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Jordan Tilley

61 South Main St
Farmington, UT 84025

(801) 451-3497

(000) 000-0000

Request for Proposals: CM/GC Services for Davis County Emergency Operations Center Funded with SLFRF.

EOC RFP

Davis County

Farmington, Davis County, UT

05/31/2023 at 17:00

I. Introduction. Davis County Government (the “County”) owns the Davis County Criminal Complex
located at 800 West State Street, Farmington, Utah (the “Facility”). The Facility is operated by
the Davis County Sheriff’s Office.

The County plans to build a new Emergency Operations Center (EOC) located at the Davis County
Correctional Facility (the “Project”). All work shall be performed in accordance with the most
recent specifications and construction guidelines in the construction of an emergency operations
center.

The County desires to contract with a licensed Construction Manager/General Contractor (“CM/GC”)
experienced in designing and constructing emergency operations centers, to commence and complete
the Project. Critical CM/GC responsibilities for the Project include coordination with Galloway &
Company of Utah, the County’s selected A/E (the “Architect”) for the planning and design of an
emergency operations center using design guidelines established by Farmington City, the governing
land use authority, and the County. Additionally, CM/GC will oversee construction of this facility
with an operational minimum lifecycle of 50 years, including sustaining infrastructure quality,
security, durability, longevity, functionality of operations and maintenance, and using materials
to withstand that timeframe, and ensure that the new completed emergency operations center will
complement the design and development of the existing Davis Justice Center facility. Therefore, the
County has issued this Request for Proposals (this “RFP”) and desires licensed CM/GC to timely
submit proposals in response to this RFP.

CM/GC shall comply with this RFP, including, but not limited to, the specific provisions set forth
in Section V of this RFP, 2 C.F.R. Part 200, the OMB Uniform Guidance, the SLFRF statute, the SLFRF
Award Terms and Conditions, the Treasury’s Interim Final Rule and Final Rule, and all applicable
federal statutes, regulations, contracting, and reporting requirements relating to SLFRF funding.

CM/GC will be expected to attend design and coordination meetings with the County’s design team,
stakeholders, and the County Commissioners, until all parties are satisfied with the final design.

The Fixed Limit Construction Cost (“FLCC”) must not exceed $15 million. CM/GC will be tasked with
keeping the overall project construction cost within the final authorized project amount.

Notwithstanding anything to the contrary herein, the Davis County Sheriff’s Office maintains the
right to recommend on matters relating to the Project, and the County maintains final decision
making authority on all matters relating to the Project.

II. Scope of Work.

Design and Construction Method: CM/GC shall assist the County and Architect in the design and
construction of the Project using the following method:

A. It is anticipated that a full complement of professional services shall be provided by CM/GC.
CM/GC shall consult with the Project Design Committee (Committee). Members of this committee will
be selected by the County and may include Davis County Sheriff’s Office members, County employees,
representatives of the Architect, Farmington City employees, designated Davis County residents, and
others as may meet the needs of the County. CM/GC must select and sub-contract
with all necessary or required subcontractors. CM/GC must have an active registration with

Request for Proposals
Construction Management/General Contractor Services for the Davis County Emergency Operations
Center
Funded with State and Local Fiscal Recovery Funds (“SLFRF”)
Sam.gov, shall verify that all selected subcontractors also have an active registration with
Sam.gov and ensure procurement of sub-contractors comply with federal procurement standards.

B. CM/GC shall, after fully accounting for the FLCC, advise the Committee regarding the Project
construction costs and risks, including methods to reduce risk, reduce costs, and improve schedules
throughout each phase of the Project.

Preconstruction Phase: This phase of the Project includes attending design meetings, estimating and
cost control, schedule development, and review of construction drawings and constructability
reviews. CM/GC shall assist the County and the Architect in maintaining the cost of construction
within the FLCC for the duration of the Project through construction and warranty periods to
maintain the Project’s schedule. CM/GC shall provide in-depth, accurate, and timely cost data for a
rigorous life-cycle cost assessment throughout the design, which must include the use of particular
portions of the State of Utah’s High Performance Building Standards.

CM/GC will be expected to review and verify previously completed schematic services and existing
cost estimates for accuracy. This review will take place in coordination with the Architect’s cost
estimator and the Committee to provide an accurate accounting of the upfront construction costs for
the various building systems and equipment, including mechanical, plumbing, electrical, security,
and building enclosure systems. CM/GC and the Architect shall design and program the Project to
meet the FLCC.

Costs must be provided based on programmatic level narratives and be revised as the design develops
through the remaining design phases (i.e. 30%; 60%; 90%; Final/Guaranteed Maximum Price (“GMP”))
for both increased accuracy and the facilitation of informed decisions on the most life-cycle cost
effective building systems. The evolving estimate must be shared with the Committee and will be
heavily relied upon by the Committee in its decision-making process for the Project.

CM/GC shall advise the Committee regarding project phasing and schedule, including early
procurement of materials, coordination of staging areas for construction access, stockpiling of
materials, storage and other construction related activities.

