1-RFP Packet PW Building Expansion CM-GC - FINAL.pdf

REQUEST FOR PROPOSALS (RFP)

#MID26-138

CONSTRUCTION MANAGER/GENERAL CONTRACTOR FOR PUBLIC WORKS

FACILITIES EXPANSION

for

MIDVALE CITY

7505 SOUTH HOLDEN STREET

MIDVALE, UT 84047

801-567-7237

Proposals shall be submitted electronically to U3P Utah Public Procurement Place (Bonfire) – https://utah.bonfirehub.com/opportunities/216466 no later than Thursday January 29, 2026, by 3:00 P.M. (MST)

1. INTRODUCTION

Midvale City (“Midvale,” “City,” or “Owner”) is seeking proposals from qualified proposers to provide Construction Manager/General Contractor (“CM/GC”) services for the Midvale City Public Works Facilities Expansion at approximately 8172 and 8196 S.

Main Steet, Midvale (the “Project”). The Project’s construction documents will be created by Galloway and Company, LLC (“Architect”), Midvale, and the selected CM/GC.

Preliminary drawing and a phasing plan for the Project are attached as Exhibit B.

The selected CM/GC will provide three primary services to complete the Project between 2026-2027: design assistance, demolition and site preparation, and construction. The selected CM/GC will be responsible for assisting the Owner and the Architect with finalizing demolition, site preparation, and construction documents for the Project using its expertise in the construction field and its knowledge of current construction techniques and markets. Upon finalization of these documents, the selected CM/GC will negotiate budgets, schedules, and guaranteed maximum prices to perform the demolition, site preparation, and construction services. It is anticipated that the selected CM/GC will simultaneously complete demolition and site preparation work as it assists with the finalization of the construction documents. Upon completion of the design assistance, demolition, and site preparation services, the selected CM/GC will then begin construction on the remainder of the Project.

During the completion of all services, Midvale will need to continue to operate and provide public works services from its Public Works Facilities. The selected CM/GC will need to coordinate and cooperate with the City and the Architect to develop approaches and schedules that permit the selected CM/GC to efficiently perform their services and construct the Project while permitting the City to still deliver public works services at or near their current service levels.

2. INTENT OF REQUEST FOR PROPOSALS

It is the intent of the RFP to introduce interested parties to the Project, scope of work, preliminary Project documents, generally set forth the minimum acceptable requirements for submitted proposals, and explain the selection process for selecting a CM/GC.

3. DESCRIPTION OF THE PROJECT

The Project will include the expansion of the existing Midvale City Public Works Facilities at 8196 S. Main Steet, Midvale, and to recently acquired property at 8172 S. Main Street, Midvale. The Project requires demolition of existing buildings, preparing the site for new construction, and includes the following improvements and approximate quantities:

Administration Building Expansion 13,500 S.F.

Fleet and Facilities 10,500 S.F.

Climatized Vehicle and Equipment Storage 4,300 S.F.

Covered Vehicle, Equipment, and Bulk Material Storage 21,600 S.F.

Decant Station Construction Demolition of Existing Buildings and Improvements Site Preparation Approximate Area of Site Improvements

100,000S.F.

Project Construction Budget $17,000,000

Preliminary drawings and a phasing plan are attached as Exhibit B.

4. SCOPE OF WORK

The scope of work is more specifically detailed in the proposed Construction Manager/General Contractor Contract, attached as Exhibit C. Generally speaking, the CM/CG services include three services: design assistance, demolition and site preparation, and construction.

A. Design Assistance.

The selected CM/GC will be required to collaborate with the Owner and Architect in developing construction documents for the completion of the Project. The selected CM/GC will be responsible for reviewing preliminary and final construction documents at various stages as they are prepared by the Architect. The selected CM/GC will advise and collaborate with the Owner on the constructability of the Project, the Project budget, and the Project schedule. This includes providing cost estimates to the Owner at the schematic design, design development, 90% and final stages of the construction documents. The selected CM/GC will also assist the Owner by recommending alternative systems, products, materials and early procurement of identified items with long lead times. The Owner intends to have the selected CM/GC complete the design assistance services simultaneously with the demolition and site preparation work.

B. Demolition and Site Preparation.

The selected CM/GC will be responsible, shortly after execution of the CM/GC contract, for reviewing the demolition and site preparation documents prepared by the Architect. Currently, it is anticipated that demolition and site preparation services will include the demolition of the building at 8172 S. Main Street, site preparation work along the southwestern edge of the Project site, and the construction of a parking lot along the northern boundary of the Project site. The selected CM/GC will advise and collaborate with the Owner on the demolition budget and schedule. Upon finalization of the demolition documents, a demolition schedule, and a demolition budget, the Owner and the selected CM/GC will negotiate a guaranteed maximum price to complete the demolition and site preparation services. After the Owner and the selected CM/GC agree to the guaranteed maximum price, the selected CM/GC will be expected to complete the demolition and site preparation work in accordance with the agreed upon schedule.

The selected CM/GC will be responsible for collection and disposal of any hazardous waste, if any, from the demolition and site preparation work. The Owner intends to have the selected CM/GC complete the demolition and site preparation work simultaneously with the design assistance services.

