1-RFP Documents CMGC Fire Station 65.pdf

Request for Proposals Construction Manager/General Contractor Services for the City of South Jordan – Fire Station 65 Facility

RFP #2026-025

1.0 PURPOSE

South Jordan City is seeking PROPOSALS from Construction Manager/General Contractor (CM/GC) firms to construct a new Fire Station 65 at 7092 W. South Jordan Parkway, South Jordan, UT. CM/GC’s are to submit formal proposals for the project through the city purchasing portal Bonfire.

The information provided herein is intended to assist proposers in the preparation of proposals necessary to properly respond to this RFP. The RFP is designed to provide interested proposers with sufficient basic information to submit proposals meeting minimum requirements, but is not intended to limit a proposal's content or exclude any relevant or essential data therefrom. Proposers are at liberty and are encouraged to expand upon the specification written herein. The City of South Jordan will not be liable for any costs proposers may incur in the preparation or presentation of this proposal. The City of South Jordan reserves the right to cancel or modify this solicitation at any time as it deems necessary, in its sole discretion that such measures are in the City’s best interest.

The CM/GC and the City will enter into an agreement where all provisions must be in compliance with established State and Local laws and ordinances of the State of Utah and its political subdivisions.

2.0 PROJECT DESCRIPTION

The City seeks to hire a qualified CM/GC to guide the City through pre-construction phase and construction of a new Fire Station 65 Facility as described within this RFP. The City anticipates the CM/GC will provide pre-construction and construction services in conjunction with the Design Team lead by the architect, Babcock Design Group, also referred to within this RFP as “Architect”. The CM/GC shall work proactively with the Architect and the City to design a project within the approved construction budget.

It’s expected that the Design Team will be nearing the end of schematic design when the CM/GC comes on board.

A. Fire Station 65: The facility will function as a 1+ company fire station and will include space for community meetings. The facility includes office space, living quarters, kitchen, exercise room, apparatus bays and storage rooms. The estimated size of the building is 23,500 SF.

B. See Attachment B for additional concept drawings to illustrate the expected scope of work.

3.0 GENERAL PROPOSAL INSTRUCTIONS AND REQUIREMENTS

3.1 Proposed Schedule:

Release of Request for Proposals: ------------------- 08/26/2026 Mandatory Preproposal Meeting: ------------------- 10:30am, 09/09/2026 Last Day to Submit Questions: ------------------------ 09/11/2026 Last Day of Final Addendum Issued: ---------------- 09/14/2026 Proposals Due: -------------------------------------------- 3:00pm, 09/16/2026 Interview Date (TBD): ---------------------------------- To Be Determined Expected Award Date: ---------------------------------- 09/23/2026 https://maps.app.goo.gl/sT5qtFJdCT6zn53L9

3.2 Proposers must submit an electronic (PDF) version of their proposal and any additional documentation via the Euna Procurement portal (Bonfire).

PROPOSALS WILL BE LIMITED TO 25 PAGES, TOTAL.

Page count includes all pages; NOT including covers and tabs / dividers. Each page shall be 8.5 x 11, portrait format, and (4) of the allocated pages may be a full spread (11x17)

3.3 As a separate electronic file, Proposers shall submit their proposed fee schedule for the project, in the format identified within the Submission Requirements section.

3.4 The City reserves the right to award a contract based solely on the merits of the initial

Proposal submitted. The City, however, also reserves the right to request an interview following the proposal submittal. In light of this, Proposers are encouraged to submit the most complete and favorable qualifications, service approach and cost information available.

3.5 The legal status of the Proposer, whether a corporation, partnership, limited liability company or individual, shall be stated in the proposal. A corporation shall execute its proposal by its duly authorized officers in accordance with its corporate by-laws and shall indicate the State in which it is incorporated. A partnership shall give full names and addresses of all partners. Partnerships and individual proposers shall be required to state in the proposal the names of all persons interested therein. A limited liability company shall execute the proposal by its members or authorized manager.

3.6 If the proposer is a joint venture consisting of a combination of any or all of the above entities, each joint venture party shall execute the proposal. Anyone signing a proposal as an agent of another or others shall submit with their proposal, legal evidence of their authority to do so. The place of residence of each proposer, or the office address in the case of a contractor or company, email address, telephone number and fax number, shall be given after his/her signature.

3.7 All proposers must be properly licensed to conduct business in the State of Utah. Proof of all applicable professional licenses is required.

3.8 The selected CM/GC will be required to enter into a written contract with the City of

South Jordan to provide the services required in the RFP and in an APWA 00500, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed

Maximum Price. A draft of the Agreement is included in Attachment C. Note, this is two-part contract, wherein a formal Contract for Construction services is contingent upon the City agreeing to a Guaranteed Maximum Price provided by the CM/GC.

4.0 COMMUNICATION, ADDENDA AND EXPLANATIONS

4.1 All questions and requests for explanations must be submitted through the Euna

Procurement portal (Bonfire) in the Public Q&A tab under the Message section.

4.2 Responses to questions and requests for explanations and any Addenda will be posted through the Euna Procurement portal. Proposers will be responsible to monitor and verify any postings there to obtain updated information.

4.3 Addenda issued to proposers shall be considered part of the RFP and, therefore, incorporated as part of the Contract Agreement (by reference) and all proposals shall include the work described in the Addenda.

