officers, agents, volunteers, or

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EMPLOYMENT PRACTICES CLAUSE

The CONSULTANT agrees to abide by the provisions of Title VI and VII of the Civil Rights Act of 1964 (42USC 2000e) which prohibits discrimination against any employee or applicant for employment or any applicant or recipient of services, on the basis of race, religion, color, or national origin; and further agrees to abide by Executive Order No. 11246, as amended, which prohibits discrimination on the basis of sex; 45 CFR 90 which prohibits discrimination on the basis of age; and Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990 which prohibits discrimination on the basis of disabilities. Also, the CONSULTANT agrees to abide by Utah's Executive Order, dated March 17, 1993, which prohibits sexual harassment in the work place. A.9

SEPARABILITY CLAUSE

A declaration by any court, or any other binding legal source, that any provision of this contract is illegal and void shall not affect the legality and enforceability of any other provision of this contract, unless the provisions are mutually dependent. A.10

RENEGOTIATION OR MODIFICATIONS

This contract may be amended, modified, or supplemented only by written amendment to the contract, executed by authorized persons of the parties hereto, and attached to the original signed copy of the contract. Automatic renewals will not apply to this contract. A.11

DEBARMENT

The CONSULTANT certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract), by any governmental department or agency. If the CONSULTANT cannot certify this statement, attach a written explanation for review by the State. The CONSULTANT must notify the State Director of Purchasing within 30 days if debarred by any governmental entity during the Contract period. A.12

TERMINATION

Unless otherwise stated in the Special Terms and Conditions, this contract may be terminated, with cause by either party, in advance of the specified termination date, upon written notice being given by the other party. The party in violation will be given ten (10) working days after notification to correct and cease the violations, after which the contract may be terminated for cause. This contract may be terminated without cause, in advance of the specified expiration date, by either party, upon sixty (60) days prior written notice being given the other party. On termination of this contract, all accounts and payments will be processed according to the financial arrangements set forth herein for approved services rendered to date of termination. A.13

NONAPPROPRIATION OF FUNDS

The CONSULTANT acknowledges that the State cannot contract for the payment of funds not yet appropriated by the Utah State Legislature. If funding to the State is reduced due to an order by the Legislature or the Governor, or is required by State law, or if federal funding (when applicable) is not provided, the State may terminate this contract or proportionately reduce the services and purchase obligations and the amount due from the State upon 30 days written notice. In the case that funds are not appropriated or are reduced, the State will reimburse CONSULTANT for

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Bid PM9028

Request for Statements of Interest Reclamation Engineering and Related Services Page 23 of 79 products delivered or services performed through the date of cancellation or reduction, and the State will not be liable for any future commitments, penalties, or liquidated damages. A.14

SALES TAX EXEMPTION

The State of Utah’s sales and use tax exemption number is 11736850-010-STC. The tangible personal property or services being purchased are being paid from State funds and used in the exercise of that entity’s essential functions. If the items being purchased are construction materials, they will be converted into real property by employees of this government entity, unless otherwise stated in the contract. A.15

WARRANTY

The CONSULTANT agrees to warrant and assume responsibility for all products (including hardware, firmware, and/or software products) that it licenses, contracts, or sells to the State of Utah under this contract for a period of one year, unless otherwise specified and mutually agreed upon elsewhere in this contract. The CONSULTANT (seller) acknowledges that all warranties granted to the buyer by the Uniform Commercial Code of the State of Utah apply to this contract. Product liability disclaimers and/or warranty disclaimers from the seller are not applicable to this contract unless otherwise specified and mutually agreed upon elsewhere in this contract. In general, the CONSULTANT warrants that: (1) the product will do what the salesperson said it would do, (2) the product will live up to all specific claims that the manufacturer makes in their advertisements, (3) the product will be suitable for the ordinary purposes for which such product is used, (4) the product will be suitable for any special purposes that the State has relied on the CONSULTANT’s skill or judgment to consider when it advised the State about the product, (5) the product has been properly designed and manufactured, and (6) the product is free of significant defects or unusual problems about which the State has not been warned. Remedies available to the State include the following: The CONSULTANT will repair or replace (at no charge to the State) the product whose nonconformance is discovered and made known to the CONSULTANT in writing. If the repaired and/or replaced product proves to be inadequate, or fails of its essential purpose, the CONSULTANT will refund the full amount of any payments that have been made. Nothing in this warranty will be construed to limit any rights or remedies the State of Utah may otherwise have under this contract. A.16

PUBLIC INFORMATION

CONSULTANT agrees that the contract, related Sales Orders, and Invoices will be public documents, and may be available for distribution. CONSULTANT gives the State express permission to make copies of the contract, related Sales Orders, and Invoices in accordance with the State of Utah Government Records Access and Management Act (GRAMA). Except for sections identified in writing and expressly approved by the State Division of Purchasing, CONSULTANT also agrees that the CONSULTANT’s response to the solicitation will be a public document, and copies may be given to the public under GRAMA laws. The permission to make copies as noted will take precedence over any statements of confidentiality, proprietary information, copyright information, or similar notation. A.17

DELIVERY

Unless otherwise specified in this contract, all deliveries will be F.O.B. destination with all transportation and handling charges paid by the CONSULTANT. Responsibility and liability for loss or damage will remain with CONSULTANT until final inspection and acceptance when responsibility will pass to the State except as to latent defects, fraud and CONSULTANT's warranty obligations.

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State of Utah

Bid PM9028

Request for Statements of Interest Reclamation Engineering and Related Services Page 24 of 79 A.18

ORDERING AND INVOICING

All orders will be shipped promptly in accordance with the delivery schedule. The CONSULTANT will promptly submit invoices (within 30 days of shipment or delivery of services) to the State. The State contract number and/or the agency purchase order number shall be listed on all invoices, freight tickets, and correspondence relating to the contract order. The prices paid by the State will be those prices listed in the contract. The State has the right to adjust or return any invoice reflecting incorrect pricing. A.19

PAYMENT

Payments are normally made within 30 days following the date the order is delivered or the date a correct invoice is received, whichever is later. All payments to the CONSULTANT will be remitted by mail unless paid by the State of Utah’s Purchasing Card (major credit card). A.20

PATENTS, COPYRIGHTS, ETC.

The CONSULTANT will release, indemnify and hold the State, its officers, agents and employees harmless from liability of any kind or nature, including the CONSULTANT's use of any copyrighted or un-copyrighted composition, secret process, patented or un-patented invention, article or appliance furnished or used in the performance of this contract. A.21

ASSIGNMENT/SUBCONTRACT

CONSULTANT will not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this contract, in whole or in part, without the prior written approval of the State. A.22

DEFAULT AND REMEDIES

Any of the following events will constitute cause for the State to declare CONSULTANT in default of the contract: 1. Nonperformance of contractual requirements; 2. A material breach of any term or condition of this contract. The State will issue a written notice of default providing a ten (10) day period in which CONSULTANT will have an opportunity to cure. Time allowed for cure will not diminish or eliminate CONSULTANT's liability for damages. If the default remains, after CONSULTANT has been provided the opportunity to cure, the State may do one or more of the following: 1. Exercise any remedy provided by law; 2. Terminate this contract and any related contracts or portions thereof; 3. Impose liquidated damages, if liquidated damages are listed in the contract; 4. Suspend CONSULTANT from receiving future solicitations. A.23

FORCE MAJEURE

Neither party to this contract will be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. The State may terminate this contract after determining such delay or default will reasonably prevent successful performance of the contract. A.24

PROCUREMENT ETHICS

The CONSULTANT understands that a person who is interested in any way in the sale of any supplies, services, construction, or insurance to the State of Utah is violating the law if the person gives or offers to give any compensation, gratuity, contribution, loan or reward, or any promise thereof to any person acting as a procurement officer on behalf of the State, or who in any official capacity participates in the procurement of such supplies, services, construction, or insurance,

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Request for Statements of Interest Reclamation Engineering and Related Services Page 25 of 79 whether it is given for their own use or for the use or benefit of any other person or organization (63G-6-1002, Utah Code Annotated, 1953, as amended). A.25

CONFLICT OF TERMS

CONSULTANT Terms and Conditions that apply must be in writing and attached to the contract. No other Terms and Conditions will apply to this contract including terms listed or referenced on a CONSULTANT’s website, terms listed in a CONSULTANT quotation/sales order, etc. In the event of any conflict in the contract terms and conditions, the order of precedence shall be: 1. Attachment A: State of Utah Standard Terms and Conditions; 2. State of Utah Contract Signature Page(s); 3. State Additional Terms and Conditions; 4. CONSULTANT Terms and Conditions. A.26

ENTIRE AGREEMENT

This Agreement, including all Attachments, and documents incorporated hereunder, and the related State Solicitation constitutes the entire agreement between the parties with respect to the subject matter, and supersedes any and all other prior and contemporaneous agreements and understandings between the parties, whether oral or written. The terms of this Agreement shall supersede any additional or conflicting terms or provisions that may be set forth or printed on the CONSULTANT’s work plans, cost estimate forms, receiving tickets, invoices, or any other related standard forms or documents of the CONSULTANT that may subsequently be used to implement, record, or invoice services hereunder from time to time, even if such standard forms or documents have been signed or initialed by a representative of the State. The parties agree that the terms of this Agreement shall prevail in any dispute between the terms of this Agreement and the terms printed on any such standard forms or documents, and such standard forms or documents shall not be considered written amendments of this Agreement. DOGM Engineering Standard Terms and Conditions (revised 12/09/08) Reference: Division of Purchasing Standard Terms and Conditions (revised 09/30/08)

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State of Utah

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Request for Statements of Interest Reclamation Engineering and Related Services Page 27 of 79

ATTACHMENT B: SPECIAL TERMS AND CONDITIONS B.1

LIQUIDATED DAMAGES

In the event CONSULTANT fails to complete the WORK within the time agreed upon in CONSULTANT 's schedule as set forth in a Work Plan, or within such additional time as may have been allowed by OWNER, there will be deducted from any moneys due or that may become due CONSULTANT the sum of $748.00 per day, for each and every calendar day beyond the agreed or extended completion day, that the work remains uncompleted. Such sum is fixed and agreed upon by the OWNER and CONSULTANT as liquidated damages due the OWNER by reason of the inconvenience and added costs of administration, engineering and supervision resulting from CONSULTANT's default, and not as a penalty. Permitting CONSULTANT to continue and finish the WORK or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, in no way operates as a waiver on the part of the OWNER of any of the OWNER’s rights under the CONTRACT. B.2

TERMINATION

This contract may be terminated, with or without cause, in advance of the specified expiration date, by either party, upon 60 days prior written notice being given to the other party. In the event of default by CONSULTANT, termination may be executed as described by the Default Clause of the DIVISION OF OIL, GAS AND MINING GENERAL CONDITIONS FOR ABANDONED MINE RECLAMATION PROJECTS. On termination of this contract all accounts and payments will be processed according to financial arrangements set forth herein for services rendered to the date of termination. B.3

NONAPPROPRIATION OF FUNDS

Financial obligations of the OWNER payable after the current fiscal year are contingent upon funds for the purpose being appropriated, budgeted or otherwise made available. If funds are not appropriated or otherwise available to continue the payment, this contract may be terminated without penalty by giving thirty (30) days written notice. B.4

LIABILITY AND INDEMNIFICATION

It is agreed that CONSULTANT will at all times protect and save harmless, the State of Utah and all institutions, agencies, departments, authorities and instrumentalities of the State of Utah and any member of their governing bodies or their boards or commissions or any elected or appointed officers or any other of their employees or authorized volunteers, or private landowners who have consented to reclamation construction and/or have consented to allow ingress or egress to a reclamation site, as described in the general conditions of the project specifications which are included herein by reference, from any and all claims, damages of every kind and nature made, rendered or incurred by or in behalf of any person or corporation whatsoever, including the parties hereto and their employees that may arise, occur or grow out of any acts, actions, work or other activity done by CONSULTANT in the performance and execution of this CONTRACT. B.5

CONSULTANT QUALIFICATIONS

CONSULTANT's past performance, organization, equipment, and ability to perform and complete the contract in the manner and within the time limit specified will be considered by the OWNER in the awarding of the CONTRACT. Beginning with contracts awarded in 1999, all CONSULTANTs who perform work on a Utah Abandoned Mine Reclamation Program (AMRP) contract will be

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State of Utah

Bid PM9028

Request for Statements of Interest Reclamation Engineering and Related Services Page 28 of 79 evaluated based on the Consultant Performance Rating Form (see Appendix A). A rating (or average rating in the case of multiple contracts) of ten points or more is required for any CONSULTANT who has previously performed Work on an AMRP project. B.6

CERTIFICATIONS

PART A: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions. 1) The CONSULTANT certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract), by any Federal department or agency. 2) Where the CONSULTANT is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. PART B: Certification Regarding Lobbying. The undersigned certifies, to the best of his or her knowledge and belief, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B.7

WARRANTY AND RESPONSIBILITY

The CONSULTANT shall perform the WORK described in the Scope of Work (Attachment C) as more specifically defined in Work Assignments as described in Section C.8.2 herein. The CONSULTANT is responsible for the professional quality, technical accuracy, timely completion and coordination of all designs, drawings, specifications, reports and other services furnished by the CONSULTANT through this CONTRACT. The OWNER’s, OSM’s, BLM’s, or the SHPO’s actual or implied approval of reports and incidental work or materials furnished through this CONTRACT shall not in any way relieve the CONSULTANT of responsibility for the technical adequacy of its work. Neither OWNER’s, OSM’s, BLM’s, nor the SHPO’s actual or implied review, approval, acceptance or payment for any of the services provided under this CONTRACT shall be construed as a waiver of any rights under this CONTRACT or of any cause of action arising out of the performance of this CONTRACT. The CONSULTANT shall be, and shall remain, liable for all damages to the State caused by the CONSULTANT’s negligent performance of any of the services furnished under this CONTRACT. The CONSULTANT’s obligations under this clause are in addition to the CONSULTANT’s other expressed or implied assurances under this CONTRACT and in no way diminish any other rights

