1-RFP The Refuge Final.pdf

Request for Proposals for

Construction Management / General Contractor

Services

August 3, 2026

The Refuge Utah

Center for Women and Children in Crisis

NOTICE TO CONTRACTORS

The Refuge Utah (Refuge) is requesting proposals for the construction of the Center for

Women and Children in Crisis.

This Construction Management/General Contractor (CM/GC) project generally includes development of a multi-building support campus located at 866 N 400 W, Orem, Utah 84057, including a victim services building, emergency shelter building, transitional housing building, and associated site improvements. The current concept plans for the buildings to surround a secured interior courtyard supported by perimeter parking, circulation, landscaping, and related site infrastructure. The Request for Proposals (RFP) documents, including the selection requirements and the selection schedule, will be available on August 3, 2026 on the U3P Utah Public Procurement website (U3P-Bonfire).

The procurement shall be best value RFP method. All prime contractors wishing to submit on this project shall notify the project contact of their intent to propose to ensure addenda are issued to all those who intend to propose.

Proposals, including a cost proposal, management plan, references and statements of qualifications, must be submitted electronically along with 4 hard copies delivered to The Refuge

Utah, located at 1433 East 840 North, Orem, UT 84097, by the deadline noted in Section 4 –

Project Schedule. To be considered, submittals must be received by the specified time.

Telephonic proposals or modifications of proposals will not be considered. However, modifications by email for proposals already submitted through the proper channels will be considered IF received prior to the time for the submission deadline.

AI generated proposals will not be accepted. It’s crucial that all requirements are addressed and answered by the firms personnel with accurate information pertaining to their company.

The Contractor for the project must be a Utah licensed General Contractor. Association with other individuals or firms having appropriate professional expertise is acceptable. The Refuge intends to enter into a single agreement with the successful Contractor for all three phases.

No bid bond is required as part of this CM/GC selection process. Payment and Performance Bonds will be required upon execution of the Guaranteed Maximum Price (GMP). However, demonstration of being able to bond for the amount of the FLCC must be demonstrated.

The Refuge reserves the right to reject any or all proposals or to waive any formality or technicality in any proposal in the interest of The Refuge.

DESCRIPTION OF WORK

Project Description: The Refuge intends to construct a new multi building campus at 866

North 400 West, Orem, Utah to support domestic violence and sexual assault services, emergency shelter, and transitional housing. Based on the current concept documents, the project includes, and is planned to be phased as follows:

• Phase 1 - Shelter Building totaling approximately 34,660 SF, or approximately 36,373

SF including storage, including intake, advocate offices, family and single resident units, kitchens, dining, laundry, med room, meeting/classroom areas, kids room, and related support spaces.

• Phase 2 - Victim Services Building totaling approximately 15,617 SF, including intake, children’s space/daycare, domestic violence group class space, sexual assault victim room, private meeting rooms, therapy and office space, conference space, and support areas.

• Phase 3 - Transitional Housing Building totaling approximately 18,736 SF, currently shown as multi bedroom residential units intended to support temporary transitional housing.

• Associated site development, parking, landscaping, walks, security related site elements, and other related improvements as further refined through design and permitting.

The current concept plan is attached for reference as Exhibit C. The final scope, phasing strategy, building program, and site improvements will continue to be refined during design and preconstruction.

Construction Budget (FLCC): The Fixed Limit of Construction Cost (FLCC) for this project is established at $21,664,697. The Refuge, the design team, and the selected CM/GC Contractor will work collaboratively during preconstruction to refine the scope, phasing strategy, and procurement approach in order to maintain the project within this construction budget. The project is anticipated to be delivered in phases, with the Shelter Building and core site infrastructure currently anticipated as the first phase of construction.

Schedule: The early structural package is complete, supporting a construction start NLT October 15, 2026 on phase 1. The full CD package is anticipated by Mid-October 2026 for phase 1. The project funding strategy includes grant sources with expenditure deadlines extending into 2028, and the

CM/GC will be expected to support schedule planning and phased procurement strategies responsive to those constraints. All schedules prepared for this project, including those submitted with the proposal under Section 9.E, shall conform to the Construction Schedule Requirements set forth in

Exhibit D.

Federal Requirements: The project will be utilizing federal grants. Reference Exhibit B for additional requirements.

FLCC: The Fixed Limit of Construction Cost or FLCC is the project’s construction budget as listed in the Notice to Contractors and this RFP’s Description of Work section. The Refuge, design team, Owner’s Representative and the CM/GC Contractor agree to work together to keep the cost of construction as represented in the design within the FLCC.

