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
Mar 5, 2009 10:49:51 AM MST p. 1

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
Mar 18, 2009 10:00:00 AM MDT
End Date
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.
Mar 5, 2009 10:49:51 AM MST p. 2

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.
Mar 5, 2009 10:49:51 AM MST p. 3

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 Company Contact Person
c Proprietorship
d
e
f
g c Government
d
e
f
g
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 gc 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
Mar 5, 2009 10:49:51 AM MST p. 4

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 84114-
1061 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 R33-3-
209. (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.
Mar 5, 2009 10:49:51 AM MST p. 5

(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)
Mar 5, 2009 10:49:51 AM MST p. 6

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).
Mar 5, 2009 10:49:51 AM MST p. 7

Request for Statements of Interest

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.
Mar 5, 2009 10:49:51 AM MST p. 8


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.
Mar 5, 2009 10:49:51 AM MST p. 9


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)
Mar 5, 2009 10:49:51 AM MST p. 10


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.
Mar 5, 2009 10:49:51 AM MST p. 11


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.
Mar 5, 2009 10:49:51 AM MST p. 12


Page 7 of 79
Evaluation Criteria:
1. Abandoned Mine Investigation and Field Inventory: (15% — 75 points possible)

2. Abandoned Mine Reclamation Engineering and Design: (15% — 75 points possible)
3. Cultural Surveys and Related Services: (10% — 50 points possible)
4. Biological Surveys and Related Services: (10% — 50 points possible)
5. Land Ownership and Rights of Entry: (5% — 25 points possible)
6. NEPA Analysis and Documentation: (5% — 25 points possible)
7. Construction Project Engineering Support and Inspection: (5% — 25 points possible)
8. 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.
Mar 5, 2009 10:49:51 AM MST p. 13


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: Technical questions:

Paul Mash, Purchasing Agent Bob O’Brien, Sr. Reclamation Specialist
Division of Purchasing Division of Oil, Gas and Mining

3150 State Office Building 1594 West North Temple, Suite 1210
Salt Lake City, Utah 84114 Salt Lake City, Utah 84114
(801) 538-3148 (801) 538-5437
(801) 538-3882 fax (801) 359-3940 fax
pmash@utah.gov bobrien@utah.gov
Deliver SOI to the Division of Purchasing only.
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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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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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Page 11 of 79
SOI EVALUATION SCORESHEET

Consultant:
Evaluator:
Date:
SCORE WT POINTS
(0-5)
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)

3. CULTURAL SURVEYS AND RELATED SERVICES (50 points possible)

a. Understanding of and technical approach to task _____ x1 ______
b. Direct experience and expertise of firm _____ x4 ______
c. Staff qualifications _____ x3 ______
d. Related experience of firm _____ x2 ______
4. BIOLOGICAL SURVEYS AND RELATED SERVICES (50 points possible)

5. LAND OWNERSHIP AND RIGHTS OF ENTRY (25 points possible)

6. NEPA ANALYSIS AND DOCUMENTATION (25 points possible)

7. CONSTRUCTION ENGINEERING SUPPORT/INSPECTION (25 points possible)

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Page 12 of 79
8. MAPPING, SURVEYING, AND GIS SERVICES (25 points possible)

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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Page 13 of 79
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.
Mar 5, 2009 10:49:51 AM MST p. 19

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Page 15 of 79
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

Name □ Sole Proprietor
□ Non-Profit Corporation
Address □ For-Profit Corporation
□ Partnership
City State Zip □ Government Agency
Contact Person
Phone # (000) 000-0000 Email
Federal Tax ID# Vendor # Commodity Code # 0000
FI-NET Accounting Codes:

Approp.
Fund Agency Unit Org Object Program Phase
Unit
1000 560 2510 2881 REE 6137
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: Standard Terms and Conditions

ATTACHMENT B: Special Terms and Conditions
ATTACHMENT C: Scope of Work
ATTACHMENT D: Task Specifications
ATTACHMENT E: Cost Reimbursement
ATTACHMENT F: Definitions
Mar 5, 2009 10:49:51 AM MST p. 21