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State of Utah

Bid PM9028

Request for Statements of Interest Reclamation Engineering and Related Services Page 29 of 79 that OWNER may have against the CONSULTANT for faulty materials, equipment or WORK. All services shall be performed in conformity with the requirements of this CONTRACT by qualified personnel in accordance with the generally recognized highest Standard of Care for the profession. The CONSULTANT shall re-perform, at its own expense, any services of this CONTRACT determined by OWNER not to be in accordance with the generally recognized highest Standard of Care for the profession. All non-service items furnished pursuant to this CONTRACT shall be free from defects and shall conform to CONTRACT requirements. Any items determined by OWNER not to be in conformity with this warranty shall be repaired or replaced at OWNER’s option and at the CONSULTANT’s expense, for up to one year following the completion or termination of this CONTRACT. The CONSULTANT shall be responsible for repairing or ensuring repair of any damage that it or its subcontractors cause on property to which the CONSULTANT or its subcontractor has gained access for the purpose of this CONTRACT. B.8

SUBCONTRACTS

There shall be no privity of contract between the State, Department or OWNER and any subcontractor of the CONSULTANT with respect to the WORK performed under this CONTRACT. The CONSULTANT agrees that if it subcontracts with a local government or non-profit organization, it will notify OWNER and will require in its subcontracts that the subcontractor comply with State audit requirements for local governments and non-profit organizations as required by UCA §§ 51-2-1 to -8. The CONSULTANT agrees that such subcontract will also require the subcontractor to provide OWNER with a copy of all reports required to be filed under the Utah Legal Compliance Audit Guide. (Generally, all non-profit organizations which receive more than 50% of their funds from federal, State and local government sources are required to obtain a financial audit by an independent certified public accountant.) The CONSULTANT agrees that if it subcontracts with a college or university, it will require the subcontractor to comply with the cost principles and audit requirements set forth in OMB Circular A-21 and OMB Circular A-133, respectively. The CONSULTANT agrees that if it subcontracts with a non-profit organization, it will require the subcontractor to comply with the cost principles and audit requirements set forth in OMB Circular A-122 and A-133, respectively. B.9

INSURANCE

The CONSULTANT shall procure and maintain, at no additional cost to the State, insurance of the kinds and in the amounts hereinafter provided from insurance companies admitted or approved to do business in the State and rated A or better with a financial size category of Class VII or larger except for companies providing professional liability insurance which must have a rating of B or better with a financial size category of Class VIII or larger. With the written approval of the State Risk Manager, the CONSULTANT may self-insure for professional liability. All said ratings and financial size categories shall be as published by A.M. Best Company at the time this CONTRACT is executed. The CONSULTANT expressly understands and agrees that any insurance protection required by this CONTRACT shall in no way limit its obligations assumed in this CONTRACT, and shall not be construed to relieve the CONSULTANT from liability in excess of such coverage, nor shall it preclude the State from taking such other actions available under any provision of this CONTRACT or otherwise in law. The CONSULTANT is required to procure and maintain comprehensive general, automobile, and

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State of Utah

Bid PM9028

Request for Statements of Interest Reclamation Engineering and Related Services Page 30 of 79 aircraft (if used in the WORK of this CONTRACT) liability insurance. This insurance shall not be circumscribed by any endorsements limiting the breadth of coverage. The policy shall include an endorsement for property damage coverage. The State shall be named as an additional insured. The policy shall be specifically endorsed to eliminate any exclusions for explosion, collapse, and underground hazards (x,c,u). Limits of liability shall not be less than $1,000,000 per occurrence for bodily injury liability and for property damage liability combined, nor less than $1,000,000 automobile and aircraft liability. The liability insurance, if written on a “claims made basis” must provide that claims made for a period of up to three (3) years after completion of WORK will be covered. The State shall be listed as an additional insured on the required insurance policies and they shall be further endorsed to indicate that the coverage for the State is primary and not contributing. The CONSULTANT is required to procure and maintain statutory workers compensation insurance and employers liability insurance, with a limit of at least $100,000. The CONSULTANT shall require that all subcontractors at any tier shall procure and maintain workers compensation insurance. An example of an acceptable endorsement is in Appendix B attached hereto. The CONSULTANT is required to procure and maintain Architects’ or Engineers’ professional liability insurance (Errors and Omissions). This insurance shall provide for a limit of liability of not less than $1,000,000. The policy shall be specifically endorsed to eliminate any exclusion for underground testing and contractual liability and specifically endorsed to include coverage for construction supervision. This professional liability insurance, whether through the original insurer or through subsequent insurers in the event that the CONSULTANT changes carriers, if written on a “claims made basis”, must provide that claims made for a period of up to three (3) years after completion of WORK will be covered or maintained continuously for a period of three (3) years after completion of the WORK with a retroactive date that predates the date of the agreement. The CONSULTANT shall provide to OWNER certificates of insurance, substantially similar to Appendix B attached hereto, evidencing that required insurance coverages are in place. These certificates shall give OWNER the right to thirty (30) days written notice of any cancellation, nonrenewal, or material changes to the policies. Upon request the CONSULTANT shall provide a copy of the certificate of insurance to any person upon whose property the CONSULTANT seeks access. In the event that the CONSULTANT fails or refuses to renew any of its insurance policies as necessary, or any policy is canceled, terminated, or modified so that the insurance does not meet the requirements of this CONTRACT, OWNER may refuse to make payment of any further monies due or coming due under this CONTRACT. During any period when the required insurance is not in effect, OWNER may, in its discretion, either suspend WORK under this CONTRACT, or proceed to default the CONSULTANT and, thereby, terminate this CONTRACT or may purchase the necessary insurance on behalf of the CONSULTANT and recover the cost thereof from the CONSULTANT. B.10

CONFIDENTIALITY OF RECORDS

The CONSULTANT shall establish, maintain, and practice procedures and controls that are in compliance with Federal and State laws, and that are acceptable to OWNER for the purpose of assuring that no information contained in the CONSULTANT’s records or obtained from OWNER or others in carrying out its functions under this CONTRACT, shall be used or disclosed by it, its agents, officers, subcontractors or employees, except as is essential to the performance of duties under this CONTRACT. Persons requesting such information should be referred to OWNER to assess compliance with the Utah Government Records Access and Management Act (GRAMA), UCA §§ 63-2-101 to -909. The CONSULTANT also agrees that any information pertaining to the State shall not be divulged, other than to officers or employees of CONSULTANT as required for

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Bid PM9028

Request for Statements of Interest Reclamation Engineering and Related Services Page 31 of 79 the performance of duties under the CONTRACT, except upon the prior written consent of OWNER. The CONSULTANT shall not provide to any other party other than OWNER or its authorized agents, data generated or otherwise obtained in the performance of the WORK of this CONTRACT for the life of this CONTRACT and for a period of five years after. The CONSULTANT shall not disclose, provide copies, or improperly use State records classified as private, controlled or protected for which the CONSULTANT has obtained lawful access. The CONSULTANT acknowledges that to do so is a criminal offense. B.11

LIENS

CONSULTANT shall not permit or suffer any mechanic’s or materialman’s lien to be filed of record by CONSULTANT or by any subcontractor, laborer or material vendor on account of any WORK performed under this CONTRACT or against any of the monies due or to become due to the CONSULTANT from OWNER. However, the CONSULTANT shall not be in default of this provision if it is contesting such lien in good faith and posts a bond or other security in form, substance and amount satisfactory to OWNER. The CONSULTANT shall deliver evidence reasonably satisfactory to the OWNER that, in the event of the termination of this Agreement due to CONSULTANT’s default or otherwise, such bond or other security shall remain in full force and effect. Consistent with Attachment E Section E.12 neither the final payment nor any part of the retainage shall become due until the CONSULTANT has delivered to OWNER: •

•

A complete release of all liens, financial obligations or claims from itself, subcontractors, suppliers of material or other agents acting on its behalf in connection with the WORK, arising out of the WORK, or a bond or other security acceptable to OWNER as to form, amount and substance. Such release need not include the CONSULTANT’s filed and unpaid claims against OWNER. An affidavit that so far as the CONSULTANT has knowledge or information, that the releases include all the labor and material for which a lien could be filed.

If at any time, there shall be evidence of any lien or claim which the State might become liable, or which should be charged to the CONSULTANT, the State shall have the right to retain, out of any payment due or thereafter to become due, an amount sufficient to indemnify OWNER against such lien or claim. OWNER may apply these retained amounts in any manner it deems proper to secure protection and/or satisfy such claims and liens. If any lien remains unsatisfied, asserted or is discovered after all payments are made, the CONSULTANT shall refund to the State all monies that the latter may be compelled to pay in discharging such a lien, including all costs and a reasonable attorney’s fee. Consistent with Attachment A Section A.7 and Attachment B Section B.4, CONSULTANT shall indemnify, defend and hold harmless the State from any loss, costs, claims or damage, including the State’s attorney’s fees, arising as a result of any unsatisfied lien claim related to this CONTRACT. CONSULTANT acknowledges and agrees that it shall be solely responsible to comply with OWNER’s requirements that the WORK is being performed and the payments being made in such a manner as to result in no mechanic’s or materialmen’s liens being filed as a result of the WORK. No payments need be made to the CONSULTANT until such time as OWNER is satisfied as to the absence of such liens and/or the possibility of such liens being asserted and/or imposed, unless CONSULTANT bonds over or secures title insurance over such liens in a manner acceptable to OWNER. The cost and expense of such compliance shall be borne solely

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Request for Statements of Interest Reclamation Engineering and Related Services Page 32 of 79 by the CONSULTANT.

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Request for Statements of Interest Reclamation Engineering and Related Services Page 33 of 79

ATTACHMENT C: SCOPE OF WORK C.1

GENERAL

The Utah Division of Oil, Gas and Mining (DOGM or OWNER) is the designated state agency responsible for abandoned mine reclamation in the State of Utah. The OWNER requires the CONSULTANT’s technical assistance in order to meet its various public safety and environmental program goals, primarily those of the Surface Mining Control and Reclamation Act of 1977 (SMCRA, PL 95-87, 30 USC 1234-1328). The goals of SMCRA are to reclaim abandoned mine sites located in the State that may pose dangers to public safety or risks to the environment. The CONSULTANT has represented to OWNER that it has the ability and experience necessary to provide the necessary technical assistance with State and Federal funds paid by OWNER in the amounts and under the terms and conditions set forth herein. C.2

THE WORK

This Attachment C contains a description of the activities that will be performed under this CONTRACT. The majority of the WORK issued under this CONTRACT is to assist the OWNER in planning and facilitating the execution of abandoned mine reclamation projects under the authority of Title IV of SMCRA. Because these projects are federally funded, a significant component of the requested assistance is related to compliance with the National Environmental Policy Act (NEPA; PL 91-190, 42 USC 4321-4347), compliance with Section 106 of the National Historic Preservation Act (NHPA; PL 89-665; 16 USC 470 et seq.), and compliance with Section 7 of the Endangered Species Act (ESA; PL 93-205, 16 USC 1531 et seq.). The Scope of Work (SOW) to be provided by the CONSULTANT includes, but is not necessarily limited to, technical assistance in providing abandoned mine land inventory and site evaluation (coal and noncoal mines), land surveying and mapping, landowner research and contact, cultural surveys, biological surveys, reclamation project engineering and design, preparation of environmental assessments, construction project engineering support and inspection, and may include other services. The SOW to be provided by the CONSULTANT includes, but is not necessarily limited to, the following tasks: Abandoned Noncoal Mine Inventory Abandoned Noncoal Mine Maintenance Inventory Abandoned Coal Mine Maintenance Inventory Abandoned Coal Mine Inventory Coal Fire Investigation Abandoned Mine Reclamation Engineering and Design Cultural Surveys and Related Services Biological Surveys and Related Services Land Ownership Research Landowner Consent Acquisition NEPA Analysis and Documentation Construction Project Engineering Support and Inspection Mapping, Surveying, and GIS Services Other Professional Services Detailed requirements for each task are presented in Attachment D: Task Specifications.

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Bid PM9028

Request for Statements of Interest Reclamation Engineering and Related Services Page 34 of 79 C.3

DEFINITIONS

Definitions of terms and acronyms used in this CONTRACT are presented in Attachment F: Definitions. C.4

PERSONNEL QUALIFICATIONS

All WORK shall be performed by, or under the direct supervision of, a professional engineer (PE) registered in the state of Utah with a PE license in civil or mining engineering. The specifications and drawings produced shall be certified and stamped with the seal of the professional engineer. All Cultural/Historic WORK shall be performed by or under the direct supervision of a principal investigator (Archeologist) qualified to do such work under 36 CFR 801 (or as approved by the SHPO) and permitted to perform such work in Utah by PLPCO and the Utah State Office of the BLM. A copy of the permit must be submitted to OWNER prior to undertaking cultural survey work. The principal investigator must have experience in historic archeology and surveys of historic mining areas. All Biological Survey WORK shall be performed by or under the direct supervision of a principal investigator (biologist) qualified to do such work. For bat survey work, a qualified bat biologist is someone who has demonstrated ability to work with bats. Demonstrated ability may include but is not limited to: a degree in wildlife biology with some bat emphasis; more than five years of direct field experience with bats including designing and conducting bat surveys, mist-netting, echolocation and capture techniques; and the ability to identify bat species that occur in Utah. A rabies vaccination and current titer level documentation must be submitted to OWNER prior to bat survey work. All bat biologist credentials are subject to scrutiny by Utah Division of Wildlife Resources wildlife biologists who specialize in bats. Land ownership research shall be performed by an individual with extensive experience in patented and unpatented mining claim ownership research. All personnel conducting work at sites where there is a suspected or confirmed uncontrolled release of a hazardous substance shall be trained as required by the Occupational Safety and Health Act (OSHA) Hazardous Waste Operations and Emergency Response (HAZWOPER) standard as outlined in 29 CFR 1910.120. C.5

PERMITS AND APPROVALS

The CONSULTANT shall obtain and maintain all licenses, permits, approvals and certifications required by Federal, State, county and municipal authorities necessary to do business and render services under this CONTRACT in the State. CONSULTANT must possess all appropriate federal and state permits needed to conduct archeological/historical survey/inventory work in Utah and submit copies of them for approval by the OWNER, PLPCO and, if appropriate, any local federal land managing agency officials. If BLM-managed public lands are involved, a Fieldwork Authorization Request (Federal Form 81513), signed by the appropriate BLM Field Office Manager, must be submitted to the OWNER prior to any fieldwork. If work is to occur on USDA Forest Service managed lands, the appropriate Special Use Permit must be obtained from the District Ranger and submitted to the OWNER prior to any field work. C.6

