1-1 Nebo School District RFP CMGC SFJHS Rebuild NSDRP26-0401.pdf

REQUEST FOR PROPOSALS

CONSTRUCTION MANAGER / GENERAL CONTRACTOR

Project Name & Location:

SPANISH FORK JR HIGH SCHOOL REBUILD

600 South 820 East

Spanish Fork, Utah 84660

SOLICITATION #NSD-RP26-0401

RELEASED: APRIL 2, 2026

PROPOSALS DUE: APRIL 21, 2026 BY 2:00 PM MDT

Owner:

Nebo School District

350 South Main

Telephone No. 801.354.7475

Architect:

GSBS Architects, Inc.

375 W 200 S, Ste 100

Salt Lake City, Utah 84101 Telephone No. 801 521 8600 tel:+18015218600

TABLE OF CONTENTS

1. Legal Notice ...................................................................................................................... Section 1

2. Request for Proposals ....................................................................................................... Section 2

3. Notice to Construction Managers ...................................................................................... Section 3

4. Instructions to Construction Managers ............................................................................. Section 4

5. Site and Building Information ............................................................................................ Section 5

6. RFP Forms ........................................................................................................................ Section 6

7. Proposal Evaluation Factors ............................................................................................. Section 7

8. Contract ............................................................................................................................. Section 8

9. Tax Exemption Certificate for Nebo School District .......................................................... Section 9

Version Date: April 2026 RFP - CM/GC (SFJHS Rebuild)

SECTION 1

LEGAL NOTICE

CONSTRUCTION MANAGER / GENERAL CONTRACTOR

NEBO SCHOOL DISTRICT

Solicitation #NSD-RP26-0401

Nebo School District (“School District” or “District”) is accepting Proposals from qualified Construction Manager / General Contractor companies (“Construction Manager” or “Construction Managers”) for the construction of a new Spanish Fork Jr High (SFJH) School on the existing site located at 600 South 820 East, Spanish Fork, Utah, 84660, the demolition of the existing SFJH building, and all sitework including landscaping, fields, tennis courts, etc. (“Project” or “Projects”). A more detailed description of the construction Project is contained in the Request for Proposals (“RFP”).

The RFP will be available online at Utah Public Procurement Place (U3P) / Bonfire website.

Proposals will be received electronically through the Utah Public Procurement Place (U3P) website (U3P) until April 21, 2026, at 2:00 PM MDT. Proposals must contain all requested information to be considered a responsive proposal.

SECTION 2

2.1 Project Information

Nebo School District (“School District” or “District”) is accepting Proposals from qualified Construction Manager / General Contractor companies (“Construction Manager” or “Construction Managers”) for the construction of a new Spanish Fork Jr High (SFJH) School on the existing site located at 600 South 820 East, Spanish Fork, Utah, 84660, the demolition of the existing SFJH building, and all sitework including landscaping, fields, tennis courts, etc. (“Project” or “Projects”). A more detailed description of the construction Project is contained in the Request for Proposals (“RFP”).

Spanish Fork Jr High School Rebuild

The Nebo School District’s (NSD) Spanish Fork Junior High School (SFJHS) project consists of a two-story, approximately 165,000-square-foot on-site replacement of the existing school, located at 600 South 820 East in Spanish Fork, Utah. The new facility is designed to accommodate approximately 1,200 students in 8th and 9th grades.

The schematic design is based on a concurrent programming and schematic design process completed on April 1, 2026.

The existing school will remain operational throughout construction, a key factor influencing the placement of the new building and associated athletic fields

TOTAL ESTIMATED COST OF PROJECT:

• Sixty-Six Million Dollars ($66,000,000)

2.2 Proposal Documents

The RFP will be available online at Utah Public Procurement Place (U3P) website.

This RFP is designed to provide interested Construction Managers with sufficient basic information to submit Proposals with minimum requirements, but is not intended to limit a Proposal’s content or exclude any relevant or essential data. Construction Managers are at liberty and are encouraged to expand upon information to evidence service capability.

All Proposal preparation costs and any associated activities related to this RFP are the sole responsibility of the Construction Manager. The School District is not liable for any costs incurred throughout the entire selection process.

All information requested in the Proposal Documents will be evaluated including an assessment by the School District as to the ability of each Construction Manager to perform the required work in a satisfactory and timely manner, and an analysis of Construction Manager fees, general conditions, costs, and other factors as specified in the Proposal Documents. The School District will select the Construction Manager for each Project on the basis of the information submitted in the Proposals.

The School District reserves the right to reject any or all Proposals, or to waive any formality or technicality in any Proposal, in the best interests of the School District.

2.3 Inquiries

All inquiries relative to this Project must be submitted through the Utah Public Procurement Place website and will be answered through this same webpage up to the Q&A deadline. Construction Managers submitting a Proposal are cautioned not to contact members of the Evaluation Committee, the Board of Education, or School District Administration personnel throughout the Proposal process as of the date of

RFP - CM/GC (SFJHS Rebuild) this Request for Proposals. Failure to comply with this requirement may result in disqualification from consideration.

2.4 Addendum to RFP

If it becomes necessary to revise this RFP in whole or in part, an addendum will be posted on Utah Public Procurement Place (U3P) website. Construction Managers who obtained this RFP by download are required to check Utah Public Procurement Place (U3P) website for any addenda.

