City of Logan, Utah

City of Logan, Utah

Request for Proposals For Construction Manager/General Contractor Services

LOGAN REGIONAL WASTEWATER TREATMENT FACILITY

November 2017

REQUEST FOR PROPOSALS Construction Manager/General Contractor Services for

Logan Regional Wastewater Treatment Facility Improvements

TABLE OF CONTENTS

1.0 Introduction ............................................................................................................ 1

2.0 Project Description ................................................................................................ 2

3.0 Schedule ............................................................................................................... 4

4.0 Scope of CM/GC Services ..................................................................................... 5

5.0 Selection and Award Process ................................................................................ 6

6.0 Request for Information and Issuance of Addenda ................................................ 7

7.0 Proposal Submittal Requirements ......................................................................... 8

8.0 Contents of Proposal and Evaluation Criteria ........................................................ 9

9.0 Reference Checks ............................................................................................... 23

10.0 Interviews ............................................................................................................ 23

11.0 Final Selection ..................................................................................................... 24

12.0 Public Disclosure ................................................................................................. 24

13.0 Debriefing and Protest Procedures ...................................................................... 25

14.0 Cancellation and Rejection of Proposals .............................................................. 26

Attachment A – Preconstruction Scope of Work

Attachment B – Proposal Forms

Attachment C – Utah DWQ SRF Funding Requirements

Attachment D – Preproposal Services Contract

Attachment E – CM/GC Construction Contract

Logan City Page i October 13, 2017 Logan Regional WWTF Table of Contents



Logan City Logan Regional WWTF

Page 3 October 13, 2017

LOGAN CITY

REQUEST FOR PROPOSALS


CONSTRUCTION MANAGER/GENERAL CONTRACTOR (CM/GC)

A. Request for Proposals: Logan City (City) is requesting Proposals from

qualified general contractors to provide Construction Manager/General

Contractor (CM/GC) services for the Logan Regional Wastewater Treatment

Facility Project.

B. Use of CM/GC: The Project will utilize the Construction Manager/General

Contractor alternate contracting procedure authorized in the Utah

Procurement Code.

C. Overview of CM/GC’s Role: The CM/GC is being selected to provide the City

and its design engineer, Carollo Engineers, Inc. (Carollo), with expertise and

experience that will assist in decision-making, constructability reviews, value

engineering, budget control, cost estimating, schedule control, and

sequencing of construction.

D. Selection Process: The CM/GC selection process has multiple steps. The first

step consists of submission and evaluation of the proposals in accordance

with the criteria set forth in the Request for Proposals (RFP). Based on the

evaluation of Proposals, the City will invite a short list of proposers to

participate in interviews. The scores from the proposals and interviews will be

combined to establish the top rated firm to be selected for the work.

E. Preconstruction Services Contract: The City intends to negotiate and execute

a Preconstruction Services Contract with the selected CM/GC. The City has

identified a draft scope of work for the Preconstruction Services in

Attachment A.

F. Negotiation of GMP: The City anticipates that at or near the completion of

preconstruction activities, the CM/GC and City will enter into negotiations for a

Guaranteed Maximum Price (GMP). Upon agreement on the GMP, a CM/GC

Construction Contract will be executed for Construction Services.

Construction Services will then commence, including soliciting bids for the

initial subcontract bid packages, recognizing that the City and the selected

1.0 INTRODUCTION





CM/GC may have previously agreed to permit early subcontract bidding for

some subcontract bid packages.

G. Unsuccessful GMP Negotiation: If agreement on the GMP cannot be

reached, the City reserves the right to bid the project using a conventional

design/bid/build approach. 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 phase.

H. Cost of Responding to RFP: All costs incurred by firms choosing to

participate in this RFP process shall be borne by the proposing firms.

I. Questions: All inquiries about this RFP are to be directed, in writing, to the

individual identified in Section 6.0 A of this RFP.

J. Project Informational Meeting: An informational meeting will be held to discuss

proposal requirements, provide additional information, and to respond to

questions. The meeting will be held on the date and time and at the

location indicated in Section 3.0 (Schedule) of this RFP.

K. Site Visit: Interested firms are invited to attend the Site Visit, which will be

held following the conclusion of the Informational Meeting. The Site Visit and

tour will include a walk through and orientation of the Project Site.

A. Summary: The Logan Regional Wastewater Treatment Facility will be a new

18 million gallon per day (mgd) treatment facility that will replace the existing

lagoon treatment system. The lagoons must remain in operation during the

construction of the new treatment facility. The Wastewater Treatment Facility

will be funded with Federal, State, and City funds.

The 18 mgd Logan Regional Wastewater Treatment Facility will include a new

pump station located at the headworks (Process Area 10) of the existing

lagoons. Wastewater will be pumped approximately 1 mile to the new

treatment plant site located on the south side of the lagoons.

2.0 PROJECT DESCRIPTION





The facilities to be constructed on the new site include but are not limited to the

following:

1. New Headworks with screening and grit removal (Process Area 20).

2. Three new Bioreactors (Process Area 40).

3. Four new Clarifiers (Process Area 50).

4. New UV Disinfection Building (Process Area 60).

5. Return Activated Sludge (RAS) Building with BioMag feed/recovery

(Process Area 70).

6. New Dewatering Building (Process Area 80).

7. New Solids Holding Tank (Process Area 85).

8. New Operations Building (Process Area 90).

9. New Influent Pump Station Electrical Building (Process Area 95).

10. New Bioreactor Electrical Building (Process Area 96).

11. New Generator Switchgear Building (Process Area 98).

The project includes excavation, grading, paving, yard piping, mechanical,

electrical, instrumentation and controls, and other ancillary items to make a

complete and functioning wastewater treatment plant.

B. Project Cost and Schedule:

1. The construction budget for the plant improvements is $107 million.

2. Construction on the Project is scheduled to begin the second quarter of

2018. Construction must be substantially completed by October 2021.

C. Other Considerations:

1. Challenging geotechnical conditions. Based on a geotechnical evaluation,

the site conditions include naturally occurring compressible soils which

must be carefully considered to achieve desirable foundation performance

of the various project components. Additionally, a relatively shallow

groundwater table, along with potential for artesian conditions in certain

locations, is present that affects both design and construction of all

structures. Design and construction measures must include adequate

shoring, excavation, groundwater control, and foundation stabilization

measures to address these issues.





The following is the current schedule for the selection, contracting, and construction for

the Project. The City reserves the right to modify the schedule as circumstances may

warrant.

Date Description

November 8, 2017 Issue RFP.

November 29, 2017 Pre-Proposal Meeting at 10:30 AM Mountain

Standard Time at the following location: Logan City

Environmental Department, 153 North 1400 West,

Logan, Utah 84321.

December 5, 2017 All questions must be submitted by writing, no later

than 5:00 PM Mountain Standard Time.

December 12, 2017 Final addendum issued (if needed) in response to

Questions in regards to RFP.

December 19, 2017 Proposal Submission Deadline no later than

3 : 00 PM Mountain Standard Time.

December 29, 2017 Notify All Proposers of the Short-List Firms Selected

for Interview.

January 8-12, 2018 Interview Short-List Firms.

3.0 SCHEDULE





The CM/GC is involved in two distinct stages of project delivery. Initially the CM/GC

provides Preconstruction Services and later Construction services as summarized

below:

A. Preconstruction Services: The CM/GC will work collaboratively with the City

and Design Team, as a member of the project team to review significant

aspects of the project. The Preconstruction Services will be performed over a

period of approximately 4 months. Among the tasks the CM/GC will perform

during preconstruction period are the following: develop recommendations

regarding means and methods, safety and security, schedules, coordination

of the work, potential cost saving measures, value engineering, subcontract

packaging, and other issues related to work constructability and

avoidance/mitigation of project risks. The CM/GC shall provide necessary

consulting expertise to the City to ensure that the program scope is

maximized and the construction budget and the Project schedule are met,

and will provide cost estimating for the project, cost tracking, and will work

with the Design Team on reconciling cost estimates. Upon completion of

Preconstruction Services, the CM/GC and City will enter into negotiations

for the GMP.

A preliminary scope of work for Preconstruction Services is included in

Attachment A to this RFP.

B. Construction Services: If a GMP is agreed upon and a CM/GC Construction

Contract is entered into between the City and the CM/GC, the CM/GC shall

provide full general contracting services for construction of the Project in

accordance with the requirements of the Contract Documents, except to

the extent work is specifically indicated in the Contract Documents to

be the responsibility of others. If for any reason the City and the

selected contractor do not enter into a CM/GC Construction

Contract, the contractor shall have no recourse whatsoever against

the City for such failure to enter into a construction contract.

A draft contract for the Construction Services work is provided in

Attachment E.

4.0 SCOPE OF CM/GC SERVICES





The procurement of these CM/GC services will be in accordance with the City of

Logan and other applicable federal, state, and local laws, regulations, and

procedures.

The process for selection of the CM/GC Contractor for preconstruction and construction

services is as follows:

A. Submittal of Proposals: Firms interested in this CM/GC project may submit a

Proposal in accordance with the requirements set forth in this Request for

Proposals for CM/GC Services. All Proposers must be registered General

Contractors with the State of Utah with E100 and B100 licenses in effect, as of

the proposal submittal deadline.

B. Evaluation of Proposals: The first step in the selection process will consist of

evaluation of the Proposals received in response to this RFP and in

accordance with the evaluation criteria set forth in this RFP.

C. Reference Checks: Concurrent with the evaluation of Proposals, the City will

conduct reference checks, as described in Section 9.0 (Reference Checks)

of this RFP.

D. Interviews: The second step in the selection process will consist of an

interview to which a short list of proposers will be invited. The Interview

scores and Proposal scores will be added together to determine the highest

ranked proposer.

1. If the Proposer fails to execute the Preconstruction Services Contract

by the deadline provided in Section 3.0 (Schedule) of this RFP, or

such other deadline as the City may provide in writing to the

Proposer, the City may select the next highest ranked firm for

entering into a Preconstruction Services Contract.

E. Completion of GMP Negotiations: GMP negotiations will take place prior to

execution of the CM/GC Construction Contract, unless the City and the

CM/GC agree that the CM/GC may bid and award some subcontract

packages early. The Contractor shall not be reimbursed for the GMP

negotiations. Following successful negotiations of the GMP, the City will

finalize and execute the CM/GC Construction Contract.

F. Failure to Negotiate GMP: Should the CM/GC and City not agree on a

5.0 SELECTION AND AWARD PROCESS





satisfactory GMP, the City shall terminate the negotiations and prequalify

general contractors to bid on the project in a conventional design/bid/build

approach. If for any reason the City and the selected contractor do not

enter into a CM/GC Construction Contract after the contractor’s performance

of the Preconstruction Services, the contractor shall have no recourse

whatsoever against the City for such failure to enter into a CM/GC

Construction Contract.

G. Compliance with RFP: Failure by a Proposer to comply with the

requirements of this RFP may result in the City declaring the Proposal as

nonresponsive.

A. Request for Information (RFI): After complete review of the solicitation

documents, if a Proposer has questions or needs clarification of the

solicitation documents, the Proposer shall submit a written RFI by email to the

following address:

Lori Mathys - Purchasing Agent

City of Logan

290 North 100 West

Logan, UT 84321 E-mail [email protected]

Inquiries shall reference the appropriate section and paragraph number of the

solicitation documents.

B. RFI Submittal: All inquiries about this RFP shall be directed, in writing, only to

the City’s Purchasing Agent at the above address. Proposers who contact any

other City employee or consultant with questions may have their proposal

declared non-responsive. Questions must be received by the City no later

than the date specified in Section 3.0 of this RFP.

C. Addenda Response to RFIs: The City will provide answers to RFIs only via

addenda which shall be distributed to all proposers. Only questions

answered by formal written addenda shall be binding. Oral interpretations

shall be without legal effect.

D. Addenda May Be Issued: In the event it becomes necessary to revise any

6.0 REQUEST FOR INFORMATION AND ISSUANCE OF ADDENDA





part of this RFP, addenda will be issued and distributed to all proposers. If

addenda are issued, the time and date set for submittal of Proposals may

be changed by the City to enable Proposers to take into account the addenda

in preparing their Proposal.

E. Other Provisions Unchanged: If an addendum is issued amending this RFP,

all provisions that are not modified remain unchanged.

F. Acknowledgement of Addenda: Proposers shall acknowledge receipt of any

and all addenda to this RFP by acknowledging on the Proposal Form

included in Attachment B of this RFP.

A. Submittal Requirements: Ten (10) bound copies and one (1) electronic PDF

copy of the Proposal containing the information required by this RFP shall

be submitted. The bound proposals should be in an 8 1/2-inch by 11-inch

format. Proposers are encouraged to “double side” the printing of their

proposals, however, for the purposes of page limitations of the proposal

outlined in the RFP, one side of a printed page is considered one page.

Proposals must be submitted on or before the date and time specified in

Section 3.0 of this RFP, to the following address:

Logan City

Attention: Lori Mathys, Purchasing Agent

290 North 100 West

Logan, UT 84321

B. Conflicts: In the event of any conflicts between the hard copy and electronic

copy of the proposal, the original hard copy will prevail.

C. Late Proposals: Proposals will not be accepted by the City after the date and

time specified. In the event that a Proposal package is delivered after the

proposal submission deadline, the Proposal will not be accepted or

considered. The City will not be liable for delays in delivery of Proposals due

to handling by the U.S. Postal Service, or any other type of delivery service.

D. Only Hard Copy Submittals: No oral, FAX, electronic (e.g. e-mail),

telegraphic or telephonic Proposals or subsequent modifications to such

Proposals will be considered except as specified herein.

7.0 PROPOSAL SUBMITTAL REQUIREMENTS





E. Packaging of Proposals: Submittals and their packaging (boxes or

envelopes) should be clearly marked with the name and address of the

Proposer and should be marked: “Logan City Request for Proposals for

Construction Manager / General Contractor Services for the Logan Regional

Wastewater Treatment Facility.”

F. Reviewing Proposals: The City will make such reviews and investigations, as

it considers necessary and appropriate for evaluation of the Proposals.

Approval and award of a Preconstruction Services Contract and CM/GC

Construction Contract will be made pursuant to City policies.

G. Clear and Responsive Proposals: The City has made every effort to include

enough information within this RFP for a firm to prepare a responsive

Proposal. Proposers are encouraged to submit the most comprehensive and

competitive information possible. Proposals that do not respond completely

or sufficiently to the evaluation criteria in this RFP may be rejected as non-

responsive, or will receive correspondingly lower scores for those criteria,

which may result in the Proposal not scoring high enough to be considered

further.

Firms shall submit Proposals meeting the following content requirements. The City

reserves the right to request additional information from Proposers.

A. General Proposal Format: Proposals must address each of the evaluation

criteria set forth below in a clear, comprehensive, and concise manner and in

the format prescribed below. In order for the City to adequately compare and

evaluate qualifications and project approach objectively, all Proposals must

be submitted in accordance with the following format in terms of order, should

be clearly separated with tabs, and labeled by response to specific requests

and criteria. The Proposals should be prepared simply, providing

straightforward and concise information that will enable the selection

committee to quickly access pertinent information. Proposals should avoid

duplication of information presented in the Proposal.

B. Proposal Outline: The proposal shall be organized as follows:

1. Cover Letter: The Proposer may include a Cover Letter with the

Proposal not to exceed two (2) pages. The Cover Letter may contain

any information desired by the proposer but not required by this RPF.

8.0 CONTENTS OF PROPOSAL AND EVALUATION CRITERIA

mailto:[email protected]





2. Responses to Evaluation Criteria.

3. Proposal Form: Complete Form in Attachment B.

4. Accident Prevention Program for your firm.

5. Insurance Certificates.

C. Evaluation Criteria: The Evaluation Criteria to be used in evaluating the

Proposals and maximum number of points assigned for each criterion are

outlined below. In responding to the Evaluation Criteria, the Proposer should

organize its proposal so that the qualifications are clearly illustrated for each

Evaluation Criteria.

No.

Evaluation Criteria for Proposals Maximum Points

1 Qualifications of Proposer 10

2 Qualifications/Ability of Key Personnel 10

3 Past Experience and Performance of the Proposer 20

4 Proposer’s Approach to Executing the Project 10

5 Proposer’s Ability to Meet Time and Budget Requirements 5

6 Approach to Cost including Innovation and Proposal Price 30

Total for Proposals: 85

7 Interview 15

Total for Selection Process: 100

Evaluation Criterion 1 Qualifications of Proposer 10 points

Note: Information submitted in response to this Evaluation Criterion should be no

longer than four (4) pages. If applicable, the copy of the joint venture agreement shall

not be included in this page count limitation.

A. Organization:

1. History and Structure of Firm: Provide a brief description of the history

and structure of the firm including, but not limited to the following: the





date it was established, any former name(s), type of ownership or legal

structure, state of incorporation, Proposer's Federal Tax ID number.

2. Organizational Structure: Describe the organizational structure of the

firm, and whether the firm is a corporation, joint venture, or other legal

entity. Identify how the organizational structure will result in an

integrated and cohesive team for managing the project.

3. Joint Ventures: If the firm is a joint venture, describe the component

parts and identify projects where the joint venture partners have had

experience working together in the past in managing projects similar in

size, scope, and complexity to this Project. Describe the specific

responsibilities of each member of the joint venture. The Proposer

should specify the degree of control each member of the Joint Venture

will exercise, the distribution of profit and loss, and identification of

work responsibilities each member will exercise. Include a copy of the

joint venture agreement as part of the Proposal.

B. Management:

1. CM/GC Capabilities and Approach: Describe the capabilities and

approach of your firm in managing, performing, and completing large

and complex CM/GC projects in Utah or other states, such as that

described in this RFP. The description should address your firm's

experience with cost estimating, controlling costs, value engineering,

ensuring quality of construction work, meeting schedules, facilitating

cooperation with other members of the project team and third-party

interests, and responsiveness to owner's requests.

2. Management and Planning Tools: Describe the management and

planning tools your firm will use to ensure an effective project.

3. Communications: Describe your firm's internal communication and

coordination protocols between all levels of the organization who will

be working on this project. Also, describe communication and

coordination protocols between your firm and other members of your

CM/GC team.

4. Familiarity with Local Laws: Regulations and Project Requirements:

Demonstrate your firm’s understanding of state and local legal

requirements applicable to this project, including identification of

applicable state and local permitting inspecting entities, and previous

project experience with Utah SRF funding requirements.





C. Workloads:

1. Historical Volume of Work: What has been your firm's annual volume

(in dollars) of construction for the past five years (2012 through 2017)?

2. Anticipated Volume: What is the anticipated construction volume and

plan for the next three years (2018 through 2020)? How would your

firm's projected workload affect the capacity and capability of your firm

to manage and perform the work of this Project? What steps would

your firm take and commitments would your firm make to ensure that

adequate resources are applied to this Project?

D. Bonding Capacity: Describe the firm's current bonding capacity and provide

documentation addressing the ability of the firm to provide separate Payment

and Performance bonds for this Project, each in the amount of 100% of the

Total Contract Cost.

E. Financial Capacity: Provide complete 2016 audited financial statements

including income statement, balance sheet, and any other referenced or

supporting documentation to allow determination of the firm’s financial stability

and capacity to perform the work. Joint ventures of more than one firm shall

submit separate financial information for each firm.

Evaluation Criterion 2 Qualifications/Ability of Key Personnel 10 points


longer than six (6) pages, including one page for the Organizational Chart, which may

be on an 11-inch x 17-inch sheet. Resumes, which shall not exceed two pages for

each individual, shall not be included in the six (6) page count limitation.

A. Background and Experience of Key Personnel: Describe the abilities,

specialized experience, technical competence, and qualifications of the firm's

professional key personnel that will comprise the proposed Project Team.

1. Identify, at a minimum, the corporate executive dedicated to the

Project, the project manager for preconstruction and construction

services, the lead superintendent(s), the project engineer, the cost

estimator, the scheduler, and the safety officer (key personnel).

a. List the name and title of the key personnel to be assigned to

the Project Team and their proposed role and responsibilities

on this Project.





b. Describe the familiarity of each of the key personnel with

CM/GC projects. If any of the key personnel do not have

specific CM/GC experience, provide a statement on how

their experience is relevant to this project.

2. Demonstrate the qualifications and experience of the key personnel to

be assigned to this Project by listing three (3) past or current projects

performed by each of the key personnel including the following:

a. Project name, location, and brief description of project

including its size, scope, and complexity.

b. Description of the individual's position and responsibilities on

the projects.

c. Whether the individual worked for the contractor,

subcontractor, or other.

d. Relevance of the project experience to the work required for

this Project, including project delivery methods, such as

CM/GC or similar contracting methods.

e. Contact information for each project including the owner and

firm employing the key individual. References may be

contacted by the City and used as part of the evaluation

process.

3. Identify whether any of the key individuals have successfully worked

together on previous projects similar in size, scope, and complexity to

this Project. Describe the projects.