5.0 CM/GC SCOPE OF SERVICES

5.1 The CM / GC services shall include the following services and activities:

1. Collaborate with the City and Design Team throughout the design / pre-construction phases of this project providing insight and recommendations on construction sequencing, project phasing, construction methods, product availability, etc. This scope anticipates regular, weekly or semi-monthly meetings with the City and Design Team in person (as well as virtually), but will also include coordination meetings directly with the Design Team.

2. The project's Preconstruction Phase considers cost/budget estimating updates to be actively managed through the full extent of design, with specific budget updates provided to the City and Design Team at the end of Schematic Design, 90% Design Development, 50% Construction Documents and 90% Construction Documents.

At each project milestone, the CM/GC shall be expected to provide:

• Detailed Construction Cost Estimates with Allowances, Contingencies and CM/GC costs clearly identified. Comparative cost estimates will be needed to select materials, assemblies and systems for the project;

o Note, Construction Cost Estimates shall be kept current between project milestones and updated as design changes are made.

o The CM/GC will work collaboratively with the City, Design Team, and potential subcontractors to ensure alignment and consensus on project costs.

• Written Constructability Reviews to familiarize the Construction Team with the varying building assemblies, but also to advise on construction sequencing and preferred methods of construction.

3. Evaluation of material options and building systems. This scope will include providing constructability, lead time and cost study on potential building materials, assemblies and systems.

4. Develop CPM Project Schedule.

5. CM/GC shall be expected to obtain and award sub bids per the Construction

Documents and approved modifications. A minimum of three sub-bids (from sub-contractors approved by the City) may be required on all items and the City will have “open book” access to all bids received.

6. Construction must comply with all applicable building codes, zoning ordinances and licensing regulations.

7. Applicant must provide complete construction services utilizing the appropriate professional contractor license in the state of Utah for the scope of work identified.

8. The Contractor shall coordinate with the Architect and provide all information necessary to obtain the building permit. The City will not charge fees for the building permit, City plan review, or standard City inspections.

9. The City will separately contract with an independent testing and special inspection firm to perform the testing and special inspections. The City’s testing and special inspection services do not relieve the Contractor of its responsibility to perform and maintain its own quality control and quality assurance program or to comply with all requirements of the Contract Documents. The Contractor shall coordinate with the City’s testing and special inspection firm and provide timely notice of required testing and inspections, access to the Work, and reasonable assistance. The Contractor shall be responsible for the cost of any retesting or additional inspections necessitated by defective or nonconforming Work.

10. Builders Risk Insurance will be paid by the City.

11. Guarantee the work for at least one (1) year after Substantial Completion and correct deficiencies discovered during the warranty period.

6.0 REQUIRED STATEMENT OF QUALIFICATIONS SUBMITTAL

Each submission shall include the following:

6.1 Cover Letter / Summary Statement – The proposal will have a cover letter indicating the contractor’s willingness to enter into an agreement with the City. An officer of the company who has the authority to commit to the proposed project must sign this letter.

Proposals will include the full name, legal status (corporation, state of incorporation, partnership, proprietorship, etc.), and a business address of the Proposer and telephone number. Please include one or two e-mail addresses where you could be notified of an interview, if needed. The proposal will be signed by a principal of the business who is authorized to execute the contract. The name of the principal and their business title will be included in the signature element in either type or print. Penciled signatures or notations will not be accepted. The Cover Letter shall include a brief statement that summarizes the unique qualifications of the proposer in relation to the unique and general requirements of this project. Include an acknowledgement of receiving any

Addenda (if applicable). Boiler-plate summary statements will not be looked upon favorably.

6.2 Proposed Project Team Organization and Qualifications – Provide an Organizational

Chart of all major participants of the contractor’s proposed Project Team. Include resumes of principals, project manager, project engineer, cost estimator, superintendent(s), and/or other primary representatives who will be directly involved in the overall project, both in preconstruction and construction.

6.3 Evidence of current professional licensing in the State of Utah.

6.4 Project Experience – Provide information for at least five projects that demonstrate the proposer’s ability to accomplish this project. For each project identified, provide the following information: Owner, Description, Photo, Square Footage, Budgeted Cost vs.

Actual Cost, Project Schedule vs. Actual Schedule, and Project Relevance. Provide a reference for each project listed.

6.5 Proposed Project Approach — Outline the tasks, any special approaches, and the plan for completion. Innovation and alternatives to the proposed project scope are welcome to be included in this section. Include a projected Construction Schedule as part of this section.

6.6 Fee Schedule — Furnish one copy of Attachment A, CMGC Fee and Cost Schedule.

The City desires the selected CM/GC entity to help determine the estimated

Construction Budget based on Construction Documents provided by the Architect which will identify the potential scope of work for the project.

a. For the purposes of establishing a Fee Schedule, the following Owner’s

Construction Budgets shall be used;

Item Qty Cost/SF Total

(rounded)

Building 23,528 $500 $12,000,000

Site Development 70,000 $60 $4,000,000

TOTAL CONSTRUCTION BUDGET

(basis for calculating CM/GC fees) $16,000,000

Owner-Controlled Contingency 5% - excluded from fee calculations $800,000

The CM/GC shall calculate its Overhead and Profit, General Conditions, Supervision Fee, Performance and Payment Bonds, and any other percentage-based fees using only the $16,000,000

Construction budget. The $800,000 Owner-controlled Contingency shall not be included in the basis for calculating any fee, bond, markup, or percentage-based cost.