2.5 Interviews

Interviews or discussions may or may not be conducted with responsive and responsible Construction Managers who submit Proposals, but Proposals may be accepted without interviews or discussions. The School District reserves the right to discuss Proposal information for clarification with responsive and responsible Construction Managers. Responsive and responsible Construction Managers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of Proposals.

If interviews are determined to be in the best interest of the District, these interviews will be scored using a forced ranking methodology. The Construction Manager that ranks first after the interviews will receive 25 points.

2.6 Work

The Work of the Construction Manager will be performed as a single Project: Preconstruction Services and Construction Work, as more fully detailed in the Contract Documents.

Preconstruction Services are detailed in Section 2.2 of the proposed form of Agreement and include, but are not limited to:

1. Consulting with the Owner and the Architect to provide value engineering for the Spanish Fork Jr High School Rebuild.

2. Attend weekly design team coordination meetings with the Owner and design team at the Architect’s and/or School District’s offices.

3. At the direction of the School District, obtain bids for all labor, equipment, and material for the construction of the new Spanish Fork Jr High School Rebuild and in compliance with Utah’s bidding laws applicable to the School District.

4. Construction schedule development for the Spanish Fork Jr High School Rebuild.

5. Provide cost estimates of the work to be performed.

Construction Work is all work other than the Preconstruction Services and includes, but is not limited to:

1. Overall construction management of the Spanish Fork Jr High School Rebuild.

2. Enter into contracts with all labor, equipment, and material subcontractors in compliance with

Utah’s bidding laws applicable to the School District. Performance of all subcontracts and payment on all subcontracts will be the responsibility of the Construction Manager.

3. Spanish Fork Jr High School Rebuild and construction schedule revisions and control.

2.7 Guaranteed Maximum Price / Lump Sum Price

The Construction Manager may be required to provide a Guaranteed Maximum Construction Price (“GMP”) at the completion of eighty-five percent (85%) of the construction documents by the Architect for the Spanish Fork Jr High School Rebuild and construction based on schematic design drawings and specifications. The GMP will include a construction contingency amount which is mutually agreed to by the School District and the Construction Manager. Prior to the commencement of the Construction Work, at the option of the School District, the GMP may be converted into a Lump Sum Price.

2.8 Contract Cancellation

The School District reserves the right to cancel the contract during or at the conclusion of the Preconstruction Services. Upon such termination, the Construction Manager shall be compensated for

RFP - CM/GC (SFJHS Rebuild)

Preconstruction Services performed in accordance with the contract up to the time of the contract’s termination.

The Agreement form between the Owner and the successful Construction Manager for each Project is included in the Proposal Documents, which may be updated and modified at the discretion of the School District.

SECTION 3

NOTICE TO CONSTRUCTION MANAGERS

3.1 Definitions.

3.1.1 Addenda or Addendum are written or graphic instructions issued by the District prior to the

Proposal Q&A deadline established on the Utah Public Procurement website which specifically modifies or interprets the Proposal Documents by additions, deletions, clarifications, or corrections.

3.1.2 Alternate Proposal or Alternate is an amount stated in the Proposal to be added to or deducted from the amount of the Base Proposal if the corresponding change in the Work requested by the District of the Construction Manager is accepted.

3.1.3 Base Proposal is the sum stated in the Proposal for which the Construction Manager offers to perform the Work described in the Proposal Documents as the base, to which Work may be added or from which Work may be deleted for sums stated in Alternate Proposals.

3.1.4 Contract Documents consist of the form of Agreement between the District and

Construction Manager, General Conditions and Supplementary Conditions, Drawings, Specifications, and all Addenda issued prior to execution.

3.1.5 Contract Price is the total of all allowable costs, fees, expenses, and compensation under the Contract Documents that are payable by the District to the Construction Manager and its subcontractors in connection with the Work, the components of which are identified in Section 3.3. hereof.

3.1.6 Construction Manager is a person or entity who submits a Proposal, acting directly or through a duly authorized representative, in accordance with this Request for Proposals.

3.1.7 Preconstruction Services are the services that are identified as Preconstruction Services in Section 2.2 of the form of Agreement attached to this Request for Proposals.

3.1.8 Proposal is an offer to provide Work for the sums stipulated therein, submitted, completed, properly signed, and guaranteed in accordance with the Proposal Documents.

3.1.9 Proposal Documents include the Proposal requirements and the proposed Contract Documents. The Proposal requirements consist of the Legal Notice for Proposals, the Request for Proposals, any supplementary instructions to Construction Managers, the Sealed Proposal form, and other sample bidding and contract forms, all of which are incorporated into this Request for Proposals by reference. Copies of the Proposal Documents may be obtained online at Utah Public Procurement Place website.

3.1.10 Work is all of the services and work specified, indicated, shown, or contemplated in the Contract Documents for a particular aspect of the Project.

3.2 General Scope of the Work.

3.2.1 The Construction Manager shall construct a new Spanish Fork Jr High School and as indicated in the Contract Documents.

