Archaeological Heritage Surveys and corresponding Reports

SUMMIT COUNTY

REQUEST FOR PROPOSAL (RFP) NOTICE

Archaeological Heritage Surveys and Corresponding Reports

Introduction

Notice is hereby given that Summit County (the “County”), a body corporate and politic of the

State of Utah, is soliciting proposals from qualified firms to complete Archaeological Heritage

Surveys and corresponding Reports until 5:00 PM MST on September 30, 2025.

Project level surveys will take place on the Uinta-Wasatch-Cache National Forest, Heber-Kamas

Ranger District.

Proposals will be accepted only from firms or individuals that are free of all obligations and

interests that might conflict with the best interests of the County and have the capacity to provide

services in a timely manner. Respondents must address the needs and requirements stated in the

Scope of Work and Deliverables of this RFP and are advised to read this RFP in its entirety. Failure

to read and/or understand any portion of this RFP shall not be cause for waiver of any portion of

the RFP or subsequent agreement. The submitted qualifications and this RFP become a part of the

subsequent agreement.

Proposals will be evaluated and the successful Contractor (or more than one if the County so

chooses) will be determined and approved by representatives from the Summit County

Administration, Summit County Lands and Natural Resources Department, and the County

Manager. The County reserves the right to reject any or all qualification proposals, and to select

one or more Contractors and services that best meet the needs of the County.

Projected Schedule

(Dates are estimated and subject to change)

RFP is posted September 02, 2025

Last Day for Contractor Questions September 16, 2025, at 5:00 PM MST

RFP Proposals Due September 30, 2025, at 5:00 PM MST

Review and approval October 01, 2025

Award Notification October 02, 2025

Project Start Date Within 10 days of award notice

Submission Guidelines

Proposers are advised to read this RFP in its entirety. Failure to read and/or understand any portion

of this RFP shall not be cause for waiver of any portion of the RFP or subsequent agreement.

Proposals shall be submitted no later than 5:00 p.m. local time on September 30, 2025. All

responses to this RFP must be submitted through the state procurement system Bonfire. Only bids

received via Bonfire will be considered. https://vendor.bonfirehub.com/getStarted

All inquiries or questions relating to this RFP must be addressed to Clay Coleman,

For security reasons, you must enable JavaScript to view this E-mail address. , in the Summit County Procurement Office. All

communications regarding this RFP will be conducted through the query system in Bonfire. Phone

calls or in person visits are prohibited. Do not directly contact the County Department or other

County officers or employees.

The right is reserved by the County to reject any or all proposals, to waive any informality or

technicality or to accept proposals deemed in the best interest of the County. All proposals that

meet, exceed, or are comparable to minimum specifications will be accepted.

All proposals shall become the property of Summit County.

Response to this Request for Proposal is at the proposer’s sole risk and expense. The County

anticipates selecting one of the responding proposers, but there is no guarantee that any responding

proposer will be selected.

It is the County’s policy to encourage equal opportunity in its professional services and contracts.

The County endeavors to do business with proposers that share the County’s commitment to equal

opportunity and will not do business with any proposer that discriminates on the basis of race,

religion, color, ancestry, age, gender, sexual orientation, disability, medical condition, or place of

birth.

Summit County appreciates in advance the efforts that proposers will make on behalf of this project

and looks forward to participating with proposers in the selection process.

All questions, comments, and requests for information regarding this RFP shall be directed to

Bonfire where the RFP has been posted. Any additional information or answers to questions will

be posted to everyone. No other members of the County’s Selection Committee, County Staff,

or Elected Officials may be contacted regarding this RFP.

Selection Criteria

This is not a bid process. Proposals submitted in response to this RFP will be reviewed and ranked

by a Selection Committee. Selection will be based on qualifications and experience and the

selection criteria as described below. The first Contractor of choice will be asked to complete

negotiations on their proposed fee. If no agreement can be reached, which is mutually accepted

and agreed upon, then County will meet with the second Contractor of choice and so on, until a

final agreement has been negotiated and executed. The Contractor will be selected on the basis of

several factors, including but not limited to experience with similar projects, staff, qualifications,

project manager, approach to the project, and references. Negotiations will be initiated with the

highest-ranked Contractor.

Each RFP will be ranked based on the following criteria and weighted percentages:

40% Experience with Similar Projects

20% Familiarity with the Project Area and Landscape

20% Fee Schedule

20% Schedule/Timeline

Terms of Contract

Please review the attached contract information and submit any proposed changes to said contract,

Exhibit A. The County will require that the selected proposer be willing to negotiate, and to enter

into, a written agreement with the County to provide all services required within the scope of

services as submitted by the proposer in its proposal. The County Manager’s Office or designee,

working with the selected proposer, will negotiate the agreement. All provisions of the agreement

will be in compliance with State and Federal laws. Adequate and satisfactory insurance is also

required, including general liability, automobile, and workers’ compensation.

Intent of Request for Proposals

It is the intent of the Request for Proposal to generally set forth the minimum acceptable

requirements for the proposal to be submitted herein.

Term of Engagement

The County intends to contract for the services presented herein for a performance period of

October 02, 2025 to November 30, 2026 but may be extended for a term not to exceed three (3)

years or thirty-six (36) months, based upon need. The County reserves the right to extend the

term of the contract to complete pending projects or to cancel the contract at any time with 30

days’ written notice. The estimated implementation timeline is subject to change. The County

reserves the right to select one or more Contractors from submitted qualification proposals

alone.

Project Overview

The Contractor shall collect survey data for heritage resources to determine presence or absence

within the predefined Phases of the Upper Weber Project Area (“Project Area”) boundary. The

Contractor is required to submit a proposal for the Base Item and may also submit proposal

materials for Optional Items 1–4. The project is further described in the Scope of Work.

Period of Performance

October 02, 2025, to November 30, 2026.

Place of Performance

The Weber Watershed project area is in the Upper Weber River watershed in Summit County,

UT. See maps attached to RFP for details, Exhibit B.

Key Contacts

All communication shall go through Summit County PM

Summit County Contact & Project Manager (PM)

Name: Jessica Kirby, GISP

Title: Summit County Lands and Natural Resources Director

Phone: 435-602-0308

Email: For security reasons, you must enable JavaScript to view this E-mail address.

Forest Service Contact

Name: Daniel P. Jauregui

Title: Heber-Kamas District Ranger

Address: 2460 S. Hwy 40 Heber City, UT 84032

Phone: 435-315-5687

Email: For security reasons, you must enable JavaScript to view this E-mail address.

Scope of Work

Heritage Survey Requirements

This contract’s objective is to fulfill the National Historic Preservation Act (NHPA) Section 106

compliance following 36CFR Part 800 – Protection of Historic Properties. The Forest Service

will require the Contractor to conduct a cultural resources investigation including:

1. A cultural resource overview (Class I) and field investigation (Class III intensive

survey predominantly and Class II reconnaissance survey as appropriate) for the specified

project; and

2. Provide information on the distribution and character of cultural resources within

the specified area and assess their significance and eligibility to the National Register of

Historic Places (NRHP). From the information gathered, an assessment on how both the

proposed action, as well as no action, may pose adverse effects to historic properties.

Then appropriate recommendations on how to protect historic properties can be made to

reach a No Adverse Effect determination pursuant to 36CFR800.5(b).

The total acreage to-be-surveyed is: Approximately 11,200 acres for Upper Weber Project Area.

Detailed in the maps attached to the RFP, Exhibit B.

? Base Item: Phase 1: 1,484 acres

? Optional Item: Phase 2: 2,110 acres

? Optional Item: Phase 3: 2,257 acres

? Optional Item: Phase 4: 793 acres

? Optional Item: Phase 5: 1,576 acres

This acreage includes the project’s proposed treatments including, hand-cut-piling, lop and

scatter, machine-cut-pile, mastication.

The Contractor is responsible for all phases of the work and for the quality of deliverables. All

work shall be performed in accordance with the Secretary of the Interior's "Standards and

Guidelines for Archaeology and Historic Preservation" (Federal Register, Volume 48, Number

190, Thursday, September 29, 1983, page 44716). In addition to this document, the Contractor

must also reference USDA Forest Service Guidelines for Consultants which can be found here:

https://publiclands.utah.gov/wp-content/uploads/USFS-ConsultantsGuidanceUtah -

20200420Final.pdf and the Utah SHPO Cultural Resource Compliance Guidance which can be

found here:

https://drive.google.com/file/d/1TG1qtQCJ77NVwxFTDmQqFFb5Lvnokn8g/view .