4. Describe the extent of involvement of the individuals assigned during

each phase of the Project (preconstruction, subcontract buyout and

construction) expressed as a percentage (100% = full time).

5. Provide a copy of resumes for all key personnel with the history of

employment, education, work experience, 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.

B. Organizational Chart: Provide an organizational chart showing the overall

organizational structure for the key individuals to be assigned to the Project

Team. Provide a separate chart for the preconstruction and construction

phases.





C. Availability of Key Personnel: Discuss the availability and commitment of

the key personnel identified for the entire Project (Preconstruction Services

and Construction Services).

1. Note: If selected, Proposer acknowledges that it will provide for the

duration of the Project, the full complement of staff, including the

specific persons identified in its Proposal.

Evaluation Criterion 3 Past Experience and Performance of the Proposer

20 points

Note: Information submitted in response to this Evaluation Criterion should be no longer than six (6) pages.

A. List of Similar and/or Complex Projects: Provide a list of relevant projects.

Experience with wastewater projects and/or wastewater CM/GC projects is

desirable. For projects outside of Utah using similar alternative delivery,

such as CM/GC or CM at Risk, the proposers should describe the specific

terms of how these projects are similar to the CM/GC process. For each

project, include the project name, owner's name, and the final Total Contract

Cost.

1. For each project indicated, provide a description of the project, the

duration of construction, a description of the Preconstruction Services

performed and an explanation of how the experience on these projects

will help you to successfully complete the project described in this

RFP. Note if any of the individuals named in your Project Team

participated as members of the project team for the listed project.

2. Describe your firm's understanding and knowledge of CM/GC

contracting, and how such knowledge, along with your experience

with non-CM/GC projects would enable you to successfully complete

the CM/GC project described in this RFP.

B. WWTP Experience: Describe the experiences of your firm and/or key

personnel in successfully managing construction of wastewater treatment

facilities.

C. Data for Previous Projects: Choose five projects listed in items A and B

above that are most relevant to this project in terms of size, complexity, type

of work, and project impacts. Provide the following additional information for

those 5 projects.





1. Owner's original estimated cost for the project.

2. Original Total Contract Amount as identified in the contract between

the CM/GC Contractor and Owner.

3. Final Total Contract Amount.

4. Explanation of the reasons for any difference between the Original and

Final Total Contract Amount.

5. Original Substantial Completion date for the project as identified in the

contract between CM/GC or Contractor and Owner.

6. Actual Substantial Completion date.

7. Explanation of the reasons for any difference between the Original and

Actual Substantial Completion date.

8. Contact Information including name, position, telephone number, and

e-mail address of a representative of the client's organization who is

familiar with your work.

D. Litigation: List any projects which have resulted in litigation over the last

10 years. Provide details as to the reason for the litigation and any resolution.

Evaluation Criterion 4 Proposer’s Approach to Executing the Project

10 points

Note: Information submitted in response to this Evaluation Criterion should be no longer than ten (10) pages. The Safety & Health Qualification Statement and your firm's Accident Prevention Program shall not be included in this page count limitation.

A. Project Issues:

1. Project Challenges: Describe your firm's understanding of the scope of

the project. Discuss your firm's approach to construction and

completing the Project. Identify and describe the major complexities

and challenges to successful completion of the Project, and how the

firm proposes to approach them. Specifically address the challenges

identified in Section 2.0 C (Other Considerations).

2. CM/GC Challenges: Identify and discuss key challenges and issues in

using the CM/GC process and how your firm would manage those

challenges and issues on this Project. Specifically address at least the

following issues:

a. How your firm would administratively manage, track, and

invoice for the various separate cost categories that comprise

the Total Contract Cost.





b. The risks your firm would identify, and the strategies you

would employ, in successfully negotiating a GMP

acceptable to the Owner and within the Owner's budget.

3. Relationships: Elaborate on how your team will work to establish

productive relationships with the owner, design team and third parties.

Provide examples of community outreach programs and successful

communication techniques used on similar projects.

4. Coordination and Interface Management: Describe your approach to

ensuring effective coordination between the various disciplines

required for the project.

B. Preconstruction Issues:

1. Philosophy: Describe your firm's philosophy and approach to

Preconstruction Services.

2. Capabilities: Identify your firm's experiences and expertise in providing

the Preconstruction Service responsibilities identified in Attachment A.

3. Critical Preconstruction Activities: Identify the Preconstruction

activities that you see as being most important to the success of the

project and elaborate on the anticipated benefits of those activities to

the project.

4. Project Examples: Provide two or more examples of projects that

demonstrate the range of Preconstruction Services your firm has

provided on previous CM/GC projects (or private sector projects with a

guaranteed maximum price (GMP)).

C. Construction Issues:

1. Self-Perform Work: Indicate the scope of work the firm proposes to

submit bids on to self-perform work and its ability to perform such work.

2. Quality Control: Provide a summary of your firm's approach to

developing and implementing quality control plans and programs

during construction, addressing, at a minimum, the following:

a. Quality assurance and inspections

b. Coordination and management of subcontract work to

ensure quality of work

c. Coordination of commissioning

d. Description of quality control organization your firm plans to

employ





e. Describe the levels and authority of the individuals to be

assigned quality control responsibilities on this Project.

Describe the role and degree of independence that is

proposed for the individual(s) or firm(s) responsible for

quality control and how corrections to adverse inspections

will be managed.

D. Safety Issues: Describe your proposed approach and commitment to ensure

the safety of workers and the public on this Project.

1. Accident Prevention Program: Submit a copy of your firm's Accident

Prevention Program as part of your Proposal in response to this RFP.

Evaluation Criterion 5 Proposer’s Ability to Meet Time and Budget Requirements

5 points


longer than four (4) pages.

A. Meeting Budget and Schedule: Describe how your firm would monitor and

ensure that the City of Logan's program scope is maximized and its

construction budget and project schedule are met at every phase of the

Design and Construction Documents development phase and during

construction.

B. Systems: What estimating systems and management techniques would your

firm employ to achieve success in these items?

C. Firm’s proximity to the Project location: State the number of miles the

Project location is to the established local office of your firm that would be

managing the project. Explain what tools you would use to ensure effective

management of the project based on the distance.

D. Knowledge of Market: Describe your firm's familiarity with the local labor and

subcontracting market, or state how you will obtain this and the capability and

tools of your firm in working with subcontractors to generate viable and

competitive prices.

E. Use of Local Contractors:

1. Outreach Efforts: Describe the Proposer's planned outreach efforts for

ensuring that local contractors have sufficient information about

subcontract bid packages on this Project.

2. Strategies and Approach: Discuss your firm's strategies and approach





for arranging and packaging subcontract bid packages to encourage

the participation of local contractors.

Evaluation Criterion 6 Approach to Cost including Innovation, and Proposal Price

30 points

A. Innovation: Each Proposer shall list and describe applicable innovative ideas

that it would implement into the Project.

Each Proposer shall:

1. Discuss the innovations it is using in its approach to reduce cost,

accelerate the schedule, improve the value of the finished Project, or

add value to the City;

2. Describe its innovative solutions to the top project risks identified in

Section 6.1 Project Risks or risks it identifies in response to Section in

Section 12.4, Approach;

3. Describe examples of where this approach/innovation was

implemented successfully in its previous experience, including in this

section a description of how the proposed innovation may accelerate

the schedule, improve the value of the finished project, or add value to

the City.

In scoring the Innovation, the evaluation team will assess the value of innovative

ideas; how the proposed innovations can help reduce cost, accelerate the

schedule, improve the value of the finished project, or add value to the City.

B. General Approach to Price: CM/GC is an open book process where the

CM/GC provides a detailed breakout of costs throughout the design process. In

the Approach to Price the evaluation team assesses the Proposer's ability to give

open book information for a thorough examination of costs, and assess the prices

derived from that cost model for the value of the Project. A detailed output of each

Proposer's estimating software used to determine the cost of self-performed work

in the Proposal Form shall be included with the proposal.

1. Each Proposer shall include a cost model that identifies tasks, costs,

assumptions and gives an estimated total cost for the Project. This

model will be used during the iterative process of refining design. The

cost model is a budgeting tool that is used as risk is removed and

innovations applied. This model will give the team a foundation for

considering design alternatives to support cost, schedule, and quality

goals that stay within budget. Under this selection criterion each

Proposer will be rated on the ability of the cost model to identify tasks,





costs, and assumptions during the design process.

2. As the design progresses, the CM/GC will assist the team in updating

cost information to arrive at a Guaranteed Maximum Price ("GMP") at

the end of design. Each Proposer shall describe the estimating process

the CM/GC will use to communicate the cost of each bid item, the

innovation cost savings, and the cost of any risk, and indicate how the

CM/GC will communicate assumptions, risk, and innovation to the

Design Engineer and the Project Manager.

3. The narrative Approach to Price may also include discussion of any

unique business advantage or construction methods that will reduce

Project costs.

In scoring the Approach to Price the evaluation team will evaluate how the cost

model, approach to price, and information given in the item pricing will translate

into total Project cost. The evaluation team will assess Proposer's ability give

open book information for a thorough examination of cost; the competitiveness of

the cost model; and how that competitiveness will translate to total Project cost;

business advantages, or construction methods that would add value or reduce

cost; and innovations that reduce cost or add value.

C. Item by Item Approach to Cost: Each Proposer shall include a narrative

description of a detailed price breakdown to describe the line items, quantities,

and costs to support the Proposer's proposed price for each item.

1. Each Proposer shall include separate narrative sections of the

Approach to Price for each major work item defined in Section D, Item

by Item Price, together with the price detail of each item.

2. Each Proposer shall reflect the approach, innovations, and

commitments as described in Project Approach and include any

associated price savings due to innovations, and describe how Project

specifics will affect unit prices. Some items to consider are listed below:

a. Schedule.

b. Segmenting the Work.

c. Substantial Changes in Quantities.

d. Location.

e. Access to the Project.

f. Risk.

3. Contingency funding for risk should be identified but not included in

each Proposer's estimate. Contingency for Risk will be held and

managed by the City. In the design process and at the discretion of the





City’s Project Manager risk may be transferred to the CM/GC for

specific bid items with a request for a lump sum price instead of a unit

price.

4. Each Proposer shall describe the potential benefit of proposed

innovations to cost.

5. The City expects the unit price the CM/GC includes for items in GMP(s)

will be the same or less than what the Selected CM/GC proposes with

its proposal. Reductions in price may occur because of innovations and

risk mitigation identified in design; however, some increases may occur

to bid items because of design decisions. Should this occur a

comparison shall be made to the engineers estimate and the Project

Manager Estimate prior to making an award decision.

6. Profit and overhead are subject to the same market conditions as any

other Project. The Project Manager's estimate will provide a

comparative price estimate at the end of Project design. The Project

Manager's Estimate will use existing market conditions for the

construction estimate including current market conditions regarding

profit and overhead rates.

D. Item by Item Price: Each Proposer shall include a price breakdown for the major

project items listed below following the narrative of the Item by Item Approach to

Price, and shall include a detailed breakdown with direct costs such as labor,

equipment, material, trucking, etc., as well as indirect costs, profit, and any other

detailed costs used to develop a fully loaded cost for each schedule item on the

Proposal Form. Each Proposer shall include in the price breakdown the following

information:

1. Total Price for the item installed complete.

2. Price of material for all items included in the unit price of the item

installed complete.

3. Price of labor required for the installation of the item installed

complete.

4. Price of equipment required for the installation of the item installed

complete.

5. Overhead and markup of each element of the item.

6. An adjusted price in the event that a proposed innovation is accepted

and implemented.

Each Proposer shall base Item price on the conceptual design, specifications and

installation guidelines provided with or referenced in the RFP.





Prior to the interview with finalists, the City will conduct reference checks by contacting

those individuals submitted by the Contractor with their proposal in response to this

RFP. In addition, the City may contact references not listed by the Contractor.

Reference checks will not be scored separately, but will be used to validate information

included in the Proposals submitted by Contractors.

After evaluation of the Proposals in accordance with the points described in this RFP,

the selection committee shall develop a list of the most qualified firms (shortlist) and

invite them to an interview.

At a minimum, the corporate executive dedicated to the Project, the project manager,

the superintendent, cost estimator, and other key individuals responsible for

preconstruction and construction services shall attend.

For the interview, finalists will be rated based on the following evaluation criteria:

Evaluation Criteria for Interview Points

Presentation: Clarity of expression and thoroughness of presentation,

firm’s understanding of and approach to the requirements of the project.

5

Specific Questions: Thoroughness and insight in providing direct and clear

answers to the questions asked.

5

Communication: Overall quality of the team’s presentation including

interpersonal communications between team members and the interview

panel. Quality of questions asked by the firm.

5

Total for Interview: 15

10.0 INTERVIEWS

9.0 REFERENCE CHECKS





Prior to execution of a CM/GC preconstruction contract, the City of Logan may perform

a review of the selected contractor's financial status and capacity to perform the work.

The selected contractor shall comply with requests for information that are

deemed necessary by the City to perform a reasonable review of the firm's financial

status. The City reserves the right to reject any proposer prior to award in the event

that the City’s analysis of the proposer’s financial status and capacity indicates, in

the City’s judgment, that the Contractor is not able to successfully perform the work.

The Proposer with the highest total score (total possible: 100 points) resulting from the

selection committee’s scoring of the Proposal, a n d Interview will be selected to

provide the Preconstruction Services and to enter into GMP negotiations.

A. Property of Logan City: Proposals submitted in response to this RFP shall

become the property of the City of Logan.

B. Proposals are Public Records: Proposals submitted under this RFP shall be

considered public records and with limited exceptions will be available for

inspection and copying by the public. Except to the extent protected by

state and or federal laws, proposals shall be considered public

documents and available for review and copying by the public.

C. Public Records Exemption: Trade secrets or other proprietary information

submitted by a Proposer in connection with this RFP, may not be subject to

public disclosure if the Proposer specifically states in writing the reasons why

protection from disclosure is necessary, and identifies the data or materials

to be protected. Proposers shall specifically designate and clearly label as

“CONFIDENTIAL” any and all such materials or portions thereof that they

deem to contain trade secrets or other proprietary information, which may

be exempt from public inspection and copying. The Proposer shall provide

the legal basis for the exemption to the City upon request. Proposers are

advised that this exemption is subject to judicial review and the

Proposers designation of confidential may or may not be upheld by a

Court.

12.0 PUBLIC DISCLOSURE

11.0 FINAL SELECTION





D. Proposals Not Marked as Confidential: If a Proposal does not clearly identify

the “CONFIDENTIAL” portions, the City will not notify the Proposer that its

proposal will be made available for inspection and copying.

E. Process for Disclosing Information: If a request is made for disclosure of

material or any portion marked “CONFIDENTIAL,” the City will determine

whether the material should be made available under the law. If the City

determines that the material is not exempt and may be disclosed, the City will

notify the Proposer of the request and allow the Proposer ten (10) business

days to take appropriate action at its sole expense and liability. If the Proposer

fails or neglects to take such action within said period, the City of Logan may

release the portions of the Proposal deemed subject to disclosure without any

liability to the City.

F. Indemnification by Proposer: To the extent that the City withholds from

disclosure all or any portion of Proposer’s documents at Proposer’s request,

Proposer, by submitting a Proposal in response to this RFP agrees to fully

indemnify, defend and hold harmless the City of Logan from all damages,

penalties, attorneys’ fees and costs the City incurs related to withholding

information from public disclosure.

G. No Claims Against the City of Logan: By submitting a Proposal, the

Proposer consents to the procedure outlined in this section as its sole remedy

and shall have waived any claim against the City because of actions taken

under this procedure.

A. Debriefing: Proposers may request a debriefing within 5 calendar days of

being notified of the selection of the top ranked firm. Debriefings may include

a review of the debriefed Proposer’s points for each evaluation criteria, overall

ranking, the strengths and weaknesses of its Proposal and presentation in the

Interview, and answers to questions regarding the selection process.

B. Protests: Interested parties have a right to seek resolution of any concerns,

issues, or perceived wrongs associated with this RFP by filing a written

protest outlining the protest and its legal basis with the City’s Purchasing

Office within five calendar days of being notified of the selection of the top

ranked firm. Failure to file the protest within the designated time will result in a

waiver of the protest. Upon receipt of a written protest, issues of concern will

be researched and a written determination to the protesting party will be

issued by the City.

13.0 DEBRIEFING AND PROTEST PROCEDURES





C. No Objections: By submitting a Proposal in response to this RFP,

Proposer agrees that the process, criteria, and requirements described in this

RFP are fair and proper, and that the Proposer has no objection to any

provisions of the RFP. If the Proposer does not object to any of the

provisions of this RFP during the period prior to Proposal submission deadline,

the Proposer shall be deemed to have waived their rights to any future

protest of the provisions of this RFP.

The City reserves the right to reject any and all Proposals at any time and to choose not

to award and/or execute a contract(s) up to the time the City signs the contract

documents, even after a notice of selection has been issued. Proposers acknowledge

that a notice of selection confers no right of contract. The City may cancel the

procurement and reject all proposals for any reason. A decision by the City to cancel

the procurement and/or enter into a contract will not result in any claims or causes of

action for costs or damages by any Proposers against the City.

END OF RFP

14.0 CANCELLATION AND REJECTION OF PROPOSALS


Logan Regional Wastewater Treatment Facility


October 13, 2017

Attachment A

Preconstruction Scope of Work




Page A1 October 13, 2017

Preconstruction Scope of Work

BASIC SERVICES

Task 1.1 Project Management

Description Provide overall project management services of the CM/GC and ensure coordination of all efforts with the City, the design team, and others as appropriate.

Duration From Notice to Proceed for Preconstruction Services (NTP) through completion of GMP negotiations and execution of CM/GC Construction Contract (estimated 5 to 6 months)

Purpose Manage efforts of CM/GC team and ensure coordination with City and other project participants during the preconstruction phase

Deliverable Project Management Plan (PMP), including details of project communication, documentation, invoicing procedures, schedule analysis, etc.

Task 1.2 Construction Plan

Description In coordination with City’s team, develop a construction plan that addresses issues relating to how the construction will be managed on the project. Specific issues to be addressed include:

Comprehensive document management and tracking system that will be accessible by CM/GC and its subcontractors, the City, and the Design Team

Detailed review of Design Plans and Specifications

Database to track comments on design and other open issues (Value Engineering, constructability, permitting, Operations and Maintenance, other comments) and responses

Site safety plan

Quality Control

Value Engineering (VE) procedures during construction

Start-up planning (responsibility of CM/GC, coordination with Operations and Maintenance, warranties, training, manuals)

Cost management and tracking

Site access and control issues (site security, traffic, pedestrian access, parking, noise and vibration, hoisting equipment, survey, etc.)

Sequencing of the work





Schedule control and reporting

Site staging including construction offices, laydown and work areas, temporary facilities and utilities.

Hoisting plan showing CM/GC Consultant provided equipment to service all project needs

Frequency One-time effort with draft submittal 60 days of NTP

Purpose Provide direction for managing critical elements of the work through the construction phase. Develop information for negotiation of costs for items identified as Negotiated Support Services as part of the GMP. Develop information that will provide the basis for early submittals required in the Contract Documents.

Deliverable Construction Plan – Draft; Construction Plan – Final. Final Plan shall incorporate City comments which will be issued within 3 weeks after draft plan is received; final construction plan submitted within 3 weeks of receipt of City comments. Submit updates of plan sections as needed during project performance.

Task 1.3 Construction Contract Packaging

Description Develop a breakdown of the work into contract packages that will be bid by the CM/GC. Include the scope of work, schedule, delivery method, and subcontract bidder responsibility criteria (if required) for each contract package. If pre-bid eligibility of subcontractors is recommended, this should be included, along with a schedule to ensure sufficient time to establish such eligibility criteria and conduct the qualification process.

Frequency One-time effort, updated as necessary

Purpose Determine construction contract packaging. Develop alternative packaging configurations and evaluation factors. Determine equipment early procurement packages. Recommend preferred approach. Conduct a one-day workshop with Design Team, Owner, and others as necessary to review and agree on packaging approach. Conduct a half-day workshop to finalize contracting approach.

Deliverable Workshop materials. Technical memorandum documenting alternatives, analysis, and recommendations.

Task 1.4 Subcontracting Plan

Description Develop a plan to involve the best qualified subcontractors in the project and meet SRF funding requirements. Plan for competitively bidding the subcontracted work.





Frequency One-time effort, updated as necessary

Purpose Ensure that subcontracting opportunities within each subcontract bid package are clearly identified, that these opportunities will attract a high level of competition from qualified local subcontractors.

Deliverable Draft Plan for review. Final plan incorporating City comments. Revisions to the plan as necessary to adapt to changing conditions and experience on the initial Construction Packages.

Task 2: Meetings

Task 2.1 Kickoff Meeting

Frequency One time, to be held immediately following NTP for Preconstruction Services.

Duration One (1) day

Attendees Project Executive, Project Manager, Superintendent, Cost Estimator, Scheduler, and at least two other members of the CM/GC team as determined by the CM/GC.

