3-Invitation to Bid Technical Specs Pineridge Mine.docx

Weed Area to be Sprayed FY 2026

Invitation to Bid

Agency Contract Documents for The State of Utah Minerals Mine Reclamation Program

FY 2026 – Project # 2026-02 RQS 262000000x Solicitation JH26-xx Pineridge Mine Willow Creek, Utah May 2026

UTAH DEPARTMENT OF NATURAL RESOURCES

Division of Oil, Gas & Mining Minerals Program 1594 West North Temple, Suite 1210, Box 145801 Salt Lake City, Utah 84114-5801

XXX This is NOT a standard DFCM Specifications Package Table of Contents

1. INFORMATION TO BIDDER - SUMMARIES

INFORMATION TO BIDDERS SUMMARY

Project List This document serves as an invitation to bid to qualified bidders to perform mine reclamation work for the State of Utah Division of Oil, Gas and Mining (“DOGM”). Bidders are to provide the State of Utah with a turnkey project cost for Fiscal Year (“FY”) 2026. The items in the reclamation package to be bid upon are as follows:

Item Name

Location

Long:111.855942633W

Long:111.855942633W

Long:111.855942633W

Pictures of the concrete and associated debris listed in the table can be found in Appendix B The location and access to the site can be found in Appendix A. The Award of the bid shall only be for Project 2026-02 and based on bidders’ qualifications, any subcontractor’s qualifications, responsiveness and the bid amounts. Bidders will develop the turnkey proposal cost from the scope of work, onsite visits and additional questions posted through Purchasing’s online portal for the entire project. Bidders must complete all required documents for bid submission for the bid to be considered.

Program Summary The Utah Division of Oil, Gas and Mining Minerals Program (“the Program”) administers funds and oversees the work required to remediate mineral mines at various locations throughout the State of Utah where the Board has found the operator in default and has claimed the bond. For the purposes of this contract a bond has been forfeited and is being held by the Division for payment on this project.

The work may include but is not limited to: Removal, transportation and disposal of concrete debris using excavators, hammers, trucks and trailers, reseeding of disturbed areas and spraying of weeds at the mine site. DOGM holds approximately $18,000 in bond monies for this project.

Required Documents for Bid Submittal The following is a checklist of items found in Section B – Bid Documents that must be completed in full and submitted for the bid to be considered Responsive and accepted for consideration:

Table 1 - Bidder Project Experience Table 2 - Bidder Personnel Experience Table 3 - Bidder Equipment Offered Table 4 - Bidder’s Subcontractor Work Areas Table 5 - Bidder’s Subcontractor Work Experience Table 6 – Bidder’s Subcontractor Equipment Offered Bid Table

Qualifications of Bidder The Bidder shall have direct and extensive experience both overseeing and conducting demolition operations; defined as “the Work”. The four areas listed below will be used to assess whether the Bidder is competent to perform the Work (“Qualified”).

· Bidder company and personnel experience on similar contracts

· Bidder client references for experience listed work

· Bidder-owned equipment dedicated for use on the Contract A current Utah Contractor’s License may be required for the types of work described in the Scope of Work.

The Bidder shall complete the Contractor Qualifications Form, contained in Section II, Bid Documents and submit the form with the bid.

DOGM reserves the right to reject any and all bids, in the event DOGM determines the Bidder(s) not to be qualified to perform the Work.

Use of Subcontractors Qualifications of the proposed Subcontractors will be evaluated in accordance with the criteria set forth in Subsection A-5. The Bidder shall complete and submit the Subcontractor Qualifications Form contained in Section II, Bid Documents and submit the form with the bid.

The Bidder may propose to use Subcontractors for portions of the Work. The Bidder shall identify percentages of the project bid costs that are allocated to Subcontractor(s) on the Bid Summary Form. Percentages shall be estimated based on the actual costs the Bidder enters on the Bid Tables.

DOGM reserves the right to reject any and all bids, in the event DOGM determines the Bidder’s Subcontractor(s) not to be Qualified to perform the Work.

Bids and Bid Tables The Contract shall be awarded to the lowest cost, Qualified, Responsible Bidder. This contract will be awarded as a single package including all the work required in the scope of work and not as individual line items on the bid tables. For the purpose of being considered the lowest cost bid, each bid will be evaluated and awarded based on the total project cost bid from the bid tables.