The Contractor is responsible for acquiring all necessary permits and permissions for all lands

included in the inventory. A permit to conduct archaeological investigation is required through

the U.S. Forest Service and can be accessed here:

https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/fsm9_018623.pdf . The Contractor must

be able to demonstrate competence in project administration. Such demonstration may include

the following: 1) a record of successful completion of similar projects or the types of projects

with comparable scope and complexity; or 2) a record of responsibility at the Principal

Investigator (PI) level in the successful completion of similar projects.

Reports necessary for completing consultations with Tribes and State Historic Preservation

Officer will be prepared in coordination with Agency specialists. Agency personnel will

complete actual consultations.

Scope of Services

The Contractor will provide or contract for the necessary qualified personnel, materials,

equipment, and facilities to conduct a complete cultural resources investigation within areas

designated on federal lands within the Uinta-Wasatch-Cache National Forest. Topography under

30% slope will be subject to a 100% inventory using Class III intensive cultural resource survey

where transects are spaced at 15 meters, unless topographical hazards prevent intensive survey.

Based on pre-field file searches, and cultural resource expectations, topography above 30% slope

may be subject to Class II inventories in consultation with the Forest Archaeologist and may

include methods where transects that are greater than 15 meters, spot surveys of high-probability

areas, and visual inspection only. Those areas that receive only Class II inventory must be

documented as to why and what methods were used. A pre-field meeting with Summit County,

the Forest Service District Ranger, and the Forest Archaeologist will be required within 10

federal business days of the award. Milestone dates and deliverables will be negotiated between

the County, U.S. Forest Service and the selected Contractor. All work shall be performed in

accordance with the Secretary of the Interior's "Standards and Guidelines for Archaeology and

Historic Preservation" (Federal Register, Volume 48, Number 190, Thursday, September 29,

1983, page 44716).

Prefiled Work – Existing Data Review

The Contractor shall meet with Forest Service Archaeologists and/or representative virtually

before initiating fieldwork to:

? Review the undertaking and discussing the project objectives;

? Review Forest Service Heritage Resource Inventory information;

? Examine pertinent natural resource data, reports, maps, etc.

? Become acquainted with the natural and cultural features of the project area; and

? Discuss field plans and coordination with Forest Service personnel

Compliance with Section 106 requires that the heritage resource sites in the project area be

located and sufficient data retrieved to evaluate sites for eligibility to the National Register of

Historic Places (NRHP) to make a determination of effect. The specified Upper Weber Project

Areas will be subjected to a pedestrian survey. Since management decisions and directions for

future work are based on initial survey results, enough information must be obtained to make

informed decisions or determinations. Consequently, subsurface testing may be allowed in some

cases and must be done with approval from the Forest Archaeologist. The cases in which this

may be allowed is when additional information is needed with respect to artifact depth, site

boundaries, and deposit integrity.

The Contractor will be required to review information on all previously conducted projects

adjacent to and/or within 1/2 mile of the current project area. The Forest Service will provide this

information in electronic format. This will provide the Contractor with a good understanding of

the density and types of sites that may be found.

The Forest Service shall provide access to such information in its possession as it deems

pertinent to the project, including archaeological and historical inventory data, environmental

data and reports, aerial photos, maps, and other relevant information. This shall include the

availability of Forest Service personnel and resource specialists for technical consultation as

needed for the orderly and efficient development of the project.

Fieldwork Coordination

The Contractor shall coordinate field activities with Summit County, the Forest Archaeologist, and

the Forest Service District Ranger. Background studies and other activities will be coordinated

with the Forest Archaeologist. Summit County will act as the Project Manager and main point of

contact for questions and coordination.

Tasks and Technical Specifications

Task 1: Attend and Participate in Prework Meeting

Key personnel from the Contractor’s staff will participate in a prework meeting to be hosted by

Summit County upon notice of award. The date for the meeting will be agreed to by both parties

but will need to take place within 10 business days of the project award. Coordination of the

meeting will be the responsibility of the County and may be in person or virtual. If weather allows,

the meeting will consist of one eight-hour day, including time in the field to familiarize the

Contractor’s staff with the project area. The meeting will start at the Heber-Kamas Ranger District

Office at 50 East Center Street, Kamas, UT 84036. Also, at this meeting, such things as contract

terms, work performance requirements, work progress schedule, invoicing, ordering procedures,

and quality assurance shall be discussed.

Task 2: Project Plan

The Contractor shall prepare a detailed project plan that describes the scope of work to be

conducted under all subsequent phases. The project plan shall tie each phase and task to a

detailed schedule and shall be developed in accordance with:

? The information gained through the tasks described above.

? Reviews of the Forest Service Handbook and Forest Service Manual relating to similar

project planning and applicable directives.

? General reviews of appropriate appeals, litigation documents, and court decisions.

The Contractor shall develop and manage a detailed project work plan, including specific tasks,

and when they will be completed. Base Item Deliverables are due on June 30, 2026 and Optional

Item Deliverables are due on November 30, 2026 unless coordinated in advance with the agency.

Track and report progress weekly.

Task 3: Collect Resource Data (Heritage Surveys)

Uinta-Wasatch-Cache National Forest specialists will be the primary source of existing data and

information concerning the resources within the project area.

The Contractor is responsible for meeting the following objectives:

1. Collect all field data necessary that is not already available from the Forest Service

(FS).

2. Conduct inventories and surveys following FS policy, procedures, and standards.

3. Qualifications and experience of the person(s), companies, or corporations

collecting field data shall be jointly reviewed by Summit County, the Forest Service, and

Contractor and must be mutually agreed upon before beginning the work.

The Contractor is responsible for completing (or subcontracting) heritage surveys within the

project area.

For heritage surveys, the Forest Service will provide maps and locations of where to survey

(including known resources) and survey requirements. Maps will be attached to the RFP,

Exhibit B, and the Forest Service will provide background and known resource information

upon award.

The Contractor is responsible for writing succinct reports on survey findings for heritage.

Reports should be sufficient for consultation with the Utah State Historic Preservation Office

(SHPO).

Field Work – Survey Standards and Techniques

The survey standard is a Class III cultural resource inventory of the 100% of the Area of

Potential Effect (APE). For this project, areas above 30% slope may be excluded from 100%

intensive inventory. The Forest Archaeologist will work with the Contractor to identify select

areas above 30% slope that may require Class III intensive, or Class II reconnaissance

inventories based on pre-field file searches, and cultural resource probability.

The required Class III cultural resource inventory consists of pedestrian survey, walking parallel

transects no greater than 15 meters apart. It is possible that more narrow transects will be

necessary given ground cover and topography. The use of zig-zag transect paths is not permitted.

Transects should be compass oriented or GPS directed. Linear segments of the project area

should be surveyed by the number of people necessary to provide the required coverage. Under

direction of the Forest Archaeologist, flagging eligible sites for avoidance may be required. If so,

during the site recordation process each cultural resource site recommended as eligible within the

project area shall be marked on the ground by pink colored flagging and/or lathe for avoidance.

Flagging should be placed often enough that one can see the next flag in either direction and

placed on the "outside" side of trees, bushes, etc., to ensure equipment operators can easily see

site boundaries as they approach the site. Flagging should be used only to mark sites -flagging

may not be used to mark transects. Diagnostic artifacts shall not be collected. Neat and detailed

illustrations of diagnostic and non-diagnostic artifacts and items of lesser significance are

encouraged.

The contractor should expect to conduct in-field analysis of artifacts. Basic information to record

will include, at a minimum, artifact class, type, size, material, function, maker's marks, cultural

affiliation, and dates. Exceptional or rare artifacts may be collected and delivered to the Forest

Archaeologist upon completion of the final report. Each recorded cultural resource site shall be

evaluated for inclusion in the National Register of Historic Places (NRHP), as set forth in 36

CFR 60. Testing of sites is allowed on a case-by-case basis and only after permission from the

Forest Archaeologist has been received.