Purpose To introduce key project personnel and to define roles and responsibilities of each team member. Develop Meeting schedule and review project schedule.

Deliverable Key personnel Roster with names, phone numbers, role during Preconstruction Services, e-mail address. Minutes of meeting.

Task 2.2 Regular Meetings

Frequency Biweekly, held with City and others as deemed appropriate by City, beginning at NTP and continuing until negotiation of final GMP package is completed (estimated 5 to 6 months).

Duration Not to exceed 2 hours

Attendees Project Manager, Cost Estimator, Scheduler, others as determined by the CM/GC Consultant.

Purpose Provide monthly update of schedule and cost estimates; distribute constructability Issue Log, VE Log. Discuss design process and issues. Determine follow-up actions to be taken by each party.

Deliverable Updated schedule, Constructability Issue Log. Cost comparison analysis if any performed.





Task 2.3 Special Meetings

Frequency To be held on an “as-needed” basis as requested by either City, Design Engineer, or CM/GC. Assume 2 meetings, not to exceed 4 hours each.

Attendees Project Manager, others as appropriate for the subject matter.

Purpose To discuss specific issues, ideas, recommendations for the benefit of the project.

Deliverable Meeting notes including final recommendation and action items.

Task 3 Cost Estimating

Task 3.1 Estimating Methodology Report

Description Prepare a report documenting the approach that will be used in preparing cost estimates for the project

Purpose Provide a guide for the development of cost estimates, including the types of information required, sources of information, level of detail, format of reports, estimating software and descriptions of the estimating process. The methodology report shall describe how costs will be developed consistently for each element of the estimate and provide a checklist to track completeness of estimate submittals.

Deliverable Draft Estimating Methodology Report, description of estimating software, sample reports and checklists of estimate elements.

Final Estimating Methodology report incorporating review comments from the City.

Task 3.2 Baseline Cost Estimate

Description Prepare a detailed construction cost estimate for all project elements based on the design documents provided by the City. Design documents will be between 90% and 100% complete for this effort.

Frequency One-time effort, within 60 days of NTP for Preconstruction Services.

Purpose To develop a detailed and complete cost estimate for the contract. This will provide project team information for the City and Designer to assist in evaluating alternative designs, equipment, materials or other variations in implementation of the project and will provide the basis for GMP negotiations.

Deliverable Draft baseline construction cost estimate with detail and format conforming to the agreed estimating methodology.

Final baseline estimate incorporating review comments from the City.





Task 3.3 Estimating Support for Evaluation of Alternatives

Description Develop cost estimates for alternative concepts, designs, approaches, or means and methods as necessary to evaluate ideas proposed as part of VE and constructability reviews or through other discussions and proposals.

Frequency In conjunction with scheduled VE and Constructability reviews. Assume 3 major review sessions during the Preconstruction phase.

Purpose To inform the decision-making process on the acceptance of alternatives based on the cost savings that would result from inclusion of changes into the project.

Deliverable Detailed construction cost estimates for up to 15 alternative concepts and comparison of alternatives to baseline costs for the same item using a combination of narrative and tables to clearly demonstrate cost differences.

A report, including narrative discussion and tables as necessary to track all accepted changes and cost savings for individual changes, as well as cumulative savings on the project.

Task 3.4 Construction Cost Estimate

Description Update of Baseline Cost Estimate to incorporate adopted changes resulting from various project reviews and other accepted changes. Incorporate any new information on labor rates, productivity, pricing of materials and equipment, overhead costs and escalation to produce a complete final cost estimate of all the work to be included in the CM/GC Construction Contract.

Frequency One-time effort following completion of project reviews and prior to the start of GMP negotiations.

Purpose To produce a complete, accurate and timely estimate of costs for the CM/GC construction contract. This estimate will be used as the basis for GMP negotiations.

Deliverable Final detailed construction cost estimate in conformance with the requirements set forth in the Cost Estimating Methodology Report.

A technical memorandum that explains all estimating assumptions, methodologies used, sources of cost data and productivity rates, and any notable issues encountered in preparation of the estimate.

Work to prepare for and conduct GMP negotiations is not included under this task and will not be paid for by the City.





Task 4: Construction Schedules

Task 4.1 Draft Contract Baseline Schedule

Description Develop Draft Contract Baseline schedule using scheduling software (e.g., Primavera P6). The draft schedule does not have to be cost and resource loaded.

Frequency To be completed one time and submitted as a draft schedule within 90 days of the NTP for preconstruction activities.

Purpose To incorporate all City, third party and CM/GC activities into one schedule. Included in this schedule shall be all subcontract bid package development, GMP negotiations, subcontract bidding/procurement, and anticipated construction activities. The schedule shall identify all long-lead procurement items.

Deliverable CM/GC shall submit schedules and schedule reports as defined for the Contract Baseline Schedule.

Task 4.2 Scheduling Support for Evaluation of Alternatives

Description Develop construction schedules for alternative concepts, designs, approaches, or means and methods as necessary to evaluate ideas proposed as part of VE and constructability reviews or through other discussions and proposals.

Frequency In conjunction with scheduled VE and Constructability reviews. Assume 3 major review sessions during the preconstruction phase.

Purpose To inform the decision-making process on the acceptance of alternatives based on the schedule impacts that would result from inclusion of changes into the project.

Deliverable Schedule analysis including narrative discussions and schedule or other graphics for significant changes that may impact the overall project schedule. Assume schedule analysis of up to 15 alternative concepts and comparison of alternatives to baseline schedules.

Task 4.3 Final Contract Baseline Schedule

Description Develop a Final Contract Baseline schedule prepared using scheduling software (e.g., Primavera P6). The final schedule shall be cost and resource loaded.

Frequency One-time effort following completion of project reviews and prior to the start of GMP negotiations.

Purpose To produce a complete, accurate and timely representation of the schedule for the CM/GC contract.





Deliverable Final Contract Schedule including cost and resource loading as well as schedule changes resulting from the various reviews performed in the preconstruction phase. This submittal will include a technical memorandum explaining schedule in conformance with the requirements of the contract specifications.

Task 5: Project Reviews

Task 5.1 Value Engineering, Constructability and Risk Management

Description Participate in two multi-disciplinary workshops of the project team to provide input on Value Engineering ideas, constructability issues and allocation/mitigation of project risks. Review design documents and provide CM/GC comments and recommendations on Value Engineering opportunities, constructability issues and allocation and mitigation of project risks. Identify drawings, specifications and/or interfaces with other contract designs that will require modification as a result of each proposed change and assist in evaluating design costs and schedule impacts related to each proposed change.

Frequency Anticipate 3 separate workshops; a two-day workshop using a value engineering format to familiarize team with project details and explore VE ideas; a two-day Constructability Review workshop, and review of project risks and discussion of risk allocation and mitigation. Assume first workshop within 60 days of NTP and completion of all two workshops within 90 days of NTP.

Purpose To review and provide recommendations on the construction documents with issues such as phasing of the work, staging, temporary work, new construction techniques or methods for executing the work, value engineering suggestions that could lead to cost reductions along with identifying where the contract documents are not consistent or complete. Review to ensure that good building practice is being incorporated into the documents and design elements are buildable as drawn. Also identify whether project sequencing is viable with respect to third-party requirements.

Deliverables Reports summarizing the recommendations and implementation of decisions resulting from each of the workshops. Reports shall include analysis of costs and schedules and savings or other benefits that will be gained with the recommended alternatives.

Task 5.2 Subject Specific Review Meetings

Description Conduct workshops to review specific elements of the work with discipline specialists and to develop ideas and recommendations for project improvements. Elements of the work that may be addressed in these meetings include: top-down construction methods,





architectural finishes, and mechanical and electrical systems.

Frequency Anticipate 3 workshops, each having durations of 1 day (average) to be conducted within 90 days of NTP.

Purpose To review project and formulate approaches and ideas to improve the delivery of specific elements of the work. These are intended to be discipline-specific and involve a small group of subject-matter experts.

Deliverables A report for each workshop explaining recommendations for implementation of the work elements evaluated, including cost and schedule savings, risk mitigations, “ripple” effects on other work elements, and operational impacts.

GENERAL CONDITIONS

The following items are to be included, but not limited to within the Specified General Conditions of the Work:

Support of permit reviews, including attendance at meetings, response to questions, and assistance in preparing plans as necessary to obtain permits.

Project site staff, site communications, field offices and storage, mobilization, temporary utilities, site and building clean-up, and miscellaneous items.

SUPPLEMENTAL SERVICES

Additional services to be performed as part of the Preconstruction Services Contract will be at the direction of the City and may include the following:

Support of community involvement activities, including attendance at meetings, responding to questions, etc.

Development of information documents, website, and brochures to encourage involvement of subcontractors.




October 13, 2017

Attachment B

Proposal Forms

Form 1 – Proposal Form

Form 2 – Safety & Health Qualifications Statement




Page B1 October 13, 2017

FORM 1

PROPOSAL FORM TO: Logan City

The undersigned submits the following Proposal:

BID:

Pursuant to and in compliance with the Request for Proposals, the undersigned certifies, having carefully examined the Contract Documents and conditions affecting the work, and being familiar with the site; proposes to furnish all labor, materials, equipment and services necessary to complete the work, as follows:

Description of Bid Item: Percentage Total Estimated GMP

Bid Amount

Cost for Preconstruction Services

(Based on Scope of Work in Attachment A)

$

Percent Fee (Percentage x Total Estimated GMP)

%

$ 85,000,000

$

Specified General Conditions Work

$

Total Bid Price: $

SELF-PERFORMED WORK: The City would prefer to have the CM/GC be capable of self-performing a significant portion of the work. Please list the items that the CM/GC would be able to self-perform (i.e. reinforced concrete, process mechanical, excavation, yard piping, etc.)

1. _________________________________ 7. ________________________________

2. _________________________________ 8. ________________________________

3. _________________________________ 9. ________________________________

4. _________________________________ 10. ________________________________

5. _________________________________ 11. ________________________________

6. _________________________________ 12. ________________________________

Based on the listed items, the CM/GC estimates that they would be capable of self-performing ______ percent of the total project.





The City is requesting bid prices on the following items, which the City may (at the City’s option) award to the CM/GC to self-perform without additional competitive bidding. The City reserves the right to not award any or all of the bid items, in which case the CM/GC shall include items not awarded with bid packages developed for the project. The CM/GC shall submit open book pricing breakdown for all bid items as an example of pricing detail / transparency to be provided during the project.

Work Item Cost Estimate

Lump Sum Amount

1. Mass excavation as shown on Drawings CD08 and CD09

2. Structural concrete work for Process Area 10









11. Structural concrete work for Process Areas 95, 96, 98

Total for Self-Performed Work: $ _________

Have you, or any member of your team, ever had a project that was awarded to you as the CM/GC company on which you were not able to finalize negotiations and enter into a Guaranteed Maximum Price construction contract?

YES _____ NO _____ If yes, attach additional information regarding project details.

SALES TAX:

All of the sums stated in the foregoing include Utah State Sales Tax, where required.

Initials of Proposer’s Representative: ________





Proposer’s Business Name:

Type of Business: Sole Proprietorship Partnership Corporation (State of Incorporation: _) Other

Business Address: City: State: Zip Code:

Business Telephone Number: Business Fax Number: Business E-mail Address:

State of Utah Contractor License Number:

Receipt is hereby acknowledged of RFP Addenda No(s).: _ _ _ _

REPRESENTATIVE AUTHORIZED TO SIGN FOR PROPOSER:

"I certify (or declare) under penalty of perjury under the laws of the State of Utah that the foregoing is true and correct":

Signature: Date:

Print Name and Title Location or Place Executed: (City, State)

END OF SECTION





FORM 2

SAFETY & HEALTH QUALIFICATIONS STATEMENT

Please do not leave blanks on any item except lists; use ‘n/a’ if a field does not

apply.

You may neatly handwrite the information. We are more concerned about correct

complete information than how it looks.

Legal Name of your Company:

Street Address: City: State: Zip:

Mailing Address: City: State: Zip:

Phone: Fax: E-Mail Address:

Is this address the: Main Office Regional Office Branch Office

Other

1. Please list the trade(s) in which your company performs work:

CSI Division No. Description

2. For work in Utah (Intrastate), please list your Company’s Workers’ Compensation Experience Modification Rate (Experience Factor) for the most recent three years.

Year Rate Year Rate Year Rate

2016 2015 2014





3. For work in other states (Interstate), please list your Company’s Workers’ Compensation Experience Modification Rate (Experience Factor) for the most recent three years.

State Name

Year Rate Year Rate Year Rate

2016 2015 2014

2016 2015 2014

2016 2015 2014

2016 2015 2014

4. Using the three most recent year’s OSHA No. 300 Logs, please fill in the number of cases for each of the following categories: (attach a copy of your last three years of OSHA No. 300 Logs)

2016 2015 2014

A. Number of deaths (Total column G)

Please provide a brief description of the circumstances surrounding any employee death(s):

B. Number of days away from work and job transfer or restricted workday cases(Total Column H & I)

C. Number of other recordable cases (Total Columns J)

D. Number of days away from work cases (Total Column H)

E. Employee Hours Worked

F. OSHA Recordable Incidence Rate (See formula below)

G. OSHA Lost Workday Incidence Rate (See formula below)

Notes:

Items in parenthesis above come from your OSHA No. 300 Log

Employee Hours Worked = total number of hours worked during the year by all employees

OSHA Recordable Incidence Rate= [(A+B+C) ×200,000/Employee Hours Worked]

OSHA Lost Workday Incidence Rate= [(D) × 200,000/Employee Hours Worked]

5. Please provide the following safety information for three public construction

projects of your Company in which the superintendent proposed for this project

was the superintendent. The Incidence Rates reported below must include

incidences for the contractor and subcontractors of any tier.





Project Name and Owner

Superintendent’s Name

Recordable Incidence Rate for the Project

Lost Workday Incidence Rate for the Project

6. How many OSHA violation(s) has your Company received in the last three

years?

Year # of Violations



2016 2015 2014

Were any of the OSHA violations considered willful violations:

Yes No

Please give a brief description of all willful violation(s):

The undersigned warrants and represents the data provided is accurate in all respects.

Name of Company:

Prepared by:

Title:

Signature Date




October 13, 2017

Attachment C

Utah DWQ SRF Requirements

1

Submit this check sheet to SRF along with your documents to affirm and show where all the items discussed above have been addressed.

SRF Boilerplate Checklist Project: [Project Name]

Addressed? (Yes/No/NA)

Page #s Abbreviated description of requirement (Add your notes or explanations if needed.)

Advertise for bids at least twice in a newspaper published or of general circulation in the local entity at least (5) days prior to the opening of bids (Utah Code 11-39-103) or local requirements if more stringent..

Was it possible for bid to be advertised 30 days prior to bid opening, per DBE Good Faith Effort Requirements (40 CFR 33.301).

5% bid bonds; only bonds most projects (not certified checks, etc.).

Contract performance and payment bonds.

Final settlement and payment to contractor provisions.

Retainage.

Suspension and Debarment

Certification of Non-Segregated Facilities

DBE Good Faith Effort.

Additional items to submit with bid.

SRF Special Conditions section inserted into the bid document on Blue Paper.

SRF Special Conditions are identified as part of contract.

Insert the name of the County where the work is located.

American Iron and Steel Requirement and Guidance

Davis-Bacon Wage Category included in the contract.

Davis-Bacon Mixed Project

Last Revised March 24, 2014

2

REQUIRED SIGNS AND POSTERS The following signs and posters required for the project, include but are not limited to: 1. Minimum

Wage Poster http://www.dol.gov/elaws/firststep/poster_direct.htm?p_flsa=1

2. Davis-Bacon Wage Poster WH-1321

http://www.dol.gov/elaws/firststep/poster_direct.htm?p_dbra=1

3. Davis-Bacon Wage Determinations

http://www.wdol.gov/wdol/scafiles/davisbacon/ut.html

4. Equal Opportunity Employer Poster:

http://www.dol.gov/elaws/firststep/poster_direct.htm?p_eeo=1

5. OSHA Poster http://www.dol.gov/elaws/firststep/poster_direct.htm?p_osha=1

http://www.dol.gov/elaws/firststep/poster_direct.htm?p_flsa=1

http://www.wdol.gov/wdol/scafiles/davisbacon/ut.html

http://www.dol.gov/elaws/firststep/poster_direct.htm?p_eeo=1

3

SRF SPECIAL CONDITIONS CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND

VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS

Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the

certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was

placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to

which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.

4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,

participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the

proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will

include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant

in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is

4

not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of

records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a

covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it

nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this

certification, such prospective participant shall attach an explanation to this proposal. Organization Name Name and Title of Authorized Representative Signature

Date

5

EQUAL EMPLOYMENT OPPORTUNITY and AFFIRMATIVE ACTION REQUIREMENTS on FEDERALLY ASSISTED CONSTRUCTION CONTRACTS Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246)

1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Specifications" set forth herein.

2. The goals and timetables for minority and female participation, expressed in

percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goal for female participation in each trade: 6.9%

Minority participation goals in each trade:

County Goal Beaver, Garfield, Iron, Kane, Washington 12.6 Utah, Provo-Orem 2.4 Davis, Salt Lake, Tooele, Weber, Salt Lake City - Ogden

6.0

Box Elder, Cache, Carbon, Daggett, Duchesne, Emery, Juab, Millard, Morgan, Piute, Rich, Sanpete, Sevier, Summit, Uintah, Wasatch, Wayne

5.1

These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and nonfederally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor's goals shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

6

3. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number for the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. An example notification letter is available on the next page.

4. As used in this Notice, and in the contract resulting from this solicitation, the

"covered area" is ___________________ County, Utah. This notice shall be included in, and shall be a part of, all solicitations for offers and bids on all Federal and federally assisted construction contracts or subcontracts in excess of $10,000 to be performed in geographical areas designated by the Director pursuant to 41 CFR 60-4.6.

7

CONTRACTOR’S NAME, ADDRESS & TELEPHONE NUMBER RETURN TO: USDOL/OFCCP Denver District Office 1244 Speer Blvd., Suite 520 Denver CO 80204

FAX: 720-264-3211 ATTN: Jerome Carter

EMPLOYER ID NUMBER OF CONTRACTOR:

Per our obligation under 41 CFR 60-4.2, we are submitting the following information regarding our subcontractor(s) whose contract is in excess of $10,000 on our Federal or federally assisted construction project:

CONTRACT INFORMATION

PROJECT AND LOCATION: Dollar Amount of Contract

Estimated Start Date

Estimated Completion Date

Contract No.

Geographical Area

NOTIFICATION OF SUBCONTRACTS AWARDED (>$10,000)

Subcontractor’s Name,

Address, & Phone Number

Employer ID Number of Subcontractor

Estimated $ Amount of Subcontract

Estimated Start Date

Estimated Completion

Date

8

EQUAL OPPORTUNITY CLAUSES A. The Equal Opportunity Clause published at 41 CFR 60-1.4(b) is required to be included in,

and is part of, all nonexempt federally assisted construction contracts and subcontracts (including this Contract). The Equal Opportunity Clause shall be considered to be a part of every contract and subcontract required by the regulations to include such a clause, whether or not it is physically incorporated in such contracts. The notices required to be posted by paragraphs (1) and (3) of the Equal Opportunity Clause shall be the "Equal Employment Opportunity is the Law" poster approved by the Office of Federal Contract Compliance Programs and available on the internet at http://www.dol.gov/oasam/programs/osdbu/sbrefa/poster/matrix.htm.

EQUAL OPPORTUNITY CLAUSE (41 CFR 60-1.4(b))

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, 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, 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 setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or

on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.

(3) 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 advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(4) The contractor will comply with all provisions of Executive Order 11246 of September

24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

9

(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(7) The contractor will include the portion of the sentence immediately preceding

paragraph (1) and the provisions of paragraphs (1) through (7) 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 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 the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States.

B. The Standard Federal Equal Employment Opportunity Construction Contract Specifications

published at 41 CFR 60-4.3(a) are required to be included in, and are part of, all federal and federally assisted construction contracts and subcontracts (including this Contract) in excess of $10,000 to be performed in geographical areas designated by the Director pursuant to 41 CFR 60-4.6 and in construction subcontracts in excess of $10,000 necessary in whole or in part to the performance of non-construction Federal contracts and subcontracts covered under Executive Order 11246. These Specifications shall be considered to be a part of every contract and subcontract required by the regulations to include such a clause, whether or not it is physically incorporated in such contracts.

10

STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246)

1. As used in these specifications:

a. "Covered Area" means the geographical area described in the solicitation from

which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs,

United States Department of Labor, or any person to whom the Director delegates authority;

c. "Employer identification number" means the Federal Social Security number used

on the employer's quarterly Federal Tax Return, U.S. Treasury Department Form 941.

d. "Minority" includes:

(i) Black (all persons having origins in any of the Black African racial groups not

of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South

American or other Spanish Culture or origin, regardless of race);

(iii)Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands);

(iv) American Indian or Alaskan Native (all persons having origins in any of the

original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).

2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the

work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.

