2-01 - CMGC Documents.pdf

Construction Manager/General Contractor

Provo Water Reclamation Facility

ADMINISTRATION AND COLLECTIONS BUILDINGS PROJECT

Request for Proposals

October 26, 2026

Provo City Public Works Department

Division of Water Resources

1377 S. 350 E.

Provo, UT 84606

(801) 852-6701

Provo Water Reclamation Facility – October 2026 Page i

REQUEST FOR PROPOSALS

CONSTRUCTION MANAGEMENT/GENERAL CONTRACTOR

PROVO WATER RECLAMATION FACILITY

ADMINISTRATION AND COLLECTIONS BUILDING PROJECT

Table of Contents

1. Introduction

1.1 Background

1.2 Request for Proposals

1.3 City Objectives

2. Project Overview

2.1 Project Description

2.2 Project Budget and Funding

2.3 Project Schedule

3. CM/GC Services

3.1 General

3.2 Roles and Responsibilities

4. Procurement Process

4.1 Acknowledgement of RFP and Addendums

4.2 Communications

4.3 Anticipated Procurement Schedule

4.4 Pre-Proposal Meeting and Site Tour

4.5 Project Background Documents

5. Proposal Submission Requirements

5.1 Submittal Place and Deadline

5.2 Submission Format

5.3 Submission Content

5.3.1 Cover Letter

5.3.2 Section I – Firm Experience/Qualifications

5.3.3 Section II – Team Member Experience/Qualifications

Administration and Collections Buildings Project October 2026

Page ii

Table of Contents Continued

5.3.4 Section III – Project Understanding

5.3.5 Section IV – Project Approach

5.3.6 Appendix 1 – Key Personnel Resumes (Evaluated with Section II)

5.3.7 Appendix 2 – CM/GC Preconstruction Agreement Review

5.3.8 Appendix 3 – Preconstruction Services Level of Effort and Preconstruction Services Scope Review

6. Proposal Evaluation and Selection

6.1 General

6.2 Responsiveness

6.3 Evaluation Criteria

6.4 Interviews

6.5 Selection

7. Other Provisions and Requirements

7.1 Signing of Agreement

7.2 Right of Use of Proposal Materials

7.3 Non-discrimination in Employment

7.4 Confidentiality

7.5 Obligation to Keep Project Team Intact

7.6 Rights of the City

7.7 Protests

Exhibit 1 - Draft CM/GC Preconstruction Services Agreement

Attachment A - Project Description

Attachment B - Scope of CM/GC Preconstruction Services

Attachment C - Project Background Documents

Attachment D - Fee and Rate Proposal Form

Attachment E - Cost Estimate Submittal Requiurements

REQUEST FOR PROPOSALS

CONSTRUCTION MANAGEMENT/GENERAL CONTRACTOR

PROVO WATER RECLAMATION FACILITY

ADMINISTRATION AND COLLECTIONS BUILDINGS PROJECT

1. Introduction

1.1 Background

A. The Provo City Water Resources Division is a division with the Public Works Department of Provo City (City). Water Resources is responsible for both water supply and distribution and wastewater collection and treatment. The City is seeking a specialty building construction manager/general contractor (CM/GC) to provide preconstruction services for the Provo City Water Reclamation Facility (PCWRF) Administration and Collections

Buildings Projects located at the site of the existing Water Reclamation Facility.

B. PCWRF was originally constructed in 1956.In 1976, the first major upgrades took place, and included the addition of an administration building with a laboratory and maintenance shop.

The collections building is a prefabricated metal building that was constructed about 40 years ago. The buildings are aging infrastructure and do not meet current structural and seismic codes. The administration building lacks sufficient space for current laboratory, pretreatment, operations and maintenance teams and for current operations and staffing, nor is there adequate locker room and changing areas, particularly facilities for female staff. In addition, the building lacks security for controlled access to the laboratory, offices, and records room. The collections building, likewise, needs adequate office and facilities space to accommodate current and planned staffing requirements. In addition, the facility is not large enough to accommodate and protect equipment and trucks required for the collections system maintenance. The facilities will need a new access road from East Bay Blvd, gated entry, adequate parking for staff and visitors. Grading, paving and landscaping will be designed to unify the new buildings and connect them to the rest of the plant.

C. Additional information about this Scope of Work is provided in Attachment A – Project

Description and Attachment C- Project Background Documents.

1.2 Request for Proposals

A. This request for proposals (RFP) for the PCWRF Buildings Project (Project) invites proposals according to the requirements set forth in this RFP, including the format and content guidelines in Section 5. Proposals will be reviewed and evaluated using a best-value selection process described in Section 6. At completion of the evaluation process, the City will select a Proposer to enter into negotiations for award of the CM/GC Preconstruction

Services Agreement (Agreement) a draft of which is included as Exhibit 1, and, pending successful negotiations of a Guaranteed Maximum Price (GMP) Proposal, a CM/GC

Construction Services Agreement which will be mutually developed by the City and

CM/GC.

B. The Project is expected to be designed and constructed using the construction manager/general contractor (CM/GC) delivery method as follows:

• Preconstruction: CM/GC will provide preconstruction services to support the City’s chosen Design Professional in developing the Project. The Design Professional will advance the design to the level of completion necessary to define the Project and will provide construction-ready documents prior to the initiation of Construction services.