3.2.2 The Work to be performed by the Construction Manager shall be performed as one Project which will include: the Preconstruction Services and Construction Work. The specific duties of the Construction Manager with respect to each aspect of the Work are set forth in detail in the Contract Documents and are summarized below:

3.2.2.1 Preconstruction Services. Commencing with the request of Owner, the Construction Manager shall perform all the preconstruction services described in the Contract Documents, RFP - CM/GC (SFJHS Rebuild) including, but not limited to, Section 1.1 of Exhibit 2.2 to the Agreement (collectively, the “Preconstruction Services”). Without limiting the foregoing, the Construction Manager shall assist the Architect and the District in the development and implementation of any or all of the pre-design, value engineering, schedule development, and bidding of the Project, as provided in the Contract Documents.

3.2.2.2 Construction Work. Commencing with the issuance of a Notice to Proceed with the construction of the entirety of the Work, the Construction Manager shall provide and perform all of the Work described in the Contract Documents, including, but not limited to, the General Conditions Work and Section 1.2 of Exhibit 2.2 hereto (collectively, the “Construction Work”). Without limiting the foregoing, the Construction Manager shall enter into direct contracts with subcontractors for the Work, supervise, coordinate, and be responsible for the performance of the Work, and guarantee that the cost to the District for the Construction Work shall not exceed the GMP and/or Lump Sum Price. Work may be self-performed by the Construction Manager (the “Self-Performed Work”) only as agreed upon by the District and in accordance with Utah law.

3.2.3 Payment and Performance Bonds. Concurrent with the signing of the Agreement with the

District, the Construction Manager shall provide to the District the payment and performance bonds required by Section 11.3 of the General Conditions in the full amount of the Preconstruction Services Fee for the Project. Concurrently with receiving a Notice to Proceed with the Construction Work, Contractor shall provide to the District the payment and performance bonds required by Section 11.3 of the General Conditions in the full amount of the GMP.

3.2.4 Cancellation of Contract During Preconstruction Services. The District reserves the right to cancel the contract during or at the conclusion of the Preconstruction Services. Upon such termination, the Construction Manager shall be compensated for work performed in accordance with the contract up to the time of the contract’s termination.

3.2.5 Fixed Limit of Construction Cost. The fixed limit of construction cost for the new Spanish Fork Jr High School Rebuild is Sixty-Six Million Dollars ($66,000,000) (the “Fixed Limit”). Prior to the establishment of the GMP and/or Lump Sum Price, the Fixed Limit shall not be exceeded.

3.2.6 Bidding Requirements for Construction Work. Each component part of the Project (other than Preconstruction Services, General Condition Work, and the Contractor’s Fee), provided for in these Proposal Documents must be bid in accordance with advertising, payment bond, performance bond, and other requirements of Utah law. The Construction Manager will be allowed to bid on such component parts of the Work on an equal basis with other potential subcontractors. Separate bid packages and dates are currently proposed by various stages of the Project. As a part of the GMP, the Construction Manager shall guarantee the performance by each successful subcontractor of its subcontract once bidding to the subcontractors has been completed.

3.2.7 Direct Procurement by District. The District may directly purchase certain equipment and materials for the Project pursuant to procedures to be adopted as a part of the final contract. The cost of such equipment and materials (including sales tax and the Construction Manager’s Fee related thereto) shall be deducted from the Contract Price.

3.2.8 Construction Timeline. IT IS ANTICIPATED THAT CONSTRUCTION ON THE SFJHS

REBUILD WILL BEGIN ON OR ABOUT NOVEMBER 1, 2026. SUBSTANTIAL COMPLETION SHALL BE

NO LATER THAN JUNE 30, 2028, AND FINAL COMPLETION, INCLUDING ALL PUNCH LIST ITEMS, SHALL BE NO LATER THAN AUGUST 1, 2028. THE SUCCESSFUL CONSTRUCTION MANAGER FOR

THE PROJECT MUST BE ABLE TO COMPLETE ALL SUBCONTRACTOR BIDS BY NOVEMBER 1, 2026

FOR FINAL CONTRACT APPROVAL ON THIS PROJECT BY THE BOARD OF EDUCATION OF NEBO

SCHOOL DISTRICT ON NOVEMBER 11, 2026.

IT IS ANTICIPATED THAT DEMOLITION OF THE FORMER SPANISH FORK JR. HIGH SCHOOL

BUIDLING WILL BEGIN ON OR ABOUT JUNE 1, 2028. SUBSTANTIAL COMPLETION FOR THE

DEMOLITION SHALL BE NO LATER THAN JULY 31, 2028, AND FINAL COMPLETION OF THE

DEMOLITION OF THE FORMER SPANISH FORK JR. HIGH SCHOOL BUILDING INCLUDING ALL

PUNCH LIST ITEMS, SHALL BE NO LATER THAN AUGUST 10, 2028.

ALL SITEWORK INCLUDING LANDSCAPING, TENNIS COURTS, FIELDS, ETC., SHALL BE

COMPLETED NO LATER THAN SEPTEMBER 15, 2028.

3.2.9 Scheduling. The Construction Manager is responsible for all scheduling in relation to the

Work, and shall not, without prior written authorization from the District, allow or direct materials of any trade to be installed prematurely when it is obvious that such materials may be damaged by subsequent work of other trades. When recognized construction procedures or design requirements prescribe that materials be installed before execution of the Work, the Construction Manager shall take such steps as are necessary to protect any previously completed Work.

3.2.10 Coordination. The Construction Manager shall be responsible for and coordinate through the Architect and the District the various sections of the Work as to scheduling, installation procedures, shop drawings, and installation of related materials.