3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan

approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area, (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith

11

effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.

4. The contractor shall implement the specific affirmative action standards provided in

paragraphs (7)(a) through (p) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably by able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the FEDERAL REGISTER in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.

5. Neither the provisions of any collective bargaining agreement, nor the failure by a

union with whom the contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.

6. In order for the non-working training hours of apprentices and trainees to be counted

in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor.

7. The contractor shall take specific affirmative actions to ensure equal employment

opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:

a. Ensure and maintain a working environment free of harassment, intimidation, and

coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with

12

specific attention to minority or female individuals working at such sites or in such facilities.

b. Establish and maintain a current list of minority and female recruitment sources,

provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses.

c. Maintain a current file of the names, addresses, and telephone numbers of each

minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the contractor may have taken.

d. Provide immediate written notification to the Director when the union or unions

with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations.

e. Develop on-the-job training opportunities and/or participate in training programs

for the areas which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under (7)(b) above.

f. Disseminate the contractor's EEO policy by providing notice of the policy to unions

and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.

g. Review, at least annually, the company's EEO policy and affirmative action

obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on-site supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time

13

and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.

h. Disseminate the contractor's EEO policy externally by including it in any

advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business.

i. Direct its recruitment efforts, both oral and written, to minority, female and

community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process.

j. Encourage present minority and female employees to recruit other minority persons

and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce.

k. Validate all tests and other selection requirements where there is an obligation to

do so under 41 CFR Part 60-3. l. Conduct, at least annually, an inventory and evaluation at least of all minority and

female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.

m. Ensure that seniority practices, job classifications, work assignments and other

personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out.

n. Ensure that all facilities and company activities are nonsegregated except that

separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.

o. Document and maintain a record of all solicitations of offers for subcontracts from

minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.

p. Conduct a review, at least annually, of all supervisor's adherence to and

performance under the contractor's EEO policies and affirmative action obligations.

14

8. Contractors are encouraged to participate in voluntary associations which assist in

fulfilling one or more of their affirmative action obligations (7)(a) through (p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under (7)(a) through (p) of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance.

9. A single goal for minorities and a separate single goal for women have been

established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive order if a specific minority group of women is under-utilized).

10. The contractor shall not use the goals and timetables of affirmative action standards to

discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred

from government contracts pursuant to Executive Order 11246. 12. The contractor shall carry out such sanctions and penalties for violation of these

specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.

13. The contractor, in fulfilling its obligations under these specifications, shall implement

specific affirmative action steps, at least as extensive as those standards prescribed in paragraph (7) of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.

15

14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.

15. Nothing herein provided shall be construed as a limitation upon the application of other

laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).

16

Attachment 1 SRF Required Front-End Specifications

(This form must be completed and signed by Prime Contractor and Submitted with the bid.)

U.S. Environmental Protection Agency

Certification of Non-Segregated Facilities (Applicable to contracts, subcontracts, and agreements with applicants who are themselves performing Federally assisted construction contracts, exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause.) By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The bidder, offeror, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national original, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that we will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods):

NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NON-SEGREGATED FACILITIES

A Certification of Non-segregated Facilities, as required by the May 9, 1967, order (33 F.R. 7808, May 28, 1968) on Elimination of Segregated Facilities, by the Secretary of Labor must be submitted prior to the award of the subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). Signature Date Name and Title of Signer (Please Type) NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. February 2009 EPA-7 5720-4.2

17

PROHIBITION AGAINST LISTED VIOLATING FACILITIES

A. REQUIREMENTS

(1) To comply with all the requirements of section 114 of the Clean Air Act, as amended (42 U.S.C. 1857, et seq., as amended by Pub. L. 92-604) and section 308 of the Clean Water Act (33 U.S.C. 1251, as amended), respectively, which relate to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the award of this contract.

(2) That no portion of the work required by this prime contract will be performed in a facility

listed on the Environmental Protection Agency list of violating facilities on the date when this contract was awarded unless and until the EPA eliminates the name of such facility or facilities from the listing.

(3) To use his best efforts to comply with clean air and clean water standards at the facilities

in which the contract is being performed.

(4) To insert the substance of the provisions of this clause, including this paragraph (4), in any nonexempt subcontract.

B. DEFINITIONS

(1) Air Act means the Clean Air Act, as amended (42 U.S.C. 1857 et seq.). (2) Water Act means the Clean Water Act, as amended (33 U.S.C. 1251 et seq.).

(3) Clean Air Standards means any enforceable rules, regulations, guidelines, standards,

limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted under the Air Act or Executive Order 11738, an applicable implementation plan as described in section 110 (d) of the Air Act (42 U.S.C. 1857c-5(d)), an approved implementation procedure or plan under section 111 (c) or section 111(d), or an approved implementation procedure under section 112(d) of the Air Act (42 U.S.C. 1857c-7(d)).

(4) Clean Water Standards means any enforceable limitation, control, condition, prohibition,

standard, or other requirement which is promulgated under the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by section 402 of the Water Act (33 U.S.C. 1342), or by a local government to ensure compliance with pretreatment regulations as required by section 307 of Water Act (33 U.S.C. 1317).

(5) Compliance means compliance with clean air or water standards. Compliance shall also

mean compliance with a schedule or plan ordered or approved by a court of competent

18

jurisdiction, the Environmental Protection Agency in accordance with the requirements of the Air Act or Water Act and regulations.

(6) Facility means any building, plant, installation, structure, mine, vessel, or other floating

craft, location, or site of operations, owned, leased, or supervised by a contractor or subcontractor, to be used in the performance of a contract or subcontract. Where a location or site of operations contains or includes more than one building, plant, installation, or structure, the entire location or site shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are located in one geographical area.

WILLIAMS-STEIGER OCCUPATIONAL SAFETY

AND HEALTH ACT OF 1970 A. AUTHORITY

(1) The contractor is subject to the provisions of the Williams-Steiger Occupational Safety and Health Act of 1970.

(2) These construction documents and the joint and several phases of construction hereby

contemplated are to be governed, at all times, by applicable provisions of the Federal law(s), including but not limited to the latest amendment of the following:

a. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 94-596; b. Part 1910 - Occupational Safety and Health Standards, Chapter XVII of Title 29, Code

of Federal Regulations; c. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29,

Code of Federal Regulations. B. SAFETY AND HEALTH PROGRAM REQUIREMENTS

(1) This project, its prime contractor and its subcontractors, shall at all times be governed by Chapter XVII of Title 29, Code of Federal Regulations, Part 1926 - Safety and Health Regulations for Construction (29 CFR 22801), as amended to date.

(2) To implement the program and to provide safe and healthful working conditions for all

persons, general project safety meetings will be conducted at the site at least once each month during the course of construction, by the construction superintendent or his/her designated safety officer. Notice of such meeting shall be issued not less than three (3) days prior, stating the exact time, location, and agenda to be included. Attendance by the owner, architect, general foreman, shop steward(s), and trades, or their designated representatives, witnessed in writing as such, shall be mandatory.

19

(3) To further implement the program, each trade shall conduct a short gang meeting, not less than once a week, to review project safety requirements mandatory for all persons during the coming week. The gang foreman shall report the agenda and specific items covered to the project superintendent, who shall incorporate these items in his/her daily log or report.

(4) The prime contractor and all subcontractors shall immediately report all accidents, injuries,

or health hazards to the owner and architect, or their designated representatives, in writing. This shall not obviate any mandatory reporting under the provisions of the Occupational Safety and Health Act of 1970.

(5) This program shall become a part of the contract documents and the contract between the

owner and prime contractor, prime contractor and all subcontractors, as though fully written therein.

ANTI-KICKBACKS

Contractor shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in the Department of Labor Regulations (29 CFR, Part 3). This Act provides that Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. Contractor certifies and warrants that no gratuities, kickbacks and contingency fees were paid in connection with this contract, nor were any fees, commissions, gifts, or other considerations made contingent upon the award of this contract. Contractor certifies that, to Contractor's knowledge, no state employee has any personal or beneficial interest whatsoever in the services described in this Contract. No staff member of Contractor, compensated either partially or wholly with funds disbursed pursuant to the Contract, shall engage in any Contract or activity which would constitute a conflict of interest as related to this Contract.

DISCOVERY OF ARCHAEOLOGICAL AND OTHER HISTORICAL ITEMS In the event of an archaeological find during any phase of construction, the following procedure will be followed: 1. Construction shall be halted, with as little disruption to the archaeological site as possible. 2. Contractor shall notify Owner who shall contact the State Historic Preservation Officer. 3. The State Historic Preservation Officer may decide to have an archaeologist inspect the site

and make recommendations about the steps needed to protect the site, before construction is resumed.

4. The entire event should be handled as expediently as possible in order to hold the loss in construction time to a minimum while still protecting archaeological finds.

20

A similar procedure should be followed with regard to more recent historical resources. Should any artifacts, housing sites, etc., be uncovered, the same procedure should be followed as for an archaeological find. In the event archaeological/historical data are evaluated to meet National Register criteria, the Advisory Council on Historic Preservation may be notified and asked to comment by the Utah State Revolving Fund Program.

ACCESS Contractor and loan recipient shall insure that authorized representatives of the Utah DEQ, State Historic Preservation Office, US EPA, Comptroller General, Inspector General, and other applicable federal and state agencies and officials will have access to the project work whenever it is in preparation or progress and shall provide proper facilities for such access and inspection. Contractor shall allow these representatives to have access to any books, documents, plans, reports, papers, and other records of Contractor which are pertinent to the project for the purpose of making audit, examination, excerpts, copies and transcriptions thereof and to interview any officer or employee. Contractor shall insure that all subagreements will also afford access to such project work, sites, documents, records, and persons.

SITE EROSION AND SEDIMENT CONTROL MEASURES Every effort shall be made by Contractor and subcontractors to prevent and correct problems associated with erosion and runoff processes which could occur during and after project construction. The efforts should be consistent with applicable local ordinances and the Nonpoint Source Pollution Control Guidance. Whenever appropriate, Contractor's efforts shall reflect the following engineering principles: (a) When appropriate, land grading and excavating should be kept at a minimum to reduce the

possibility of creating runoff and erosion problems which require extensive control measures. (b) Whenever possible, topsoil should be removed and stockpiled before grading begins. (c) Land exposure should be minimized in terms of area and time. (d) Exposed areas subject to erosion should be covered as quickly as possible by means of

mulching or vegetation. (e) Natural vegetation should be retained whenever feasible. (f) Early completion of stabilized drainage systems (temporary and permanent systems) will

substantially reduce erosion potential. (g) Roadways and parking lots should be paved or otherwise stabilized as soon as feasible. (h) Clearing and grading should not be started until a firm construction schedule is known and can

be effectively coordinated with grading and clearing activity.

21

UPDES CONSTRUCTION RELATED DISCHARGE PERMITS Construction projects which will disturb one or more acres will require coverage under the State of Utah General Permit for Storm Water Discharges Associated with Large Construction Activities. Contractor is responsible for obtaining coverage under the appropriate permit and maintaining compliance until Owner accepts the Work as complete. For additional information see http://www.waterquality.utah.gov/UPDES/stormwatercon.htm. Certain construction activities such as dewatering, flushing, testing, and disinfection require coverage under the State of Utah General Permit for Temporary Discharges or under a separate discharge permit. Contractor is responsible for obtaining any necessary coverage and maintaining compliance. For more information see http://www.waterquality.utah.gov/UPDES/stormwatercon.htm.

AIR QUALITY PROTECTION MEASURES Contractor shall adhere to effective dust control procedures as required under the Utah Air Quality Standards and Regulations UAC R307. If asbestos is encountered during this project, Contractor shall follow standards for handling according to UAC R307-801. Contractor shall adhere to proper trade waste and materials disposal.

PRESERVATION OF OPEN COMPETITION AND GOVERNMENT NEUTRALITY TOWARDS GOVERNMENT CONTRACTORS' LABOR RELATIONS ON FEDERAL

AND FEDERALLY FUNDED CONSTRUCTION PROJECTS The assistance recipient agrees to comply with Executive Order 13202 (Feb. 22, 2001, 66 Federal Register 11225) of February 17, 2001, entitled "Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects," as amended by Executive Order 13208 (April 11, 2001, 66 Federal Register 18717) of April 6, 2001, entitled "Amendment to Executive Order 13202, Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects. Amend 48 CFR Part 36.202 by adding paragraph (d) to read as follows: (d) In accordance with Executive Order 13202, of February 17, 2001, Preservation of Open

Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects, as amended on April 6, 2001—

(1) The Government, or any construction manager acting on behalf of the Government, must

not—

http://www.waterquality.utah.gov/UPDES/stormwatercon.htm

http://www.waterquality.utah.gov/UPDES/stormwatercon.htm

22

(i) Require or prohibit offerors, contractors, or subcontractors to enter into or adhere to agreements with one or more labor organizations (as defined in 42 U.S.C. 2000e(d)) on the same or other related construction projects; or

(ii) Otherwise discriminate against offerors, contractors, or subcontractors for becoming,

refusing to become, or remaining signatories or otherwise adhering to agreements with one or more labor organizations, on the same or other related construction projects.

(2) Nothing in this paragraph prohibits offerors, contractors, or subcontractors from

voluntarily entering into project labor agreements. (3) The head of the agency may exempt a construction project from this policy if the agency

head finds that, as of February 17, 2001—

(i) The agency or a construction manager acting on behalf of the Government had issued or was a party to bid specifications, project agreements, agreements with one or more labor organizations, or other controlling documents with respect to that particular project, which contained any of the requirements or prohibitions in paragraph (d)(1) of this section; and

(ii) One or more construction contracts subject to such requirements or prohibitions had

been awarded.

(4) The head of the agency may exempt a particular project, contract, or subcontract from this policy upon a finding that special circumstances require an exemption in order to avert an imminent threat to public health or safety, or to serve the national security. A finding of "special circumstances" may not be based on the possibility or presence of a labor dispute concerning the use of contractors or subcontractors who are nonsignatories to, or otherwise do not adhere to, agreements with one or more labor organizations, or concerning employees on the project who are not members of or affiliated with a labor organization.

23

AMERICAN IRON AND STEEL REQUIREMENT None of the funds made available by a State water pollution control revolving fund as authorized by title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) shall be used for a project for the construction, alteration, maintenance, or repair of a public treatment works unless all of the iron and steel products used in the project are produced in the United States. The Contractor acknowledges to and for the benefit of (“Purchaser”) and the Utah Division of Water Quality (the “State”) that it understands the goods and services under this Agreement are being funded with monies made available by the Clean Water State Revolving Fund (CWSRF) and/or Drinking Water State Revolving Fund (DWSRF) that have statutory requirements commonly known as “American Iron and Steel;” that requires all of the iron and steel products used in the project to be produced in the United States (“American Iron and Steel Requirement”) including iron and steel products provided by the Contactor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Purchaser and the State that:

(a) the Contractor has reviewed and understands the American Iron and Steel Requirement, (b) all of the iron and steel products used in the project will be and/or have been produced in

the United States in a manner that complies with the American Iron and Steel Requirement, unless a waiver of the requirement is approved, and

(c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American Iron and Steel Requirement, as may be requested by the Purchaser or the State.

Notwithstanding any other provision of this Agreement, any failure to comply with this requirement by the Contractor shall permit the Purchaser or State to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney’s fees) incurred by the Purchaser or State resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or any damages owed to the State by the Purchaser). While the Contractor has no direct contractual privity with the State, as a lender to the Purchaser for the funding of its project, the Purchaser and the Contractor agree that the State is a third-party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the State. The full American Iron and Steel Guidance can be found at: http://water.epa.gov/grants_funding/aisrequirement.cfm

http://water.epa.gov/grants_funding/aisrequirement.cfm

24

AMERICAN IRON AND STEEL REQUIREMENT GUIDANCE Covered American Iron and Steel (AIS) Products

1. What is an iron or steel product? For purposes of the CWSRF projects that must comply with the AIS requirement, an iron or steel product is one of the following made primarily of iron or steel that is permanently incorporated into the project: • Lined or unlined pipes or fittings; • Manhole Covers; • Municipal Castings (defined in more detail later in this guidance); • Hydrants; • Tanks; • Flanges; • Pipe clamps and restraints; • Valves; • Structural steel (defined in more detail later in this guidance); • Reinforced precast concrete; and • Construction materials (defined in more detail later in this guidance).

2. What does the term ‘primarily iron or steel’ mean?

‘Primarily iron or steel’ places constraints on the list of products above. For one of the listed products to be considered subject to the AIS requirements, it must be made of greater than 50% iron or steel, measured by cost. The cost should be based on the material costs. For example, the iron portion of a fire hydrant would likely be the bonnet, body and shoe, and then the cost would include the pouring and casting to create those components. The other material costs would include non-iron and steel internal workings of the fire hydrant (i.e. stem, coupling, valve, seals, etc.). However, the assembly of the internal workings into the hydrant body would not be included in this cost calculation. If one of the listed products is not made primarily of iron or steel, United States provenance is not required. An exception to this definition is reinforced precast concrete, which is addressed later in this guidance.

3. If a product is composed of more than 50% iron or steel, but is not listed in the above list of items, must the item be produced in the US? Alternatively, must the iron or steel in such a product be produced in the US? The answer to both question is no. Only items on the above list must be produced in the US. Additionally, the iron or steel in a non-listed item can be sourced from outside the US.

4. What is the definition of steel? Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. Metallic elements such as chromium, nickel, molybdenum, manganese, and silicon may be added during the melting of steel for the purpose of enhancing properties such as corrosion resistance, hardness, or strength. The definition of steel covers carbon steel, ally steel, stainless steel, tool steel and other

25

specialty steels.

5. What does ‘produced in the United States’ mean? Production in the United States of the iron or steel products used in the project requires that all manufacturing processes, including application of coatings, must take place in the United States, with the exception of metallurgical processes involving refinement of steel additives. All manufacturing processes includes processes such as melting, refining, forming, rolling, drawing, finishing, fabricating and coating. Further, if a domestic iron and steel product is taken out of the US for any part of the manufacturing process, it becomes foreign source material. However, raw materials such as iron ore, limestone and iron and steel scrap are not covered by the AIS requirement, and the material(s), if any, being applied as a coating are similarly not covered. Non-iron or steel components of an iron and steel product may come from non-US sources. For example, for products such as valves and hydrants, the individual non-iron and steel components do not have to be of domestic origin.

6. Are the raw materials used in the production of iron or steel required to come from US sources? No, raw materials, such as iron ore, limestone, scrap iron, and scrap steel, can come from non-US sources.

7. If an above listed item is primarily made of iron or steel, but is only at the construction site temporarily, must such an item be produced in the US? No. Only the above listed products made primarily of iron or steel, permanently incorporated into the project must be produced in the US. For example trench boxes or scaffolding, which are removed from the project site upon completion of the project, are not required to be made of U.S. Iron or Steel.

8. What is the definition of ‘municipal castings’? Municipal castings are cast iron or steel infrastructure products that are melted and cast. They typically provide access, protection, or housing for components incorporated into utility owned drinking water, storm water, wastewater, and surface infrastructure. They are typically made of grey or ductile iron, or steel. Examples of municipal castings are: • Access Hatches; • Ballast Screen; • Benches (Iron or Steel); • Bollards; • Cast Bases; • Cast Iron Hinged Hatches, Square and Rectangular; • Cast Iron Riser Rings; • Catch Basin Inlet; • Cleanout/Monument Boxes; • Construction Covers and Frames; • Curb and Corner Guards; • Curb Openings;

26

• Detectable Warning Plates; • Downspout Shoes (Boot, Inlet); • Drainage Grates, Frames and Curb Inlets; • Inlets; • Junction Boxes; • Lampposts; • Manhole Covers, Rings and Frames, Risers; • Meter Boxes; • Steel Hinged Hatches, Square and Rectangular; • Steel Riser Rings; • Trash receptacles; • Tree Grates; • Tree Guards; • Trench Grates; and • Valve Boxes, Covers and Risers.

9. What is ‘structural steel’?

Structural steel is rolled flanged shapes, having at least one dimension of their cross-section three inches or greater, which are used in the construction of bridges, buildings, ships, railroad rolling stock, and for numerous other constructional purposes. Such shapes are designated as wide-flange shapes, standard I-beams, channels, angles, tees and zees. Other shapes include H-piles, sheet piling, tie plates, cross ties, and those for other special purposes.