The Contractor shall make recommendations concerning site eligibility and include a written

justification, both on the Utah Archeological Site (UAS) form and in the project report. The

justification shall specify the specific criteria under which eligible sites are found to qualify.

Descriptions of the anticipated direct and indirect effects of the project shall also be discussed in

the project report. Final determinations of eligibility will be made by the agency in consultation

with the State Historic Preservation Officer (SHPO). These determinations shall lead to

determinations of effect from the proposed project and possibly, to the development of

appropriate mitigation measures.

Sites will be described by the following Forest Service site designation:

Eligible—Listed in or determined to be eligible to the NRHP making it a “historic property”

requiring protection.

Not Eligible—Not eligible for listing in the NRHP.

Unevaluated—Further research or testing is required.

Task 4: Reporting and Deliverables

Reports shall minimally meet State Historical/Archeological reporting guidelines for short report

and full report content. Letter reports do not meet the State Historical/Archeological guidelines

and will not be accepted for survey or testing projects conducted on National Forests in Utah

unit. A Forest Service Event ID (or FS Report Number) and Resource ID (or FS Site Number)

shall be obtained from the Forest Archaeologist and included on the report and site forms as a

reference number.

The final report, at a minimum, shall include the following information:

? Title and authors

? Abstract

? Introduction

? Location (Township, Range, Sections) and general description of project area

? Physical setting-vegetation, topography, elevation, geology

? Project staff, titles and dates of field work

? Survey methods

? Summary of previous inventories and previously recorded sites. This information may be

presented in a tabular format and must include federal or state project names and

numbers.

? Project findings shall include discussions of all cultural resources found within the

project area, with separate sections for sites and isolates. A table summarizing identified

sites with site numbers, site type and eligibility is acceptable. Pertinent photographs and

illustrations of sites, artifacts, and/or features should be included in these discussion

sections.

? Management information will be presented in a separate section and will include the

following:

o Recommendations of NRHP eligibility with justification. This information may

be presented in a tabular format.

o Potential impacts to sites by the proposed project

o Recommendations for protection measures against potential impacts

o References. Citations in the body of the report shall confirm to the American

Antiquity style.

? Maps required include the following:

o General location of the project area. Contractor's choice for scale on this map.

o Survey area and site location map; shall be United States Geological Survey

(USGS) 1:24,000 scale. Isolate location map; shall be USGS 1:24,000 scale.

? SHPO cover page

? UAS forms will be completed for each newly recorded cultural resource site.

o The final UAS forms, at a minimum, shall include the following: the forms

themselves, fully filled out with an encoding form (stapled either to the front or

back), a drafted detailed and scaled site plan map, at least two site overview

photographs as well as photographs of features and diagnostic artifacts, any

artifact illustrations properly labeled, and a USGS 1 :24,000 scale site plot that

shows only the reported site (i.e., not the project site map of all site locations).

Reports, site forms and all associated documentation will be submitted both in

hard copy and digital format on a thumb drive.

Key Personnel

The Contractor shall retain qualified key personnel, at minimum defined as Project Manager,

Archaeologist/Heritage PI, and Archaeological Technicians. All key personnel must be

professional archaeologists and meet the basic minimum qualifications described below. Key

personnel must have completed an academic year of graduate level education in anthropology

or archaeology, or an equivalent of training and experience.

Key personnel must have a minimum of 12 months’ professional experience and/or specialized

training in archaeological field work. This experience shall have included at least six months of

work in the Great Basin and Colorado Plateau cultural regions. Experience in the identification

of Great Basin and Colorado Plateau paleo groups and all periods of Archaic, Formative, Protohistoric

and Historic periods is required. Crew personnel should have at least 6 months of general

experience in the techniques, procedures and methods of archaeology, and at least half of that

experience in the Great Basin and Colorado Plateau. A BA/BS degree in archaeology or

anthropology is strongly advised.

Compliance & Safety Standards

All work shall be performed for Summit County in accordance with the contract, and all

applicable laws, policies, and regulations. Contractor will abide by terms and conditions in

accordance with the contract with the County, as well as additional terms and conditions,

compliance standards, and regulations described in the RFP for work on U.S. Forest Service

lands.

All work shall be performed in compliance with 29 CFR 1926, Safety and Health Regulations for

Construction and/or 29 CFR 1910, Safety and Health Regulation for General Industry, as

applicable. In addition, the Contractor is required to have a Hazard Identification and Control

mitigation analysis completed that identifies all safety hazards with abatement measures related

to all work being completed with regard to the contract.

The Contractor shall provide all services, materials, and supplies required for the performance

and completion of the project outlined herein except where otherwise specified.

Applicable Directives

The Contractor shall perform the specific tasks necessary for the support of Upper Weber Projects

in compliance with the requirements of the following applicable directives:

Executive Orders Responsibility

EO 12898 ( https://www.archives.gov/files/federalregister/

executive-orders/pdf/12898.pdf) Contractor (in DN&FONSI)

Professional Quality Controls

All laboratory, office, and fieldwork performed under this contract is to be in accordance with

standards prescribed by the 1906 Antiquities Act and the Archaeological Resources Protection

Act of 1979 with programming rules and regulations (36 CFR 296), and the Native American

Graves Protection and Repatriation Act.

Native American Graves Protection and Repatriation Act Notification

The Contractor shall provide strict compliance with all Native American Graves Protection and

Repatriation Act (NAGPRA). Discoveries. Although unlikely, if human remains or Native

American Graves Protection and Repatriation Act (NAGPRA) objects are discovered during

field work, the Contractor shall notify the Forest Archaeologist immediately, cease work in the

immediate area surrounding the human remains, objects or associated site and comply with

applicable provisions of NAGPRA. Work may continue in sites/areas not associated with the

location of the human remains, objects or associated site.

Deliverables and Time Schedule

Milestone dates, including delivery of draft and final reports, will be determined between

Summit County, the Forest Archaeologist, and the Contractor prior to contract solicitation and

will be formally stipulated in the Archaeological Investigations Permit. Milestone dates

and scheduling may be negotiated with the Contractor if necessary.

1. Within one week (7 days) of completion of fieldwork, a draft Geographic Information

Systems (GIS) Shapefile of all cultural resource sites identified will be submitted to the

Forest Archaeologist.

2. In addition, a table with site numbers, Universal Transverse Mercator locations and

eligibility recommendations will be submitted. The tabular information may be included

in the GIS data as attributes.

3. One printed copy of the report and a complete set of all UAS forms are required, unless

otherwise specified by the Forest Archaeologist. In addition to hard copies, an identical

digital version of all documentation is required.

a. Digital data will adhere to the standards outlined in the Utah State Historic

Preservation Office Archaeological Compliance Guidance.

Draft versions of the report and site forms may be submitted electronically for review via

electronic media or email. Site forms should not be bound as part of the report but should be

stapled with photographs and included separate from the report. Reports and site forms printed

double sided are acceptable. Cover pages should be stapled to the front of the report. Reports

smaller than 1 cm should not be bound. Please either secure with a binder clip or a heavy (but

removable) staple. Reports larger than 1cm thick should be bound. Quality of all report

photographs, illustrations, maps and other figures shall be equivalent to the original. Contractor

will prepare and organize ALL project materials for curation and collections, including originals

of field documentation (field site forms and maps, project field maps). Contractor will submit the

following items at project completion as per the schedule outlined below: collected artifacts, and

all reporting documentation (hard copy and digital) including completed UAS forms and site

maps, photographs, negatives and photo logs, and the final report.

Contractor may use the archaeological data resulting from this inventory for future research

purposes only under the following circumstances: Contractor agrees to provide an electronic

copy of any manuscripts, reports, and publications pertaining to the survey to the Forest

Archaeologist. Any manuscript prepared for possible publication will be submitted for review by

the Forest Archaeologist prior to publication. Site locations may not be disclosed. Any data

pertaining to the nature and location of archaeological resources on federal or state lands is

protected data and shall not be made publicly available under any circumstance without the

written consent of the appropriate federal official.

Deliverables are due as proposed in the table below; the schedule is based on the contract award

date, deliverable due dates, and contract end date, which will be finalized upon award notice..