C. Construction.

Upon completion of Design Assistance Services and agreeing to a negotiated guaranteed maximum price, the selected CM/GC will be responsible for constructing various improvements at the Midvale City Public Works Facility located at approximately 8172 and 8196 South Main Street, Midvale. Anticipated improvements include decant station, covered vehicle and equipment storage, climatized vehicle and equipment storage, a fleet repair shop, vehicle and equipment storage adjacent to a truck/vehicle wash, and the expansion of office space attached to an existing office building. The selected CM/GC will be expected to complete the construction work in accordance with the agreed upon schedule.

D. Requirements for all Work.

All of the work performed by the selected CM/GC will be subject to the following requirements:

i. Staging.

The Midvale Public Works Facility is an active job site and must remain in some degree of operation throughout construction. Staging at the site will be limited. The selected CM/GC will be responsible for finding an adequate location to stage their operations through demolition, site preparation, and construction services.

ii. Collaboration and Coordination.

As mentioned in the previous paragraph, Midvale intends to keep its Public Works Facility in some degree of operation throughout construction. As the selected CM/GC performs its various services, it must collaborate and coordinate with City staff to ensure that the Public Works operations can continue with minimal disruptions to its service levels. Midvale City has some alternative locations where it may be able to stage some of its operations and office some of its staff during construction. Phasing and staging will need to be coordinated and clearly communicated throughout the Project so that the City can manage its operations.

Additionally, the City already has an Architect to design plans for the Project.

The Architect will also be used to assist the City with inspections, change orders, and other similar tasks. The City may hire additional contractors and consultants to assist with the Project. The selected CM/GC will be expected to collaborate and coordinate with the City’s other contractors and consultants throughout the Project.

iii. Comply with All Laws.

The selected CM/GC must perform all work for the Project in compliance with all applicable laws.

iv. Obtain All Necessary Permits.

The selected CM/GC will be responsible for obtaining all necessary permits to complete the Project.

v. Use of Utah-Licensed Professionals.

The selected CM/GC may only hire and subcontract with professionals licensed and approved to work in the State of Utah to work on the Project.

vi. Site Safety and Security.

The selected CM/GC will be responsible taking reasonable precautions and providing reasonable protections to secure and provide for safety at the site during the provision of its demolition, site preparation, and construction services.

vii. Subcontractors.

Any subcontractor hired by the selected CM/GC to perform work for the Project is required to be bound to the same contractual terms as the selected CM/GC.

All the CM/GC’s contracts with subcontractors for the Project will be required to be assignable to the Owner if the Owner terminates the contract with the

CM/GC.

viii. Cost-Plus-A-Percentage Prohibited.

Under Midvale Municipal Code 3.02.150(C), the City is prohibited from entering a contract with a cost-plus-a-percentage-of-cost fee structure. Any request of the selected CM/GC to use this methodology when negotiating a guaranteed maximum price will be rejected.

ix. One-Year Warranty.

Upon final completion of the entire project, the selected CM/GC will be responsible for curing any deformity, defect, or nonconformance in the CM/GC’s work for a period of one year.

5. ESTIMATED PROJECT SCHEDULE

It is anticipated that design assistance services will immediately commence upon execution of the CM/GC contract by the City and the selected CM/GC.

It is anticipated that demolition work, utility work, site preparation work, and construction of some site improvements will be complete before the end of May 2026.

It is anticipated that all building and other site improvements will commence upon the completion of the demolition and site preparation work and will be completed within approximately 24 Months.

6. RFP INFORMATION

A. Access to Request for Proposal The RFP is available electronically on the U3P Utah Public Procurement Place (Bonfire) website. Midvale will only accept submission through the U3P Utah Public Procurement Place (Bonfire) at https://utah.bonfirehub.com/opportunities/ 216466.

B. RFP Coordination and Communication Questions about this RFP must be submitted via U3P Utah Public Procurement Place (Bonfire) before the deadline for written questions and comments, as identified in the schedule of events. Under no circumstances should Midvale City staff be contacted directly. The intent behind this requirement is to ensure the same information is communicated and disseminated to all prospective respondents.

Questions should clearly identify the relevant section and/or subsection of the RFP related to the question being asked. Questions received after the deadline will not be answered. The City will post its responses on U3P Utah Public Procurement Place (Bonfire). Midvale is not responsible for delays or errors caused by U3P Utah Public Procurement Place (Bonfire).

C. Schedule of Events Action Date

Mandatory Prebid Meeting – Public Works Building 8196 South Main Street, Midvale UT 84047

January 21, 2026

11:00 AM

Deadline for written questions and comments January 27, 2026

3:00 PM

Proposal Due January 29, 2026

3:00 PM

Committee Review TBD Interview of Finalist(s) (Optional) TBD City Council Approval of Contract TBD https://utah.bonfirehub.com/opportunities/%20216466 https://utah.bonfirehub.com/opportunities/%20216466

D. Mandatory Pre-Bid Meeting In order for a proposal to be considered, a qualified proposer must attend a mandatory pre-bid meeting on Wednesday, January 21, 2026 at 11:00 a.m. at the Midvale Public Works Facility located at 8196 S. Main Street, Midvale, Utah 84047. Staff from the City and Engineer will introduce the project and guide a walking tour of the Project site. All questions and answers from the pre-bid meeting will be recorded and posted on the U3P Utah Public Procurement Place after the pre-bid meeting for reference in preparing proposals. Proposals submitted by any proposer who did not attend the pre-bid meeting will be considered incomplete and will be disqualified.