Before submitting a bid, the bidder shall carefully examine the drawings, specifications and other contract documents and shall visit the site of the WORK (see Section I - Pre-Bid Meetings); shall fully inform themselves as to all existing conditions and limitations; and shall include in the proposal the cost of all items included in the CONTRACT. The Bidder shall fill out all blanks and include all forms and submittals or be subject to having the bid disqualified. (See the checklist of bid items on page 2).

In order for the bidder to better evaluate costs and prepare a bid, DOGM has included relevant information from the project area (see Section V and the Appendices). If more information is needed questions must be submitted on purchasing’s website portal for this proposal where answers will then be posted.

More information about purchasing can be found here:

https://purchasing.utah.gov/for-vendors/

The Bidder is responsible for drafting a debris removal, reclamation and weed mitigation plan for the project area as described in the scope of work and allocating the associated costs of each procedure or plan onto the appropriate bid table Note: Responsible bidders will be considered to be those bidders who have fully evaluated the work to be performed, have the appropriate equipment and experience to offer as detailed in their bids.

Contracts The Contract shall be awarded to the lowest cost, Qualified, Responsible Bidder. We reserve the right to award the locations item by item or in the aggregate at our option. Bidders shall submit all costs for all specific services on forms provided herein.

The contract is for up to an approximate one-year period (FY 2026/27) to allow for flexibility to complete all work in the optimal season. All work should be completed by June 30, 2027. The contract is only valid for the work specified in this contract. If additional time is needed to complete the work, the Contractor must complete and submit the Project Work Order Change Form and the DOGM Engineer, or other authorized official may grant an extension. The Contract award value shall be based on the Bidder’s Bid Table values. This is a turnkey bid. Bidders should include all costs and materials necessary to accomplish the scope of work. If something unforeseen arises that is outside of the scope of work, a Project Work Order change and contract amendment can be authorized by the DOGM. DOGM reserves the right to increase or decrease specific Contract awards as provided for in the Contract documents. Section C contains examples of the documents that need to be completed prior to awarding any contracts and documents used to change the scope of work or amend the contract.

Scope of work for each project item will be developed and forwarded to the selected Contractor(s) as Project Work Orders at the time contract is awarded. A scope of work is discussed in the Scope of Work section below and will be discussed further at the Pre-Bid Onsite meeting - see the Pre-Bid Onsite section below. Questions asked at the onsite or submitted to Purchasing will be posted and answered on Purchasing’s website. These questions and answers will be considered part of the scope of work and will need to be considered in submitting the turnkey bid.

· Deliver bids to the Division of Purchasing only through their online submittal process.

· Do not deliver bids to the Division of Oil, Gas and Mining.

Project Work Orders Project Work Orders (“PWO”) will be used by DOGM to define specifications and quantities of Work necessary to be performed within a specified time frame. The PWO will define work locations, scope of work, any known construction or historical inspection data, and estimated costs of work needed to complete the project. The Contractor will be responsible for submitting this document along with all the necessary attachments and getting approval from the DOGM prior to proceeding with any work. A Project Work Order Form may be found in Section C, Subsection C-6.

The Owner and Contractor shall attend a Project Meeting to review the scope of work and come to an understanding as to what is needed to complete the project. After the Project Meeting, the Contractor shall issue the PWO. Prior to the start of work, both the Owner and Contractor shall sign the PWO. The Project Work Order Change Form, found in Subsection C-7, should be used for any changes to the scope of work.

Project meetings are mandatory: shall be attended by the designated Operations Supervisor assigned to the project: and, are not chargeable to the Owner under this Contract.

Scope of Work This subsection covers the scope of work in detail. Further, more defined aspects may be discussed at the Pre-Bid Onsite meeting (See Subsection below) and the scope of work will ultimately be specifically defined by issuance of a Project Work Order after awarding the Contract (see Subsection above). The project will consist of removing a concrete and construction associated dump pile (estimated 12 CY, to be confirmed on Pre-Bid Onsite) from the site location and disposing of the construction and demolition debris in an approved disposal site. Surface reclamation shall be done according to minimum standards set by the OWNER. All non-soil debris within the project area shall be cleaned up and disposed of properly. Disturbance of area surrounding the debris pile should be kept to the minimum required. The disturbed areas should be regraded to original contour and reseeded upon completion of work. The seed area is approximately 0.15 acres. See appendix C for seed mix and application area.

