biddoc.pdf

Wamsley and West Ave Improvements

Request for Proposal

October 12, 2026

City of Rifle

202 Railroad Avenue

Rifle, Colorado 81650

Proposal Due Date: November 19, 2026, at 2 p.m.

Prebid Meeting: October 28, 2026, at 10 a.m.

Question Deadline: November 11, 2026, 12 p.m.

Notice of Award: (tentative) December 2, 2026

Anticipated Start Date: December 2026

Project Directory

Public Works Director

Craig Spaulding

202 Railroad Ave

Rifle, CO 81650

970.665.6556 cspaulding@rifleco.org

Utilities Director

Jared Emmert

202 Railroad Ave

Rifle, CO 81650

970-665-6589

Jemmert@rifleco.org

Construction Project Manager

Ryan Peskuski

202 Railroad Ave

Rifle, CO 81650

970.665.6554 rpeskuski@rifleco.org

Procurement and Grant Reporting Manger

Iris Trevisano

202 Railroad Ave

Rifle, CO 81650

970-665-6412

Itrevisano@rifleco.org

Table of Contents

Project Directory

REQUEST FOR PROPOSAL

1. Overview

2. Scope of Work

3. Schedule

4. Submittal

5. Pre-Proposal Meeting

6. Questions

7. Delivery of Proposal

8. Schedule

9. Evaluation

10. Local Preference Code Sec. 4-3-210 a

11. Award

12. Draft Contract

13. Accessibility

REQUEST FOR PROPOSAL

For

Wamsley and West Ave Improvements

The City of Rifle is requesting proposals from interested and qualified consultants for Wamsley and West Ave Improvements . Proposals must be submitted via the Rocky Mountain e-purchasing system- bidnet direct website www.bidnetdirect.com/colorado/cityofrifle by November 19, 2026, at 2 p.m. Proposals received after the closing date and time will not be considered.

There will be a mandatory pre-bid meeting on October 28, 2026, at 10 a.m.

Rifle City Hall Mamm Peak Conference Room

Questions concerning this proposal shall be addressed to Iris Trevisano, Procurement and Grant Reporting Manager at itrevisano@rifleco.org. The final deadline for questions is November 11, 2026, 12 p.m.

Notice of Award (tentative) December 2, 2026

The City of Rifle values full inclusion and access for all of our facilities, programs, activities and services. We are pleased to provide meaningful accommodations to comply with the Americans with Disabilities Act (ADA) and reasonably provide translation, interpretation, modifications, accommodations, alternative formats, auxiliary aids, and services.

To request special assistance for Solicitations only, call Procurement and Grant

Reporting Manager Iris Trevisano at 970-665-6412 or email

Itrevisano@rifleco.org Please allow 48 hours for your requests to be met.

This Advertisement for Bid is subject to all applicable provisions of the City of

Rifle Municipal Code, including Article III- Purchasing regarding procurement procedures. In case of any inconsistency between this advertisement and the

City Code, the provisions of the City Code shall take precedence.

1. Overview

The purpose of this project is to replace deteriorated and failing roadway infrastructure, improve drainage to reduce water-related pavement damage and extend roadway service life, and replace aging water distribution infrastructure in support of the City's goal of replacing approximately 1% of its water mains annually. These improvements will reduce long-term maintenance costs, improve roadway safety and functionality, and support the City's proactive approach to infrastructure maintenance and capital planning.

2. Scope of Work

Agreement will be EJDC E500 2020 version

Article 1 of the Agreement, Services of Engineer, is supplemented to include the following provisions:

Baseline Information: Owner has furnished the following Project information to

Engineer as of the Effective Date. Engineer’s scope of services has been developed based on this information. As the Project moves forward, some of the information may change or be refined, and additional information will become known, resulting in the possible need to change, refine, or supplement the scope of services.

Description of

Improvements:

The project consists of engineering design for approximately 800 linear feet of 8-inch water main replacement, including 18 water service connections, fire hydrant, valves, fittings, and connections to the existing distribution system;

roadway reconstruction consisting of approximately 170,961 square feet of asphalt pavement, subgrade preparation, and utility trench restoration; pedestrian improvements including approximately 3,600 square feet of concrete sidewalk, ADA-compliant pedestrian ramps, and traffic signage and pavement marking improvements including crosswalks, stop bars, lane markings, and regulatory signs. The design shall also address construction traffic control, utility coordination, drainage, geotechnical design and potential groundwater mitigation at West

Avenue, grading, and necessary surveying.

Engineering services shall include preparation of construction plans, and cost estimates in accordance with the City of Rifle Public Works

Manual and applicable CDOT, MUTCD, and ADA standards.

Expected Construction

Start:

Spring 2026

Prior Studies, Reports, Plans:

As built Drawings

Facility Location(s): Wamsley Way and West Avenue

Current Project Budget: TBD

Funding Sources: Water Fund and Street Fund

Known Design

Standards:

City of Rifle Public Works Manual, CDOT M&S, PROWAG, AWWA, CDPHE

Known Project

Limitations:

N/A

Project Assumptions: TBD

Other Pertinent

Information:

See map dated 10/9/26

Engineer shall provide Basic and Additional Services as set forth below.

