3914422 Farnsworth Silver City

REQUEST FOR STATEMENTS OF INTEREST
For Abandoned Mine Reclamation Program Reclamation Engineering and Design Farnsworth Project, Tooele County and/or Silver City Project, Juab County

PURPOSE
The purpose of this Request for Statements of Interest (REQUEST) is to procure qualified professional engineering services for the Utah Division of Oil, Gas and Mining, Abandoned Mine Reclamation Program (AMRP), hereafter referred to as OWNER. The services include inventory of abandoned mine evaluation areas, a cultural/historical survey and report, bat survey and report, an analysis/evaluation of the associated public safety hazards, and reclamation designs, including maps and drawings, to reclaim those hazards. A firm submitting an SOI will hereafter be referred to as OFFEROR. This REQUEST solicits engineering services for two separate PROJECTS: Farnsworth Project and Silver City Project. OFFEROR may choose to be considered for either or both of the PROJECTS. OFFEROR must specify which PROJECT(S) they wish to be evaluated for. OFFEROR should request consideration for only the PROJECT(S) they have the capacity to complete before the deadline. Deadline for all products (deliverables) produced as a result of this REQUEST is May 30, 2008. 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 archaeologist on the team must possess valid survey permits from both the Utah Division of State History and the Utah Bureau of Land Management (see section C.12). OWNER will evaluate and rank each Statement of Interest (SOI) based on the evaluation criteria outlined in this REQUEST. 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 OWNER’s previous solicitations for abandoned mine inventory and engineering in the addition of the cultural survey and bat survey component. OWNER has customarily performed cultural and bat surveys separately after the completion of the inventory. The OWNER hopes that combining these three tasks into a single operation will result in more efficient use of field time, fewer last minute revisions to closure recommendations to protect cultural and bat resources, and a streamlined National Historic Preservation Act (NHPA) Section 106 compliance process. The OWNER encourages the OFFEROR to consult with the OWNER regarding how to accomplish the cultural and bat portion of the WORK 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 Attachment B.5 and APPENDIX A). This work is funded through the U.S. Office of Surface Mining and the State of Utah. Award of contract and authorization to perform the work are subject to the availability of funds.

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. It is not intended to limit the content or exclude any relevant or essential data from OFFEROR’s SOI. OFFERORs are encouraged to improve and/or update OWNER’s suggested methods for inventory and reclamation design.

RESPONSE DATE
SOIs must be received by the posted due date and time. SOIs received after the deadline will be late and ineligible for consideration. The preferred method of submitting your SOI is electronically through RFP Depot. Please upload your SOI as an attachment on the line item for this solicitation. If you have questions or are in need of assistance to upload your SOI, please contact RFP Depot at (801) 765-9245. However, if you choose to submit hard copies, one original and two identical copies of your proposal must be received at the State of Utah Division of Purchasing, 3150 State Office Building, Capitol Hill, P.O. Box 141061, Salt Lake City, Utah 84114-1061. 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. Hard copy SOIs must be delivered in envelopes with the Bid 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 Bid Number: PM7025 Requisition No. 560 82000000001 SOIs will be received until 3:00 p.m. on Wednesday, June 13, 2007 at the Division of Purchasing only. Do not deliver SOIs to 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 82000000001.

SOI PREPARATION INSTRUCTIONS
SOIs should contain all required information and be organized as described below. SOIs in nonstandard formats will not be evaluated. Pertinent supplemental information should be referenced and included as attachments. The SOI should be formatted using these headings: COVER SHEET INVESTIGATION AND FIELD INVENTORY LAND OWNERSHIP RESEARCH ENGINEERING AND DESIGN CULTURAL/HISTORIC SURVEY AND REPORTS BAT SURVEY AND REPORTS SCHEDULE AND STAFF ASSIGNMENTS ALTERNATIVES EXAMPLES OF PREVIOUS WORK

COVER SHEET: Include the project name(s), requisition number, the name of OFFEROR, including address, telephone number, FAX number (if available), email address (if available), and the name of the person to be contacted in connection with this SOI. INVESTIGATION AND FIELD INVENTORY LAND OWNERSHIP RESEARCH ENGINEERING AND DESIGN CULTURAL/HISTORIC SURVEY AND REPORTS BAT SURVEY AND REPORTS: For each of these five sections, include 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 OWNER’s scope of work will not be considered responsive to the Request for SOIs. The SOI should describe or list previous work that demonstrates the firm’s ability to perform the work discussed under each of the six headings. 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. Resumes or synopses of qualifications and experience of the firm and key personnel may be included in this section. Limit resumes to those people to be assigned to the project. It is not necessary to reproduce lengthy curricula vitae or project lists if they will not aid in evaluation of the SOI. TIME SCHEDULE AND STAFF ASSIGNMENTS: The SOI should contain the proposed project schedule. Show, in bar chart form, the major activities required to do the work. Also summarize the firm’s expertise by listing the personnel to be assigned, their functions in the project, their labor categories, and their time allocations. ALTERNATIVES: This section contains suggestions the firm has to improve OWNER’s system of inventory and data collection. OFFERORs are encouraged to improve and update the methods and recommend improvements. EXAMPLES OF PREVIOUS WORK: This section contains examples of previous work that are relevant and will aid in the evaluation of the ability of OFFEROR to perform the work outlined in this REQUEST. It is not necessary to reproduce lengthy project lists if those projects are not pertinent to the work outlined in this REQUEST. PROTECTED INFORMATION The Government Records Access and Management Act (GRAMA), Utah Code Ann., Subsection 63-2-304, provides in part that: the following records are protected if properly classified by a government entity: (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret has provided the governmental entity with the information specified in Section 63-2-308 (Business Confidentiality Claims); (2) commercial information or non-individual financial information obtained from a person if: (a) disclosure of the information could reasonably be expected to result in unfair competitive injury to the person submitting the information or would impair the ability of the governmental entity to obtain necessary information in the future;

(b) the person submitting the information has a greater interest in prohibiting access than the public in obtaining access; and (c) the person submitting the information has provided the governmental entity with the information specified in Section 63-2-308; ***** (6) records the disclosure of which would impair governmental procurement proceedings or give an unfair advantage to any person proposing to enter into a contract or agreement with a governmental entity, except that this Subsection (6) does not restrict the right of a person to see bids submitted to or by a governmental entity after bidding has closed; .... GRAMA provides that trade secrets, commercial information or non-individual financial information may be protected by submitting a Claim of Business Confidentiality. To protect information under a Claim of Business Confidentiality, the offeror must: 1. provide a written Claim of Business Confidentiality at the time the information (proposal) is provided to the state, and 2. include a concise statement of reasons supporting the claim of business confidentiality (Subsection 63-2-308(1)). 3. submit an electronic “redacted” (excluding protected information) copy of your proposal response. Copy must clearly be marked “Redacted Version.” A Claim of Business Confidentiality may be appropriate for information such as client lists and non-public financial statements. Pricing and service elements may not be protected. An entire proposal may not be protected under a Claim of Business Confidentiality. The claim of business confidentiality must be submitted with your proposal on the form which may be accessed at: http://www.purchasing.utah.gov/main/Contractinfo/ConfidentialityClaimForm.doc To ensure the information is protected, the Division of Purchasing asks the offeror to clearly identify in the Executive Summary and in the body of the proposal any specific information for which an offeror claims business confidentiality protection as "PROTECTED". All materials submitted become the property of the state of Utah. Materials may be evaluated by anyone designated by the state as part of the proposal evaluation committee. Materials submitted may be returned only at the State's option.

SOI EVALUATION
OWNERs Ranking Committee will review, evaluate, and rank all SOIs using the criteria below with assigned weights as indicated (see the SOI evaluation score sheet on page 6). Each of the evaluation criteria must be addressed in the SOI. Each 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 as follows: 0 = No response, no experience; not qualified 1 = Minimal experience; qualified 3 = Moderate experience; well qualified 5 = Extensive experience; highly qualified The middle column of the evaluation score sheet lists weight 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. Evaluation Criteria: Contract Terms: (qualifying/disqualifying)

Firm is able to meet the terms and requirements of the contract.