Guaranteed Maximum Price (GMP): The Guaranteed Maximum Price is the final price that the Contractor agrees to accept in full and is based on the final contract drawings and specifications. The GMP shall include all fees and percentages required by this RFP, as well as the costs for general conditions and all work as required in the Contract Documents.

Scope of Services

1—Pre-Construction: This phase of the Work includes, but is not limited to, attending design meetings, reviewing plans at design milestones, estimating and cost control, schedule development, and drawing and constructability reviews. The selected CM/GC shall coordinate with the project architect and The Refuge project team in the design, cost management, construction oversight, and completion of the project.

The scope includes but is not limited to design review, construction document review, consultation as needed for the Project, which provides for site improvements, and the following:

A. Providing input & recommendations; commenting and providing objective feedback on materials and methods identifying and proposing mitigation for potential conflicts and risks as well as material procurement strategies.

B. Assisting The Refuge with risk management.

C. Providing The Refuge with detailed construction cost estimates and proposed cost control measures. The Contractor shall assist The Refuge and the architect in maintaining the cost of construction within the Fixed Limit of Construction Cost (FLCC) and the duration of the construction within the project’s schedule. The CM/GC will be expected to provide in- depth, accurate, and timely cost data for a rigorous life-cycle cost assessment. This process begins during the design review phase of the project, and the

CM/GC will be expected to review the design and cost estimates for accuracy.

D. Constructability reviews including clash detection, design errors and omissions. The

CMGC will not be allowed to mark up any such issue related change order during the construction phase of the project as a result of the aforementioned items.

E. Staging & construction sequencing strategies.

F. Provide recommendations regarding site development strategies including, but not limited to, phased construction packages.

G. Provide recommendations for early bid packages and timely procurement of necessary materials and equipment.

H. Construction schedule development.

I. Review existing conditions drawings provided by The Refuge, and conduct one or more site visits – from which the CM/GC will generate and present an existing conditions site observation report that makes a note of variations from the drawings/documents of the existing conditions, and any unique conditions that may have construction cost implications.

J. Coordination of all permitting, inspections, public utilities and other similar requirements.

K. Continued coordination with the Architect, project manager, and Project team throughout the bidding and construction process for the project. This coordination will include regular updates to The Refuge regarding project progress.

The CM/GC shall assist The Refuge and The Refuge's contracted Architect in maintaining the project's construction costs within the proposed construction budget and scheduling for the duration of construction to keep within the project schedule.

2 - Construction: This phase of the work consists of the CM/GC furnishing and installing all work as required in the Contract Documents.

The scope includes but is not limited to the following:

A. Verify all local, state, and federal laws, building codes, and standards for facilities of this nature. The project will proceed through the applicable permitting and site plan approval processes. The CM/GC shall coordinate with all affected agencies, utilities, and other entities having jurisdiction over the work.

B. Provide complete construction supervision and management services throughout the duration of the construction phase. This includes (but is not limited to) all home office and field personnel, equipment, labor, tools, overhead, etc. necessary to successfully complete the construction of the project in a timely and efficient manner.

C. Subcontractor Selection - Work for the completion of this project will be competitively bid by mutually agreed upon and prequalified Subcontractors for each trade.

D. Self Performed Work - The CM/GC will be allowed to self-perform work. This work must be billed for at actual cost incurred plus the CM/GC Multiplier. Actual costs for self-performed work will be subject to audit. No billing rates will be allowed. The

CM/GC must specifically state in the Management Plan proposal what self-performed work they intend to execute (e.g. concrete flat work, building erection, landscaping, civil site work, etc.). The CM/GC shall also be required to bid out its self-performed work with selection of either the CM/GC or subcontractor being a competitive bid process.

E. The Refuge expects a proactive approach of promoting the project to multiple subcontractors in all trades and disciplines. Similarly, The Refuge requires an open and transparent bidding process, which includes providing the actual subcontractor bids as part of a comprehensive Bid Summary for review.

F. Donations – The Refuge anticipates receiving in-kind donations for this project in the form of construction materials and/or services. Material donations shall be considered as

Owner Furnished Contractor Installed (OFCI). Donations for services shall be reviewed based on qualifications between the Refuge, CM/GC, design team and Owner’s

Representative. If agreed upon to be qualified for the scope of work being donated, the

CMGC shall enter into a subcontract agreement with the subcontractor.