1.01 Management of Engineering Services

A. All phases of Engineer’s services will include management of

Engineer’s Project-specific responsibilities, including but not limited to the following management tasks, whether separately tracked and itemized or included as being incidental to other phase and scope task items.

1. Develop and submit an Engineering Services Schedule. The

Engineering Services Schedule will:

a. be consistent with and serve as a supplement to the Schedule of Deliverables set forth in the RFP Schedule.

b. be updated on a regular basis, and as required to reflect any programmatic decisions by Owner.

c. include, but not be limited to, an anticipated sequence of tasks; estimates of task duration; interrelationships among tasks; milestone meetings and submittals; anticipated schedule of construction; and other pertinent Project events.

2. Develop and submit detailed work plans from The project scope tasks.

3. Coordinate services within Engineer’s internal team, and with

Subconsultants and Engineer’s Subcontractors.

4. Prepare for and participate in meetings with consultants and contractors working on other parts of the Project that may affect, or be affected by, Engineer’s services or resulting construction.

5. Prepare and submit monthly engineering services progress reports to the Owner. Include summary of services performed in period, expected progress in next period, percent completion of current tasks, and a description of major issues or concerns.

6. Special Invoicing: In addition to, or as a substitute for, Engineer’s standard invoicing, provide the specified additional information or documentation, following the invoicing procedures indicated: date billed to, summary of work completed, hours of consultants and subconsultants, billed to date.

7. Conduct ongoing management tasks, including:

a. Maintaining communications records and files pertaining to or arising from Engineer’s services;

b. With respect to Engineer’s services and other directly relevant parts of the Project, prepare for and participate in periodic progress meetings with Owner to discuss progress, schedule, budget, issues, potential problems and their resolution; and

c. Preparing agendas prior to and minutes following all Engineer-led meetings.

B. In all phases of Engineer’s services, Engineer shall prepare draft and final Drawings in accordance with Engineer’s CAD standards

C. The source documents for the draft and final Specifications in all phases of Engineer’s services will be City of Rifle Public Works Manual with engineer’s provided technical specifications unless otherwise mutually agreed upon by the parties.

1.02 Study and Report Phase

A. Engineer shall:

1. Consult with Owner to define and clarify Owner’s requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations, and identify available data, information, reports, facilities plans, and site evaluations.

a. If Owner has already identified one or more potential solutions to meet its Project requirements, then proceed with the study and evaluation of the Owner-identified potential solutions listed here:

1) N/A

b. If Owner has not identified specific potential solutions for study and evaluation, then assist Owner in determining whether Owner’s requirements, and available data, reports, plans, and evaluations, point to a single potential solution for

Engineer’s study and evaluation, or are such that it will be necessary for Engineer to identify, study, and evaluate multiple potential solutions.

c. If it is necessary for Engineer to identify, study, and evaluate multiple potential solutions, then identify three alternative solutions potentially available to Owner, unless Owner and

Engineer mutually agree that some other specific number of alternatives should be identified, studied, and evaluated.

2. Identify potential solution(s) to meet Owner’s Project requirements, as needed.

3. Study and evaluate the potential solution(s) to meet Owner’s

Project requirements.

4. Visit the Site, or potential Project sites, to review existing conditions and facilities, unless such visits are not necessary or applicable to meeting the objectives of the Study and Report

Phase.

5. Assess initially available Project information and data, including the Baseline Information set forth at the beginning of this Scope

6. Advise Owner of any need for Owner to obtain, furnish, or otherwise make available to Engineer additional Project-related information and data, for Engineer’s use in the study and evaluation of potential solution(s) to Owner’s Project requirements, and preparation of a related report.

7. After consultation with Owner, recommend the solution(s) which in

Engineer’s judgment meet Owner’s requirements for the Project.

8. Identify, consult with, and analyze requirements of authorities having jurisdiction to permit or approve construction or operation of the portions of the Project to be designed or specified by

Engineer, including but not limited to impacts and mitigating measures identified in previously prepared environmental assessments for the Project provided to the Engineer or being concurrently prepared for Owner by others.

9. Advise the Owner of any need for Owner to provide data or services of the types described in Article 2 of the Agreement, for use in

Project design, or in preparation for Contractor selection and construction.

10. Assist Owner in evaluating the possible use of building information modeling; civil integrated management; geotechnical baselining of subsurface conditions at the Site; innovative design, contracting, or procurement strategies; project delivery method; or other strategies, technologies, or techniques for assisting in the design, construction, and operation of Owner’s facilities. The subject matter of this paragraph will be referred to in The project scope as

“Project Strategies, Technologies, and Techniques.”

11. Assist Owner in identifying opportunities for enhancing the sustainability of the Project, and pursuant to Owner’s instructions, plan for the inclusion of sustainable features in the design.