1. Quality and Suitability of SOI: (4%) (25 points possible) Package is clear, concise, and responsive. (weight = 5) 2. Investigation and Field Inventory: (27%) (160 points possible) a. Package shows an understanding of the goals of OWNER. (weight = 8) b. Package shows a sound overall understanding of the scope of work. Shows a working familiarity with a variety of abandoned mine closure technologies with knowledge of the limitations and advantages of each. Shows the ability to recognize wildlife use, including bats, of a mine opening. Exhibits an understanding of cultural resource, legal concerns/needs and their technical ramifications. (weight = 8) c. Technical approach to investigation and field inventory as defined in the scope of work shows a sound understanding of the needs of OWNER and the nature of the project area. (weight = 8) d. Direct experience and expertise with non-coal abandoned mine inventory and site investigation is similar to that described in the scope of work. Skill is evident in the use of GPS (global positioning system) equipment and software to locate and map abandoned mine openings. (weight = 8) 3. Land Ownership Research: (10%) (60 points possible) a. Ability to research and accurately determine surface and mineral ownership of each site, both patented and unpatented claims, is demonstrated. (weight = 3) b. Technical approach to landowner research as defined in the scope of work evidences a sound understanding of the needs of the OWNER and the nature of the project area. (weight = 4) c. Direct experience and expertise in land ownership and records research, particularly with mineral claim records, is demonstrated. (weight = 5) 4. Engineering and Design: (17%) (100 points possible) a. Technical approach to engineering and design work as defined in the scope of work evidences a sound understanding of the needs of OWNER and the nature of the project area. (weight = 10) b. Direct experience and expertise in design and engineering of abandoned mine reclamation projects, particularly shaft and adit closures, is shown. (weight = 10) 5. Cultural/Historic Survey and Report: (17%) (100 points possible) a. Package shows an understanding of the National Historic Preservation Act (NHPA) Section 106 process as it applies to abandoned mine reclamation in Utah. (weight = 9) b. Technical approach to cultural inventory and survey work demonstrates an efficient, seamless and accurate use of data collected in Item 2 above. (weight = 4) c. Archaeologist has past experience or demonstrated ability to work satisfactorily with the Utah State Historic Preservation officer (SHPO) and federal land management agency archaeologists. (weight =7) 6. Bat Survey and Report: (13%) (80 points possible) a. Demonstrated experience with cavernicolous bats, including an understanding of their biology and habitat needs and ability to collect and process biological data. (weight = 6) b. Direct experience with underground survey techniques for bats. (weight = 4) c. Demonstrated ability to identify cavernicolous bats to the species level using visual observation only. (weight = 4) d. Ability to obtain or currently hold a Certificate of Registration (COR) with the Utah Division of Wildlife Resources. (weight = 2) 7. Time Schedule and Staff Assignments: (4%) (25 points possible) The allocation of time, personnel, and resources is appropriate to achieve the goals of the work in the time available. (weight = 5) 8. Alternatives: (4%) (25 points possible) Proposal suggests alternative approaches that save time or money and exhibits a capacity

for innovative or creative problem solving. (weight = 5) 9. Examples of Previous Work: (4%) (25 points possible) Samples are provided of products from previous mine inventory/closure design work, such as inventory forms, specifications, design drawings, maps, etc. and including cultural evaluation. Samples show 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. (weight = 5)

COST PROPOSAL NOT REQUESTED
Please note that 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. Formal negotiations with the successful OFFEROR will include resolution of a negotiated contract price 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 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 8. 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 will be issued immediately upon the award and execution of the contract. The contract will be for a period of thee years with an option to renew for an additional one year at OWNER’s discretion and by mutual agreement.

ADDITIONAL INFORMATION
Technical questions about the project must be asked electronically through the RFP Depot system by the cut-off date for questions. Deliver SOI to the Division of Purchasing only.

SOI EVALUATION SCORESHEET
Consultant: Evaluator: Date:

SCORE 1. QUALITY AND SUITABILITY OF SOI (25 points possible) 2. INVESTIGATION AND FIELD INVENTORY (160 points possible) a. b. c. d. Understanding OWNER’s goals Understanding scope of work Technical approach to investigation and field inventory Direct experience and expertise _____ _____ _____ _____ _____

WEIGHT (0-5) x5

POINTS _____

x8 x8 x8 x8

_____ _____ _____ _____

3. LAND OWNERSHIP RESEARCH (60 points possible) a. Ability to research land ownership b. Technical approach to landowner research c. Direct experience and expertise 4. ENGINEERING AND DESIGN (100 points possible) a. Technical approach to engineering and design b. Direct experience and expertise 5. CULTURAL/HISTORIC INVENTORY, SURVEY (100 points possible) a. Understanding of the NHPA Section 106 process and OWNER's intent. b. Technical approach to cultural inventory and survey. c. Demonstrated ability to work satisfactorily with SHPO and Federal archaeologists. 6. BAT SURVEY (80 points possible) a. b. c. d. Direct knowledge of cavernicolous bat biology. _____ Direct experience conducting underground surveys for bats. _____ Demonstrated ability to identify bats to species level. _____ Ability to obtain or possession of a Utah Certificate or Registration. _____ x6 x4 x4 x2 _____ _____ _____ _____ _____ _____ _____ x9 x4 x7 _____ _____ _____ _____ _____ x 10 x 10 _____ _____ _____ _____ _____ x3 x4 x5 _____ _____ _____

7. TIME SCHEDULE AND STAFF ASSIGNMENTS (25 points possible) _____ 8. ALTERNATIVES (25 points possible) 9. PRODUCT CAPABILITY AND QUALITY (25 points possible) TOTAL EVALUATION POINTS (575 points possible) _____ _____

x5 x5 x5

_____ _____ _____ _____

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. All of the above information for any subcontractor with 10% or more of the contract amount.

SAMPLE CONTRACT FORM
Contract #

STATE OF UTAH CONTRACT
1. CONTRACTING PARTIES: This contract is between the following agency of the State of Utah: Department: Natural Resources Agency Code: 560 Division: Oil, Gas and Mining, referred to as OWNER, and the following CONSULTANT: LEGAL STATUS OF CONSULTANT □ Sole Proprietor □ Non-Profit Corporation □ For-Profit Corporation □ Partnership □ Government Agency Email Vendor # Commodity Code # 0000

Name Address City State Zip

Contact Person Phone # (000) 000-0000 Federal Tax ID#

FI-NET Accounting Codes: Farnsworth Project Engineering Contract AMR/045/917/EC Silver City Project Engineering Contract AMR/023/905/EC
Fund Agency Unit Org Approp. Unit Program Phase

1000 1000

560 560

2510 2510

2881 2881

REE REE

GA GA

FFYP FFYP

2. GENERAL PURPOSE OF CONTRACT: The general purpose of this contract is to provide professional engineering expertise in evaluating for reclamation an abandoned mine project area known as the Farnsworth and/or Silver City Project. The work includes conducting an inventory and investigation of mining features, designing reclamation, preparing a cultural report and preparing a bat report. 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 82000000001 , FY **** , Bid # PM7025 , or a pre-approved sole source authorization (from the Division of Purchasing) #: SS N/A . 4. CONTRACT PERIOD: Effective date ***MONTH DAY, YEAR . Termination date ***MONTH DAY, YEAR unless terminated early or extended in accordance with the terms and conditions of this contract. Renewal options (if any): 1 additional 1-year term . 5. CONTRACT COSTS: CONSULTANT will be paid a maximum of $ *** for costs authorized by this contract. Additional information regarding costs: see Attachment E . 6. ATTACHMENT A: Standard Terms and Conditions ATTACHMENT B: Special Terms and Conditions ATTACHMENT C: Scope of Work ATTACHMENT D: Deliverables Schedule ATTACHMENT E: Cost Schedule ATTACHMENT F: Time Schedule ATTACHMENT G: Services and Facilities Provided by Owner ATTACHMENT H: Amendments to the Agreement ATTACHMENT I: Farnsworth Project Specific Information and Location Map ATTACHMENT J: Silver City Project Specific Information and Location Map APPENDIX A: Consultant Performance Rating Form APPENDIX B: Sample Inventory Forms and IMACS forms APPENDIX C: Project Summary and Code Definitions APPENDIX D: Shapefile Definitions

APPENDIX E: Directory Structure Any conflicts between Attachment A and other Attachments will be resolved in favor of Attachment A. 7. DOCUMENTS INCORPORATED INTO THIS CONTRACT BY REFERENCE BUT NOT ATTACHED: a. b. All other governmental laws, regulations, or actions applicable to the goods and/or services authorized by this contract. Utah State Procurement Code, Procurement Rules, and CONSULTANT'S response to Bid # NO**** , dated ***MONTH DAY, YEAR .