Task

#

Task Description Due Date (Federal

business days, unless

otherwise noted)

1.0 Attend and Participate in Prework Meeting

Prework & Kickoff

1a Contractor reviews award documents; schedules kickoff

meeting

Within 5 days of award

1b Attend Prework Meeting with Summit County & USFS

(in-person or virtual; includes field orientation if weather

allows)

Within 10 federal business

days of award

1c Review contract terms, invoicing, expectations, and

deliverable schedule

At Prework Meeting

2.0 Project Plan

2a Draft detailed Project Plan (scope, schedule, staffing,

methods, compliance references)

Nov 14, 2025

2b Submit finalized Project Plan for approval (reflecting

kickoff input and FS/County guidance)

Nov 28, 2025

2c Provide weekly progress reports (status updates,

accomplishments, issues, upcoming tasks)

Weekly, beginning Dec 5,

2025

3.0 Data Collection (Heritage Surveys)

3a Conduct pre-field coordination with FS archaeologist

(data review, expectations, site access)

3b Mobilize field crews, begin Class III (and Class II where

appropriate) surveys

Spring 2026, weather

dependent

3c Conduct field surveys per standards

(transects ≤15m, artifact recording, site

flagging)

Ongoing until acreage

complete

3d Submit draft GIS shapefiles of all cultural resources

identified

Within 14 days of

completing fieldwork for

each phase

4.0 Reporting & Deliverables

4a Submit Draft Report(s) for Base Item surveys (includes

UAS forms, maps, artifact illustrations, photos,

eligibility recommendations)

June 15, 2026

4b Submit Final Report(s) and finalized UAS forms for

Base Item surveys

June 30, 2026

4c Submit Draft Reports for Optional Items (Phases 2–5) Nov 15, 2026

4d Submit Final Reports and finalized UAS forms for

Optional Items (Phases 2–5)

Nov 30, 2026

4e Deliver all final reports in hard copy + digital format

(thumb drive)

With final report

submission

4f Submit curated project materials (field forms, maps,

photos, negatives, logs, collected artifacts as approved)

With final report

submission

Format of Proposal

The County reserves the right to cancel award of this contract at any time before execution of the

contract by both parties if cancellation is deemed to be in the County’s best interest. In no event

shall Summit County have any liability for the cancellation of the award. The contractor

assumes the sole responsibility for all expenses connected with the preparation of this proposal.

1) INTRODUCTION TO FIRM

a) Provide a brief introduction to the qualifications and background of your firm.

b) List the individual or organization’s name(s), project name “Proposal for

Archaeological Heritage Surveys and corresponding Reports”, and contact information.

Additional information may include a web address or social media links.

c) State the name of the person authorized to represent the consultant and sign any

contract that may result. Include this person’s email address, mailing address, phone

number, and signature.

d) Include an introduction to the proposal including a summary of the consultant’s

understanding of the scope of the project and overall approach to delivering the desired

services.

2) PROJECT TEAM

a) Provide an organizational chart of all major participants of your firm’s proposed key

personnel. Include resumes only of those principals, project manager, and other primary

representatives who will be directly involved in the overall effort.

3) RELEVANT EXPERIENCE

a) Provide a list of 3-5 projects of the firm or individual’s relevant experience

conducting and completing Archaeological Heritage Surveys and corresponding Reports.

b) Provide name, telephone number, and project dates of five (3) references for whom

your firm completed Archaeological Heritage Surveys and corresponding Reports, to be

contacted as to your performance on similar projects.

4) PROPOSED APPROACH

a) Describe how your firm will approach the Scope of Work and how you would

schedule the different phases of the project. Include a discussion on how you will ensure

a final product/report that is customized and unique to Summit County and the USFS

rather than a boiler plate report copied from past projects. Discuss how you will work

with the County to ensure that the County’s needs and overall goals and objectives of the

project are adequately met. Include an introduction to the proposal including a summary

of the consultant’s understanding of the scope of the project and overall approach to

delivering the desired services.

5) SCHEDULE

a) Describe how your firm will adhere to the proposed deliverable schedule from

contract initiation to delivery and presentation of the final Archaeological Heritage

Surveys and corresponding Reports. Include dates for progress reports with County and

USFS staff.

7) FEE PROPOSAL

a) Describe your firm’s proposed fee and fee schedule for completing all the phases of

the Scope of Work.

Exhibit A

1 Revised 3/28/2023

ATTACHMENT A

SUMMIT COUNTY STANDARD TERMS AND CONDITIONS FOR SERVICES

This is for a contract for services (including professional services) meaning the furnishing of

labor, time, or effort by a contractor.

1. DEFINITIONS: The following terms shall have the meanings set forth below:

(a) “Confidential Information” means information that is deemed as confidential

under applicable state, and federal laws including personal information. The County

reserves the right to identify, during and after this Contract, additional reasonable types

of categories of information that must be kept confidential under county ordinances

and state and federal laws.

(b) “Contract” means the Contract Cover and Signature Page(s), including all

referenced attachments and documents incorporated by reference. The term

“Contract” may include any purchase orders that result from this Contract.

(c) “Contract Cover and Signature Page(s)” means the Summit County cover page(s)

and signature page that Summit County and Contractor sign.

(d) “Contractor” means the individual or entity delivering the Services identified in

this Contract. The term “Contractor” shall include Contractor’s agents, officers,

employees, and partners.

(e) “Custom Deliverable” means the Work Product that Contractor is required to

deliver to Summit County under this Contract.

(f) “Party or Parties” means Summit County and the Contractor.

(g) “Proposal” means Contractor’s response to Summit County’s Solicitation.

(h) “Records” means all books, records, documents, statements, reports, data,

information, and other material with respect to the matters covered, directly or

indirectly, by this Contract, including (but not limited to) that which is necessary to

sufficiently and properly reflect all direct and indirect costs related to the performance

of this Contract.

(i) “Services” means the furnishing of labor, time, or effort by Contractor pursuant

to this Contract. Services include, but are not limited to, all of the deliverable(s)

(including Custom Deliverable, supplies, equipment, or commodities) that result from

Contractor performing the Services pursuant to this Contract. Services include those

professional services identified in the Summit County Procurement Code.

(j) “Solicitation” means the documents used by Summit County to obtain

Contractor’s Proposal.

(k) “Summit County” means Summit County, Utah, a body corporate and politic of

the State of Utah.

(l) “Subcontractors” means subcontractors or subconsultants at any tier that are

under the direct or indirect control or responsibility of the Contractor, and includes all

independent contractors, agents, employees, authorized resellers, or anyone else for

whom the Contractor may be liable at any tier, including a person or entity that is, or

2 Revised 3/28/2023

will be, providing or performing an essential aspect of this Contract, including

Contractor’s manufacturers, distributors, and suppliers.

(m) “Work Product” means every invention, modification, discovery, design,

development, customization, configuration, improvement, process, software program,

work of authorship, documentation, formula, datum, technique, know how, secret, or

intellectual property right whatsoever or any interest therein (whether patentable or

not patentable or registerable under copyright or similar statutes or subject to

analogous protection) that is specifically made, conceived, discovered, or reduced to

practice by Contractor or Contract’s Subcontractors (either alone or with others)

pursuant to this Contract. Work Product shall be considered a work made for hire under

federal, state, and local laws; and all interest and title shall be transferred to and owned

by Summit County. Notwithstanding anything in the immediately preceding sentence to

the contrary, Work Product does not include any Summit County, Contractor’s

intellectual property (that it owned or licensed prior to this Contract) or Third-Party

intellectual property.

2. GOVERNING LAW AND VENUE: This Contract has been and shall be construed as having

been made and delivered within the State of Utah, and it is agreed by each Party hereto that

this Contract shall be governed by the laws, rules, and regulations of Summit County and the

State of Utah, both as to interpretation and performance. Any action of law, suit in equity or

judicial proceeding arising from this Contract shall be brought in a court of competent

jurisdiction in the State of Utah. Venue shall be in Summit County, the Silver Summit District

Court, Third Judicial District.

3. LAWS AND REGULATIONS: At all times during this Contract, Contractor and all procurement

Items delivered and/or performed under this Contract will comply with all applicable Summit

County, state and federal constitutions, laws, rules, ordinances, codes, orders, and regulations,

including applicable licensure and certification requirements. If this Contract is funded by

federal funds, either in whole or in part, then any federal regulation related to the federal

funding, including CFR Appendix II to Part 200, will supersede this Attachment A.