12. Review with Owner the thresholds established in applicable codes, standards, and design criteria specifically governing the ability of the proposed facilities or improvements to perform, and to absorb or avoid damage without suffering complete or substantial failure.

As part of the review, identify additional risk assessment studies or tools that are available to evaluate the susceptibility of the facilities or improvements to natural and man-made events beyond the applicable established thresholds. Upon Owner request, as an additional service, perform additional risk assessment studies or tools to further evaluate system resiliency beyond the applicable established thresholds.

13. Utilities, including Underground Facilities

a. Review any utility mapping and surveys and other utilities documentation made available by Owner. Take note of observable utilities during Site visit.

b. Identify, in a preliminary manner and to the extent determinable by such mapping or other information provided by

Owner, and by observations at the Site, those utilities (whether above-ground utilities of any type, or Underground Facilities) likely to be affected by the Project construction and additional utility facilities or extensions that will be needed to serve the

Project.

c. If the impact on existing utilities or the need for additional utility facilities or extensions cannot reasonably be determined in a preliminary manner from mapping or other information provided by Owner, or such information was not available from

Owner, then assist Owner in evaluating the need to either obtain additional utility mapping and utility documentation during the Study and Report Phase, or undertake other alternative approaches and contingencies to account for utility uncertainties in this phase.

d. Advise Owner of additional utility documentation and coordination needed during the design and construction phases to adequately assess, mitigate, and manage the impact of the Project (including any additional utility facilities or extensions needed to serve the Project) on existing utilities.

e. Use ASCE 38, “Standard Guideline for the Collection and

Depiction of Existing Subsurface Utility Data” as a means to advise the Owner regarding the extent and identification and mapping of existing Underground Facilities during the design and construction phases.

1) If Owner has retained a land surveyor, utility engineer, or utility consultant, collaborate with such individuals or entities regarding the application of ASCE 38.

14. Inquire regarding survey methodologies and technologies that would aid in addressing Owner’s Project requirements. Develop a scope of work and survey limits for any topographic and other surveys necessary for design. For recommended survey deliverables, specify a) required technical specifications; b) pertinent datum; c) survey limits, and d) formats of deliverables.

Collaborate with land surveyor, when separately retained by Owner or third party, to develop such scope of work.

15. Prepare a report (the “Report”) which will, as appropriate, contain schematic layouts, sketches, and conceptual design criteria with appropriate exhibits to indicate the agreed-to requirements, considerations involved, and Engineer’s recommended solution(s).

a. For each recommended solution, Engineer will separately tabulate Total Project Cost, itemizing those items and services included within the definition of Total Project Costs.

b. Engineer will meet with Owner to discuss the draft Report and receive Owner’s comments.

16. Perform or provide the following other Study and Report Phase tasks or deliverables:

a. SUE survey in CAD and PDF

b. Recommendations for road reconstruction and waterline alignment with order of magnitude cost to construct

17. Furnish the Report and any other Study and Report Phase deliverables to Owner pursuant to the requirements of the

Deliverables Schedule in the project schedule, and review the deliverables with Owner.

18. Revise the Report and any other Study and Report Phase deliverables in response to Owner’s comments, as appropriate, and submit revised deliverables pursuant to the Deliverables

Schedule.

B. Engineer’s services under the Study and Report Phase will be considered complete on the date when Engineer has delivered to

Owner the final Report (as revised) and any other Study and Report

Phase deliverables.

1.03 Preliminary Design Phase

A. After acceptance by Owner of the Report and any other Study and

Report Phase deliverables (if Engineer’s services under this Agreement included Study and Report Phase services); selection by Owner of a recommended solution; issuance by Owner of any instructions for use of Project Strategies, Technologies, and Techniques, or for inclusion of sustainable features in the design, or enhanced resiliency of the design; indication by Owner of any specific modifications or changes in the scope, extent, character, or design requirements of the Project desired by Owner; and any necessary changes, refinements, and supplementation of the Baseline Information set forth at the beginning of this The project scope, Engineer and Owner shall discuss, resolve, and document in writing any necessary revisions to Engineer’s scope of services, compensation (through application of the provisions regarding Additional Services, or otherwise), and the time for completion of Engineer’s services, resulting from the selected solution, related Project Strategies, Technologies, or Techniques, sustainable design and resiliency instructions, specific modifications to the Project, or changes, refinements, or supplementation of the

Baseline Information.

B. Upon written authorization from Owner, Engineer shall:

1. Review and assess all available Project information and data, including any pertinent reports or studies (whether prepared by

Engineer or others) and any related instructions from Owner.

2. Based on the threshold review and assessment of available information and data, advise Owner of any need for Owner to obtain, furnish, or otherwise make available to Engineer any additional information and data, for Engineer’s use in the preparation of a Preliminary Design Phase Report.