G. Change Management – In the event that changes arise during the construction phase of the project, due to Owner request, unknown conditions, errors and omissions, or any other reason, the CMGC will not proceed with any change to the work without a signed Change

Order. The CMGC will be required to submit a description of the change, why it is required, the associated costs (including back up documents) to the project manager for review and validation. The project manager and architect will review the change order documents and make a recommendation to The Refuge before the change order is to be executed. The

CMGC must agree to collaborate with the project manager and architect if revisions are required or costs from subcontractors need to be renegotiated.

3 – Project Close-Out: The CMGC will provide The Refuge with the following:

1. Certificate of Substantial Completion

2. Completed Punchlist (verified by the architect and project manager)

3. Design Team Approvals

4. As-Built Drawings

5. Inspection Certificates

6. Certificate of Occupancy

7. Final Lien Waivers

8. O&M Manuals

PROCUREMENT PROCESS

1. Request for Proposal Documents

The Request for Proposal (RFP) documents consist of all of the documents contained herein and all said documents are incorporated in this RFP by reference. The RFP documents include the following exhibits:

Exhibit A – Cost Proposal Form

Exhibit B – Federal Requirements

Exhibit C – Concept Plan

Exhibit D – Construction Schedule Requirements

Exhibit E – AIA Document A133 – Standard Form of Agreement Between Owner and

Construction Manager as Constructor

Exhibit F – AIA Document A201 – General Conditions of the Contract for Construction

Each Contractor is responsible for reviewing Exhibits E and F in full prior to submitting a proposal.

2. Availability of Requests for Proposals

RFP documents will be available on U3P-Bonfire.

3. Requests for Information

All requests for information regarding this project shall be submitted through U3P-Bonfire.

Any direct contact with The Refuge staff or personnel, the design team and/or the Owner’s

Representative may be considered grounds for termination.

4. Procurement Schedule

The Project Schedule lists the important events, dates, times and locations of meetings and submittals that must be met by the Contractor. The response schedule is as follows:

• RFP Published ------------------------------------------ August 3, 2026

• Questions from Firms Due ---------------------------- August 12, 2026 at 5pm MT

• Final Addenda Issued if Necessary ------------------ August 17, 2026

• Proposals Due ------------------------------------------- August 24, 2026 at 4pm MT

• Interviews (as needed) --------------------------------- TBD

• Anticipated Contract Award -------------------------- September 1, 2026

5. Submittal Due Dates

All required submittals must be delivered to and be received by The Refuge prior to the date and time indicated in the Project Schedule (Section 4). Submittals received after the specified time will not be accepted. Respondents bear all risks if documents are not received prior to the submission deadline and also assume the responsibility to verify that responses have been received. Electronic proposals must be submitted electronically through U3P-Bonfire and hard copies delivered to:

The Refuge Utah

1433 East 840 North

Orem, UT 84097

6. Last Day to Submit Questions

All questions must be received no later than the time and date listed Section 4 - Procurement

Schedule. Questions must be submitted through U3P-Bonfire.

7. Addendum

All responses to questions and requests for clarification will be in writing and issued as addenda to the Request for Proposals. The addenda will be posted on U3P-Bonfire.

Any addenda issued prior to the submittal deadline shall become part of the Request for

Proposals and any information required shall be included in your proposal.

8. Cost Proposal, Fees, and Markups

Before submitting a Cost Proposal, each Contractor shall carefully examine the RFP, shall visit the site of the Work, shall fully inform themselves as to all existing conditions and limitations, and shall include in the proposal the cost of all items required by the RFP. If the Contractor observes that portions of the Contract Documents are at variance with applicable laws, building codes, rules, regulations or contain obvious erroneous or uncoordinated information, the

Contractor shall promptly notify the specified Refuge Representative, and the necessary changes shall be accomplished by Addendum.

The Cost Proposal must be typed or handwritten in ink on the Cost Proposal Form provided in the procurement documents and submitted via U3P-Bonfire prior to the deadline for submission indicated on the Procurement Schedule. The cost proposal must be submitted as a separate file from the Statement of Qualifications and clearly named as the cost proposal form.

All Contractors shall furnish the following fees and markups as part of the Cost Proposal.

A. Preconstruction Fee. This lump sum fee consists of all costs for the CM/GC to provide the required services of the Preconstruction Phase except pre-authorized out-of-state travel. No other reimbursable costs will be allowed or considered in addition to this fee.