7.0 GENERAL TERMS AND CONDITIONS

7.1 OWNER-CONTROLLED CONTINGENCY

The City will maintain a Construction Contingency throughout the duration of the project, from Design through Construction. The amount of the contingency may be reduced after construction milestones are achieved, and the City may elect to incorporate additional elements into the Project using any Contingency money. These project additions would be incorporated via formal Change Order, in which case the

CM/GC shall provide construction costs and schedule impacts, if any, associated with the proposed change. This Owner-controlled Contingency is expected to be 4-6% of the established Construction Budget and inclusive in the Construction Budget, to properly account for potential increased cost due to changes in the work, made at the discretion of the City, that were not anticipated by the City and are beyond the control of the City and/or the CM/GC at the start of construction, and for possible cost escalation(s), if any.

The Owner-controlled Contingency is a fund allocation intended to cover, but is not limited to, the following:

a. City directed design or scope changes;

b. Design errors or omissions;

c. Unforeseen conditions;

d. Possible material cost escalations, if any;

e. To the extent possible, “scope gap” shall not be a valid use of Contingency, but this would be evaluated on a case-by-case basis.

The Contingency value is inclusive of the CM/GC’s fees (Overhead and Profit, General

Conditions, Performance and Payment Bonds, etc.), therefore, the Contingency value shall be expressed as a line item in the CM/GC’s cost breakdown without these percentages applied. In the event that a use of Contingency funds is approved which impacts the construction duration, the pre-determined General Conditions value will be applied to the contract duration extension as part of the standard Change Order process.

7.2 Fixed Fee for Pre-Construction Services. See list of the minimum expected Pre-

Construction Services.

7.3 Fee for Change Orders. Approved Change Orders shall be based on actual, reasonable, and documented costs and calculated in the following order:

a. Direct Costs: Labor and applicable burden, materials, equipment, and subcontracted work required to perform the changed Work.

b. Construction Supervision and Management Fee: The fee identified in

Attachment A may be applied to the CM/GC’s direct costs for self-performed

Work and to Subcontractor direct costs.

c. Additional General Conditions: Allowed only for a City-approved extension of the Contract Time and calculated by prorating the monthly General Conditions amount identified in Attachment A.

d. Performance and Payment Bonds: After all other allowable costs and fees are calculated, the bond rate identified in Attachment A may be applied to the net increase in the bonded Contract Price.

e. No Compounding of Markups: Except for the bond rate allowed under

Paragraph d, no overhead, profit, fee, or other percentage-based charge may be applied to another markup or percentage-based charge.

7.4 The City reserves the right to cancel an award at any time before execution of the contract by both parties if the cancellation is deemed to be in the City’s best interest. In no event shall the City have any liability for the cancellation of the award. The contractor assumes the sole responsibility for all expenses connected with the preparation of this proposal.

8.0 SELECTION PROCESS

8.1 Proposals shall be evaluated according to the following criteria:

Evaluation Criteria Possible Points

Cover letter with the information detailed in Section 6.1 Pass/fail

Evidence of license in Utah as described in Section 6.3 Pass/fail

Proposed team, as detailed in Section 6.2 25

Relevant Experience, as detailed in Section 6.4 30

Proposed Approach and Schedule as described in Section 6.5 demonstrating the ability of the contractor to meet the requirements of the Scope of Services to be performed and reduce the impacts to the operation of the facility.

Proposed CMGC Fee and Cost Schedule (Attachment A) 15

Total Points Available 100

8.2 The City may consider as incomplete any proposal not prepared and submitted in accordance with the provisions herein and may waive any informalities or reject such proposal for lack of formality.

9.0 CONTRACT AND PROPOSAL INFORMATION

Submitting a proposal acknowledges you have read, understand, and agree to be bound and fulfill the requirements and terms and conditions of this solicitation.

9.1 GMP: It is anticipated the CM/GC will provide a Guaranteed Maximum Price (GMP) after completion of the Construction Documents. If the CM/GC fails to provide a GMP that is acceptable to the City, the City may at their option (1) increase the project budget (2) require the CM/GC work with the City and the Architect to develop value-engineering alternatives to reduce the GMP, or (3) terminate the agreement with the CM/GC and commence negotiations with the next ranked CM/GC or (4) terminate the agreement with the CM/GC and follow alternate bidding procedures. The CM/GC will be compensated for past pre-construction consulting per the amount identified within the contractor’s proposal.

9.2 Pre-Construction Completion: The City has the option to continue with the CM/GC into the Construction Phase of the Project. This is a two-part Agreement. The City reserves the right to:

a. Cancel the project at any time;

b. Not extend the construction phase contract to the selected pre-construction phase

CM/GC, if the City believes this is in the best interest of the project;

9.3 In house or Sub-Contractor: The CM/GC may build anything with its own forces. CM/GC will provide three (3) competitive bids for all self-performed work. For all CM/GC self-performed work, the CM/GC shall provide the City with a sealed bid 24 hours prior to receipt of sub-contractor bids. The CM/GC shall identify all anticipated (or potential) self-performed work in the Proposal.

9.4 Project Review: Books are open, organized for monthly City/Architect review, with separate general conditions, fee, and contracted work correlated with the construction cost estimate.

