1-RFP 2550 South Ph1 CM.pdf

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Attached to
Construction Management Services - Phase 1, 2550 South Reconstruction
Solicitation number
26-166
Issued by
Weber County, Utah

About this file

This is a Request for Proposals (RFP) issued by Weber County, Utah, seeking qualified consulting engineering and construction management firms to provide construction management services for the 2550 South Reconstruction Project located in western unincorporated Weber County along the existing 2550 South roadway corridor between 4300 West and 3500 West. The project encompasses piping of existing drainage ditches, coordination with Hooper Irrigation, Taylor West Weber Water, and Warren Irrigation regarding water lines and canal crossing modifications, and complete roadway reconstruction. The scope includes designing and implementing new storm drain lines to accommodate existing drainage connections while managing complex right-of-way acquisition and major utility relocation and coordination efforts. The RFP document provides detailed specifications and requirements for submission, with key dates and submission instructions contained within the complete RFP documentation filed with the advertisement.

The RFP establishes the framework for consultant selection based on qualifications, experience, and proposed methodology for managing this complex infrastructure project involving significant public interface and utility coordination challenges. Pricing terms, evaluation criteria, contract duration, and specific submission requirements are detailed in the complete RFP document. Weber County will select the most qualified consultant based on the evaluation of proposals submitted in accordance with the RFP specifications and Utah procurement regulations.

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REQUEST FOR PROPOSALS FOR

CONSTRUCTION MANAGEMENT SERVICES

PHASE 1, 2550 SOUTH RECONSTRUCTION PROJECT

June 16, 2026

Solicitation # 26-166

Due Date: (3 weeks) July 7, 2026 by 2:00 p.m.

Weber County Page 1 of 6 June 2026

WEBER COUNTY

REQUEST FOR PROPOSALS

FOR CONSTRUCTION MANAGEMENT SERVICES

FOR THE 2550 SOUTH RECONSTRUCTION PROJECT

A. NOTICE TO PROFESSIONALS

Weber County (“County”) is seeking Proposals from qualified and experienced consulting engineering/construction management firms (“Consultant”) to provide construction management services for the proposed 2550 South

Reconstruction Project (“Project”).

The County intends to compare and evaluate all eligible submittals and select the most qualified firm or team as outlined in subsection C.7 Evaluation Criteria of this request.

This is a Request for Proposals (RFP) only and should not be interpreted as a solicitation for services or as a contract for services. Submittals should be comprehensive, concise, and directly responsive to the goals and format as outlined in this RFP.

B. SCOPE OF WORK

1. Location of Project

The Project is located in western unincorporated Weber County and is along the existing roadway of 2550

South, from 4300 West to 3500 West.

2. Background

WACOG has awarded sales tax funds to Weber County for construction along 2550 South from 4300 West to 3500 West.

Currently, 2550 South from 4700 West to 3500 West consists of two lanes with minimal shoulders and drainage ditches along most of this stretch. Weber County is experiencing and expecting substantial growth in this area.

Gardner Engineering is completing the final design and bid documents. Consultation with Gardner

Engineering will be necessary over the course of the Project.

Construction of this Project includes piping existing drainage ditches along the corridor, working with

Hooper Irrigation and Taylor West Weber Water to coordinate work around their water lines, working with Warren Irrigation to widen their canal crossing, and reconstructing the road. The new storm drain lines will need to facilitate existing drainage connections. The corridor has undergone a complex right of acquisition, involves delicate public interface and will involve major utility relocation and coordination. A copy of the draft plans will be available on U3P-Bonfire for informational purposes.

3. General Scope

The Consultant shall provide a full complement of professional services to perform construction management services. These services shall include, but not necessarily be limited to, the tasks outlined below:

A. Provide qualified Project Manager and associated personnel (currently employed by your firm or sub-contracted) to perform the construction management services.

Weber County Page 2 of 6 June 2026

B. Review and become familiar with Project requirements, including Project manual, plans, APWA, and

County standards.

C. Provide constructability review.

D. Coordinate and conduct pre-construction and weekly construction meetings.

E. Provide interpretations of plans and specifications to contractor (consult with Gardner Engineering as necessary). Prepare change orders, work change directives, etc. as necessary.

F. Provide full time, on-site Resident Project Representative. Attachment D contains the duties assigned to RPR.

G. Conduct site visits (PM or PE) to assess progress of Project.

H. Disseminate Project information to stakeholders and general public as necessary.

I. Provide the following at Project completion:

1) Substantial completion inspection and punch list

2) Final completion inspection

3) Reconciliation change order

4) Recommendation for final payment

5) Record drawings (electronic and hard copy)

C. INSTRUCTIONS TO PROPOSERS

1. Project Timetable

The following timetable has been established for this Project:

• Closing Date for questions: June 30th @ 5:00 p.m.