B. Construction Management Fee. This lump sum fee shall consist of and include overhead, profit for the entire job based on the defined scope of work, represented by the

FLCC, and all personnel who will be managing the project during bidding, construction, and closeout, including the warranty period.

C. Cost of Bonds: Cost of Bonds: The cost of Payment and Performance Bonds based on the amount of the FLCC.

D. CM/GC Change Order Markup: Percentage for all work added to the contract by change order.

E. Self-Performed Work Markup. This is a fixed percentage markup that will be applied to the cost for the CM/GC’s actual labor plus burden cost, material costs, and equipment costs for self-performed work

9. Statement of Qualifications

The submittal for statement of qualifications shall be compiled into a single document containing the required information and submitted as outlined in this section, and as a separate document from the

Cost Proposal Form (Section 8).

A. General Firm Qualifications and Capacity: Provide a brief statement that summarizes the qualifications of the CM/GC in relation to the unique and general requirements of this project. Include firm’s location, background, EMR, size, bonding ability, and demonstrated ability to perform the required services.

B. Proposed Project Team Organization and Qualifications: Provide a chart that identifies the roles of each of the key individuals involved in each phase of the project and the geographical location where the work will be performed. Provide resumes for all key individuals on the proposed project team outlining qualifications, education and specific experience and expertise related to shelters, transitional housing, multi-family, institutional, nonprofit, or similarly complex projects. List current work commitments to other projects or activities in sufficient detail to indicate that individuals assigned to the proposed project will be able to meet time commitments. List the percentage of time that each team member will be committed to this project. Provide a matrix that indicates past project collaborations carried out by the proposed team personnel indicated as assigned to the project must be actively engaged in completion of the tasks. At a minimum, resumes of team members shall include the Project Executive, Preconstruction Manager, Project Manager, Superintendent, Project Engineer. Any change of personnel after the

RFP is submitted or after award of the contract must be approved by The Refuge before the change is made to assure consistent expertise throughout the term of the project or any signed contact may be deemed in breach.

C. Past Work and References: Provide descriptions of at least four recent and similar projects completed within the last 5 years. Provide a reference for each project listed who may be contacted for further information regarding the performance of the project team. Include names of contact, address, telephone number and email address.

D. Management Plan: Provide a plan demonstrating how your team will manage their responsibilities and scope of work as outlined. This plan should be a concise account of your approach to the project. At a minimum, it shall address preconstruction services, project communications, schedule control, cost control, safety, quality control, change control, and project closeout. Describe your firm’s philosophy and approach to project execution that includes working together with the project manager, architect, and steering committee.

E. Schedule: Provide two anticipated project schedules:

a. Phased construction of the three separate buildings as identified in the project schedule.

b. Combined phases to be delivered as one project.

F. Risks & Value-Added Services: Address potential risks to the project and how those risks will be mitigated. Identify any additional tools, techniques, local knowledge and value-added ideas that your firm can provide.

G. Contract Documents Review: Confirm that your firm has reviewed Exhibit E (AIA A133) and

Exhibit F (AIA A201) and list any exceptions or requested clarifications to those documents.

Exceptions not identified in the proposal will be deemed waived, and The Refuge reserves the right to consider the nature and extent of any exceptions in its evaluation.

10. Termination or Debarment Certifications

The Contractor must submit a certification that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from soliciting work by any governmental department or agency. The Contractor must also certify that neither it nor its principals have been terminated during the performance of a contract or withdrew from a contract to avoid termination. If the Contractor cannot certify these two statements the firm shall submit a written explanation of the circumstances for review by The Refuge. These certifications are to be submitted with the Statement of Qualifications.

11. Selection Committee

The Refuge shall appoint an evaluation committee of at least three members to evaluate proposals received who will evaluate proposals as described herein.

12. Selection Criteria for VBS Construction

As an initial step in the evaluation process, the selection committee shall review all responses received by the submission deadline. All responses not conforming to the requirements set forth in this RFP will be eliminated. The Refuge reserves the right to disqualify any statement that significantly deviates from the terms, conditions, and specifications contemplated by this RFP.

Any remaining responses will then be reviewed and evaluated in detail based on the following criteria.