The mine area should be sprayed for noxious weeds. The mine area is approximately 15 acres. See appendix D for weed spray area. The main weeds present are Scotch thistle and Musk thistle. For maximum effectiveness the herbicide used should be used according to the recommended procedure and the correct time. The thistle should have a rosette (green leaves at base of plant) at the time of application for maximum effectiveness. Spray the rosette and the stalk. A surfactant should be added to help the herbicide stick to the leaves. The following is a list of recommended herbicides. Use one of the following or equivalent in accordance with conditions provided for the type used.

Specific Herbicide Recommendations:

· Picloram:

Effective, especially in cool, dry autumn conditions, but has restrictions on use near groundwater and season of use.

· Dicamba, Picloram, or Metsulfuron methyl:

Effective when applied to rosettes in fall or spring, with 90-100% control typically reported.

· Milestone (aminopyralid) and Tordon 22K (picloram):

Effective and often recommended for fall or early spring applications. Be cautious with Tordon 22K as it can also kill desirable woody plants.

Bids should consider all costs to do the work as a turnkey bid and should include any amounts to cover the costs of reclamation. Bids should be separated into three parts: 1) Removal and disposal of concrete/construction material, 2) Recontouring and reseeding of site disturbed during removal of concrete/construction material and 3) Spraying noxious weeds within mine site area.

Pre-bid Meeting A PRE-BID ONSITE MEETING FOR THIS PROCUREMENT WILL BE PUBLISHED ON THE DIVISION OF PURCHASING’S WEBSITE. The expected time of the onsite will be from 9 A.M. - 12 P.M. on the date published. The meeting place will be at the turnout on the west side of Avon Pass Road (N Forest Service Rd 162) at the following coordinates 41.393029, -111.862087 (approximately 2.68 miles from the end of pavement of street 3300 E in Liberty, UT). See map of meeting location in Appendix A. The cutoff time to be considered on time for the meeting will be at 9:30 A.M on the date published. Access issues, scope of work, current job status and possible work concerns will be discussed. Bidders or their representatives are required to attend this meeting in order for their bid to be considered Responsive and are required to bring all relevant documents for this project on the Division of Purchasing’s website with them to the meeting. Be early to the meeting as latecomers will not be allowed to bid on the project. Sign in at the meeting location will be required.

Interpretation of Plans and Specifications If any person contemplating submitting a bid for the proposed CONTRACT is in doubt as to the true meaning of any part of the drawings, specifications or other proposed CONTRACT documents, he or she may submit a written request on Purchasing’s online portal for this project for an interpretation thereof.

Any interpretation of the proposed documents will be made only by a duly issued addendum. A copy of such addendum will be posted on the Division of Purchasing’s website for this project. The OWNER will not be responsible for any other explanations or interpretations of the proposed documents.

Right to Reject Proposals Summary Information FY2026 The OWNER reserves the right to reject any or all proposals.

2. BID DOCUMENTS

Bidder Qualifications Form Bidder shall list representative projects completed within the last three years; dedicated personnel Contract-related experience; and dedicated Contract equipment data in the following tables. Bidder may attach additional pages if needed.

1. Table 1 - Bidder Project Experience

Project Name Owner Name Owner Reference Phone #

Project Description

Contract Value ($)

2. Table 2 - Bidder Personnel Experience

Experience Description

3. Table 3 - Bidder Equipment Offered

Equipment Item

Make/ Model Year Manufac- tured

Serial Number

Condition

Required Bid Documents FY 2026

Subcontractor Qualifications Forms Bidder shall list Subcontractor’s Contract Work areas and total percent of Work allocated to Subcontractors in Table 1. Representative projects completed within the last three years; and dedicated Contract equipment shall be entered separately for each Subcontractor in Tables 2 and 3. Bidder may attach additional pages if needed.

1. Table 4 - Bidder’s Subcontractor Work Areas

Subcontractor Name/Address Work Area List Specific Services/Equipment To Be Supplied Estimated Percent of Contract

EST. PROJECT TOTAL SUBCONTRACTED %__________________

2. Table 5 - Bidder’s Subcontractor Work Experience

Project

Owner Name Owner Reference Phone #

Project Description

Contract Value ($)

3. Table 6 – Bidder’s Subcontractor Equipment Offered

Equipment Item

Make/Model Year Manufactured

Serial Number

Condition

Subcontractor Forms FY 2026

Bid Tables

Project Bid

Bid Tables FY 2026

II. STATE PROCUREMENT DOCUMENTS

ATTACHMENT B

SCOPE OF WORK

SCOPE OF WORK, hereinafter the Work or WORK, to be performed is that contained in the Agency Contract Documents prepared by the Division of Oil, Gas & Mining, dated August 2025, and any Project Work Orders executed as a result of this CONTRACT.