3.2.11 Construction Management Software. The District requires the awarded Construction

Manager to use the Procore Construction Management Software Platform.

3.3 Type of Contract. The contract form that is currently contemplated for use with the Construction Manager will be based on the form contained herein, which may be updated and modified at the discretion of the District. The contract provides, among other things, for the payment of the Construction Manager of the following amounts:

3.3.1 Preconstruction Compensation. A lump sum amount (the “Preconstruction Compensation”) for performance of the Preconstruction Services.

3.3.2 Contract Price. An amount equal to the sum of the following for the proper performance of the Construction Work in accordance with the Contract Documents (collectively, the "Contract Price"):

3.3.2.1 The total amount stipulated in Subcontractor Contracts to be paid by the Construction Manager to Subcontractors for the Subcontractors' proper performance of the Work required by such Subcontractor Contracts, to the extent actually paid by the Construction Manager (the "Subcontractor Sum");

3.3.2.2 The cost of any agreed upon Self-Performed Work;

3.3.2.3 Actual cost to the Construction Manager of premiums for the payment and performance bonds required by the General Conditions based on the aggregate Subcontractor Sums and the cost of any Self-Performed Work;

3.3.2.4 A fixed amount as reimbursement of the Construction Manager’s expenses for

General Condition Work (the "General Condition Reimbursement"); and

3.3.2.5 A construction management fee expressed as a percentage of the Subcontractor Sum or an agreed upon fixed fee (the "Construction Manager’s Fee").

3.3.3 GMP and Lump Sum Price. The Proposal does not require the Construction Manager to guarantee the District’s Fixed Limit of Construction Costs or the total amount of the Subcontract Sum for the Project at the time the Proposal is submitted. Rather, the Construction Manager may be required to submit a GMP at eighty-five percent (85%) of construction document completion as contemplated herein.

The contract also provides an option exercisable by the District to convert the Contract Price into a Lump Sum when the Project has been fully bid out to subcontractors.

3.3.4 Retention. The proposed form of contract provides for five percent (5%) retention in accordance with UTAH CODE ANN., §53E-3-703.

3.3.5 Liquidated Damages. Liquidated damages for late completion in the following amounts:

Days of Delay Amount for Each Day 1 to 15 $ 250.00 16 to 30 $ 750.00 31 to 45 $1,500.00 46 or more $3,000.00

3.3.5.1 In addition, the Construction Manager will be assessed a liquidated damage of

One Thousand Dollars ($1,000) per calendar day for failure to timely complete punch list items. Other provisions concerning suspension, termination, and other matters are set forth in the contract.

3.3.6 Contract Documents. The Contract Documents, including the form of contract, terms, conditions, payment and performance bonds, insurance requirements, drawings, plans and specifications, etc., may be obtained by prospective Construction Managers from the District by requesting an electronic version from the School District or by going online at Utah Public Procurement Place (U3P) Bonfire

3.3.6.1 No deposit is required for a prospective Construction Manager to obtain an electronic version of the construction drawings and specifications. A deposit of One Hundred Dollars ($100.00), paid in advance, will be required by the prospective Construction Manager for each set of written construction drawings and specifications (limit of three (3) written sets per Construction Manager). All such sets of written construction drawings and specifications must be returned complete and in good condition to the place from which they were issued within fifteen (15) days after the proposal due date listed on the Utah Public Procurement Place website, or the deposit will be forfeited.

3.3.6.2 Prospective Construction Managers shall use complete sets of Proposal

Documents in preparing Proposals. Neither the District nor the Architect assumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of Proposal Documents. Proposal Documents made available on the above terms do not confer a license or grant permission for any use of the Proposal Documents other than the preparation of Proposals for the Project.

SECTION 4

INSTRUCTIONS TO CONSTRUCTION MANAGERS

4.1 Requirements before Submitting Proposals. Prospective Construction Managers are warned that they must fully inform themselves of the character of the Work to be performed under the Contract Documents. Before submitting a Proposal, each prospective Construction Manager shall visit the site of the proposed Work and fully acquaint itself with the structures, improvements, and conditions relating to construction and management of the Project so that the prospective Construction Manager fully understands the facilities, difficulties, and restrictions attending the execution of the Work under the Contract Documents, including the conducting of any examinations, inspections, explorations, tests and studies, and the obtaining of any additional information and data which pertain to the physical condition (surface, subsurface, and underground facilities) at or contiguous to the site, or which otherwise might affect the cost, progress, performance, or furnishing of the Work and which the prospective Construction Manager deems necessary to prepare a complete and accurate Proposal in accordance with the Contract Documents. The prospective Construction Manager shall thoroughly examine and be familiar with the Contract Documents. The Proposal shall reflect all site conditions. The failure or omission of any prospective Construction Manager to receive or examine any form, instrument, addendum, or other document or to visit the site and acquaint itself with the conditions there existing shall in no way relieve any prospective Construction Manager from any obligation with respect to its Proposal or to the Contract Documents. The submission of a Proposal shall be a representation by such prospective Construction Manager that it has fully satisfied itself regarding the Project as required in this Section 4.