After the design reaches a 90% level of completion, the CM/GC will present a construction plan and schedule and an open-book GMP to the City in accordance with the Agreement, which includes the cost of the work through commissioning and start-up, general conditions pricing, CM/GC fee, and a negotiated CM/GC contingency.

When the City and CM/GC have agreed on the GMP, the Construction services will be authorized and initiated. If the City and CM/GC are unable to agree on a GMP, the

City reserves the right to terminate the existing Agreement and direct the Design

Professional to complete the design and prepare construction documents for public bidding of the Project. The City, without limitation, may utilize any of the value engineering, constructability, or any other ideas or methods/procedures proposed by the CM/GC during the Preconstruction services.

• Construction: If the City and CM/GC agree on a GMP, the CM/GC will procure all subcontractors and vendors and will be responsible for the Project’s construction and subsequent warranty services as agreed to in the CM/GC Construction Services

Agreement.

1.3 City Objectives

A. The City’s objectives for delivery of the Project are as follows:

• Performance: Collaborate closely with the City, and its Design Professional during preconstruction to develop a design that achieves the City’s objectives at a mutually agreeable GMP for delivery of the Project. CM/GC to construct the Project as designed, within the agreed GMP and schedule through completion and occupancy.

• Quality: Deliver the proposed facilities consistent with the Project design and specifications.

• Cost: Minimize initial capital and life-cycle costs.

• Risk: Achieve an optimal balance of risk allocation between the City and CM/GC.

• Safety: Implement a comprehensive safety program that incorporates industry’s best practices.

• Schedule: Achieve substantial completion of the Collections Building (enclosed structure) for storage of equipment in warehouse portion. by October, 2027, and substantial completion of the remainder of the Project by December 30, 2028.

2. Project Overview

2.1 Project Description

A. A general description of the Project is provided in Attachment A - Project Description.

B. The City reserves the right to phase work and/or use a fast track approach requiring multiple

GMPs of the CM/GC if deemed appropriate. It is possible that the phases may overlap.

2.2 Project Budget and Funding

A. The total price for preconstruction and construction services is currently budgeted at $12 million dollars. This figure does not include City’s other related Project costs, such as professional design services, professional advisory services, property or access rights, City site investigations and environmental studies, and certain governmental approvals.

2.3 Project Schedule

A. It is anticipated that the CM/GC Preconstruction Services Agreement will be executed on or about January 15, 2027. Project milestones to be delivered by the CM/GC are further described in Attachment A - Project Description.

3. CM/GC Services

3.1 General

A. As noted in Section 1 and more fully described in Attachment B - Scope of CM/GC

Preconstruction Services, the CM/GC will provide preconstruction and construction services as follows:

Preconstruction Services

• Develop the Project Management Plan and attachments including a Project Risk

Management Plan, Packaging/Phasing Plan and Subcontracting Plan

• Attend Project meetings and workshops

• Review and finalize the General Conditions for the Project and the Construction

Services Agreement

• Perform constructability reviews, biddability reviews and value engineering, on design development submittals in conjunction with the City and Design Professional.

• Prepare and maintain a Project cost model and submit detailed, open-book cost estimates as the design is advanced.

• Prepare and maintain a Project schedule and submit updates as the design is advanced.

• Identify Project permitting requirements and determine when certain permitting activities should be initiated.

• Submit and negotiate a GMP proposal for the Project.

Construction Services

• Construct the Project.

• Secure necessary construction permits.

• Mitigate Project risks.

• Procure and manage equipment and subcontractors.

• Self-perform at least 50 percent of the Project scope, as approved by the City.

• Conduct startup, commissioning and performance testing.

• Provide Owner training for building systems.

• Provide warranty coverage for constructed work.

3.2 Roles and Responsibilities

A. City: The City or its Design Professional will cooperate with the CM/GC and will fulfill its responsibilities in a timely manner to facilitate the CM/GC’s timely and efficient performance of services. City responsibilities include:

• Review preconstruction deliverables and submissions, providing comments to CM/GC.

• Furnish existing studies, data, and information pertaining to the Project, including record drawings, preliminary studies and investigations.

• Provide information and perform additional studies that may be necessary to complete the

Project within budget and schedule constraints.

• Provide adequate funding.

• Provide access to the Project site and any necessary easements.

• Obtain the governmental approvals and permits City is responsible for and assist CM/GC in obtaining governmental approvals and permits it is responsible for.

B. CM/GC: The CM/GC will cooperate with the City and Design Professional, and will provide the preconstruction and construction services necessary to complete the Project scope specified in this RFP. CM/GC responsibilities include:

• Deliver the constructed work

• Obtain necessary governmental approvals and permits

• Perform risk management and mitigation activities

• Develop and implement Project health and safety practices

• Maintain site security and safety

• Develop and implement quality management (including quality control and quality assurance) procedures

• Supervise subcontractors and CM/GC personnel

C. Design Professional: The Design Professional will prepare all design documents, work collaboratively with the City and the CM/GC, and provide services during construction to ensure that the Project as constructed conforms to the design intent and City’s objectives.