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

Secretary of Corporation or Witness

Date

Signature Type or Print Name Title Taxpayer ID #

Date

FOR THE STATE OF UTAH: APPROVED FOR AVAILABILITY OF FUNDS: DEPARTMENT OF NATURAL RESOURCES DIVISION OF OIL, GAS & MINING Luci Malin Acting, AMRP Administrator John R. Baza Director, DOGM Date Paula Dupin-Zahn DOGM Budget/Accounting DIVISION OF FINANCE Date

Date

APPROVED FOR EXPENDITURE: DIVISION OF PURCHASING

Douglas G. Richins Director of Purchasing Amber Fortner Louis Amodt
Agency Contact Person

Date (801) 538-5437 (801) 538-5360
Telephone Number

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

Date

[email protected] [email protected]
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)

ATTACHMENT A: STANDARD TERMS AND CONDITIONS
A.1 AUTHORITY: Provisions of this contract are pursuant to the authority set forth in 63-56, 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 CONTRACTOR 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 negligence of the CONSULTANT's officers, agents, volunteers, or employees, but not for claims arising from the State's sole negligence. A.8 EMPOYMENT 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 the same persons or by persons holding the same position as persons who signed the original agreement on behalf 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 90 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 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 E33399. 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: Except as identified in writing and expressly approved by the

State Division of Purchasing, CONSULTANT agrees that the contract and 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, the response to the solicitation, and related Sales Orders and Invoices in accordance with the State of Utah Government Records Access and Management Act. 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. 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, whether it is given for their own use or for the use or benefit of any other person or organization (63-56-1002, 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 08/03/06) Reference: Division of Purchasing Standard Terms and Conditions (revised 02/02/06)

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 part 4, 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 $200.00 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 30 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 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.

ATTACHMENT C: SCOPE OF WORK
C.1 THE WORK

The WORK to be performed is described in the following tasks: (1) literature review, (2) field inventory, (3) cultural/historic inventory and survey, (4) bat survey (5) reclamation design, (6) land ownership research, (7) preparation of inventory report and deliverables. Inventory data will be incorporated into a customized Microsoft Access database. Developed in-house specifically for the OWNER, the database requires that data conform to standard and exact formats. Detailed requirements for each task are presented in sections C.2, C.3, C.4, C.5, C.6 and C.7. C.2 LITERATURE REVIEW

CONSULTANT shall review and assimilate all forms, examples, and templates supplied by OWNER prior to beginning field inventory and utilize them for the WORK. CONSULTANT shall conduct a thorough literature search for information pertaining to abandoned mines within the project area. The literature search will include but not be limited to UGS, USGS, and USBM Bulletins and Circulars, UMOS/CRIB database, BLM files, and 7.5-minute USGS topographic maps. CONSULTANT shall be aware that available literature lists many of the abandoned mine sites in the project areas but that other unrecorded mines do exist. CONSULTANT shall research and write a historical overview of the project area. The historical overview must be sufficient to establish the necessary context to assess National Register eligibility. It should be based on a variety of information sources including local and regional libraries and museums. A lengthy treatise is not expected. CONSULTANT shall conduct an aerial photograph review. Although coverage is not currently statewide, many digital orthophoto quads (DOQs) are available for free download from http://agrc.utah.gov/index.html. C.3 C.3.1 FIELD INVENTORY INVENTORY APPROACH

CONSULTANT will develop a systematic inventory approach to ensure that all abandoned mines in the project area are identified and documented. It is important that the inventory approach is designed such that a logical geographic portion of the project area will be considered complete if funding falls short of covering the entire initial project area. Funding for each project is allotted based upon an initial estimate of the number of abandoned mines that will be found within the project area. When substantially more mines are found to exist within the project area than were initially estimated, the project area may have to be reduced in size. By using a systematic inventory approach it is possible to clearly delineate the area(s) in which the inventory has been completed. The idea is that the inventory should be managed as a single contiguous area (without islands) in the event it is necessary to scale back the size of the project. CONSULTANT shall provide a polygon shapefile (projbound.shp) that delineates the aerial extent in which inventory was completed (final project area). The shapefile shall contain the attribute data as specified in Appendix D. CONSULTANT shall be able to account for all of the land within the final project boundary, whether the inventory was done by pedestrian survey, literature search, etc. The CULTURAL/HISTORIC inventory and survey should take into account the geographic distribution of the mines, the known cultural features based on the inventory data, and anticipated patterns of cultural features and significance based on the archival research. The cultural inventory must include enough area so that recommended treatment of towns, camps, other habitation sites, transportation systems, linear features, etc. in the project area, but not directly impacted by the proposed reclamation work, can be included in the Cultural Report. The field design must be approved by the SHPO and if requested, the appropriate federal agency. Archaeologists are not permitted to go underground. No underground surveys are required. OFFEROR must possess all appropriate federal and state permits needed to conduct

archaeological and historical survey and inventory work in Utah and submit copies of them for approval by the OWNER, SHPO and if applicable, any local federal land managing agency officials. If Bureau of Land Management (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 US Forest Service managed lands, the appropriate Special Use Permit must be obtained from the District Ranger and submitted to the OWNER prior to any fieldwork. Not all mine features (entrances) inventoried by engineering personnel will require closure. Closed features (where no OWNER work will be conducted) do not require cultural survey. The BAT SURVEY should provide type of use by bats of the mines. C.3.2 TAG NUMBERS AND MARKERS

Each inventoried mine opening shall be assigned a unique site identifier (Tag Number). The Tag Number consists of twelve characters derived in the following way: one digit for the quadrant of the state, two digits for the township number, two digits for the range number, two digits for the section number, two letters for the opening type code and three digits for a sequential number in the section (see Appendix C). There shall be no sequential gaps in the Tag Numbers assigned in each section. Mine features shall be identified by the full Tag Number in all documents (including cultural survey report) and tables in order to minimize confusion and the need for crossreferencing. Tag Numbers may be truncated only on permanent mine feature markers and where feature labels occur on maps. CONSULTANT shall mark all mine features with permanent and lasting markers. The preferred method is a steel washer stamped with the tag number and secured with a masonry bolt to competent rock surrounding the mine opening. Foil tags and wooden stakes are not acceptable. At a minimum, markers shall be inscribed with partial Tag Numbers, consisting of the section number, the opening type code and a sequential number in the section with leading zeros omitted. For example, the marker for 3251705VO002 would be inscribed 05VO2. C.3.3 GPS DATA

All GPS data will be collected using a GPS unit capable of storing data in a data dictionary. GPS data must be accurate within 5 meters and suitable for output to an ESRI® shapefile or coverage. A suggested data dictionary (GPS\proj.ddf) will be provided by the OWNER (see Appendix E). CONSULTANT is encouraged to either modify or create a new data dictionary if doing so facilitates more efficient data collection. CONSULTANT shall collect GPS location points for the following opening types: HO, HC, HP, VO, VC, VP, IO, SH, PI, and ES (see Appendix C for opening type code definitions). CONSULTANT shall GPS the perimeter (as a polygon) of any mine feature with a diameter greater than approximately 50 feet. All cultural sites, features, datums, and site boundaries including the Area of Potential Effect (APE) shall be located by GPS. CONSULTANT shall provide a mine feature point shapefile or coverage (projmines.shp), a preferred equipment access route line shapefile or coverage (projaccess.shp), and a polygon shapefile or coverage of feature perimeters (projpoly.shp). Each shapefile or coverage shall contain the attribute data as specified in Appendix D. Archaeologist must survey the most appropriate equipment access route for cultural features. The surveyed route must be represented on the project maps for use during construction. CONSULTANT shall collect GPS line features for access routes to all hazardous mine features. Please note that many access routes already exist in digital format in the 1:24,000 scale roads and trails dataset (GISstate\SGID\st024\trrds.shp) provided by OWNER. CONSULTANT does not need to GPS roads and trails or segments thereof that are already contained in the trrds.shp file. Access routes are not necessarily roads or trails, but are the best access route to a mine site. Please refer to the access type codes in Appendix C. CONSULTANT shall provide an access route line shapefile (projroads.shp) with attribute data as specified in Appendix D. CONSULTANT shall GPS project area roads in sufficient detail to allow contractors to find the

correct road to any hazardous mine feature. This may require GPS coordinates for roads that do not lead to hazardous mine features (spur roads) for navigational purposes. GPS features for spur roads need only be for 50 feet or so from their intersection with access routes as an indication of their presence. C.3.4 INVENTORY FORMS