During the preconstruction phase, CM/GC shall provide ongoing review of the design documents for
constructability, clash detection, design error and omissions, design understandability and bid
clarity, and overall availability of products for the Project’s operational minimum lifecycle of 50
years. CM/GC shall track any discovered error or omission and work with the Architect until it is
fully resolved. CM/GC shall not seek payment through a change order markup or otherwise resulting
from any discovered error or omission, including design errors or omissions for constructability.

CM/GC shall develop and obtain subcontracts and trade contracts in accordance with local, county,
state, and federal procurement requirements, obtain competitive bids for all work, materials and
equipment, conduct pre-bid meetings and site tours, and work with the Committee to address
questions, issue addendums and open bids in the presence of the County. Once the design is
sufficient and approved by the County, CM/GC shall develop and submit a GMP for the work that meets
the goals for the Project. GMP will be based on price information included in CM/GC’s approach to
price. The GMP will be compared to the Architect’s costs, and independent consultant costs to
ensure GMP is in line with market conditions and costs.






























































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Request for Proposals
Construction Management/General Contractor Services for the Davis County Emergency Operations
Center
Funded with State and Local Fiscal Recovery Funds (“SLFRF”)
CM/GC, in cooperation with the Architect, shall obtain all required permits from Farmington City,
and the State of Utah.

Construction Phase: Final construction will not begin until the County and all required permitting
agencies have reviewed and accepted the Project design and construction approach. CM/GC shall,
among other things, manage the construction process, including general coordination with the
County, the Architect, the Committee, subcontractors and trade contractors, provide input regarding
constructability, manage contingency funds, resolve issues and claims, update construction
schedules, as needed, and conduct coordination meetings.

CM/GC shall obtain project bonding, award and manage subcontracts and trade contracts, and obtain
all required building, noise, storm water, general construction or other permits to complete the
Project.
CM/GC shall conduct, coordinate, and manage water quality inspections, environmental monitoring,
and compliance with permits, permit reporting and documentation, and final closeouts of permits.

CM/GC shall conduct, coordinate and manage quality control inspections and weekly construction
meetings, coordinate safety programs, prepare monthly pay applications (which shall include all
lien releases for work and equipment and materials furnished to date) and maintain records,
as-built drawings, and manuals.

CM/GC shall develop and monitor punch lists, and coordinate and assist with the subcontractor and
manufacturer warranty corrections and the timely project closeout.

III. Fixed Limit of Construction Cost (FLCC) and Guaranteed Maximum Price (GMP)

A. FLCC: The FLCC is the Project’s construction budget as listed in this RFP’s Introduction
Section. The County, the Committee, and CM/GC shall work together to keep the costs of
construction, as represented in the design, below the FLCC.

B. GMP: The GMP is the final price that CM/GC agrees to accept in full performance of the Project.
The GMP must be based on the final drawings and specifications for the Project. The GMP must
include all fees and percentages required by this RFP and all other costs, if any, to complete the
Project construction, including fully operational and commissioned systems and equipment as
provided by CM/GC under their GMP.

The final GMP is normally determined at the completion of the contract documents phase and receipt
of subcontractors’ proposals. However, the County may require the GMP to be negotiated at an
earlier time.

Contingency: CM/GC shall include contingencies during design for design, bidding and price
escalation, and shall consult with the Architect to determine what materials, equipment, component
systems and types of construction are to be included in the contract documents. CM/GC shall
recommend reasonable adjustments in the scope of the Project, and recommend alternate bids in the
construction documents, as needed to remain below the FLCC. CM/GC shall continue to reduce this
contingency throughout the design process, as applicable.






























































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Request for Proposals
Construction Management/General Contractor Services for the Davis County Emergency Operations
Center
Funded with State and Local Fiscal Recovery Funds (“SLFRF”)
At the point the GMP is established, CM/GC will be allowed to carry a maximum contingency of 3% of
the FLCC as a construction contingency amount. Any use of the contingency funds within the GMP
shall be recommended by CM/GC and must be approved by the County.

The contingency fund can only be used for the following types of work and only for direct costs of
construction:

1) Construction errors by CM/GC; and
2) Items included in the contract documents, but missed by CM/GC in establishing the GMP.

The contingency funds cannot cover items such as:

1) Errors by subcontractors at any tier;
2) Coordination issues between subcontractors at any tier; or
3) Replacement of defective work not self-performed but installed by CM/GC or subcontractors at any
tier.

All contingency savings shall revert to the County. If the entire 3% contingency fund is used
during construction, any additional funds must be provided at CM/GC’s expense.

IV. Cost Proposal, Fees, and Markups

Cost Proposal Submission Requirements. Prior to submitting a cost proposal, CM/GC shall carefully
examine the RFP, visit the Project Site, fully inform itself of all existing conditions and
limitations, and include in the proposal the cost of all items required by the RFP. If CM/GC
observes that portions of the contract documents are at variance with applicable law, building
codes, rules, regulations, or contain obvious erroneous or uncoordinated information, CM/GC shall
promptly notify the County and the Architect, and the necessary changes shall be made to the
contract documents.

CM/GC shall complete Exhibit A, and have Exhibit A signed by an authorized representative of CM/GC,
and timely submit Exhibit A and CM/GC’s other proposal documents in a sealed envelope at the
location specified below or through Sciquest. CM/GC shall submit a completed Exhibit B and all
other proposal documents prior to the deadline for submission indicated within the Project Schedule
section below.