The CONTRACTOR agrees to furnish all labor, materials and equipment to complete the Work as described by the Contract Documents and addenda which are hereby made a part of this Contract by reference. It is understood and agreed by the parties hereto that all Work will be performed as required in the Contract Documents and will be subject to inspection and approval prior to final acceptance by the Owner. The relationship of the CONTRACTOR to the Owner hereunder is that of an independent CONTRACTOR.

End Attachment B

Procurement Documents FY 2026

ATTACHMENT C

DIVISION OF OIL, GAS AND MINING

Minerals Program

CONSTRUCTION TERMS AND CONDITIONS

ARTICLE 1. TIME OF COMPLETION. The WORK under this CONTRACT shall be commenced upon CONTRACTOR’S receipt of a Project Work Order from the OWNER. The WORK described in the Project Work Order shall be completed within the time agreed to within the Project Work Orders. WORK delays caused by weather may, at the discretion of the OWNER, extend the completion date. CONTRACTOR also agrees to the liquidated damages provisions of Article 12.

ARTICLE 2. PAYMENT. See #24, Application for Payments, of the General Conditions – see Section D.

ARTICLE 3. INDEBTEDNESS. Before final payment is made, the CONTRACTOR must submit evidence including lien waivers, satisfactory to the OWNER that all payrolls, materials bills, subcontracts and outstanding indebtedness in connection with the WORK have been paid or that arrangements have been made for their payment. Payment will be made without unnecessary delay after receipt of such evidence as mentioned above and Final Acceptance of the WORK by the OWNER.

ARTICLE 4. ADDITIONAL WORK. See # 17, Charges; and #67, Price Adjustments, of the General Conditions - see Section D.

ARTICLE 5. DISPUTES PERTAINING TO PAYMENT FOR WORK. Any disputes which may arise respecting the value of any WORK done, or any WORK omitted, or of any ADDITIONAL WORK which CONTRACTOR may be required to perform, or respecting any other elements involved in this CONTRACT, will be decided by the Director of the Division of Oil, Gas & Mining, acting as the OWNER.

ARTICLE 6. TERMINATION OF CONTRACT. See #23, Termination for Default Clause, of the General Conditions - see Section D. Also,

a. If the CONTRACTOR is adjudged bankrupt or if the CONTRACTOR makes a general assignment for the benefit of CONTRACTOR'S creditors or if a receiver is appointed on account of CONTRACTOR'S insolvency, or if CONTRACTOR or any of his/her Subcontractors violates any of the provisions of this CONTRACT, or if the CONTRACTOR does not perform the WORK according to the CONTRACT Documents, the OWNER may serve written notice upon CONTRACTOR of its intention to terminate the CONTRACT; and unless within five (5) days after the serving of the notice, the violation ceases, the OWNER then may take over the WORK and at the expense of the CONTRACTOR, complete it by contract or by any other method it may deem advisable. The CONTRACTOR will be liable to the OWNER for any excess cost incurred by the OWNER and the OWNER may, without liability for so doing, take possession of and utilize in completing the WORK, such materials, appliances and any other property belonging to the CONTRACTOR as may be on the site of the WORK.

ARTICLE 7. INDEPENDENT CONTRACTOR. The CONTRACTOR will be considered an independent contractor, and, as such, has no authorization, expressed or implied, to bind the State of Utah or the OWNER to any agreement, settlement, liability or understanding whatsoever, nor to perform any acts as agent for the State of Utah, except as herein expressly set forth. The compensation provided for herein will be the total compensation payable hereunder by the State of Utah or the OWNER.

ARTICLE 8. LIABILITY AND INDEMNIFICATION. It is agreed that the CONTRACTOR will at all times protect and indemnify 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 of their boards or commissions or any of their elected or appointed officers or any of their employees or authorized volunteers, or the 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 the CONTRACTOR in the performance and execution of this CONTRACT.