9.5 Managing Contracts: A “CM/GC” is expected to know how to manage contracts with subcontractors. Therefore, a change in contractual or market conditions will not be a justification for an increase in costs.

9.6 Damages: Liquidated Damages will be imposed at $500.00 per calendar day beyond

Substantial Completion as defined within APWA 00500.

9.7 Contract: The contract form will be APWA 00500.

9.8 General Conditions: As published in Document 00 72 00 in the Manual of Standard

Specifications, 2017 Edition by the Utah Chapter of the American Public Works

Association. The manual is available at https://utah.apwa.org/documents/.

9.9 Firm Pricing: All prices, quotes, or proposals are to remain firm for the duration of the project from submittal of RFP to final contract. Any proposal, which does not offer to remain firm for the required period, may be considered to be non-responsive.

9.10 Laws of the State of Utah: All contracts pursuant to acceptance of the Proposer's proposal will be interpreted, construed, and given effect according to the laws of the

State of Utah and the Ordinances of the City of South Jordan. No contract will be assigned, in whole or in part, without the written consent of the City.

9.11 Licensing: All applicable federal, state, and local licenses must be acquired before the contract is entered into. Licenses must be maintained throughout the entire contract period.

9.12 Persons doing business as an Individual, Association, Partnership, Corporation, or otherwise, shall be registered with the Utah State Division of Corporations and

Commercial Code. NOTE: Forms and information on registration may be obtained by accessing: www.commerce.utah.gov.

9.13 Public Domain: Proposers are advised that Utah law and City ordinances provide that, upon full execution of a contract subsequent to the RFP, the contents of the awarded proposal received pursuant to said request may be placed in the public domain and become public records subject to examination by any interested parties in accordance to the Government Records Access Management Act (GRAMA), Utah Code Ann. 63G-2-

101 et seq. Please refer to Section I above for specific details regarding the protection of certain information.

9.14 Changes or Modifications: Any changes or modification to the Request for Proposal will https://utah.apwa.org/documents/ be accomplished in writing by addendum. Addenda will be issued via the Euna

Procurement Portal. A Proposer submitting a proposal based on any information other than that which is contained in the RFP, or any addenda thereto, do so at their own risk.

9.15 Receiving Proposals: The City’s Point of Contact will administer receipt of all proposals.

After the closing time, only the identity of each Proposer will be made public. If only one proposal is received, the City’s Point of Contact, may recommend an award of a contract to the single Proposer if the proposal is responsive.

9.16 Modifying or Withdrawing Proposals: Proposers may modify or withdraw their proposals at any time prior to the proposal due date. Proposers may withdraw their offer if the City and Proposer cannot agree on contract terms.

9.17 Rejection of Proposals: The City reserves the right to reject any or all proposals, to waive any minor irregularity or technical error in the form of proposals or in compliance with the instructions to proposers, and to stop the selection process at any time it is in the best interests of the City. Any proposal containing significant deviations, as defined by the City, from the specifications of the RFPs will be rejected as non-responsive.

Proposers claiming minor irregularities or technical errors must assume the burden of identifying them and justifying them to the City for the proposal to receive consideration.

9.18 Independent Contractors: Proposer agrees that if they enter into a contract with the

City, they are independent contractors and have no authority, express or implied, to bind the City to any agreements, settlements, liability, or understanding whatsoever with any third party.

9.19 Free and Competitive Bidding: Any agreement or collusion among prospective Proposers to fix a price or limit competition shall render the proposal void and such conduct shall be unlawful and subject to criminal sanction.

9.20 Insurance: If awarded the contract, Proposers will, at their sole cost and expense, secure and maintain during the term of the contract, including all renewal or additional terms, insurance coverage and required performance and payment bonds.

10.0 INSURANCE

Contractor shall provide the following minimum insurance coverage or greater if required by law. All such insurance shall be primary to any insurance maintained by the City, and Contractor shall name City as additional insured with waiver of subrogation on the liability insurance coverage:

• Workers’ Compensation Insurance: Coverage must meet or exceed the statutory limits required by the State of Utah

• Commercial Automobile: Insurance shall be written with combined single limits of not less than $1,000,000 each occurrence.

• Commercial General Liability - A minimum of One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage, and not less than Two Million Dollars ($2,000,000) in the aggregate. The general aggregate limit shall apply separately to the specific project, or the general aggregate limit shall be two (2) times the required occurrence limit. The coverage shall be in the nature of Broad Form

Commercial General Liability coverage, and shall specifically include, at minimum, the following coverages:

o Premises - Operations;

o Product - Completed Operations Hazard;

o Broad Form Contractual Insurance;

o Independent Contractors;

o Comprehensive Form;

o Automotive;

o Broad Form Property Damage; and o Personal Injury.

o Other insurance requirements may be required.

• If the coverages described above are not in place at the time a proposal is submitted, the

Contractor should describe in detail what types and levels of coverage are in place currently, and clearly indicate the Contractor’s ability and willingness to obtain the above listed coverage if required by the City.

• The Contractor shall maintain all employee related insurance, in the statutory amounts, such as unemployment compensation, worker's compensation, and employer's liability, for its employees or volunteers involved in performing services pursuant to this Contract.

• The Contractor shall submit certificates of insurance listing the City as additional insured as evidence of the above required coverage to the City prior to the commencement of this

Contract. Such certificates shall provide the City with thirty (30) calendar day's written notice prior to the cancellation or material change of the applicable coverage, as evidenced by return receipt or certified mail, sent to the above address.