3. Prepare a Preliminary Design Phase Report in the following format:

consolidated and comprehensive narrative report

4. The Preliminary Design Phase Report will consist of final design criteria, preliminary drawings, a preliminary list of expected specifications, and written descriptions of the Project. The

Preliminary Design Phase Report will consider the following matters to the extent applicable to the Project and as necessary to establish the basis of design for proceeding to final design and construction:

a. The Project concept, intent, performance criteria, desired outcomes, Owner’s standards and Owner directed improvements and facility elements as established in the Study and Report Phase and as expressly set forth in the Baseline

Information section of this The project scope (collectively the

“Project Goals”).

b. Recommended appropriate design criteria for each primary portion and significant discipline of the design necessary to address the Project Goals.

c. Site conditions and characterization as known at the time of, or to be determined during, the Preliminary Design Phase, including topography; subsurface information; Constituents of

Concern; cultural, historical, and archaeological resources at the Site; wetlands information; and evaluations of flora and fauna that may be affected by the Project.

d. The time schedule for completion of the Project in accordance with Project Goals, including any recommended changes to the time required to complete the Final Design Phase (as set forth in The project schedule, Deliverables Schedule) and estimated schedule(s) for construction.

e. Identification of major items of materials and equipment, rationale for selection with consideration of quality, suitability, pricing, sourcing, regulatory, and bidding issues affecting recommended selection.

f. Revised opinions of probable Construction Cost.

g. The impact of Project Strategies, Technologies, and

Techniques, sustainable features, and enhanced resiliency selected by Owner for inclusion in the Project on the Project

Goals, schedule and probable Construction Cost, including impact of multiple prime construction contracts, separate procurement of materials or equipment, and other alternate project delivery methods when the Project Goals necessitate and Owner authorizes;

h. Construction Phase quality assurance and quality control needs affecting development of Drawings and Specifications and other Final Design and Bidding Phase documents.

i. The effect of permits and authorizations by other entities and utility coordination needs on the Project.

j. Other matters and information pertinent to addressing the

Project Goals.

5. In preparing the Preliminary Design Phase Report, use any specific applicable Project Strategies, Technologies, and Techniques authorized by Owner during or following the Study and Report

Phase, and include sustainable features and enhanced resiliency, as appropriate, pursuant to Owner’s instructions.

6. Visit the Site as needed to prepare the Preliminary Design Phase

Report.

7. If at any point in the Preliminary Design Phase it becomes apparent to Engineer that additional reports, data, information, or services of the types described in Article 2 are necessary, then so advise

Owner, and assist Owner in obtaining such reports, data, information, or services.

8. Above-Ground Utilities

a. Review above-ground utilities information obtained from Owner and from observations at the Site.

b. Make recommendations regarding any further identification, investigation, and mapping of above-ground utilities at or adjacent to the Site, for Engineer’s design purposes or otherwise.

c. Account for above-ground utilities, based on available information, when advancing design during the Preliminary

Design Phase.

9. Underground Facilities

a. Review Underground Facilities data furnished by Owner. Assist

Owner in reducing and managing risks associated with

Underground Facilities by working together with Owner to jointly establish a procedure (“Underground Facilities

Procedure”) for the further identification, investigation, and mapping of Underground Facilities at or adjacent to the Site, using ASCE 38, “Standard Guideline for the Collection and

Depiction of Existing Subsurface Utility Data,” as a basis for establishing such Underground Facilities Procedure.

b. Such Underground Facilities Procedure must take into account the Site and the nature of the Project.

c. Use the Underground Facilities Procedure to aid in the performance of design services:

1) Account for Underground Facilities, based on available information, when advancing the design during the

Preliminary Design Phase.

2) The Underground Facilities Procedure will include a plan to keep Underground Facilities information current as

Engineer proceeds with the provision of design services, and to add new or relocated Underground Facilities information to the base utility or Site drawings.

3) To manage the potential impact of design changes on

Underground Facilities, Engineer shall work together with

Owner to modify or reapply the Underground Facilities

Procedure as the design progresses and changes.

10. Mitigation of Utilities Conflicts

a. Identify potential conflicts between the Project (including existing and new facilities and structures) and above-ground utilities and Underground Facilities as reviewed in The project scope Paragraphs 1.03.B.8 and 9 above, and advise Owner regarding the need for resolution of such conflicts with utility and Underground Facilities owners and permit agencies.

Identify the potential need for the relocation of existing above-ground utilities and Underground Facilities.

b. Update the Underground Facilities Procedure as necessary for any Underground Utilities conflicts and relocations.

c. Working together with Owner, jointly identify which specific parties or other entities will be responsible for implementation of the various specific parts of the Underground Facilities

Procedure (including those parts that address resolution of

Underground Facilities conflicts), and for resolution of above-ground utilities conflicts. Such identification will take into account Owner’s authority and standing, as owner of the Site, with respect to Underground Facilities and above-ground utilities.

1) To the extent that Owner and Engineer agree that in addition to performing the design-related obligations set forth in The project scope Paragraphs 1.03.B.8 and 9, Engineer will also implement any non-design part of the Underground

Facilities Procedure (including resolution of Underground

Facilities conflicts), or undertake resolution of above-ground utilities conflicts, such additional duties will be

Additional Services under Article 2 of this The project scope.