4.2 Interpretation of Proposal Documents. If any prospective Construction Manager is in doubt as to the true meaning of any of the Proposal Documents, or finds errors, discrepancies in, or omissions from them, such questions shall be submitted through the Utah Public Procurement Place website and will be answered through the same website up until the Q&A deadline. Likewise, requests for any interpretations or corrections must be in writing and submitted through the Utah Public Procurement Place website up to the Q & A deadline. ANY INTERPRETATIONS OR CORRECTIONS WILL BE MADE ONLY BY WRITTEN ADDENDA DULY ISSUED BY THE DISTRICT. Such issued Addenda will be posted on the Utah Public Procurement Place website. Should discrepancies appear in the Proposal Documents which are not resolved by Addendum, it is expressly understood that the prospective Construction Manager has used the most expensive method and/or material in its Proposal. After submissions of Proposals, amendments to the Request for Proposals shall be distributed only to Construction Managers who submitted Proposals.

4.3 Proposals. PROSPECTIVE CONSTRUCTION MANAGERS MUST SUBMIT A PROPOSAL

CONTAINING ALL THE REQUIRED INFORMATION AND DOCUMENTATION. TO RECEIVE

CONSIDERATION, A PROPOSAL MUST BE MADE IN ACCORDANCE WITH THE FOLLOWING

INSTRUCTIONS:

4.3.1 Proposals shall be submitted as instructed and utilizing the forms included in this Request for Proposals.

4.3.2 The forms shall be fully and accurately completed without interlineation, alteration, or erasure. CHANGES IN OR ADDITIONS TO THE FORMS, RECAPITULATIONS OF THE WORK BID UPON, OR ANY MODIFICATION OF THE FORMS WHICH IS NOT SPECIFICALLY CALLED FOR IN THE

PROPOSAL DOCUMENTS MAY RESULT IN THE DISTRICT’S REJECTION OF THE PROPOSAL AS

NOT BEING RESPONSIVE TO THE REQUEST FOR PROPOSALS. No oral, telegraphic, or telephone Proposals or modifications shall be considered.

4.3.3 Signatures on the forms shall be in long hand with the name of the signer typed beneath the signature. The Proposal Forms shall be signed only by those persons authorized to legally bind the prospective Construction Manager and to execute the contract.

4.3.4 Substitute Proposals will not be considered.

RFP - CM/GC (SFJHS Rebuild)

4.4 Submittal Materials. THROUGH THE UTAH PUBLIC PROCURMENT PLACE (U3P) WEBSITE, EACH PROSPECTIVE CONSTRUCTION MANAGER SHALL PROVIDE AND COMPLETE ALL THE

INFORMATION REQUESTED IN THE INITIAL QUALIFICATION QUESTIONS, AND SUBMIT THE

FOLLOWING PACKETS. FINAL SUBMISSION SHOULD INCLUDE UPLOADING NO MORE THAN

THREE (3) SEPARATE FILES AS INDICATED IN RED BELOW:

• PACKET 1: Shall include Sealed Proposal, Proposal Breakdowns, Proposal Bond, and Certificate of Non-Collusion and Residency as per Section 4.4.1 and must be uploaded as ONE document entitled, “[Organization Name], Packet 1: Proposal Forms”;

• PACKET 2: Proposal information as per Section 4.4.2 and must be uploaded as ONE document entitled, “[Organization Name], Packet 2: Proposal”; AND

• PACKET 3: Financial statements as per Section 4.4.3 and must be uploaded as ONE document entitled, “[Organization Name], Packet 3: Financial Statements”.

Please be advised that Utah law considers Proposals as public records subject to inspection under the Governmental Records Access and Management Act (GRAMA), UTAH CODE ANN., §63G-2-101, et seq. With the exception of the financial statements described in Section 4.4.3 below, the Proposals of the successful and unsuccessful Construction Managers shall be open to public inspection, except for portions that are prohibited from disclosure as per Utah law. Accordingly, if a Construction Manager desires to request that specific documents in the Proposal not be publicly disclosed, the Construction Manager must: (a) submit a cover letter with its Proposal specifically identifying which documents in the Proposal are claimed to be protected under business confidentiality (including trade secrets or other classifications provided under GRAMA); and (b) provide a concise statement of the reasons supporting each claimed provision of business confidentiality or other GRAMA classification.

4.4.1 PACKET 1: Submit the following through the Utah Public Procurement Place (U3P) website for this Project:

4.4.1.1 A fully completed and executed “Sealed Proposal” for the Project utilizing the form included in the Request for Proposals.

4.4.1.2 A fully completed and executed “Proposal Breakdowns” for each stage of the Project utilizing the forms included in the Request for Proposals.

4.4.1.3 A fully completed, executed, and acknowledged “Proposal Bond” for the Project utilizing the form (or equivalent form) included in the Request for Proposals, as required by Section 4.5 hereof.

4.4.1.4 A fully completed and executed “Certificate of Non-Collusion and

Residency” utilizing the form included in the Request for Proposals.

4.4.2 PACKET 2: The Proposal shall be well organized and include a table of contents to identify the location of each item. Failure to include the following items may result in the District’s rejection of the proposal as not being responsive to the Request for Proposals.

4.4.2.1 A copy of the business entity’s Certificate of Existence authorizing the Construction Manager to transact business in the State of Utah (Utah Department of Commerce, Division of Corporations and Commercial Code). Alternatively, submit legal documentation evidencing that Construction Manager is not required to be registered with the Utah Department of Commerce, Division of Corporations and Commercial Code, in order to transact business in the State of Utah. If Construction Manager is not a business entity (such as a corporation, partnership, or limited liability company), then please provide a copy of the Construction Manager’s City Business License.