ARTICLE 9. SUBCONTRACTOR. No part of this CONTRACT may be sublet by the CONTRACTOR without the prior written approval of the OWNER. The CONTRACTOR and the OWNER for themselves, their heirs, successors, executors, and administrators, hereby agree to the full performance of the covenants herein contained.

ARTICLE 10. LIQUIDATED DAMAGES. In the event the CONTRACTOR fails to complete the WORK within the time agreed upon in the Project Work Order, or within such additional time as may have been allowed by the OWNER, there will be deducted from any moneys due or that may become due the CONTRACTOR the sum of 2 percent of the Project Work Order Dollar Value 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 the CONTRACTOR as liquidated damages due the OWNER by reason of the inconvenience and added costs of administration, engineering and supervision resulting from the CONTRACTOR's default, and not as a penalty.

Permitting the CONTRACTOR 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 OWNER'S rights under the CONTRACT.

ARTICLE 11. 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.

The CONTRACTOR was selected for this contract in accordance with the State of Utah, Division of Purchasing Regulations for the Procurement of Construction and Professional Services.

DOGM (Minerals Program) Construction Terms and Conditions (revised 12/2/98)

End Attachment C

State of Utah Department of Natural Resources Division of Oil, Gas and Mining Oil and Gas Program

CERTIFICATE OF SUBSTANTIAL COMPLETION

PROJECT NAME: Pineridge Reclamation Program PROJECT WORK ORDER NO.: 2026-02

CONTRACT NO.: PO 560 600000000000002

The Work performed under the subject Contract and Project Work Order has been reviewed on this date and found to be substantially completed.

DEFINITION OF SUBSTANTIAL COMPLETION

The date of substantial completion of a project or specified area of a project is the date when the construction is sufficiently completed in accordance with the Contract Documents, as modified by any change orders agreed to by the parties, so that the Owner can occupy the project or specified area of the project for the use for which it was intended.

Items to be completed or corrected are listed below or are attached hereto, if applicable. The list has been prepared by the Division of Oil, Gas & Mining. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the Contractor to complete all the Work in accordance with the Contract Documents, including authorized changes thereof.

Exceptions OR Attached Pages:

__NONE________________________________________________________________________

Division of Oil, Gas & Mining

OWNER CONTRACT REPRESENTATIVE DATE

The CONTRACTOR will complete or correct the work on the list of items appended hereto within ___N/A_ days from the above date of issuance of this Certificate.

____________________________________ CONTRACTOR AUTHORIZED REPRESENTATIVE DATE

Procurement Documents FY 2025 This form used by permission of A.I.A. - DIVISION OF FACILITIES CONSTRUCTION AND MANAGEMENT State of Utah Department of Natural Resources Division of Oil, Gas and Mining Oil and Gas Program

CERTIFICATE OF FINAL ACCEPTANCE

PROJECT NAME: Pineridge Reclamation Program PROJECT WORK ORDER NO.: 2026-02 CONTRACT NO.: PO 560 6000000000000xx

The Work performed under the subject Contract has been reviewed on this date and found to be completed.

DEFINITION OF FINAL ACCEPTANCE

The date of final acceptance of a project is the date when the construction is completed in accordance with the Contract Documents, as modified by any change orders agreed to by the parties, so that the Owner can occupy the project for the use for which it was intended.

Items listed on the Certificate of Substantial Completion prepared by the Division of Oil, Gas & Mining, if applicable, have been completed or corrected and verified by the Owner as having been completed or corrected.

Division of Oil, Gas & Mining

OWNER INSPECTOR DATE

CONTRACT REPRESENTATIVE DATE

CONTRACTOR AUTHORIZED REPRESENTATIVE DATE

Procurement Documents FY 2026 The OWNER accepts the project as complete and will assume full possession of the project or specified area of the project at 5:00 P.M. on December 21, 2024.