10. What is a ‘construction material’ for purposes of the AIS requirement? Construction materials are those articles, materials, or supplies made primarily of iron and steel, that are permanently incorporated into the project, not including mechanical and/or electrical components, equipment and systems. Some of these products may overlap with what is also considered “structural steel”. This includes, but is not limited to, the following products: • wire rod, • bar, • angles, • concrete reinforcing bar, • wire, • wire cloth, • wire rope and cables, • tubing, • framing, • joists, • trusses, • fasteners (i.e. nuts and bolts), • welding rods, • decking,

27

• grating, • railings, • stairs, • access ramps, • fire escapes, • ladders, • wall panels, • dome structures, • roofing, • ductwork, • surface drains, • cable hanging systems, • manhole steps, • fencing and fence tubing, • guardrails, • doors, • stationary screens

11. What is not considered a ‘construction material’ for purposes of the AIS requirement? Mechanical and electrical components, equipment and systems are not considered construction materials. Mechanical equipment is typically that which has motorized parts and/or is powered by a motor. Electrical equipment is typically any machine powered by electricity and includes components that are part of the electrical distribution system. The following examples (including their appurtenances necessary for their intended use and operation) are NOT considered construction materials: • pumps, • motors, • gear reducers, • drives (including variable frequency drives (VFDs)) • electric/pneumatic/manual accessories used to operate valves (such as electric valve

actuators) • mixers, • gates, • motorized screens (such as traveling screens), • blowers/aeration equipment, • compressors, • meters, • sensors, • controls and switches, • supervisory control and data acquisition (SCADA) • membrane bioreactor systems, • membrane filtrations systems,

28

• filters, • clarifiers and clarifier mechanisms, • rakes, • grinders, • disinfection systems, • presses (including belt presses), • conveyors, • cranes, • HVAC (excluding ductwork), • water heaters, • heat exchangers, • generators, • cabinetry and housings (such as electrical boxes/enclosures), • lighting fixtures, • electrical conduit, • emergency life systems, • metal office furniture, • shelving, • laboratory equipment, • analytical instrumentation, • dewatering equipment

12. If the iron or steel is produced in the US, may other steps in the manufacturing

process take place outside of the US, such as assembly? No. Production in the US of the iron or steel used in a listed product requires that all manufacturing processes must take place in the United States, except metallurgical processes involving refinement of steel additives.

13. What processes must occur in the US to be compliant with the AIS requirement for reinforced precast concrete? While reinforced precast concrete may not be at least 50% iron or steel, in this particular case, the reinforcing rebar and wire must be produced in the US and meet the same standards as for any other iron or steel product. Additionally, the casting of the concrete product must take place in the US. The cement and other raw materials used in concrete production are not required to be of domestic origin. If the reinforced concrete is cast at the construction site, the reinforcing bar and wire are considered to be a construction material and mush be produced in the US.

Compliance with AIS Requirements

1. How should an assistance recipient document compliance with the AIS requirement? In order to ensure compliance with the AIS requirement, specific AIS contract language must be included in each contract, starting with the assistance agreement (bond, grant agreement), all the way down to the subcontractor and purchase agreements. Language for

29

contracts should be similar to the American Iron and Steel Requirement provision in this contract. EPA recommends the use of a step certification process, similar to one used by the Federal Highway Administration. The step certification process is a method to ensure adherence to AIS requirements and assistance recipients can verify that products comply with the AIS requirement. The process also establishes accountability and better enables States to take enforcement actions against violators. Step certification creates a paper trail which documents the location of the manufacturing process involved with the production of steel and iron materials. A step certification is a process under which each handler (supplier, fabricator, manufacturer, processor, etc.) of the iron and steel products certifies that their step in the process was domestically performed. Each time a step in the manufacturing process takes place, the manufacturer delivers its work along with a certification of its origin. A certification can be quite simple. Typically, it includes the name of the manufacturer, the location of the manufacturing facility where the product or process took place (not its headquarters), a description of the product or item being delivered, and a signature by a manufacturer’s responsible party. A sample certification is located in this section. These certifications should be collected and maintained by the assistance recipients. Alternatively, the final manufacturer that delivers the iron or steel product to the worksite, vendor, or contractor, may provide a certification asserting that all manufacturing processes occurred in the US. While this type of certification may be acceptable, it does not provide the same degree of assurance. Additional documentation may be needed if the certification is lacking important information. Step certification is the best practice.

2. How will the State will ensure assistance recipients are complying with the AIS

requirement? In order to ensure compliance with the AIS requirement, the State must include specific AIS contract language in the assistance agreement (i.e. bond, grant agreement, etc.). The assistance recipient must include specific AIS contract language in the project’s contract documents. The State will also conduct site visits of projects during construction and review documentation demonstrating proof of compliance which the assistance recipient has gathered.

3. What happens if a State or EPA finds a non-compliant iron and/or steel product permanently incorporated in the project? If a potentially noncompliant product is identified, the State will notify the assistance recipient of the apparent unauthorized use of the non-domestic component, including a proposed corrective action, and should be given the opportunity to reply. If unauthorized use is confirmed, the State can take one or more of the following actions: • request a waiver where appropriate; • require the removal of the non-domestic item; or

30

• withhold payment for all or part of the project. Only EPA can issue waivers to authorize the use of a non-domestic item. EPA may use remedies available to it under the Clean Water Act and 40 CRF part 31 grant regulations in the event of a violation of a grant term and condition. It is recommended that the State work collaboratively with EPA to determine the appropriate corrective action, especially in cases where the State is the one who identifies the item in noncompliance or there is a disagreement with the assistance recipient. If fraudulent activities are suspected, the Office of Inspector General (OIG) should be contacted immediately. The OIG can be reached at 1-888-546-8740 or [email protected]. More information can be found at this website: http://www.epa.gov/oig/hotline.htm.

4. How do international trade agreements affect the implementation of the AIS

requirements? The AIS provision applies in a manner consistent with United States obligations under international agreements. Typically, these obligations only apply to direct procurement by the entities that are signatories to such agreements. In general, SRF assistance recipients are not signatories to such agreements, so these agreements have no impact on this AIS provision. In the few instances where such an agreement applies to a municipality, that municipality is under the obligation to determine its applicability and requirements and document the actions taken to comply for the State.

AIS Requirement Waiver Process The statute permits EPA to issue waivers for a case or category of cases where EPA finds (1) that applying these requirements would be inconsistent with the public interest; (2) iron and steel products are not produced in the US in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the US will increase the cost of the overall project by more than 25 percent.

In order to implement the AIS requirements, EPA has developed an approach to allow for effective and efficient implementation of the waiver process to allow projects to proceed in a timely manner. The framework described later in this guidance will allow States to apply for waiver, on the behalf of the assistance recipients, to apply for waivers of the AIS requirement directly to EPA Headquarters. Pursuant to the Act, EPA has the responsibility to make findings as to the issuance of waivers to the AIS requirements.

• Reasonably Available Quantity means the quantity of iron or steel products is available or will be available at the time needed and place needed, and in the proper form or specification as specified in the project plans and design.

• Satisfactory Quality means the quality of iron or steel products, as specified in the project plans and designs.

• Assistance Recipient means a borrower or grantee that receives funding from a State CWSRF program.

31

Information Checklist for Waiver Request The purpose of this checklist is to help ensure that all appropriate and necessary information is submitted to EPA. EPA recommends that waiver applicants review this checklist carefully and provide all appropriate information to EPA. This checklist is for informational purposes only and does not need to be included as part of a waiver application.

Items Notes General

• Waiver request includes the following information: — Description of the foreign and domestic construction materials — Unit of measure — Quantity — Price — Time of delivery or availability — Location of the construction project — Name and address of the proposed supplier — A detailed justification for the use of foreign construction materials

• Waiver request was submitted according to the instructions in the memorandum • Assistance recipient made a good faith effort to solicit bids for domestic iron and steel products, as demonstrated by language in requests for

proposals, contracts, and communications with the prime contractor

Cost Waiver Requests • Waiver request includes the following information:

— Comparison of overall cost of project with domestic iron and steel products to overall cost of project with foreign iron and steel products

— Relevant excerpts from the bid documents used by the contractors to complete the comparison — Supporting documentation indicating that the contractor made a reasonable survey of the market, such as a description of the

process for identifying suppliers and a list of contacted suppliers

Availability Waiver Requests • Waiver request includes the following supporting documentation necessary to demonstrate the availability, quantity, and/or quality of the

materials for which the waiver is requested: — Supplier information or pricing information from a reasonable number of domestic suppliers indicating availability/delivery date

for construction materials — Documentation of the assistance recipient’s efforts to find available domestic sources, such as a description of the process for

identifying suppliers and a list of contacted suppliers. — Project schedule — Relevant excerpts from project plans, specifications, and permits indicating the required quantity and quality of construction

materials • Waiver request includes a statement from the prime contractor confirming the non-availability of the domestic construction materials for

which the waiver is sought • Has the State received other waiver requests for the materials described in this waiver request, for comparable projects?

32

HQ Review Checklist for Waiver Request Instructions: To be completed by EPA. Review all waiver requests using the questions in the checklist, and mark the appropriate box as Yes, No or N/A. Marks that fall inside the shaded boxes may be grounds for denying the waiver. If none of your review markings fall into a shaded box, the waiver is eligible for approval if it indicates that one or more of the following conditions applies to the domestic product for which the waiver is sought:

1. The iron and/or steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality. 2. The inclusion of iron and/or steel products produced in the United States will increase the cost of the overall project by more than 25 percent.

Review Items Yes No N/A Comments

Cost Waiver Requests • Does the waiver request include the following information?

— Comparison of overall cost of project with domestic iron and steel products to overall cost of project with foreign iron and steel products

— Relevant excerpts from the bid documents used by the contractors to complete the comparison — A sufficient number of bid documents or pricing information from domestic sources to constitute a reasonable survey of the

market • Does the Total Domestic Project exceed the Total Foreign Project Cost by more than 25%?

Availability Waiver Requests • Does the waiver request include supporting documentation sufficient to show the availability, quantity, and/or quality of the iron

and/or steel product for which the waiver is requested? — Supplier information or other documentation indicating availability/delivery date for materials — Project schedule — Relevant excerpts from project plans, specifications, and permits indicating the required quantity and quality of materials

• Does supporting documentation provide sufficient evidence that the contractors made a reasonable effort to locate domestic suppliers of materials, such as a description of the process for identifying suppliers and a list of contacted suppliers?

• Based on the materials delivery/availability date indicated in the supporting documentation, will the materials be unavailable when they are needed according to the project schedule? (By item, list schedule date and domestic delivery quote date or other relevant information)

• Is EPA aware of any other evidence indicating the non-availability of the materials for which the waiver is requested? Examples include:

— Multiple waiver requests for the materials described in this waiver request, for comparable projects in the same State — Multiple waiver requests for the materials described in this waiver request, for comparable projects in other States — Correspondence with construction trade associations indicating the non-availability of the materials

• Are the available domestic materials indicated in the bid documents of inadequate quality compared those required by the project plans, specifications, and/or permits?

34

Sample Step Certification Letter

The following information is provided as a sample letter of step certification for AIS compliance. Documentation must be provided on company letterhead. Date Company Name Company Address City, State Zip Subject: Buy America Step Certification for Project (XXXXXXXXXXX) I, (company representative), certify that the (melting, bending, coating, galvanizing, cutting, etc.) process for (manufacturing or fabricating) the following products and/or materials shipped or provided for the subject project is in full compliance with the American Iron and Steel requirement as mandated in EPA’s State Revolving Fund Programs. Item, Products and/or Materials: 1. Xxxx 2. Xxxx 3. Xxxx

Such process took place at the following location:

If any of the above compliance statements change while providing material to this project we will immediately notify the prime contractor and the engineer. Signed by company representative

35

Sample Certification Letter The following information is provided as a sample letter of certification for AIS compliance. Documentation must be provided on company letterhead. Date Company Name Company Address City, State Zip Subject: Buy America Certification for Project (XXXXXXXXXXX) I, (company representative), certify that the following products and/or materials shipped/provided to the subject project are in full compliance with the American Iron and Steel requirement as mandated in EPA’s State Revolving Fund Programs. Item, Products and/or Materials: 1. Xxxx 2. Xxxx 3. Xxxx Such process took place at the following location: If any of the above compliance statements change while providing material to this project we will immediately notify the prime contractor and the engineer. Signed by company representative

36

DAVIS BACON PREVAILING WAGE REQUIREMENTS “Notwithstanding any other provision of law and in a manner consistent with other provisions in this Act, all laborers and mechanics employed by contractors and sub contractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.” Federal Labor Standards Provisions (from 29 CFR 5.5) (a) (1) Minimum wages.

(i) All laborers and mechanics employed or working upon the site of the work 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 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.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; 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 shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification 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. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster (WH–1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

(ii) (A) The contracting officer shall require that any class of laborers or mechanics,

including helpers, which is not listed in the wage determination and which is to be

37

employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

( 1 ) The work to be performed by the classification requested is not performed

by a classification in the wage determination; and ( 2 ) The classification is utilized in the area by the construction industry; and ( 3 ) The proposed wage rate, including any bona fide fringe benefits, bears a

reasonable relationship to the wage rates contained in the wage determination.

(B) If the contractor and the laborers and mechanics to be employed in the classification

(if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(C) In the event the contractor, the laborers or mechanics to be employed in the

classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(D) The wage rate (including fringe benefits where appropriate) determined pursuant

to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

(iii)Whenever the minimum wage rate prescribed in the contract for a class of laborers or

mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

38

(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

(2) Withholding. The project owner (the SRF loan recipient) or the Utah SRF Program shall

upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the project owner or the Utah SRF Program may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

(3) Payrolls and basic records.

(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

39

(ii) (A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the project owner. Project owner will provide copies to the Utah SRF Program upon request. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the US Department of Labor/Wage and Hour Division Web site at http://www.dol.gov/whd/programs/dbra/wh347.htm. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the project owner. Project owner shall provide such information, upon request, to the Utah SRF Program or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the project owner or other government agencies.

(B) Each payroll submitted shall be accompanied by a “Statement of Compliance,”

signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:

( 1 ) That the payroll for the payroll period contains the information required to be

provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;

( 2 ) That each laborer or mechanic (including each helper, apprentice, and trainee)

employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;

( 3 ) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

(C) The weekly submission of a properly executed certification set forth on the reverse

side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (a)(3)(ii)(B) of this section.

40

(D) The falsification of any of the above certifications may subject the contractor or

subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.

(iii)The contractor or subcontractor shall make the records required under paragraph

(a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the project owner, the Utah SRF Program, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

(4) Apprentices and trainees

(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator

41

determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at

less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(iii)Equal employment opportunity. The utilization of apprentices, trainees and journeymen

under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.

(5) Compliance with Copeland Act requirements. The contractor shall comply with the

requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses

contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the project owner and/or the Utah SRF Program may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The

42

prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.

(7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be

grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

(8) Compliance with Davis-Bacon and Related Act requirements. All rulings and

interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.

(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions

of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

(10)Certification of eligibility.

(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award

of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(iii)The penalty for making false statements is prescribed in the U.S. Criminal Code, 18

U.S.C. 1001.

(b) Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.

(1) Overtime requirements. No contractor or subcontractor contracting for any part of the

contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of

the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract

43

for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.

(3) Withholding for unpaid wages and liquidated damages. The project owner or the Utah SRF

Program shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.

(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses

set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.

Other related requirements and information

1. Based on 29 CFR 5.6(a)(3): Owner shall make such investigations as may be necessary to

assure compliance with the labor standards provisions and related statutes and regulations. Investigations shall be made with such frequency as may be necessary to assure compliance. Such investigations shall include interviews with employees, which shall be taken in confidence, and examinations of payroll data and evidence of registration and certification with respect to apprenticeship and training plans. In making such examinations, particular care shall be taken to determine the correctness of classifications and to determine whether there is a disproportionate employment of laborers and of apprentices or trainees registered in approved programs. Such investigations shall also include evidence of fringe benefit plans and payments thereunder. Complaints of alleged violations shall be given priority.

2. A brief summary of required Davis Bacon compliance checking activities by Owner:

• Make sure the Davis-Bacon poster and the wage determination are posted at the job site in a prominent and accessible place where both can be easily seen by the workers.

• Review the weekly payrolls for compliance with the requirements. • Interview employees to cross check the payrolls and to help ensure compliance with the

requirements.

44

3. The regulations do not require a specific interval and number of employee interviews; however, Owner shall make the interval and number of interviews commensurate with the size and complexity of the project so as to provide a reasonable check on Contractor's compliance.

4. The regulations do not require a specific interview format. Owner can use or adapt other

agencies' Davis-Bacon interview forms, such as the one provided by the US Department of Housing and Urban Development, form HUD-11, which can be found at http://www.hud.gov/offices/olr/olrform.cfm or Standard Form -1445 which can be found at http://www.gsa.gov/portal/forms/download/12BF5D0E2DC4484685256CBC0062F375.

5. Owner shall maintain the payrolls, interview records, and other compliance related records for

a minimum of three years after completion of the contract and shall provide them upon request to the Utah SRF Program or to applicable federal agencies.

6. Additional compliance information and assistance is available at

http://www.dol.gov/compliance/guide/dbra.htm and other related websites. 7. Following are the identifier codes used to reference the various craft unions. Examples of

classifications for which their local unions commonly negotiate wage and fringe benefit rates are shown in parentheses.

ASBE = International Association of Heat and Frost Insulators and Asbestos Workers BOIL = International Brotherhood of Boiler Makers, Iron Shipbuilders, Blacksmiths,

Forgers and Helpers BRXX = International Union of Bricklayers, and Allied Craftsmen (bricklayers, cement

masons, stone masons, tile, marble and terrazzo workers) CARP = United Brotherhood of Carpenters and Joiners of America (carpenter, millwright,

piledrivermen, soft floor layers, divers) ELEC = International Brotherhood of Electrical Workers (electricians, communication

systems installers, and other low voltage specialty workers) ELEV = International Union of Elevator Constructors ENGI = International Union of Operating Engineers (operators of various types of power

equipment) IRON = International Association of Bridge, Structural and Ornamental Iron Workers LABO = Laborers' International Union of North America

http://www.gsa.gov/portal/forms/download/12BF5D0E2DC4484685256CBC0062F375

45

PAIN = International Brotherhood of Painters and Allied Trades (painters, drywall finishers, glaziers, soft floor layers)

PLAS = Operative Plasterers' and Cement Masons' International Association of the United

States and Canada (cement masons, plasterers) PLUM = United Association of Journeymen and Apprentices of the Plumbing and Pipe

Fitting Industry of the United States and Canada (plumbers, pipefitters, steamfitters, sprinkler fitters)

ROOF = United Union of Roofers, Waterproofers and Allied Workers SHEE = Sheet Metal Workers International Association SU.... = The "SU..." identifier is for rates derived from survey data where the union rate(s)

were not determined to be prevailing for the classification(s) listed. (The data reported for such a classification and used in computing the prevailing rate may have included both union and non-union wage data.) Note that various classifications, for which non-union rates have been determined to be prevailing, may be listed in alphabetical order under this identifier, which the computer places into the wage determination in alphabetical order, as listed here.

TEAM = International Brotherhood of Teamsters

46

47

48

Insert (in place of this page) the applicable Davis-Bacon Wage Decision. Current wage decisions for Utah are available at http://www.gpo.gov/davisbacon/UT.html. Use the wage decision that applies to the type of construction. Most water and sewer line projects are classified as "heavy." Treatment plants may be "heavy" or "building" or both, depending on circumstances. Notice further that the "heavy" classification is broken into two subcategory decisions, one for water and sewer main construction and one for plants. Water and sewer mains constructed in conjunction with a UDOT project may be "highway." Discuss with the SRF program if necessary, especially if multiple types seem to apply. We may need to consult EPA or the US Department of Labor in some cases. Check the wage decision(s) again right before going to bid to make sure you are using the most up to date decision(s) as they get updated regularly.




October 13, 2017

Attachment D

Preconstruction Services Contract

1

City of Logan

Preconstruction Services Contract

For Construction Manager/General Contractor Services


PROJECT NUMBER ______________

2

CITY OF LOGAN

Standard Contract Terms and Conditions for Professional Services

Project:

1. PARTIES: This agreement is made and entered into as of the day of , 2018, by and between the

City of Logan, a Utah municipal corporation, hereinafter referred to as the “CITY”, and , hereinafter

referred to as “CONTRACTOR”.

2. CONTRACT DOCUMENTS: This agreement incorporates by reference the Request for Proposal, which includes Insurance

and Bond Requirements, dated and the Proposal dated .

3. SCOPE OF WORK: CITY intends to construct the Logan Regional Wastewater Treatment Facility including a new 18 million

gallon per day (mgd) treatment facility that will replace the existing lagoon treatment system. CONTRACTOR has submitted a

proposal to provide Construction Manager/General Contractor (CM/GC) services.

CONTRACTOR agrees to furnish all services necessary to perform Preconstruction Services as called for in this Contract,

including the Preconstruction Services Scope of Work in Attachment A. The Contractor shall actively participate as a member of

the Project team with the Owner and the Engineer during the design and construction documents phases prior to construction. The

Contractor shall be responsible for providing necessary consulting expertise to the Owner to ensure that the program scope, the

construction budget and the Project schedule are met.

This Contract is solely for Preconstruction Services. In entering into this Contract, Owner and Contractor recognize that they may

not be able to negotiate a Guaranteed Maximum Price (GMP) for this project. Accordingly, Owner and Contractor are not relying

on the assumption that a CM/GC Contract will subsequently be signed. In the event Owner and Contractor do not successfully

negotiate a GMP for this project, this Contract will be terminated and Contractor will be paid the value of its Preconstruction

Services to the date of termination and will not be entitled to any other compensation, damages, loss of profits or payment of any

other kind.