4. Procurement Process

4.1 Acknowledgement of RFP and Addendums

A. This Request will be posted on the State of Utah’s Procurement portal (BonFire). Questions regarding this request must be submitted online at:

https://utah.bonfirehub.com/portal/?tab=openOpportunities

B. The City will review questions, requests for interpretation or correction and at its sole discretion amend or supplement the RFP only through the State of Utah’s Procurement portal (BonFire). Statements or responses via any other means, either oral or written, made by the City, its representatives, or Design Professional, shall not amend the RFP Documents.

https://utah.bonfirehub.com/portal/?tab=openOpportunities

C. This RFP is subject to revision after the date of issuance via written addenda only. Any such addenda will only be posted on BonFire. It is each Proposer’s responsibility, to obtain all RFP addenda prior to submitting its proposal.

D. By signing and submitting a Proposal, Proposer acknowledges that it has registered on

BonFire and has viewed all materials on the website, including any addenda to this RFP.

E. In no event will the City be liable for any costs incurred by any Proposer or any other party in developing or submitting a Proposal.

4.2 Communications

A. Proposers or their agents are instructed not to contact selection committee members, Design

Professional, City employees, the Mayor’s office or the City Council or externally manipulate or influence the procurement process in any way, other than through the instructions contained herein, from the date of release of this RFP to the date of execution of the Agreement resulting from this RFP. City, in its sole discretion, may disqualify Proposers in violation of this paragraph.

4.3 Anticipated Procurement Schedule

A. The selection process is anticipated to proceed as outlined below; however, it is subject to change at the discretion of the City:

Activity Dates

RFP issued October 26, 2026

Pre-Proposal Meeting/Site Tour November 3, 2026 at 10:00 a.m. Local Time

Final date to submit questions November 12, 2026

Final addenda issued November 17, 2026

Proposal due date November 24, 2026

Shortlist notification - Tentative December 3, 2026

Oral interview – If required December 17, 2026

Selection notification - Tentative December 21, 2026

4.4 Pre-Proposal Meeting and Site Tour

A. The City will conduct a Pre-Proposal meeting for those interested in responding to the RFP.

Attendance at this meeting is mandatory. The meeting will be held at 1685 South East

Bay Blvd, Provo, UT on Tuesday, November 3, 2026 at 10:00 a.m. local time. At this meeting, the City will offer information about the Project and the procurement process.

Those who attend the Pre-Proposal meeting will have the opportunity to tour the Project site following the meeting to familiarize themselves with site conditions and constraints.

4.5 Project Background Documents

A. Certain Project background documents are being made available as Attachment C - Project

Background Documents for the purpose of preparing Proposals. The City is providing these documents only for the purpose of obtaining Proposals for the Project and prohibits any other use.

5. Proposal Submission Requirements

5.1 Submittal Place and Deadline

A. Proposals will be received by Provo City until 2:00 p.m. local time on Tuesday, November

24, 2026. Proposals must be mailed or hand-delivered to:

Dave Torgersen, PE

Provo City Public Works Department

1377 South 350 East

Provo, Utah 84606.

B. Proposer shall submit one (1) hard copy bound Proposals and one Flash Drive with a ready-for-print .pdf format.

C. Proposal and all required appendices shall be provided in a sealed box or envelope with the

Proposer’s name, contact information, RFP Title clearly printed on the outside of the box or envelope.

D. Proposer assumes full responsibility for timely delivery of its Proposal at the required location. Any Proposal received after the submittal deadline will be deemed nonresponsive and returned.

E. Proposals shall remain effective for ninety (90) days beyond the submittal date.

5.2 Submission Format

A. Proposals shall be concise, legible, and provide all the information requested. Minimum font size shall be 11 point.

B. Proposals shall be prepared on 8 1/2” x 11” paper. 11” x 17” sheets, folded to 8.5” x 11” size, may be used for organization charts, photos, and exhibits and will count only as one page. 11” x 17” sheets shall not be used for any written text. Page orientation may be either portrait or landscape.

C. Proposals shall be limited to a maximum of 15 pages double sided.

• A “page” shall be defined as one single-sided 8 1/2" by 11” piece of paper that has words, charts, tables, pictures, graphics, and/or diagrams, or an 11” x 17” single- sided sheet used for exhibits.

• Tabbed or other dividers used to organize the RFP shall carry only the appropriate section name. Dividers that include any additional information such as narrative, charts, tables, pictures, graphics, and/or diagrams shall be included in the page count.

• The only documentation not included in the page count are front and back cover of the

Proposal; Dividers; Cover Letter; Appendices (Resumes; Proposers comments to the

Preconstruction Services Agreement, and Level of Effort spreadsheet for preconstruction services scope of work).

D. The City reserves the right to accept or reject Proposals that deviate from the preferred format and page count. If the City chooses to accept, all pages in excess of the specified page limit will be removed. The last page will be removed first. This content will not be included in the evaluation or considered for scoring to meet the evaluation criteria.

E. Resumes for proposed Key Personnel shall not exceed a maximum of two pages each, double sided. Resumes in excess of two pages will not be evaluated and no points will be awarded for that key person.

F. Do not submit resumes for any team members that are not listed as Key Personnel.

Proposers can determine how to present qualifications of other team members at their own discretion within the allocated page count.