E. RFP Amendments and Cancellation The City reserves the right to change the RFP schedule or issue amendments to the RFP at any time. In the event the City amends the RFP, the RFP due date may be extended. The City reserves the right to cancel or re-issue the RFP.

F. RFP Costs and Expenses.

Midvale is not responsible to any proposer for any costs and expenses incurred in preparing a proposal. A proposer prepares a proposal for this RFP at its sole risk and expense. The City will not reimburse any proposer for its costs and expenses.

7. PROPOSAL EVALUATION

A. Proposal Evaluation Criteria An RFP evaluation committee, comprised of City Staff and representatives from the Architect, will review each proposal. The following weighted evaluation criteria will be used in selecting a suitable contractor(s):

Evaluation Criteria Points CM/GC Experience With Similar Projects

Proposed Project Team/Individuals Assigned to Job

Approach to Perform Work 25 Design Assistance Services Fee 10 Change Order Fee Schedule 10 Overall Construction Schedule 15 Proposed Contract Modifications Pass/Fail

For a more detailed explanation about the criteria on which proposers will be evaluated, please refer to Exhibit A Evaluation Criteria.

B. Selection of a CM/GC

After reviewing the submitted proposals, the City will identify the top-scoring proposers. The City may schedule interviews or request additional information from the top-scoring proposers. The City may go through multiple scoring rounds when selecting the CM/GC for this Project. It is anticipated that the proposer with the overall highest point value from the last scoring round will be awarded the contract. If the City is unable to finalize a contract with the top-scoring proposer, the City may enter negotiations with the next highest-scoring proposer to finalize a contract. The City may repeat this process until it has finalized a contract with a proposer. The City, at its sole discretion, also reserves the right to make no awards following this RFP.

C. Incomplete Proposals Failure to fully provide the requested information, submit required documents, or follow any of the listed conditions in this RFP may result in the proposal being disqualified. Such disqualification is at the sole discretion of the City, consistent with the purchasing ordinance and the best interest of the City. Minor irregularities of the proposal may be waived at the discretion of the City.

D. Right to Reject Any or All Proposals

The City reserves the right to reject any or all proposals, to waive technicalities or formalities, and to accept any proposal deemed to be in the best interest of the City.

Where two or more proposals are deemed equal, the City reserves the right to make the award to one of the two proposers.

8. PROPOSAL REQUIREMENTS

A. Proposal Deadline The RFP close date and time is Thursday, January 29, 2026, at 3:00 PM. The City will not be responsible for late submissions. No proposal will be accepted after the RFP closes. Corrections or modifications to submitted proposals after the deadline will not be considered, unless specifically requested by the City for purposes of clarifying the RFP.

B. Proposal Submission

The following will apply to all proposals:

i. Proposals must address all questions in the RFP with supporting documents.

ii. The Design Assistance Services Fee submission must be a separate document.

iii. Proposals must be signed by the proposer by an individual authorized to bind the proposer to the content of the submitted proposal (electronic signatures are acceptable). The signature on the proposal shall be interpreted to signify the proposer’s intent to comply with all required services.

iv. No oral proposals or oral modification of an existing submitted proposal will be considered.

v. Under no circumstances are City staff or its elected officials permitted to be contacted regarding the RFP or proposals or have any involvement in the preparation of a proposal.

vi. Proposals shall reflect the best and most current information and offers.

vii. To be considered for the project, a complete proposal must be submitted through the U3P Utah Public Procurement Place (Bonfire) state website by the deadline. No other submissions will be considered or accepted.

viii. Proposals shall not exceed 30 pages, exclusive of covers, dividers, and proposed contract modifications.

ix. Proposals shall remain valid for a period of 90 days from the due date.

C. Proposal Format and Content Proposals should be prepared as simply as possible. Emphasis should be concentrated on accuracy, completeness, and clarity of content. Each proposal must conform to the outlined format below. If a requirement does not pertain to your proposal, write “N/A” in your proposal. Proposals with blank sections may be deemed non-responsive.

D. Proposal Outline

Each proposal must include the following clearly marked sections:

i. Introduction to Firm Provide a brief introduction to the qualifications and background to your firm.

ii. Licenses Provide a copy of your firm’s current business license and Utah general contractor license. Provide copies of any other relevant licenses that may be required to perform the services identified in this RFP.

iii. Project Team

Provide an organizational chart of all major participants of your firm’s proposed Project Team. Include resumes of principals, project manager, project engineer, cost estimator, quality control manager, superintendent, and other primary representatives who will be directly involved with the overall Project.

iv. Relevant Construction Experience Provide a list of five projects of your firm’s relevant construction experience.