Page 16 of 79
APPENDIX A: Consultant Performance Rating Form

APPENDIX B: Sample Insurance Certification Form
APPENDIX C: Sample Contract Amendment Form
APPENDIX D: 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. All other governmental laws, regulations, or actions applicable to the goods and/or services
authorized by this contract.
b. 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 Date Signature Date

or Witness
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
Luci Malin Date
AMRP Administrator
John R. Baza Date Paula Dupin-Zahn Date

Director, DOGM DOGM Budget/Accounting
APPROVED FOR EXPENDITURE:

DIVISION OF PURCHASING DIVISION OF FINANCE
Kent D. Beers Date (for) John Reidhead Date

Director of Purchasing Director of Finance
[Projectmanager] (801) 538-5437 (801) 359-3940 [Projectmanager]@utah.gov

Agency Contact Person Telephone Number Fax Number 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)
Mar 5, 2009 10:49:51 AM MST p. 22


Page 17 of 79
CONTRACT ATTACHMENTS
TABLE OF CONTENTS
ATTACHMENT A: STANDARD TERMS AND CONDITIONS......................................................................21

A.1 AUTHORITY ..................................................................................................................................21
A.2 CONTRACT JURISDICTION, CHOICE OF LAW, AND VENUE....................................................21
A.3 LAWS AND REGULATIONS..........................................................................................................21
A.4 RECORDS ADMINISTRATION......................................................................................................21
A.5 CONFLICT OF INTEREST ............................................................................................................21
A.6 CONSULTANT, AN INDEPENDENT CONTRACTOR ...................................................................21
A.7 INDEMNITY CLAUSE ....................................................................................................................21
A.8 EMPLOYMENT PRACTICES CLAUSE .........................................................................................22
A.9 SEPARABILITY CLAUSE ..............................................................................................................22
A.10 RENEGOTIATION OR MODIFICATIONS..................................................................................22
A.11 DEBARMENT.............................................................................................................................22
A.12 TERMINATION ..........................................................................................................................22
A.13 NONAPPROPRIATION OF FUNDS ..........................................................................................22
A.14 SALES TAX EXEMPTION .........................................................................................................23
A.15 WARRANTY...............................................................................................................................23
A.16 PUBLIC INFORMATION ............................................................................................................23
A.17 DELIVERY .................................................................................................................................23
A.18 ORDERING AND INVOICING....................................................................................................24
A.19 PAYMENT..................................................................................................................................24
A.20 PATENTS, COPYRIGHTS, ETC................................................................................................24
A.21 ASSIGNMENT/SUBCONTRACT ...............................................................................................24
A.22 DEFAULT AND REMEDIES.......................................................................................................24
A.23 FORCE MAJEURE ....................................................................................................................24
A.24 PROCUREMENT ETHICS .........................................................................................................24
A.25 CONFLICT OF TERMS..............................................................................................................25
A.26 ENTIRE AGREEMENT ..............................................................................................................25
ATTACHMENT B: SPECIAL TERMS AND CONDITIONS ..........................................................................27
B.1 LIQUIDATED DAMAGES...............................................................................................................27
B.2 TERMINATION ..............................................................................................................................27
B.3 NONAPPROPRIATION OF FUNDS ..............................................................................................27
B.4 LIABILITY AND INDEMNIFICATION .............................................................................................27
B.5 CONSULTANT QUALIFICATIONS ................................................................................................27
B.6 CERTIFICATIONS .........................................................................................................................28
B.7 WARRANTY AND RESPONSIBILITY............................................................................................28
B.8 SUBCONTRACTS .........................................................................................................................29
B.9 INSURANCE ..................................................................................................................................29
B.10 CONFIDENTIALITY OF RECORDS ..........................................................................................30
B.11 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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Page 18 of 79
C.9.1 REPRESENTATIVES ............................................................................................................36