G. The City may waive minor informalities and irregularities in the format of the Proposal.

5.3 Submission Content

A. The content requirements set forth in this RFP represent the minimum content requirements for the Proposal. It is the Proposer’s responsibility to include information in its Proposal to present all relevant qualifications and other materials.

B. The Proposal must include the following information in the order listed below

• Cover Letter

• Section I - Firm Experience/Qualifications

• Section II - Team Member Experience/Qualifications

• Section III - Project Understanding

• Section IV – Project Approach

• Appendix 1 – Key Personnel Resumes

• Appendix 2 - CM/GC Preconstruction Agreement Markup

• Appendix 3 - Fee and Rate Proposal (in a separate sealed envelope)

5.3.1 Cover Letter

A. Proposer shall include a cover letter of no more than one page, double sided, 8-1/2”x11”, on company letterhead including the company name, address, phone number. The letter shall be addressed to the City referencing the RFP title. The principal contact person must be identified including direct phone number and email address. The letter shall be signed by an authorized officer of the firm. For joint ventures, the lead partner shall submit the letter on its letterhead, but it must be signed by all JV partners who are authorized to bind their respective firms under the CM/GC Preconstruction Agreement. Cover letter to include the following:

• Statement of interest for the Project including a summary of key points describing the

Proposer’s unique qualifications

• Availability and commitment of the Proposer’s Key Personnel.

• Statement confirming that Proposer’s Technical and Level of Effort Proposals are based on this RFP, including all Exhibits and Attachments.

• Statement regarding acknowledgement of all issued addenda, if any.

5.3.2 Section I – Firm Experience/Qualifications

B. Provide a brief description of the Proposer entity that will, if selected, be entering into the

Agreement and any other firms currently part of the Proposer’s team. A short background and ownership profile of each firm, principle office location, local office, and years in business. Also include the following:

• List all construction specialty building projects of a similar nature valued at least $10 million completed by the firm/team in the last seven years. Include the project name, name of agency/owner, project reference, project procurement method, final construction price, contract duration (in days), and percent of work self-performed.

• Describe a minimum of three (3) construction contracts completed (or completed in the next 120 days) by the firm/team in the past seven years that are most similar in scope, scale and complexity to this Project. Particularly similar projects involving CM/GC delivery. Describe any project challenges, innovative solutions provided, and lessons learned that can be applied to this Project. Include the project name, name of agency/owner, project procurement method, total initial contracted construction price and final price (do not include any preconstruction or operations services), initial/completed contract duration (in days), and percent of work self-performed.

Provide a reference for each project listed and identify proposed Key Personnel and role who participated in the delivery of the project. References may be contacted by the City and used as part of the evaluation process.

• Identify any contract or subcontract held by the firm or officers of the firm which is currently in litigation or formal arbitration and/or which has been terminated for cause or by mutual consent within the last five years. Identify any claims arising from a contract that resulted in litigation or arbitration within the last five years.

• Any other information relevant to this section that indicates the Proposer’s unique experience/qualifications.

5.3.3 Section II – Team Member Experience/Qualifications

A. Provide an organization chart, indicating the reporting structure of the personnel proposed for Preconstruction and Construction Services. Identify Key Personnel including Project

Manager, Preconstruction Manager, Procurement Manager, Construction Manager, Lead

Construction Superintendent, Quality Manager, Safety Manager, and individuals responsible for:

• Developing the Project Cost Model, cost estimates/updates and preparing GMP proposal(s)

• Developing the Project schedule including preconstruction and construction schedules, updates, phasing recommendations, and status reporting

• Completing design document reviews including constructability, biddability, deficiency reviews and alternate systems evaluations

• Completing subcontractor and major supplier selection/bidding process and sourcing for equipment and materials suppliers

B. Describe the overall team and qualifications and the benefit the Proposer’s team brings to the Project.

C. For Key Personnel, describe years of experience, qualifications, any specialized abilities/technical competence, and licenses/certifications. Explain the responsibilities on the

Project and their familiarity with CM/GC projects. If Key Personnel do not have specific

CM/GC experience, provide a statement on how their experience is relevant to this Project.

D. Develop a Key Personnel staffing plan showing percent involvement versus Project duration

(by quarters) identifying percent of time each Key Personnel will be involved in the Project during preconstruction and construction (100% = full time).

E. Identify whether any of the Key Personnel have successfully worked together by providing a matrix of their experience/role with the projects described in Section I of the Proposal.

Greater consideration will be given to teams and Key Personnel that have successfully worked together on past projects.

F. Describe your philosophy on maintaining and/or transitioning the team between the

Preconstruction and Construction services of the Project.

5.3.4 Section III – Project Understanding

A. Demonstrate knowledge and understanding of the Project. Identify significant risks that might have a material impact on cost, schedule, quality or may impact Project completion.

Identify challenges with plant maintenance, operation, and compliance during construction.

B. Demonstrate familiarity and understanding of the CM/GC preconstruction and construction process, as it relates to this Project. Identify the Preconstruction activities Proposer has determined as being most important to the success of the Project and elaborate on the anticipated benefits Proposer provides for those activities.

C. Describe Proposer’s understanding of the local labor and subcontracting market and the capabilities, and tools Proposer has in working with local subcontractors to generate viable and competitive prices.