For each listed project indicate whether or not the project was constructed on time and on budget and the number and amount of change orders. For each listed project, describe the construction contracting method used for the project (for example, single prime contractor, multiple prime contractors, design-build, construction manager, etc.). Describe whether the construction site had ongoing Owner operations during construction.

v. Proposed Approach Describe how your firm will approach the pricing, scheduling, and construction phase aspects of the Project. Describe your firm’s approach to cost estimates, cost evaluations of alternative building systems, products and materials, and value engineering including identification of construction approaches, techniques, and materials that will help the Owner accomplish its goals at a lower cost. Describe your firm’s overall construction philosophy and how it will be applied to this Project. Discuss how your firm will work with City Staff, Architect, and Consulting Engineers to ensure that the City’s needs are adequately met including how your firm will work with the City to maintain operations at the site during construction.

vi. References Provide a name, telephone number, and project title for five references regarding your firm’s performance on similar projects.

vii. Design Assistance Services Fee Provide the total fee for completing the Design Assistance Services, as that term is defined and described in the proposed contract, attached as Exhibit C. The submitted Design Assistance Service Fee must be a firm price and not subject to increase during the term of a contractual agreement arising between the City and proposer as a result of said proposal, unless explicitly stated. Quoted prices must include any applicable federal or state tax.

viii. Change Order Fee Schedule Provide a change order fee schedule for any Change Order, as that term is defined and described in the proposed contract, attached as Exhibit C. While the City is prohibited from entering a contract with a cost-plus-a-percentage-of-cost fee structure, the City is willing to allow proposer to submit a not-to-exceed cost-plus-a-percentage-of-cost fee structure to evaluate this criterion.

Depending on the submissions received from proposers, the City reserves the right to further clarify and standardize this criterion to fairly score proposers.

ix. Overall Construction Schedule Provide a construction schedule to complete the Project, as currently depicted in Exhibit B and more fully described in Exhibit C, from time of receiving a building permit to occupancy. Include critical path identification, sequencing, and duration of major activities. Identify which areas of the Site will be unavailable for City’s use during major activities identified on the schedule.

x. Proposed Contract Modifications Provide a list of proposed contract modifications to the proposed contract.

Indicate what proposed modifications can be negotiated further. Indicated what proposed modifications are mandatory in order for the proposer to consider entering the proposed contract with the Owner.

xi. Signed Certification At the end of the proposal, include the following signed certification by an individual authorized to bind the proposer:

By submitting this proposal, I certify that I have read the RFP documents, including the proposed contract, and that I am willing to abide by the conditions outlined in the RFP and the proposed contract, including provisions regarding insurance coverage required, except as provided in the Proposed Contract Modification section of my proposal.

Authorized Signature of Proposer: _____________________________ Printed Name and Title: _____________________________________ Date: ________________

xii. Additional Information

The proposal may include any other information the proposer deems essential to the evaluation.

E. Withdrawal of Proposals Proposals may be withdrawn any time before the proposal Due Date through U3P Utah Public Procurement Place (Bonfire). Proposals cannot be changed or withdrawn after the Proposal Due Date.

9. RFP CONDITIONS

A. Right to Purchase from Any Source The City reserves the right to purchase from any source or sources any desired products or services relating to this RFP.

B. Public Records and Rights to Submitted Materials All proposals, inquiries, or correspondence related to or in reference to this RFP, and all reports, charts, displays, schedules, exhibits, and other documentation submitted by the proposer will become the property of Midvale City when received.

Midvale City is subject to the Government Records Access and Management Act (Utah Code Ann. §§ 63G-2-101 et seq.). Any documents collected under this RFP may be subject to public access. If a proposer believes any information should be held confidential under Utah Code Ann. §§ 63G-2-305(1) or (2), the proposer must clearly identify that information, submit a written claim of business confidentiality for that particular information, and include a concise, specific statement of the reasons supporting the claim of confidentiality pursuant to Utah Code Ann. § 63G-2-309(1). Proposers recognize that Midvale, as a government entity subject to the Government Records Access and Management Act, cannot guarantee the confidentiality of any submitted information.

C. No Collusion

By submitting a proposal, each proposer certifies that its submission is not the result of collusion or any other activity that would tend to, directly or indirectly, influence the selection process. The proposal will be used to determine the prospective proposer’s capability or rendering the services provided.

D. Conflict of Interest

i. Employment

By submitting a proposal, each proposer represents and warrants that none of its officers, employees, or immediate family members of its officers or employees is or has been an elected official, employee, board member, commission member, or agent of the City or its affiliates who influences the City’s procurement process. This includes, but is not limited to, anyone involved in the City’s drafting of procurement and Project documents or the City’s selection of the CM/GC.

ii. Compensation

By submitting a proposal, proposer represents and warrants it has not provided any compensation or gift in any form, whether directly or indirectly, to an elected official, employee, board member, commission member, or agent of the City or its affiliates who influences the City’s procurement process. This includes, but is not limited to, anyone involved in the City’s drafting of the procurement and Project documents or the City’s selection of the CM/GC.

10. CONTRACT

A. Contract Execution The selected CM/GC will be required to enter into the attached written contract with the City. A sample of this contract can be found in Exhibit C. Proposers are expected to review the contract and warrant to the City that they are willing to execute the contract if selected by the City except as noted by any provided proposed contract modifications in its proposal.