SPECIAL PRECAUTIONS

ABANDONED MINE SITES ARE HAZARDOUS. CONSULTANT will exercise extreme caution

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Request for Statements of Interest Reclamation Engineering and Related Services Page 35 of 79 when working near abandoned mines, equipment and structures. Some hazards, such as dangerous atmospheres, radiation, or unstable ground may not be readily apparent. CONSULTANT’s safety plan must be adequate to protect all personnel working within the project area. CONSULTANT shall not enter mines except for conducting bat surveys. All work requiring entering underground mine workings is extremely hazardous and extra precautions should be taken. C.7

CONSULTANT’S PUBLIC REPRESENTATION OF STATUS

CONSULTANT is an independent contractor in the performance of this CONTRACT. The CONSULTANT shall not represent itself as OWNER (DOGM/AMRP) or OSM to outside parties. To maintain public trust and not to mislead the public, the CONSULTANT shall, when communicating with outside parties, explain that it is a consultant to DOGM/AMRP. C.8

CONTRACT ADMINISTRATION

C.8.1

MANAGEMENT ROLES

CONSULTANT and OWNER shall each designate a single Contract Manager to manage the administrative, procedural, and financial requirements of this CONTRACT. Work Assignments (see Section C.9 below) may be managed by multiple Project Managers. C.8.2

NOTICES AND OTHER COMMUNICATIONS

CONSULTANT shall direct all invoices, change orders, lien waivers, and general CONTRACT administrative correspondence to the OWNER’s designated Contract Manager, who will forward them to the Project Manager designated by the OWNER for the respective Work Assignment. Communications relating to the technical aspects or execution of a Work Assignment and deliverables for a Work Assignment should be directed to the OWNER’s designated Project Manager for that Work Assignment. Whenever notice is required pursuant to the terms of this CONTRACT, such notice shall be in writing and shall be delivered by certified mail, return receipt requested, or by facsimile to the OWNER’s designated Contract Manager. If notice is delivered by certified mail, return receipt requested, such notice shall be effective three (3) days after the date of mailing. C.8.3

DESIGNATED CONTRACT MANAGERS

The OWNER’s designated Contract Manager is: Bob O’Brien Senior Reclamation Specialist Division of Oil, Gas and Mining 1594 West North Temple, Suite 1210 P.O. Box 145801 Salt Lake City, Utah 84114-5801 (801) 538-5437 (801) 359-3940 fax [email protected] The CONSULTANT’s designated Contract Manager is the person designated in Item 5 of the CONTRACT signature page.

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WORK PLAN PROCEDURE

C.9.1

REPRESENTATIVES

When a need for consultation or assistance arises and a set of tasks is defined, the OWNER shall assign a Project Manager, and the CONSULTANT shall designate a Project Manager for the WORK. The two Project Managers are responsible for carrying the tasks through to completion through the Work Assignment process. They will manage the technical requirements of the Work Assignment. Different people may be Project Managers for different Work Assignments. The Project Manager is not necessarily the same person as the Contract Manager (see Sections C.8.1 and C.8.2 above). C.9.2

PROPOSED WORK ASSIGNMENTS

The WORK to be performed under this CONTRACT initially will be defined in a Proposed Work Assignment issued by OWNER. Proposed Work Assignments shall generally specify WORK at only one abandoned mine site or project area, unless there is an inter-relationship or common goal among several sites or projects. The Proposed Work Assignments will be within the limits of the SOW of this CONTRACT, and will be in writing. The OWNER’s Proposed Work Assignment generally will include: •

• • • •

A narrative description of the objective for which the CONSULTANT’s services will be needed. This description will be made in terms of the “Tasks” described in the Attachment C: Scope of Work and in Attachment D: Task Specifications. There may be one or more tasks described in a Work Assignment; Information available to OWNER regarding the WORK, or a brief description of that information and where it can be found in OWNER’s offices; A projected timetable of events (including a required submittal date for the Proposed Work Plan from the CONSULTANT), proposed schedule, and completion date; Reporting and deliverables requirements if these are different from the general requirements in the Scope of Work; and, The OWNER’s file number to be used for all communications, deliverables, and invoices regarding the Work Assignment.

In addition, OWNER may, at its option, include an estimate of the level of effort to complete the WORK. C.9.3

PROPOSED WORK PLAN

In response to the Proposed Work Assignment, the CONSULTANT shall, within a maximum of ten (10) working days of receipt of the Proposed Work Assignment, or within the period of time established in the Proposed Work Assignment, submit to OWNER a Proposed Work Plan. The Proposed Work Plan shall detail the CONSULTANT’s proposed course of action, based on the information provided, and shall include a proposed schedule with completion date, and a proposed budget including fees. The Proposed Work Plan shall note and explain any differences between the OWNER’s projected schedule and expected level of effort and the CONSULTANT’s proposed schedule and level of effort or any other differences and shall, in addition, explain budget items as requested by OWNER. The CONSULTANT shall submit with each Proposed Work Plan a proposed list of key personnel for the given Work Assignment. Any change or substitution in key personnel from those individuals specifically identified by the CONSULTANT prior to the start of the WORK of this CONTRACT, must receive prior written approval from OWNER’s Project Manager or, if not available, appointed designee, if any.

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WORK ASSIGNMENT

The OWNER may approve or reject the Proposed Work Plan or may request modifications in its sole discretion. Upon approval of the Proposed Work Plan by the OWNER, the OWNER shall issue written approval as a Work Assignment. The CONSULTANT shall not proceed with the Work Assignment until the Proposed Work Plan is approved in writing by the OWNER subject to Section C.9.7 of this CONTRACT. The OWNER, in its sole discretion, may order the CONSULTANT to discontinue WORK at any time. C.9.5

EXECUTION OF WORK ASSIGNMENT

The CONSULTANT shall begin the WORK required by this CONTRACT within one (1) week following receipt of a Work Assignment issued by OWNER, and shall prosecute the WORK diligently through completion and to the satisfaction of OWNER. Progress meetings or telephone conference calls between OWNER and the CONSULTANT shall be held periodically. The CONSULTANT shall prepare and submit monthly progress reports to OWNER in a standard format approved by OWNER so that OWNER may evaluate the features and progress of the WORK. Progress meetings shall be held at a place designated by OWNER at a date and time mutually agreeable to the Parties. C.9.5

COMPLETION OF WORK ASSIGNMENT

Each Work Assignment shall follow a completion or close-out procedure consisting of the following: 1. The CONSULTANT shall send a written, signed notification to OWNER indicating that all Work Assignment tasks have been completed and requesting that OWNER sign and approve the notification. 2. OWNER shall review the notification and either approve or reject it. Should approval be made, OWNER shall send a copy of the fully executed notification to the CONSULTANT, including any final payment and retention release for the Work Assignment, and retain the original executed notification for its files. Should OWNER reject the notification, it shall notify the CONSULTANT of the disapproval. 3. CONSULTANT shall submit a project closeout record in Adobe Acrobat pdf format with compiled copies of administrative documents: Work Assignments, Work Plans, amendments, invoices, correspondence, deliverables, etc. C.9.6

MODIFICATIONS TO WORK ASSIGNMENTS AND WORK PLANS

Work Assignments and approved Work Plans shall be subject to immediate modification, suspension, or termination by OWNER. Work Assignments or approved Work Plans shall not change any terms or conditions of this CONTRACT. Where any language of the Work Assignment or approved Work Plan may suggest a change to the CONTRACT terms or conditions, the CONSULTANT shall immediately notify OWNER. Before exceeding the budget or completion date of an approved Work Plan, any additional costs or extensions to the Work Assignment completion date must have a signed and approved amendment to the Work Assignment. This amendment shall establish a defined budget and a fee negotiated prior to the start of the amended scope of Work. The CONSULTANT will not be paid for fees or expenditures in excess of the original budget unless pre-approved in writing by OWNER.

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PROCEEDING WITHOUT A WORK PLAN

In case of a situation requiring expedited response, at the discretion of the OWNER, WORK on a Work Assignment may proceed in the absence of an approved Work Plan. Any such authorization by OWNER shall be in writing prior to the start of WORK. At a minimum, the maximum cost and associated fee shall be established and confirmed in writing in the authorization referenced above. A Proposed Work Plan describing the WORK performed and costs may subsequently be required by OWNER and shall be subject to the same procedures as contained in Section C.9.3 of this CONTRACT. C.9.8

EXPEDITED RESPONSES

In the event of a situation requiring expedited response as determined by OWNER, the CONSULTANT shall be on-site within twenty four (24) hours or whatever longer period is specified by OWNER, and shall work under the direction of the OWNER Project Manager. In an expedited response situation, a Work Plan need not be prepared or approved prior to beginning the WORK, but shall be required as provided for in Section C.9.7 of this CONTRACT. Written authorization to proceed, including the establishment of the maximum cost and associated fee, is required prior to the start of the WORK. C.10

OTHER CONTRACTS

C.10.1 COORDINATION OWNER may perform additional work related to this CONTRACT or award other contracts and/or Work Assignments for such Work to other contractors. The CONSULTANT shall cooperate fully with such other contractors or public officers and public employees in the scheduling of and coordination of its own WORK with such third party work. The CONSULTANT shall give other contractors reasonable opportunity for the execution of their work and shall not commit or permit any act which will interfere with the performance of work as scheduled by any other contractor or by public officers and public employees. This section shall be included in all Subcontracts and will be included in the contracts of all contractors with whom this CONSULTANT will be required to cooperate. C.10.2 DISTRIBUTION OF WORK OWNER may have two or more consultants conducting work similar or identical in nature to the WORK of this CONTRACT. The decision as to workload distribution shall be made by OWNER alone and shall not be subject to challenge. OWNER will consider the following criteria when issuing Work Assignments: • • • • • • C.11

Any geographic considerations based on the CONSULTANT’s location, or upon work already assigned or otherwise being performed by the CONSULTANT in the geographic area; Any existing or potential conflict of interest by the CONSULTANT; Special Work Assignment requirements that can better be met by a particular consultant; Work previously performed by a consultant in the project area; Past performance of the CONSULTANT; and Availability and ability to compete within needed timeframe. DUTY TO DILIGENTLY PROCEED

The CONSULTANT agrees to proceed with the SOW (Attachment C) of this CONTRACT and approved Work Plans, or written amendments, continually and diligently, and will make no

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Request for Statements of Interest Reclamation Engineering and Related Services Page 39 of 79 charges or claims for extra compensation for delays or hindrances within its control during the progress of this CONTRACT. C.12

DEFICIENCIES

If technical deficiencies, inaccurate land ownership data, other engineering related problems or problems with adequacy of the cultural survey report by SHPO or federal reviewing agency (if applicable) are encountered in the final product in its use during the bidding or construction process, the OWNER may require further information, clarification, or verification of assumptions from the CONSULTANT. It is expected that if such deficiencies are found, the CONSULTANT will act to alleviate and resolve any conflicting, missing or unsubstantiated information found within the Engineering and Design, Cultural Report or Bat Report, and Ownership data at no additional cost. It is not the intent of the OWNER to bind the CONSULTANT to work that is not included as part of the WORK. The OWNER’s intent is to require the CONSULTANT to complete the engineering and design accurately and in sufficient detail to perform construction work. C.13

COMPENSATION

Compensation under this CONTRACT shall be through a “Cost-Plus-Award-Fee” type arrangement. See Attachment E: Cost Reimbursement for the terms of and procedures for compensation for WORK performed under this CONTRACT. C.14

TASKS

The OWNER may require the CONSULTANT as needed to perform the following tasks as specified in Attachment D: Task Specifications: Abandoned Noncoal Mine Inventory Abandoned Noncoal Mine Maintenance Inventory Abandoned Coal Mine Maintenance Inventory Abandoned Coal Mine Inventory Coal Fire Investigation Reclamation Engineering and Design Cultural Surveys and Related Services Biological Surveys and Related Services Land Ownership Research Landowner Consent Acquisition NEPA Analysis and Documentation Construction Project Engineering Support and Inspection Mapping, Surveying, and GIS Services Other Professional Services C.15

AMENDMENTS TO THE CONTRACT

Amendments to the CONTRACT shall be in the form of a Contract Amendment (change order) signed by both Parties and identical in format to the sample Contract Amendment included in Appendix C. Each Contract Amendment shall become attached to and part of the CONTRACT under the terms of the CONTRACT with changes as stipulated on the amendment. Contract Amendments shall not release the CONSULTANT from any other terms or conditions that apply and are a part of the CONTRACT. The Contract Amendment must be fully executed prior to the CONSULTANT undertaking any additional WORK.

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Request for Statements of Interest Reclamation Engineering and Related Services Page 40 of 79 Modifications to Work Assignments that do not require a change in CONTRACT terms and conditions shall be handled as described in Section C.9.6 above and do not require a Contract Amendment. C.16

SERVICES AND FACILITIES PROVIDED BY OWNER

The OWNER shall provide any information that has been gathered in the initial field inventories or previous project work. Specifically, the following items will be furnished to the CONSULTANT or made available for CONSULTANT's use: • • • •

Any site-specific information that the OWNER has that would be helpful to the CONSULTANT in accomplishing the WORK. The OWNER’s Project Manager or designated representative, as available, to accompany CONSULTANT to the project area for orientation. Access to resources in the OWNER’s possession that may aid in the completion of the WORK, such as project and site files, correspondence, slides, photographs, and aerial photographs relating to the project area. Sample CD that provides required formats and submittals for inventory product.