5.3.5 Section IV – Project Approach

D. Provide a description of the Proposer’s approach for managing and performing its services during the Project’s preconstruction and construction. Address the following:

• Discuss how a collaborative relationship with the City and Design Professional will be established during preconstruction development, scheduling, cost estimating and risk management.

• Discuss how the design and construction processes will interface including how constructability issues, construction document packaging, alternative system evaluations (value engineering) and risk issues will be addressed.

• Describe the estimating systems and process Proposer will use to communicate Project costs, cost of any risk items, and assumptions, to the City and Design Professional.

• Describe the process for developing the GMP proposal including the approach to establishing contingency and for developing early equipment procurement and/or construction package GMPs.

• Describe the approach to adherence to the GMP during construction.

• Describe the approach to Project schedule development and identify the specific approaches to meeting the Project schedule.

• Discuss your approach to mitigating Project risks identified in Section III.

• Describe your approach to managing subcontractors and integrating them into a collaborative environment.

• Describe your approach to Project safety

• Describe Proposer’s approach to quality management and delivering a quality Project.

• Describe the preliminary Subcontracting Plan indicating the anticipated trades and scopes of work that Proposer intends to subcontract verses self-perform. Do not include any named subcontractors since subcontracted construction work is intended to be competitively bid by the CM/GC. Provide a table listing trades and scopes with columns for Subcontract and Self-perform, indicating by an “X” as to which is planned.

Be as detailed as practical based on the Project scope, including facilities, commodities, processes, systems and services, and all construction activities from site development through testing, start up and commissioning. Based on the listed items, estimate the percentage of the total Project Proposer would be capable of self-performing. It is the

City’s preference for the CM/GC to self-perform up to 50 percent of the Work on the

Project.

5.3.6 Appendix 1 – Key Personnel Resumes (Evaluated with Section II)

A. In Appendix 1 of the Proposal, provide resumes for Key Personnel with the history of employment, education, work experience, position/length of time with the firm, and any other information the selection committee might find useful in evaluating the qualifications and abilities of the individuals proposed.

5.3.7 Appendix 2 – CM/GC Preconstruction Agreement Review

A. Appendix 2 of the Proposal shall include a detailed review of the Draft CM/GC

Preconstruction Services Agreement (including its attachments), setting forth all revisions requested and the rationale for such revisions by the Proposer. Although the City will undertake negotiations with selected CM/GC, the CM/GC Preconstruction Services

Agreement Markup will be treated as a de facto offer that the City can accept as is, which would result in a binding agreement between the CM/GC without further negotiations or revision. The City is not obligated to accept any of the requested exceptions, modifications or additions, submitted by the Proposer in the CM/GC Preconstruction Services Agreement

Markup when negotiating and finalizing the CM/GC Preconstruction Services Agreement.

Furthermore, the City may request additional revisions during negotiations and before finalizing the CM/GC Preconstruction Services Agreement.

5.3.8 Appendix 3 – Preconstruction Services Level of Effort and Preconstruction

Services Scope Review

A. Appendix 3 of the Proposal shall include a level of effort (hours per subtask without hourly rates) for preconstruction services based on the tasks/subtasks as identified and described in

Attachment B – Scope of CM/GC Preconstruction Services. The level of effort shall include all personnel, including any subcontractors’ personnel planned to provide services during preconstruction. Other direct costs and subcontractor expenses shall not be included in the level of effort. Also include in Appendix 3 a critique of the Attachment B – Scope of

CM/GC Preconstruction Services. Identify and describe any additional tasks/subtasks that should be included, if any tasks are lacking in definition, and any additional definition that may be required in any tasks/subtasks.

6. Proposal Evaluation and Selection

6.1 General

A. The Proposals will be reviewed and evaluated by the City’s selection committee (with assistance provided by outside advisors, if desired by City) according to the requirements and criteria outlined in this Section. During the proposal evaluation process, written questions or requests for clarification may be submitted to one or more Proposers regarding its Proposal or related matters. Failure to respond in a timely manner to any such questions or requests may be grounds for elimination of the Proposer from further consideration. In addition, the City may require that all or a limited number of Proposers participate in interviews.

6.2 Responsiveness

A. Each Proposal will be reviewed to determine whether it is responsive to the RFP. Failure to comply with the requirements of this RFP may result in a Proposal being rejected as non-responsive. At its sole discretion, however, the selection committee may waive any such failure to meet a requirement of this RFP and may request clarification or additional information to remedy a deficiency.

6.3 Evaluation Criteria

A. The selection committee will evaluate the responsive Proposals to determine which

Proposer(s) will not be shortlisted for interview by applying weighted evaluation criteria, as set forth below, to the information provided in the Proposals.

• Cover Letter (No Points)

• Section I - Firm Experience/Qualifications – 20 points

• Section II - Team Member Experience/Qualifications – 25 points

• Section III - Project Understanding – 15 points

• Section IV – Project Approach – 30 points

• Appendix 1 – Key Personnel Resumes (evaluated with Section II)

• Appendix 2 - CM/GC Preconstruction Services Agreement Review – 5 points

• Appendix 3 – Preconstruction Services Level of Effort and Scope Review – 5 points

B. The City will create a short-list of up to four (4) Proposers. Interviews may be held with short-listed Proposers.

6.4 Interviews

A. Shortlisted Proposers will be advised by the City of the meeting time and place for the interview, which is intended to last approximately 90 minutes. In such notice, the City will also advise which Key Personnel are required to attend as a minimum. Failure of a Proposer or any Key Personnel requested by the City to participate in the interview process may result in the Proposer’s disqualification from further consideration.