11. Surveys, Topographic Mapping, and Utility Documentation

a. Coordinate with Owner’s utility engineer, utility consultant, or land surveyor for the necessary field surveys, topographic mapping, and utility documentation required for Engineer’s design purposes, or by the Underground Facilities Procedure.

b. If no scope of work and procedure for utility documentation has been established, selected, or authorized, then at a minimum

Engineer will contact utility owners and obtain available information. Except as otherwise provided in this Agreement, Owner acknowledges that the information gathered from utility owners may be incorrect, incomplete, outdated, or otherwise flawed, and as to Engineer, bidders, and Contractor, the Owner accepts all associated risks. Owner reserves all associated rights as to recourse against the sources of such flawed information and against third parties.

12. Prepare initial draft of a comprehensive permit document that identifies Owner’s permit duties, Engineer’s permit duties, and

Contractor’s permit duties, and the schedule for permitting activities.

13. Continue to assist Owner with Project Strategies, Technologies, and Techniques that Owner has chosen to implement in The project scope Paragraph 1.03.A.

14. Obtain Owner’s instructions regarding Owner’s procurement of construction services (including instructions regarding advertisements for bids, instructions to bidders, and requests for proposals, as applicable), Owner’s construction contract practices and requirements, insurance and bonding requirements, electronic transmittals during construction, and other information necessary for the finalization of Owner’s Bidding/Proposal Documents and

Front-End Construction Contract Documents.

a. Also obtain copies of Owner’s standard Bidding/Proposal

Documents and Front-End Construction Contract Documents

(if other than the EJCDC 2018 Construction Series documents), and any other related documents or content for Engineer to include in drafts of the Project-specific Bidding/Proposal

Documents and Front-End Construction Contract Documents, when applicable.

b. Review Owner’s instructions regarding procurement, bidding and contracting of construction services with respect to effects on the Project design, schedule and construction and address as needed in the Preliminary Design Phase deliverables.

15. Prepare the Preliminary Design Phase Report. This Report will consist of, as appropriate, separate or combined submittals in whole or summary, the Preliminary Design Phase documents listed in The project scope Paragraph 1.03.B.4, and Engineer’s findings and recommendations for advancing the Project to the Final Design

Phase (including Engineer’s findings and recommendations, if any, regarding permitting, utilities, and Underground Facilities). The submittal will be in the format of a report, or otherwise organized and assembled for ease and practicality of use.

a. Based on the information contained in the Preliminary Design

Phase documents, prepare a revised opinion of probable

Construction Cost, and on the basis of information furnished by Owner, assist Owner in tabulating the various cost categories which comprise Total Project Costs.

b. Engineer will meet with Owner to discuss the draft Preliminary

Design Phase submittal and receive Owner’s comments.

16. Perform or provide the following other Preliminary Design Phase tasks or deliverables:

a. 30% Drawings

17. Furnish the Preliminary Design Phase Report, opinion of probable

Construction Cost, and any other Preliminary Design Phase deliverables to Owner pursuant to the requirements of the

Deliverables Schedule in The project schedule, and review the deliverables with Owner.

18. Revise the Report and any other deliverables in response to

Owner’s comments, as appropriate, and submit revised deliverables pursuant to the Deliverables Schedule.

C. Engineer’s services under the Preliminary Design Phase will be considered complete on the date when Engineer has delivered to

Owner the final Preliminary Design Phase Report (as revised) and associated documents, revised opinion of probable Construction

Cost, and any other Preliminary Design Phase deliverables.

1.04 Final Design Phase

A. After acceptance by Owner of the Preliminary Design Phase Report and any other Preliminary Design Phase deliverables; issuance by Owner of any instructions for specific modifications or changes in the scope, extent, character, or design requirements of the Project desired by

Owner; and any necessary changes, refinements, and supplementation of the Baseline Information set forth at the beginning of this The project scope, Engineer and Owner shall discuss, resolve, and document any necessary revisions to Engineer’s scope of services, compensation (through application of the provisions regarding

Additional Services, or otherwise), and the time for completion of

Engineer’s services, resulting from specific modifications to the

Project, or changes, refinements, or supplementation of the Baseline

Information.

1. The number of prime contracts for Work designed or specified by

Engineer upon which the Engineer’s compensation has been established under this Agreement is TBD. If more prime contracts are awarded, Engineer shall be entitled to an equitable increase in its compensation under this Agreement.

2. If more than one prime construction contract is to be awarded for the Work designed or specified by Engineer, then Owner shall define and set forth (in an exhibit to this Agreement, or in a subsequent document) the duties, responsibilities, and limitations of authority of a person or entity that will have authority and responsibility for coordinating the activities among the various prime Contractors, and any resulting changes in the duties, responsibilities, and authority of Engineer.