4.4.2.2 A copy of the Construction Manager’s License showing that the Construction Manager is properly licensed to perform the Work in the State of Utah (Utah Division of Occupational and Professional Licensing).

RFP - CM/GC (SFJHS Rebuild)

4.4.2.3 A list of all staff personnel associated with the Project, their telephone numbers, and the name and telephone number of the responsible individual to contact in case of an emergency.

4.4.2.4 Provide names and resumes of the prospective Construction Manager’s site supervisor/foreman for the Project and other key individuals in your organization. Include construction experience by job and responsibility and the identity of all companies previously worked for by such key individuals.

4.4.2.5 Preliminary construction schedule of activities for the Project with time frames and milestone dates shown for the Project.

4.4.2.6 A list of references and a list of similarly sized jobs that the prospective Construction Manager has successfully completed in the last five (5) years, including company name, contact person, telephone number, fax number, and email address.

4.4.2.7 Provide a list of major construction and construction management projects in progress including the following information:

A. Point of Contact: Person who will be able to answer any customer satisfaction questions.

B. Contact Information: Telephone number and email of the contact person.

C. Owner Name: Name of Company / Institution that procured the construction work.

D. Project Name: Name of the project.

E. Date Commenced & Status: Date when work commenced, percent complete, and scheduled completion date.

F. Location: Street, city, and state where the work is being performed.

G. Size: Size of project in dollars.

H. Duration: Duration of the project / construction in months.

I. Type: Type of project (i.e., school, offices, warehouse, etc.).

J. Construction Method: Construction delivery method (CM/GC, GC Hard Bid, Design

Build, etc.)

4.4.2.8 Provide a list of major construction and construction management projects completed, including the following information:

A. Point of Contact: Person who will be able to answer any customer satisfaction questions.

B. Contact Information: Telephone number and email of the contact person.

C. Owner Name: Name of Company / Institution that procured the construction work.

D. Project Name: Name of the project.

E. Date Completed: Date when work was completed.

F. Location: Street, city, and state where the work is being performed.

G. Size: Size of project in dollars.

H. Type: Type of project (i.e., school, offices, warehouse, etc.).

I. Construction Method: Construction delivery method (CM/GC, GC Hard Bid, Design

Build, etc.)

4.4.2.9 Documentation evidencing that the prospective Construction Manager has registered and participates in the Status Verification System (the electronic verification system operated by the federal government is known as E-Verify) to verify the work eligibility status of its respective employees (see UTAH CODE ANN., §63G-12-301, et seq.). Such documentation may include: (a) the first page of the Memorandum of Understanding; (b) the website login page which verifies the company name, ID number, physical location, and organization designation; or (c) a properly executed and notarized Affidavit attesting to the fact that the Construction Manager has registered and participates in a Status Verification System.

4.4.2.10 A written narrative describing the Construction Manager’s proposed labor, materials, and equipment procurement including:

RFP - CM/GC (SFJHS Rebuild)

A. Lead time ordering requirements;

B. Site construction duration and requirements; and

C. Drawing submittal and approval timing.

4.4.3 PACKET 3: Submit the prospective Construction Manager’s reviewed or audited financial statements, including the latest balance sheet and income statement showing: (a) current assets; (b) net fixed assets; (c) other assets; (d) current liabilities; (e) other liabilities; (f) net equity;

(g) pending or threatening litigation; and (h) name of firm preparing financial statement and date thereof. If the financial statements attached are not for the identical named organization, explain the relationship and financial responsibility of the organization whose financial statements are provided. Please note that the financial statements provided to the District will be considered as business confidential or protected and will not be disclosed pursuant to a public records request under GRAMA.

4.5 Proposal Bond. Each Proposal must be accompanied by a bid guaranty in the form of a proposal bond from a surety company acceptable to the District (the “Proposal Bond”) for not less than five percent (5%) of the total amount of the sum of the General Conditions Reimbursement and the Construction Management Fee, as reflected in the Proposal, made payable to the District. The Construction Manager must use the Proposal Bond form included in the Proposal Documents or an equivalent Proposal Bond form. Any agent or attorney-in-fact who executes the Proposal Bond on behalf of a surety shall affix to the Proposal Bond a certified and current copy of the Power of Attorney or other sufficient evidence of such agent’s authority to bind said surety. NON-APPROVAL OF A PROPOSAL BOND MAY BE THE BASIS

FOR REJECTING A PROPOSAL. A PROPOSAL BOND MUST ACCOMPANY THE PROPOSAL OR THE

SUBMITTED PROPOSAL WILL BE DEEMED NON-RESPONSIVE AND WILL NOT BE SCORED OR

EVALUATED.

4.5.1 Bond Forfeiture. If a Construction Manager to whom an award is made fails or refuses to enter into the contract as herein provided, or to conform to any of the stipulated requirements in connection therewith, the District may exercise its right to the sum of the Proposal Bond as liquidated and agreed upon damages, not as a penalty, the award shall be annulled, and, in the sole discretion of the District, an award may be made to the Construction Manager whose Proposal is next most acceptable in the opinion of the District, and such replacement Construction Manager shall fulfill every stipulation embraced herein as if it were the party to whom the first award was made.