4. RECORDS ADMINISTRATION: Contractor shall maintain or supervise the maintenance of all

Records and shall maintain such accounting procedures and practices as may be necessary to

assure proper accounting of all funds paid pursuant to this Contract. These Records shall be

retained by Contractor for at least six (6) years after final payment, or until all audits initiated

within the six (6) years have been completed, whichever is later. Contractor shall, at such times

and in such form as the County may require, make available for examination by the County, its

authorized representatives, the State Auditor, Federal Auditors or other governmental officials

authorized by law to monitor this Contract, all such Records. The County may, at its discretion,

conduct an audit at its expense, using its own or outside auditors, of the Contractor’s activities,

which relate directly or indirectly to this Contract.

3 Revised 3/28/2023

5. CERTIFY REGISTRATION AND USE OF EMPLOYMENT “STATUS VERIFICATION SYSTEM”: The

Status Verification System, also referred to as “E-verify,” applies to contracts issued through a

request for proposal process and to sole source contracts.

(a) Contractor certifies as to its own entity, under penalty of perjury, that Contractor

has registered and is participating in the Status Verification System to verify the work

eligibility status of Contractor’s new employees that are employed in Summit County in

accordance with applicable immigration laws.

(b) Contractor shall require that each of its Subcontractors certify by affidavit, as to

their own entity, under penalty of perjury, that each Subcontractor has registered and is

participating in the Status Verification System to verify the work eligibility status of

Subcontractor’s new employees that are employed in Summit County in accordance

with applicable immigration laws.

(c) Contractor’s failure to comply with this section will be considered a material

breach of this Contract.

6. CONFLICT OF INTEREST: Contractor represents that none of its officers or employees are

officers or employees of Summit County, unless disclosure has been made to Summit County.

7. INDEPENDENT CONTRACTOR:

(a) Contractor and Subcontractor(s), in the performance of this Contract, shall act in

an independent capacity and not as officers or employees or agents of Summit County.

(b) No agent, employee, or representative of Contractor or Subcontractor(s) shall be

deemed to be an employee, agent, or representative of the County for any purpose, and

the employees of the Contractor and Subcontractor(s) are not entitled to any of the

benefits the County provides for its employees. The Contractor or Subcontractor(s) will

be solely and entirely responsible for their acts and for the acts of their agents,

employees, representatives during the performance of this Contract.

(c) In the performance of the services herein contemplated Contractor and

Subcontractor(s) are independent contractors with the authority to control and direct the

performance of the details of the work, however, the results of the work contemplated

herein must meet the approval of the County and shall be subject to the County’s general

rights of inspection and review to secure the satisfactory completion thereof.

8. INDEMNITY:

(a) Contractor shall be fully liable for the actions of its agents, employees, officers,

partners, and Subcontractors, and shall fully indemnify, defend, and save harmless

Summit County from all claims, losses, suits, actions, damages, and costs of every name

and description arising out of Contractor’s performance or failure to perform any aspect

of this Contract to the extent caused by any intentional wrongful act or omission, or

negligence of Contractor, its agents, employees, officers, partners, or Subcontractors,

without limitation; provided, however, that the Contractor shall not indemnify for that

portion of any claim, loss, or damage arising hereunder due to the sole intentional

wrongful act or omission, or negligence of Summit County. The Parties agree that if

there are any limitations of the Contractor’s liability, including a limitation of liability

4 Revised 3/28/2023

clause for anyone for whom the Contractor is responsible, such limitations of liability

will not apply to injuries to persons, including death, or to damages to property arising

out of this Contract.

(b) The Contractor and Subcontractor(s) expressly agree that the indemnification

provided herein constitutes the Contractor and Subcontractor(s) limited waiver of

immunity as an employer under Utah Code §34A-2-105, as amended; provided,

however, this waiver shall apply only to the extent an employee of the Contractor or

Subcontractor claims or recovers compensation from the County for a loss or injury that

Contractor or Subcontractor would be obligated to indemnify the County for under this

Contract. This limited waiver has been mutually negotiated by the Parties, and is

expressly made effective only for the purposes of this Contract. The provisions of this

section shall survive the expiration or termination of this Contract.

9. EMPLOYMENT PRACTICES: Contractor agrees to abide by the Summit County Code, Title 1,

Chapter 15B and federal and state employment laws, including: (a) Title VI and VII of the Civil

Rights Act of 1964 (42 U.S.C. 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; (b) Executive Order No. 11246, as amended, which prohibits

discrimination on the basis of sex; (c) 45 CFR 90, which prohibits discrimination on the basis of

age; and (d) Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act

of 1990, which prohibits discrimination on the basis of disabilities. Contractor further agrees to

abide by any other laws, regulations, or orders that prohibit the discrimination of any kind by

any of Contractor’s employees. If any assignment or subcontracting has been authorized by the

County, said assignment or subcontract shall include appropriate safeguards against

discrimination. Contractor shall take such action as may be required to ensure full compliance

with the provisions of this section.

10. AMENDMENTS: This Contract may only be amended by the mutual written agreement of

the Parties, which amendment will be attached to this Contract. Automatic renewals will not

apply to this Contract, even if listed elsewhere in this Contract.

11. DEBARMENT: Contractor certifies that it is not presently nor has ever been debarred,

suspended, or proposed for debarment by any governmental department or agency, whether

international, national, state, or local. Contractor must notify Summit County within thirty (30)

days if debarred, suspended, proposed for debarment, declared ineligible, or voluntarily

excluded from participation in any contract by any governmental entity during this Contract.

12. TERMINATION:

(a) This Contract may be terminated, with cause by either Party, in advance of the

specified termination date, upon written notice given by the non-defaulting Party to the

Party in violation (the “Default Notice”). The Party in violation will be given ten (10) days

after receipt of the Default Notice to cure the violation. In the event the Party in

violation fails to cure, the non-defaulting Party may terminate the Contract for cause by

sending the Party in violation a termination notice (the “Termination Notice”).

5 Revised 3/28/2023

(b) This Contract may also be terminated without cause (for convenience), in

advance of the specified termination date, by Summit County, upon thirty (30) days

written termination notice being given to the Contractor (the “Termination for

Convenience Notice”).

(c) Summit County and the Contractor may terminate this Contract, in whole or in

part, at any time, by mutual agreement in writing.

(d) On termination of this Contract, all accounts and payments will be processed

according to the financial arrangements set forth herein for approved Services ordered

prior to date of termination.

(e) Contractor shall be compensated for the Services properly performed under this

Contract up to the effective date of the Termination Notice or Termination for

Convenience Notice. Contractor agrees that in the event of a termination, the remedy

and monetary recovery from Summit County is limited to full payment for all Services

properly performed as authorized under this Contract up to the date of termination as

well as any reasonable monies owed as a result of Contractor having to terminate other

contracts necessarily and appropriately entered into by Contractor pursuant to this

Contract. In no event shall Summit County be liable to the Contractor for compensation

for any services neither requested by Summit County nor satisfactorily performed by the

Contractor. In no event shall Summit County’s exercise of its right to terminate this

Contract for convenience relieve the Contractor of any liability to Summit County for

any damages or claims arising under this Contract.

(f) If the Contractor or any of its Subcontractor(s) have any property in their

possession belonging to Summit County, the Contractor will account for the same, and

dispose of it in a manner directed by Summit County.

13. NONAPPROPRIATION OF FUNDS, REDUCTION OF FUNDS, OR CHANGES IN LAW:

(a) Summit County intends to request the appropriation of funds to be paid for the

services provided by Contractor under this Contract. If funds are not available beyond

December 31 of any effective fiscal year of this Contract, Summit County’s obligation for

performance of this Contract beyond that date shall be null and void. This Contract shall

create no obligation on Summit County as to succeeding fiscal years and shall terminate

and become null and void on the last day of the fiscal year for which funds were budgeted

and appropriated, except as to those portions of payments agreed upon for which funds

were appropriated and budgeted. Said termination shall not be construed as a breach of

this Contract or any event of default under this Contract and said termination shall be

without penalty, whatsoever, and no right of action for damages or other relief shall

accrue to the benefit of Contractor, its successors, or its assigns, as to this Contract, or

any portion thereof, which may terminate and become null and void.