3. In the event that the Work designed or specified by Engineer is to be performed or furnished under more than one prime construction contract, or if Engineer’s services are to be separately sequenced with the work of one or more separate design professional consultants or prime Contractors (such as in the case of fast-tracking), Owner and Engineer shall, prior to commencement of the

Final Design Phase, develop a schedule for performance of

Engineer’s services during the Final Design, Bidding/Proposal, Construction, and Post-Construction Phases in order to sequence and coordinate properly such services as are applicable under such separate prime construction contracts. This schedule is to be prepared and included in or become an amendment to The project scope whether or not the work under such construction contracts is to proceed concurrently.

B. Upon written authorization from Owner, Engineer shall prepare final

Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor, in accordance with the Preliminary Design Phase Report (as revised) and other Preliminary Design Phase deliverables. As part of the preparation of the Drawings and Specifications, Engineer shall prepare interim drafts and final Drawings and Specifications as follows, pursuant to the Deliverables Schedule in The project schedule:

1. First Final Design Phase draft of all Drawings and Specifications.

2. Second Final Design Phase draft of all Drawings and

Specifications, addressing Owner comments and including appropriate design advancement.

3. Final Drawings and Specifications that address Owner comments;

complete the design; are suitable for estimating and pricing by prospective Contractors; and are complete and ready for construction.

C. In preparing the Specifications (and any bidding, contract, or other documents that are part of Engineer’s scope of services), Engineer shall obtain from Owner or Owner’s legal counsel any relevant constraints such as requirements for use of domestic steel and iron, other domestic purchasing requirements, statutory restrictions on utilizing proprietary specifying methods, and the like, and comply with or account for such constraints in drafting Specifications, Bidding/Proposal Documents, and other Project documents.

D. Engineer shall prepare or assemble draft Bidding/Proposal Documents and Front-End Construction Contract Documents as follows:

1. Such documents will be based on the 2018 EJCDC Construction

Documents, and on the specific bidding or Contractor selection-related instructions and forms, contract forms, text, or other content received from Owner.

2. When Engineer is required to use other than the 2018 EJCDC

Construction Documents, then as required in the Preliminary

Design Phase Owner will furnish to Engineer a copy of the required documents to be used for the Project’s Bidding/Proposal

Documents and Front-End Construction Contract Documents.

Prior to the first Final Design Phase submittal, Engineer will review the bidding and contracting documents furnished by Owner and provide comments to Owner. Engineer will meet with Owner to discuss Engineer’s comments. Owner will consider Engineer’s recommendations to revise Owner’s documents for the Project.

3. Engineer will furnish to Owner, for review by Owner’s legal counsel, the draft Bidding/Proposal Documents and Front-End Construction

Contract Documents. Owner and Owner’s legal counsel must transmit to Engineer, in a timely manner, one coordinated set of comments and revisions to the draft documents.

E. During the Final Design Phase the Engineer shall continue to account for above-ground utilities and Underground Facilities as the design advances and is finalized. This may include:

1. performing the services assigned to Engineer under the

Underground Facilities Procedure described in The project scope

Paragraph 1.03 above, including but not limited to the design-related tasks in The project scope Paragraph 1.03.B.9.

2. addressing required and proposed activities or mitigations identified in the analysis of utilities and by the Underground

Facilities Procedure as having an impact on the final design, and considering such in preparing the Drawings and Specifications.

F. Engineer shall perform or furnish the following other Final Design

Phase services:

1. Visit the Site as needed to assist in preparing the final Drawings and Specifications.

2. Assist with or prepare applications for permits and approvals, as follows:

a. Update comprehensive permit document created in

Preliminary Design Phase for Final Design detail.

b. Confer with Owner regarding revisions, if any, to the application(s), and make appropriate revisions to the application(s) for Owner’s resubmittal to the authority having jurisdiction.

c. Provide technical criteria, written descriptions, and design data for Owner’s use in filing applications for permits from or approvals of the authorities having jurisdiction listed above, including applications for review or approval of the final design.

d. Identify and indicate in the Construction Contract Documents the permits and approvals for which Contractor will be responsible, including work permits, building permits, and other permits and approvals that will be Contractor’s responsibility; and, in addition, indicate those permits initially obtained by Owner for which Contractor will be a co-permittee, together with associated requirements.

e. Unless expressly indicated otherwise, Engineer’s scope and budget includes attending one meeting or conference call with each permit and approval-issuing agency to discuss the Project and receive the agency’s comments on the application.

f. Engineer does not guarantee issuance of any required permit or approval.

g. Fees charged by authorities having jurisdiction for such permits or approvals are the responsibility of Owner.

3. Advise Owner of any recommended adjustments to the opinion of probable Construction Cost. Furnish to Owner an updated opinion of probable Construction Cost with the interim and final deliverables of the Drawings and Specifications.

4. After consultation with Owner, include in the Front-End

Construction Contract Documents any Electronic Document

Protocol addressing specific protocols for the transmittal of

Project-related correspondence, documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through access to a secure Project website.

5. Assist Owner in assembling known reports and drawings of Site conditions, and in identifying the technical data contained in such reports and drawings upon which bidders or other prospective contractors may rely.