• Closing Date for Receipt of Proposals: July 7th @ 2:00 p.m.

• Approximate Notice of Award: July 14th

• Approximate Commencement of Work: July 21st

• (Approximate) Completion of Work: Winter 2027-2028.

2. Pre-Proposal Site Visit

Proposers are strongly encouraged to visit the Project site and examine the conditions prior to submitting their proposals.

3. Procedure

a. The procedure for response to this RFP, evaluation of proposals, and selection of a Consultant is as follows:

1) Interested entities will prepare and submit their proposals according to the Project Timetable contained in Subsection C.1.

2) The County will evaluate all submitted proposals in accordance with the evaluation criteria.

3) An Agreement incorporating the provisions, terms, and conditions of this RFP will be executed between the County and the selected Consultant.

Weber County Page 3 of 6 June 2026

4. Proposal Submission

a. Submission will be uploaded electronically through U3P-Bonfire.

b. The deadline for receipt of proposals is set forth in Section C.1. Late Proposals will not be accepted.

c. Proposals must be complete in meeting the requirements of this RFP. Additional information provided after the deadline will not be considered unless specifically requested by Weber County.

d. Cost will be evaluated independent from the technical proposal, and as such, is to be submitted separate from the technical proposal. Failure to submit cost separately may result in your proposal being judged as non-responsive. Inclusion of any cost or pricing data within the technical proposal may also result in your proposal being judged as non-responsive.

5. Questions and Clarifications

A. Firms will be notified through U3P-Bonfire of any substantive changes in the Proposal requirements.

B. All questions shall be directed to U3P-Bonfire

6. Proposal Organization and Content

The comprehensive RFP response shall include all requested information and documentation. Incomplete proposals may be deemed non-responsive. Proposal shall contain no more than 15 pages single sided, excluding transmittal letter, attachments/appendices, and resumes. The proposal response shall include the following:

a. Transmittal letter: (not included in page count) The letter of transmittal shall be on official business letterhead and shall include the following:

1) A statement of the respondent’s intent to participate in the contract and comply with all terms and conditions as indicated in the RFP.

2) A statement of affirmative action that the respondent does not discriminate in its employment practices with regard to race, color, religion, age (except as provided by law), sex, marital status, political affiliation, national origin, or handicap.

3) A certification statement to the effect that the person signing the proposal is authorized to do so on behalf of the respondent.

4) Name of the key contact person with his/her title and telephone numbers. Also, indicate first and second back-up contact persons if the key contact person is not available to take a call from the County.

5) Statement of inclusion of Respondent Questionnaire (see Attachment A) – include as appendix

b. Work Plan and Project Approach: This section should describe the methodology and process proposed to be used to complete the scope of work defined in Section B.3, including any potentially innovative or creative approaches or solutions for the Project. It should identify any proposed strategies to be used to control costs, maximize economy, and insure operational effectiveness;

describe outputs to be delivered; and identify advantages of the proposal/Consultant to County.

Restatement of the scope outlined in this RFP is not necessary; however, proposer may include any suggested modifications thereto (additions, deletions, alternate ideas). This section shall also include the proposer’s policy, method, and need for gaining access onto private property, and what role, if

Weber County Page 4 of 6 June 2026 any, the proposer would expect County to perform regarding property access. This section should also include:

1) Specific exclusions

2) Assumptions made in preparation of the Work Plan

3) Proposed Project schedule

c. Qualifications/Experience: This section should describe the proposer’s experience on similar projects, including the individual team members’ involvement on the specific projects described. Project information and plans for the identified projects should be briefly included.

d. Key Personnel and Project Team: This section should contain the following information:

1) Organizational chart showing the team involved including individual members, all organizations, relationships, and breakdown of responsibilities. For all major participants, note the approximate hours to be devoted to the Project or percent of total Project to be performed by individual.

2) The percentage of the work that is expected to be performed locally. Indicate other offices/locations that might provide services along with a percentage of work to be performed at those locations.

3) Resumes of principals and key staff scheduled to participate on the Project (as Appendices).

e. Fee Proposal: Proposals shall include (see Attachment B):

1) Billing rates for proposed personnel and the approximate percentage of Project to be performed by each person.