A significant component of the inventory is to determine which mine features are hazardous and therefore warrant reclamation work. OWNER recognizes that not all mine features are equally hazardous. Some mine openings in the project area are shallow holes or are in competent rock, while others are unstable and/or have extensive workings. OWNER considers the most common hazards to be fall and entrapment hazards created by mine openings and the host of problems associated with unrestricted access to deep underground workings. Falling rock hazards from unstable brows over portals, unstable highwalls, and unstable ground over shallow workings are also expected to be common hazards in the project area. CONSULTANT is required to complete abandoned mine inventory forms for all hazardous mine features (Engineering\InventoryForm2002.pub). Sample completed inventory forms are located in Appendix B. Note that it is not necessary to complete inventory forms for non-hazardous mine features which do not require reclamation action. CONSULTANT is also required to complete abandoned mine cultural/historic inventory forms for all mine features determined to require closure (Cultural/Historic/InventoryForm2004.pub) and Intermountain Antiquities Computer System (IMACS) forms on all sites determined to be eligible for listing on the National List of Historic Places. Sample completed inventory forms are located in Appendix B. Note that it is not necessary to complete cultural/historic inventory forms for nonhazardous mine features which do not require reclamation action. CONSULTANT is also required to complete abandoned mine bat survey forms (bats/batsurveyform.pub). Sample completed inventory forms are located in Appendix B. All work requiring entering underground mine workings is extremely hazardous and extra precautions should be taken. Note that it is not necessary to complete a bat survey form for non-hazardous mine features which do not require reclamation action. The Access Description on the inventory form should consist of a narrative detailing access directions to the mine opening. Directions should be sufficient such that someone with no prior knowledge of the site would easily be able to navigate to it. The Site Description on the inventory form should consist of a narrative description of the site. Any significant information pertaining to the opening or the site vicinity that is not described elsewhere on the inventory form should be recorded in the Site Description. The Closure Recommendation on the inventory form should consist of a narrative description of the closure recommendation as made in the field by a qualified Engineer. CONSULTANT shall include plan view and cross-section sketches of all hazardous mine features. Sample completed site sketch forms are located in Appendix B. Site sketches shall utilize standard map notation and include a north arrow and scale. Each sketch shall show surface features, mine features, and the relationship of the site to adjacent landmarks. The site sketch should indicate photo locations and orientations. Dimensions listed on the sample inventory forms are those required for entry into OWNER’s AMR database. Measurements collected in the field should, however, not be limited to the minimum required. CONSULTANT shall record sufficient measurement data on the site sketch for closure design, volume/area calculations, and cost of materials estimates. CONSULTANT shall estimate materials quantities (e.g., cubic yards of backfill or square feet of wall) required to perform the reclamation action and the reclamation method (e.g., hand labor or heavy equipment). These estimated quantities and methods will be used to prepare site-specific work descriptions, a detailed cost schedule, and mine closure in the construction bid package. CONSULTANT shall indicate preferred equipment access to each mine opening designated for closure. Appropriate cultural survey shall be performed on all access routes. The surveyed access route for each opening shall be recorded with a GPS and included on the project maps

created in GIS. It should also be marked on the sketch map section of the engineering inventory form. 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. C.3.5 DIGITAL PHOTOS

CONSULTANT shall take at minimum a close-up and an overview digital photo of each mine feature. Field inventory and photography shall not be performed on days when snow cover limits visibility of mining features. The photos shall be in JPG format with 2-megapixel resolution. Camera photo quality shall be set to 1792 X 1200 pixel resolution with BASIC JPEG image compression, which will yield a photo file size of approximately 400-700 kilobytes. At this file size, approximately 1300 photo files will fit on one 650-megabyte Read/Write CD. CONSULTANT shall use the following naming convention for digital photo files: Tag Number + lowercase “i” (for inventory photograph) + a sequential number. For example, file names for two photos of HO1 in section 7 would be 3270407HO001i1.jpg and 3270407HO001i2.jpg. Photos of cultural features other than mine openings will usually be labeled ES for equipment and structures. For example, the photo of an ore bin in section 7 would be labeled 3270407ES001i1.jpg. In the hard copy of the Cultural Report, the photo will be printed on regular paper and must be labeled with its filename described above, and a site name if known. For example, if 3270407HO001i2.jpg is used as a photograph in the Cultural Report or IMACS form, it would be labeled 3270407HO001i2.jpg/Smith Mine, Adit 2. With this information, a person reading the cultural report could go back to the CD of digital photos and find the picture of the Smith Mine, Adit 2. CONSULTANT shall deliver digital photographs on CD (Photos\AMR045917) and in print on regular (20 lb. copy or equivalent) white paper included in the 3-ring inventory binders (see C.3.4). See Appendix E for CD directory structure. 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. Place the photos in the binders with the inventory forms for the feature they relate to. Mine features shall be sorted by tag number and indexed by cadastral section. C.3.6 TABULAR INVENTORY DATA

OWNER shall provide CONSULTANT with a template for data entry in a Microsoft Excel spreadsheet (ProjSummary.xls). CONSULTANT shall tabulate inventory information as a component of ProjSummary.xls. This information is required in the specific format described in Appendix C for import into OWNER’s database. This spreadsheet also contains all the cultural and bat inventory information in a tabular format that CONSULTANT may use to create completed IMACS forms. CONSULTANT shall include any additional tabular inventory information in ProjSummary.xls on the MAIN worksheet (see Appendix C).

C.4

CUTURAL/HISTORIC INVENTORY

The CONSULTANT 's permitted archaeologist must visit each open mine opening. A minimum 30-meter radius around each opening must be surveyed. Additional areas may need a survey where associated cultural resources extend beyond the 30-meter radius and along all access routes for equipment. No subsurface remains need to be evaluated. The archaeologist shall determine eligibility and determine effect for each eligible property (mine opening) using the AMRP tag number. The relevant AMRP tag numbers must be used in association with the Smithsonian site number. Multiple ID systems must be cross-referenced. The CONSULTANT shall develop closure designs that are sensitive to and compatible with preserving historic properties cultural resources whenever possible. The final closure design recommended to OWNER by the engineering firm 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 hazard abatement work. CONSULTANT shall record all cultural resources associated with the mine openings designated for closure either as Isolated Finds (IF), individual sites or as larger sites with several openings. This grouping will depend on the distribution and nature of the resources present and, if located on public lands, must take into consideration management needs of the federal land managing agency. All sites, features, datums, preferred equipment access routes, and site boundaries including the Area of Potential Effect (APE) shall be located by GPS according to Section C.3.3 GPS Data. All cultural inventory data must be tabulated in the ProjSummary.xls spreadsheet. The fields in the Cultural and IMACS worksheets of this spreadsheet are designed to be used with a merge process to populate IMACS forms for submission to the State Historic Preservation Officer (SHPO). Blank IMACS forms may be best for collecting and recording this information in the field, which can then be transcribed into the spreadsheet and merged into a printed (rather than handwritten) IMACS form for final submission. C.5 BAT SURVEY WORK 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. 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. If an adit or shaft is shallow enough to make the determination that they do not exhibit signs of use by bats should be eliminated as potential bat roosts. The final closure design recommended by the engineering firm should utilize mitigation measures to reduce adverse impacts to the bats. All work requiring entering underground abandoned mine workings is extremely hazardous and extra precautions should be taken. All bat survey data must be tabulated in the ProjSummary.xls spreadsheet. Blank bat survey forms may be best for collecting and recording this information in the field, which can then be transcribed into the spreadsheet and merged into a printed (rather than handwritten) bat survey form for final submission. A warm season and cold season survey will be conducted. The actual timing of the warm and cold season bat surveys will be at the discretion of the CONSULTANT. C.6 RECLAMATION DESIGN

CONSULTANT shall assess the potential hazard and cultural significance at each mine feature and recommend the appropriate reclamation action, applying accepted engineering standards and practices and considering cultural/historic and bat status. OWNER shall provide CONSULTANT with a set of standard closure design drawings (ClosureDrawings.pdf). Although CONSULTANT is encouraged to utilize existing closure designs where applicable, CONSULTANT shall develop custom closures designs and include custom closure design

drawings in the final report where they prove to be cost effective or unavoidable due to sitespecific conditions. Custom closure designs include any significant modification of a standard closure design, non-standard applications of standard closure designs, or any non-standard closure design such as, but not limited to, site grading and earthwork, drilling, blasting, fabrication, etc. Calculation of loads, safety factor, etc will be required only for these custom closure designs. Application of any new closure method will be subject to approval by OWNER. CONSULTANT shall recommend acceptable alternative closures in case first choice recommendation cannot be used due to wildlife or other concerns. Wildlife surveys may not be available for use by the time CONSULTANT begins closure selection process. See section C.12, C.13, and C.14 for additional information. C.7 LAND OWNERSHIP RESEARCH