CM/GC shall furnish the following fees and markups as part of its proposal:

A. Preconstruction Fee: This lump sum fee consists of all costs for CM/GC to provide the required
service of the preconstruction phase, except pre-authorized, out-of-state travel. No other
reimbursable costs will be allowed or considered in addition to this fee. NOTE: The preconstruction
services will begin upon completion of the contract between CM/GC and the County.

B. Construction Management Fee: This lump sum fee shall consist of and include overhead (e.g.,
office, profit, and office personnel who will be managing the project during bidding, construction,
and closeout, including the warranty period). This fee does not include general conditions.






























































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Request for Proposals
Construction Management/General Contractor Services for the Davis County Emergency Operations
Center
Funded with State and Local Fiscal Recovery Funds (“SLFRF”)
C. Cost of Insurance Premiums: These costs shall be included in the general contractor costs,
including builder’s risk insurance.

D. Construction Supervision Cost: This is a monthly cost to the Project, which will commence at the
issuance of the notice to proceed with construction and continue through the final completion of
CM/GC’s on-site management/supervision services (e.g., project manager and superintendent
services). All services and personnel costs not specifically identified as a construction
supervision cost will be considered part of the lump sum construction management fee, including
costs for receptionists, accountants, safety officers, and expediters. These costs do not include
general conditions or people performing the actual construction activities.

E. CM/GC Change Order and Fees: CM/GC shall not increase its construction management fee, monthly
construction supervision cost, or general conditions fee for proposed change orders that are
determined by the County to be an omission or unforeseen condition.
Scope changes prior to the final GMP that exceed the FLCC will include an increase in the
construction management fee, monthly construction supervision cost, and general conditions fee as
defined in the RFP.
Scope change after the final GMP will include a 5% markup. Additionally, the monthly construction
supervision cost and general conditions fee may be increased only if the County approves an
increase in contract day. If the County approves such an increase, it will be applied as a
percentage of the fee identified in the RFP divided by the number of construction days in CM/GC’s
GMP schedule as defined in the CM/GC contract documents.

F. General Conditions: This cost shall include all costs normally associated with mobilization such
as surveying, trailer signage, office supplies, temporary power phone and sanitation, clean-up, and
fencing. CM/GC shall itemize and provide with its proposal a list of all cost that it is proposing
for general conditions.

G. Labor Requirements: Davis-Bacon requirements apply to this project.









































H. Other Costs: No costs, exceptions or exclusions will be allowed outside of those listed above.












































CM/GC shall also submit rate schedules (similar to the Form Rate Schedule directly below) for all
key employees that CM/GC anticipates will provide services in connection with this RFP. If CM/GC
intends to use different employees during different phases of the process and at different fee
rates, please include and list those appropriately. Fees should be based on a 17,000 square foot
design.

Form Rate Schedule for CM/GC and Its Key Employees




















































Name and Title of Employee




















































Hourly Rate




















































Hours




















































Total Cost Per Employee






























































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Request for Proposals
Construction Management/General Contractor Services for the Davis County Emergency Operations
Center
Funded with State and Local Fiscal Recovery Funds (“SLFRF”)







Continue naming all key employees of CM/GC that CM/GC anticipates will provide services regarding
this RFP















Grand Totals:



















V. Evaluation Criteria.

A. Proposal Submission Requirements. The proposals submitted by CM/GC in response to this RFP may
not exceed 50 single-sided pages (with a font sized of 12 or greater) and must be organized
sequentially to address each of the subsections directly below (Failure to comply with the
sequential organization requirement or failure to satisfy one or more of the proposal submission
requirements directly below may result in the rejection of CM/GC’s submitted proposal):

1. Complete and submit the Proposal Form, attached hereto as Exhibit B, which must be signed by
CM/GC or an authorized representative of CM/GC;
2. Introduction. CM/GC must provide an introduction section to its submitted proposal regarding
CM/GC;
3. Surety Company Letter. CM/GC must submit a letter from a surety company indicating that CM/GC
is capable of obtaining payment and performance bonds for up to at least $56,000,000 for the
Project. The surety submitting the letter must have a current surety license for the State of Utah,
be listed as a certified surety company in the current United States Department of the Treasury
Circular 570, and have an underwriting limitation greater than or equal to $5,000,000 as set forth
in the current United States Department of the Treasury Circular 570. Surety company letter
indicating “unlimited” bonding/security capability are not acceptable. Payment and performance
bonds will be required at the time the construction contract is awarded. The final value of the
bonds must equal the negotiated amount of the construction contract and related contract documents;
4. Statement of CM/GC’s Qualifications and Experience: CM/GC must submit a statement of
qualifications and experience (four pages in length or less) that describes the following:
a) CM/GC’s overall qualifications and experience with emergency operations facilities:
b) CM/GC’s specific qualifications, past projects experience of on-site management teams,
preconstruction team, and key personnel;
c) CM/GC’s team experience with the County or the Architect;

CM/GC should refer to Section VI regarding the specific details of evaluation criteria to make sure
they provide information based on those topics which will be evaluated.