• The Contractor shall not commence Work under this Agreement until all of the insurance required herein shall have been obtained by the Contractor. The Contractor shall furnish to the City Certificates of Insurance verifying that such insurance has been obtained. Such certificates will provide that the City will receive at least thirty (30) days prior written notice of any material change in, cancellation of, or non-renewal of such insurance.

Builders’ Risk Insurance: The City will provide Builders’ Risk Insurance for the project unless the

Contractor identifies and obtains alternative coverage that, in the City’s judgment, offers protection equal to or greater than that provided under the City’s policy.

11.0 DISCLOSURE

1. Once the RFP is released, communication of any kind made regarding this Proposal with any City employee or committee member other than the listed contact person in this RFP is prohibited. Any such contact could disqualify a Consultant from being awarded this RFP.

2. Award of the Proposal does not guarantee any purchase will take place. The City does not guarantee that any or all of the planned purchases will take place.

3. In order to access the State of Utah's procurements online, you must register as a contractor on the Bonfire website, https://utah.bonfirehub.com/. If you require assistance during the registration process, you may contact support.bonfire@eunasolutions.com. Registration, email notifications, and electronic responses for all sourcing events (bids, RFPs, etc.) are free under the State of Utah contract with Bonfire. Registration with the Utah Supplier Portal is limited to procurements conducted by the State of Utah and political subdivisions of the State of Utah. Go to this link for a vendor support article that covers vendor registration in detail: https://vendorsupport.gobonfire.com/hc/en- us/articles/15646869029783- Vendor-Registration.

4. Submit proposals through Bonfire electronically by the close date listed in Bonfire. It is the sole responsibility of the Consultant to submit the proposal before the scheduled time. Any questions regarding how to use the Bonfire program, including how to submit a proposal, download and upload documents, etc., should contact support.bonfire@eunasolutions.com.

5. It is the responsibility of any potential Consultant to check for updates. Any addendums or updates will be posted through Bonfire. The City is responsible to post any and all updates to questions through Bonfire; it is the potential Consultant’s responsibility to ensure they are checking for updates.

6. Any proposal may be withdrawn prior to the date and time the proposals are due. Any proposal not withdrawn will constitute an irrevocable offer, for a period of ninety (90) days, to provide the City with the services/product specified in the proposal.

7. Any proposal emailed or not sent electronically through Bonfire will not be considered. It is not the responsibility of the City to inform Consultant what they must submit through Bonfire; it is the sole responsibility of the Consultant to read this RFP and follow all conditions.

8. The City of South Jordan reserves the right to reject any or all RFP’s or any part, thereof; to waive informalities; to negotiate and agree to contract terms with the successful proposal; to disregard non-conforming, non-responsive, unbalanced or conditional proposals, and to re-advertise if it is in the best interest of the City to do

so. It shall be the sole responsibility of the proposer to upload their documents onto the Bonfire website prior to the deadline. Failure to submit required documents or follow any of the listed conditions in this RFP may result in the Proposal being disqualified, but it is the sole discretion of the selection committee to do so https://linkprotect.cudasvc.com/url?a=https%3a%2f%2futah.bonfirehub.com%2f&c=E%2C1%2CbdaKOhZnGnLkAjcHoHSiKD90VVBU_3_QtBVopJu6K_VHehNMan2UL1Pv7b_7vGyWZ-1aAFM1u0GEmqvIpniag-GESkb20ijdhVRCyC4Uqpdouvg%2C&typo=1&ancr_add=1 mailto:support.bonfire@eunasolutions.com https://vendorsupport.gobonfire.com/hc/en-us/articles/15646869029783-Vendor-Registration https://vendorsupport.gobonfire.com/hc/en-us/articles/15646869029783-Vendor-Registration https://vendorsupport.gobonfire.com/hc/en-us/articles/15646869029783-Vendor-Registration mailto:support.bonfire@eunasolutions.com consistent with the Purchasing Policy and the best interests of the City.

9. All questions must be submitted via Bonfire by the Q&A date/time deadline posted in Bonfire. Any question emailed or asked of staff will not be answered.

Instead, potential Consultants will be directed to go to Bonfire and submit their questions via the Question and Answer function in Bonfire.

10. Any product or services that have been omitted from this specification that is clearly necessary for completing the work shall be considered a requirement although not directly specified or called for in this proposal.

Attachment A

CM/GC FEE and COST SCHEDULE

As part of Section 6 of the Request for Proposals, this Fee Schedule Form is provided for convenience to the Proposers and to assist the Selection Committee with the evaluation process. It should be completed by an authorized agent of the Proposer and submitted as a separate PDF document (not as part of the Proposal document).

The undersigned, responsive to the "Request for Proposals Construction Manager/General Contractor Services for the City of South Jordan Fire Station 65 Facility", propose the following Fees at the costs, percentages and/or prices stated below. These values are to cover all expenses incurred in the performance of the services as outlined herein – both in the pre-construction and construction phases - and in our Qualifications Submission, of which this Fee and Cost Schedule is a part.

NAME OF PROPOSING COMPANY:

NAME, DATE and SIGNATURE OF COMPANY REPRESENTATIVE:

DESIGN PHASE / PRE-CONSTRUCTION SERVICES FEE:

For the Design Phase / Pre-Construction Phase, and associated services outlined in the RFP, I / We agree to perform these professional Services for the lump sum of:

Provide written and numerical value.