CONSULTANT shall conduct research to determine property boundaries and ownership 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. It is not necessary to collect detailed land ownership information for municipalities, subdivisions, etc. unless mine features are located there or access routes cross these lands. CONSULTANT shall document all information necessary for OWNER to obtain Right of Entry Consents for reclamation construction (Realty\ProjOwnership.xls). CONSULTANT shall utilize, where appropriate and available, the following sources of information to document land ownership: U.S. Bureau of Land Management (BLM) mining district sheets, BLM mineral surveys, BLM Notices of Location, BLM mining claim abstracts, BLM LR2000 database reports, County Recorder’s plat maps and title documents, Forest Service maps, tax assessment records, etc. 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. CONSULTANT shall provide photocopies (not to exceed 11” x 17”) of pertinent title documents, tax records, mineral surveys, LR2000 database reports, plats, etc. that serve to establish and corroborate and/or cross-check ownership. CONSULTANT shall contact each landowner to confirm land ownership research. Under no circumstances will CONSULTANT negotiate closures or attempt to acquire consents of any kind. Landowner questions regarding the project or OWNER intent shall be directed to OWNER. CONSULTANT shall plot all patented and unpatented claims and private parcels using legal or metes and bounds descriptions, where possible. Digitized claims and parcels are acceptable only when legal descriptions or metes and bounds descriptions from surveys and other records are not available. CONSULTANT shall generate a single polygon shapefile containing all claims and private parcels (see Appendix D) and produce a set of maps that show land ownership boundaries in relation to all mine features and access routes. It is preferred that these maps be the project site location maps with the land status layers added. These maps are usually too complex for field use, but are most helpful for land ownership work. CONSULTANT shall also tabulate the following land ownership information as a Microsoft Excel spreadsheet (ProjOwnership.xls): tag number; owner number (unique, sequential number beginning with the number 1, assigned by CONSULTANT); 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. See example PDF files in Maps\examples on OWNER provided CD. OWNER shall provide CONSULTANT with a sample of the preferred document format (see Realty\examples).

C.8 C.8.1

INVENTORY REPORT AND DELIVERABLES DIRECTORY STRUCTURE

OWNER’s directory structure is designed to make the final transfer of data between CONSULTANT and the OWNER as efficient as possible. The directory structure in Appendix E reflects OWNER’s file organization system. By receiving deliverables in this format, data transfer becomes a simple process of “dragging and dropping” folders from CONSULTANT supplied data CD to OWNER’s local server. This directory structure becomes particularly important in the transfer of GIS data. Statewide GIS datasets and quad images are very large files that occupy a significant portion of OWNER’s local server space. Because server space is costly and limited, it is necessary to minimize duplication of these large datasets and files. By requiring CONSULTANT to utilize OWNER’s file organization system and naming conventions it becomes very easy for the OWNER to recognize and transfer only unique project datasets from the data CD to OWNER’s server. C.8.2 PROJECT SUMMARY SPREADSHEET

Projsummary.xls is provided as the main spreadsheet in which to keep all project data. The spreadsheet contains the following worksheet tabs: MAIN, INSTRUCTIONS, AMRADMIN, LOCATION, CULTURAL, BAT and ENGINEERING. The MAIN tab is provided as the main worksheet in which to keep all of the project inventory data as CONSULTANT prepares and completes the project. Some color-coded example fields have been provided with names that correspond to field names of data required for entry in OWNER’s AMR database. However, CONSULTANT is free to organize and format this table in any way that is most useful. Upon completion of the project, CONSULTANT shall prepare all AMRADMIN, LOCATION, CULTURAL, BAT and ENGINEERING worksheet data for the AMR database. These tab names correspond to table names in OWNER’s AMR database. Each tab contains column headings that correspond to the field names in OWNER’s AMR database tables. It is important that all data be entered in the correct format, as defined in Appendix C. Also, see OWNER provided template (Engineering\ProjSummary.xls). It is important that inventory data contained in the AMRADMIN, LOCATION, CULTURAL, BAT and ENGINEERING worksheets are free of errors (e.g., 4020212HO005 instead of 4020212HO5) and that no data are missing. Error-checking at this point will potentially save the OWNER hours of error correcting at a later date. OWNER’s AMR database runs on the Microsoft Access platform and utilizes data entry masks that will not allow the importation of data in non-standard formats. The OWNERSHIP worksheets contain required ownership information fields that are populated with example data. C.8.3 INVENTORY/ENGINEERING REPORT

CONSULTANT shall provide a report documenting methods used for field inventory, cultural inventory, bat survey, engineering and design, and cost estimation. Inventory/engineering report shall be provided in bound, hard copy and in Microsoft Word format and be located in Engineering\ProjReport.doc. C.8.4 CULTURAL/HISTORIC REPORT

The CONSULTANT shall provide a separate cultural final report that includes all data in both written and electronic form. The report must be adequate to be used by OWNER to establish eligibility and to determine the effect of the WORK on eligible sites in order to comply with the NHPA Section 106. The Report shall have the following sections as necessary: Cover Sheet, Management Summary, Table of Contents to include Introduction and Project Description, Regulatory Setting, Class II and Archival Research Methods, Mining District Context, Brief History of Mining in the Region, Prospecting, Mining Claims and Patents, Mine Development, Survey Results, Evaluation Criteria, Eligibility Status, Assessment of Impacts and Effect, References Cited, Appendix I: IMACS Forms including photographs, Appendix II: Maps, and Appendix III: Closure Table with Cultural Status. IMACS form data will also be tabulated in the Projsummary.xls spreadsheet for input in the OWNER’s database. This spreadsheet may be

used by CONSULTANT to populate paper IMACS forms, if desired. This report must be submitted to OWNER in draft form for review and approval by OWNER and possibly SHPO before the final version is delivered. C.8.5 PROJECT COST ESTIMATE

CONSULTANT shall prepare, both in hard copy and electronic format, an estimated cost for reclamation construction, presented as lump-sum items including unit costs that will be broken out into individual items (as in the bid sheets for the construction bid package). The cost estimate shall be based on unit costs derived from accepted estimating practices, as well as known prevailing local rates and historical cost data provided by OWNER. Sources or derivations of unit costs shall be explained in the project cost estimate. The electronic copy of the cost estimate shall be in Microsoft Word 2000 format and be located in Engineering\ProjCostEstimate.doc. C.8.6 MINE CLOSURE SCHEDULE

CONSULTANT shall prepare an appendix that includes a schedule of mine closures with Tag Number, map sheet reference, dimensions, reclamation action, estimated quantities, cultural eligibility status, and bat exclusion to summarize the work for quick reference. This will be included as a table in the Microsoft Word project report document (ProjReport.doc). C.8.7 CLOSURE DRAWINGS

OWNER will provide CONSULTANT with a set of standard closure design drawings, located on the provided data CD (\Engineering\BidPackage\ClosureDrawings.pdf). CONSULTANT shall append OWNER’s set of standard closure design drawings with design drawings for all custom closure types. CONSULTANT shall provide a complete set of closure drawings to be used as a component of the Construction Specification Package. New or modified versions of OWNER’s standard closure design drawings shall be provided in hard copy and in Adobe Acrobat (.pdf) format and be located on the delivered project data CD in Engineering\BidPackage\ClosureDrawings.pdf. C.8.8 PROJECT MAPS

Maps of the project area shall contain all inventoried mine features and access routes and show sufficient detail for the contractor bidding on the project to have a clear understanding of the scope of the work. CONSULTANT shall submit hard copy maps on 8.5” x 11” sheets where practical or on 11” x 17” size at the maximum. C.8.8.1 MAP LAYOUT & DESIGN GUIDELINES There are many ways to organize and present the geographic data compiled by the inventory. It is OWNER’s intent and desire to obtain maps that are useful and convenient to the user for relocating sites in the field. Maps that are organized as tiles in a grid (such as sections), for instance, may be good for documenting and cataloging sites, but they are often frustrating and inconvenient for the field user because access routes and navigational landmarks may lie off the sheet and several map sheets may be required to reach a site. OWNER recognizes that good map design is subjective and is as much art as it is science. The graphic layout and organization of the maps will vary from project to project depending on the size and shape of the project area, the number of mine sites, the distribution of sites within the project area, the topography, roads, and cultural significance, among other things. Because of this, there is no fixed set of specifications or standards for mapping, but OWNER offers the following guidelines for maps: • Once the field inventory work has been completed and the GPS data have been compiled, send the mine location point data and access route line data to OWNER for review. OWNER can recommend map organization and layouts based on the geographic distribution of the sites. Early consultation before much investment has been made and ongoing dialog can prevent headaches later.