C.9.2 PROPOSED WORK ASSIGNMENTS....................................................................................36
C.9.3 PROPOSED WORK PLAN ....................................................................................................36
C.9.4 WORK ASSIGNMENT ...........................................................................................................37
C.9.5 EXECUTION OF WORK ASSIGNMENT ...............................................................................37
C.9.5 COMPLETION OF WORK ASSIGNMENT.............................................................................37
C.9.6 MODIFICATIONS TO WORK ASSIGNMENTS AND WORK PLANS ....................................37
C.9.7 PROCEEDING WITHOUT A WORK PLAN............................................................................38
C.9.8 EXPEDITED RESPONSES....................................................................................................38
C.10 OTHER CONTRACTS ...............................................................................................................38
C.10.1 COORDINATION ...................................................................................................................38
C.10.2 DISTRIBUTION OF WORK....................................................................................................38
C.11 DUTY TO DILIGENTLY PROCEED...........................................................................................38
C.12 DEFICIENCIES ..........................................................................................................................39
C.13 COMPENSATION ......................................................................................................................39
C.14 TASKS .......................................................................................................................................39
C.15 AMENDMENTS TO THE CONTRACT.......................................................................................39
C.16 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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Page 19 of 79
D.11.3 DELIVERABLES ....................................................................................................................50

D.12 NEPA ANALYSIS AND DOCUMENTATION..............................................................................50
D.12.1 BACKGROUND .....................................................................................................................50
D.12.2 EXECUTION ..........................................................................................................................50
D.12.3 DELIVERABLES ....................................................................................................................51
D.13 CONSTRUCTION PROJECT ENGINEERING SUPPORT AND INSPECTION .........................51
D.13.1 BACKGROUND .....................................................................................................................51
D.13.2 EXECUTION ..........................................................................................................................51
D.13.3 DELIVERABLES ....................................................................................................................51
D.14 MAPPING, SURVEYING, AND GIS SERVICES........................................................................52
D.14.1 BACKGROUND .....................................................................................................................52
D.14.2 EXECUTION ..........................................................................................................................52
D.14.3 DELIVERABLES ....................................................................................................................52
D.15 OTHER PROFESSIONAL SERVICES.......................................................................................53
D.15.1 BACKGROUND .....................................................................................................................53
D.15.2 EXECUTION ..........................................................................................................................53
D.15.3 DELIVERABLES ....................................................................................................................53
D.16 SPECIFICATIONS APPLICABLE TO ALL TASKS ....................................................................53
D.16.1 GPS DATA .............................................................................................................................53
D.16.2 PROJECT SUMMARY SPREADSHEET................................................................................53
D.16.3 DIGITAL PHOTOS .................................................................................................................54
D.16.4 DELIVERABLES ....................................................................................................................54
D.16.5 SOFTWARE COMPATIBLILITY AND FILE FORMATS .........................................................54
D.16.6 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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Page 21 of 79
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
Mar 5, 2009 10:49:51 AM MST p. 27


Page 22 of 79
employees, but not for claims arising from the State's sole negligence.
A.8 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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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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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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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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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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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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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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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, non-
renewal, 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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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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by the CONSULTANT.
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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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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 8151-
3), 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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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
bobrien@utah.gov
The CONSULTANT’s designated Contract Manager is the person designated in Item 5 of the
CONTRACT signature page.
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C.9 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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C.9.4 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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C.9.7 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:
• 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.
C.11 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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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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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 ABANDONED NONCOAL MINE INVENTORY

D.3 ABANDONED NONCOAL MINE MAINTENANCE INVENTORY
D.4 ABANDONED COAL MINE MAINTENANCE INVENTORY
D.5 ABANDONED COAL MINE INVENTORY
D.6 COAL FIRE INVESTIGATION
D.7 RECLAMATION ENGINEERING AND DESIGN
D.8 CULTURAL SURVEYS AND RELATED SERVICES
D.9 BIOLOGICAL SURVEYS AND RELATED SERVICES
D.10 LAND OWNERSHIP RESEARCH
D.11 LANDOWNER CONSENT NEGOTIATION
D.12 NEPA ANALYSIS AND DOCUMENTATION
D.13 CONSTRUCTION PROJECT ENGINEERING SUPPORT AND INSPECTION
D.14 MAPPING, SURVEYING, AND GIS SERVICES
D.15 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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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 cross-
section 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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D.3.3 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 pre-
mining 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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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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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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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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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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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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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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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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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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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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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 in-
house 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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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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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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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.
E.4 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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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 Hourly Rate