2) Expected reimbursable and associated rates.

f. Appendices: (not included in page count)

1) Respondent Questionnaire (Attachment A)

2) Cost Proposal (Attachment B)

3) Resumes

7. Evaluation Criteria

Proposals will be based on the following criteria:

a. Transmittal Letter (8%): Complete information as requested.

b. Work Plan and Project Approach (24%): This category evaluates the Consultant’s understanding of the Project, Project strategy, cost saving ideas proposed, Project schedule, technical approach, and plan for managing the Project.

c. Qualifications/Experience (24%): This category deals with the proposer’s performance on similar prior local projects of similar size. Experience relates to the overall assessment of the proposer’s assigned personnel and previous experience with this type of project. Any proposer not having a team member in the required UDOT pool will be disqualified.

Weber County Page 5 of 6 June 2026

d. Key Personnel and Project Team (24%): This category deals with the education, training, and experience level of key personnel proposed for this Project, as well as previous experience working together as a team.

e. Fee Proposal (20%): This category will evaluate the Consultant’s proposed fees.

8. Submittal Ownership

All proposals (and the information contained therein) shall become the property of the County. Proposers should carefully consider the items submitted before submitting items that would not be disposable to the proposer. Proposals submitted may be reviewed and evaluated by any person at the discretion of the

County. No proposal shall be returned to the respondent regardless of the outcome of the selection process.

9. Acceptance of Proposal

a. Weber County intends to award the Project to a single firm. However, Weber County reserves the right to cancel or modify the terms of this RFP and/or the Project at any time and for any reason preceding the execution of a contract and reserves the right to accept or reject for any reason, any or all proposals submitted pursuant to this request for proposals. Weber County also reserves the right to divide the Project between successful candidates if doing such is to the benefit of Weber County.

b. The responding party agrees that the County may terminate this procurement procedure at any time and for any reason, and the County shall have no liability or responsibility to the responding party for any costs or expenses incurred in connection with this RFP, or such party’s response.

10. Withdrawal of Proposal

The proposal may be withdrawn upon request by the proposer, without prejudice.

11. Proposal Cost

Costs for developing proposals and making proposal presentations are entirely the responsibility of the proposer and shall not be chargeable in any manner to the County.

12. Reservation of Rights

Weber County reserves rights to:

a. Reject any and all Proposals received in response to this RFP.

b. Waive or modify any irregularities in Proposals.

c. Request additional information or modifications to Proposals prior to award if such is in the best interests of Weber County.

d. Use any ideas submitted in the Proposals received, unless covered by legal patent or proprietary rights. Selection or rejection of the proposal does not affect this right.

e. In the event of unsuccessful contract negotiations or contract termination, enter into contract negotiations with other qualified firms that submitted acceptable Proposals.

f. Cancel or modify the terms of this RFP and/or the Project at any time and for any reason preceding the execution of a contract and reserves the right to accept or reject any or all proposals submitted pursuant to this request for proposals.

g. Divide the Project between successful candidates if doing such is to the benefit of Weber County.

Weber County Page 6 of 6 June 2026

13. Proposal Terms and Conditions

See Attachment C.

Weber County Page 1 of 1 June 2026

ATTACHMENT A

RESPONDENT QUESTIONNAIRE

1. Respondent Information: Provide the following information about yourself and your company.

Respondent Name: _____________________________________________ (Note: give exact legal name as it will appear on the contract, if awarded.)

Address: ______________________________________________________

City: __________________________ State: ________ Zip Code: _________

Telephone No: ________________________ Fax No: ___________________

Business Structure:

Individual or Sole Proprietorship

Partnership

Corporation

Other; list business structure: _________________________

2. Contact information: List the one person who Weber County or their representative may contact concerning your proposal.

Name: _____________________________________________________

Address: ____________________________________________________

City: ___________________ State: _____________ Zip Code: _________

Telephone No: _______________________ Fax No: _________________

Email: ___________________________________

3. References: Give names of three people with whom you have worked on past projects of similar nature.

a. Name: _____________________________________________________

Address: ____________________________________________________

City: ___________________ State: _____________ Zip Code: _________

Telephone No: _______________________ Fax No: _________________

Email: ___________________________________

b. Name: _____________________________________________________

Address: ____________________________________________________

City: ___________________ State: _____________ Zip Code: _________

Telephone No: _______________________ Fax No: _________________

Email: ___________________________________

c. Name: _____________________________________________________

Address: ____________________________________________________

City: ___________________ State: _____________ Zip Code: _________

Telephone No: _______________________ Fax No: _________________

Email: __________________________________

Weber County Page 1 of 1 June 2026 proposal but are included as examples as to how these forms could be compiled. Cost proposal sheets and evaluation score sheets should be created to meet the specific requirements of your RFP.