CM/GC should keep in mind that the list of personnel in the CM/GC team section of the statement of
qualifications are considered key personnel. CM/GC is agreeing to make the personnel available to
complete the work on the Project at whatever level the Project requires.






























































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Request for Proposals
Construction Management/General Contractor Services for the Davis County Emergency Operations
Center
Funded with State and Local Fiscal Recovery Funds (“SLFRF”)
Personnel changes will be reviewed by the County to assure the replacement is equally qualified and
has adequate experience. County will only allow changes in key personnel when caused by
circumstances outside the control of CM/GC. Changes in key personnel, for the convenience or
benefit of CM/GC, will not be allowed.

5. Management Plan: CM/GC shall develop and submit a management plan (five pages or less)
demonstrating how it will manage its responsibilities and scope of work outlined within this RFP.
The management plan should include CM/GC’s philosophy and approach to the following:
preconstruction services, project communication plan, schedule control plan, cost control plan,
safety plan, quality control plan, change control plan, self-performing plan, and project closeout
plan. The management plan should include a narrative that specifically addresses the firm’s or
individual’s experience and capability to successfully perform the required services requested in
the RFP.

Indicate all services that will be provided during the preconstruction phase of the Project and the
individuals who will be performing these services. Provide an organizational chart to clarify
CM/GC’s supervision and support structure during this phase. Clearly identify all personnel that
will be considered as a construction supervision cost under the GMP. Any personnel not identified
in this management plan to be a construction supervision cost, will be considered a part of the
lump sum construction management fee and will not be allowed as either future general conditions or
construction supervision cost except for those that are actually performing the construction
activities.

6. Project Schedule: Include in your management plan a proposed project schedule. Base your
schedule on an assumed construction start day of February 1, 2024. Indicate critical dates and
other information in sufficient detail for the selection committee to determine if the time frames
are reasonable. Address project specific criteria, risks that have been identified by the RFP, and
additional risks that CM/GC has identified. State how those risks will be mitigated. Provide and
include an 11”x17” page to utilize and demonstrate a proposed project schedule. A completion date
prior to that shown in the RFP schedule is requested, but not mandatory. The actual notice to
proceed will be based and determined on how quickly CM/GC returns the contract and the required
bonds, general conditions, as well as the resolution of any issues that may arise in the
procurement process. The actual completion date will be based on CM/GC’s proposed schedule and the
date CM/GC received the contract for signature. All plans, schedules and proposals are required to
reflect the project construction time. Non- compliance with the schedule will not result in
automatic disqualification; however, it will be evaluated by the selection committee in determining
the final selection.

7. Project Risks, Tools, and Ideas: Describe CM/GC’s philosophy and approach in addressing a risk
identification and mitigation plan, tools and techniques, value added ideas, and include a risk
identification and mitigation plan. State how risks will be mitigated throughout the process by
your firm being specific as to the scope and knowing that change order acceptance will be minimal;

8. References: Provide the names and contact information for a minimum of four references �" two
from owners and two from architectural firms where you have completed projects and worked with
architects using CM/GC’s method. The selection committee will use this
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Request for Proposals
Construction Management/General Contractor Services for the Davis County Emergency Operations
Center
Funded with State and Local Fiscal Recovery Funds (“SLFRF”)
information to, among other things, verify CM/GC’s project history, qualifications, and experience,
and previous success in establishing working relationships between CM/GC, team members, architects,
owners and other key project stakeholders.

As noted above, CM/GC should refer to section VI regarding the specific details of evaluation
criteria for all related items listed above to make sure they provide information based on those
topics which will be evaluated.

Proposals in non-standard formats cannot be evaluated without considerable analysis. Failure to
satisfy any of the foregoing proposal submission requirements may result in rejection of CM/GC’s
submitted proposal;

9. If submitting by hard copy, please submit one original, and six copies as well as and one
electronic copy of CM/GC’s proposal to the County.

The electronic copy of CM/GC’s proposal must be in “PDF” format, and submitted on a flash drive, or
other electronic storage medium (See subsection B.3. below for potential proposal protection).

10. Address and submit proposals by mail or hand delivery as set forth below and ensure that they
are received by the County no later than May 31, 2023, at 5:00 p.m.

If Provided by Mail: If Provided by Hand Delivery:
Davis County Davis County
Attn: Contracts and Grants Administrator Attn: Contracts and Grants Administrator PO Box 618
61 S Main St, Room 104
Farmington, UT 84025 Farmington, UT 84025

B. Potential Proposal Protection
1. The electronic pdf copy of CM/GC’s proposal must be a full and complete copy of CM/GC’s proposal
unless:
a. CM/GC’s proposal contains information that may be protected under Section 63G-2- 305(1), Utah
Code Annotated, Section 63G-2-305(2), Utah Code Annotated, or both; and
b. CM/GC complies with Section 63G-2-309, Utah Code Annotated.
2. If CM/GC satisfies subsection a. and b. directly above, a second electronic pdf copy of CM/GC’s
proposal must be included with redactions.
3. If CM/GC complies with subsections 1a, 1b, and 2 directly above, the County, upon receiving a
GRAMA request for CM/GC’s proposal, will release a copy of CM/GC’s redacted proposal. However, if
CM/GC fails to comply with subsections 1a, 1b, and 2
directly above, the County, upon receiving a GRAMA request for CM/GC’s proposal, will release a
full and complete copy of CM/GC’s proposal.