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ATTACHMENT D: TASK SPECIFICATIONS D.1

THE TASKS

This Attachment D describes the various tasks that may be included in a Work Assignment (see Attachment C, Section C.9). Detailed specifications for the tasks, including the geographic location of the work, specific requirements, and deliverables, will be provided in the Work Assignment. A Work Assignment may contain more than one task. Not every item of work outlined in the task descriptions below will necessarily be included in a particular Work Assignment containing that task. The tasks and their respective sections are as follows: D.2 D.3 D.4 D.5 D.6 D.7 D.8 D.9 D.10 D.11 D.12 D.13 D.14 D.15

ABANDONED NONCOAL MINE INVENTORY ABANDONED NONCOAL MINE MAINTENANCE INVENTORY ABANDONED COAL MINE MAINTENANCE INVENTORY ABANDONED COAL MINE INVENTORY COAL FIRE INVESTIGATION RECLAMATION ENGINEERING AND DESIGN CULTURAL SURVEYS AND RELATED SERVICES BIOLOGICAL SURVEYS AND RELATED SERVICES LAND OWNERSHIP RESEARCH LANDOWNER CONSENT NEGOTIATION NEPA ANALYSIS AND DOCUMENTATION CONSTRUCTION PROJECT ENGINEERING SUPPORT AND INSPECTION MAPPING, SURVEYING, AND GIS SERVICES OTHER PROFESSIONAL SERVICES

D.2

ABANDONED NONCOAL MINE INVENTORY

D.2.1

BACKGROUND

Section 409(c) of SMCRA authorizes the reclamation of mines other than coal mines under certain conditions. SMCRA-funded noncoal reclamation is limited to mitigation of Priority 1 hazards, which OWNER interprets as closure of open shafts and adits to eliminate physical safety hazards. Noncoal mine inventory differs from coal mine inventory in that it usually focuses on individual shafts and adits and has a lesser focus on identifying and documenting environmental problems. However, projects funded from other sources may address environmental problems. Work Assignments for noncoal mine inventory typically will blanket an entire project area that may be on the order of 5-20 square miles and 50-200 mine openings. Noncoal mine inventory Work Assignments typically will be bundled with the reclamation engineering and design, cultural survey, biological survey, and land ownership research tasks. D.2.2

EXECUTION

The CONSULTANT shall conduct a thorough search of literature, aerial photographs, and other remote sensing tools for information pertaining to abandoned mines within the project area. The CONSULTANT will develop a systematic approach to ensure that all abandoned mines in the project area are inventoried, identified and documented. Each inventoried mine opening shall be assigned a unique site identifier (Tag Number, see Appendix D). The CONSULTANT shall mark all mine features with permanent and lasting markers. The CONSULTANT shall collect GPS location points for mine features and access routes to all hazardous mine features. When

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Request for Statements of Interest Reclamation Engineering and Related Services Page 42 of 79 required, CONSULTANT shall characterize environmental hazards (e.g. chemical contamination, vegetation impacts) at noncoal mine sites. The CONSULTANT is required to complete abandoned mine inventory forms for all hazardous mine features including waste rock dumps. Inventory forms shall include plan view and crosssection sketches of all hazardous mine features. Inventory forms shall include sufficient site data to allow OWNER to evaluate alternative closure options. When backfill is recommended, the source of backfill material shall be quantified and identified on a sketch map. Mine dump data must be sufficient to calculate volume. All inventoried mine features shall be photographed. D.2.3

DELIVERABLES

The CONSULTANT shall prepare a Report of Investigations (ROI) outlining the methods and findings of the inventory. CONSULTANT shall provide locations of mine features and access routes as GIS shapefiles. CONSULTANT shall tabulate inventory information in the ProjSummary.xls spreadsheet in the required format (see Section D.16.2). CONSULTANT shall provide inventory forms, photos, and maps as specified in the Work Assignment. Product from the noncoal mine inventory task will provide the basis for the reclamation engineering and design, cultural survey, biological survey, land ownership research, and NEPA analysis and documentation tasks. D.3

ABANDONED NONCOAL MINE MAINTENANCE INVENTORY

D.3.1

BACKGROUND

The OWNER has completed approximately 4,000 noncoal mine closures to date. Many of these have been damaged through human vandalism or compromised as a result of the natural working of erosion, corrosion, and gravity. The OWNER needs to identify weakened or failed mine closures as a first step to repairing them. Work Assignments for abandoned noncoal mine maintenance inventory may be ad hoc standalone responses to a need but typically will encompass an identified project area. Abandoned noncoal mine maintenance inventory Work Assignments may be bundled with the reclamation engineering and design and the land ownership research tasks. D.3.2

EXECUTION

The CONSULTANT shall visit previous noncoal reclamation projects and document the current condition of the mines as directed in the Work Assignment. The CONSULTANT shall photograph each feature and record problems with notes and dimensioned sketches as appropriate to enable design of repairs. Documentation should not be limited to identifying problems, but should also include affirmative statements of positive results (i.e. “feature is in good condition”). Previously unknown mine features may be discovered in an existing project area. In this case, the CONSULTANT shall inventory them as required in Section D.2. The CONSULTANT shall assign a tag number to each new feature located, record its location with GPS, and photograph it. In addition, the CONSULTANT shall describe and document each new feature with dimensioned plan view and cross-sectional sketches.

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DELIVERABLES

The CONSULTANT shall prepare a ROI outlining the methods and findings of the maintenance inventory. Product from the noncoal mine maintenance inventory task will provide the basis for the reclamation engineering and design task. D.4

ABANDONED COAL MINE MAINTENANCE INVENTORY

D.4.1

BACKGROUND

The OWNER inventoried and reclaimed abandoned coal mines throughout the state in the 1980’s and early 1990’s. This period predated the adoption of the standardized mine feature identification system (Tag Numbers, see Appendix D) and the use of GPS equipment and GIS software for managing spatial data. Thus much of the OWNER’s coal mine data are in outdated formats not fully compliant with the current data standards. The coal project data and records are almost entirely non-digital. Some of the reclaimed coal mines have not been revisited by the OWNER since the reclamation was completed. Consequently, the OWNER needs information on the current condition of the mines to identify maintenance needs. Work Assignments for coal mine maintenance inventory typically will encompass an identified project area or county. Coal mine maintenance inventory Work Assignments may be bundled with the reclamation engineering and design and land ownership research tasks. D.4.2

EXECUTION

The CONSULTANT shall visit the coal mine sites in previous reclamation projects to document their current conditions. The CONSULTANT shall record each mine site’s feature locations with GPS and photograph them. In addition, the CONSULTANT shall describe and document the features with dimensioned plan view and cross-sectional sketches. The OWNER’s interests include both public safety hazards and environmental degradation. A significant component of the site visit is to determine which mine features have developed problems that warrant maintenance reclamation work. The goal of most of the coal reclamation projects was to restore the mines sites to their premining conditions. If the reclamation was successful, then some features identified before reclamation may not exist afterwards. The CONSULTANT shall make a concerted effort to locate all features, but the OWNER recognizes that this will not always be possible. The CONSULTANT shall relocate all reclaimed coal mine features listed in the Work Assignment, to the extent that the features still exist, and examine and document the current condition of the mine closures or other reclamation action. The CONSULTANT shall photograph each feature. CONSULTANT should assemble a survey form, data dictionary, or other recordation method that would facilitate the thorough documentation of the site conditions. Documentation should not be limited to identifying problems, but should also include affirmative statements of positive results (i.e. “feature is in good condition”). Additional mine features not identified in the Work Assignment are known to exist on previously reclaimed coal mines. If a notable feature is encountered in the field task, the surveyor should assign it a new tag number, record its location with GPS, and photograph it, as required for other features. New features shall be included in all deliverable product reports and data. The CONSULTANT shall assess and document conditions at each mine site. This “big picture”

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Request for Statements of Interest Reclamation Engineering and Related Services Page 44 of 79 look should note general problems that may not be tied to a particular feature and/or identify problems that become cumulatively significant when several minor issues are aggregated. The CONSULTANT shall take overview photographs of each mine site in addition to feature photographs. D.4.3

DELIVERABLES

The CONSULTANT shall prepare a ROI outlining the methods and findings of the maintenance inventory. The ROI shall document the conditions observed by the field inventory. Each project discussion will contain maps showing the mine features in that project. The report must identify problem areas and recommend sites that require maintenance. Photos, drawings, and maps of problems should be included. All mine inventory data must be tabulated in the ProjSummary.xls spreadsheet (see Section D.16.3). Product from the coal mine maintenance task will provide the basis for the reclamation engineering and design, cultural survey, biological survey, land ownership research, and NEPA analysis and documentation tasks. D.5

ABANDONED COAL MINE INVENTORY

D.5.1

BACKGROUND

Many abandoned coal mines in Utah have been identified and reclaimed by the OWNER, but there are still previously unidentified abandoned coal mines that require inventory. Work Assignments for abandoned coal mine inventory typically will encompass an entire county. Abandoned coal mine maintenance inventory Work Assignments may be bundled with the reclamation engineering and design and land ownership research tasks. D.5.2

EXECUTION

CONSULTANT shall research the OWNER’s records and published mineral data sources such as H.H. Doelling’s coal monographs, U.S. Bureau of Mines and U.S. Geological Survey bulletins, and the CRIB/UMOS databases, and cross-check mine listings in the literature against known abandoned coal mine sites to generate a target list of coal mine sites to inventory. The target list must be reviewed and approved by the OWNER. The CONSULTANT shall visit each identified coal mine site to document its current condition. This task is generally similar to that for the coal mine maintenance inventory task in Section D.4 except that the list of sites to visit and features to record has not been previously tabulated. This task is generally similar to that for the noncoal mine inventory task in Section D.2 except that the range of mine features and problems to record includes environmental disturbance as well as safety hazards. The CONSULTANT shall assign a tag number to each new feature located, record its location with GPS, and photograph it. In addition, CONSULTANT shall describe and document each new feature with dimensioned plan view and cross-sectional sketches. D.5.3

DELIVERABLES

The core data and deliverable requirements for inventory of abandoned coal mine sites not previously reclaimed are the same as specified for the coal mine maintenance inventory task in Section D.3.4.

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Request for Statements of Interest Reclamation Engineering and Related Services Page 45 of 79 Product from the coal mine inventory task will provide the basis for the reclamation engineering and design, cultural survey, biological survey, land ownership research, and NEPA analysis and documentation tasks. D.6

COAL FIRE INVESTIGATION

D.6.1

BACKGROUND

Approximately 17 underground coal fires are known to exist in Utah at abandoned mines. Underground coal fires are very difficult to understand and control. OWNER has studied and monitored several fires over the last two decades and has attempted to control one. This task is similar to that for abandoned coal mine inventory, but differs in the focus on a single type of problem requiring specialized analytical techniques and knowledge. Work Assignments for coal fire investigation will typically encompass one or more coal fire locations previously identified by the OWNER. Coal fire investigation Work Assignments may be bundled with the reclamation engineering and design and land ownership research tasks. D.6.2

EXECUTION

CONSULTANT shall study and compile existing data on coal fires from OWNER’s previous investigations and other sources. The CONSULTANT shall visit each fire location and document the current conditions. The CONSULTANT shall analyze the geology and records from previous investigations and interpret the dynamics of the fire (origin, temperatures, gas emissions, extent of burn zone, location of burn front, burn rate, oxygen sources, fuel supply, etc). The intent of the analysis is to determine whether the fire is an outcrop fire or mining related and to assess the feasibility of extinguishing the fire. The analysis should consider public safety, the amount of coal resource at risk from future burning, the cost of extinguishing the fire, and the probability of success. D.6.3

DELIVERABLES

The CONSULTANT shall prepare a ROI with findings and fire management recommendations. The ROI will identify problem areas and recommend sites requiring extinguishment. Photos, drawings, and maps of problems should be included. Product from the coal fire investigation task will provide the basis for the reclamation engineering and design, land ownership research, and NEPA analysis and documentation tasks. D.7

ABANDONED MINE RECLAMATION ENGINEERING AND DESIGN

D.7.1

BACKGROUND

The inventory and field data collection tasks in Sections D.2 through D.5 above will identify abandoned mine problems. Engineering is required to plan and design solutions to the identified problems in order to proceed to construction to execute the design and mitigate the problems. Engineering services required may include, but are not limited to, technical analysis and assessment of site conditions, general engineering consultation, design of mine hazard abatement (shaft and adit closures), site grading and earthwork design, design of environmental remediation (watershed restoration, environmental contaminant removal or treatment), design of hydrologic controls, landscape and revegetation design, etc. Work Assignments for reclamation engineering and design may be ad hoc standalone responses to a need but will typically be tied to a reclamation project. Reclamation engineering and design

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Request for Statements of Interest Reclamation Engineering and Related Services Page 46 of 79 Work Assignments may be bundled with the abandoned coal and noncoal mine inventory, coal and noncoal mine maintenance inventory, and coal fire investigation tasks. D.7.2

EXECUTION

Using data from field inventory and site investigations, the CONSULTANT shall assess the potential hazards or other problems at each mine feature and recommend the appropriate reclamation action, applying accepted engineering standards and practices and considering other relevant concerns (e.g. cultural/historic and bat status, construction logistics, and practicality). The CONSULTANT shall recommend acceptable alternative actions in case the first choice recommendation cannot be implemented. This task may require the calculation of loads and safety factors, earthwork cut/fill balancing, hydrologic design, revegetation design, etc. The CONSULTANT shall estimate materials quantities (e.g., cubic yards of earthwork, cubic yards of backfill, square feet of wall or grate, etc.) required to perform the reclamation action. The CONSULTANT shall evaluate sources and quantities of available onsite construction materials (backfill, stone for walls and riprap, etc.). The CONSULTANT shall prepare design drawings and maps to show a construction contractor how to build or perform the reclamation work. The CONSULTANT shall use these estimated quantities and drawings to prepare site-specific work descriptions, detailed cost schedules, and construction specifications or bid packages. D.7.3

DELIVERABLES

The CONSULTANT shall prepare a ROI outlining the methods used to determine the recommended design and containing supporting documentation and calculations. The CONSULTANT shall prepare site-specific work descriptions, a detailed cost schedule and bid sheets, and construction specification bid packages including maps and design drawings. Product from the reclamation engineering and design task will provide the basis for the cultural survey, biological survey, land ownership research, NEPA analysis and documentation, and construction project inspection and support tasks. D.8

CULTURAL SURVEYS AND RELATED SERVICES

D.8.1

BACKGROUND

The OWNER’s reclamation projects are primarily funded from federal sources. Section 106 of the National Historic Preservation Act compliance is a major activity for the OWNER. The OWNER must document that it has considered the effects of its undertakings on cultural resources. This typically requires a cultural survey of the project area performed by a qualified archeologist. In addition to Section 106 compliance, cultural expertise is needed for cultural resource management recommendations, policy advice, and educational outreach. Work Assignments for cultural surveys and related services may be ad hoc standalone responses to a need but will typically be tied to a reclamation project. Cultural surveys and related services Work Assignments may be bundled with the coal and noncoal mine inventory, coal and noncoal mine maintenance inventory, and reclamation engineering and design tasks to ensure that cultural resources are considered in the project planning. D.8.2