B. City Modifications The City reserves the right to modify the contract at any time prior to the contract’s execution. The City does not anticipate making any substantive changes. It anticipates that if any changes are made, they will be made to facilitate the efficient implementation of the selected proposal.

C. Inclusion of Proposal The proposal submitted in response to this RFP may be incorporated as part of the final contract with the selected CM/GC.

D. Insurance

Commercial general liability, automobile, pollution, workers’ compensation, and builder’s risk insurance are required for the Project. Depending on the services provided, the selected CM/GC may be required to provide professional negligence/errors and omissions insurance as well. The selected CM/GC must retain, at a minimum, the following insurance coverage for the term of the contract:

i. Commercial General Liability: $2,000,000 each occurrence/$4,000,000 aggregate for personal injury and property damage. This policy must include products and completed operations, property damage, bodily injury, and personal and advertising injury.

ii. Automotive Liability: (owned, non-owned, and hired vehicles) for bodily injury and property damage: $2,000,000 per accident.

iii. Pollution Liability: $1,000,000 each occurrence/$2,000,000 aggregate.

Coverage must be maintained for at least five years after Final Completion of all Work.

iv. Professional Negligence/Errors and Omissions (if applicable): $1,000,000per occurrence and $3,000,000 aggregate.

v. Worker’s Compensation Insurance (Part A) at Utah’s statutory limits.

Employer’s Liability Insurance (Part B) in the amount of at least $1,000,000 for each accident, disease, and employee.

vi. Builder’s Risk Insurance: A value equal to or greater than the Guaranteed Maximum Price.

E. Independent Contractor

The selected CM/GC shall perform the services as an independent contractor and not as an employee of the City.

F. Subcontractors/Assignment

The required services under the awarded contract shall be specific and shall only be subcontracted in accordance with the attached sample contract found in Exhibit C. No rights entered into by the contract with the City shall be assigned, nor any duty delegated by successful proposer to another party.

G. Guaranteed Maximum Price The selected CM/GC will be required to negotiate two guaranteed maximum prices during the course of the Project. It is anticipated that the first guaranteed maximum price will be for the performance of demolition and site preparation services. The second anticipated guaranteed maximum price will be for the performance of construction services. In either instance, if the Owner and the selected CM/GC cannot negotiate a guaranteed maximum price for the services within 45 days of the finalization of the associated documents, the Owner may negotiate with another contractor to perform the service or terminate the contract.

H. Payment and Performance Bonds The selected CM/GC will be required to provide payment and performance bonds prior to completing any demolition and site preparation services and any construction services. The selected CM/GC will be required to provide them as specified in the proposed contract.

I. Competitive Bids Required If the CM/GC is qualified, they may choose to complete any portion of the project using their own workforce. However, for all self-performed work, the CM/GC must provide three (3) competitive bids. Additionally, the CM/GC is required to submit sealed bid documents to the City at least 24 hours before receiving bids from subcontractors. All anticipated self-performed work must be clearly outlined in the Proposal.

11. FEDERAL, STATE AND LOCAL LAWS

The selected CM/GC will be required to comply with all applicable laws, regulations, codes, standards, and ordinances during term of the awarded contract including the following:

A. Status Verification System

Under the Utah Immigration Accountability and Enforcement Act, Utah Code Ann.

§§ 63G-12-101 et seq., any entity contracting with a public employer is required to certify that it participates in the Status Verification System and complies with the Act. The selected CM/GC will be required to certify its participation in the Status Verification System. The selected CM/GC will be required to have all of its subcontractors and sub-subcontractors certify that they are participating in the Status Verification System as well.

B. Boycotts Pursuant to Utah Code Ann. § 63G-27-201, the selected CM/GC must certify that it is not currently engaged in an economic boycott, as defined in Utah Code Ann. § 63G-27-102(5), or a boycott of the State of Israel. The selected CM/GC may not engage in a boycott of the State of Israel for the duration of the contract. The selected CM/GC will be required to notify the City in writing if it begins engaging in an economic boycott during the term of the contract, which may be grounds for termination of the contract.

EXHIBIT A

Evaluation Criteria

Evaluation Criteria Evaluation Focus / Description

1. CM/GC Experience with Similar Projects

Extent and relevance of previous CM/GC experience with projects of similar type, scope, complexity, and size. Demonstrated success in cost control, schedule performance, quality of work, and owner satisfaction.

2. Proposed Project Team / Key Individuals

Qualifications, experience, and availability of the proposed team members, including project manager, superintendent, and key personnel. Clarity of roles and strength of organizational structure.

3. Approach to Perform Work

Quality and completeness of the proposer’s project approach, including preconstruction services, communication plan, coordination with the design team, cost management, safety practices, and risk mitigation.

4. Design Assistance Service Fees

Reasonableness and competitiveness of proposed design-phase service fees in relation to the scope and complexity of the project.

5. Change Order Fee Schedule

Clarity, transparency, and fairness of proposed change order markup and fee schedule. Evaluation of consistency with industry standards.

6. Overall Construction Schedule

Realism and completeness of proposed project schedule, including critical path identification, sequencing, and duration of major activities.