VI. Evaluation Criteria.

The County’s evaluation committee will evaluate proposals submitted by CM/GCs based on the
following criteria:






























































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Request for Proposals
Construction Management/General Contractor Services for the Davis County Emergency Operations
Center
Funded with State and Local Fiscal Recovery Funds (“SLFRF”)







Primary Criteria

1.Experience







Primary Criteria % 30%









Sub-Criteria

a. CM/GC’s Overall Qualifications: show the overall qualifications and experience of CM/GC,
including Emergency Operation Centers completed by CM/GC that are of similar scope, size and
complexity to the Project scope of work in this RFP.
b. CM/GC’s experience with performing construction services funded with federal funds.
c. Qualifications of Proposed Teams and Key Personnel: show the qualification and experience of the
specific teams proposed by CM/GC for the Project in relation to projects of similar scope, size
and complexity to the project. Include team members experience on past relevant projects,
clearly identify what role they filled in the listed relevant projects, describe staff member
availability during the project, years of experience and years of experience with current company.
In particular, CM/GC should address the following roles and teams (or equivalent in CM/GC proposed
Structure);
• Preconstruction Team;
• Construction Team;
• Project Manager;
• Superintendent;
• Project Estimator.
d. Previous Experience; Show any previous experience of CM/GC with Davis County or the Architects
listed in this RFP. Include the following information about each applicable project. Proposing
CM/GC shall provide a list of all emergency operations centers completed in the last ten (10) years
or currently in process in which CM/GC was the project contractor.
• Name & location









Sub- Criteria % 7.5%





5%


12.5%


















5%






























































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Request for Proposals
Construction Management/General Contractor Services for the Davis County Emergency Operations
Center
Funded with State and Local Fiscal Recovery Funds (“SLFRF”)
• Construction costs
• Construction delivery method
• Building Type (e.g. cmu, concrete, pre-cast)
• Year finished
• Length of time CM/GC spent on project
• Rolls filled on project, and names of employees that filled roles.



















2.Management Plan, & Risk Mitigation































Version: 7/1/2022



















25%



















Management Plan: The management plan must clearly describe and outline the manner in which the
Proposing CM/GC will perform as a member of the Project team during construction of the Project
team during the design and construction of the Project. This section shall include at least the
following.
• Overall Understanding of Project: show the overall understanding of the Project, the user, the
risks, the Project specific needs or site conditions, a project organization chart for design and
an organization chart, if different, during construction
• Preconstruction Services: show how the team will approach the preconstruction services
throughout design
• Project Communication Plan: show how teams will communicate with Davis County, the Architects,
and Sheriff’s Office throughout the various phases of the Project.
• Schedule Control Plan: provide a detailed schedule; identify the necessary bid packages;
include identifying, managing and controlling critical path activities.
• Cost Control Plan: show how the team will approach managing the controlling Project costs
throughout design and construction, including bid packages and change requests.
• Safety Plan: show how the team will approach safety on the work site,



















15%
































Page | 11 of 23

Request for Proposals
Construction Management/General Contractor Services for the Davis County Emergency Operations
Center
Funded with State and Local Fiscal Recovery Funds (“SLFRF”)
include any applicable certifications and training documentation.
• Quality Control and Value Added Ideas: show how the team will approach quality control and
how to provide added value ideas related to site constraints, available labor force, material
selection and costs, and scheduling.
• Change Control Plan: show how the team will manage and control RFIs, ASIs, PRs, PCOs, and change
order pricing.
Risk Mitigation: provide a detailed risk mitigation plan, show CM/GC will identify
Project risks and work to mitigate them. 10%
























3.Project Approach and Schedule



4.Cost
























25%



20%
























Project Schedule: Provide a detailed schedule; identify the necessary bid packages; include
identifying, managing and controlling critical path activities as they relate to Project
construction time. CM/GC’s shall provide fees and costs identified under Section IV and as detailed
in Exhibit B “CM/GC Proposal Form” of this RFP in response to this cost criteria evaluation factor.
























25%



N/A






































VII. Mandatory Pre-proposal Meeting

CM/GC is required to attend a mandatory introduction, question and answer meeting with the
Architect and the County, located at 800 W. State Street, Farmington, UT 84025, on Wednesday May
17, 2023 at 1:30 PM. Failure to attend this meeting will disqualify applicants from bidding on this
RFP.

VIII. Specific Questions Regarding Proposals (if necessary). No more than four general
contractors found most qualified by the aforementioned evaluation criteria may be asked to verbally
respond to specific questions from the selection committee regarding CM/GC’s proposal. These
questions must be answered by the same project team personnel who will be assigned to the Project,
should CM/GC be awarded a contract. General Contractors selected for a verbal question session
shall focus their answers on their proposal and should anticipate to field questions from the
evaluation committee specifically regarding the CM/GC’s proposal. Notwithstanding the foregoing,
Davis County reserves the right to forgo this option at its discretion.