EXECUTION

The CONSULTANT shall research and write a historical overview/context of the project area. The historical overview must be sufficient to establish the necessary context to assess National

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Request for Statements of Interest Reclamation Engineering and Related Services Page 47 of 79 Register eligibility. The CONSULTANT 's permitted archeologist shall devise and carry out a suitable survey design to record the mines in the project area and identify the Area of Potential Effect (APE) in accordance with any applicable rules, policies, or agreements. CONSULTANT shall record cultural resources associated with the mine features designated for reclamation. All sites, features, datums, preferred equipment access routes, and site boundaries including the APE shall be located by GPS. The archeologist shall determine eligibility and determine effect for each eligible property. If the cultural survey work is bundled with mine inventory or engineering work in the Work Assignment, the CONSULTANT’s cultural and engineering teams shall collaborate to develop closure and reclamation designs that are sensitive to and compatible with preserving historic properties or cultural resources whenever possible. If the cultural survey work is independent of the inventory or engineering work, the CONSULTANT shall make effect and management recommendations on existing or anticipated future reclamation designs. The final closure or reclamation design recommended to OWNER by the engineering team should utilize mitigation measures to reduce impacts to historic properties whenever feasible: a “no adverse effect” determination is the goal whenever possible. In rare cases when an “adverse effect” determination appears to be unavoidable, the CONSULTANT must provide clear suggestions and recommendations for appropriate mitigation measures needed to accomplish the reclamation. The CONSULTANT shall provide other professional historical/archeological services as specified in the Work Assignment. This may include but is not limited to providing advice and facilitating agency negotiations in “adverse effect” situations, recording sites to HABS/HAER or other standards for the purpose of mitigating adverse effects of proposed projects on cultural resources, collecting oral history interviews, conducting archeological excavations, researching and writing historic contexts, writing articles for scholarly or general interest publications, and creating interpretive or educational materials such as brochures, plaques, and website content. D.8.3

DELIVERABLES

The CONSULTANT shall provide a final cultural survey report that includes the historical context, survey methods, survey findings, and cultural resource management recommendations. The report must be adequate to be used by OWNER to establish National Register eligibility and to determine the effect of the proposed reclamation work on eligible sites in order to comply with the NHPA Section 106. This report must be submitted to OWNER in draft form for review and approval by OWNER, the federal land managing agency, and possibly SHPO before the final version is delivered. All cultural survey data must be tabulated in the ProjSummary.xls spreadsheet (see Section D.16.2). Product from the cultural surveys and related services task will provide the basis for the reclamation engineering and design and the NEPA analysis and documentation tasks. D.9

BIOLOGICAL SURVEYS AND RELATED SERVICES

D.9.1

BACKGROUND

Several species of bats, including some considered sensitive in the state, inhabit abandoned mines. The OWNER needs data on bat usage of mines in order to know how to conserve high value bat habitat through the use of bat-compatible mine closures and mitigative actions. Occasionally, threatened or endangered plant or animal species may potentially be affected by a reclamation project. OWNER may require surveys and management recommendations for nesting raptors, plants, or other species occurrences.

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Bid PM9028

Request for Statements of Interest Reclamation Engineering and Related Services Page 48 of 79 Work Assignments for biological surveys may be ad hoc standalone responses to a need but typically will be tied to a reclamation project. Work Assignments for biological surveys and related services may be bundled with the noncoal mine inventory, coal mine maintenance inventory, and reclamation engineering and design tasks to ensure that bats and other species are considered in the mine reclamation planning. D.9.2

EXECUTION

Most of the required biological surveys will be for bats. The CONSULTANT’s bat biologist will conduct internal mine surveys to evaluate roosting habitat and roost characteristics for bat species using the mines, and determine the suitability of mines as habitat for bats. Surveys will be conducted two times: a cool season survey sometime from November through May, and a warm season survey sometime from July through September. The bat biologist will determine the type of bat use (species and purpose) and whether it is high, medium or low for each mine opening. Data content will adhere to the OWNER’s Bat Survey Form, including micro-climatic measurements recorded for each mine (e.g., airflow direction, temperature, humidity, etc.). Additional data will include mine characteristics such as the presence and location of stopes, raises and winzes. Roosting bats will be identified to species and characterized in terms of abundance and location within the mine. The surveyor will complete each section of the Bat Survey Form, recording all required and pertinent information directly on the form. Requirements for other biological services will be determined at the time of need and specified in the Work Assignment. Likely biological survey targets would be Swainson’s and ferruginous hawks, Mexican spotted owl, raptors in general, southwest willow flycatcher, migratory songbirds, and federal status plants. Other required services may include, but are not limited to, making species management recommendations and preparing Biological Opinions for endangered species. D.9.3

DELIVERABLES

The CONSULTANT shall prepare a ROI identifying survey methods, survey findings, and species management recommendations. The CONSULTANT shall complete and submit Bat Survey Forms. All bat survey data must be tabulated in the ProjSummary.xls spreadsheet (see Section D.16.2). Product from the biological surveys task will provide the basis for the reclamation engineering and design and the NEPA analysis and documentation tasks. D.10

LAND OWNERSHIP RESEARCH

D.10.1 BACKGROUND The OWNER requires written consent for Right of Entry (ROE) from private landowners in order to proceed with reclamation construction on private land. Land ownership patterns can be particularly complex in hardrock mining areas because ownership parcels (patented mining claims) are small and can overlap and because ownership of parcels often is divided through inheritance or transfer over the years, necessitating detailed research to ascertain correct ownership. Work Assignments for land ownership research may be ad hoc standalone responses to a need but will typically be tied to a reclamation project. Land ownership research Work Assignments may be bundled with the noncoal mine inventory, noncoal mine maintenance inventory, coal mine

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Request for Statements of Interest Reclamation Engineering and Related Services Page 49 of 79 maintenance inventory, coal mine inventory, and landowner consent acquisition tasks. D.10.2 EXECUTION CONSULTANT shall conduct research to determine property boundaries and ownership (surface and mineral) for affected lands in the project area. Affected lands are those that have mine features (open or closed) and/or access routes to mine features located on them. CONSULTANT shall compile all information necessary for OWNER to obtain Right of Entry Consents for reclamation construction. In general, OWNER expects that CONSULTANT shall obtain current land ownership information only; it is not necessary to obtain a full Chain of Title. However, it may be necessary to research land ownership records to a point where unclear and/or disputed ownership can be adequately and reasonably resolved. The CONSULTANT shall contact each landowner to confirm land ownership research. However, unless specifically authorized in a Work Assignment under Section D.10 below, CONSULTANT shall not negotiate closures or attempt to acquire consents of any kind. D.10.3 DELIVERABLES The CONSULTANT shall draft and plot boundaries of all patented and unpatented claims and private parcels on maps. CONSULTANT shall generate a polygon shapefile containing all claims and private parcels and produce a set of maps that show land ownership boundaries in relation to mine features and access routes. The CONSULTANT shall also compile the following land ownership information: tag number; owner number; surface and subsurface owner name, percent ownership, address, and phone number; patented and unpatented claim name; land type (e.g., Federal, Private, etc.); claim type (patented or unpatented); land number (MS, Lot, UMC, or Parcel number); quarter section in which mine feature is located; county; ownership type (surface, minerals, or both); date of land acquisition; title information (book and page number), recommended closure type; log of correspondence with landowner; a list of sources utilized for land ownership verification (e.g., State Tax Commission), and map sheet reference. All land ownership data must be tabulated in the ProjSummary.xls spreadsheet (see Section D.16.2). The CONSULTANT shall provide photocopies of pertinent documents that serve to establish and corroborate ownership. Product from the land ownership research task will provide the basis for the landowner consent acquisition, NEPA analysis and documentation, and construction project inspection and support tasks. D.11

LANDOWNER CONSENT ACQUISITION

D.11.1 BACKGROUND The OWNER requires written consent for Right of Entry (ROE) from private landowners in order to proceed with reclamation construction on private land. Work Assignments for landowner consent negotiation may be ad hoc standalone responses to a need but will typically be tied to a reclamation project. Landowner consent negotiation Work Assignments may be bundled with the land ownership research and construction project inspection and support tasks.

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Request for Statements of Interest Reclamation Engineering and Related Services Page 50 of 79 D.11.2 EXECUTION The CONSULTANT shall contact identified landowners with the goal of securing written ROE consent for reclamation construction. The CONSULTANT shall present the reclamation proposal to the landowners, explain the lien provision of SMCRA, and negotiate to obtain consent. In some cases this may require site visits with the landowner to discuss reclamation proposals. Changes to the reclamation proposal must be coordinated with and approved by the OWNER’s Project Manager. Where multiple parties own a parcel, consent must be obtained from a majority share of ownership. Consent shall normally be obtained using the OWNER’s Right of Entry Consent Form. D.11.3 DELIVERABLES The CONSULTANT shall provide an administrative record of all activities pertaining to this task, including a log of all landowner contacts (written, electronic, telephone) and copies of all correspondence sent and received. The CONSULTANT shall provide original signed copies of executed ROE consent forms. Product from the landowner consent negotiation task will provide the basis for the construction engineering support and project inspection task. D.12

NEPA ANALYSIS AND DOCUMENTATION

D.12.1 BACKGROUND The OWNER’s reclamation projects are primarily funded from federal sources. Under Section 102 of the National Environmental Policy Act (NEPA), OWNER is required to consider the effects of its undertakings on the environment. This is typically achieved through the preparation of an environmental assessment (EA). Work Assignments for NEPA analysis and documentation may be ad hoc standalone responses to a need but will typically be tied to a reclamation project. NEPA analysis and documentation Work Assignments may be bundled with the coal and noncoal mine inventory, coal and noncoal mine maintenance inventory, reclamation engineering and design, cultural surveys and related services, and biological survey tasks to ensure that the environment and public concerns are considered in the mine reclamation planning. D.12.2 EXECUTION The CONSULTANT shall assist the OWNER in drafting the NEPA analysis document, usually an EA. The CONSULTANT may take the lead in drafting or provide support as part of an interagency interdisciplinary team. The CONSULTANT shall assist the OWNER in compliance with Section 7 of the Endangered Species Act. This may include consultation with the Utah Division of Wildlife Resources to identify potential threatened, endangered, or sensitive species in a project area, performing research to determine potential effects of reclamation on species, performing field surveys for plant or animal species, and assisting with informal Section 7 consultation with the U.S. Fish and Wildlife Service. The CONSULTANT shall assist the OWNER in coordinating NEPA compliance with federal land management agencies. This may include participating on interdisciplinary teams and in the scoping process.

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Request for Statements of Interest Reclamation Engineering and Related Services Page 51 of 79 The CONSULTANT shall assist the OWNER in soliciting public comment on the project proposal and NEPA document. This may include publicizing and conducting public meetings, preparing presentations and informational materials, and making media appearances. D.12.3 DELIVERABLES The CONSULTANT shall provide an administrative record of all activities pertaining to this task, including a log of all agency contacts (written, electronic, telephone), records of public meetings and contacts, and copies of all correspondence sent and received. The CONSULTANT shall provide print and electronic copies of NEPA analysis documents (EA or CX). Product from the NEPA analysis and documentation task will provide the basis for the reclamation engineering and design task. D.13

CONSTRUCTION PROJECT ENGINEERING SUPPORT AND INSPECTION

D.13.1 BACKGROUND The OWNER may require engineering support and project inspection during the construction phase of a project. New or unforeseen site conditions can necessitate changes in reclamation design during construction, complex designs can require interpretation, and the OWNER’s staffing shortages can necessitate taking on outside inspectors to monitor construction. Work Assignments for construction engineering support and project inspection may be ad hoc standalone responses to a need but will typically be tied to a reclamation project. Construction project inspection and support Work Assignments may be bundled with the reclamation engineering and design task to ensure continuity between design and execution of the reclamation. D.13.2 EXECUTION The CONSULTANT shall provide professional support and oversight services during procurement of reclamation construction by the OWNER. This may include but is not limited to responding to and documenting questions or requests for clarifications from potential bidders, assisting in the preparation of any necessary addenda to bid documents, and attending and documenting any pre-bid meetings or site visits. The CONSULTANT shall provide a qualified person to monitor the execution of reclamation construction procured by the OWNER and ensure adherence to construction standards and to the project specifications. That person will be known as the Project Inspector. The Project Inspector shall act as the OWNER’s onsite representative. If the Project Inspector identifies design problems during construction, the CONSULTANT shall correct the problem and provide corrected designs and professional engineering advice for new issues as they arise. When such services are required as the result of the CONSULTANT’s oversight during the project design, deficiencies will be corrected without further cost. If unforeseeable field conditions cause the need for redesign, the CONSULTANT will be paid in accordance with the previously established fee schedule. D.13.3 DELIVERABLES The CONSULTANT shall provide original signed copies of daily inspection reports.

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Request for Statements of Interest Reclamation Engineering and Related Services Page 52 of 79 CONSULTANT shall provide digital photos logged and renamed according to OWNER’s photo file naming convention (see Appendix D). CONSULTANT shall provide an administrative record of all activities pertaining to this task, including a log of all contacts (written, electronic, telephone) and copies of all correspondence sent and received. D.14

MAPPING, SURVEYING, AND GIS SERVICES

D.14.1 BACKGROUND The graphic depiction of geographically distributed data on maps and analysis of those data are critical tools for all phases of the OWNER’s operations. Maps are needed to conduct inventories and portray inventory results, design reclamation (e.g. earthwork design cut/fill calculations), and communicate to other parties. Therefore the acquisition of geospatial data through surveys and the analysis, interpretation, and presentation of geospatial data using GIS are standard tasks, although usually a means to accomplishing one of the other tasks described above. Work Assignments for mapping, surveying, and GIS services will normally be subsidiary to other tasks, but may be required as an ad hoc standalone response to a need. Mapping, surveying, and GIS services are integral to all other tasks and may not necessarily be specifically called out in a Work Assignment. D.14.2 EXECUTION The CONSULTANT shall prepare maps as required for coal and noncoal abandoned mine inventory, reclamation engineering and design, cultural and biological surveys, land ownership, NEPA compliance, public meetings, and other purposes. Maps may be compiled using GPS surveys, 3D laser scanning, photogrammetry, traditional total station land surveys, LIDAR, or other technologies as appropriate for the end use and specified in the Work Assignment. CONSULTANT shall format geospatial data from inventory and other tasks as GIS shapefiles or CAD drawings as appropriate for the end use and specified in the Work Assignment. Map content, scale, layout, and digital format shall be determined in consultation with the OWNER. Much of the OWNER’s coal mine maps from the 1980’s and 1990’s are in outdated formats. The coal project maps are almost entirely non-digital. Most larger coal mine reclamation project plans were depicted on topographic maps created using photogrammetric methods and drafted on Mylar sheets inscribed with a State Plane coordinate grid. Other coal mine maps came from other sources that may not have a coordinate system. The CONSULTANT shall compile digital location data for mine features from the OWNER’s existing analog maps as specified in the Work Assignment and convert them to a digital, UTM-based, GIS-compatible format. D.14.3 DELIVERABLES The CONSULTANT shall provide OWNER with GIS shapefiles of geospatial data, Excel spreadsheets, hard copy maps, and/or Adobe Acrobat (.pdf) copies of maps as specified by the Work Assignment. Maps shall be certified by the seal of a registered professional engineer in the State of Utah with a PE license in civil or mining engineering. Maps shall contain a verbal (rational and/or equivalent units) and graphic scale, north arrow, and legend. Map layout and graphic design should strive towards maximum utility, clarity, and legibility. Product from the mapping, surveying, and GIS services task will be used for all other tasks.