ATTACHMENT B

COST PROPOSAL

CONSTRUCTION MANAGEMENT SERVICES, 2550 SOUTH

SOLICITAION # 26-166

Cost is to be submitted based on the following:

Bidder Name: _________________________________________________________

1. List the name, job title and hourly rate for any proposed personnel. Also include the approximate percentage of project to be performed by each person.

Name: _________________Title: ______________ $ _________ /hour __________% Name: _________________Title: ______________ $ _________ /hour __________% Name: _________________Title: ______________ $ _________ /hour __________% Name: _________________Title: ______________ $ _________ /hour __________% Name: _________________Title: ______________ $ _________ /hour __________% Name: _________________Title: ______________ $ _________ /hour __________%

Total Average $/hour _____________

2. Provide expected reimbursable expenses and rates associated to them. Specify if the rate is hourly, daily, etc.

Expense: ___________________________________ $ ________________________

(Any deviation from this format may result in disqualification of proposal)

Weber County Page 1 of 2 June 2026

ATTACHMENT C

WEBER COUNTY PURCHASING DEPARTMENT

PROPOSAL TERMS AND CONDITIONS

1. RIGHT TO REJECT: Weber County Corp. reserves the right to reject or accept this proposal, or any portion thereof, and to reject and call for new proposals if their interests or convenience is better served by such a course.

2. PREPARATION OF PROPOSALS:

(a) Failure to examine any drawings, specifications and instructions will be at proposer’s risk,

(b) All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing proposal.

(c) Time of delivery is a part of the proposal and must be adhered to.

(d) Prices quoted are firm for complete delivery of quantities specified. (f) In case of error in extension, unit price will govern.

(e) Wherever in these forms and specifications an article or material is defined by using a trade name and/or the name and catalog number of a manufacturer or vendor, the term “or approved equal,” if not inserted therewith, shall be implied. It is to be understood that any reference to a particular manufacturer’s product, either by trade name or by limited description, has been made solely for the purpose of more clearly indicating the minimum standard of quality desired, unless “No Sub” has been entered. In the event “No Sub” is entered, the proposal must be for the specified item with no substitution allowed.

3. FAILURE TO SUBMIT: Failure to submit a proposal or to advise the County Purchasing Department that future

RFP’s are desired may result in removal of your name from the bidders list.

4. SUBMISSION OF PROPOSAL:

(a) Only RFP’s submitted on forms furnished by the County will be considered unless the RFP specifies otherwise.

Proposals transmitted by facsimile machine prior to the closing time specified will be accepted, providing that any documentations or material required to accompany the bid, and that cannot be transmitted by fax, is received within two working days following the closing date of the bid. The County Purchasing Agent must be notified one hour prior to closing time that is specified on the proposal that RFP is being sent by facsimile machine.

(b) No charge for delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, cost of bonds, or for any other purpose will be paid by the County unless expressly included and itemized in the bid.

5. SAMPLES: Samples of items, when required, must be furnished free of expense to the County. If not destroyed by tests, the samples may, upon request made at the time the sample is furnished, be returned at the bidder’s expense.

6. AWARD OF CONTRACT:

(a) Unless the bidder has specified otherwise in this RFP by stating that individual unit prices are valid only if all items are accepted by the County, the County may accept any item or group of items of any kind and split or divide the order.

(b) The Contract of Sale resulting from the acceptance by the Board of County Commissioners of this proposal shall include all of the provisions and specifications of the RFP, offer, acceptance and purchase order relating thereto. Said contract shall be interpreted, construed and given effect in all respects according to the laws of the State of Utah and the Ordinances of Weber County.

7. NOTICE OF WITHDRAWAL: If the Request for Proposal is withdrawn by the County, the prospective proposers will be notified as soon as possible.

Weber County Page 2 of 2 June 2026

8. DEBARMENT: The bidder certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract) by any governmental department or agency. If the bidder cannot certify this statement, attach a written explanation for review by Weber County.

9. CERTIFY REGISTRATION AND USE OF EMPLOYMENT "STATUS VERIFICATION SYSTEM": The Status Verification System, also referred to as "E-verify", only applies to contracts issued through a Request for Proposal process, and to sole sources that are included within a Request for Proposal.

9.1 Status Verification System

1. Each offeror and each person signing on behalf of any offeror certifies as to its own entity, under penalty of perjury, that the named Contractor has registered and is participating in the Status Verification System to verify the work eligibility status of the contractor's new employees that are employed in the State of Utah in accordance with UCA

Section 63G-12-302.