The Contractor that is ranked the highest will represent the best value for The Refuge. The criteria are not listed in any priority order. The selection committee will consider all criteria in performing a comprehensive evaluation of the proposal. Proposals shall be reviewed based on the following criteria:

• Firm Qualifications ------------------------------------ 15 Points

• Project Team -------------------------------------------- 25 Points

• Past Work & References ------------------------------ 20 Points

• Management Plan -------------------------------------- 10 Points

• Project Schedule ---------------------------------------- 5 Points

• Risks & Value-Added Services ---------------------- 5 Points

Subtotal Points Possible -------------------------------------- 80 Points

Cost Proposal Form (Exhibit A) – To be reviewed by the evaluation committee after scoring all other criteria ------------------------------- 20 Points

TOTAL POINTS POSSIBLE ------------------------------ 100 Points

13. Scoring and Justification

The selection committee will provide a unitary score per criteria for each firm. The firm with the highest total of points will represent the best value for The Refuge. The RFP’s will be evaluated and scored prior to evaluating the cost proposal form.

The cost proposal form will be scored by dividing the lowest proposed price by the applicant’s proposed price, and then multiplying by the points possible (20*(lowest proposed price/proposed price))

At their sole discretion, the Refuge reserves the right to either enter into contract negotiations with the highest scoring respondent or conduct interviews.

14. Interviews

If the Refuge elects to conduct interviews, the cost proposal form will not be opened or scored until after the interviews are complete. Interviews will be held with those firms who score 70 points or higher out of the 80 point subtotal available.

Firms who are interviewed will be allotted 30 minutes each. During this time, the selection committee requests that you introduce your team, outline your overall approach to ensuring the success of the project, and reserve time for a question-and-answer session.

The proposed primary project management personnel, including the project manager and superintendent, should be in attendance if selected to interview.

15. Award of Agreement

Following determination of the highest ranked respondent, The Refuge will enter into contract negotiations. If contract terms cannot be met with the highest scoring contractor, The Refuge reserves the right to terminate negotiations and begin negotiations with the second highest scoring contractor.

The Refuge intends to enter into an agreement with the prime Contractor to construct the project as outlined, using AIA Document A133 as modified by The Refuge (Exhibit E), together with AIA Document A201 as modified by The Refuge (Exhibit F), as the form of agreement for all three phases. Individual contractors or alliances between two or more contractors are allowed in this process. However, The Refuge will contract with only one legal entity.

16. Bond

The selected Contractor, simultaneously with the execution of the GMP, will be required to furnish a performance bond and a payment bond, both bearing original signatures. The performance and payment bonds shall be for an amount equal to one hundred percent (100%) of the contract sum and secured from a company that meets the requirements. Any bonding requirements for subcontractors will be specified in bid packages issued by the successful CM/GC.

17. Licensure

The Contractor shall comply with and require all of its subcontractors to comply with the license laws as required by the State of Utah.

18. Financial Responsibility of Contractors, Subcontractors and Sub-subcontractors

Contractors shall respond promptly to any inquiry in writing by The Refuge to any concern of financial responsibility of the contractor, subcontractor or sub-subcontractor.

19. Withdrawal of Proposals

Proposals may be withdrawn on written request received from proposer until the notice of selection is issued.

20. Time is of the Essence

Time is of the essence in regard to all the requirements of the contract documents.

21. Right to Reject Proposals

THE REFUGE reserves the right to reject any or all proposals.

EXHIBIT A

COST PROPOSAL FORM

NAME OF PROPOSER DATE

The undersigned, responsive to the "Notice to General Contractors/Construction Managers" and in accordance with the "Request for Proposals” for the Refuge Orem Victim Services / Shelter /

Transitional Housing, propose a pre-construction fee at the price stated below. This price is to cover all expenses incurred in performing the pre-construction services as outlined in our proposal of which this proposal is a part.

I/We acknowledge receipt of the following Addenda:

Cost Proposal Fee Form

No. Fee Description Amount

A Pre-construction Fee: For all work during the pre-construction period.

B Construction Management Fee (including overhead and profit):

For all work during the construction phase of the contract for the management of the project.

C Cost of Bonds: The cost of Payment and Performance Bonds based on the amount of the FLCC.

D CM/GC Change Order Markup: For all work added to the contract by change order as the max percentage of markup to the subcontractor/supplier costs.

E Self-Performed Work Markup: For all self-performed work, %

I/We guarantee that the Work will be Complete, including punch list items, within the negotiated time frame after receipt of the Notice to Proceed, should I/we be the successful proposer.

The FLCC for this project is $21,664,697.

With the cooperation of THE REFUGE UTAH and their consultants, the undersigned will continue to work with due diligence to provide a Guaranteed Maximum Price (GMP) within the FLCC.