(b) If funds are not appropriated for a succeeding fiscal year to fund performance by

Contractor under this Contract, Summit County shall promptly notify Contractor of said

non-funding and the termination of this Contract, and in no event, later than 30 (thirty)

days prior to the expiration of the fiscal year for which funds were appropriated.

(c) Upon thirty (30) days written notice delivered to the Contractor, this Contract

may be terminated in whole or in part at the sole discretion of Summit County, if

6 Revised 3/28/2023

Summit County reasonably determines that a change in the Summit County Code,

Federal or State legislation or applicable laws materially affects the ability of either Party

to perform under the terms of this Contract.

(d) If a written notice is delivered under this section, Summit County will reimburse

Contractor for the Services properly ordered until the effective date of said notice.

Summit County will not be liable for any performance, commitments, penalties, or

liquidated damages that accrue after the effective date of said written notice.

14. MODIFICATIONS TO TASKS: All work proposed by Contractor is based on current

government ordinances and fees in effect as of the date of this Contract. Any changes to

current government ordinances and fees which affect the scope or cost of the services

proposed may be billed as an “extra costs” or deleted from the scope, at the option of Summit

County.

15. SUSPENSION OF WORK: Should circumstances arise which would cause Summit County to

suspend Contractor’s responsibilities under this Contract, but not terminate this Contract, this

will be done by written notice. Contractor’s responsibilities may be reinstated upon advance

formal written notice from Summit County.

16. SALES TAX EXEMPTION: The Services under this Contract will be paid for from Summit

County’s funds and used in the exercise of Summit County’s essential functions as a political

subdivision of the State of Utah. Upon request, Summit County will provide Contractor with its

sales tax exemption number. It is Contractor’s responsibility to request Summit County’s sales

tax exemption number. It is also Contractor’s responsibility to ascertain whether any tax

deduction or benefits apply to any aspect of this Contract.

17. CONTRACTOR’S INSURANCE RESPONSIBILITY: The Contractor shall maintain the following

insurance coverage:

(a) Workers’ compensation insurance during the term of this Contract for all its

employees and any Subcontractor employees related to this Contract, at the following

minimum: Bodily Injury by Accident Five Hundred Thousand Dollars ($500,000.00) each

accident; Bodily Injury by Disease Five Hundred Thousand Dollars ($500,000.00) each

employee, Five Hundred Thousand Dollar ($500,000.00) policy limit.

(b) Commercial general liability [CGL] insurance from an insurance company

authorized to do business in the State of Utah. The limits of the CGL insurance policy will

be no less than One Million Dollars ($1,000,000.00) per person per occurrence and

Three Million Dollars ($3,000,000.00) aggregate. Contractor agrees to increase the

limits of such insurance to at least the amount of the Limitation of Judgments described

in Utah Code §63G-7-604, as amended and as calculated by the state risk manager every

two years and stated in Utah Admin. Code R37-4-3.

(c) Commercial automobile liability [CAL] insurance from an insurance company

authorized to do business in the State of Utah. The CAL insurance policy must cover

bodily injury and property damage liability and be applicable to all vehicles used in your

performance of Services under this Contract, whether owned, non-owned, leased, or

7 Revised 3/28/2023

hired. The minimum liability limit must be Two Million Dollars ($2,000,000.00) per

occurrence, combined single limit. The CAL insurance policy is required if Contractor will

use a vehicle in the performance of this Contract.

(d) Professional liability (Errors and Omissions) insurance with annual limits no less

than One Million Dollars ($1,000,000.00) per occurrence. If written on a claims-made

basis, the Contractor warrants that the retroactive date applicable to coverage precedes

the effective date of this Contract; and that continuous coverage will be maintained for

an extended reporting period and tail coverage will be purchased for a period of at least

three (3) years beginning from the time that work under this Contract is complete.

(e) Technology Errors and Omissions Insurance with a limit of not less than Five

Million Dollars ($5,000,000.00) for damages arising from computer related services

including but not limited to the following:

• Consulting;

• Data Processing;

• Programming;

• System Integration;

• Hardware or Software Development;

• Installation;

• Distribution or Maintenance;

• Systems Analysis or Design;

• Training; and

• Staffing or Other Support Services.

This policy shall include coverage for third Party fidelity, including cyber theft.

(f) Summit County shall be named as an additional insured on all insurance policies

set forth in this section, with respect to work performed by or on behalf of Contractor

and a copy of the endorsement naming Summit County as an additional insured shall be

attached to the Certificate of Insurance. Should any of the above-described policies be

cancelled before the expiration date thereof, Contractor shall deliver notice to Summit

County within thirty (30) days of cancellation. Summit County reserves the right to

request certified copies of any required policies. The additional insured protection

afforded Summit County must be on a primary and non-contributory basis. All policies

must include a waiver of subrogation in favor of Summit County.

(g) Contractor’s insurance policies set forth herein shall contain a clause stating that

coverage shall apply separately to each insured against whom claim is made or suit is

brought, except with respect to the limits of the insurer’s liability.

(h) Certificates of Insurance, showing up-to-date coverage, shall be on file with

Summit County before the Contract may commence.

(i) Summit County reserves the right to require higher or lower insurance limits

where warranted. Failure to provide proof of insurance as required will be deemed a

material breach of this Contract. Contractor’s failure to maintain this insurance

requirement for the term of this Contract will be grounds for immediate termination of

this Contract.

8 Revised 3/28/2023

18. PUBLIC INFORMATION: Contractor agrees that this Contract, related purchase orders,

related pricing documents, and invoices will be public documents and may be available for

public and private distribution in accordance with the State of Utah Government Records

Access and Management Act (GRAMA), Utah Code Title 63G, Chapter 2, as amended.

Contractor gives Summit County express permission to make copies of this Contract, related

sales orders, related pricing documents, and invoices in accordance with GRAMA. Except for

sections identified in writing by Contractor and expressly approved by Summit County,

Contractor also agrees that the Contractor’s Proposal to the Solicitation will be a public

document, and copies may be given to the public as permitted under GRAMA. Summit County

is not obligated to inform Contractor of any GRAMA requests for disclosure of this Contract,

related purchase orders, related pricing documents, or invoices.

19. DELIVERY: All deliveries under this Contract will be F.O.B. destination with all transportation

and handling charges paid for by Contractor. Responsibility and liability for loss or damage will

remain with Contractor until final inspection and acceptance when responsibility will pass to

Summit County, except as to latent defects or fraud. Contractor shall strictly adhere to the

delivery and completion schedules specified in this Contract.

20. ACCEPTANCE AND REJECTION:

(a) Summit County shall have thirty (30) days after the performance of the Services

to perform an inspection of the Services to determine whether the Services conform to

the standards specified in the Solicitation and this Contract prior to acceptance of the

Services by Summit County.

(b) If Contractor delivers nonconforming Services, Summit County may, at its option

and at Contactor’s expense: (i) return the Services for a full refund; (ii) require

Contractor to promptly correct or reperform the nonconforming Services subject to the

terms of this Contract; or (iii) obtain replacement Services from another source, subject

to Contractor being responsible for any cover costs.

21. INVOICING: Contractor will submit invoices within thirty (30) days of Contractor’s

performance of the Services to Summit County. The Contract number shall be listed on all

invoices, freight tickets, and correspondence relating to this Contract. The prices paid by

Summit County will be those prices listed in this Contract, unless Contractor offers a prompt

payment discount within its Proposal or on its invoice. Summit County has the right to adjust or

return any invoice reflecting incorrect pricing.

22. PAYMENT: Payments are to be made within thirty (30) days after a correct invoice is

received. All payments to Contractor will be remitted by mail, electronic funds transfer, or

Summit County Purchasing Card (major credit card). If payment has not been made after sixty

(60) days from the date a correct invoice is received by Summit County, then interest may be

added by Contractor as prescribed in the Utah Prompt Payment Act. The acceptance by

Contractor of final payment, without a written protest filed with Summit County within ten (10)

business days of receipt of final payment, shall release Summit County from all claims and

liability to the Contractor. Summit County’s payment for the Services shall not be deemed an

9 Revised 3/28/2023

acceptance of the Services and is without prejudice to any and all claims that Summit County

may have against Contractor. Summit County will not allow the Contractor to charge end users

electronic payment fees of any kind.