4. AUTHORITY: Provisions of this contract (“Contract”) are pursuant to the authority set forth in Logan Municipal Code 3.04, and

related statutes which permit the City of Logan to purchase certain specified services, and other approved purchases for the City of

Logan.

5. CONTRACT JURISDICTION, CHOICE OF LAW, AND VENUE: The provisions of this Contract shall be governed by the

laws of the State of Utah. The parties will submit to the jurisdiction of the courts of the State of Utah for any dispute arising out of

this Contract or the breach thereof. Venue shall be in Logan, in the First Judicial District Court for Cache County.

6. LAWS AND REGULATIONS: The person or entity contracting with the City of Logan under this Contract (“Contractor”) and

any and all supplies, services, equipment, and construction furnished under this Contract will comply fully with all applicable

Federal, and State, and local laws, codes, rules, regulations, and ordinances, including applicable licensure and certification

requirements.

7. RECORDS ADMINISTRATION: The Contractor shall maintain, or supervise the maintenance of, all records necessary to

properly account for the payments made to the Contractor for costs authorized by this Contract. These records shall be retained by

the Contractor for at least four years after the Contract terminates, or until all audits initiated within the four years, have been

completed, whichever is later. The Contractor agrees to allow State and Federal auditors, and City of Logan staff, access to all the

records to this Contract, for audit and inspection, and monitoring of services. Such access will be during normal business hours,

or by appointment.

8. TIME: The Contractor shall complete the scope of services work in a manner to achieve any milestones identified in the

procurement documents related to this Contract and the attachments to this Contract. The full scope of services work shall be

completed by any applicable deadline stated in the solicitation.

9. TIME IS OF THE ESSENCE: For all work and services under this Contract, time is of the essence and Contractor shall be

liable for all damages to the City of Logan and anyone for whom the City of Logan may be liable, as a result of the failure to

timely complete the scope of work required under this Contract.

10. PAYMENT:

10.1 Owner will pay Contractor a lump sum amount of $ , excluding Utah State sales tax for such services. This

Preconstruction Services Contract Construction Manager/General Contractor Services for Logan Regional Wastewater Treatment

3

Facility. This Contract amount specifically includes all of the Contractor's direct and indirect costs arising out of or related to the

performance of the work identified in the Contract, including but not limited to profit, overhead, supervision, labor, supplies,

materials, equipment or use thereof, taxes, relocation costs, travel, communication, and office space. The Contractor shall submit

monthly invoices and will be paid monthly for satisfactorily completed work and services based on the actual percent complete

without markup, up to the lump sum total compensation set forth above. Any amount that exceeds the total compensation agreed to

will be at the Contractor's sole cost and expense, unless there are scope changes in the Preconstruction Services authorized by a

written amendment to this Contract.

10.2 Payments are normally made within 30 days following the date the order is delivered or the date a correct invoice is

received, whichever is later. After 60 days from the date a correct invoice is received by the appropriate City official, the

Contractor may assess interest on overdue, undisputed account charges up to a maximum of the interest rate paid by the IRS on

taxpayer refund claims, plus two percent, computed similarly as the requirements of Utah Code Annotated Section 15-6-3. The

IRS interest rate is adjusted quarterly, and is applied on a per annum basis, on the invoice amount that is overdue.

10.3 The contract total may be changed only by written amendment executed by authorized personnel of the parties. Unless

otherwise stated in the Contract, all payments to the Contractor will be remitted by mail or electronic funds transfer.

10.4 The acceptance by the Contractor of final payment without a written protest filed with the City of Logan within ten (10)

working days of receipt of final payment shall release the City of Logan from all claims and all liability to the Contractor for fees

and costs of the performance of the services pursuant to this Contract.

11. PROMPT PAYMENT DISCOUNT: Offeror may quote a prompt payment discount based upon early payment; however,

discounts offered for less than 30 days will not be considered in making the award. Contractor shall list Payment Discount Terms

on invoices. The date from which discount time is calculated will be the date a correct invoice is received or receipt of shipment,

whichever is later; except that if testing is performed, the date will be the date of acceptance of the merchandise.

12. RETAINAGE: The Owner shall withhold 5% of each payment to the Contractor under this Contract as retainage.

13. PREVAILING WAGES: The work of this Contract is subject to the payment of prevailing wages. The Contractor shall comply

with all applicable provisions of 29 CFR Parts 1, 3, and 5 concerning prevailing wages, shall provide the Owner with all

documents required therein, and shall pay not less than the prevailing rate of wage to such laborers, workers, or mechanics in each

trade or occupation required for the work whether performed by the Contractor, subcontractor, or other person doing or

contracting to do the whole or any part of the work subject to prevailing wages and contemplated by this Contract. The execution

date of this Contract shall be the effective date for any prevailing wages required to be paid under this Contract. In any case, the

Contractor shall not pay any person described herein less than the hourly minimum rate of wage.

14. CONTRACTOR STAFFING: Contractor agrees to provide all professional personnel necessary to perform the required

Preconstruction Services including the following individuals with the following time commitments who were named in the

Contractor's proposal submitted in response to the Owner's Request for Proposals for CM/GC Services for the Project. These key

personnel shall remain assigned for the duration of the Project unless otherwise agreed to in writing by the Owner. In the event the

Contractor proposes to substitute any of the key personnel designated below, the individual(s) proposed must demonstrate similar

qualifications and experience as required to successfully perform such duties. The Owner shall have the sole right to determine

whether key personnel proposed as substitutes are qualified to work on the Project. Owner shall not unreasonably withhold

approval of staff changes. The Contractor will remove from the Project any personnel assigned to the Project if, after the matter

has been thoroughly considered by the Owner and Contractor, the Owner considers such removal necessary and in the best interest

of the Project, and the Owner so notifies the Contractor in writing and allows a reasonable period of time for the transition to

different personnel.

Position Title Name of Individual Percentage of Time

Commitment

Corporate Executive

Project Manager

Project Superintendent

Project Engineer

Cost Estimator

Scheduler

Safety Officer

4

15. NO WAIVER: No payment, whether monthly or final, to the Contractor for any Project work shall constitute a waiver or release

by the Owner of any claims, rights, or remedies it may have against the Contractor under this Contract or by law, nor shall such

payment constitute a waiver, remission, or discharge by the Owner of any failure or fault of the Contractor to satisfactorily

perform the Project work as required under this Contract. Failure by Owner to require or enforce any provision of this Contract

shall not constitute a waiver or release by Owner of any rights or remedies, or to require contractual performance by Contractor.

16. CHANGES IN SCOPE: Any changes in the scope of the services to be performed under this Contract shall be in the form of a

written amendment to this Contract, mutually agreed to and signed by duly authorized representatives of both parties, specifying

any such changes, fee adjustments, any adjustment in time of performance, or any other significant factors arising from the

changes in the scope of services.

17. DOCUMENT OWNERSHIP: Contractor agrees that any work/services and all Deliverables prepared for City of Logan, to the

extent to which it is eligible under copyright law in any county, shall be deemed a work made for hire, such that all right, title and

interest in the work and Deliverables reside with the City of Logan. To the extent any work or Deliverable is deemed not to be,

for any reason whatsoever, work made for hire, Contractor agrees to assign and hereby assigns all right, title, and interest,

including but not limited to, copyright, patent, trademark, and trade secret, to such work and Deliverables, and all extensions and

renewals thereof, to the City of Logan. Contractor further agrees to provide all assistance reasonably requested by City of Logan

in the establishment, preservation and enforcement of its rights in such work and deliverables, or subsequent amendments or

modifications to such work and deliverables, without any additional compensation to Contractor. Contractor agrees to waive, and

hereby, to the extent permissible, waives, all rights relating to such work and deliverables, or subsequent amendments or

modifications to such work and deliverables, including without limitation any and all rights of identification of authorship and any

and all rights of approval, restriction or limitation on use.

18. CERTIFY REGISTRATION AND USE OF EMPLOYMENT "STATUS VERIFICATION SYSTEM”: The Status

Verification System, also referred to as “E-verify,” only applies to contracts issued through a Request for Proposal process, and to

sole sources that are included within a Request for Proposal. It does not apply to Invitation to Bids nor to the Multi-Step Process.

18.1 Status Verification System

(1) Contractor certifies as to its own entity, under penalty of perjury, that the named Contractor has registered and is participating

in the Status Verification System to verify the work eligibility status of the Contractor’s new employees that are employed in the

State of Utah in accordance with applicable immigration laws including Utah Code Ann. Section 63G-12-302.

(2) The Contractor shall require that the following provision be placed in each subcontract at every tier: “The subcontractor shall

certify to the main (prime or general) contractor by affidavit that the subcontractor has verified through the Status Verification

System the employment status of each new employee of the respective subcontractor, all in accordance with applicable

immigration laws including Utah Code Ann. Section 63G-12-302 and to comply with all applicable employee status verification

laws. Such affidavit must be provided prior to the notice to proceed for the subcontractor to perform the work.”

(3) The City of Logan will not consider a proposal for award, nor will it make any award, where there has not been compliance

with this Section.

(4) Manually or electronically signing the Proposal is deemed the Contractor’s certification of compliance with all provisions of

this employment status verification certification required by all applicable status verification laws, including Utah Code Ann.

Section 63G-12-302.

18.2 Indemnity Clause for Status Verification System

Contractor (includes, but is not limited to any Contractor or Consultant) shall protect, indemnify and hold harmless, the City of

Logan and its officers, employees, agents, representatives and anyone that the City of Logan may be liable for, against any claim,

damages or liability arising out of or resulting from violations of the above Status Verification System Section whether violated by

employees, agents, or contractors of the following: (a) Contractor; (b) Contractor’s subcontractor or subconsultant at any tier;

and/or (c) any entity or person for whom the Contractor or Subcontractor may be liable.

19. CONFLICT OF INTEREST: Contractor represents that none of its officers or employees are officers or employees of the City

of Logan, unless disclosure has been made. Contractor also represents that it has no conflict of interest in performing the services

for the City of Logan under this Contract, unless such conflict of interest has been disclosed to the City of Logan and approval to

proceed, notwithstanding the conflict, has been obtained from the City of Logan in writing.

20. CONTRACTOR AN INDEPENDENT CONTRACTOR: The Contractor shall be an independent contractor, and as such, shall

have no authorization, express or implied, to bind the City of Logan to any agreements, settlements, liability, or understanding

whatsoever, and agrees not to perform any acts as agent for the City of Logan, except as herein expressly set forth. Compensation

stated herein shall be the total amount payable to the Contractor by the City of Logan. The Contractor shall be responsible for the

payment of all income tax and Social Security amounts due as a result of payments received from the City of Logan for these

5

Contract services. Persons employed by the City of Logan and acting under the direction of the City of Logan shall not be deemed

to be employees or agents of the Contractor.

21. INDEMNITY CLAUSE: The Contractor agrees to indemnify, save harmless, and release the City of Logan, and all its officers,

agents, volunteers, and employees from and against any and all claims, loss, damages, injury, liability, suits, and proceedings

arising out of the performance of this Contract which are caused in whole or in part by the acts or negligence of (a) the Contractor,

(b) the Contractor’s officers, agents, volunteers, or employees, (c) the Contractor’s subcontractors or subconsultants at any tier, or

(d) anyone for whom Contractor may be liable but not for claims arising from the City of Logan's sole negligence. The parties

agree that if there are any Limitations of the Contractor’s Liability, including a limitation of liability for anyone for whom the

Contractor is responsible, such Limitations of Liability will not apply to injuries to persons, including death, or to damages to

property.

22. EMPLOYMENT PRACTICES CLAUSE: The Contractor agrees to abide by the provisions of Title VI and VII of the Civil

Rights Act of 1964 (42 USC 2000e) which prohibits discrimination against any employee or applicant for employment or any

applicant or recipient of services, on the basis of race, religion, color, or national origin; and further agrees to abide by Executive

Order No. 11246, as amended, which prohibits discrimination on the basis of sex; 45 CFR 90 which prohibits discrimination on

the basis of age; and Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990 which

prohibits discrimination on the basis of disabilities. Also, the Contractor agrees to abide by Utah's Executive Order, dated

December 13, 2006, which prohibits sexual harassment in the work place. Contractor also agrees to abide by any laws and

policies of the City of Logan regarding any of the above mentioned prohibitions in this paragraph.

23. PERFORMANCE EVALUATION: The City of Logan may conduct a performance evaluation of the Contractor’s services,

including specific personnel of the Contractor. References in the Contract to Contractor shall include Contractor, Contractor’s

subcontractors, or subconsultants at any tier, if any. Results of any evaluation will be made available to the Contractor.

24. WAIVERS: No waiver by the City of Logan or Contractor of any default shall constitute a waiver of the same default at a later

time or of a different default.

25. SEPARABILITY CLAUSE: A declaration by any court, or any other binding legal authority, that any provision of this Contract

is illegal and void shall not affect the legality and enforceability of any other provision of this Contract, unless the provisions are

mutually dependent.

26. RENEGOTIATION OR MODIFICATIONS: This Contract may be amended, modified, or supplemented only by written

amendment to this Contract, executed by authorized persons of the parties hereto, and attached to the original signed copy of this

Contract. Automatic renewals will not apply to this Contract.

27. SUSPENSION/DEBARMENT: The Contractor certifies that neither it nor its principals are presently or have ever been

debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction

(Contract), by any governmental department or agency in the United States, including any federal, state or local agency. If the

Contractor cannot certify this statement, attach a written explanation for review by the City of Logan. The Contractor must notify

the Purchasing Agent within 30 days if suspended or debarred by any governmental entity during the Contract period.

28. TERMINATION:

28.1 Unless otherwise stated in the Additional Terms and Conditions of the City of Logan, if applicable, this Contract may be

terminated, with cause by either party, in advance of the specified termination date, upon written notice being given by the other

party. The party in violation will be given ten (10) working days after notification to correct and cease the violations, after which

this Contract may be terminated for cause. This Contract may be terminated without cause, in advance of the specified expiration

date, by either party, upon sixty (60) days prior written notice being given to the other party. On termination of this Contract, all

accounts and payments will be processed according to the financial arrangements set forth herein for approved services rendered

to date of termination.

28.2 In the event of such termination, the Contractor shall be compensated for services properly performed under this Contract

up to the effective date of the notice of termination. The Contractor agrees that in the event of such termination for cause or

without cause, Contractor’s sole remedy and monetary recovery from the City of Logan is limited to full payment for all work

properly performed as authorized under this Contract up to the date of termination as well as any reasonable monies owed as a

result of the Contractor having to terminate contracts necessarily and appropriately entered into by the Contractor pursuant to this

Contract. Contractor further acknowledges that in the event of such termination, all work product, which includes but is not

6

limited to all manuals, forms, contracts, schedules, reports, and any and all documents produced by Contractor under this Contract

up to the date of termination are the property of the City of Logan and shall be promptly delivered to the City of Logan.

29. INSURANCE:

29.1 To protect against liability, loss and/or expense in connection with the performance of services described under this

Contract, the Contractor shall obtain and maintain in force during the entire period of this Contract without interruption, at its own

expense, insurance as shown in Attachment B from insurance companies authorized to do business in the State of Utah and with an

A.M. Best rating as approved by the City of Logan Risk Manager.

29.2 The following are minimum coverages that may be supplemented by additional requirements contained in the solicitation

for this Contract or provided in an Attachment to this Contract:

(1) Worker’s Compensation Insurance and Employers’ Liability Insurance. Worker’s compensation insurance shall cover full

liability under the worker’s compensation laws of the jurisdiction in which the service is performed at the statutory limits required

by said jurisdiction.

(2) Professional liability insurance in the amount as described in the solicitation for this Contract, if applicable.

(3) Any other insurance described in the solicitation for this Contract, if applicable.

29.3 Any type of insurance or any increase of limits of liability not described in this Contract which the Contractor requires for

its own protection or on account of any statute, rule, or regulation shall be its own responsibility, and shall be provided at

Contractor’s own expense.

29.4 The carrying of insurance required by this Contract shall not be interpreted as relieving the Contractor of any other

responsibility or liability under this Contract or any applicable law, statute, rule, regulation, or order.

30. STANDARD OF CARE: The services of Contractor and its subcontractors and subconsultants at any tier, if any, shall be

performed in accordance with the standard of care exercised by licensed members of their respective professions having

substantial experience providing similar services which similarities include the type, magnitude and complexity of the services that

are the subject of this Contract. The Contractor shall be liable to the City of Logan for claims, liabilities, additional burdens,

penalties, damages or third party claims (i.e. another Contractor’s claim against the City of Logan), to the extent caused by

wrongful acts, errors or omissions that do not meet this standard of care.

31. CITY OF LOGAN REVIEWS, LIMITATIONS: The right of the City of Logan to perform plan checks, plan reviews, other

reviews and/or comment upon the services of the Contractor, as well as any approval by the City of Logan, shall not be construed

as relieving the Contractor from its professional and legal responsibility for services required under this Contract. No review by

the City of Logan or any entity/user, approval or acceptance, or payment for any of the services required under this Contract shall

be construed to operate as a waiver by the City of Logan of any right under this Contract or of any cause of action arising out of

the performance or nonperformance of this Contract, and the Contractor shall be and remain liable to the City of Logan in

accordance with applicable law for all damages to the City of Logan caused by the wrongful acts, errors and/or omissions of the

Contractor or its subcontractors or subconsultants at any tier, if any.

32. NONAPPROPRIATION OF FUNDS: The Contractor acknowledges that the City of Logan cannot contract for the payment of

funds not yet appropriated by the City Council. If the Council does not appropriate funds for paying the City of Logan’s

obligations on this Contract, or if funding to the City of Logan is reduced due to an order by the Mayor, or is required by State

law, or if Federal funding (when applicable) is not provided, the City of Logan may terminate this Contract or proportionately

reduce the services and purchase obligations and the amount due from the City of Logan upon 30 days written notice to

Contractor. If this Contract is terminated, or services and purchase obligations are reduced due to nonappropriation of funds or

reduction in funding, as described in the preceding sentence, the City of Logan will pay Contractor for services properly

performed, and will reimburse Contractor for expenses incurred, as authorized under this Contract, through the date of

cancellation or reduction, and this payment shall be Contractor’s sole remedy, and the City of Logan will not be liable for any

future commitments, penalties, or liquidated damages.

33. SALES TAX EXEMPTION: The City of Logan’s sales and use tax exemption number is 12238772-002-STC. The tangible

personal property or services being purchased are being paid from City of Logan funds and used in the exercise of that entity’s

essential functions.

34. PUBLIC INFORMATION: Contractor agrees that this Contract, related sales orders, and invoices shall be public documents,

and shall be available for distribution. Contractor gives the City of Logan express permission to make copies of this Contract,

related sales orders, and invoices in accordance with the State of Utah Government Records Access and Management Act

7

(GRAMA). Contractor also agrees that the Contractor’s response to the solicitation, if applicable, will be a public document, and

copies may be given to the public under GRAMA laws. This permission to make copies as noted will take precedence over any

statements of confidentiality, proprietary information, copyright information, or similar notation.

35. PATENTS, COPYRIGHTS, ETC.: The Contractor will release, indemnify and hold the City of Logan, its officers, agents and

employees harmless from liability of any kind or nature, including the Contractor's use of any copyrighted or un-copyrighted

composition, secret process, patented or un-patented invention, article or appliance furnished or used in the performance of this

Contract.

36. ASSIGNMENT/SUBCONTRACT: Contractor will not assign, sell, transfer, subcontract or sublet rights, or delegate

responsibilities under this Contract, in whole or in part, without the prior written approval of the City of Logan.

37. DEFAULT AND REMEDIES:

37.1 Any of the following events will constitute cause for the City of Logan to declare Contractor in default of this Contract:

(1) Nonperformance of contractual requirements; or

(2) A material breach of any term or condition of this Contract.

37.2 Should Contractor be in default under any of the provisions under Subsection 32.1 above, the City of Logan will issue a

written notice of default providing a ten (10) day period in which Contractor will have an opportunity to cure. Time allowed for

cure will not diminish or eliminate Contractor's liability for damages. If the default remains after Contractor has been provided the

opportunity to cure, the City of Logan may do one or more of the following: (1) Exercise any remedy provided by law; (2)

Terminate this Contract and any related contracts or portions thereof; (3) Impose liquidated damages, if liquidated damages are

listed in the Contract; or (4) Suspend Contractor from receiving future solicitations.

38. FORCE MAJEURE: Neither party to this Contract will be held responsible for delay or default caused by fire, riot, acts of God

and/or war which is beyond that party's reasonable control. The City of Logan may terminate this Contract after determining such

delay or default will reasonably prevent successful performance of this Contract.