1. CONSTRUCTION MANAGER / GENERAL CONTRACTOR’S GENERAL CONDITIONS:

To provide clarity, the Owner considers a General Contractor’s “General Conditions” to be inclusive of the direct and indirect costs (sometimes referred to as General Conditions and General Requirements) associated with the appropriate service, management and performance of delivering the Construction Phase of the Contract.

Typically, these General Conditions will include costs & expenses for a wide range of construction support items including, but not limited to: temporary facilities; project management software; phone / communication costs; construction supervision; mobilization / demobilization; accounting / administrative support; general liability insurance (per section 10 of RFP); temporary utilities; erosion control / SWPPP; cleaning; field office & supplies; safety & site security; etc.

Because every General Contractor defines their GC’s differently, the Selection Committee would like to understand what is included in each Proposer’s General Conditions as a basis of comparison and in order to more objectively assess a CMGC’s total value. On a separate page, provide a comprehensive list of the Proposer’s General Conditions. If supervision, administrative or other personnel expenses are NOT a part of the identified GC’s, the assumption is those costs are part of the Supervision and Management Fee, unless otherwise noted. Costs per line item are not required.

Provide the Proposer’s expense for General Conditions.

For the General Conditions associated with executing the Work as a part of the Construction Phase of the Contract, I/we agree to perform for the Lump Sum of:

Which is based upon a monthly General Conditions cost of:

And an expected Construction Duration of:

Provide numerical value of months.

2. CONSTRUCTION SUPERVISION AND MANAGEMENT FEE:

Including the CMGC’s Overhead and Profit, provide the cost value (as a percentage of the Owner’s Construction Budget), of the Contractor’s Supervision and Management expense for the duration of the Construction Phase.

For the Construction Supervision and Management Fee associated with executing the Work as a part of the Construction Phase of the Contract, I/we agree to perform for the percentage of:

Provide written and numerical value as a percentage.

3. CONTRACTOR’S PERFORMANCE & PAYMENT BONDS:

The Owner requires the CM/GC to provide Performance and Payment Bonds equal to 100% of the Construction Phase Contract value.

For all work during the Construction Phase of the contract, I/we agree to provide performance and payment bonds calculated using the percentage indicated below:

Provide written and numerical value as a percentage.

jnielson Text Box

ATTACHMENT B - PRELIMINARY DRAWINGS

Agreement

00500 - 1

DOCUMENT 00500

AGREEMENT

PART 1 GENERAL

1.1 CONTRACTOR

A. Name:

B. Address:

C. City, State, Zip:

D. Telephone:

E. Facsimile:

1.2 OWNER

A. OWNER: City of South Jordan Corporation, a municipal corporation of the

State of Utah, 1600 West Towne Center Drive, South Jordan City, Utah 84095.

1.3 CONSTRUCTION PROJECT

A. Project Name: South Jordan City

FIRE STATION 65

1.4 PROJECT MANAGER

A. Jeremy A Nielson, Deputy City Engineer, is the OWNER'S representative and agent for this Construction Contract who has the rights, authority and duties assigned to the PROJECT MANAGER in the Contract Documents.

1.5 CONTRACT DOCUMENTS

A. The Contractor agrees to perform the work pursuant to the contract documents, which include this Agreement and any amendments; the attached RFP, Contractors RFP Response, and CM/GC Fee & Cost Schedule; the Project Plans, Specifications and Special Provisions; and the applicable APWA General

Conditions, Standard Plans and Standard Specifications published in the Manual of Standard Specifications, 2017 Edition, published by Utah LTAP Center, jnielson Text Box

ATTACHMENT C - DRAFT CONTRACT

00500 - 2 copyright Utah Chapter APWA. The APWA manual is available at https://utah.apwa.org/documents/.

B. All provisions of the Manual of Standard Specifications, 2017 Edition and

Manual of Standard Plan, 2017 Edition both published by the Utah Chapter of

American Public Works Association are hereby made a part of the Contract

Documents by reference.

C. Any conflicts, between the special provisions (technical specifications), drawings and other provisions or documents contained in these Contract Documents versus provisions contained in the Manual of Standard Specifications, 2017 Edition and

Manual of Standard Plan, 2017 Edition published by the Utah Chapter of the

American Public Works Association, shall be resolved in favor of the special provisions (technical specifications), drawing, and other provisions contained in these Contract Documents.

D. All references to “General Conditions” or “Standard General Conditions” are to

Section 00 72 00 of the Manual of Standard Specifications, 2017 Edition published by the Utah Chapter of the American Public Works Association.

E. As outlined in the Insurance Requirements in the Bid/Proposal the City will be included as an additional insured on the contractors provided insurance policy.

PART 2 TIME AND MONEY CONSIDERATIONS

2.1 CONTRACT PRICE

A. The Contract Price includes the cost of the Work specified in the attached RFP, RFP Response and CMGC Fee & Cost Schedule, cost of all bonds, insurance, permits, fees and all charges, expenses or assessments of whatever kind or character.