IX. Projected Schedule for the RFP Process. Davis County reserves the right to modify the
following projected schedule for this RFP process at its sole discretion.






























































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Request for Proposals
Construction Management/General Contractor Services for the Davis County Emergency Operations
Center
Funded with State and Local Fiscal Recovery Funds (“SLFRF”)
Version: 7/1/2022 Page | 13 of 23
Activity Date
Issuance of the RFP by Davis County May 3, 2023
Mandatory pre-proposal meeting May 17, 2023
Deadline to Submit Questions May 24, 2023
Deadline for provider to submit proposal May 31, 2023 Report on register of
proposals timely received by Davis County June 6, 2023 Date for interviews/demonstrations
(if necessary) TBD
Issuance of Notice of Intent to Engage in Contract Negotiations TBD











X. Questions and Deadline for Questions. All questions relating to this RFP must be directed to
Jordan Tilley, Davis County Purchasing Manager, via email at jtilley@co.davis.ut.us. The deadline
to submit questions regarding this RFP is May 24, 2023, at 4:00 p.m. Mountain Time. Davis County
may reject any proposal submitted in response to this RFP if one or more employees, agents,
representatives or otherwise contacts any other Davis County employee, agent, or representative
regarding this RFP.

XI. Protests. CM/GC may file a protest relating to this RFP pursuant to Davis County’s purchasing
policy and procedures governing requests for proposals (the “RFP Policy”). CM/GC may receive a copy
of the RFP Policy by requesting a copy of the RFP Policy through an email sent to
jtilley@co.davis.ut.us.