39. PROCUREMENT ETHICS: The Contractor understands that a person who is interested in any way in the sale of any supplies,

services, construction, or insurance to the City of Logan is violating the law if the person gives or offers to give any compensation,

gratuity, contribution, loan or reward, or any promise thereof to any person acting as a procurement officer on behalf of the City of

Logan, or who in any official capacity participates in the procurement of such supplies, services, construction, or insurance,

whether it is given for their own use or for the use or benefit of any other person or organization.

40. CONFLICT OF TERMS: In order for any terms and conditions of the Contractor to apply to this Contract, they must be in

writing and attached to this Contract. No other terms and conditions of the Contractor will apply to this Contract, including terms

listed or referenced on a Contractor’s website, terms listed in a Contractor quotation/sales order, etc.

41. ENTIRE CONTRACT: This Contract including all attachments and documents incorporated hereunder, and the related City of

Logan solicitation documents, if any, constitutes the entire Contract between the parties with respect to the subject matter, and

supersedes any and all other prior and contemporaneous agreements and understandings between the parties, whether oral or

written. The terms of this Contract shall supersede any additional or conflicting terms or provisions that may be set forth or

printed on the Contractor’s work plans, cost estimate forms, receiving tickets, invoices, or any other related standard forms or

documents of the Contractor that may subsequently be used to implement, record, or invoice services hereunder from time to time,

even if such standard forms or documents have been signed or initialed by a representative of the City of Logan. The parties agree

that the terms of this Contract shall prevail in any dispute between the terms of this Contract and the terms printed on any such

standard forms or documents, and such standard forms or documents shall not be considered written amendments of this Contract.

42. DISPUTE RESOLUTION: In the event of any dispute under this Contract prior to any filing in any judicial proceedings, the

parties agree to participate in good faith in the mediation of the dispute. The City of Logan, after consultation with the Contractor,

may appoint an expert or panel of experts to assist in the resolution of the dispute. If the City of Logan appoints such an expert or

panel, City of Logan and Contractor agree to cooperate in good faith in providing information and documents to the expert or

panel in an effort to resolve the dispute.

43. ATTACHMENTS: The following documents, whether attached hereto or not, are hereby incorporated by reference and made a

part of this Contract, as if set forth herein in full:

Attachment A: Preconstruction Services Scope of Work

Attachment B: Insurance Requirements

8

Attachment C: Prevailing Wage Rates for Cache County

OWNER: CONTRACTOR:

City of Logan

By: By:

Attest: Attest:

Address for giving notices: Address for giving notices:

290 North 100 West

Logan UT 84321

END OF DOCUMENT

9

Attachment A Preconstruction Services Scope of Work

10

Attachment B Insurance Requirements

CITY OF LOGANINSURANCE AND BOND REQUIREMENTS

FOR: Logan Regional Wastewater Treatment Plant Construction October 2017

The Contracting party shall procure and maintain for the duration of the contract insurance and bonds against claims or liability which arises out of or in connection with the performance of the work hereunder by the Contracting party, his agents, representatives, employees or subcontractors. The cost of such insurance and bonds shall be included in the Contracting party's bid or proposal.

A. MINIMUM LIMITS OF INSURANCE

Contracting party shall maintain limits not less than:

1. GENERAL LIABILITY: $4,000,000 combined single limit per occurrence, personalinjury and property damage, $5,000,000 aggregate. Broad Form Commercial General Liability is required. (ISO 1993 or better) to include Products - Comp/OP aggregate of $5,000,000. Limits to apply to this project individually.

2. PROFESSIONAL LIABILITY: Not applicable to this project.

3. AUTOMOBILE LIABILITY: $2,000,000 per occurrence. "Any Auto" coverage isrequired.

4. WORKERS' COMPENSATION and EMPLOYERS LIABILITY: Workers'Compensation statutory limits as required by the Workers Compensation Act of the State of Utah and Employers Liability limits at a minimum of $100,000 per occurrence.

5. PAYMENT and PERFORMANCE BONDS: Contracting party shall provide paymentand performance bonds in a form acceptable to the City and in the full amount of the contract.

B. DEDUCTIBLES AND SELF-INSURED RETENTIONS

Any deductibles or self-insured retention exceeding 5% of the policy limits must be declared to and approved by Logan City. At the option of Logan City, either (1) the insurer may be required to reduce or eliminate such deductibles or self-insured retention as respects Logan City, its officers, officials and employees; or (2) the Contracting party may be required to procure a bond guaranteeing payment of losses and related investigations, claim distribution and defense expenses.

C. NOTICE OF INCIDENT OR ACCIDENT

Contracting party shall agree to promptly disclose to Logan City, all incidents or occurrences of accident, injury, and/or property damage covered by the insurance policy or policies.

D. OTHER INSURANCE PROVISIONS

The policies are to contain, or be endorsed to contain, the following provisions:

I. General Liability and Automobile Liability Coverages

A. Logan City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the contracting party; products and completed operations of the Contracting party; premises owned, leased, hired or borrowed by the Contracting party. The coverage shall contain no special limitations on the scope of protection afforded to Logan City, its officers, officials, employees or volunteers.

B. The Contracting party's insurance coverage shall be a primary insurance as respects to Logan City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by Logan City, its officers, officials, employees or volunteers shall be in excess of the Contracting party's insurance and shall not contribute with it.

C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to Logan City, its officers, officials, employees or volunteers.

D. The Contracting party's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability.

E. ACCEPTABILITY OF INSURERS

Insurance and bonds are to be placed with insurers admitted in the State of Utah with an A. M. Best rating of not less than A-: IX, and in the limits as listed in this document, unless approved by the City’s Risk Manager, or his designee, a minimum of five (5) business days before bid or proposal deadline.

F. VERIFICATION OF COVERAGE

Contracting party shall furnish Logan City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms acceptable to Logan City before work commences. Logan City reserves the right to require complete, certified copies of all required insurance policies, with all endorsements, at any time.

G. SUBCONTRACTORS

Contracting party shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

11

Attachment C Prevailing Wage Rates for Cache County




October 13, 2017

Attachment E

CM/GC Construction Contract

CONTRACT FOR CONSTRUCTION

This Contract is by and between The City of Logan (hereinafter called the OWNER)

and (hereinafter called CM/GC)

OWNER and CM/GC, in consideration of the mutual covenants hereinafter set forth, agree as

follows:

ARTICLE 1 – THE PROJECT

1.01 The Project for which the Work under the Contract Documents shall apply is generally

described as follows:

A. The construction of the Logan Regional Wastewater Treatment Facility (LRWWTF) that

will be a new 18 million gallon per day (mgd) treatment facility that will replace the

existing lagoon treatment system. The lagoons must remain in operation during the

construction of the new treatment facility.

B. The 18 mgd LRWWTF will include a new pump station located at the headworks (Process

Area 10) of the existing lagoons. Wastewater will be pumped approximately 1 mile to the

new treatment plant site located on the south side of the lagoons.

C. The facilities to be constructed on the new site include but are not limited to the following:

1. A new Headworks with screening and grit removal (Process Area 20).

2. Three new Bioreactors (Process Area 40).

3. Four new Clarifiers (Process Area 50).

4. New UV Disinfection Building (Process Area 60).

5. Return Activated Sludge (RAS) Building with BioMag feed/recovery (Process Area

70).

6. New Dewatering Building (Process Area 80).

7. New Solids Holding Tank (Process Area 85).

8. New Operations Building (Process Area 90).

9. Bioreactor Electrical Building (Process Area 96).

10. Generator Switchgear Building (Process Area 98).

D. The project includes excavation, grading, paving, yard piping, mechanical, electrical,

instrumentation and controls, and other ancillary items to make a complete and functioning

wastewater treatment plant.

ARTICLE 2 – WORK

2.01 CM/GC shall complete all Work as specified or indicated in the Contract Documents for

completion of the project. The CM/GC will work collaboratively and proactively with the

Owner and Engineer in a manner which supports the Owner's efforts to keep costs within the

Owner's budget. The CM/GC shall provide Construction Management (CM) services

throughout the Project, from contract execution through construction and shall closely

coordinate such work with the Owner. The CM/GC shall provide CM services, including but

not limited to: a) assistance in identifying safe work practices and requirements for

construction; b) assessing and recommending site logistics requirements; c) recommending

phasing, sequencing of work and construction scheduling; d) providing cost-estimating as

needed to support changes to the Work; e) assessing alternative construction options for cost

savings; g) identifying products for Value Engineering (VE) and engineering systems for life-

cycle cost considerations and recommending all work necessary to support their

implementation. These services were included as part of the Preconstruction Services Contract

and shall continue during construction. In addition, the CM/GC shall work with local labor and

subcontracting markets to generate viable and competitive pricing through effective packaging

of subcontract bid opportunities and reaching out to subcontractors encouraging them to bid.

The CM/GC shall provide full general contracting services for construction of the Project in

accordance with the requirements of the Contract Documents, except to the extent work is

specifically indicated in the Contract Documents to be the responsibility of others.

2.02 Prior to execution of this Contract, the Parties entered into a Preconstruction Services Contract.

This Contract shall not include those activities included in the Preconstruction Services

Contract. Any compensation paid under the Preconstruction Services Contract shall be paid in

accordance with that Contract.

2.03 During construction, the CM/GC shall provide all services required of a general contractor and

construction manager to execute the Work. Some details of CM/GC's work are provided below

but this list shall in no way limit the CM/GC's overall duty to provide CM/GC services.

A. Meetings and Tours: The CM/GC shall conduct weekly Construction Progress Meetings

and provide all schedules, logs and other information of construction activities to support

the meeting. The Owner will record and distribute meeting minutes for those meetings. The

CM/GC shall also conduct separate weekly safety and Subcontractor meeting(s) and

maintain minutes for those meetings. Upon advanced notice, the CM/GC shall conduct site

tours for the Owner and other officials as required.

B. Superintendence/Coordination: The CM/GC shall be responsible for superintendence,

providing ongoing coordination between crafts, job site safety, housekeeping, quality

control, settling disputes between Subcontractors, negotiating any Change Orders with the

Subcontractors (Owner expects the CM/GC to negotiate with Subcontractors but reserves

the right to reject any Subcontractor proposal), negotiating Change Orders with the Owner,

reviewing, coordinating and forwarding submittals, substitution requests, and Requests for

Information (RFIs) to the Owner's Representative for action, and for managing efforts

required for any procurement activities that arise from a Subcontractor's inability or

unwillingness to perform.

C. Planning and Layout: The CM/GC shall be responsible for the planning and layout of the

Work, and for the coordination of layout work provided by separate trades for their own

work, to insure that no conflict exists with the work of other trades.

D. Staffing: The CM/GC shall provide sufficient staff of project managers, project engineers,

superintendents, surveyors, Health and Safety Officers, QC representatives, testing

engineers, scheduling engineers, cost engineers, clerical and accounting personnel, etc., to

ensure that:

1. The work is executed in accordance with the CM/GC's schedule and plan developed

during preconstruction and negotiation of the GMP.

2. Submittals are reviewed for completeness and forwarded to the Owner's Representative

within five (5) days of receipt.

3. RFIs are reviewed and forwarded to the Owner's Representative as expeditiously as

possible to not cause delay to the Project.

4. Replies to correspondence from Subcontractor, Owner, and other outside agencies are

provided within seven (7) calendar days.

5. Change Order Proposals are submitted to the Owner within fifteen (15) calendar days of

the receipt by the CM/GC of the Subcontractor's proposal; only changes negotiated

between CM/GC and Subcontractor are acceptable.

6. For a minimum of ninety (90) calendar days after Substantial Completion or until Final

Completion is achieved, whichever is later, provide adequate qualified on-site staff that

is authorized to act on behalf of the CM/GC to coordinate and insure that any

outstanding work items, punch lists, testing and commissioning are completed, at no

additional cost to the Owner.

7. All requirements of the Contract Documents are satisfied.

E. Inspections: Special inspections required by the appropriate building officials and

regulatory agencies will be provided by the Owner per Division 01 of the Specifications.

The CM/GC shall be responsible to ensure that the Owner's inspectors are given notice and

are afforded timely and appropriate access to the Work to make their inspections.

F. Permits: Refer to General Conditions Article 7.08.

G. Certificate of Occupancy: The CM/GC shall obtain the Certificate of Occupancy necessary

for the Owner to take beneficial occupancy of the Project site or any partially completed

portion of the Project site. The coordination for obtaining the Certificate of Occupancy is a

Specified General Condition Cost.

ARTICLE 3 – RELATIONSHIP OF THE PARTIES

3.01 General:

A. The CM/GC accepts the relationship of trust and confidence established by this Contract

and covenants with the Owner to cooperate with the Owner and Engineer through every

Phase of the Work and utilize the CM/GC's best skill, efforts and judgment in furthering

the interests of the Owner; to furnish efficient business administration and supervision;

to make best efforts to furnish at all times an adequate supply of workers and materials;

and to perform the Work in the best way and most expeditious and economical manner

consistent with the interests of the Owner. The CM/GC recognizes that the Owner has a

separate agreement with the Engineer to design the Project and to provide certain

construction administration services necessary to ensure that the construction is in

accordance with the Contract Documents. The CM/GC further recognizes that in order

for the Project to be completed on time and within budget the CM/GC and the Engineer

and the Owner will have to closely cooperate on a regular basis to revise plans,

Drawings, Specifications, materials, methods, estimates, schedules, and budgets as

necessary to meet the Owner's financial constraints.

3.02 Partnering:

A. The Owner and CM/GC agree to utilize the "partnering" concept for this Project.

Partnering emphasizes a cooperative approach to problem solving involving all key

parties to the Project: Owner, Engineer, CM/GC and principal Subcontractors.

B. One workshop to define partnering relationships will be scheduled not to exceed one day

or as mutually agreed. The Owner, Engineer, CM/GC, and principal Subcontractors

when known, shall participate in a partnering session. Principal Subcontractors should

include: electrical, mechanical, and others as the CM/GC and Owner jointly agree are

appropriate. The purpose of the partnering workshop shall be:

1. To establish mutual understanding of partnering concepts;

2 To develop the mission statement and goals for the Project for all parties;

3 To develop a process so that critical issues can be quickly resolved.

C. The Owner shall be responsible for arranging for and providing the facilities, facilitator,

and any materials for the workshop. The CM/GC shall pay one-third (1/3) of the costs for

the facilitator and facilities not-to-exceed Two Thousand Dollars ($2,000.00), as a

Specified General Conditions cost. The CM/GC shall ensure that key Project personnel

attend and participate in the workshop. The cost of attendance at the workshop by the

CM/GC's key personnel shall be a Specified General Conditions cost.

D. At the conclusion of the workshop, it is anticipated that a definitive working arrangement

for partnering will be agreed upon and committed to in writing by the participants. Parties

may withdraw from the partnering arrangement upon written notice to the others. Should

the partnering arrangement be terminated, claims or disputes settled or changes approved

during the existence of the partnering arrangement shall not be affected.

ARTICLE 4 – ENGINEER

4.01 The ENGINEER, unless otherwise indicated in the Contract Documents, shall be Carollo

Engineers.

ARTICLE 5 – CONTRACT TIMES

5.01 Time of the Essence:

A. All time limits for Milestones, if any, Substantial Completion, and completion and

readiness for final payment as stated in the Contract Documents are of the essence of the

Contract.

5.02 Date of Commencement:

A. The date of commencement for the work included herein shall be by a Notice to Proceed

letter to the CM/GC specifying the authorized work. Any work performed prior to issuance

of the Notice to Proceed shall be at the CM/GC's sole risk and expense.

5.03 Dates for Substantial Completion and Final Payment:

A. The Work will be substantially completed on or before October 31, 2021 and Final

Completion no later than 90 days following Substantial Completion and ready for final

payment in accordance with the General Conditions.

5.04 Liquidated Damages:

A. CM/GC and OWNER recognize that time is of the essence of this Agreement and the

OWNER will suffer financial loss if the Work is not completed within the times specified

in paragraph 5.03, plus any extensions thereof allowed in accordance with the General

Conditions. The parties also recognize that it will be impracticable to determine actual

damages which OWNER will sustain in the event of or by reason of the delay.

Accordingly, instead of requiring any such proof, OWNER and CM/GC agree that as

liquidated damages for delay (but not as a penalty) CM/GC shall pay OWNER $1,000.00

for each day that expires after the specified time in paragraph 5.03 for substantial

completion until the Work is substantially complete. After substantial completion, if

CM/GC shall neglect, refuse, or fail to complete the remaining Work within the contract

time or any proper extension thereof granted by OWNER, CM/GC shall pay OWNER

$1,000.00 for each day that expires after the time specified in paragraph 5.03 for

completion and readiness for the final payment until the Work is completed and ready for

final payment. It is further agreed that the amount stipulated for liquidated damages per

day of delay is a reasonable estimate of the damages that would be sustained by OWNER,

and CM/GC agrees to pay such liquidated damages as herein provided. In case the

liquidated damages are not paid, CM/GC agrees that OWNER may deduct the amount

thereof from any money due or that may become due to CM/GC by progress payments or

otherwise under the Agreement, or if said amount is not sufficient, recover the total

amount.

ARTICLE 6 – CONTRACT PRICE

6.01 OWNER shall pay CM/GC for completion of the Work in accordance with the Contract

Documents an amount in current funds equal to the sum of the amounts determined below:

Percent Fee of the GMP (_____%) $__________________________

Fixed Amount for Specified General Conditions $__________________________

Guaranteed Maximum Price (GMP) $__________________________

Total for Subcontract Costs: $________________

Negotiated Support Services $________________

Risk Contingency Account: $________________

Total Contract Cost (TCC):

$

(use words) (use figures)

6.02 If the Work cannot be completed for the agreed Guaranteed Maximum Price (GMP), excepting

increases due to Owner directed changes, regulatory changes, design errors or omissions, or

unforeseen site conditions, any and all additional costs shall be the sole responsibility of the

CM/GC and CM/GC hereby assumes liability for such costs without reimbursement by the

Owner.

6.03 The GMP, as part of the Total Contract Cost (TCC), has been mutually negotiated and agreed to

by the Parties. The CM/GC agrees that the Project is adequately defined, that Construction

Documents are complete, and has determined that the Project is sufficiently clear and

understandable for the CM/GC to agree to the TCC in this Contract.

6.04 The Total Contract Cost was determined in part through a negotiation of the GMP conducted

prior to execution of this Contract. The CM/GC will not be reimbursed for GMP negotiations

work.

6.05 The CM/GC shall be responsible for: a.) all costs related to Subcontractor claims or charges that

result from mistakes or omissions in the subcontract buyout; b.) coordination errors and

coordination omissions related to the shop drawings and submittals defined in Division 01 of

the specifications, c.) interference between Subcontractor and the CM/GC; and d.) interference

between Subcontractors and other Subcontractors.

6.06 A Risk Contingency Account has been established in the amount of 2.5% of the Total for

Subcontract Costs. The Risk Contingency Account is included in the GMP. The CM/GC may

utilize the Risk Contingency Account established herein to pay for coordination items for which

it is responsible, as defined in Section 6.05 herein, except that the CM/GC may not use the Risk

Contingency Account for items that are defined as Percent Fee or as Specified General

Conditions. The CM/GC's use of the Risk Contingency Account must be approved in writing in

advance by the Owner. The CM/GC shall provide the Owner monthly updates on the use of the

Risk Contingency Account. Any funds remaining in the Risk Contingency Account shall be

returned to the Owner with the corresponding Percent Fee.

6.07 As part of the GMP negotiations the CM/GC has provided a complete cost estimate dated

_________________________. This estimate is incorporated herein by reference as part of this

Contract as though fully included herein.

6.08 The costs for items identified as Negotiated Support Services are included in the GMP and

specifically identified as the Negotiated Support Services costs to be reimbursed by the Owner

on a direct cost basis, based upon the schedule and duration identified in Section 5.03 herein,

and/or paid as a lump sum based upon the percent complete. A detailed breakdown of the

agreed upon Negotiated Support Services is included in the CM/GC's complete cost estimate.

The costs for management required to administer the Negotiated Support Services Work shall

be included in the Fixed Amount for Specified General Conditions.

6.09 Upon execution of this Contract, the CM/GC shall submit to the Owner a Subcontract Plan

developed under the Preconstruction Services Contract and during GMP negotiations preceding

the execution of this Contract, in a format satisfactory to the Owner, outlining the Subcontract

packages and procurement schedule for each package the CM/GC intends to prepare to execute

the Project. The Subcontract Plan shall include a statement regarding the work the CM/GC

intends to bid on to self-perform and an affidavit stipulating that such work is customarily

performed by the CM/GC.

6.10 Percent Fee and Specified General Conditions:

A. The CM/GC submitted a Percent Fee percentage and a Percent Fee dollar amount on the

Final Proposal Form based on the estimated GMP. The actual Percent Fee amount of the

GMP stated in Section 5.01 of this Contract is a set dollar amount calculated by

multiplying the proposed Percent Fee percentage by the actual negotiated GMP. The

Percent Fee amount shall be adjusted based on deductive or additive change orders by

multiplying the proposed fee percentage by the actual amount of the change order. The

Percent Fee shall cover the following:

1. All profit of the CM/GC for this Project.

2 All regional and home office overhead expenses, including labor and materials,

travel, phone, facsimile, postage, and other incidental office expenses attributed to

work on this Project that is not specifically identified in the Specified General

Conditions Work.