Ability to meet or improve upon the Owner’s desired completion date.

7. Proposed Contract Modifications

Reasonableness and complexity of requested contract modifications.

Fairness in risk allocation from contract modifications based on structure of contractual relationship. Risk of delay in selecting a bidder and start of project due to negotiations regarding requested contract modifications.

EXHIBIT B

Preliminary Project Drawings and Phasing

Plan

Please Download from Bonfire Portal Files

EXHIBIT C

Construction Manager/General Contractor Contract

CONSTRUCTION MANAGER/GENERAL CONTRACTOR CONTRACT

THIS CONSTRUCTION MANAGER/GENERAL CONTRACTOR CONTRACT (this “CM/GC Contract”) is executed on _______________, 2026 (the “Effective Date”), by and between MIDVALE CITY, a municipal corporation of the State of Utah with principal offices located at 7505 South Holden Street, Midvale, Utah 84047 (the “Owner”), and _________________________________ a [form of business entity] with principal offices located at ______________________________ (the “Construction Manager”). Owner and Construction Manager are individually referred to herein as a “Party” and collectively as the “Parties.”

RECITALS

WHEREAS, the Galloway & Company has prepared a schematic design for Owner, as included in Exhibit A and incorporated by reference, and sets forth general plans for new facilities at the Midvale Public Works facilities at approximately 8172 and 8196 South Main Street in Midvale, Utah; and

WHEREAS, the new facilities shall include storage buildings for equipment and vehicle storage as well as commercial office space; and

WHEREAS, the Owner desires to engage the services of Construction Manager to provide professional services to the Owner in connection with the development and construction of the new facilities upon the terms and conditions set forth herein; and

WHEREAS, Owner desires to use a construction manager/general contractor construction contracting method as provided by Utah Code Ann. §11-39-107(2); and

WHEREAS, the Construction Manager has the expertise and capability to provide the

Owner with specialty services for assisting with the design and completing the development and construction of the new facilities.

NOW, THEREFORE, in consideration of the mutual covenants and obligations set forth in this CM/GC Contract, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. Definitions. In addition to the terms defined in the Preamble and Recitals above, the following words—when capitalized—have the following definitions in the CM/GC Contract:

A. Architect. The Architect is Galloway & Company, LLC, which entered into a professional services contract with Owner on May 6, 2025.

B. Change Order. A Change Order is a change in the Work required under the Contract

Documents after the execution of the CM/GC Contract and may change the compensation or schedule for Design Assistance Services, Demolition and Site Preparation Services, or

Construction Services. A Change Order must be approved by the Owner in writing in order for the Change Order to take effect. A Change Order amends the Work and may amend the compensation and schedule under the CM/GC Contract as provided by the Change Order.

C. Construction Documents. Construction Documents are the final construction documents and drawings for the Project, excluding any Work under the Demolition and Site Preparation Services, approved by the Owner.

D. Construction Guaranteed Maximum Price (CGMP). The Construction Guaranteed

Maximum Price or CGMP is the total compensation the Parties agree to for all the Construction Services to reach Final Completion by the Final Completion Date. As reiterated in Subsection 9(C) of the CM/GC Contract and Exhibit V, once the Parties have agreed upon a CGMP and executed Exhibit V, the Construction Manager is obligated to construct the Project to Final Completion by the Final Completion Date as modified by any Change Order. The Construction Manager is solely responsible for any costs, expenses, and fees that exceed the CGMP, as modified by any Change Order, in order to construct the Project to Final Completion by the Final Completion Date.

E. Construction Services. Construction Services is the Work the Construction Manager is responsible for completing after receiving the Notice to Proceed from the Owner through the end of the term of this CM/GC Contract in accordance with the Construction Documents, Project Schedule, Project Budget, and CGMP.

F. Contract Documents. The Contract Documents consist of the CM/GC Contract, the

Demolition Documents, the Construction Documents, all other exhibits of the CM/GC Contract, all Change Orders, and any amendments to the CM/GC Contract.

G. Demolition and Site Preparation Guaranteed Maximum Price (DSPGMP). The

Demolition and Site Preparation Guaranteed Maximum Price or DSPGMP is the total compensation the Parties agree to for all Demolition and Site Preparation Services to reach Final Completion by the Final Completion Date. As reiterated in Subsection 9(B) of the CM/GC Contract and Exhibit P, once the Parties have agreed upon a DSPGMP and executed Exhibit P, the Construction Manager is obligated to bring the Demolition and Site Preparation Services to Final Completion by the Final Completion Date as modified by any Change Order. The Construction Manager is solely responsible for any costs, expenses, and fees that exceed the DSPGMP, as modified by any Change Order, in order to bring the Demolition and Site Preparation Services to Final Completion by the Final Completion Date.

H. Demolition and Site Preparation Services. Demolition and Site Preparation Services is the Work the Construction Manager is responsible for completing after the Owner issues a Demolition Notice until the Owner issues the Construction Manager a Certificate of Final Completion in accordance with the Demolition Documents, Demolition Schedule, Demolition Budget, and DSPGMP.