Binding Provisions. By submitting a proposal in response to this RFP, CM/GC (which may be referenced in this section as contractor) agrees to be bound by this RFP, including, but not limited to, the following specific provisions:
A. In accordance with 41 U.S.C. § 4712, an employee of CM/GC, or an employee of a subcontractor of CM/GC may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. CM/GC shall ensure that the requirements in this provision are included in all contracts and purchase orders for work or products relating to this contract.
B. In accordance with 41 U.S.C. § 4304, the following costs are not allowable under this contract:
1. Costs of entertainment, including amusement, diversion, and social activities, and any costs directly associated with those costs (such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities).
2. Costs incurred to influence (directly or indirectly) legislative action on any matter pending before the United States Congress, a state legislature, or a legislative body of a political subdivision of a state.
3. Costs incurred in defense of any civil or criminal fraud proceeding or similar proceeding (including filing of any false certification) brought by the federal government where CM/GC or a contractor is found liable or had pleaded nolo contendere to a charge of fraud or similar proceeding (including filing of a false certification).
4. Payments of fines and penalties resulting from violations of, or failure to comply with, federal, state, local, or foreign laws and regulations, except when incurred as a result of compliance with specific terms and conditions of the contract or specific written instructions from the
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contracting officer authorizing in advance those payments in accordance with applicable provisions of the Federal Acquisition Regulation.
5. Costs of membership in any social, dining, or country club or organization.
6. Costs of alcoholic beverages.
7. Contributions or donations, regardless of the recipient.
8. Costs of advertising designed to promote CM/GC, a contractor or its/their products.
9. Costs of promotional items and memorabilia, including models, gifts, and souvenirs.
10. Costs for travel by commercial aircraft that exceed the amount of the standard commercial fare.
11. Costs incurred in making any payment (commonly known as a ‘‘golden parachute payment’’) that is in an amount in excess of the normal severance pay paid by CM/GC or a contractor to an employee on termination of employment and paid to the employee contingent on, and following, a change in management control over, or ownership of, CM/GC or a contractor or a substantial portion of CM/GC or a contractor’s assets.
12. Costs of commercial insurance that protects against the costs of CM/GC or a contractor for correction of the CM/GC or a contractor’s own defects in materials or workmanship.
13. Costs of severance pay paid by CM/GC or a contractor to foreign nationals employed by the contractor under a service contract performed outside the United States, to the extent that the amount of severance pay paid in any case exceeds the amount paid in the industry involved under the customary or prevailing practice for firms in that industry providing similar services in the United States, as determined under the Federal Acquisition Regulation.
14. Costs of severance pay paid by CM/GC or a contractor to a foreign national employed by CM/GC or a contractor under a service contract performed in a foreign country if the termination of the employment of the foreign national is the result of the closing of, or the curtailment of activities at, a Federal Government facility in that country at the request of the government of that country.
15. Costs incurred by CM/GC or a contractor in connection with any criminal, civil, or administrative proceeding commenced by the federal government or a state.
16. Costs of compensation of a CM/GC employee or a contractor employee for a fiscal year, regardless of the contract funding source, to the extent that such compensation exceeds $625,000 adjusted annually for the U.S. Bureau of Labor Statistics Employment Cost Index for total compensation for private industry workers, by occupational and industry group not seasonally adjusted, except that the executive agency may establish exceptions for positions in the science, technology, engineering, mathematics, medical, and cybersecurity fields and other fields requiring unique areas of expertise upon a determination that such exceptions are needed to ensure that the executive agency has continued access to needed skills and capabilities.
17. Costs of compensation of a CM/GC employee or a contractor employee for a fiscal year, regardless of the contract funding source, to the extent that such compensation exceeds $487,000 per year, adjusted annually to reflect the change in the Employment Cost Index for all workers, as calculated by the Bureau of Labor Statistics, except that the head of an executive agency may establish one or more narrowly targeted exceptions for scientists, engineers, or other specialists upon a determination that such exceptions are needed to ensure that the executive agency has continued access to needed skills and capabilities.
CM/GC shall ensure that the requirements in this provision are included in all contracts and purchase orders for work or products relating to this contract.
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C. In accordance with 2 C.F.R. § 200.404, CM/GC agrees as follows:
A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. The question of reasonableness is particularly important when a project is predominantly federally-funded. In determining reasonableness of a given cost, consideration must be given to:
1. Whether the cost is of a type generally recognized as ordinary and necessary for the operation of Davis County or the proper and efficient performance of the applicable federal award.
2. The restraints or requirements imposed by such factors as: sound business practices; arm's-length bargaining; federal, state, local, tribal, and other laws and regulations; and terms and conditions of the applicable federal award.
3. Market prices for comparable goods or services for the geographic area.
4. Whether the individuals concerned acted with prudence in the circumstances considering their responsibilities to Davis County, its employees, where applicable its students or membership, the public at large, and the federal government.
5. Whether Davis County significantly deviates from its established practices and policies regarding the incurrence of costs, which may unjustifiably increase the applicable federal award's cost.
D. In accordance with 2 C.F.R. § 200.321, CM/GC shall take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. These affirmative steps must include:
1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and
5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.
E. In accordance with Appendix II to 2 C.F.R. Part 200 (A), the parties agree as follows:
1. All claims, counterclaims, disputes and other matters in question between Davis County and CM/GC arising out of or relating to this contract or its breach will be decided by mediation, if the parties mutually agree, or in a court of competent jurisdiction within Davis County, Utah.
2. Unless otherwise directed by Davis County, CM/GC shall continue performance under this contract while matters in dispute are being resolved.
3. The duties and obligations imposed by this contract and the rights and remedies available under this contract shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by Davis County or CM/GC shall constitute a waiver of any right or duty afforded any of them under this
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contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.
F. In accordance with Appendix II to 2 C.F.R. Part 200 (B), the parties agree as follows:
1. Davis County may terminate this contract, in whole or in part, at any time by written notice to CM/GC when it is in Davis County’s best interest. CM/GC shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. CM/GC shall promptly submit its termination claim to Davis County to be paid to CM/GC. If CM/GC has any property in its possession belonging to Davis County, CM/GC will account for the same, and dispose of it in the manner that Davis County directs.
2. If CM/GC does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, CM/GC fails to perform in the manner called for in the contract, or if CM/GC fails to comply with any other provisions of the contract, Davis County may terminate this contract for default. Termination shall be effected by serving a notice of termination on CM/GC setting forth the manner in which CM/GC is in default. CM/GC will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in this contract. If it is later determined by Davis County that CM/GC had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of CM/GC, Davis County, after setting up a new delivery of performance schedule, may allow CM/GC to continue work, or treat the termination as a termination for convenience.
3. If CM/GC refuses or fails to prosecute the work or any separable part, with the diligence that will ensure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if CM/GC fails to comply with any other provisions of this contract, Davis County may terminate this contract for default. Davis County shall terminate by delivering to CM/GC a Notice of Termination specifying the nature of the default. In this event, Davis County may take over the work and complete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. CM/GC and its sureties shall be liable for any damage to Davis County resulting from CM/GC’s refusal or failure to complete the work within specified time, whether or not CM/GC’s right to proceed with the work is terminated. This liability includes any increased costs incurred by Davis County in completing the work. CM/GC’s right to proceed shall not be terminated nor CM/GC charged with damages under this clause if:
