R653-2-10. Project Engineering and Construction for projects funded through the Water Infrastructure Restricted Account (WIRA)

  (1) For State projects to develop the Colorado and Bear rivers:

  (a) Once a project has moved from planning stage to development stage:

  (i) Costs incurred by the Division for engineering, environmental and cultural resource studies, permitting, design and construction engineering, and construction inspection will be paid to the Board according to the terms set by Title 73, Chapter 26 and Chapter 28.

  (ii) Costs for Division staff time during project planning will not become a charge to the sponsor.

  (b) Design Standards and Approval for State projects:

  (i) State projects for the development of the Colorado and Bear rivers, shall be designed according to appropriate technical standards and shall be stamped and signed by a Utah Registered Professional Engineer responsible for the work.

  (ii) Prior to soliciting construction bids, plans and specifications must be approved by the Division and all other state, neighboring state, and federal agencies which have regulatory or funding involvement in the project. Additionally, all required records of decision, permits, authorizations, and agreements must be obtained from these agencies.

  (2) For Federal water infrastructure projects:

  (a) Costs incurred by the Division for planning and development will be paid to the Board pursuant to the terms and conditions established by the Board and Division under Section 73-10g-105.

  (b) Design Standards and Approval for Federal projects:

  (i) All Federal water infrastructure projects shall be designed according to appropriate technical standards and shall be stamped and signed by a Utah Registered Professional Engineer responsible for the work.

  (ii) Prior to soliciting construction bids for any phase of a project, plans and specifications for that phase must be approved by the Division and all other state and federal agencies which have regulatory or funding involvement in the project. Additionally, all required local, state, and federal licenses and permits for that phase of the project must be obtained before construction of that phase begins.

  (iii) All required local, state, and federal licenses and permits for a phase of a project must be obtained before construction of that phase begins.

  (3) Project Bidding and Construction:

  (a) The Board will require that all project construction be awarded to qualified contractors based on competitive bids. Alternative project delivery methods may be considered instead of traditional 'design-bid-build' methods; however, these must be done in compliance with industry-approved standards and must be first approved by the Board.

  (b) The design engineer or project manager shall coordinate the project bidding process.

  (c) Construction inspection will be performed under the direction of the project manager who shall be a Registered Professional Engineer licensed in Utah, and any other applicable state.

  (4) Staff and Legal Costs:

  (a) Costs incurred by the Division for investigation and administration will be paid to the Board according to the terms set by the Board.

  (b) Costs incurred by the Division during project investigation will not become a charge to the sponsor if the project is found infeasible, denied by the Board, or if the sponsor withdraws the application.

  (c) Legal fees incurred in the review of a sponsor's bonding documents will be billed directly to the sponsor by the legal firm doing the review for the Board.