P5: Principal Professional $00.00/hr
P4: Senior Professional $00.00/hr
P3: Project Manager $00.00/hr
P2: Mid-Level Professional $00.00/hr
P1: Junior Professional $00.00/hr
T4: Senior Technical $00.00/hr
T3: Mid-Level Technical $00.00/hr
T2: Junior Technical/Clerical $00.00/hr
T1: Entry-Level Technical $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 00.0%
Overhead 00.0%
General & Administrative 00.0%
Total Indirect Costs 000.0%
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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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:
• 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.
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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claims of non-payment, and that full payment has been made to the CONSULTANT,
subcontractors, materialmen, and any other party providing work, material, labor or services
pursuant to this CONTRACT upon which compensation is required.
E.12 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 court-
made 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. Achieved the specified level of project quality and quantity.

2. Prompt, diligent, and systematic prosecution of work.
3. Adequate personnel (number and skill level).
4. Adequate equipment (number, type, and operating condition).
5. Effective management and supervision of work.
6. Cooperation, responsiveness, and communication with project manager.
7. Cooperation and timely response in negotiation of contract changes.
8. Cooperation in negotiation of claims.
9. Record of prompt payment for labor, materials, equipment, and subcontract work.
10. On-time submission of necessary documents and reports.
11. Compliance with all applicable federal, state, and local laws and regulations.
12. Minimized the adverse effect of activities on the public and the environment.
13. Cooperation with landowners and/or utilities.
= Total = Performance Rating
Attach explanations of all "Unsatisfactory" ratings.
Rated by: Date .

Utah AMR Project Manager
Reviewed by: Date .

Utah AMR Program Administrator
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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Page 75 of 79
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

Approp.
Fund Agency Unit Org Object Program Phase
Unit
1000 560 2510 2881 REE 6137
THE PARTIES AGREE TO AMEND THE CONTRACT AS FOLLOWS:
1. The contract period is amended:

- from: 00/00/2*** (mm/dd/yyyy)- to: 00/00/2*** (mm/dd/yyyy)
(original starting date) (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 INCREASE
NO. QUANTITIES, UNIT PRICES, SCHEDULE, ETC. (DECREASE)
1. Description of changes in quantities, unit prices, schedule. $
4. TOTAL AMOUNT OF CHANGE ORDER $
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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IN WITNESS WHEREOF, the parties sign and cause the amendment to be executed.
Approved by
Contract Mgr: _____________________________________ Date: ______________
Approved by
AMR Admin: _____________________________________ Date: ______________
Accepted by
Contractor: _____________________________________ Date: ______________
Approved by
DOGM Budget Off: ____________________________________ Date: ______________
Approved by
DOGM Director _____________________________________ Date: ______________
Approved by
Div'n Purchasing: _____________________________________ Date: ______________
Approved by
Div'n of Finance: _____________________________________ 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 1 – TN, RE
3 – TS, RW 4 – TS, RE
Table 2. Township/Range quadrant numbers around the Uinta Special Meridian:
6 – TN, RW 5 – TN, RE
7 – TS, RW 8 – TS, RE
Table 3. Alphabetic codes for mine features (abbreviated list):
HO Horizontal Opening (adit or portal)

IO Inclined Opening (adit or portal)
VO Vertical Opening (shaft)
HC Horizontal Closed (caved or intentionally sealed adit)
IC Inclined Closed (caved or intentionally closed inclined adit)
VC Vertical Closed (caved or intentionally sealed shaft)
SH Subsidence Hole (opening created by the collapse of underground mine workings)
TR Trench
PR Prospect (shallow feature) – this designation superseded by PH and PV
PT Pit
PH Horizontal Prospect (shallow horizontal excavation)
PV Vertical Prospect (shallow vertical excavation)
ES Equipment/Structures
WP Waste Pile
TA Tailings
SB Surface Burning (coal fire)
UF Underground Fire (coal seam fire)
Mar 5, 2009 10:49:51 AM MST p. 83