The undersigned Contractor's License Number for Utah is.

This proposal shall be good for 45 days after bid submission.

Upon receipt of notice of award of this proposal, the undersigned agrees to execute the contract within fifteen (15) days, unless a shorter time is specified in the Contract Documents, and deliver acceptable Performance and Payment bonds in the prescribed form in the amount of

100% of the Contract Sum for faithful performance of the contract upon final agreement of the

GMP.

Type of Organization:

(Corporation, Partnership, Individual, etc.)

Any request and information related to Utah Preference Laws:

Respectfully submitted, (Name of Proposer)

Company

Address

Phone Number

Email

Authorized Signature

Federal Requirements and Contractual Conditions Provo City HOME-ARP Page 1 of 4

Federal Requirements and Contractual Conditions

This project is funded in whole or in part with HOME-ARP funds provided by the U.S.

Department of Housing and Urban Development (HUD). As such, the procurement, award, and performance of any resulting contract are subject to all applicable federal, state, and local laws, regulations, and requirements, including but not limited to HUD regulations at 24 CFR Part 92 (as modified by Notice CPD-21-10) and federal grant requirements at 2 CFR Part 200.

The selected contractor will be required to comply with all federal requirements applicable to HUD-assisted construction projects. Failure to comply with these requirements may result in contract termination, withholding of payment, or other remedies available to the City.

1. Federal Procurement Standards

This procurement is subject to the federal procurement standards set forth in 2 CFR § 200.317–

200.327. The City will conduct this procurement in a manner providing full and open competition. Contractors must comply with all applicable federal procurement requirements, including cost reasonableness, contract administration standards, and record retention requirements.

2. Conflict of Interest

Contractors must comply with the conflict-of-interest provisions at 24 CFR § 92.356. No employee, officer, or agent of the City who exercises or has exercised any functions or responsibilities with respect to HOME-ARP funded activities shall have any financial interest in any contract or subcontract awarded under this RFP.

All proposers must disclose any real or apparent conflicts of interest. Failure to disclose a conflict may result in disqualification.

3. Debarment and Suspension

Contractors and subcontractors must not be debarred, suspended, or otherwise ineligible to participate in federally assisted programs. Contractors must have an active registration in the System for Award Management (SAM) and provide a valid Unique Entity ID prior to contract award.

4. Davis-Bacon and Prevailing Wage Requirements

This project is assisted with HOME-ARP funds authorized by the American Rescue Plan Act of 2021. In accordance with Section 286(a) of the National Affordable Housing Act, Davis-Bacon prevailing wage requirements apply to any contract for the construction or rehabilitation of 12 or more HOME-assisted units.

Exhibit B

Federal Requirements and Contractual Conditions Provo City HOME-ARP Page 2 of 4

• Unit Determination: For the purposes of this Non-Congregate Shelter (NCS) project, each private room or suite designed for occupancy by an individual or family is classified as a "unit" in determining the 12-unit threshold.

• Applicability: If the construction contract covers 12 or more such units, the contractor and all subcontractors must pay laborers and mechanics wages at rates not less than those contained in the applicable Building Construction Davis-Bacon wage determination incorporated into the contract.

• Certified Payrolls: Contractors are required to submit weekly certified payrolls through (Insert System, e.g., Elation/LCPtracker) or via Form WH-347.

• Contractor Responsibility: These labor standards apply to the entire construction contract, regardless of whether other non-federal funding sources are also being used.

The prime contractor is responsible for the compliance of all subcontractors and lower-tier sub-subcontractors.

5. Section 3 Requirements

This project is subject to Section 3 of the Housing and Urban Development Act of 1968, as amended, and its implementing regulations at 24 CFR Part 75. Because this project utilizes HOME-ARP funds for housing construction/rehabilitation, Section 3 requirements apply to the entire project regardless of the total dollar amount of federal assistance.

• Labor Hours: The Contractor must track and report "Labor Hours" rather than "New Hires." The goal is to ensure that 25% of all labor hours are performed by Section 3 Workers, and 5% are performed by Targeted Section 3 Workers.

• Prioritization: Contractors are required to provide employment, training, and contracting opportunities to low- and very-low-income persons, particularly those who are participants of HUD-assisted housing programs in Provo City or Utah County.

• Compliance: Section 3 compliance is a material condition of this contract. The Contractor must submit labor hour reports through with each application for payment.