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Request for Statements of Interest Reclamation Engineering and Related Services Page 53 of 79 D.15

OTHER PROFESSIONAL SERVICES

D.15.1 BACKGROUND The OWNER occasionally has need for professional services that do not fall neatly under any of the tasks described above in Sections D.2 through D.14 but that fall within the CONSULTANT’s capabilities. Work Assignments for other professional services may be ad hoc standalone responses to a need but may be tied to a reclamation project. They may be bundled with any other task. D.15.2 EXECUTION CONSULTANT shall perform the tasks as specified in the Work Assignment. Related professional services that may be tasked from the CONSULTANT in a Work Assignment include, but are not limited to, sampling, testing, and analyses of environmental media; technical and nontechnical writing; graphic design, layout, and preparation of materials for publication; photography and videography; preparation of informational or educational materials and presentations; public presentations and meeting facilitation; electronic data management; etc. D.15.3 DELIVERABLES Deliverables will be determined at the time of need and will be specified in the Work Assignment. Product from the other professional services task may form the basis for any other task. D.16

SPECIFICATIONS APPLICABLE TO ALL TASKS

D.16.1 GPS DATA All GPS data will be collected using a GPS unit capable of storing data in a data dictionary. GPS data must be suitable for output to an ESRI® shapefile or coverage. A recommended data dictionary for mine inventory (GPS\proj.ddf) will be provided by the OWNER. The CONSULTANT is encouraged to either modify or create a new data dictionary if doing so facilitates more efficient data collection. GPS data for noncoal mine inventory shall be accurate within 5 meters. GPS accuracy for other tasks shall be as appropriate for the task and specified in the Work Assignment. Locations shall be expressed in UTM coordinates and NAD83 projection. D.16.2 PROJECT SUMMARY SPREADSHEET Inventory data will be incorporated into a customized Microsoft Access database. Developed inhouse by the OWNER, the database requires that data conform to standard and exact formats. OWNER has designed a Microsoft Excel spreadsheet (ProjSummary.xls) to facilitate data import into the database. The OWNER shall provide CONSULTANT with a template for ProjSummary.xls and the CONSULTANT shall tabulate inventory information as a component of ProjSummary.xls. This spreadsheet also contains all the cultural and bat inventory information in a tabular format. The CONSULTANT may be required to submit other tabular information using ProjSummary.xls.

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Bid PM9028

Request for Statements of Interest Reclamation Engineering and Related Services Page 54 of 79 D.16.3 DIGITAL PHOTOS Photos shall be in JPG format with a minimum 6-megapixel resolution. For inventory photos, CONSULTANT shall normally take at minimum a close-up, an intermediate range, and an overview digital photo of each mine feature. Detailed photos shall be taken of any damage or problems requiring attention. Field inventory and photography shall not be performed on days when snow cover limits visibility of mining features. Lighting, exposure, and image composition should be managed to clearly illustrate the feature. Underexposed, overexposed, or extremely high contrast photos are not acceptable. Digital photos shall be renamed in accordance with the OWNER’s digital photo file name convention (see Appendix D). The OWNER shall provide the CONSULTANT with a template for photo data entry in a Microsoft Excel spreadsheet (PhotoLog.xls). CONSULTANT shall tabulate key photo information as a component of PhotoLog.xls. The CONSULTANT shall deliver digital photographs on CD and in print on regular (20 lb. copy or equivalent) white paper. Each printed digital photograph shall be labeled with the tag number, date the photo was taken, photo description, and the direction in which the photo was taken. The CONSULTANT will place the photos in the binders correlated with the appropriate inventory forms. Mine features shall be sorted by tag number and indexed by cadastral section. D.16.4 DELIVERABLES Written product shall be submitted in print and electronic form. Electronic files for text documents, spreadsheets, maps, and drawings shall normally be submitted in both the native file format of the source software application (e.g. *.doc, *.xls, *.dwg) as well as in Adobe Acrobat *.pdf format. The CONSULTANT shall deliver original inventory forms in 3-ring binders, no bigger than 3”, with mine features sorted by tag number and indexed by cadastral section. The CONSULTANT shall furnish all deliverables in draft form, including electronic deliverables, for approval prior to submitting final copies. The CONSULTANT shall submit draft components to the OWNER for approval as early as possible and on an ongoing basis. The OWNER expects ongoing communication with the CONSULTANT as the work progresses to ensure compatibility of the product with the OWNER’s requirements. The CONSULTANT will incorporate any revisions made by OWNER during the draft review into the product and resubmit drafts until the OWNER considers the product complete and provides written approval. D.16.5 SOFTWARE COMPATIBLILITY AND FILE FORMATS The OWNER uses the Microsoft 2000 versions of Word and Excel and requires the *.doc and *.xls filename extensions. The newer *.docx and *.xlsx filename extensions in the Microsoft 2007 suite are not supported (patches are available). Files generated by other manufacturers’ software (e.g. Corel or Open Office) should be saved as Microsoft compatible formats. The OWNER uses ESRI ArcMap 9.3 as its GIS application and Autodesk Map 2004 for drafting. D.16.6 DEFICIENCIES If technical deficiencies, other engineering related problems, or problems with acceptance of the cultural survey report by SHPO or federal agency (if applicable) are encountered in the final product in its use during the bidding or construction process, the OWNER may require further information, clarification, or verification of assumptions from the CONSULTANT. It is expected

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Request for Statements of Interest Reclamation Engineering and Related Services Page 55 of 79 that if such deficiencies are found, CONSULTANT will act to alleviate and resolve any conflicting, missing or unsubstantiated information found within the engineering and design, cultural report, or bat report at no additional cost. It is not the intent of OWNER to bind CONSULTANT to work that is not included as part of the WORK. The OWNER’s intent is to require CONSULTANT to complete the engineering and design accurately and in sufficient detail to perform construction work.

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ATTACHMENT E: COST REIMBURSEMENT E.1

COMPENSATION

This is a Level of Effort or Requirement Contract (i.e., no minimum or maximum contract amount is specified at the time of contract award and execution). Compensation under this CONTRACT shall be through a “Cost-Plus-Award-Fee” type arrangement. For any Work Assignment issued under this CONTRACT, OWNER agrees to pay the CONSULTANT for actual allowable costs plus a base fee and a discretionary award fee determined by OWNER and based on the CONSULTANT’s performance, as set forth below, and only if the WORK is performed pursuant to an approved Work Assignment as described in Attachment C Section C.9. This Attachment consists of the complete, negotiated agreement for compensation of services to be performed during any Work Assignment issued through this CONTRACT. E.2

PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA

The CONSULTANT and, where appropriate, subcontractors to this CONTRACT, assure that the cost and pricing data submitted for evaluation with respect to negotiation of prices for this CONTRACT, Subcontracts related to this CONTRACT, and change orders is based on current, accurate and complete data supported by the CONSULTANT’s or, if applicable, subcontractor’s books and records. If the OWNER determines that any price (including profit) negotiated in connection with this CONTRACT, Subcontracts related to this CONTRACT, or amendments thereunder was increased by any significant sums because the data provided were incomplete, inaccurate, or not current at the time of submission, then such price or cost or profit shall be reduced accordingly and this CONTRACT shall be modified in writing to reflect such action. Failure to agree on a reduction shall be subject to the remedies in Section A.22 of this CONTRACT. E.3

SUBMISSION OF REPORTS AND LIEN WAIVERS FOR PAYMENT

The CONSULTANT shall submit to OWNER a proposed standard format for progress payments or invoices. Upon approval by OWNER, the CONSULTANT shall submit all future invoices on the approved form. A CONSULTANT’s waiver of lien and a waiver of lien of any subcontractors involved in the Work Assignment shall accompany each monthly invoice. A CONSULTANT’s waiver of lien shall cover the amount of the most recent payment made. The CONSULTANT’s affidavit shall state that: • • •

Full payment was received for the last previous payment reflected in the current month’s application for partial payment less retainage; CONSULTANT has paid all its subcontractors for work or services performed up to the last day of the calendar month for which the application for partial payment was filed; and CONSULTANT waives any and all rights to file mechanics’ liens, materialmen’s liens, and liens of any nature whatsoever for work, services and materials provided up to the last day of the calendar month for which the application for partial payment was filed.

A subcontractor’s affidavit shall state that: • •

Full payment was received for the subcontractor’s payment reflected in the previous month’s application for partial payment less retainage; Subcontractor has paid all its materialmen and lower tiered subcontractors for work performed up to the last day of the calendar month for which the application for partial

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•

E.4

payment was filed; and Subcontractor waives any and all rights to file mechanics’ liens, materialmen’s liens, and liens of any nature whatsoever for work and materials provided up to the last day of the calendar month for which the application for partial payment was filed. PAYMENT

Payments made by OWNER to the CONSULTANT are conditioned upon receipt of applicable, accurate, and complete invoices submitted by the CONSULTANT. OWNER shall pay for completed services within sixty (60) days after receipt of the CONSULTANT’s invoice. E.5

RECOUPMENT OF CONTRACT PAYMENTS

Unacceptable Expenditures: Based upon audit findings, the CONSULTANT agrees to reimburse the State for all CONTRACT funds expended which are determined by the State not to have been expended by the CONSULTANT in accordance with the Cost Reimbursement Terms (primarily here in this Attachment E) of this CONTRACT. The State may complete the audit at any time, whether before or after final payment. The State does not waive its right to reimbursement by making any payment, including the final payment. E.6.

ACTUAL ALLOWABLE COST

The actual allowable costs include direct labor cost, including payroll additives, indirect costs and direct non-labor costs as outlined below: E.6.1

DIRECT LABOR COST

The direct labor cost is the actual labor expense excluding payroll additives for professional and technical personnel and principals for the time they are productively engaged in WORK necessary to fulfill the terms of this CONTRACT. E.6.2

LABOR CATEGORIES

Labor categories will be assigned by the following criteria: Professional (P) Level P5 (Principal Professional): Plans, conducts and supervises multiple projects of major significance; supplies technical advice and counsel to other professionals and acts as a principal reviewer for quality assurance and quality control; normally possesses a doctoral degree and/or professional registration, and has 20 years or more of relevant work experience. Level P4 (Senior Professional): Plans, conducts and supervises projects of major significance, necessitating advanced knowledge and the ability to originate and apply new and unique methods and procedures; supplies technical advice and counsel to other professionals; operates with wide latitude for unreviewed action or decisions; normally possesses a doctoral degree, professional registration (if appropriate), and has 10 years or more of relevant work experience. Level P3 (Project Manager): Plans, conducts and supervises smaller or less complex projects than those managed by a P4; estimates and schedules work to meet completion dates; directs assistants; reviews progress and evaluates results; makes changes in methods, design and equipment where necessary; operates with some latitude for

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Request for Statements of Interest Reclamation Engineering and Related Services Page 59 of 79 unreviewed action or decision; normally possesses a Masters degree, professional registration (if appropriate), and has 6-10 years of relevant work experience. [The use of “Project Manager” here to describe a labor category does not imply that the Project Manager designated in Section C.9.1 will necessarily be in this labor category.] Level P2 (Mid-Level Professional): Under supervision, carries out assignments associated with projects; translates technical guidance received from supervisor into usable data applicable to the particular assignment; coordinates the activities of juniors and technicians; work assignments are varied and require originality and ingenuity; normally possesses a Bachelor of Science degree, and has 3-8 years of relevant work experience. Level P1 (Junior Professional): Lowest or entry classification; works under close supervision; gathers and correlates basic data and performs routine analysis; works on less complicated assignments where little evaluation is required; normally possesses a Bachelor of Science degree and has 0-3 years of relevant work experience. Technical (T) Level T4 (Senior Technical): Supervises technical aspects of a project and coordinates the activities of lower level technicians, also has the ability to perform routine design functions; normally has 10 or more years of experience. Level T3 (Mid-Level Technical): Performs non-routine and complex assignments; works under general supervision of an engineer or scientist; performs experiments or tests which may require nonstandard procedures and complex instrumentation; records, computes and analyzes test data; prepares test reports; may supervise lower level technicians; has six or more years of experience. Level T2 (Junior Technical/Clerical): Performs assignments that are normally standardized; operates testing or processing equipment of moderate complexity; may construct components or subassemblies of prototype models; may troubleshoot malfunctioning equipment and make simple repairs; extracts and processes test data; has 2-6 years of relevant work experience. Level T1 (Entry-Level Technical): Performs simple and routine tasks or tests under close supervision; records test data and may prepare simple charts or graphs; performs routine maintenance and may install or set up test equipment; has 0-2 years of relevant work experience. E.6.3

EXPERIENCE/QUALIFICATIONS SUBSTITUTIONS

Any combination of additional years of experience in the proposed field of expertise plus full time college level study in the particular field totaling four (4) years will be an acceptable substitute for a Bachelors degree. A Bachelors degree plus any combination of additional years of experience and graduate level study in the proposed field of expertise totaling two (2) years will be an acceptable substitute for a Masters Degree. A Bachelors degree plus a Masters degree, plus graduate level study in the field of expertise totaling four (4) years; or a Bachelors degree and any combination of additional years of experience and graduate level study in the proposed field of expertise totaling six (6) years will be an acceptable substitute for a Ph.D. degree.