B. The Schedules of Prices awarded from the Bid Schedule are as follows:

1. Design Phase / Pre-Construction Services Fee – $_________

2. Construction Manager / General Conditions – $_________

3. Constuction Supervision and Management Fee – $_________

4. Contractor’s Performance & Payment Bonds and Insurance – $_________

C. Guaranteed Maximum Price (GMP) – Upon issuance of the final Contract

Drawings and Specifications, the Contractor shall submit a GMP for completion of the Project or any applicable phase of the Project authorized for construction.

The GMP shall include all fees, percentages, General Conditions, bonds, insurance, and other costs required to complete the Work in accordance with the

Contract Documents. The GMP shall be subject to additions and deductions https://utah.apwa.org/documents/

00500 - 3 through Change Orders as provided in the Contract Documents. Costs exceeding the GMP shall be paid by the Contractor without reimbursement by the Owner, except to the extent authorized by an executed Change Order.

Execution of this Agreement authorizes only the Preconstruction Phase services.

The Contractor shall not commence Construction Phase services unless and until the City approves the GMP, the parties execute a written Agreement Amendment incorporating the approved GMP and Contract Time, and the City issues a written

Notice to Proceed for construction.

2.2 CONTRACT TIME

A. The work must be substantially complete by .

B. The OWNER anticipates that a Notice to Proceed will be given on the following date, but reserves the right to change such date:

1. Anticipated date of Notice to Proceed: __________________.

2.3 PUNCH LIST TIME

A. The Work will be complete and ready for final payment within thirty (30) days after the date CONTRACTOR receives PROJECT MANAGER'S Final

Inspection Punch List unless exemptions of specific items are granted by

PROJECT MANAGER in writing or an exception has been specified in the

Contract Documents.

B. Permitting the CONTRACTOR to continue and finish the Work or any part of the

Work after the time fixed for its completion, or after the date to which the time for completion may have been extended, whether or not a new completion date is established, shall in no way operate as a waiver on the part of the OWNER of any of OWNER'S rights under this Agreement.

2.4 LIQUIDATED DAMAGES

A. Late Completion: Time is the essence of the Contract Documents.

CONTRACTOR agrees that OWNER will suffer damage or financial loss if the

Work is not completed on time or within any time extensions allowed in accordance with Part 12 of the General Conditions (Document 00 72 00).

CONTRACTOR and OWNER agree that proof of the exact amount of any such damage or loss is difficult to determine. Accordingly, instead of requiring any such proof of damage or specific final loss for late completion, CONTRACTOR agrees to pay the following sums to the OWNER as liquidated damages and not as a penalty.

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1. Late Contract Time Completion: Five Hundred Dollars ($500.00) for each day or part thereof that expires after the Contract Time until the Work is accepted as Substantially Complete as provided in Article 14.5 of the

General Conditions.

2. Late Punch List Time Completion: 50% of the amount specified for Late

Contract Time Completion for each day or part thereof if the Work remains incomplete after the Punch List Time.

B. Survey Monuments: No land survey monument shall be disturbed or removed until PROJECT MANAGER has been properly notified and the PROJECT

MANAGER'S surveyor has referenced the survey monument for resetting. The parties agree that upon such an unauthorized disturbance, it is difficult to determine the damages from such a disturbance. The parties also agree that

CONTRACTOR will pay as liquidated damages the sum of one thousand dollars

($1,000.00) to cover such damage and expense.

C. Interruption of Public Services: No interruption of public services shall be caused by CONTRACTOR, its agents or employees, without the PROJECT

MANAGER'S prior written approval. OWNER and CONTRACTOR agree that in the event damages stipulated above shall not be deemed to be a limitation upon

OWNER'S right to recover the full amount of such damages. Because of the difficulty in determining the OWNER'S damages resulting from an unapproved interruption, the parties agree payment of the following liquidated damages to

OWNER on a per day basis does not relieve CONTRACTOR from any liability for such a utility interruption to third parties.

Utility Maximum Interruption of

Service

Liquidated Damages for each Day or Part

Thereof.

Water 12 Hours $1000 / day

Power 24 Hours $1000 / day

Sanitary Sewer 24 Hours $1000 / day

In the event that any third party successfully makes a claim against OWNER for such interruption, CONTRACTOR shall be responsible for payment of claims.

D. Deduct Damages from Moneys Owed CONTRACTOR: OWNER shall be entitled to deduct and retain liquidated damages out of any money that may be due or become due the CONTRACTOR. The extent that the liquidated damages exceed any amounts that would otherwise be due the CONTRACTOR, the

CONTRACTOR shall be liable for such amounts and shall return such excess to the OWNER.

2.5 RETAINAGE

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A. Retainage is OWNER'S Option: OWNER may, in its sole discretion, retain five percent (5%) of the value of all Work done and materials or equipment supplied as part security for the fulfillment of the Construction Contract by the

CONTRACTOR. If, in PROJECT MANAGER'S opinion, the Work is proceeding in accordance with CONTRACTOR'S approved progress schedule, and all progress schedule submittals are current and up to date, and all required payrolls, shop drawings, and miscellaneous submittals are current and up to date, the OWNER may choose not to withhold retainage.