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 031 Piute
003 Box Elder 033 Rich
005 Cache 035 Salt Lake
007 Carbon 037 San Juan
009 Daggett 039 Sanpete
011 Davis 041 Sevier
013 Duchesne 043 Summit
015 Emery 045 Tooele
017 Garfield 047 Uintah
019 Grand 049 Utah
021 Iron 051 Wasatch
023 Juab 053 Washington
025 Kane 055 Wayne
027 Millard 057 Weber
029 Morgan
Mar 5, 2009 10:49:51 AM MST p. 84


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
Mar 5, 2009 10:49:51 AM MST p. 85

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
Mar 5, 2009 10:49:51 AM MST p. 86

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State of Utah Bid PM9028

SOLICITATION NO. PM9028

RESPONSES ARE DUE PRIOR TO:

Apr 1, 2009 5:00:00 PM MDT

RESPONSES MAY BE SUBMITTED ELECTRONICALLY TO:

RESPONSES MAY BE MAILED OR DELIVERED TO:

Mar 5, 2009 10:49:51 AM MST p. 1

Bid Number PM9028

Bid Start Date Mar 5, 2009 10:42:18 AM MST

Bid Contact Paul F Mash

Contract Duration See Specifications

Any additional information as may be required by the specifications may be scanned or

NOTE: The Division of Purchasing prefers SOIQs to be submitted electronically. Upload

Mar 5, 2009 10:49:51 AM MST p. 2

Item Response Form

Item PM9028-1-01 - Abandoned Mine Reclamation Program Engineering

License Expiration Date

Mar 5, 2009 10:49:51 AM MST p. 3

Ordering Address City State Zip Code

Company’s Internet Web Address Email Address

Offeror=s Authorized Representative=s Signature Date

Type or Print Name Position or Title

Mar 5, 2009 10:49:51 AM MST p. 4

REQUEST FOR STATEMENT OF INTEREST AND QUALIFICATION (SOIQ)

Mar 5, 2009 10:49:51 AM MST p. 5

(Revision 22 October 2008 - SOIQ Instructions)

Mar 5, 2009 10:49:51 AM MST p. 6

REQUEST FOR STATEMENTS OF INTEREST

Mar 5, 2009 10:49:51 AM MST p. 7

Request for Statements of Interest

WORK ASSIGNMENTS AND WORK PLANS

Mar 5, 2009 10:49:51 AM MST p. 8

Request for Statements of Interest

ISSUING OFFICE AND REFERENCE NUMBER

SOI PREPARATION INSTRUCTIONS

Mar 5, 2009 10:49:51 AM MST p. 9

Request for Statements of Interest

Mar 5, 2009 10:49:51 AM MST p. 10

Request for Statements of Interest

a. Understanding of and technical approach to the task

b. Direct experience and expertise of firm

d. Related experience of firm

WORK PLAN DEVELOPMENT:

EXAMPLES OF PREVIOUS WORK:

Mar 5, 2009 10:49:51 AM MST p. 11

Request for Statements of Interest

SOI EVALUATION PROCEDURE

SOI EVALUATION CRITERIA

Rating points will be assigned on the following scale:

Mar 5, 2009 10:49:51 AM MST p. 12

Request for Statements of Interest

1. Abandoned Mine Investigation and Field Inventory: (15% — 75 points possible)

9. Work Plan Development: Scenario #1: (10% — 50 points possible)

11. Examples of Previous Work: (7% — 35 points possible)

12. Overall Quality and Suitability of SOI: (3% — 15 points possible)

Mar 5, 2009 10:49:51 AM MST p. 13

Request for Statements of Interest

COST PROPOSAL NOT REQUESTED

CONSIDERATION OF STATEMENTS OF INTEREST

Procurement questions: Technical questions:

Division of Purchasing Division of Oil, Gas and Mining

Deliver SOI to the Division of Purchasing only.

Mar 5, 2009 10:49:51 AM MST p. 14

Request for Statements of Interest

11. EXAMPLES OF PREVIOUS WORK (35 points possible) _ x 7 __