I. Demolition Budget. The Demolition Budget is a document created by the Owner and the Construction Manager, with the assistance of the Architect and other Owner third-party consultants, that provides a line-item budget for the Work to complete the Demolition and Site Preparation Services. The Demolition Budget will be used in determining the DSPGMP and the appropriateness of applications for Disbursements.

J. Demolition Documents. Demolition Documents are the final demolition and construction documents and drawings that detail the Demolition and Site Preparation Services approved by the Owner. Demolition Documents do not include Construction Documents.

K. Demolition Notice. The Demolition Notice is a document provided by the Owner to the

Construction Manager giving the Construction Manager permission to proceed with the Demolition and Site Preparation Services. The Demolition Notice may only be issued after the Demolition Documents have been finalized, the Parties have agreed to a DSPGMP, the Owner has received all documents required under this CM/GC Contract, and the Owner is prepared for the Construction Manager to proceed with the Demolition and Site Preparation Services.

L. Demolition Schedule. The Demolition Schedule is a document providing the schedule for

Demolition and Site Preparation Services. It includes major milestones and Substantial Completion Dates and Final Completion Dates for the Demolition and Site Preparation Services. The Demolition Schedule also includes the required information and dates as provided in Subsection 4(H)(IV).

M. Design Assistance Services. As more fully described in Subsection 4(G) of this CM/GC

Contract, Design Assistance Services is the Work the Construction Manager is responsible for completing from the Effective Date of this CM/GC Contract until the Owner issues the Notice to Proceed or terminates this CM/GC Contract. Design Assistance Services do not include Demolition and Site Preparation Services.

N. Disbursement. Disbursements are payments from the Owner to the Construction Manager for completed Work under this CM/GC Contract. Disbursements will be made in accordance with Subsection 9(D) of this CM/GC Contract.

O. Environmental Law. Environmental Law means any federal, state or local statute, regulation or ordinance or any judicial or administrative decree, requirement or decision, whether now existing or hereinafter enacted, promulgated or issued, with respect to any hazardous materials, drinking water, groundwater, wetlands, landfills, open dumps, storage tanks, underground storage tanks, solid waste, wastewater, storm water runoff, waste emissions, or wells. Without limiting the generality of the foregoing, the term shall encompass each of the following statutes, and regulations, ordinances, orders, decrees, permits, licenses and deed restrictions now or hereafter promulgated thereunder, and amendments and successors to such statutes and regulations as may be enacted and promulgated from time to time: (i) the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601 et seq.) (“CERCLA”); (ii) the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.) (“RCRA”); (iii) the Hazardous Materials Transportation Act (49 U.S.C. Section 1801 et seq.); (iv) the Toxic Substances Control Act (15 U.S.C. Section 2061 et seq.); (v) the Clean Water Act (33 U.S.C. Section 1251 et seq.); (vi) the Clean Air Act (42 U.S.C. Section 7401 et seq.); (vii) the Safe Drinking Water Act (21 U.S.C. Section 349, 42 U.S.C. Section 201 and Section 300f et seq.); and (viii) Institutional Control Ordinance and any federal, state or local statute, regulation, or ordinance or judicial or administrative decree, requirement or decision that specifically relates to the Site.

P. Final Completion. Final Completion is the stage in the progress of the Work when the

Work or the designated portion of Work has been constructed in accordance with the Contract Documents and any Change Order. All Work must be fully operational in order to reach Final Completion.

Q. Final Completion Date. The Final Completion Date is the date by which the Project or the designated portion of the Project must reach Final Completion. Final Completion Dates are set forth in the Demolition Schedule, attached as Exhibit N, and the Project Schedule, attached as Exhibit T.

R. Hazardous Materials. Hazardous Materials means each and every element, compound, chemical mixture, contaminant, pollutant, material, waste or other substance which is defined, determined or identified as hazardous or toxic under any Environmental Law, including, but not limited to, asbestos or any substance containing asbestos, polychlorinated biphenyls, any explosives, radioactive materials, chemicals known or suspected to cause cancer or reproductive toxicity, pollutants, effluents, contaminants, emissions, infectious wastes, any petroleum or petroleum-derived waste or product or related materials and any items defined as hazardous, special or toxic materials, substances or waste. Without limiting the generality of the foregoing, the term shall mean and include:

(i) “Hazardous Substances,” as defined in CERCLA, as amended, and regulations promulgated thereunder; (ii) “Hazardous Waste,” as defined in the RCRA, as amended, and regulations promulgated thereunder; (iii) Materials defined as “Hazardous Materials” in the Hazardous Materials Transportation Act, as amended, and regulations promulgated thereunder; and (iv) “Chemical Substance or Mixture,” as defined in the Toxic Substances Control Act, as amended, and regulations promulgated thereunder.

S. Notice to Proceed. The Notice to Proceed is a document provided by the Owner to the

Construction Manager giving the Construction Manager permission to proceed with the Construction Services. The Notice to Proceed may only be issued after the Project’s Design Assistance Services have been completed, the Construction Documents have been finalized, the Parties have agreed to a CGMP, the Owner has received all documents required under this CM/GC Contract, and the Owner is prepared for the Construction Manager to proceed with the Construction Services.