1. Amount to be Retained: If at any time after 50% of the Work has been completed, and $50,000 or more has been retained, OWNER may make any of the remaining progress payments in full, if, in the OWNER'S sole discretion, the Work is progressing satisfactorily. OWNER may pay monthly to the CONTRACTOR while carrying on the Work, the balance not retained as aforesaid, after deducting there from all previous payments and all sums to be kept or retained under the provisions of the

Construction Contract. No such estimate of payment shall be required to be made when, in judgment of the PROJECT MANAGER, the Work is not proceeding in accordance with the Contract Documents or when in

PROJECT MANAGER'S judgment the total value of the Work done since the last estimate amounts to less than three hundred dollars ($300.00). No such estimate or payment shall be construed to be an acceptance of any defective or improper Work or materials.

2. Reducing the Retainage: As the Work nears completion and solely at the

PROJECT MANAGER'S discretion, the OWNER may reduce the retainage to an amount more in line with the Work actually remaining.

3. Retainage Held Until Final Payment: The OWNER reserves the right to retain all amounts previously withheld or due the CONTRACTOR, including liquidated damages, until all Punch List items are complete.

However, at PROJECT MANAGER'S sole option, PROJECT

MANAGER may authorize the release of up to all retained amounts except any liquidated damages and double PROJECT MANAGER'S best estimate of the CONTRACTOR'S cost to complete all remaining Punch

List items.

B. Interest: Except when CONTRACTOR is required to submit a Waiver of

Interest Affidavit and except for money retained for items not provided or installed in accordance with the Contract Documents, any money retained by the

OWNER will be placed in an interest bearing account accruing at a rate of .5% below the state pool rate held by the OWNER as of the date such money would have otherwise been payable. The interest accrued thereon will be due and payable to the CONTRACTOR within 30 days after the retained monies are paid.

2.6 PAYMENT PROCEDURES

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A. Progress Payments: CONTRACTOR shall submit Applications for Payment in accordance with Part 14 of the General Conditions (Document 00 72 00).

Payment shall not become due or payable for any contract item not provided or installed by CONTRACTOR.

1. Withholding Payment: OWNER reserves the right to withhold payment from CONTRACTOR for non-compliance with any provision of the

Contract Documents.

2. Price Adjustments: OWNER will consider making partial payment to the CONTRACTOR for certain non-conforming work in advance of any negotiated settlement reached between the CONTRACTOR and the

OWNER, provided the CONTRACTOR requests in writing that this be done. CONTRACTOR agrees that any such payments made by the

OWNER are "payments in advance" and that any money that becomes due when the final settlement is negotiated will not constitute payments

"withheld" or "retained" under State Law.

B. Final Payment: After completion of all Work and Punch List items, OWNER shall pay the Contract Price due after deducting there from all previous payments, unit price quantity adjustments, penalties, liquidated damages, and other amounts to be retained. All prior progress payments shall be subject to correction in the final payment. The final payment shall not be due and payable until the expiration of 30 days from approval of the request for final payment of

CONTRACTOR by the OWNER'S finance department.

1. Submittal: Final payment shall not be made until the CONTRACTOR has delivered and PROJECT MANAGER has accepted all submittals specified in Article 14.8 of the General Conditions (Document 00 72 00).

2. OWNER Released From Claims: The payment and acceptance of the final Contract Price due and the adjustment and payment for any Work done in accordance with any alterations of the same, shall release the

OWNER from any and all claims of CONTRACTOR on account of Work performed under the Contract Documents or any modification thereof, except for those claims specifically agreed to as reserved and unresolved by the OWNER.

2.7 EXTRA WORK

A. No money will be paid to the CONTRACTOR for any additions, deletions or revisions in the Work as stipulated in Article 10.1 of the General Conditions

(Document 00 72 00), unless a Contract Modification for such has been made in writing and executed by the OWNER and CONTRACTOR.

2.8 WARRANTY AND GUARANTEE

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A. CONTRACTOR hereby warrants that all work installed, and every part thereof shall remain in good condition and free from all defects due to faulty materials or workmanship during the warranty period. CONTRACTOR shall promptly make all repairs, corrections, and/or replacements for all defects in workmanship, materials, and equipment during the warranty period, without charge or cost to the

OWNER. OWNER reserves the right to inspect, photograph, or televise the work and notify CONTRACTOR of the conditions of the work. CONTRACTOR shall thereupon immediately make any repairs or corrections required by this section and Article 6.16 of the General Conditions of the Manual of Standard

Specifications, 2017 Edition, published by Utah T2 Center, copyright Utah

Chapter APWA. “Warranty Period” means a period of one (1) year beginning on the date on which the OWNER certifies the work complete.

PART 3 COVENANTS

3.1 ASSIGNMENT NOT BINDING WITHOUT WRITTEN CONSENT

A. OWNER and CONTRACTOR agree no assignment of any right or interest in the

Contract Documents will be made without the written consent of the OWNER and the CONTRACTOR. No assignment will release or discharge the OWNER or the

CONTRACTOR from any duty or responsibility under the Contract Documents unless specifically stated to the contrary in any written consent to an assignment.

B. CONTRACTOR shall make no assignment of money that is due without the

OWNER'S written consent (except to the extent that the effect of this restriction may be limited by Law or Regulation).

3.2 BINDING TERMS

A. OWNER and CONTRACTOR each binds itself, its partners, successors, assign and legal representatives to the other party hereto, its partners, successors, assign and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents.

3.3 INDEMNIFICATION

A. Provisions concerning indemnification are set forth in Article 6.17 of the General

Conditions (Document 00 72 00).

3.4 DISPUTE RESOLUTION

A. In General:

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1. Unless a decision shall be held by an…