B. The interview for the shortlisted Proposers will consist of a presentation period of not more than forty five (45) minutes for the Proposer to present their Proposal including its organizational approach, capabilities of Key Personnel, and potential opportunities for innovation and efficiencies based on their approach. A question period by the selection committee will follow, which may include questions that the committee sends to the

Proposers in advance with the interview notice, and/or questions posed on an ad hoc basis.

C. City will include with the interview notice an updated Exhibit 1 - CM/GC Preconstruction

Services Agreement and an updated Attachment B – Scope of CM/GC Preconstruction

Services. Based on the updated Exhibit 1 and Attachment B, the shortlisted Proposer must complete Attachment D - Fee and Rate Proposal Form identifying the Proposer’s not to exceed preconstruction services fee and the construction phase services fee as a percentage of the cost of Work. The completed Attachment D – Fee and Rate Proposal Form shall be submitted at the time of the interview in a sealed envelope clearly labeled as Fee and Rate

Proposal with the Proposer’s name and Project title.

6.5 Selection

A. The Proposer who the selection committee determines offers the best value to the City will be selected to enter into negotiations to provide CM/GC Preconstruction Services and to enter into GMP negotiations as the Project progresses.

7. Other Provisions and Requirements

7.1 Signing of Agreement

A. Within ten (10) calendar days after Owner issues Notice of Intent to Award the Preconstruction Services Contract to the successful Bidder, the Bidder shall pick up, sign and return to Owner, the required number of copies of the Agreement, bonds, insurance, and Status Verification System Affidavit (E-Verify): A minimum of four (4) originals will be signed and returned to the Owner. One executed original will be returned to the Bidder.

Bidder shall comply with all execution requirements.

B. All of Bidder’s executions and submittals must be delivered to the Owner before Owner will execute the Construction Contract. The Construction Contract will not be deemed awarded and shall not be binding on the Owner until it has been approved and executed by the Owner, and a fully executed copy is formally delivered to the Contractor.

7.2 Right of Use of Proposal Materials

A. By Proposer’s submission of its Technical and Fee Proposals in accordance with this RFP, Proposer gives the City the right to use, at its discretion and without any liability to Proposer, all materials submitted with exception of any materials clearly marked and justified as proprietary under license, patent, or formal agreement of Proposer. This right is provided whether or not Proposer is deemed responsive or non-responsive based on the RFP requirements.

7.3 Non-discrimination in Employment

A. Work under this Agreement will obligate the CM/GC and subcontractors not to discriminate in employment practices. CM/GC must, if requested, submit a compliance report concerning employment practices and policies to maintain their eligibility to receive the award of the Agreement.

B. Equal opportunity employment shall be reflected in the racial and sexual composition of Proposer’s work force and the City urges an affirmative program to overcome underutilization.

C. Proposer is advised that the Agreement for Preconstruction Services and the Construction Agreement, General Conditions and any Supplementary Conditions are subject to the applicable provisions of all Laws and Regulations. Contractor will be obligated, upon written request, to give all applicable assurances of compliance in connection therewith.

D. If federal non-discrimination requirements are applicable, Contractor must be fully knowledgeable and comply with such requirements.

7.4 Confidentiality

A. All responses, inquiries, and correspondence relating to this RFP and all reports, charts, displays, schedules, exhibits, and other documentation produced by the Proposer that are submitted as part of the Proposal or otherwise, shall become the property of the City when received by the City and may be considered public information under applicable law. The

City is subject to the disclosure requirements of the Government Records Access and

Management Act; Title 63G, Chapter 2, Utah Code Annotated (“GRAMA”). The City generally considers proposals and all accompanying material to be public and subject to disclosure. Any material considered by the Proposer to be confidential or proprietary must be accompanied by a written claim of business confidentiality containing a concise written statement of reasons supporting the claim. Blanket claims that the entire RFP is confidential will be denied. The City cannot guarantee that any information will be held confidential. If the Proposer makes a claim of business confidentiality, the City, upon receipt of a request for disclosure, will determine whether the material should be classified as public or non-public, and will notify the Proposer of such determination. The Proposer is entitled under

GRAMA to appeal an adverse determination.

B. The City is not obligated to notify the Proposer of a request to see the Proposer’s proposal, and will not consider a claim of confidentiality, unless the Proposer’s claim of confidentiality is made in a timely basis and in accordance with GRAMA.

7.5 Obligation to Keep Project Team Intact

A. The City expects all Key Personnel proposed for preconstruction to be available if selected for the Project and to provide services throughout the duration of the Project. After

Agreement execution for CM/GC Preconstruction Services, Key Personnel will be committed to the preconstruction services as proposed and changes of Key Personnel will not be accepted, unless a Key individual no longer works for the firm or any of its affiliates or subsidiaries or other justified unavoidable circumstances.