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OWNER has had good experience using a hierarchical map organization, in which subareas for more detailed, larger scale maps are defined around clusters of mines. Depending on the size of the project, sub-area map scale, and density of mines, it may be necessary to define a second tier of sub-areas for even more detail. Ideally, subareas should all have the same dimensions, scale, and orientation (portrait/landscape). The difference in scale between hierarchical levels should generally be whole number increments (e.g. 1:48,000 and 1:12,000). If there are only a few, isolated, very dense clusters of mines and space on the map sheet permits, use larger scale insets for detail instead of creating a new map. Think in terms of access and of using the map to find the sites. The mines may be positioned near the edge of the sheet instead of centered if it helps to show more of an access road or if it picks up a topographic landmark. While there may be many more map sheets for a project, a person should be able to navigate from a road map type of landmark (town, major highway intersection) to any given mine site in the project using, at most, two or three map sheets. Use the smallest appropriate map scale for the level of information. That is, show as much land area as possible in a map to provide landmarks and context. However, map scales should not be reduced beyond the resolution of the printer. Contour lines on 1:24,000 scale USGS maps for mountainous terrain start to blend into a cloud when reduced to scales smaller than 1:48,000. It may be more appropriate to use the USGS 1:100,000 series maps in these cases. For mine location maps, try to use even map scales such as 1:1200, 1:4800, 1:12,000, etc., where one inch on the map represents even multiples of 10, 100, or 1,000 feet or whole miles. The markings on a standard ruler should represent even distances on the ground. “Print-to-fit” scales (such as 1:57,243) are acceptable for general project area location maps or overviews where you want to fit a large area onto a single page. Take full advantage of modern printing capabilities. Use grayscales, color, line weights, line types, etc. to organize data. Fonts for labels are readable down to about 6 points, and with similarly-sized symbols for mines a few feet apart from each other can be distinguished clearly even at scales as small as 1:12,000. Maximize the map area on the sheet. Legends, title blocks, and margins can be kept small (but leave a binding allowance). Try to minimize the total number of map sheets. Tabloid size (11” x 17”) sheets are generally preferred. If mine distribution in the project area lends itself well to letter-size (8½”x11”) sheets, they may be used. Generally, the legends, title blocks, and margins take too much of the space on this size sheet to make it useful. Sheets larger than 11”x17” are difficult to handle in the field, cannot be bound into a spec book without a map pocket, and must be folded manually. However, there may be situations where a single large sheet is more convenient than several smaller sheets. When OWNER has specs printed, color maps and oversized sheets must be printed separately and manually collated prior to binding. The collation is simplified if these maps go at the end of the document. Annotate maps with useful, relevant navigational landmarks that may not be on the USGS topographic base. These include things such as highway mileposts, signs, gates (especially if locked), buildings, corrals, stock tanks, cattle guards, power lines, cell towers, anomalous vegetation or landforms (e.g. an isolated tall fir in the midst of sagebrush or pinyon-juniper), abandoned vehicles. Not all annotations are appropriate for all scales.

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Remember that the end user may be anyone from an engineer to an unskilled construction laborer.

Each map block shall contain a verbal and graphic scale, north arrow, legend, and be certified by the seal of a registered professional engineer in the State of Utah with a PE license in civil or mining engineering. CONSULTANT shall also identify mine features on maps using an abbreviated Tag Number as a label so that labels are discernible. For example, an adit should be labeled 25HO5 instead of 4120434HO005 or, where section lines are shown and labeled, the same adit may be labeled HO5 without the section prefix. CONSULTANT shall provide OWNER with Adobe Acrobat (.pdf) copies of all map sheets. Each PDF file should be set up to print the same size as the corresponding hard copy map with one PDF file per map. PDF file sizes should not exceed 1 megabyte in size. OWNER expects that most project areas will require multiple map sheets to represent all mine features at a scale in which individual labeled mine features and access routes are readily discernible. CONSULTANT shall work to minimize the number of map sheets needed to cover the area while still maintaining readability. At a minimum, OWNER requires two sets of map sheets to be provided in PDF format: a map set to be included with the construction specification package and a map set showing land ownership boundaries in relationship to hazardous mine features and access routes. PDF map files shall be named using the project number and sheet number as follows. For the Farnsworth Project (AMR045917), for example, engineering map Sheet 2E of 7E (“E” for engineering) shall be named 045917sh2Eof7E and land ownership map Sheet 1R of 2R (“R” for realty), shall be named 045917sh1Rof2R. Maps shall be provided in PDF format and be located in Maps\ProjMaps.pdf. See example PDF files in Maps\examples on OWNER provided CD. C.8.9 PORTABLE ARCVIEW PROJECT FILE

Maps may be produced in ArcView, version 3.2 or higher, or in ArcGIS version 8 or higher. In Arcview 3: Portable ArcView project files can be run from CD or moved to OWNER’s local server and run by editing the .apr file to point to existing statewide data sets and images on OWNER’s server. By keeping all directory structure pathnames on data CDs consistent, the process of editing the ArcView project files is quite simple and can be automated. When creating this portable project, CONSULTANT shall include on the CD all themes, extensions and customizations necessary to run the project. The ArcView project shall be submitted in draft form for testing and approval by OWNER before the final version is accepted. CONSULTANT shall create an encapsulated, portable ArcView project in the following manner: All files referenced by the ArcView project file (.apr) must be located in the directory structure below /917project/ or /905project, where ‘project’ is Farnsworth or Silver City. Set an environment variable 'mydrive' equal to the path above /917project/ (don't include '' marks). Edit the project (.apr) file in a text editor and replace all occurrences of the path above /917project/ with $mydrive. Open the project (.apr) to ensure that it works. Burn the entire directory below /917project/ to CD. Test the portable ArcView project by resetting the environment variable 'mydrive' equal to the letter of your CD drive and opening the project (.apr) on the CD to ensure that all links to data are intact. Template.def is the layout template file created by ArcView to store layout templates. In order to make stored templates available in the portable project it is necessary to keep the template.def file with the project.apr file (in the project.apr's work directory). The layout template should provide OWNER with the fundamentals of CONSULTANT’s map block. The goal is to allow the

OWNER to modify or add datasets to maps views and easily reproduce layouts that approximate those maps produced by CONSULTANT. In ArcMap: The .mxd file format is much tidier than the .apr file in ArcView. No special setup is required to move .mxd documents from the CD to the hard drive. However, CONSULTANT must ensure that all necessary layers (shapefiles and/or coverages) and reference files are included on the delivered CD with the ArcMap document. C.9 DEFICIENCIES

If technical deficiencies, other engineering related problems or problems with acceptance of the Cultural Report by SHPO or federal agency (if applicable) are encountered in the final product in its use during the bidding or construction process, OWNER may require further information, clarification, or verification of assumptions from CONSULTANT. It is expected 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. OWNER’s intent is to require CONSULTANT to complete the engineering and design accurately and in sufficient detail to perform construction work. C.10 EXCLUDED SERVICES

The following services and work are to be excluded from this contract, not considered WORK in this AGREEMENT, and/or will be completed by the OWNER: Environmental Assessment and compliance with Endangered Species Act, landowner consent for right of entry, surface drilling, coring, or test trenches requiring equipment mobilization, unless approved by OWNER. C.11 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. Land ownership research shall be performed by an individual with extensive experience in patented and unpatented mining claim ownership research. All Cultural/Historic Work shall be performed by or under the direct supervision of a principal investigator (Archaeologist) qualified to do such work under 36 CFR 801 (or as approved by the SHPO) and permitted to perform such work in Utah by the Utah State Office of the Bureau of Land Management (BLM). The principal investigator must have experience in historic archaeology and surveys of historic mining areas. Offeror must possess all appropriate federal and state permits needed to conduct archaeological/historical survey/inventory work in Utah and submit copies of them for approval by the OWNER, SHPO and, if appropriate, any local federal land managing agency officials. If Bureau of Land Management (BLM) managed public lands are involved, a Fieldwork Authorization Request (Federal Form 8151-3), signed by the BLM Field Office Manager who administers the land involved, must be submitted to the OWNER prior to any fieldwork. If work is to occur on US Forest Service managed lands, the appropriate Special Use Permit must be obtained from the District Ranger and submitted to the OWNER prior to any fieldwork. All Bat Work shall be performed by or under the direct supervision of a principal investigator (bat biologist) qualified to do such work. A qualified bat biologist is someone who has demonstrated ability to work with bats. Demonstrated ability includes but is not limited to: 1) an advanced degree in wildlife biology with some bat emphasis; 2) more than 5 years of direct field experience with bats including designing and conducting bat surveys, mist-netting, echolocation and capture techniques; 3) ability to identify bat species that occur in Utah; and 4) rabies vaccination and current titer level documentation. All bat biologist credentials are subject to scrutiny by Utah Division of Wildlife Resources wildlife biologists who specialize in bats.