6. Build America, Buy America (BABA) – Funding Contingency

This project is currently funded with 2021 HOME-ARP funds which are exempt from the Buy America Preference (BAP). However, if any participating entity contributes Federal financial assistance obligated on or after November 15, 2022 (or August 23, 2024, for HOME/HTF), the entire project will become subject to BABA requirements.

• Contractor Risk: In the event of such a funding change, the Contractor shall be required to comply with all domestic sourcing requirements for iron, steel, and construction materials.

Federal Requirements and Contractual Conditions Provo City HOME-ARP Page 3 of 4

• Cost Adjustments: Any increase in material costs resulting from the late-stage application of BABA due to additional federal funding will be the responsibility of the entity introducing the new funds, subject to a formal Change Order.

7. Davis-Bacon, HUD-4010, and Equal Opportunity Compliance

Contractor acknowledges that this is a HUD-funded construction contract subject to Davis- Bacon and Related Acts. The Federal Requirements and Contractual Conditions attached hereto and incorporated herein by reference include the Equal Opportunity Clause (Executive Order 11246), HUD-4010 Federal Labor Standards Provisions, and applicable wage determinations, all of which are binding upon the Contractor.

8. Contractor Eligibility and Required Documentation

Prior to contract award, the selected contractor (and all subcontractors) must provide the following documentation:

• Active registration in the System for Award Management (SAM) and a valid Unique Entity ID

• E-Verify registration

• State of Utah contractor license (as applicable)

• Local business license (as applicable)

• Proof of required insurance

Additional documentation may be required prior to or during construction, including certified payrolls, Section 3 reporting, and BABA compliance certifications.

9. Preconstruction Conference

A preconstruction meeting with a City representative is required prior to the commencement of any work. No construction activities may begin until this meeting has occurred and all required approvals have been obtained.

10. Incorporation of Federal Contract Provisions

The successful proposer will be required to execute a construction contract that incorporates all required federal provisions applicable to HOME-ARP-funded projects. These provisions include, but are not limited to, civil rights requirements, affirmative action, access to records, non-appropriation of funds, and other HUD-mandated clauses.

The full text of required federal contract provisions is included as Attachment A – Required Federal Contract Provisions and will be incorporated into the final contract by reference.

Federal Requirements and Contractual Conditions Provo City HOME-ARP Page 4 of 4

11. Attachments and Incorporation of Federal Requirements

• Attachment A: Required Federal Contract Provisions for HOME-ARP-Funded projects

• Attachment B: Equal Opportunity Clause

• Attachment C: HUD-4010 Federal Labor Standards Provisions

• Attachment D: Applicable Davis-Bacon Wage Determination

Submission of a proposal constitutes acknowledgment of and agreement to comply with all federal requirements identified in this RFP and its attachment. The successful proposer will be required to execute a contract incorporating all applicable federal requirements for HOME-ARP funded construction activities, including those set forth in the Federal Requirements and Contractual Conditions and Attachment A.

Attachment A – Required Federal Contract Provisions Provo City HOME-ARP Page 1 of 3

Attachment A HOME-ARP (American Rescue Plan Act of 2021)

Non-Congregate Shelter (NCS)

The following federal provisions shall be incorporated into all contracts and subcontracts executed in connection with this HOME-ARP funded project. These provisions are required by the U.S. Department of Housing and Urban Development (HUD) and the City and shall be binding upon the Contractor and all subcontractors.

1. Section 3 (24 CFR Part 75)

The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended.

• Applicability: Per HUD Notice CPD-21-10, Section 3 applies to the entire project because it involves the construction of housing units (NCS rooms) utilizing HOME-ARP funds.

• Benchmarks: The Contractor must ensure that, to the greatest extent feasible, 25% of all labor hours are performed by Section 3 Workers and 5% by Targeted Section 3 Workers.

2. Build America, Buy America (BABA)

This project utilizes 2021 HOME-ARP funds obligated by HUD prior to the effective date of the Buy America Preference (BAP).

• Current Exemption: As the funds were obligated in 2021, the domestic content requirements for iron, steel, and construction materials do not currently apply.

• Funding Contingency: If additional federal funds obligated after November 15, 2022, are added to this project, BABA requirements will attach to the entire project. In such an event, the Contractor must comply with all 41 U.S.C. § 8301 requirements.

3. Davis Bacon

In accordance with Section 286(a) of the National Affordable Housing Act, Davis-Bacon prevailing wage requirements apply to the construction or rehabilitation of 12 or more HOME-assisted units.