4.5.2 Return of Proposal Bond. Upon written request, the Proposal Bond of a Construction

Manager to whom the contract has been awarded will be returned after all the acts, for which the performance of said Proposal Bond is required, have been fully performed. The Proposal Bonds of all prospective Construction Managers will be held until the final approval of the contract or the rejection of all Proposals. The liability of the District in connection with said Proposal Bonds shall be limited to the return of the same, if required, as herein provided.

4.6 Representations of Construction Manager. The prospective Construction Manager in making a Proposal represents and warrants to the Architect and the District as follows:

4.6.1 The Construction Manager has read and understands the Proposal Documents and Contract Documents and the Proposal is made in accordance therewith.

4.6.2 The Construction Manager has visited the site, become familiar with site and local conditions under which the Work is to be performed, and has correlated the Construction Manager’s personal observations with the requirements of the proposed Contract Documents.

4.6.3 The Proposal included all materials, equipment, systems, fees, and labor required by the Proposal Documents, except as otherwise noted in the Proposal.

4.6.4 The Construction Manager accepts all the terms, conditions, and provisions contained in the Proposal Documents, without exception.

4.6.5 The Construction Manager has registered and is participating in the Status

Verification System to verify the work eligibility status of the Construction Manager’s new employees that are employed in the State of Utah in accordance with UTAH CODE ANN., §63G-12-301, RFP - CM/GC (SFJHS Rebuild) et seq. The Construction Manager will require that the following provisions be placed in each subcontract at every tier: “[Subcontractor] shall certify to the [Construction Manager] by Affidavit that [Subcontractor] has verified through the Status Verification System the employment status of each new employee of [Subcontractor], all in accordance with UTAH CODE ANN., §63G-12-301, et seq., and shall comply with all applicable employee status verification laws. Such Affidavit must be provided prior to the notice to proceed for the Subcontractor to perform any portion of the work.”

The Construction Manager shall protect, indemnify, and hold harmless the District and its board members, employees, agents, representatives, and anyone that the District may be liable for, against any claim, damages, or liability arising out of or resulting from the violation of this Section whether violated by employees, agents, or contractors of: (a) the Construction Manager; (b) any Subcontractor or Sub-Subcontractor at any tier; and/or (c) any entity or persons from whom the Construction Manager or Subcontractor may be liable. The District will not consider a Proposal for award, nor will it make any award where there has not been compliance with this Section. Manually or electronically signing the Proposal is deemed the Construction Manager’s certification required by all applicable status verification laws, including UTAH CODE ANN., §63G-12-301, et seq.

4.6.6 The Construction Manager hereby warrants and represents to the District that it has verified all of its Subcontractors and Material Suppliers to assure that none of them are listed on the United States Government, General Services Administration, System for Award Management (SAM) database of excluded entities. The SAM excluded entities list (formerly EPLS) provides information regarding individuals and entities that are debarred, suspended, proposed for debarment, excluded or disqualified under the non-procurement common rule, or otherwise declared ineligible from receiving federal contracts, certain subcontracts, and certain federal assistance and benefits (see https://www.sam.gov/SAM). The Construction Manager shall protect, indemnify, and hold harmless the District and its board members, employees, agents, representatives, and anyone that the District may be liable for, against any claim, damages, or liability arising out of or resulting from the violation of this section whether violated by employees, agents, or contractors of: (a) the Contractor; (b) any Subcontractor or Sub-Subcontractor at any tier; and/or (c) any entity or persons from whom the Contractor or Subcontractor may be liable.

4.6.7 The Construction Manager hereby represents and warrants to the District and

Architect that all information and documentation provided in the submission of its Proposal is true and complete.

4.7 Receipt of Proposal. Proposals will be received electronically through the Utah Public Procurement Place (U3P) website at https://utah.bonfirehub.com/portal/?tab=openOpportunities, Solicitation #NSD-RP26-0401, until Tuesday, April 21, 2026 at 2:00 PM MDT. Proposals must contain all requested information to be considered a responsive proposal.

4.7.1 The District reserves the exclusive right to release any publicity relating to the Proposals, the Work, and these Projects. It is the prospective Construction Manager’s sole responsibility to see that its Proposal is received by the proper time in the proper location. ANY PROPOSAL RECEIVED AFTER

THE SCHEDULED CLOSING TIME FOR RECEIPT OF PROPOSALS WILL NOT BE CONSIDERED AND

WILL BE RETURNED TO THE PROSPECTIVE CONSTRUCTION MANAGER UNOPENED.