2. The Contractor shall require that the following provision be placed in each subcontract at every tier: "The subcontractor shall certify to the main (prime or general) contractor by affidavit that the subcontractor has verified through the Status Verification System the employment status of each new employee of the respective subcontractor, all in accordance with Section 63G-12-302 and to comply with all applicable employee status verification laws. Such affidavit must be provided prior to the notice to proceed for the subcontractor to perform the work."

3. The County will not consider a proposal for award, nor will it make any award where there has not been compliance with this Section.

4. Manually or electronically signing the Proposal is deemed the Contractor's certification of compliance with all provisions of this employment status verification certification required by all applicable status verification laws including UCA Section 63G-12-302.

9.2 Indemnity Clause for Status Verification System

1. Contractor (includes, but is not limited to any Contractor, Design Professional, Designer or Consultant) shall protect, indemnify and hold harmless, the County and its officers, employees, agents, representatives and anyone that the County may be liable for, against any claim, damages or liability arising out of or resulting from violations of the above Status Verification System Section whether violated by employees, agents, or contractors of the following:

(a) Contractor; (b) Subcontractor at any tier; and/or (c) any entity or person for whom the Contractor or Subcontractor may be liable.

10. TRADE/PROFESSIONAL LICENSING: The State of Utah requires any person engaging in a construction trade or professional occupation, or acting as, or representing oneself as a contractor or professional for which licensure is required to be licensed before engaging in that trade professional activity. It is unlawful for any unlicensed person to submit a bid for any work for which a license is required. Any person who violates this provision will not be considered for award.

ATTACHMENT D

RESIDENT PROJECT REPRESENTATIVE’S DUTIES

The Resident Project Representative shall have the following duties, as contained in the construction project’s contract documents (“Engineer” means the same as “Consultant”):

A. The Resident Project Representative (RPR) will be Engineer's employee or agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions.

RPR's dealings in matters pertaining to the Work in general shall be with Engineer and Contractor. RPR's dealings with Subcontractors shall be through or with the full knowledge and approval of Contractor. The

RPR shall:

1. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability.

2. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof.

3. Liaison:

a. Serve as Engineer’s liaison with Contractor, working principally through Contractor’s authorized representative, assist in providing information regarding the intent of the Contract Documents.

b. Assist Engineer in serving as Owner’s liaison with Contractor when Contractor’s operations affect

Owner’s on-Site operations.

c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work.

4. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer.

5. Shop Drawings and Samples:

a. Record date of receipt of Samples and approved Shop Drawings.

b. Receive Samples that are furnished at the Site by Contractor, and notify Engineer of availability of

Samples for examination.

6. Modifications: Consider and evaluate Contractor’s suggestions for modifications in Drawings or

Specifications and report such suggestions, together with RPR’s recommendations, to Engineer.

Transmit to Contractor in writing decisions as issued by Engineer.

7. Review of Work and Rejection of Defective Work:

a. Conduct on-Site observations of Contractor’s work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents.

b. Report to Engineer whenever RPR believes that any part of Contractor’s work in progress will not produce a completed Project that conforms generally to the Contract Documents or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval.

8. Inspections, Tests, and System Startups:

a. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner’s personnel, and that Contractor maintains adequate records thereof.

b. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups.

9. Records:

a. Record names, addresses, fax numbers, e-mail addresses, web site locations, and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment.

b. Maintain records for use in preparing Project documentation.

10. Reports:

a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor’s compliance with the progress schedule and schedule of Shop Drawing and Sample submittals.

b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field

Orders. Obtain backup material from Contractor.

c. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, damage to property by fire or other causes, or the discovery of any

Hazardous Environmental Condition.

11. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work.

12. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the

Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to

Engineer for review and forwarding to Owner prior to payment for that part of the Work.

13. Completion:

a. Participate in a Substantial Completion inspection, assist in the determination of Substantial

Completion and the preparation of lists of items to be completed or corrected.

b. Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed and deficiencies to be remedied.

c. Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work.

B. The RPR shall not:

1. Authorize any deviation from the Contract Documents or substitution of materials or equipment

(including “or approved equal” items).

2. Exceed limitations of Engineer’s authority as set forth in the Contract Documents.

3. Undertake any of the responsibilities of Contractor, Subcontractors, Suppliers, or Contractor’s superintendent.

4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences, or procedures of Contractor’s work unless such advice or directions are specifically required by the Contract Documents.

5. Advise on, issue directions regarding, or assume control over safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor.

6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer.

7. Accept Shop Drawing or Sample submittals from anyone other than Contractor.

8. Authorize Owner to occupy the Project in whole or in part.

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