23. TIME IS OF THE ESSENCE: The Services shall be completed by any applicable deadline stated

in this Contract. For all Services, time is of the essence. Contractor shall be liable for all

reasonable damages to Summit County, and anyone for whom Summit County may be liable as

a result of Contractor’s failure to timely perform the Services required under this Contract.

24. CHANGES IN SCOPE: Any changes in the scope of the Services to be performed under this

Contract shall be in the form of a written amendment to this Contract, mutually agreed to and

signed by both Parties, specifying any such changes, fee adjustments, any adjustment in time of

performance, or any other significant factors arising from the changes in the scope of Services.

25. PERFORMANCE EVALUATION: Summit County may conduct a performance evaluation of

Contractor’s Services, including Contractor’s Subcontractors. Results of any evaluation may be

made available to Contractor upon request.

26. STANDARD OF CARE AND WARRANTIES: The Services of Contractor and its Subcontractors

shall be performed in accordance with the standard of care exercised by licensed members of

their respective professions having substantial experience providing similar services which

similarities include the type, magnitude, and complexity of the Services that are the subject of

this Contract. Contractor shall be liable to Summit County for claims, liabilities, additional

burdens, penalties, damages, or third-party claims (e.g., another Contractor’s claim against

Summit County) by wrongful acts, errors, or omissions that do not meet this standard of care.

27. REVIEWS: Summit County reserves the right to perform plan checks, plan reviews, other

reviews, and/or comment upon the Services of Contractor. Such reviews do not waive the

requirement of Contractor to meet all of the terms and conditions of this Contract.

28. ASSIGNMENT: Contractor may not assign, sell, transfer, subcontract or sublet rights, or

delegate any right or obligation under this Contract, in whole or in part, without the prior

written approval of Summit County. It is further agreed that said approval must be sought in

writing by the Contractor not less than thirty (30) days prior to the date of any proposed

assignment or subcontract. Any assignment or subcontract made without the prior express

written approval of Summit County shall be deemed null and void.

29. REMEDIES: Any of the following events will constitute cause for Summit County to declare

Contractor in default of this Contract: (a) Contractor’s non-performance of its contractual

requirements and obligations under this Contract; or (b) Contractor’s material breach of any

term or condition of this Contract. Summit County may issue a Default Notice providing a ten

(10) day period in which Contractor will have an opportunity to cure. Time allowed for cure will

not diminish or eliminate Contractor's liability for damages. If the default remains after

Contractor has been provided the opportunity to cure, Summit County may do one or more of

1 0 Revised 3/28/2023

the following: (i) exercise any remedy provided by law or equity; (ii) terminate this Contract by

giving a Termination Notice; (iii) impose liquidated damages, if liquidated damages are listed in

this Contract; (iv) debar/suspend Contractor from receiving future contracts from Summit

County; or (v) demand a full refund of any payment that Summit County has made to

Contractor under this Contract for Services that do not conform to this Contract.

30. FORCE MAJEURE: Neither Party to this Contract will be held responsible for delay or default

caused by fire, riot, act of God, and/or war which is beyond that Party's reasonable control.

Summit County may terminate this Contract after determining such delay will prevent

successful performance of this Contract.

31. CONFIDENTIALITY:

(a) If Confidential Information is disclosed to Contractor, Contractor shall: (i) advise

its agents, officers, employees, partners, and Subcontractors of the obligations set forth

in this Contract; (ii) keep all Confidential Information strictly confidential; and (iii) not

disclose any Confidential Information received by it to any third parties. Contractor will

promptly notify Summit County of any potential or actual misuse or misappropriation of

Confidential Information.

(b) Contractor shall be responsible for any breach of this duty of confidentiality,

including any required remedies and/or notifications under applicable law. Contractor

shall indemnify, hold harmless, and defend Summit County, including anyone for whom

Summit County is liable, from claims related to a breach of this duty of confidentiality,

including any notification requirements, by Contractor or anyone for whom the

Contractor is liable.

(c) Upon termination or expiration of this Contract, Contractor will return all copies

of Confidential Information to Summit County or certify, in writing, that the Confidential

Information has been destroyed. This duty of confidentiality shall be ongoing and

survive the termination or expiration of this Contract.

32. PUBLICITY: Contractor shall submit to Summit County for written approval all advertising

and publicity matters relating to this Contract. It is within Summit County’s sole discretion

whether to provide approval, which must be done in writing.

33. INDEMNIFICATION RELATING TO INTELLECTUAL PROPERTY: Contractor will indemnify and

hold Summit County harmless from and against any and all damages, expenses (including

reasonable attorneys' fees), claims, judgments, liabilities, and costs in any action or claim

brought against Summit County for infringement of a third party’s copyright, trademark, trade

secret, or other proprietary right. The Parties agree that if there are any limitations of

Contractor’s liability, such limitations of liability will not apply to this section.

34. OWNERSHIP IN CUSTOM DELIVERABLES: In the event that Contractor provides Custom

Deliverables to Summit County, pursuant to this Contract, Contractor grants the ownership in

Custom Deliverables, which have been developed and delivered by Contractor exclusively for

Summit County and are specifically within the framework of fulfilling Contractor’s contractual

1 1 Revised 3/28/2023

obligations under this Contract. Custom Deliverables shall be deemed work made for hire, such

that all intellectual property rights, title and interest in the Custom Deliverables shall pass to

Summit County, to the extent that the Custom Deliverables are not recognized as work made

for hire, Contractor hereby assigns to Summit County any and all copyrights in and to the

Custom Deliverables, subject to the following:

(a) Contractor has received payment for the Custom Deliverables;

(b) Each Party will retain all rights to patents, utility models, mask works, copyrights,

trademarks, trade secrets, and any other form of protection afforded by laws to

inventions models, designs and technical information, and applications (“Intellectual

Property Rights”) that it owned or controlled prior to the effective date of this Contract

or that it develops or acquires from activities independent of the Services performed

under this Contract (“Background IP”); and

(c) Contractor will retain all right, title, and interest in and to all Intellectual Property

Rights in or related to the Services, or tangible components thereof, including but not

limited to (i) all know-how, intellectual property, methodologies, processes,

technologies, algorithms, software, or development tools used in performing the

Services (collectively, the “Utilities”), and (ii) such ideas, concepts, know-how, processes

and reusable reports, designs, charts, plans, specifications, documentation, forms,

templates, or output which are supplied or otherwise used by or on behalf of Contractor

in the course of performing the Services or creating the Custom Deliverables, other than

portions that specifically incorporate proprietary or Confidential Information or Custom

Deliverables of Summit County (collectively, the “Residual IP”).

Custom Deliverables, not including Contractor’s Intellectual Property Rights, Background IP, and

Residual IP, may not be marketed or distributed without written approval by Summit County.

Contractor agrees to grant to Summit County a perpetual, irrevocable, royalty-free license to

use Contractor’s Background IP, Utilities, and Residual IP, as defined above, solely for Summit

County to use the Custom Deliverables. Summit County reserves a royalty-free, nonexclusive,

and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use,

for Summit County’s internal purposes, such Custom Deliverables. For the goods delivered that

consist of Contractor’s scripts and code and are not considered Custom Deliverables or Work

Product, for any reason whatsoever, Contractor grants Summit County a non-exclusive, nontransferable,

irrevocable, perpetual right to use, copy, and create derivative works from such,

without the right to sublicense, for Summit County’s internal business operation under this

Contract. Summit County may not participate in the transfer or sale of, create derivative works

from, or in any way exploit Contractor’s Intellectual Property Rights, in whole or in part.

35. OWNERSHIP IN INTELLECTUAL PROPERTY: Summit County and Contractor agree that each

has no right, title, interest, proprietary or otherwise in the intellectual property owned or

licensed by the other, unless otherwise agreed upon by the Parties in writing. All deliverables,

documents, records, programs, data, articles, memoranda, and other materials not developed

or licensed by Contractor prior to the execution of this Contract, but specifically created or

manufactured under this Contract shall be considered work made for hire, and Contractor shall

transfer any ownership claim to Summit County.