6. Review the preliminary schedule for the Construction Phase and advise Owner when initial understanding of the Construction

Contract Times must or should be revised, and furnish Owner with recommendations on revisions to the proposed Construction

Contract Times.

7. Engineer’s project manager and other appropriate staff will participate in the following meetings and conference calls:

a. First draft design review meeting at Owner’s office.

b. Second draft design review meeting at Owner’s office.

c. Engineer will prepare and distribute minutes of each such meeting and conference call, indicating attendees, topics discussed, decisions made, and action items for follow-up.

G. Engineer shall complete the Final Design Phase as follows:

1. Pursuant to the requirements of the Deliverables Schedule in The project schedule, furnish for review by Owner, its legal counsel, and other advisors, the final Drawings and Specifications (as set forth in The project scope Paragraph 1.04.B.3 above); assembled drafts of other Construction Contract Documents including the draft Front-End Construction Contract Documents; the draft

Bidding/Proposal Documents; the most recent opinion of probable

Construction Cost; and any other Final Design Phase deliverables, and review the deliverables with Owner.

2. Revise the final Design Phase deliverables in response to Owner’s comments, as appropriate, and submit revised deliverables pursuant to the Deliverables Schedule.

3. Engineer’s services under the Final Design Phase will be considered complete on the date when Engineer has delivered to

Owner the final Drawings and Specifications; assembled drafts of the Front-End Construction Contract Documents; the draft

Bidding/Proposal Documents; and any other Final Design Phase deliverables, as revised.

1.05 Bidding/Proposal Phase

A. After acceptance by Owner of the final Drawings and Specifications;

assembled drafts of other Construction Contract Documents, including the draft Front-End Construction Contract Documents; the draft Bidding/Proposal Documents; the most recent opinion of probable Construction Cost as determined in the Final Design Phase, and any other Final Design Phase deliverables, and upon written authorization by Owner to proceed, Engineer shall:

1. Respond to questions placed in addenda by owner as appropriate to clarify, correct, or change the issued documents.

2. If the issued documents require, the Engineer shall evaluate and determine the acceptability of "or equals" and substitute materials and equipment proposed by prospective contractors, provided that such proposals are allowed by the bidding-related documents (or requests for proposals or other construction procurement documents) prior to award of contracts for the Work. Services under this paragraph are subject to the provisions of The project scope Paragraph 2.01.A.2.

3. Provide information or assistance needed by Owner in the course of any review of bids, proposals, or negotiations with prospective contractors.

4. Consult with Owner as to the qualifications of prospective contractors.

5. Consult with Owner as to the qualifications of subcontractors, suppliers, and other individuals and entities proposed by prospective contractors, for those portions of the Work as to which review of qualifications is required by the issued documents.

6. If Owner engages in negotiations with bidders or proposers, assist

Owner with respect to technical and engineering issues that arise during the negotiations.

7. The Bidding/Proposal Phase will be considered complete upon award of Construction Contracts for the Work and commencement of the Construction Phase, or upon cessation of negotiations with prospective contractors.

1.06 Construction Phase

A. After completion of the Final Design Phase and concurrent with the

Bidding/Proposal Phase, and after issuance by Owner of any instructions for specific modifications or changes in the scope, extent, character, design, schedule, number of prime construction contracts, and other construction requirements of the Project during the

Construction Phase desired by Owner, the Engineer and Owner shall discuss, resolve, and document any necessary revisions to Engineer’s scope of services or compensation (through application of the provisions regarding Additional Services, or otherwise), or the time for completion of Engineer’s services, resulting from specific modifications to the Project.

1. Engineer shall be responsible only for those Construction Phase services expressly required of Engineer in The project scope

Paragraph 1.06, as duly modified. With the exception of such expressly required services, Engineer shall have no design, Submittal (including Shop Drawing) review, or other obligations during construction, and Owner assumes all responsibility for providing or arranging for all other necessary Construction Phase administrative, engineering, and professional services.

2. Owner waives all claims against Engineer and its officers, directors, members, partners, agents, employees, and

Subconsultants, and Engineer’s Subcontractors, that may be connected in any way to Construction Phase administrative, engineering, or professional services except for those services that are expressly required of Engineer in The project scope.

Notwithstanding the foregoing waiver, Engineer shall be responsible for any professional opinions and interpretations provided by Engineer to Owner during the Construction Phase or

Post-Construction Phase, including interpretations or clarifications of the Construction Contract Documents.

B. Upon successful completion of the Bidding/Proposal Phase, and upon written authorization from Owner, Engineer shall provide the following services:

1. General Administration of Construction Contract: Consult with

Owner and act as Owner’s representative as provided in this

Agreement and the Construction Contract. Unless otherwise set forth in the scope of Basic Services (as duly modified), the extent and limitations of the duties, responsibilities, and authority of

Engineer shall be as assigned in EJCDC® C-700, Standard General

Conditions of the Construction Contract (2018) or other construction general conditions specified in this Agreement.