State of Utah Department of Natural Resources Division of Oil, Gas and Mining Oil and Gas Program

PROJECT WORK ORDER FORM

PROJECT WORK ORDER FORM - RQS 560-2520000007

Vendor Name and Address:

PWO#: PWO- 2026-02

REQUIRED PROJECT COMPLETION DATE: June 30, 2027 Project Scope: See Attachments as Follows:

Attachment 1: Total Cost of $ per Bid # JH26-xx for Items:

Item Name

Location

Debris Pile

Lat: 41.39172168N Long:111.855942633W

Reseeding

Lat: 41.39172168N Long:111.855942633W

Weed Spraying

Lat: 41.39172168N Long:111.855942633W

Attachment 2: Scope of Work Attachment 3:

This PWO is agreed to as to form and content and shall comply with in accordance with the CONTRACT Documents for RQS 560-2520000007 and State Contract PO 560 2600000xxx by the following Authorized Representatives of the Contractor and Owner:

CONTRACTOR OWNER

Signature/Title/Date Signature/Title/Date

Signature/Title/Date Signature/Title/Date State of Utah Department of Natural Resources Division of Oil, Gas and Mining Oil and Gas Program Project Work Order Change Form

PROJECT WORK ORDER CHANGE FORM

RX 560-6200000000000xx Vendor Name and Address:

Original PWO#: PWO- 2026-02 PWO Change #:

Reason:

REQUIRED PROJECT COMPLETION DATE

Current Ending Date: _ June 30, 2027__ New Ending Date: _ __ Reason: None Requested

PROJECT BUDGET SUMMARY

Item Name

Current Budget Revised Budget Change Amount Reason

Debris Pile

Reseeding

Weed Spraying

Total:

This Project Work Order Change Form is agreed to as to form and content and all work described herein shall comply with the CONTRACT Documents for 560-620000000000002 and State Contract # xxxxxxx.

CONTRACTOR OWNER

_____________________________________ ________________________________________ Signature/Title/Date Signature/Title/Date

III. GENERAL CONDITIONS

GENERAL CONDITIONS

FOR

MINE RECLAMATION AND ABANDONMENT WORK

December 2003

CONTENTS

24. Application for Payments

25. OWNER’S Right to Withhold Certain Amounts and Make Application Thereof

41. Cutting, Patching and Digging

42. Cleaning Up

43. Laying Out WORK

44. Emergencies

45. Testing of Materials

46. Examination of Site

47. Storage and Care of Materials

48. Construction Risks

49. Temporary Appurtenances and Conveniences

50. Scaffolding, Tools, Etc.

51. Sanitary Provisions

52. Refuse

53. Removing Water and Crude Oil

54. Taxes

55. Citizens Preferred

56. Standard and Rule Requirements

57. Nondiscrimination – Equal Employment Opportunity

58. Safety

59. Rubbish Disposal

60. Subcontractors Financial Bid Limits and License Classification

61. Substantial Completion

62. Final Acceptance

63. Other Prohibited Interests

64. Conflicting Conditions

65. Project Progress Reporting

66. Suspension of WORK

67. Differing Site Conditions

68. Price Adjustment

69. Termination for Convenience of the OWNER

70. Liquidated Damages

71. Termination for Breach, Etc.

72. Normal Daylight Hours

73. Normal Working Days

74. Overtime Compensation

75. Clean Air and Water

76. Access to Records

77. Retention of Records

78. Debarment

79. Conflict of Interest

80. Separability

81. Authority General Conditions FY 2025

UTAH DIVISION OF OIL, GAS AND MINING

GENERAL CONDITIONS FOR

MINE RECLAMATION AND ABANDONMENT WORK

Definitions:

The CONTRACT documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the documents is to include all labor and materials, equipment, and transportation necessary for the proper and complete execution of the WORK, and equal in quality and workmanship to the highest standards. The CONTRACTOR is to abide by and comply with the true intent and meaning of all drawings and specifications taken as a whole and is not to avail himself to the detriment of the WORK, of any manifestly unintentional error or omission, should any exist. All minor details of WORK which are not shown on the plans, as well as such items as are not specifically mentioned in the specifications but are obviously necessary for the proper completion of the WORK, shall be considered as incidental and as being part of the WORK.

3. Copies Furnished:

Unless otherwise provided in the CONTRACT documents, the OWNER will furnish the CONTRACTOR, free of charge to the CONTRACTOR, copies of drawings and specifications, reasonably necessary for the execution of the WORK.

4. Dimensions:

Where no figures or memoranda are given, the drawings shall be accurately followed according to their scale, but figures or memoranda are to be preferred to the scale, in all cases of difference, and the larger scale details shall take preference over those of smaller scale.