• NCS Unit Count: For this project, each private room/suite is considered a "unit." Since the project contains (Insert Number) units (threshold 12), all laborers and mechanics must be paid at the Building Construction wage rates incorporated in Attachment D.

Attachment A – Required Federal Contract Provisions Provo City HOME-ARP Page 2 of 3

• Compliance: Contracts must comply with HUD-4010 Federal Labor Standards and weekly certified payroll requirements.

4. Lobbying Restrictions

The Contractor shall comply with the requirements of 31 U.S.C. § 1352 and applicable federal regulations. Federal funds shall not be used to influence or attempt to influence any federal official or Member of Congress in connection with the award of this Contract. If non-federal funds are used for lobbying activities related to this Contract, the Contractor shall submit any required disclosures. Failure to comply may result in civil penalties as provided by law.

5. Civil Rights and Nondiscrimination

The Contractor shall comply with all applicable federal, state, and local civil rights and nondiscrimination laws, including but not limited to:

• Title VI of the Civil Rights Act of 1964

• Title VIII of the Civil Rights Act of 1968 (Fair Housing Act)

• Section 109 of the Housing and Community Development Act of 1974

• Section 504 of the Rehabilitation Act of 1973

• Americans with Disabilities Act of 1990

• Age Discrimination Act of 1975

• Executive Orders 11063 and 11246, as amended

The Contractor must specifically comply with HOME-ARP protections for “Qualiflying Population” (homeless, at-risk of homelessness per HUD Notice CPD-21-10.

6. Drug-Free Workplace

The Contractor shall comply with the Drug-Free Workplace Act of 1988 (42 U.S.C. § 701 et seq.) and applicable HUD regulations. The Contractor shall maintain a drug-free workplace and take appropriate actions against employees who violate drug-related statutes.

7. Affirmative Action and Equal Employment Opportunity

The Contractor shall comply with Executive Order 11246 and applicable regulations of the U.S.

Department of Labor. The Contractor agrees to take affirmative action to ensure equal employment opportunity and shall include required EEO clauses in all subcontracts.

Attachment A – Required Federal Contract Provisions Provo City HOME-ARP Page 3 of 3

8. Women- and Minority-Owned Business Enterprises

The Contractor shall use best efforts to provide small businesses and minority- and women-owned business enterprises the maximum practicable opportunity to participate in the performance of this contract.

9. Access to Records

The Contractor shall permit the City, HUD, and their authorized representatives access to all books, records, and accounts pertaining to this contract for purposes of audit, inspection, and compliance monitoring.

10. Grantee and HUD Recognition

The Contractor shall acknowledge the City and HUD support in project-related communications, publications, and materials, as applicable.

11. Non-Appropriation of Funds

This contract is subject to the availability of federal funds. In the event HOME-ARP funds are reduced or not appropriated, the City may terminate or reduce the contract without penalty.

12. Flow-Down Requirements

The Contractor shall include all applicable provisions of this Attachment in every subcontract and purchase order funded in whole or in part with HOME-ARP funds.

13. Compliance with Federal Laws and Regulations

The Contractor shall comply with all applicable federal laws, regulations, executive orders, and HUD guidance governing the use of HOME-ARP funds, whether or not specifically enumerated herein.

EQUAL OPPORTUNITY CLAUSE – Attachment B

THE FOLLOWING EQUAL OPPORTUNITY CLAUSE SHALL BE INCLUDED IN EACH GOVERNMENT CONTRACT ENTERED INTO BY THE

DEPARTMENT, INCLUDING SUBCONTRACTORS:

During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The contractor will, in all solicitations or advancements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor’s legal duty to furnish information.

4. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers’ representative of the contractor’s commitments under Section 202 of Executive Order No.

11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

6. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

7. In the event of the contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

8. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. [Sec. 202 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966–1970 Comp., p. 684, EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230, EO 13665 of April 8, 2014, 79 FR 20749, EO 13672 of July 21, 2014, 79 FR 42971]

Previous editions obsolete Form HUD-4010, (10/2023) ref. Handbook 1344.1

HUD-4010 U.S. Department of Housing and Urban Development Federal Labor Standards Provisions Office of Davis-Bacon and Labor Standards

A. APPLICABILITY

The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.

1. Minimum wages and fringe benefits

i. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in 29 CFR 5.5(d) and (e), the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(v) of these contract clauses; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in which work is performed.