1 2 Revised 3/28/2023

36. WAIVER: No failure of the Parties to exercise any power given to it under this Contract, or

to insist upon strict compliance by the other Party with any obligation, responsibility, or

condition under it, and no custom or practice of the Parties at variance with its terms shall

constitute a waiver of that Party's right to demand exact compliance with those terms upon any

subsequent default. No waiver shall be effective unless it is in writing and signed by an

authorized representative of the waiving Party.

37. PROCUREMENT ETHICS:

(a) Contractor understands that a person who is interested in any way in the sale of

any supplies, services, construction, or insurance to Summit County is violating the law if

the person gives or offers to give any compensation, gratuity, contribution, loan,

reward, or any promise thereof to any person acting as a procurement officer on behalf

of Summit County, or to any person in any official capacity who 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.

(b) Contractor represents that it has not: (i) provided an illegal gift to any Summit

County officer or employee, or former Summit County officer or employee, or to any

relative or business entity of a Summit County officer or employee, or relative or

business entity of a former Summit County officer or employee; (ii) retained any person

to solicit or secure this Contract upon an agreement or understanding for a commission,

percentage, brokerage or contingent fee, other than bona fide employees of bona fide

commercial agencies established for the purpose of securing business; (iii) breached any

of the ethical standards set forth in State statute; or (iv) knowingly influenced, and

hereby promises that it will not knowingly influence, any County officer or employee or

former Summit County officer or employee to breach any of the ethical standards set

forth in State statute or Summit County ordinances.

(c) None of the funds, materials, property or services provided directly or indirectly

under the Contract shall be used for any partisan political activity, or to further the

election or defeat of any candidate for public office.

38. MISCELLANEOUS PROVISIONS: Summit County shall make provision for access to the

property and/or project and adjacent properties, if necessary for performing the agreed upon

services.

39. DISPUTE RESOLUTION: Prior to either Party filing a judicial proceeding, the Parties agree to

participate in the mediation of any dispute. Summit County, after consultation with the

Contractor, may appoint an expert or panel of experts to assist in the resolution of a dispute. If

Summit County appoints such an expert or panel, Summit County and Contractor agree to

cooperate in good faith in providing information and documents to the expert or panel in an

effort to resolve the dispute.

40. GOVERNMENTAL IMMUNITY: Summit County is a body corporate and politic of the State

of Utah, subject to the Governmental Immunity Act of Utah (the “Act”), Utah Code §§ 63G-7-

101, et. seq., as amended. The Parties agree that Summit County shall only be liable within the

1 3 Revised 3/28/2023

parameters of the Governmental Immunity Act. Nothing contained in this Contract shall be

construed in any way, to modify the limits of liability set forth in that Act or the basis for liability

as established in the Act.

41. NOTICE TO RETIREES OF UTAH RETIREMENT SYSTEMS (URS): Summit County is a URS

“participating employer.” Entering into this Contract with Summit County may affect a URS

retiree’s retirement benefits including, but not limited to, cancellation of the retiree’s

“retirement allowance” due to “reemployment” with a “participating employer” pursuant to

Utah Code § 49-11-504-505, as amended. In addition, Contractor is required to immediately

notify Summit County if a retiree of URS is the Contractor; or an owner, operator, or principal of

the Contractor.

42. INTERPRETATION; NOTICES:

(a) The terms of this Contract constitute the written expression of the mutual

agreement of the Parties and shall be construed neutrally and not for or against either

Party.

(b) Notice provided for in this Contract shall be sent by certified mail return receipt

requested to the addresses designated for the Parties on the Contract Cover and

Signature page(s). Notice is effective upon the date it was sent, except that a Termination

Notice is effective upon receipt.

(c) All reference to “days” in this Contract shall mean calendar days.

43. CONTRACTOR EMPLOYEES: Summit County may, at its sole discretion, require the

Contractor to remove an employee(s), agent(s), or representative(s) from employment on the

Work Product. The Contractor may, however, employ that (those) individual(s) on other non-

County related projects.

44. NO THIRD-PARTY BENEFICIARIES: No term or provision of this Contract or the attachments

hereto is intended to be, nor shall any such term or provision be construed to be, for the benefit

of any person, firm, corporation, or other entity not a party hereto, and no such other person,

firm, corporation, or entity shall have any right or cause of action hereunder.

45. SUCCESSORS AND ASSIGNS: This Contract shall inure to the benefit of, and will be binding

upon, the Parties hereto and their respective successors and assigns.

46. ORDER OF PRECEDENCE: In the event of any conflict in the terms and conditions in this

Contract, the order of precedence shall be: (a) this Attachment A; (b) Contract Cover and

Signature page(s); (c) Summit County’s additional terms and conditions, if any; (d) any other

attachments listed on the Contract Cover and Signature Page(s); and (e) Contractor’s terms and

conditions that are attached to this Contract, if any. Any provision attempting to limit the

liability of Contractor or limit the rights of Summit County must be in writing and attached to

this Contract or it is rendered null and void.

1 4 Revised 3/28/2023

47. SURVIVAL OF TERMS: Termination or expiration of this Contract shall not extinguish or

prejudice Summit County’s right to enforce this Contract with respect to any default or defect

in the Services that has not been cured.

48. SEVERABILITY:

(a) If, for any reason, any part, term, or provision of this Contract is held by a court

of the United States to be illegal, void or unenforceable, the validity of the remaining

provisions shall not be affected, and the rights and obligations of the Parties shall be

construed and enforced as if this Contract did not contain the particular provision held

to be invalid.

(b) If it should appear that any provision hereof is in conflict with any statutory

provision of the State of Utah, said provision which may conflict therewith shall be

deemed inoperative and null and void insofar as it may be in conflict therewith, and shall

be deemed modified to conform in such statutory provisions.

49. ENTIRE AGREEMENT: This Contract constitutes the entire agreement between the Parties

and supersedes any and all other prior and contemporaneous agreements and understandings

between the Parties, whether oral or written.

50. ECONOMIC BOYCOTT: Contractor shall not engage in economic boycott activities for

purposes that are solely related to furthering social, political or ideological interests as set forth

in Utah Code §63G-27-201, or successor law (“Economic Boycott”). Further, if after entering

into a Contract with the County, Contractor engages in an Economic Boycott, Contractor shall

immediately notify the County in writing of such. The Contractor’s notice may be grounds for

termination of this Contract as the sole discretion of the County.

Exhibit B

Rasmussin C ree k

S ee p C r eek

213

Ball Park

Oakley

iver

C r o ok ed Cr e e k

32

7000 ft

7898 ft

W ebe r R i ver

S o u t h Fo r k Pu l l e m Cr e e k

Hi dde n

L ak e

213

7000 ft

9000

ft

9378 ft

10236 ft

Swifts Ca nyo n

N i x C r e e k

9000 Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User

Community

Esri, CGIAR, USGS,

Sources: Esri,

TomTom, Garmin,

¯ 0 40 80 120 160 20

Miles

Upper Weber Watershed Project

Archaeology Survey Base Item

UWWP Base Item (1484

Acres)

Upper Weber Watershed

Project Boundary

8000 ft

Oakley

iver

Beav e r C N State Road 32

F i s h

C r eek

8000 ft

9376 ft

10025 ft

W eb er Ri ver

S o u th Fo rk Pu l lem C re ek

P e r due C r eek

N e il C r ee

k

Red Pi n e Cr e ek

10000

ft

10616 ft

H o yt C any o n

Bo x C a nyon

10000 ft

10000 ft

H u mpy Bo y e r

L ak e

8000 ft

10858 ft

Web e r R i ver

L arrab ee Creek

Re d Cre ek

E as t For k

Gardne r s

F o r k

A b e s

L ak e M A dax

L ak e

A nc ho r

L ak e

11343 ft

Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User

Community

Sources: Esri,

TomTom, Garmin,

FAO, NOAA, USGS,

¯ 0 40 80 120 160 20

Miles

Upper Weber Watershed Project

Archaeology Survey Base & Option

Items

UWWP Base Item (1,484

Acres)

UWWP Option Item 1

(2,110 Acres)

UWWP Option Item 2

(2,257 Acres)

UWWP Option Item 3 (793

Acres)

UWWP Option Item 4

(1,576 Acres)

Upper Weber Watershed

Project Boundary