B. During the RFP, Proposer shall not substitute Key Personnel, except in unavoidable circumstances. If extraordinary circumstances require a change, it must be submitted in writing to the City, who, at its sole discretion, will determine whether to authorize a change, recognizing that certain circumstances (such as termination of employment) may occur that are beyond the Proposer’s control. Unauthorized changes to the Project Team at any time during the procurement process may result in elimination of the Proposer from further consideration. In such circumstances, the City shall make a determination as to whether that

Proposer is responsive and may continue to participate in the selection process.

C. Subsequent to the RFP process and prior to Notice of Award, the selected Proposer shall not substitute a Key Personnel position. In such circumstances, the Proposer shall notify the City in writing that an individual is no longer available to participate on the Project team and provide acceptable justification. The City will review the justification and the potential effect of the change and may, at the City’s sole discretion, revise the final selection to determine whether that Proposer may continue as the selected CM/GC in the negotiation process.

7.6 Rights of the City

A. In connection with this procurement process, including the receipt and evaluation of

Proposals and award of the CM/GC Agreement, the City reserves to itself (at its sole discretion) all rights available to it under applicable law, including without limitation, with or without cause and with or without notice, the right to:

• Cancel, withdraw, postpone, or extend this RFP, in whole or in part, at any time prior to the execution of the CM/GC Agreement, without incurring any obligations or liabilities

• Modify the procurement schedule

• Waive deficiencies, informalities and irregularities in a Proposal and accept and review a non-conforming Proposal

• Suspend and terminate the procurement process or terminate evaluations of Proposals received

• Permit corrections to data submitted with any Proposal

• Hold meetings and interviews, and conduct discussions and correspondence, with one or more of the Proposers to seek an improved understanding of any information contained in a Proposal

• Seek or obtain, from any source, data that has the potential to improve the understanding and evaluation of the Proposals

• Seek clarification from any Proposer to fully understand information provided in the

Proposal and to help evaluate and rank the Proposers

• Reject a Proposal containing exceptions, additions, qualifications or conditions not called for in the RFP or otherwise not acceptable to the City.

• Conduct an independent investigation of any information, including prior experience, included in a Proposal by contacting project references, accessing public information, contacting independent parties, or any other means

• Request additional information from a Proposer during the evaluation of its Proposal

7.7 Protests

A. Controversies and protests shall be conducted in accordance with the requirements set forth in Utah Code Chapter 63G-6a Utah Procurement Code, specifically Parts 16 through Part

19.

Provo City Water Reclamation Facility Administration and Collections Buildings Project CM/GC PreConstruction Services Agreement Page 1

PROVO CITY

Provo City WRF Administration and Collections Buildings Project

EXHIBIT 1

CONSTRUCTION MANAGER/GENERAL CONTRACTOR

DRAFT PRECONSTRUCTION SERVICES AGREEMENT

This Agreement is dated as of the ______ day of in the year 2027, by and between

Provo City, (hereinafter called City) and _____________________________

(hereinafter designated as the Construction Manager/General Contractor or CM/GC). The City and CM/GC may be referred to in this Agreement, individually, as a “Party” and together as the “Parties.”

RECITALS

A. The City is authorized and empowered by provisions of the Provo City Code to execute contracts for professional services, CM/GC, and construction services.

B. The City intends to construct, the Provo City Water Reclamation Facility Administration & Collections

Building Project as described in Attachment A - Project Description attached, hereinafter referred to as the "Project". The City estimates the value of the Project is $12,000,000 inclusive of CM/GC’s

Contingency and City’s Contingency.

C. To undertake the design of said Project the City is working with Water Works Engineers (Engineer), 2975 Executive Parkway, Suite 310, Lehi, Utah 84048 to design the Project and to perform certain services during construction. Together, Engineer, and their subconsultants and representatives are referred to in this Agreement and the Contract Documents as the "Design Professional(s)”.

D. Preconstruction services covered by this Agreement includes attendance at meetings and workshops, development of a Cost Model, cost estimating, constructability reviews, biddability reviews, alternate system evaluations (value engineering), development of a Project Schedule, advising on the scope for construction packages and other items described herein.

E. The CM/GC has represented to the City the ability to provide preconstruction services and to construct the Project.

F. Based on this representation, the City intends to enter into a contract with the CM/GC for the preconstruction services identified in this Agreement. At the end of the preconstruction, at the City's discretion, the City will enter into separate construction Agreement with the CM/GC for construction services.

CM/GC PreConstruction Services Agreement Page 2

AGREEMENT

NOW THEREFORE, for and in consideration of the mutual covenants and considerations hereinafter contained, it is agreed by and between the City and CM/GC as follows:

ARTICLE 1. ARTICLE 1-TERMS AND DEFINITIONS

1.1 Addenda - Written or graphic instruments issued prior to the submittal of the GMP

Proposal(s), which clarify, correct or change the GMP Proposal(s) requirements.

1.2 Agreement - This written document signed by the City and CM/GC covering the preconstruction of the Project, and including other documents itemized and referenced in or attached to and made part of this Agreement.

1.3 Alternate Systems Evaluations (Value Engineering) - Alternatives for design, means and methods or other scope considerations that are evaluated using value engineering principles and have the potential to reduce construction costs while still delivering a quality and functional Project that meets the City requirements.