C.12

PERMITS

CONSULTANT must possess all appropriate federal and state permits needed to conduct archaeological/historical survey/inventory work in Utah and submit copies of them for approval by the OWNER, SHPO 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.13 SPECIAL PRECAUTIONS

ABANDONED MINE SITES ARE HAZARDOUS. CONSULTANT will exercise extreme caution when working near abandoned mines, equipment and structures. Some hazards, such as dangerous atmospheres 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 the bat surveys. All work requiring entering underground mine workings is extremely hazardous and extra precautions should be taken. C.14 LANDSCAPE CONSERVATION ISSUES

OWNER’s intent in reclamation design is to be as sensitive as possible to preserving existing vegetation and minimizing visual disturbance. OWNER prefers reclamation designs that minimize the use of heavy equipment, minimize equipment traverses across vegetated areas, employ manual labor and hand tools, and keep disturbance localized. The Construction Bid Package should include appropriate stipulations regarding equipment use and other activities as necessary to minimize disturbance. C.15 WILDLIFE CONSERVATION ISSUES

OWNER’s intent in reclamation design is to be as sensitive as possible in preserving mine openings that serve as habitat for wildlife, especially bats. Reclamation designs that allow wildlife access but prevent the public from entering the mine workings should be evaluated. CONSULTANT’s bat biologist will conduct internal mine surveys to evaluate the use of abandoned mines as bat habitat. Potential impacts due to mine reclamation activities are also evaluated in relation to threatened and endangered species.

ATTACHMENT D: DELIVERABLES SCHEDULE
D.1 LIST OF DELIVERABLES

CONSULTANT shall provide the following deliverables: ONE (1) HARD COPY OF EACH THE FOLLOWING: Item Inventory/Engineering Report Cultural/Historic Report Format 3-ring binder or other binding 3-ring binder Report and cultural inventory forms and prints of photographs for each feature surveyed suitable for submittal to SHPO 3-ring binder (may be included with Inventory Report) 3-ring binder (may be included with Inventory Report) 3-ring binder (may be included with Inventory Report) 3-ring binder (may be included with Inventory Report) Ownership Tables Ownership Maps Copies of Ownership Records Original field inventory forms Site sketch maps Prints of digital photographs labeled with descriptive information Description C.8.3 C.8.4

Engineer’s Cost Estimate Schedule of Mine Closures Custom Closure Drawings (if any) Project Maps Land Ownership Package Inventory Information organized by Tag Number in 3-ring binders

C.8.5 C.8.6 C.8.7 C.8.8 C.7 C.3.4 C.3.4 C.3.5

TWO (2) HARD COPIES OF THE FOLLOWING: Item Cultural/Historic Report Format 3-ring binder Report, cultural inventory forms and prints of digital photographs for each feature surveyed Description C.8.4

ON PROJECT DATA CD (organized as shown in Appendix E: DIRECTORY STRUCTURE): Item Project Summary Spreadsheet Inventory/Engineering Report Cultural Survey Report Engineer’s Cost Estimate Schedule of Mine Closures Custom Closure Drawings (if any) Filename ProjSummary.xls ProjInvReport.doc ProjCultReport.doc ProjCostEstimate.doc CloseSchedule.xls ClosureDrawings.pdf Format Microsoft Excel Microsoft Word Microsoft Word Microsoft Word Microsoft Excel Adobe Acrobat and AutoCAD or other native format Adobe Acrobat and ESRI ArcGIS 8.0 or higher or ArcView 3.2 or higher Description C.8.2 C.8.3 C.8.4 C.8.5 C.8.6 C.8.7

Project Construction Bid Package Maps

ProjMaps.pdf

C.8.8

Portable ArcView Project

Proj.apr

Land Ownership Maps

ProjOwnerMaps.pdf and Proj.apr

Land Ownership Information Spreadsheet Project Summary Spreadsheet Cultural/Historic Table with Cultural Status Digital photographs of each mine feature Original and differentially corrected GPS files ESRI® Shapefiles and corresponding legend files or ESRI® Coverages ArcView layout template file (if using ArcView 3.2) Portable ESRI ArcView project file OR ArcGIS Map Document

ProjOwnership.xls ProjSummary.xls CultStat.xls Tag number + “i” + sequential number

ESRI ArcGIS 8.0 or higher or ArcView 3.2 or higher Adobe Acrobat and ESRI ArcGIS 8.0 or higher or ArcView 3.2 or higher Microsoft Excel Microsoft Excel Microsoft Excel JPEG at 2 mega-pixel resolution ESRI® ArcView 3.2a or higher OR ArcGIS 8.1 or higher ESRI® ArcView 3.2a ESRI® ArcView 3.2 a ESRI® ArcGIS 8.1 or higher

C.8.9

C.7

C.7 C.3.6 C.4 C.3.5 C.3.3

ProjBound.shp, ProjMines.shp, etc. Template.def

C.3.3 and Appendix D This file is not necessary with ArcGIS C.8.9

Project.apr Project.mxd

D.2

DELIVERY SCHEDULE FOR DRAFTS AND FINAL COPIES

CONSULTANT shall furnish all deliverables in draft form, including electronic deliverables, for approval prior to submitting final copies. The OWNER strongly encourages CONSULTANT to submit draft components for approval as early as possible and on an ongoing basis. OWNER also expects ongoing communication with CONSULTANT as the work progresses, to ensure compatibility of the product with the OWNER’s requirements. Any revisions made of aforementioned draft by the OWNER will be incorporated into the product and resubmitted to the OWNER as a draft until the draft is considered complete and approved.

ATTACHMENT E: COST SCHEDULE
E.1 E.2 FIXED NOT-TO-EXCEED PRICE Price is to be negotiated upon selection of CONSULTANT. FIXED UNIT COST PRICES Unit costs are to be negotiated upon selection of CONSULTANT.

ATTACHMENT F: TIME SCHEDULE
F.1 The successful CONSULTANT shall show in bar chart form, on a weekly schedule, the activities required to complete the SCOPE OF WORK as shown in this Agreement, based on a contract award of July 3, 2007 and approval to start WORK on July 9, 2007. All deliverables are due June 30, 2008. The OWNER may extend the contract for up to one (1) year beyond June 30, 2008 at OWNER’s discretion. The bar chart shall show field time and office time (literature review and research, land records research, engineering and design, cultural/historic inventory and survey and bat survey and report preparation, etc). Constraints and float allowed for in the bar chart should be identified and explained in the schedule. Considerations for weather, access and normal delays should be accounted for within the schedule.

F.2

F.3

ATTACHMENT G: SERVICES AND FACILITIES PROVIDED BY OWNER
G.1 OWNER shall provide any information that has been gathered in the initial field inventories. Specifically, the following items will be furnished to CONSULTANT or made available for CONSULTANT's use: a. b. c. Any site-specific information that OWNER has that would be helpful to CONSULTANT in accomplishing the WORK. OWNER representative, as available, to accompany CONSULTANT to the project area for orientation. Access to resources in 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 detailing required formats and submittals.

d.

ATTACHMENT H: AMENDMENTS TO THE AGREEMENT
H.1 H.2 Amendments to the Agreement shall be in the form of a change order, signed by both parties and identical in format to the change order included on the following page. Change orders shall become attached to and part of the Agreement under the terms of the Agreement with changes as stipulated on the change order. Change orders shall not release CONSULTANT from any other terms or conditions that apply and are a part of the Agreement. Any additional WORK must be authorized by OWNER and must be in the form of a contract change order as an amendment to the Agreement. The change order must be fully executed prior to CONSULTANT undertaking any additional WORK.