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Additional years of graduate level study in an appropriate field will be considered equal to years of experience on a one-for-one basis. E.6.4

LABOR RATES

The CONSULTANT shall invoice at actual hourly rates and report costs at the labor category level. The following hourly rates shall apply for the first year of this CONTRACT and shall be subject to review and revision by mutual agreement of the Parties on an annual basis thereafter. In no case shall an increase of greater than 10% per year be applied to these hourly rates. The OWNER’s decision to revise the hourly rates is solely within the discretion of the OWNER and shall not give rise to a cause of action. Management at a level higher than project management and accountant/clerical support are indirect costs and are not included in the direct labor calculation. Labor Category P5: P4: P3: P2: P1: T4: T3: T2: T1:

Principal Professional Senior Professional Project Manager Mid-Level Professional Junior Professional Senior Technical Mid-Level Technical Junior Technical/Clerical Entry-Level Technical

Hourly Rate $00.00/hr $00.00/hr $00.00/hr $00.00/hr $00.00/hr $00.00/hr $00.00/hr $00.00/hr $00.00/hr

[Note: These rates will be filled in following contract award and cost negotiation.] E.6.5

INDIRECT COSTS

The indirect costs for the first year of the CONTRACT are estimated as a total of ***** percent (000.0%) of the direct labor cost and shall consist of the combined cost rates of ***** percent (00.0%) as fringe benefit, ***** percent (00.0%) as overhead, and ***** percent (00.0%) as General and Administrative (G&A). G&A as applied to subcontractors will be limited to ***** percent (0.0%). These indirect cost rates shall be based on currently available accounting information, and shall be used for all progress payments. Indirect Cost Category

Estimated Rate

Fringe Benefits Overhead General & Administrative

00.0% 00.0% 00.0%

Total Indirect Costs

000.0%

[Note: These rates will be filled in following contract award and cost negotiation.] The indirect cost rate is subject to annual adjustment based on the CONSULTANT’s annual independent audit or audit performed by the State. In no case shall an increase of greater than 10% per year be applied to the total indirect cost rate.

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Request for Statements of Interest Reclamation Engineering and Related Services Page 61 of 79 E.6.6

OTHER DIRECT COSTS

The other direct costs are those costs directly incurred in fulfilling the terms of this CONTRACT, including but not limited to travel, reproduction, long distance telephone, supplies, and fees of subcontractors. If the CONSULTANT’s normal practice is to include some of these costs as indirect costs then this CONTRACT will be consistent with that practice. E.7.

UNALLOWABLE COSTS

Costs not reimbursable to the CONSULTANT shall include, but not necessarily be limited to, the following: Maintenance costs of any required licenses Rental costs of any buildings not associated with the WORK Operational costs for any local phone calls or local fax machine calls Personal transportation costs Taxes on income or personal property Any employee benefits not attributable to the WORK Any attorney fees of the CONSULTANT’s for processing of any claims Marketing expenses Capital costs E.8.

FEES

E.8.1

BASE FEE

The CONSULTANT shall be entitled to receive a base fee representing ***** percent (0.0%) of the total allowable cost established in the budget of Final Approved Work Plans. A proportion of the base fee shall be paid to the CONSULTANT with each invoice. The proportionate amount paid shall be based on the percentage of completed WORK under a Work Assignment. [Note: Rate will be filled in following contract award and cost negotiation.] E.8.2

AWARD FEE

The Award Fee is an award amount, in addition to the base fee, that may be earned by the CONSULTANT in whole or in part, based upon an evaluation by OWNER of the CONSULTANT’s performance. The Award Fee shall represent a total amount of ***** percent (0.0%) of the final approved Work Plans total budget amount. A proposed maximum Award Fee shall be established prior to the start of WORK and shall be negotiated in the final Work Plan. Determination of the Award Fee will be made in two phases. This fee will be awarded based on a subjective evaluation by OWNER on the CONSULTANT’s performance in accordance with the following criteria: Phase I - The CONSULTANT will receive 00% of the Award Fee if all the schedules and budgets are met and if all requirements of the approved Work Assignment are met. Phase II - All or a portion of the remaining 00% of the Award Fee will be available to the CONSULTANT on the basis of outstanding performance considering the following factors: • •

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Ability to produce complete, accurate and effective reports, documents or other deliverables required by a particular Work Assignment. Ability to act independently from OWNER, yet within the Scope of Work of this

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• •

CONTRACT or Work Assignment. Ability to communicate and respond to OWNER efficiently and effectively, and completeness of performance. Diligence in complying with schedules, and completing projects within budget.

The OWNER’s Performance Review Committee will determine the amount of the Award Fee and will make any changes in the Award Fee plan. The OWNER will determine the amount of the Award Fee every six months or, at the OWNER’s discretion, at the completion of the Work Assignment. The OWNER shall evaluate the CONSULTANT’s performance according to the above criteria and will determine the appropriate portion, if any, of each phase of the Award Fee, from zero to the full amount of the estimated Award Fee in the approved Work Assignments to be paid to the CONSULTANT. This determination shall be at the sole discretion of OWNER and shall not be subject to dispute by the CONSULTANT. [Note: These rates will be filled in following contract award and cost negotiation.] E.9

PAYMENT PROCEDURES

E.9.1

INVOICE SUBMITTAL

Progress payments for a Work Assignment shall be based upon the approved costs incurred and shall be made pursuant to approved, certified invoices and lien waivers as described in Section E.3, received by the OWNER. The CONSULTANT shall submit two copies of each invoice on the pre-approved form not more frequently than monthly. Invoices for payment are to reflect charges as they apply to the appropriate account number assigned to the Work Assignment, be properly certified, executed by an official legally authorized to bind the CONSULTANT, substantiated with all appropriate back-up information and prepared in accordance with the pre-approved format for CONSULTANT invoices. E.9.2

INVOICE REVIEW AND ADDITIONAL DATA

The OWNER shall review each invoice within fifteen (15) working days after receipt. If any portion of the invoice is questioned, the questioned costs will be held over and set aside for resolution. The CONSULTANT shall submit any additional data or information requested to support the questioned costs. The remaining approved costs shall be paid by OWNER approximately sixty (60) calendar days following submission of the invoice to OWNER. Only one payment will be made for any month regardless of the number of invoices submitted by the CONSULTANT. E.10.

BUDGET OVERRUNS

The CONSULTANT shall notify OWNER when the costs for any Work Assignment has exceeded 75% of the Work Assignment budget as specified in the Work Assignment or when the CONSULTANT has reason to believe that the total cost to OWNER for the performance of a Work Assignment will be greater or substantially less than the Work Assignment budget. E.11

RETAINAGE

Up to ten percent (10%) of the amounts invoiced may, in OWNER’s sole discretion, be held as retainage until such time as all of the WORK of a Work Assignment is complete, approved, properly invoiced, and full agreement reached on the completion of the Work Assignment. The ten percent retainage, if any, may be held by OWNER until OWNER receives lien waivers indicating properties involved in a Work Assignment and OWNER are not subject to liens and

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FINAL PAYMENT

Final payment under this CONTRACT consisting of the retention release and any approved fees, will be made only after all material and services identified within a Work Assignment are fully received, approved, and properly invoiced as cited above. Consistent with Attachment B Section B.11, upon completion of this CONTRACT, the CONSULTANT shall, as a condition before final payment or as a termination settlement under this CONTRACT, execute and deliver to OWNER all required and requested lien waivers, and a release of all claims against the State arising under or by virtue of this CONTRACT except for those claims specifically reserved in the request for final payment for which the CONSULTANT has provided a fully supported, documented and complete notice of claim. The CONSULTANT shall not assert any new claims after submitting its request for final payment. Final payment shall not, however, constitute a waiver of any of OWNER ‘s claims against the CONSULTANT or its sureties under this CONTRACT.

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ATTACHMENT F: DEFINITIONS The following terms used throughout this CONTRACT shall have the meanings set forth herein. The definitions set forth in the Utah Procurement Code, UCA § 63-56-5, are also incorporated herein by reference. Some terms that may be used in a future Work Assignment issued under this CONTRACT are also included. Certain Work Assignments for the CONSULTANT may entail tasks related to the management of reclamation construction, so there could thus be two concurrent contracts by the OWNER with two different entities, one relating to engineering and the other relating to construction. To minimize confusion among different contracts with similar language, the following terms are defined for the purposes of this CONTRACT. Administrative Record

The project or site file information available for public review, including all documents such as inventory reports and forms, survey reports, reports of investigations, work plans, data analyses, public comments, transcripts, correspondence, and all other relevant material used as the basis for reclamation project planning and decision-making.

AMLIS

Abandoned Mine Land Information System (OSM database)

AMRP

Utah Abandoned Mine Reclamation Program

APE

Area of Potential Effect (in a NHPA Section 106 context, the area that may be affected by a project that is evaluated by a cultural survey)

Architectural or Engineering (A/E) Consultation, investigations, reports, or services for projects within the scope of the practice of architectural or professional engineering as defined by State Law. AVS

Applicant Violator System (OSM office that checks to make sure that AMRP's contractors do not owe OSM unpaid fines)

Award Fee

That portion of the CONSULTANT's potential profit described in Attachment E Section E.8.1 of this CONTRACT.

Base Fee

That portion of the CONSULTANT's profit described in Attachment E Section E.8.2 of this CONTRACT.

BLM

US Bureau of Land Management

CAD

Computer Aided Drafting or Computer Aided Design

Certified Person

Person employed by the CONSULTANT or the Construction Contractor responsible for overseeing working conditions and ensuring safety when bat surveyors or construction crews are working underground in a mine (see Section 0200, Section 1.04.C of the AMRP construction specs)

CFR

Code of Federal Regulations

Change Order

See Contract Amendment

Construction Contract

Contract between DOGM and the Construction Contractor. The Construction Contract contains drawings and specifications prepared by DOGM, the CONSULTANT, or a third party. Note that DOGM is defined in the Construction Contract as OWNER.

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Construction Contractor

Construction firm hired by DOGM to perform the reclamation action.

Construction Project Inspector

The OWNER's or CONSULTANT's employee who monitors the Construction Contractor to ensure adherence to construction standards and to the project specifications. If an employee of the CONSULTANT, the Construction Project Inspector also has an operational relationship with the OWNER and reports to the OWNER's Construction Project Manager.

Construction Project Manager

The person designated by OWNER to provide oversight of the Construction Contract on behalf of the State. The Construction Project Manager may not necessarily be the same person as the Project Manager for a Work Assignment or the Contract Manager for this CONTRACT. Note that Construction Project Manager is defined in the AMRP Construction Contract as Contract Representative. Also note that Construction Project Manager is a functional title and not a DOGM position title.

CONSULTANT

When set in all caps, means the person, firm, or organization responsible for performance of the services or delivery of the items described in this CONTRACT.

CONTRACT

When set in all caps, means the written agreement between the Parties hereto, covering the performance of all the WORK or services described herein. This CONTRACT shall include the State of Utah Contract signature page, all attachments and documents which are incorporated by reference therein (Attachments A-E), together with any and all supplemental amendments, the Utah State Procurement Code, Procurement Rules, the Request for Statements of Interest, and the CONSULTANT's response to the RSOI.

Contract Amendment

Formal change to the terms of the CONTRACT or WORK. Sometimes called a change order. Contract Amendments use the form in Appendix C. DOGM procedures allow for an expedited form of Contract Amendment called a Field Work Authorization.

Contract Manager

The person designated by OWNER and by the CONSULTANT to manage the CONTRACT on behalf of their respective Parties. The Contract Manager is the primary point of contact for the Parties. All official communications, invoices, and deliverables are directed through them. Note that Contract Manager is a functional title and not a DOGM position title. (cf. Project Manager)

Day

A calendar day unless expressly stated to be a working day.

Deliverable

Tangible product, such as reports, maps, inventory forms, photos, and electronic files created by the CONSULTANT and provided to the OWNER in fulfillment of the requirements of the CONTRACT.

Department

Utah Department of Natural Resources

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Direct Costs

Reimbursable budget category comprised of actual expenses incurred in the execution of the WORK, including actual labor expenses, travel, reproduction, supplies, and subcontractor fees.

Division

Utah Division Oil, Gas and Mining

DOGM

Utah Division Oil, Gas and Mining

EA

Environmental Assessment (the most common NEPA analysis document for AMRP projects)

EE/CA

Engineering Evaluation and Cost Analysis

ESA

Endangered Species Act (PL 93-205; 16 USC 1531 et seq.)

ESRI

Vendor of GIS software (ArcView, ArcMap, ArcGIS, and other products); originally founded as Environmental Systems Research Institute

Feature (or Mine Feature)

An individual component of a mining operation, such as a mine portal, coal refuse dump, structure, or subsidence hole. Mine features are the OWNER’s fundamental mine inventory unit; each feature is assigned an identification number (Tag Number) and constitutes a record in the OWNER’s abandoned mine database. (cf: Site, Project)

Federal Law

Includes, but is not limited to, statutes, rules, and regulations of the federal government.

Fees

Monies representing the CONSULTANT's potential profits earned by meeting the performance criteria as specified in Attachment E Section E.8 of this Contract.

Field Work Authorization

Expedited form of Contract Amendment used by DOGM (one page carbonless form). A Field Work Authorization must be followed up by a standard Contract Amendment.

Fringe Benefits

Budget category comprised of compensation paid to employees in addition to salary, including social security, pensions, workers' compensation, unemployment compensation, life and health insurance, etc.

G&A

General and Administrative (cost category)

GIS

Geographic Information Systems

GPS

Global Positioning System (satellite-based surveying technology)

GRAMA

Utah Government Records Access and Management Act (UCA §§ 63-2-101 to -909)

HABS/HAER

Historic American Buildings Survey/Historic American Engineering Record; sets standards for archival recording of historic sites

HAZWOPER

Hazardous Waste Operations and Emergency Response; standards are outlined in 29 CFR 1910.120.

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IMACS

Intermountain Antiquities Computer System; the IMACS Site Form is a standardized form used to record cultural sites

Indirect Costs

Reimbursable budget category comprised of business expenses not directly incurred in the execution of the WORK, including Overhead, Fringe Benefits, and General and Administrative Costs. Indirect Costs are reimbursed based on a negotiated rate applied to the direct labor costs (see Attachment E Section E.6.5).