1.4 Amendment - A written instrument issued after execution of the Agreement Documents signed by the City and CM/GC, stating their agreement upon all of the following: the addition, deletion or revision in the scope of the preconstruction services or Deliverables;

the amount of the adjustment to the Contract Amount, or modifications of other contract terms.

1.5 City - Provo City a city in Utah, with whom CM/GC has entered into this Agreement and for whom the services is to be provided pursuant to said Agreement.

1.6 Construction Documents - The plans, specifications, and drawings prepared by the Design

Professional and issued as approved for construction meaning the documents labeled “Final

For Construction GMP” which are signed and sealed by the Design Professional.

1.7 Construction Fee - Expressed as a percentage of the Cost of the Work, the percentage that represents the CM/GC's administrative costs, home office overhead, and profit, whether at the CM/GC's principal or branch offices. This Fee excludes items covered in the Cost of

Work and General Conditions, and any cost not allocated or paid by the City or other limitations and exclusions set forth in the General Conditions and Supplementary

Conditions for construction. The Construction Fee is proposed by the CM/GC in Article 5 and will be the percentage applied to determine the GMP.

1.8 Construction Manager/General Contractor (CM/GC or Contractor) - The person, firm, corporation, or other approved legal entity with whom the City has entered into this

Agreement to provide services as detailed in this Agreement.

CM/GC PreConstruction Services Agreement Page 3

1.9 Contingency, CM/GC - A fund to cover cost growth during the Project used at the discretion of the CM/GC usually for costs that result from Project circumstances. The amount of the CM/GC Contingency will be negotiated as a separate line item in the GMP.

Use and management of the CM/GC Contingency is described in Section 2.6.H.

1.10 Contingency, City's - A fund to cover cost growth during the Project used at the discretion of the City usually for costs that result from City directed changes or site conditions. The amount of the City's Contingency will be set solely by the City and will be in addition to the Project costs included in the CM/GC's Cost Estimate summary. Use and management of the City's Contingency is described in Section 2.6.I.

1.11 Contract Amount - The final approved budget for this Agreement as identified in

ARTICLE 4.

1.12 Contract Documents - This Agreement, exhibits, attachments, the Notice to Proceed for preconstruction services, all written Amendments to this Agreement and any other documents so designated in this Agreement.

1.13 Cost Model - A breakdown of the scope of the Project that is initially developed by the

CM/GC based on information from the Design Professional and the CM/GC's records of similar projects. The model will evolve as the design progresses and be maintained by the

CM/GC throughout the design and will include any assumptions and clarifications made by the CM/GC. The model will support any cost estimates, Alternate Systems Evaluations

(value engineering), and eventually the GMP Proposal, when required by the City. The model will comply with the specified requirements outlined in Section 2.5 and Attachment

E – Cost Estimate Submittal Requirements.

1.14 Cost of the Work - The direct costs necessarily incurred by the CM/GC in the proper performance of the Work. The Cost of the Work includes direct labor costs, subcontract costs, costs of materials and equipment incorporated in the completed construction, costs of other materials and equipment used in the performance of the Work, costs of establishing temporary facilities and controls, project related permit and license fees, cost of materials testing and related items, and the cost of consultants required for any delegated design. The

Cost of the Work will cover all Work required in the GMP Documents including the Work shown on drawings; the Work specified in specification Divisions 01 through 48. The Cost of the Work does not include the CM/GC's Construction Fee, General Conditions costs, applicable taxes, bonds, insurance costs, or any cost item that is furnished or procured by the City. The Cost of the Work is more specifically defined in ARTICLE 5.

1.15 Day - Calendar day(s) unless otherwise specifically noted in the Contract Documents.

1.16 Deliverables - The work products prepared by the CM/GC in performing the services described in this Agreement. Some of the major deliverables to be prepared and provided

CM/GC PreConstruction Services Agreement Page 4 by the CM/GC during preconstruction may include but are not limited to: Cost Model, Project Management Plan, Project Schedule, Schedule of Values, Alternate Systems

Evaluations (value engineering), procurement strategies and plans, cost estimates, construction market surveys, cash flow projections, GMP Proposal(s), Subcontractor procurement plan, Statement of Proposed Disadvantaged Business Enterprise participation in each trade, Subcontractor agreements, Subcontractor bid packages, Supplier agreements, and others as indicated in this Agreement or required by the City.

1.17 Design Professional - The qualified, licensed person, firm or corporation who furnishes design services required under the Contract Documents.

1.18 Drawings (Plans) - Documents (printed or electronic .pdf format), which visually represent the scope, extent and character of the Work to be furnished and performed by the CM/GC during construction and which have been prepared and approved by the Design

Professional and the City. Includes drawings that have reached a sufficient stage of completion and released by the City and Design Professional solely for the purposes of review and/or use in performing constructability or biddability reviews and in preparing cost estimates (e.g. Drawings at 30%, 60%, or 90%), but not “Final For Construction”.

Shop Drawings are not Drawings as so defined.

1.19 General Conditions Costs - Includes, but is not limited, to the following costs: Payroll costs and other compensation, benefits, bonuses of CM/GC’s supervisory…