H.3

SAMPLE CONTRACT CHANGE ORDER 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: Farnsworth or Silver City Engineering DOGM Project Number: AMR/045/917 AMR/023/905 FI-NET Accounting Codes: Farnsworth or Silver City Project Engineering Contract AMR/045/917/EC AMR/023/905/EC
Fund Agency Unit Org Approp. Unit Program Phase

1000

560

2510

2881

REE

GA

THE PARTIES AGREE TO AMEND THE CONTRACT AS FOLLOWS: 1. Contract period: 2. Contract amount: mm/dd/yyyy (original starting date) mm/dd/yyyy (current ending date) mm/dd/yyyy new ending date $000.00 $000.00 $000.00 (current contract amount) (amendment amount) new contract amount
(add current amount to amendment amount)

3. Other Changes: (expand table as needed) ITEM DESCRIPTION OF CHANGES IN NO. QUANTITIES, UNIT PRICES, SCHEDULE, ETC. 1. Description of changes in quantities, unit prices, schedule. 2. Description of changes in quantities, unit prices, schedule. 3. Description of changes in quantities, unit prices, schedule. 4. TOTAL AMOUNT OF CHANGE ORDER 4. Effective Date of Amendment: mm/dd/yyyy

INCREASE (DECREASE) $ $ $ $

All other conditions and terms in the original contract remain the same. IN WITNESS WHEREOF, the parties sign and cause the amendment to be executed. Approved by Contract Rep: Approved by AMR Admin: Accepted by Contractor: Approved by DOGM Budget Off: Approved by DOGM Director Approved by Div'n Purchasing: Approved by Div'n of Finance: _____________________________________ _____________________________________ _____________________________________ ____________________________________ _____________________________________ _____________________________________ _____________________________________ Date: ______________ Date: ______________ Date: ______________ Date: ______________ Date: ______________ Date: ______________ Date: ______________

DOGM Change Order Form (revised 01/11/06) Reference: Division of Purchasing Contract Amendment Form DP-4 (revised 01/05/00)

ATTACHMENT I: FARNSWORTH PROJECT-SPECIFIC INFORMATION
I.1 PROJECT AREA LOCATION

The Farnsworth Project area is located on the Mills Junction, Farnsworth Peak, Tooele, Bingham Canyon, Stockton, and Lowe Peak USGS 7½' quadrangles directly north and northeast of Tooele, in Tooele County, Utah. The project area, where elevations range from approximately 4,840 to 9,180 feet, takes in the westernmost reach of the central portion of Oquirrh Mountains, between I-80 and Ben Harrison Gulch. The county boundary line for Tooele and Salt Lake counties forms the east boundary of the project area. The southern boundary of the project area is formed by the Kessler project boundary, section lines of 19, 20,33 and 34. State Route 36 between I-80 and Tooele defines the west boundary of the project area. The north boundary is defined by I-80. The majority of the mine sites are located on the west-facing slopes above the town of Stockton and Tooele in Spring, Dry, Middle, Pine, Pole, Settlement, Swenson's, Pass, Flood, Bates, Coyote, Big, Rogers and Black Rock canyons. The Farnsworth Project area takes in all or portions of the following sections: T4S, R3W, Sections 4-9, 16-19, 30 T4S, R4W, Sections 1-5, 7-18, 21-28, 36 T3S, R3W, Sections 4-9, 16-21, 28-32 T3S, R4W, Sections 1-3, 10-15, 22-27, 33-36 T2S, R3W, Sections 5-8, 17-20, 29-32 T2S, R4W, Sections 1-2, 10-15, 22-27, 34-36 T1S, R3W, Sections 19, 29-32 T1S, R4W, Section 36 General reclamation area boundaries of the Farnsworth Project are shown on the location map at the end of this Attachment and are described in this section. Mine openings are not evenly distributed in this area. To access the Farnsworth Project area from the center of Tooele (junction of Main and Vine streets) take Highway 36 to East Vine Street. Turn east to Middle Canyon Road. Up canyon from Tooele, the road is a maintained 2-wheel-drive gravel road. In general, the terrain is steep and rugged. Most of the sites will be accessible by either four-wheel-drive vehicles or by allterrain vehicles (ATVs). Some of the sites will require foot access to reach the actual openings. I.2 PROJECT AREA DESCRIPTION

The Farnsworth Project area consists of an approximate projected estimate created by utilizing USGS Quad map symbols, prospects and mineral occurrences of 60 abandoned, hard-rock metal mine openings in the central Oquirrh Mountains. The sites are located in variable terrain; some are in the flats, some in the foothills and some in steep rugged topography. All of the mine openings in the project area are expected to be small in aerial extent and disturbance to the surrounding topography. General reclamation area boundaries of the Farnsworth Project are shown on the attached location map. To reach the suspected ore, the miners drove numerous adits, inclines, shafts, prospect pits, and trenches in areas of little or no easy access. Cultural features may remain at several of the sites. The city of Tooele is located just west of the project boundary. All services are available. The historic Tooele townsite is located within the project boundary. This is the tenth abandoned mine reclamation project in this area. OWNER will provide any information about the previous projects that is useful to plan this WORK.

ATTACHMENT J: SILVER CITY PROJECT-SPECIFIC INFORMATION
J.1 PROJECT AREA LOCATION

The Silver City Project area is located on the Eureka, Utah and Tintic Junction, Utah USGS 7½' quadrangles including Eureka City, in Juab County, Utah. The project area, where elevations range from approximately 6,100 to 8,100 feet, takes in western slope of the Tintic Mountains from Mammoth Peak to the townsite of Silver City. The county boundary line for Utah and Juab counties forms the east boundary of the project area. The southern boundary of the project area is formed by the Silver Pass Road. State Route 6 & 50 forms the western boundary with the townsite of Mammoth generally forming the northern boundary of the project area. The Silver City Project area takes in all or portions of the following sections: T10S, R2W, Sections 19, 29-33 T10S, R3W, Sections 25-26, 35-36 T11S, R2W, Sections 5-6 T11S, R3W, Section 1 General reclamation area boundaries of the Silver City Project are shown on the location map at the end of this Attachment and are described in this section. Mine openings are not evenly distributed in this area. To access the Silver City Project area from Eureka Highway 6 & 50 west and then south to the Mammoth turnoff to the east to access the northern extent of mine sites. Continue south on Highway 5 & 50 to the Silver City turnoff to the east to access the southern extent of mine sites. The roads are generally maintained 2-wheel-drive gravel roads. In general, the terrain is steep and rugged. Most of the sites will be accessible by either four-wheel-drive vehicles or by allterrain vehicles (ATVs). Some of the sites will require foot access to reach the actual openings. J.2 PROJECT AREA DESCRIPTION

The Silver City Project area consists of an approximate projected estimate created by utilizing USGS Quad map symbols, prospects and mineral occurrences of 300 abandoned, hard-rock metal mine openings in the Tintic Mountains. The sites are located in variable terrain; some are in the flats, some in the foothills and some in steep rugged topography. All of the mine openings in the project area are expected to be small in aerial extent and disturbance to the surrounding topography. General reclamation area boundaries of the Silver City Project are shown on the attached location map. To reach the suspected ore, the miners drove numerous adits, inclines, shafts, prospect pits, and trenches in areas of little or no easy access. Cultural features may remain at several of the sites. The city of Eureka is located just north of the project boundary. Minimal services are available. This is the fourth abandoned mine reclamation project in this area. OWNER will provide any information about the previous projects that is useful to plan this WORK.

APPENDIX A: CONSULTANT PERFORMANCE RATING FORM

CONSULTANT PERFORMANCE RATING Utah Division of Oil, Gas and Mining Abandoned Mine Reclamation Program Consultant: Project: Contract Number: Satisfactory= 1; Unsatisfactory= 0 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Achieved the specified level of project quality and quantity. Prompt, diligent, and systematic prosecution of work. Adequate personnel (number and skill level). Adequate equipment (number, type, and operating condition). Effective management and supervision of work. Cooperation, responsiveness, and communication with project manager. Cooperation and timely response in negotiation of contract changes. Cooperation in negotiation of claims. Record of prompt payment for labor, materials, equipment, and subcontract work. On-time submission of necessary documents and reports. Compliance with all applicable federal, state, and local laws and regulations. Minimized the adverse effect of activities on the public and the environment. Cooperation with landowners and/or utilities. . AMR/ /

Rating:

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

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