NAD

North American Datum; the official reference point used in geodetic land surveying and cartography

NEPA

National Environmental Policy Act (PL 91-190, 42 USC 4321-4347)

NHPA

National Historic Preservation Act (PL 89-665; 16 USC 470 et seq.)

NRHP

National Register of Historic Places

OFFEROR

When set in all caps, means a firm, joint venture, or team responding to the Request for Statements of Interest.

OSHA

Occupational Safety and Health Act (PL 91-596, 29 USC 650 et seq.); Occupational Safety and Health Administration

OSM (or OSMRE)

US Office of Surface Mining, Reclamation and Enforcement

Overhead

Budget category comprised of the general, fixed costs of running a business, such as rent, lighting, and heating expenses, that cannot readily be assigned to a specific product or part of the operation.

OWNER

When set in all caps, means the organization soliciting the goods and services described in this CONTRACT, namely the DOGM/AMRP

Parties

The CONSULTANT and the OWNER (DOGM/AMRP)

PE

Professional Engineer

PL

Public Law

PLPCO

Governor’s Public Land Policy Coordination Office

Project

One or more mine sites grouped together by the OWNER for the purposes of funding and executing reclamation construction. Most of OWNER’s Work Assignments under this CONTRACT are expected to be organized at the project level. (cf: Feature, Site)

Project Manager

The persons designated by OWNER and by the CONSULTANT to manage the Work Assignments for their respective Parties. Project Managers are responsible for the technical execution of the WORK. Note that Project Manager is a functional title and not a DOGM position title. (cf. Contract Manager)

Proposed Work Assignment

The written document proposed by OWNER to the CONSULTANT that details the specific WORK to be performed according to an approved Work Plan.

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Proposed Work Plan

The CONSULTANT's proposed plan or specific course of action to complete the WORK of a Work Assignment

Public Employee

A person who is not a Public Officer who is employed on a full, part-time, or contract basis by the State or any of its political subdivisions, but excluding legislators or legislative employees.

Public Officer

All elected or appointed officers of the State or any of its political subdivisions who occupy policy-making posts, but excluding legislators or legislative employees.

Purchasing

Utah Division of Purchasing

REQUEST

When set in all caps, means the Request for Statements of Interest (procurement solicitation for SOI’s in the A/E selection process).

Related Parties

For the purpose of this CONTRACT, means organizations/persons related to the CONSULTANT by any of the following: marriage; blood; one or more partners in common with the CONSULTANT; one or more directors or officers in common with the CONSULTANT; more than 10% common ownership, direct or indirect, with the CONSULTANT.

Retainage

A portion of a payment on an invoice (often 10%) held by the OWNER to provide an incentive to a contractor to complete the WORK. The retainage is released when the WORK is successfully completed and accepted.

ROE

Right of Entry (landowner consent for reclamation)

ROI

Report of Investigations

RSOI

Request for Statements of Interest (procurement solicitation for SOI’s in the A/E selection process)

SHPO

Utah State Historic Preservation Office

Site (or Mine Site)

A geographic grouping of mine features, normally comprising a single functional mining operation. (cf: Feature, Project)

SMCRA

Surface Mining Control and Reclamation Act of 1977, as amended (PL 95-87; 30 USC 1234-1328).

SOI

Statement of Interest. The document submitted by consultants (OFFERORS) in procurement of professional services stating their ability and qualifications for the job; equivalent to a Statement of Qualifications.

State

The State of Utah, including all agencies, employees and officials of the State of Utah, including the Department and DOGM, but does not include political subdivisions of the State of Utah.

State Law

Includes, but is not limited to statutes, rules, and courtmade law of the State.

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Subcontract

Any agreement between the CONSULTANT and a third party for the provision of items or services under this contract, except purchase orders for standard commercial equipment, products, or services.

Tag Number

The 12-character standardized mine feature identification number (e.g. 3110524HO004) used by the OWNER. The name comes from the metal disks (tags) used to mark mines in the field. See Appendix D for a detailed explanation of the numbering system.

UCA

Utah Code Annotated

USC

United States Code

UTM

Universal Transverse Mercator; coordinate system for mapping

WORK

When set in all caps, means all of the services specified, indicated, shown or contemplated to be performed through this CONTRACT, through a Work Assignment issued through this CONTRACT, or through any amendment to this CONTRACT or Work Assignment.

Work Assignment

The written document issued by OWNER to the CONSULTANT that details the specific WORK to be performed according to an approved Work Plan. All of the terms, conditions and requirements of this CONTRACT shall apply to an individual Work Assignment.

Work Plan

The CONSULTANT's plan or specific course of action to complete the WORK of a Work Assignment. The Work Plan shall be subject to OWNER's approval and shall specify the agreed upon Work Assignment schedule and Work Assignment budget.

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APPENDIX A: CONSULTANT PERFORMANCE RATING FORM

CONSULTANT PERFORMANCE RATING Utah Division of Oil, Gas and Mining Abandoned Mine Reclamation Program Consultant: Project:

AMR/

Contract Number:

Rating:

/

.

.

Satisfactory= 1; Unsatisfactory= 0 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13.

Achieved the specified level of project quality and quantity. Prompt, diligent, and systematic prosecution of work. Adequate personnel (number and skill level). Adequate equipment (number, type, and operating condition). Effective management and supervision of work. Cooperation, responsiveness, and communication with project manager. Cooperation and timely response in negotiation of contract changes. Cooperation in negotiation of claims. Record of prompt payment for labor, materials, equipment, and subcontract work. On-time submission of necessary documents and reports. Compliance with all applicable federal, state, and local laws and regulations. Minimized the adverse effect of activities on the public and the environment. Cooperation with landowners and/or utilities.

= Total = Performance Rating Attach explanations of all "Unsatisfactory" ratings. Rated by: Utah AMR Project Manager

Date

.

Reviewed by: Utah AMR Program Administrator

Date

.

A consultant with a Performance Rating (or average rating if there is more than one rating) of 9 or less fails to pre-qualify. Rev 01/05/99

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APPENDIX B: SAMPLE INSURANCE CERTIFICATION FORM

STATE OF UTAH Division of Oil, Gas & Mining PO Box 145801 Salt Lake City, UT 84114-5801

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APPENDIX C: SAMPLE CONTRACT AMENDMENT FORM

STATE OF UTAH CONTRACT AMENDMENT Amendment # 0

to Contract # 00-0000

TO BE ATTACHED TO AND MADE A PART OF the above numbered contract by and between the State of Utah, Division of Oil, Gas and Mining, referred to as STATE and,__________, referred to as CONTRACTOR. Project Name: [Projectname]

DOGM Project Number: AMR/000/900

FI-NET Accounting Codes: Engineering Contract AMR/000/900/EC Fund

Agency

Unit

Org

Approp. Unit

Object

1000

560

2510

2881

REE

6137

Program

Phase

THE PARTIES AGREE TO AMEND THE CONTRACT AS FOLLOWS: 1. The contract period is amended: - from: 00/00/2*** (mm/dd/yyyy)- to: (original starting date)

00/00/2*** (mm/dd/yyyy) (new ending date)

2. The dollar amount of change to the contract for this amendment is: $ *** 3. The total contract amount is now changed: - from: $ *** - to: $ *** (current contract amount) (current contract amount +/- amendment amount) 4. Other changes to the contract include (expand table as needed) ITEM DESCRIPTION OF CHANGES IN NO. QUANTITIES, UNIT PRICES, SCHEDULE, ETC. 1. Description of changes in quantities, unit prices, schedule. 2. Description of changes in quantities, unit prices, schedule. 3. Description of changes in quantities, unit prices, schedule. 4. TOTAL AMOUNT OF CHANGE ORDER

INCREASE (DECREASE) $ $ $ $

5. Effective Date of Amendment: 00/00/2*** (mm/dd/yyyy) All other conditions and terms in the original contract remain the same.

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Request for Statements of Interest Reclamation Engineering and Related Services Page 76 of 79 IN WITNESS WHEREOF, the parties sign and cause the amendment to be executed. Approved by Contract Mgr: Approved by AMR Admin: Accepted by Contractor: Approved by DOGM Budget Off: Approved by DOGM Director Approved by Div'n Purchasing: Approved by Div'n of Finance:

_____________________________________

Date: ______________

_____________________________________

Date: ______________

_____________________________________

Date: ______________

____________________________________

Date: ______________

_____________________________________

Date: ______________

_____________________________________

Date: ______________

_____________________________________

Date: ______________

Department Contact for questions during the amendment process.

[Projectmanager]

(801) 538-****

(801) 359-3940

Department Contact

Phone Number

Fax Number Attach additional forms if necessary.

DOGM Change Order Form (revised 04/26/07) Reference: Division of Finance Contract Amendment Form FI84A (revised 09/2006)

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APPENDIX D: OWNER’S ORGANIZATIONAL SYSTEMS The OWNER has adopted standard conventions for identifying mine features, mine sites, projects, and photos that are used for managing and organizing data. Work Assignments will use these systems to describe the tasks. The CONSULTANT’s product will need to be formatted to conform to these systems. FEATURE ID (TAG NUMBER) The tag number consists of seven leading digits, two letters, and three following digits. The first digit (1-8) indicates the quadrant around the Salt Lake baseline and meridian or the Uinta special meridian (counterclockwise from the northeast, see Tables 1 and 2). The second and third digits indicate the township, the fourth and fifth digits indicate the range, and the sixth and seventh digits indicate the section. These numbers are followed by two-letter codes indicating the type of mine opening or feature (see Table 3). These letters are followed by numbers that are sequential numbers assigned as the openings were encountered during the field inventory. Thus, site number 4060318HO003 is the third horizontal opening (HO) inventoried in Township 6 South, Range 3 East, Section 18. The leading zeros in the sequential number part of the ID number are frequently omitted (i.e. HO3 instead of HO003) in casual shorthand usage. Table 1. Township/Range quadrant numbers around the Salt Lake Baseline and Meridian: 2 – TN, RW 3 – TS, RW

1 – TN, RE 4 – TS, RE

Table 2. Township/Range quadrant numbers around the Uinta Special Meridian: 6 – TN, RW 7 – TS, RW

5 – TN, RE 8 – TS, RE

Table 3. Alphabetic codes for mine features (abbreviated list): HO IO VO HC IC VC SH TR PR PT PH PV ES WP TA SB UF

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Horizontal Opening (adit or portal) Inclined Opening (adit or portal) Vertical Opening (shaft) Horizontal Closed (caved or intentionally sealed adit) Inclined Closed (caved or intentionally closed inclined adit) Vertical Closed (caved or intentionally sealed shaft) Subsidence Hole (opening created by the collapse of underground mine workings) Trench Prospect (shallow feature) – this designation superseded by PH and PV Pit Horizontal Prospect (shallow horizontal excavation) Vertical Prospect (shallow vertical excavation) Equipment/Structures Waste Pile Tailings Surface Burning (coal fire) Underground Fire (coal seam fire)

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Request for Statements of Interest Reclamation Engineering and Related Services Page 78 of 79 SITE AND PROJECT NUMBERS The OWNER follows the DOGM filing system of a letter code for the program (AMR) followed by a three-digit odd-numbered code for the county in alphabetical order (Beaver= 001, Box Elder= 003, …; see full list below). When the OWNER began inventorying coal mines in the early 1980’s, it assigned a sequential file number to each mine site inventoried. Thus the first site inventoried in Carbon County was given the site number and file number AMR/007/001. The second Carbon County mine site was AMR/007/002, and so on. Noncoal mine sites inventoried in the early years were treated in the same way, although site boundaries were less well defined on the ground and thus tended to be more arbitrary. As areas were selected for reclamation, it became clear that projects or contracts could consist of more than one mine site. To keep records for projects distinct from those for individual sites in the file room, the OWNER started numbering projects at 900 (on the –incorrect, as it turned out– assumption that there would not be a county with more than 899 sites, nor was it likely that there would be more than 99 projects in a county). The Book Cliffs Project (AMR/007/913), the thirteenth AMRP project in Carbon County, consisted of ten different mine sites. Over the years, the AMR/000/000 site number series has become less important and less relevant, especially after the standardized tag number system was adopted. The “900” series reserved for project numbers is the key location of records for maintenance inspections. (In addition, there are a few projects that were performed by federal Office of Surface Mining that were assigned project numbers in an “800” series to keep the federal projects separate from the state ones.) The sequence of the project numbers is based on when the projects were identified and chosen, not when reclamation was performed. Because planning issues vary from project to project, it takes some projects longer than others to get underway. Construction of project AMR/015/902 may have been done after that of project AMR/015/907. Also, a single project number may represent more than one construction contract, and vice versa. The three phases of the Price River Coal Pile Project (AMR/007/907) were bid as three different contracts over several years. The Rilda Project (AMR/015/903) and Meetinghouse Project (AMR/015/904) were bid together as a single contract. Sometimes the same site may show up in different projects. The OWNER’s Contract Representative can assist with clarifying confusing project histories. DOGM County Codes 001 Beaver 003 Box Elder 005 Cache 007 Carbon 009 Daggett 011 Davis 013 Duchesne 015 Emery 017 Garfield 019 Grand 021 Iron 023 Juab 025 Kane 027 Millard 029 Morgan

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031 033 035 037 039 041 043 045 047 049 051 053 055 057

Piute Rich Salt Lake San Juan Sanpete Sevier Summit Tooele Uintah Utah Wasatch Washington Wayne Weber

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Request for Statements of Interest Reclamation Engineering and Related Services Page 79 of 79 DIGITAL PHOTO FILE NAMES OWNER uses following naming convention for digital photo files of individual mine features: Tag Number + lowercase “m/r/i” (for inventory, reclamation, or maintenance as appropriate) + a sequential number. For example, file names for two inventory photos of HO1 in section 7 would be 3270407HO001i1.jpg and 3270407HO001i2.jpg. If a single image contains two tagged features, it should be copied and the duplicate files assigned file names referencing each feature’s tag number .

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Question and Answers for Bid #PM9028 - Abandoned Mine Reclamation Program - Engineering Services

OVERALL BID QUESTIONS There are no questions associated with this bid. If you would like to submit a question, please click on the "Create New Question" button below.

Question Deadline: Mar 18, 2009 10:00:00 AM MDT

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