3 All overhead expenses of the CM/GC for participation in and the support of the

Subcontractor bidding process of the Project.

4 Other than retail sales tax, the fee shall cover all taxes owed by the CM/GC

including City and State taxes.

5 CM/GC's performance and payment bond.

6 CM/GC's expenses for providing insurance coverage required by the Contract

Documents.

B. This Contract identifies the dollar amount for the "Fixed Amount for Specified General

Conditions" Work. The Specified General Conditions Work shall consist of all

requirements of the Contract contained in the General Conditions, the CM/GC Contract,

and the Division 01 Specifications. Any cost that is not specifically identified elsewhere in

the Contract Documents shall be covered by the amount bid for Specified General

Conditions, unless otherwise identified in this Contract. Specified General Conditions

Work must be performed at the expense of the CM/GC and may not be made part of a

subcontract bid package except when so required by the Specifications.

6.11 CM/GC Cost Accounting:

A. Starting with the award of the first subcontract bid package, the CM/GC shall, in

accordance with directions given and formats developed by the Owner, provide Owner

with monthly reports, including but not limited to, showing expenditures on all

subcontract bid packages, all Contract changes, and all Negotiated Support Services costs

including forecast-to-Final Completion updates. CM/GC claims shall be accounted for

separately.

B. Prior to execution of this Contract by the Owner the CM/GC shall provide the Owner with

a separate Performance Bond and a separate Payment Bond, each in an amount equal to

the full amount of the Total Contract Cost, including applicable taxes, in a form and with a

surety acceptable to the Owner. The bonding company (surety) must have a current rating

of at least A-IX in A.M. Best's Key Rating Guide.

ARTICLE 7 – SUBCONTRACTING

7.01 Competitive Bidding Required: Other than the Specified General Conditions and Negotiated

Support Services work, all Work on the Project shall be competitively bid with public bid

openings. Subcontract work shall not be issued for bid until the CM/GC has completed the

requirements of Section 7.03 B. herein.

A. The CM/GC shall make every effort possible to secure at least three subcontract bids

for each package. If the CM/GC receives less than three bids, the Owner, at its

discretion, may request that the CM/GC re-bid the package at no additional cost to the

Owner or impact to the schedule. This applies to all subcontract bid packages

including the packages whereby the CM/GC decides to submit a bid.

7.02 Self-Performance by CM/GC: The CM/GC may bid on subcontract work and/or supply of

equipment and materials which it customarily performs or supplies. CM/GC's interest in the

Work shall not diminish its duty to aggressively seek competition for bid packages. In the

event the CM/GC will be bidding on subcontract work, the bid opening will be managed by

the Owner and notice of the CM/GC's intention to bid shall be included in the public

solicitation for bids for that bid package. In no event may the CM/GC or its subsidiaries

purchase equipment or materials and assign ownership and warranty of such equipment or

materials to Subcontractors, but may assign the equipment or materials to Subcontractors for

installation as part of a subcontract bid package.

A. The CM/GC must provide staff to superintend and manage subcontract packages it

undertakes that is separate and distinct from the staff involved in the management of

this Contract.

7.03 Subcontract Buyout Procedure:

A. Award to Low Bidder: When subcontract bid packages are awarded, they shall be

awarded to the eligible responsible bidder submitting the low responsive bid.

B. Updated Subcontract Plan and Other Requirements: Before soliciting subcontract bids

the CM/GC shall submit, for review and approval by the Owner: a.) an updated

Subcontract Plan outlining the subcontract packages with bid package estimates and a

procurement schedule for each package; b.) bidding instructions; c.) standard

Subcontractor agreements; and d.) a project schedule updated from the Final

Construction Baseline Schedule required by the separate Preconstruction Services

Contract.

1. No "Allowances" shall be included in the Subcontractor bid documents if not

specifically included in the negotiated GMP or without prior approval of the

Owner. Denial or approval of any allowance shall not result in a change in the

GMP. If the Owner agrees an allowance is appropriate within a subcontract bid

package, the following procedures will be implemented:

a. CM/GC will provide a schedule of Allowances in the subcontract bid

package.

b. Allowances will be tracked by CM/GC on a Time & Materials (T&M)

basis and shown on the Schedule of Values as a discrete line item for

each appropriate Subcontractor.

c. A deductive Change Order will be issued at the end of the Project for

any remaining Allowances not spent, plus the corresponding Percent

Fee amount.

C. Bid Documents Reproduction Costs. Reproduction of bid sets as required for subcontract

bidding and for printing conformed documents to provide a consolidated set of drawings

and specifications due to phased permitting and partial Contract Document issuance shall

be included and identified in Negotiated Support Services.

D. Bidding: The CM/GC shall bid out subcontracts in accordance with its approved updated

Subcontract Plan. During subcontract buyout, the CM/GC may request a change in its

Subcontract Plan, and the Owner will not unreasonably withhold approval, provided the

sum of all final bid package estimates in the Subcontract Plan, as revised, does not exceed

the GMP.

E. Negotiations: If the low responsive bid for a particular bid package is greater than the bid

package estimate, then the CM/GC may negotiate an adjustment to that bid based upon

agreed changes to the subcontract package between the Owner and CM/GC to bring the

bid within the amount of the bid package estimate, which, for purposes of this Contract,

shall be considered to be the "Available Funds." All time delays and costs, including

Engineer costs associated with the negotiations and/or changes to the Contract Documents

shall be the responsibility of the CM/GC.

F. Award or Rebid: If the CM/GC chooses not to negotiate under the provisions of Section

7.03 E above, the CM/GC shall award the bid package to the responsible bidder

submitting the low responsive bid at no additional cost to the Owner. Provided unusual

circumstances exist, CM/GC may request and Owner, at its sole option may agree to a

change in the scope of the work for the bid package. The CM/GC may then rebid, but all

time delays, including construction schedule impacts, and costs to rebid, including

reproduction costs and any Engineer costs to the Owner associated with changes to the

Contract Documents, shall be the responsibility of the CM/GC and the GMP shall not be

changed.

G. Bid Protest: CM/GC shall be responsible for reviewing and responding to bid protests and

shall be responsible for all risks and damages in the event of a bid protest, except in the

event that the CM/GC is submitting a bid to self-perform the work.

H. Savings: If the CM/GC is successful in awarding contracts for all of its subcontracts in its

approved updated Subcontract Plan in an amount less than the negotiated GMP, any

remaining savings will be shared with the CM/GC at a ratio of 50 percent Owner,

50 percent CM/GC.

I. Subcontractor Non-Performance. If any Subcontractor to whom a bid package has been

awarded is unable to perform for whatever reason, the CM/GC, with the Owner's

approval, shall have the option to either rebid or negotiate for the performance of the

work, or perform the work itself. The CM/GC shall bear all risk and/or be responsible for

cost overruns occasioned by a Subcontractor's inability to perform.

J. Owner-Furnished Equipment. The CM/GC shall perform all work required to subcontract

the installation of Owner Furnished CM/GC equipment.

7.04 Pre-bid Determination of Subcontractor Eligibility. When in the best interest of the Project and

critical to the successful completion of a subcontractor bid package the Owner and CM/GC may

determine Subcontractor eligibility to bid. Subcontract bid packages shall be awarded to the

responsible eligible bidder submitting the low responsive bid.

7.05 Subcontractor Bid Packages. The CM/GC may with approval by the Owner: a.) organize and

solicit bids for the subcontract work in whatever combinations or packages it chooses; b.) use

any Allowances except as provided in Section 7.03 B herein; and c.) use any Alternates in

subcontract bid packages when such Alternates were specified in the GMP.

A. CM/GC shall submit: a) a draft and final bid package specific scope of work, and; b)

Bid Forms for each subcontract package for Owner's review prior to bidding. Changes

to the final bid package documents shall not occur without Owner's approval.

7.06 Cost of Subcontracting Process. As part of the Specified General Conditions Work the

CM/GC shall be responsible for all costs associated with the subcontracting process including,

but not necessarily limited to:

A. Developing solicitations for subcontract packages.

B. Pre-qualification and subcontract procurement.

C. Site tours.

D. Responding to questions from bidders.

E. Providing bid opening facility.

F. Bidding in accordance with the requirements of this Section.

G. Subcontract award.

7.07 Solicitations of Subcontractors. Solicitations of Subcontractors by the CM/GC shall be made

in accordance with the following procedures:

A. A representative from the Owner will be present at each bid opening to observe the

procedure. In the event the CM/GC is bidding on a subcontract package, the Owner

will receive the bids and conduct the bid opening.

B. Solicitations for bids will be advertised in advance in the Herald Journal of Logan, and

the Salt Lake Tribune of Salt Lake City.

C. Bidders may obtain the bid results by telephone from the CM/GC. All such calls will

be referred to the CM/GC.

D. Responsiveness requirements, responsibility criteria, and bidding procedures will be

described in each bid solicitation and, will be reviewed with the Owner prior to each

bid opening.

7.08 Subcontractor Bonding. For subcontract bid packages, the CM/GC shall require a bid bond in

the amount of 5% of the amount bid from Subcontractors who bid. The CM/GC shall require a

performance and payment bond from all Subcontractors who are awarded a contract over

$15,000, in the amount of the subcontract. The CM/GC acknowledges that all costs of

subcontractor bonding are included in the negotiated GMP in Section 6.01 of this Contract.

7.09 Subcontract Agreements. Subcontract agreements used by the CM/GC shall be in compliance

with all of the applicable provisions of this Contract.

ARTICLE 8 – PAYMENT PROCEDURES

8.01 Submittal and Processing of Payments:

A. CM/GC shall submit Applications of Payment in accordance with the General Conditions.

Applications for Payment will be processed by OWNER as provided in the General Conditions.

8.02 Progress Payments; Retainage:

A. OWNER shall make progress payments on account of the Contract Price on the basis of

CM/GC’s Applications for Payment once each month during performance of the Work as

provided in paragraphs 8.02.A.1 and 8.02.A.s below. All payments will be made based on the

percentage of job completion, and will be verified by Engineer prior to invoicing:

1. Prior to Substantial Completion, progress payments will be made in an amount equal

to the percentage indicated below but, in each case, less the aggregate of payments

previously made and less such amounts as OWNER may withhold, in accordance with

the General Conditions:

a. The OWNER will pay the CM/GC a progress payment on the basis of the

approved partial payment estimate submitted by the CM/GC and verified by

the OWNER, including any approved Change Orders, but will not hold

retainage.

2. Upon Substantial Completion of the project, the OWNER will pay to 95 percent of the

revised contract amount including any approved Change Orders.

8.03 Final Payment

A. When all items on any generated ‘Punch’ or Completion List have been completed, the

OWNER will pay the remaining 5 percent of the revised contract amount within 30 days of

notification to the OWNER in writing by the CM/GC that all items have been completed.

The OWNER shall verify that all items have been completed before final payment is made.

ARTICLE 9 – INTEREST

9.01 All moneys not paid when due as provided in the General Conditions shall bear interest at the

same rate that OWNER’s funds accrue interest in the State’s treasury account.

ARTICLE 10 – CM/GC’S REPRESENTATIONS

10.01 In order to induce OWNER to enter into this Agreement, CM/GC makes the following

representations:

A. CM/GC has examined and carefully studied the Contract Documents and the other related

data identified in the Bidding Documents.

B. CM/GC has visited the site and become familiar with and is satisfied as to the general,

local, and Site conditions that may affect the cost, progress, and performance of the Work.

C. CM/GC is familiar with and is satisfied as to all federal, state, and local Laws and

Regulations that may affect cost, progress, and performance of the Work.

D. CM/GC has carefully studied all: (1) reports of explorations and tests of subsurface

conditions at or contiguous to the Site and all drawings of physical conditions in or

relating to existing surface or subsurface structures at or contiguous to the Site (except

Underground Facilities) which have been identified in the Supplementary Conditions as

provided in the General Conditions and (2) reports and drawings of a Hazardous

Environmental Condition, if any, at the Site which is identified in the Supplementary

Conditions as provided in the General Conditions..

E. CM/GC has obtained and carefully studied (or assumes responsibility for having done so)

all additional or supplementary examinations, investigations, explorations, tests, studies,

and data concerning conditions (surface, subsurface, and Underground Facilities) at or

contiguous to the Site which may affect cost, progress, or performance of the Work or

which relate to any aspect of the means, methods, techniques, sequences, and procedures

of construction to be employed by CM/GC, including applying the specific means

methods, techniques, sequences, and procedures of construction, if any, expressly required

by the Contract Documents to be employed by CM/GC, and safety precautions and

programs incident thereto.

F. CM/GC does not consider that any further examinations, investigations, explorations,

tests, studies or data are necessary for the performance of the Work at the Contract Price,

within the Contract Times, and in accordance with the other terms and conditions of the

Contract Documents.

G. CM/GC is aware of the general nature of work to be performed by OWNER and others at

the Site that relates to the Work as indicated in the Contract Documents.

H. CM/GC has correlated the information known to CM/GC, information and observations

obtained from visits to the Site, reports and drawings identified in the Contract

Documents, and all additional examinations, investigations, explorations, tests, studies,

and data with the Contract Documents.

I. CM/GC has given OWNER written notice of all conflicts, errors, ambiguities, or

discrepancies that CM/GC has discovered in the Contract Documents, and the written

resolution thereof by OWNER is acceptable to CM/GC.

J. CM/GC agrees to register and participate in the Status Verification System to verify the

work eligibility status of the CM/GC's new employees that are employed in the state as set

forth in Utah Code Section 63G-11-103. Each contractor or subcontractor who works

under or for another contractor shall certify to the main contractor by affidavit that the

contractor or subcontractor has verified through the Status Verification System the

employment status of each new employee of the respective contractor or subcontractor.

K. The Contract Documents are generally sufficient to indicate and convey understanding of

all terms and conditions of performance and furnishing of the work.

ARTICLE 11 – CONTRACT DOCUMENTS

11.01 Contents:

A. The Contract Documents consist of the following:

1. Bid Bond

2. This CM/GC Agreement

3. Performance Bond

4. Payment Bond

5. General Conditions, Division 0700 of the Specifications

6. Special Provisions, Division 0800 of the Specifications

7. Construction Drawings, dated _____________

8. Specifications, dated _____________

9. CM/GC’s final proposal to the City’s Request for Proposal with the CM/GC’s

proposed prices for the Percent Fee and Fixed Amount for Specified General

Conditions Work

10. Addenda (numbers to , inclusive)

11. Insurance and Bond Requirements

12. Exhibits to this Agreement (enumerated as follows):

a. Schedule of Values

b. Schedule of Project Completion

c. Certificate of Insurance, approved by OWNER’s Risk Management Division

14. The following which may be delivered or issued on or after the Effective Date of

the Agreement and are not attached hereto:

a. Notice to Proceed

b. Written Amendments

c. Change Orders

d. Field Orders

B. There are no Contract Documents other than those listed above in this Article 11.

C. The Contract Documents may only be amended, modified or supplemented as provided in

the General Conditions.

ARTICLE 12 – MISCELLANEOUS

12.01 Terms:

Terms used in this Agreement will have the meanings indicated in the General Conditions

12.02 Assignment of Contract:

No assignment by a party hereto of any rights under or interests in the Contract will be

binding on another party hereto without the consent of the party sought to be bound; and

specifically but without limitation, moneys that may become due and moneys that are due

may not be assigned without such consent (except to the extent that the effect of this

restriction may be limited by law), and unless specifically stated to the contrary in any

written consent to an assignment, no assignment will release or discharge the assignor from

any duty or responsibility under the Contract Documents.

12.03 Successors and Assigns:

OWNER and CM/GC each binds itself, its partners, successors, assigns, and legal

representatives to the other party thereto, its partners, successors assign and legal

representatives in respect to all covenants, agreements, and obligations contained in the

Contract Documents.

12.04 Termination for OWNER’s Convenience:

A. Upon ten (10) days’ written notice to CM/GC, Owner may, without cause and without

prejudice to any other right or remedy of Owner, terminate the Contract. In such case,

CM/GC shall be paid for (without duplication of any payment amounts or work items):

1. completed and acceptable Work executed prior to the effective date of termination,

in accordance with the payment provisions of the Contract Documents; provided,

however, that no completed work items shall be paid on a cost-plus basis;

2. reasonable expenses sustained prior to the effective date of termination in

performing services and furnishing labor, materials, or equipment as required by the

Contract Documents in connection with uncompleted Work or unacceptable Work (but

only those portions of the unacceptable Work that are acceptable and CM/GC shall not

be entitled to any compensation for any portions of the Work which are unacceptable),

plus fair and reasonable sums for overhead and profit on such expenses; provided,

however, that CM/GC shall not be entitled to additional compensation for Work items

paid under subparagraph 12.04 A.1. above;

3. costs incurred in settlement of terminated contracts with Subcontractors, Suppliers,

and others; provided, however, that CM/GC shall not be entitled to additional

compensation for Work items paid under subparagraphs 12.04 A.1. and 2. above; and

4. reasonable expenses directly attributable to termination; provided, however, that

CM/GC shall not be entitled to additional compensation for Work items paid under

subparagraphs 12.04 A. 1., 2. and 3. above.

B. CM/GC shall not be paid on account of loss of anticipated profits or revenue or other

economic loss arising out of or resulting from such termination. Termination under this

Subparagraph 12.04 shall not entitle CM/GC to compensation on a cost-plus basis except for

items paid under Subparagraph 12.04 A. 2. above.

C. This Article 12.04 shall amend the General Conditions, Document 00700 referenced in

Article 11.01 A.5. by replacing the “Owner May Terminate for Convenience” clause

contained in 16.03 therein.

12.05 Severability:

Any provision or part of the Contract Documents held to be void or unenforceable under

any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue

to be valid and binding upon OWNER and CM/GC, who agree that the Contract Documents

shall be reformed to replace such stricken provision of part thereof with a valid and

enforceable provision that comes as close as possible to expressing the intention of the

stricken provision.

12.06 Guarantee Period

The CM/GC agrees to indemnify and save harmless the OWNER from any and all defects

appearing or developing in the workmanship or materials performed or furnished under the

Contract for a period of one (1) year after the date of the written notice from the Engineer

recommending final acceptance of the entire project by the OWNER.

12.07 Audit

Owner shall have the right to audit. Upon request by Owner, CM/GC shall provide Owner full

access to all of CM/GC's data, records, accounts or materials relevant to the performance of

this Contract. CM/GC shall preserve all project records for a period not less than 6 years after

substantial completion, and shall direct all subcontractors and other agents to preserve their

records for this same period.

12.08 Builders Risk: The Owner shall provide Builder’s Risk Insurance per the General Conditions.

12.09 Sales Tax: The actual amount of sales tax to be paid to the CM/GC will be based on the then

current sales tax percentage applied to actual Total Contract Cost progress payments,

inclusive of approved change orders.

12.10 CM/GC agrees to provide all professional personnel necessary to perform the required

services under this CM/GC Contract including the individuals with the corresponding time

commitments who were named in the CM/GC's proposal submitted in response to the Owner's

Request for Proposals for CM/GC Services for the Project. These key personnel shall remain

assigned for the duration of the Project unless otherwise agreed to in writing by the Owner. In

the event the CM/GC proposes to substitute any of the key personnel, the individual(s)

proposed must demonstrate similar qualifications and experience as required to successfully

perform such duties. The Owner shall have the sole right to determine whether key personnel

proposed as substitutes are qualified to work on the Project. Owner shall not unreasonably

withhold approval of staff changes. The CM/GC will remove from the Project any personnel

assigned to the Project if, after the matter has been thoroughly considered by the Owner and

CM/GC, the Owner considers such removal necessary and in the best interest of the Project,

and the Owner so notifies the CM/GC in writing and allows a reasonable period of time for

the transition to different personnel.

12.11 Regulatory Compliance: The Owner can assess the CM/GC with any fines imposed by the

Utah Division of Water Quality, or any other regulatory agency. Assessment of fines is in

addition to any liquidated damages or other damages related to Contract performance,

regardless of time of occurrence.

12.12 Notices required in this Contract shall be in writing and either hand delivered during normal

business hours, or mailed with postage prepaid, to the following addresses, consistent with the

General Conditions:

City of Logan [CM/GC’s Business Name]

290 North 100 West [Address]

Logan, Utah 84321 [City, State, Zip]

Attn: _______________________ Attn:________________________________

IN WITNESS WHEREOF, OWNER and CM/GC HAVE SIGNED THIS Agreement in duplicate.

One counterpart each has been delivered to OWNER and CM/GC. All portions of the Contract

Documents have been signed or identified by OWNER and CM/GC or on their behalf.

This Agreement will be effective on , 20___.

OWNER: CM/GC:

By: By:

Attest: Attest:

Address for giving notices: Address for giving notices:

END OF DOCUMENT