4.7.2 Proposals may be withdrawn by the Construction Manager, either in person or by written request personally delivered, prior to, but not after the time fixed for the close date on the Utah Public Procurement Place website. Once the solicitation has been closed, Proposals may not be withdrawn or modified and must remain fixed as submitted for ninety (90) calendar days after the close date on the Utah Public Procurement Place website. Mistakes may be corrected and the correct offer considered only if: (a) the mistake and the correct offer are clearly evident on the face of the Proposal, in which event the Proposal may not be withdrawn; or (b) the mistake is not clearly evident on the face of the Proposal but the Construction Manager submits proof of evidentiary value which clearly and convincingly demonstrates both the existence of a mistake and the correct offer and the correction would not be contrary to the fair and equal treatment of other Construction Managers. Mistakes after award shall not be corrected. Withdrawn Proposals may be resubmitted prior to the date and time of the initial scheduled Proposal closing date on the Utah Public Procurement Place website provided such Proposals then comply with these Proposal Documents. The Construction Managers must ensure that the amount of the Proposal Bond(s) is sufficient for the Proposals as modified or resubmitted.

https://www.sam.gov/SAM https://utah.bonfirehub.com/portal/?tab=openOpportunities

RFP - CM/GC (SFJHS Rebuild)

4.8 Addenda. Any Addenda issued during the time of bidding, or forming a part of the Proposal Documents, shall be covered in the Proposal and shall be made a part of the Contract Documents. Each prospective Construction Manager shall ascertain prior to submitting a Proposal that the Construction Manager has received all Addenda issued, and the prospective Construction Manager shall acknowledge their receipt in its Proposal.

4.9 Prior Approvals and Substitutions. In order to establish a standard, wherever possible several acceptable brands of equipment, manufactured articles, or methods of construction have been identified in the Contract Documents. In such cases, it is not intended to close the Contract Documents against other brands, articles, or methods which may warrant consideration; provided, however, that in all cases such substitution shall be subject to the prior approval of the Architect and the District as provided in the Contract Documents, and shall be immediately brought to the attention of the Architect and the District.

4.9.1 Prior Approvals. Requests for prior approval of items not explicitly specified may be made to the designated Contacts in writing and with sufficient time allowed for a reply to potential Construction Managers before the submission of their Proposals. Oral explanations or instructions given before the closing date on the Utah Public Procurement Place website shall be non-binding.

4.9.1.1 Fully detailed technical data, references, and information shall be furnished simultaneously with the requests for prior approval of items.

4.9.1.2 Such requests will be given due consideration by the Architect and the District, and in the event of acceptance, will be included in Addenda to the Proposal Documents.

4.9.1.3 The Base Proposal shall include the furnishing of only those items which are explicitly specified in the Proposal Documents or which have received prior approval by Addendum as herein provided.

4.9.2 Substitutions. In addition to the Base Proposal, any prospective Construction Manager may, at its option, submit a substitute Proposal for any items specified which it feels warrants consideration by the District. The proposed substitution is to be listed where indicated on the Proposal form.

4.9.2.1 Any proposed substitute submitted by a prospective Construction Manager shall include the amount by which the Base Proposal would be added to or deducted from by said substitute, and must include costs incurred by other trades who may be affected by proposed substitution. No additional costs will be granted to the Construction Manager.

4.9.2.2 The District may accept or reject any substitution proposed in its sole and absolute discretion, as determined to be in the best interests of the District; however, unless this Request for Proposals is amended during discussions, as provided herein, in determining the lowest responsive and responsible offer only the Base Proposal and Alternates requested by way of Addenda will be considered.

4.9.2.3 On demand of the District or the Architect, the prospective Construction Manager, at its own expense, shall furnish information or data concerning the item offered by it as a substitute, including drawings, cuts, performance, test data, and any other information necessary for an evaluation. A statement setting forth any changes in other materials, equipment, or Work that incorporation of a substitute would require shall also be included. If the District shall so require, the prospective Construction Manager, at its own expense, shall have said item tested by an approved testing laboratory under the direction of the Architect as to its physical and performance characteristics.

4.9.2.4 Many items specified are by brand name, and details are drawn with them explicitly in mind. If, however, a prospective Construction Manager desires to substitute (by the approval methods set forth herein) then the prospective Construction Manager shall first obtain the written consent of the Architect and the District and shall be totally responsible for any and all changes in its Work or in other trades’ work which becomes necessary in order to accommodate the proposed substitution. Prior approvals by the Architect or the District are for compliance to standards and design concepts only, and the Construction Manager assumes the responsibility for quality, dimensions, sizes, capacities, fabrication, and installation techniques, coordinating its work with other trades and any other work required in order to provide the District with a complete, safe, and legal substitution, acceptable to the Architect and the District.

RFP - CM/GC (SFJHS Rebuild)

4.9.3 Addenda. Any Addenda issued during the time of bidding, or forming a part of the Proposal Documents, shall be covered in the Proposal and shall be made a part of the Contract Documents. Each prospective Construction Manager shall ascertain prior to submitting a Proposal that the Construction Manager has received all Addenda issued, and the prospective Construction Manager shall acknowledge their receipt in its Proposal.

4.10 Award of Proposal and Execution of Contract.

4.10.1 Consideration of Proposals. After the Proposals have been opened and the names of the prospective Construction Managers have been identified, the Architect and the District will analyze and compare the results of all Proposals. The analysis will be based on the Base Proposal, Alternate Proposals, and the additional information required to be provided by the Construction Manager in the Proposal Documents. Proposed substitutions to the Work which were not approved in advance by the Architect and District will not be considered in determining the most advantageous offer to the District made by a Construction Manager or the award of the contract.

4.10.2 Rejection or Acceptance of Proposals. It is the intent of the District to award a contract for the Work to the Construction Manager whose Proposal is the most advantageous to the District, provided the Proposal has been submitted in accordance with the requirements of the Proposal Documents, bond financing has been approved for the Project, and the Proposal does not exceed the funds available for the Work contemplated by the Proposal.