T. Project. The Project is known as the Midvale City Public Works Facilities Expansion and consists of the demolition of several existing buildings, the preparation of Site for Work, and the construction of a decant station, approximately 21,600 sf of covered vehicle and equipment storage, approximately 4,300 sf of climatized vehicle and equipment storage;

an approximately 10,500 sf fleet repair shop; and vehicle and equipment storage adjacent to a truck/vehicle wash; and approximately 13,500 sf of office space located on Midvale City-owned property at approximately 8172 and 8196 South Main Street, Midvale, Utah.

U. Project Budget. The Project Budget is a document created by the Owner and the

Construction Manager, with the assistance of the Architect and other Owner third-party consultants, that provides a line-item budget for the Work to construct the Project. The Project Budget will be used in determining the CGMP and the appropriateness of applications for Disbursements.

V. Project Schedule. The Project Schedule is the schedule for the Construction Manager to complete the Construction Services. The Project Schedule provides dates for the completion of Project milestones and for the Project to reach Substantial Completion and Final Completion. The Project Schedule also includes the required information and dates as provided in Subsection 4(G)(V).

W. Punchlist. The Punchlist consists of remaining items to be completed after the Work or a designated portion of the Work has reached Substantial Completion. The Punchlist lists all of the Work remaining in order for the designated portion of the Work to be completed in accordance with the Contract Documents. The Punchlist must be completed in order for the designated portion of the Work to reach Final Completion.

X. Site. The Site is Midvale City-owned property at approximately 8172 and 8196 South Main

Street, Midvale, Utah, and more specifically identified in Exhibit C.

Y. Substantial Completion. Substantial Completion is the stage in the progress of the Work when the Work or the designated portion of Work is sufficiently complete and available for its intended use.

Z. Substantial Completion Date. The Substantial Completion date is the date by which the

Project or designated portion of the Project must reach Substantial Completion. Substantial Completion Dates are set forth in the Demolition Schedule, attached as Exhibit N, or the Project Schedule, attached as Exhibit T.

AA. Work. Work consists of all consultation, management, construction, and development services set forth in this CM/GC Contract, the Contract Documents, and any Change Orders relating to the permitting, licensing, planning, budgeting, cost analysis, design, development, demolition, debris and rubbish removal, Site preparation, staging, construction, and completion of the Project, including, but not limited to, the provision of all labor, materials, equipment, expertise, and services provided by the Construction Manager to fulfill the Construction Manager’s construction of the Project.

2. Scope of Work.

A. Design Assistance, Demolition and Site Preparation, and Construction Services. As supplemented by Section 4 below, the Construction Manager is responsible for performing all Design Assistance Services, Demolition and Site Preparation Services, and Construction Services and performing all Work for the Project to reach Final Completion at the Site in accordance with the Contract Documents. This includes, but is not limited to, (i) furnishing all labor, equipment, and materials for the Project; (ii) demolishing buildings and improvements and removing the resulting debris and rubbish; (iii) preparing the Site for the construction of buildings and improvements; (iv) installing lines and connections for all utilities required for the Project, including, but not limited to, water, sewer, power, and internet; (v) supervising, coordinating, and directing all construction, installation, and fitting; (vi) ensuring all systems including, but not limited to, plumbing, electrical, mechanical, HVAC, computer, IT, and otherwise are fully operational; (vii) procuring and installing operating equipment contained in the Contract Documents; and (viii) delivering to Owner all improvements contained in the Contract Documents.

B. Intent. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Project and Work by the Construction Manager. The Contract Documents are complementary, and what is required by one is binding as if required by all.

C. Exhibits.

I. Table of Exhibits. Subject to Subsection 2(C)(II) below, the following Table of

Exhibits provides a list of all exhibits that are or will be attached and incorporated to the CM/GC Contract.

Exhibit # Exhibit Name

A Owner Request for Proposals for Construction Manager B Construction Manager Response to Owner’s RFP C Site Survey D Environmental and Geotechnical Reports E Construction Manager’s Status Verification Certification F Construction Manager’s No Boycott Affidavit G Construction Manager’s Certificate(s) of Insurance H Disbursement Application Form I Certificate of Disbursement Form J Completion Application Form K Certificate of Completion Form L Punchlist Form M Demolition Documents N Demolition Schedule O Demolition Budget P Demolition and Site Preparation Guaranteed Maximum Price Q Performance Bond- Demolition and Site Preparation Services R Payment Bond- Demolition and Site Preparation Services S Construction Documents T Project Schedule

U Project Budget V Construction Guaranteed Maximum Price W Performance Bond- Construction Services X Payment Bond- Construction Services

II. Attachment and Incorporation of Certain Exhibits. At the time of execution of this CM/GC Contract, Exhibits A-L have been attached and incorporated as part of the CM/GC Contract. Exhibits M-X must be attached and incorporated as part of the CM/GC Contract prior to the Owner issuing the Notice to Proceed. Unless provided or otherwise indicated in the exhibit, Exhibits M-X will be attached and incorporated as part of the CM/GC Contract by having the Parties’ authorized representatives, as designated in Section 7 of this CM/GC Contract, accept and approve the attachment and incorporation of the exhibit to the CM/GC Contract.

3. Term. The Term of…