5. Detail Drawings and Instructions:

The OWNER shall furnish, with reasonable promptness, additional instructions, by means of drawings or otherwise, necessary for the proper execution of the WORK. All such drawings and instructions shall be consistent with the CONTRACT documents, true developments thereof, and reasonably inferable therefrom. The WORK shall be executed in conformity with the drawings and instructions. Any WORK performed by the CONTRACTOR in advance of these drawings and instructions shall be entirely at the CONTRACTOR's risk.

6. Drawings and Specifications on the Work:

The CONTRACTOR shall keep at the jobsite one copy of all drawings and specifications on the WORK in good order, available to the OWNER and their representatives.

7. Ownership of Drawings:

All copies of drawings and specifications furnished the CONTRACTOR by the OWNER are the property of the OWNER. They are not to be used by the CONTRACTOR on other work, and are to be returned to the OWNER, upon request, at the completion of the WORK.

8. Shop Drawings/As Built Drawings:

The CONTRACTOR shall submit to the OWNER, with such promptness as to cause no delay in his/her WORK or in that of any other CONTRACTOR, six copies of all shop/as built drawings or setting drawings and schedules required for the WORK of the various trades and the OWNER shall pass upon them with reasonable promptness, making desired corrections. Said corrections shall pertain to conformance with the basic design concepts embodied in the CONTRACT documents. The CONTRACTOR shall make any corrections required by the OWNER. The OWNER shall distribute the corrected drawings as follows: Two drawings to the OWNER; three drawings back to the general CONTRACTOR; and one drawing to the project inspector (if one is assigned to the job). The OWNER's approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications, unless he/she has in writing called the OWNER's attention to such deviations at the time of submission, and has received the OWNER's written approval of such deviation; nor shall it relieve him/her from responsibility for errors of any sort in shop/as built drawings or schedules.

9. Samples:

The CONTRACTOR shall furnish to the OWNER for approval, all samples as directed. The WORK shall be in accordance with approved samples.

10. Materials, Appliances, Employees:

Unless otherwise stipulated, the CONTRACTOR shall provide and pay for all materials, tools, labor, water, equipment, light, power, transportation, and other facilities and/or services necessary for the execution and completion of the WORK. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of high quality. The CONTRACTOR shall, if requested by Owner or engineer, furnish satisfactory evidence as to the kind and quality of materials.

The CONTRACTOR shall at all times enforce strict discipline and order among his/her employees, and shall not employ on the WORK any unfit person or anyone not skilled in the work assigned to him/her.

11. Royalties and Patents:

The CONTRACTOR shall pay all royalties and license fees. He/she shall defend all suits or claims for infringement of any patent rights and shall save the OWNER harmless from loss on account thereof.

12. Surveys, Permits and Regulations:

The OWNER shall furnish surveys necessary to establish site boundaries and existing topography, if necessary. The OWNER shall provide those surveys if necessary for laying out the WORK.

The CONTRACTOR shall give all notices and comply with all applicable laws, ordinances, rules and regulations bearing on the conduct of the WORK as drawn and specified. If the CONTRACTOR observes that the drawings and specifications are at variance therewith, he/she shall promptly notify the OWNER in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the WORK. If the CONTRACTOR performs any work knowing it to be contrary to such laws, ordinances, rules and regulations and without such notice to the OWNER, he/she shall bear all costs arising therefrom.

Inasmuch as the WORK under this contract will be performed for the State of Utah, it will not be necessary to take out local building permits, electrical permits and plumbing permits, nor will it be necessary to pay fees for inspections pertaining thereto; however, it will be necessary to obtain a permit from the city, county, and or Department of Transportation having jurisdiction whenever the WORK involves their property. The CONTRACTOR shall cooperate as necessary with these jurisdictions to comply with all their requirements, which may include a bond and permit fee.

· Fees for connection to utilities such as water and power must be borne by the CONTRACTOR.

13. Protection of Work and Property:

The CONTRACTOR shall continuously maintain adequate protection of all his/her WORK from damage and shall protect the OWNER's property from injury or loss arising in connection with this CONTRACT. CONTRACTOR shall make good any such damage, injury, or loss, except such as may be directly due to errors in the CONTRACT documents or caused by agents or employees of the OWNER. CONTRACTOR shall adequately protect adjacent property as provided by law and the CONTRACT documents.