Except as otherwise provided in the Construction Contract, Owner’s communications to Contractor will be issued through

Engineer.

a. If the responsibilities of Engineer as set forth in the

Construction Contract are greater than those Construction

Phase services expressly required of Engineer in The project scope Paragraph 1.06, as duly modified, then Owner shall either (1) expand the scope of the Construction Phase services to match those of the Construction Contract, and compensate

Engineer for any related increases in the cost to provide

Construction Phase services, pursuant to the provisions for compensating Additional Services, or (2) identify a qualified individual or entity (other than Engineer) responsible for the additional responsibilities in the Construction Contract.

b. If Owner, or Owner and Contractor, modify the duties, responsibilities, and authority of Engineer in the Construction

Contract, or modify other terms of the Construction Contract having a direct bearing on Engineer, or if Owner requires

Engineer’s services for construction that extends longer than the anticipated Construction Contract Times, then Owner shall compensate Engineer for any related increases in the cost to provide Construction Phase services, pursuant to the provisions for compensating Additional Services.

c. Engineer shall not be required to furnish or perform services contrary to Engineer’s responsibilities as a licensed professional.

2. Deleted

3. Selection of Independent Testing Laboratory: Assist Owner in the selection of an independent testing laboratory to perform required testing services.

4. Pre-Construction Conference: Participate in a pre-construction conference prior to commencement of Work at the Site; prepare and distribute agenda for the conference and prepare and distribute minutes of such conference.

5. Electronic Transmittal Protocols: If the Construction Contract does not establish protocols for transmittal of Electronic Documents by

Electronic Means, then Owner, Engineer, and Contractor shall jointly develop such protocols.

6. Original Documents: If requested by Owner to do so, maintain and safeguard during the Construction Phase at least one original printed record version of the Construction Contract Documents, including Drawings and Specifications signed and sealed by

Engineer and other design professionals in accordance with applicable Laws and Regulations. Throughout the Construction

Phase, make such original printed record version of the

Construction Contract Documents available to Contractor and

Owner for review.

7. Schedules: Receive, review, and, and, subject to the criteria of the

Construction Contract, determine the acceptability of any and all schedules that Contractor is required to submit to Engineer, including the progress schedule, schedule of submittals, and schedule of values. Advise Contractor in writing of Engineer’s comments or acceptance of schedules.

a. Schedules will be acceptable to Engineer as to form and substance:

1) Progress Schedule: if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve

Contractor from Contractor’s full responsibility therefor.

2) Contractor’s Schedule of Submittals: if it provides a workable arrangement for reviewing and processing the required Submittals.

3) Contractor’s Schedule of Values: if it provides a reasonable allocation of the Contract Price to the component parts of the Work.

8. Baselines and Benchmarks: As appropriate, establish baselines and benchmarks for locating the Work which in Engineer’s judgment are necessary to enable Contractor to proceed.

9. Permits: Provide Owner with copies of technical information and supporting data previously obtained or developed by Engineer for

Owner’s use, or for Owner to provide to Contractor, in obtaining required permits and licenses delegated to Contractor by Owner.

10. Visits to Site and Observation of Construction: In connection with observations of Contractor’s Work while it is in progress:

a. Make visits to the Site at intervals appropriate to the various stages of the Work, as Engineer deems necessary, to observe as an experienced and qualified design professional, the progress of Contractor’s executed Work. Such visits and observations by Engineer, including its RPR, if any, are not intended to be exhaustive or to extend to every aspect of the

Work or to involve detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this

Agreement and the Construction Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer’s exercise of professional judgment, as assisted by its RPR, if any. Based on information obtained during such visits and observations, Engineer will determine in general if the Work is proceeding in accordance with the Construction Contract

Documents, and Engineer shall keep Owner informed of the progress of the Work. Engineer will make a report of Engineer’s visit, summarizing Engineer’s general observations and any significant findings.

b. The purpose of Engineer’s visits to the Site, and representation by the Resident Project Representative, if any, at the Site, will be to enable Engineer to better carry out the duties and responsibilities assigned to by this Agreement and undertaken by Engineer during the Construction Phase, and, in addition, by the exercise of Engineer’s efforts as an experienced and qualified design professional, to provide for Owner a greater degree of confidence that the completed Work will conform in general to the Construction Contract Documents and that

Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Construction Contract Documents.

Engineer will not, during such visits or as a result of such observations of the Work, supervise, direct, or have control over the Work, nor will Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any

Constructor, for security or safety at the Site, for safety precautions and programs incident to any Constructor’s work in progress, for the coordination of the Constructors’ work or schedules, nor for any failure of any Constructor to comply with

Laws and Regulations applicable to furnishing and performing of its work. Accordingly, Engineer neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor’s failure to furnish or perform the Work, or any portion of the Work, in accordance with the Construction

Contract Documents.

11. Defective Work: If, on the basis of Engineer’s observations or as indicated in documentation available to Engineer, Engineer believes that any part of the Work is defective under the terms and standards set…