14. Work Safety The CONTRACTOR shall take all necessary precautions for the safety of employees on the WORK and shall comply with all applicable provisions of federal, state and municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the WORK is being performed. CONTRACTOR shall erect and properly maintain at all times, as required by the conditions and progress of the WORK, all necessary safeguards for the protection of workers and the public and shall post danger signs warning against hazardous conditions.

The CONTRACTOR shall specifically comply with the Utah Labor Commission Rule R-614-2 for the Drilling Industry.

15. Inspection of Work:

The OWNER and the representatives thereof and authorized federal government inspectors shall at all times have access to the WORK, and the CONTRACTOR shall provide proper facilities for such access and for inspection.

If the specifications or the OWNER requires any work to be specially tested or approved, the CONTRACTOR shall give the OWNER timely notice of its readiness for inspection. Inspections shall be promptly made and, where practicable, at the source of supply. If any WORK should be covered up without approval or consent of the OWNER, it must, if required by the OWNER, be uncovered for examination at the CONTRACTOR's expense.

16. Superintendence and Supervision:

The CONTRACTOR shall keep on the WORK, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the OWNER. The superintendent shall represent the CONTRACTOR in his/her absence, and all directions given to superintendent shall be as binding as if given to the CONTRACTOR.

The CONTRACTOR shall give efficient supervision to the WORK, using his/her best skill and attention. CONTRACTOR shall carefully study and compare all drawings, specifications and other instructions, and shall at once report to the OWNER any error, inconsistency, or omission which CONTRACTOR may discover, but shall not be held responsible for their existence or discovery.

Notice of Claim. If any action or omission on the part of the OWNER, requiring performance changes within the scope of the CONTRACT or a Project Work Order and which are not covered by other clauses of this CONTRACT, constitutes the basis for a claim by the CONTRACTOR for additional compensation, damages, or an extension of time for completion, the CONTRACTOR shall continue the performance of the CONTRACT in compliance with the directions or orders of the OWNER, but by so doing, the CONTRACTOR shall not be deemed to have prejudiced any claim for additional compensation, damages, or an extension of time for completion; provided:

If the OWNER deems it inexpedient to delete unnecessary WORK; or, correct WORK done not in accordance with the CONTRACT documents, an equitable deduction from the CONTRACT or Project Work Order price shall be made therefore.

20. Delays and Extension of Time:

If the CONTRACTOR is significantly delayed at any time in the progress of the WORK by any act or neglect of the OWNER, or of any employee of either, or by any separate CONTRACTOR employed by the OWNER, or by significant changes ordered in the WORK or by strikes, lockouts, fire, unavoidable casualties or any causes beyond the CONTRACTOR's control, or by any cause which the OWNER shall decide justifies the delay, then the time of completion shall be extended for such reasonable time as the OWNER may decide. No action shall lie against the OWNER for damages or other claims due to losses attributable to hindrances or delays from any cause whatsoever, including acts and omissions of the OWNER or its agents; however, the CONTRACTOR may receive an extension of time in which to complete the WORK under this CONTRACT as provided above. The right to apply for such an extension of time shall be the exclusive remedy available to the CONTRACTOR or any Subcontractor as against the OWNER for such loss.

Any request for extension of time shall be made to the OWNER in writing within seven (7) days from the time of occurrence of cause for delay. In case of a continuing cause of delay, only one claim is necessary.

21. Correction of WORK Before Final Payment:

The CONTRACTOR shall promptly remove from the premises all WORK condemned by the OWNER as failing to conform to the CONTRACT, whether incorporated or not, and the CONTRACTOR shall promptly replace and reexecute his/her own WORK in accordance with the CONTRACT and without expense to the State of Utah and shall bear the expense of making good all WORK of other CONTRACTORS destroyed or damaged by such removal or replacement.

If the CONTRACTOR does not remove such condemned WORK within a reasonable time, fixed by written notice, the OWNER may have the materials removed and stored at the expense of the CONTRACTOR.

22. Correction of WORK After Final Payment:

Neither the final certificate of payment nor any provision in the CONTRACT documents nor partial or entire occupancy of the premises by the OWNER shall constitute an acceptance of WORK not done in accordance with the CONTRACT documents or relieve the CONTRACTOR of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The CONTRACTOR shall remedy any defects in the WORK and pay for any damage to other WORK resulting therefrom which shall appear within a period of one year from the date of substantial completion of the WORK, unless a longer period is specified. The OWNER will give notice of observed defects with reasonable promptness.