a. The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of CM/GC (Examples of such causes include: acts of God, acts of Davis County, acts of another contractor in the performance of a contract with Davis county, epidemics, quarantine restrictions, strikes, and freight embargoes); and
b. CM/GC, within 10 days from the beginning of any delay, notifies Davis County in writing of the causes of delay (If in the judgment of Davis County, the delay is excusable, the time for completing the work shall be extended. The judgment of Davis County shall be final and conclusive on the parties, but subject to appeal under the disputes clauses).
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If, after termination of CM/GC’s right to proceed, it is determined that CM/GC was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of Davis County.
G. In accordance with Appendix II to 2 C.F.R. Part 200 (C), the parties agree as follows:
During the performance of this contract, CM/GC agrees as follows:
1. CM/GC will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. CM/GC will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
a. Employment, upgrading, demotion, or transfer;
b. Recruitment or recruitment advertising;
c. Layoff or termination;
d. Rates of pay or other forms of compensation; and
e. Selection for training, including apprenticeship.
CM/GC 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. CM/GC will, in all solicitations or advertisements for employees placed by or on behalf of CM/GC, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
3. CM/GC will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
4. CM/GC will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of CM/GC’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
5. CM/GC 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.
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6. CM/GC 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.
7. In the event of CM/GC'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 CM/GC 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.
8. CM/GC will include the portion of the sentence immediately preceding Subsection 1 of Subsection XI.G and the provisions of Subsections 1 through 8 of Subsection XI.G 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. CM/GC 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 CM/GC becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, CM/GC may request the United States to enter into such litigation to protect the interests of the United States.
H. In accordance with Appendix II to 2 C.F.R. Part 200 (E), the parties agree as follows:
1. Overtime requirements. Neither CM/GC nor any 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 subsection set forth directly above, CM/GC or any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, CM/GC or such subcontractor shall be liable to the United States (in the case of work done under contract 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 subsection set forth directly above, in the sum of $29 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 subsection set forth directly above.
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3. Withholding for unpaid wages and liquidated damages. The Department of the Treasury or Davis County 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 CM/GC or a subcontractor under any such contract or any other federal contract with CM/GC, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by CM/GC, such sums as may be determined to be necessary to satisfy any liabilities of CM/GC or a subcontractor for unpaid wages and liquidated damages as provided in the subsection set forth directly above.
4. Subcontracts. CM/GC or a subcontractor shall insert in any subcontracts the clauses set forth in subsections 1 through 4 of Subsection XI.H and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. CM/GC shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subsections 1 through 4 of Subsection XI.H.
The parties further agree as follows:
1. CM/GC or a subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid.
2. Records to be maintained under this subsection shall be made available by CM/GC or a subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and CM/GC or a subcontractor will permit such representatives to interview employees during working hours on the job.
I. In accordance with Appendix II to 2 C.F.R. Part 200 (G), the parties agree as follows:
1. CM/GC agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, 42 U.S.C. § 7401 et seq. (as amended). CM/GC agrees to report each violation to Davis County and understands and agrees that Davis County will, in turn, report each violation as required to assure notification to the United States Department of the Treasury and the appropriate Environmental Protection Agency Regional Office. CM/GC agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by the United States Department of the Treasury.
2. CM/GC agrees to comply with all applicable standards, orders, or regulations issued pursuant to the federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq. (as amended). CM/GC agrees to report each violation to Davis County and understands and agrees that Davis will, in turn, report each violation as required to assure notification to the United States Department of the Treasury and the appropriate Environmental Protection Agency Regional Office. CM/GC agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by the United States Department of the Treasury.
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J. In accordance with Appendix II to 2 C.F.R. Part 200 (H), the parties agree as follows:
This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, CM/GC is required to verify that none of CM/GC’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). CM/GC must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
This certification is a material representation of fact relied upon by Davis County. If it is later determined that CM/GC did not comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, in addition to remedies available to Davis County, the federal government may pursue available remedies, including but not limited to suspension and/or debarment. CM/GC, as a bidder or proposer, agrees to comply with the requirements of 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C during the RFP process and throughout the period of any contract that may arise from this RFP. CM/GC, as a bidder or proposer, further agrees to include a provision requiring such compliance in its lower tier covered transactions.
K. In accordance with Appendix II to 2 C.F.R. Part 200 (I), the parties agree as follows:
1. Contractors who apply or bid for an award of more than $100,000 shall file the required certification. Each tier certifies to the tier above that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the federal awarding agency.
2. The following certification language must be included for contracts, grants, loans, and cooperative agreements:
The undersigned certifies, to the best of his or her knowledge and belief, that:
No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned
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shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chapter 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
Signature of CM/GC’s Authorized Official
Name and Title of CM/GC’s Authorized Official
Date
L. In accordance with Appendix II to 2 C.F.R. Part 200 (J) and 2 C.F.R. § 200.323, the parties agree as follows:
CM/GC, in the performance of this contract, shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:
1. Competitively within a timeframe providing for compliance with the contract performance schedule;
2. Meeting contract performance requirements; or
3. At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
CM/GC also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.
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M. In accordance with Appendix II to 2 C.F.R. Part 200 (K) and 2 C.F.R. § 200.216, the parties agree as follows:
Davis County and CM/GC are prohibited from obligating or expending loan or grant funds to:
1. Procure or obtain;
2. Extend or renew a contract to procure or obtain; or
3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, Section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
a. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
b. Telecommunications or video surveillance services provided by such entities or using such equipment.
c. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
CM/GC must include this language in all contracts with its subcontractors.
N. In accordance with Appendix II to 2 C.F.R. Part 200 (L) and 2 C.F.R. § 200.322, the parties agree as follows:
As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel, cement, and other manufactured products. For purposes of this section:
“Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
“Manufactured products” mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
CM/GC must include this language in all contracts with its contractors and subcontractors.
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O. In accordance with 2 C.F.R. § 200.329 (d), the parties agree as follows:
For the most part, onsite technical inspections and certified percentage of completion data are relied on heavily by Federal awarding agencies and pass-through entities to monitor progress under Federal awards and sub awards for construction. The Federal awarding agency may require additional performance reports only when considered necessary.
P. In accordance with 2 C.F.R. § 200.329 (e), the parties agree as follows:
Events may occur between the scheduled performance reporting dates that have significant impact upon the supported activity. In such cases, CM/GC must inform Davis County and Davis County must then inform the Federal awarding agency or pass-through entity as soon as the following types of conditions become known:
1. Problems, delays, or adverse conditions which will materially impair the ability to meet the objective of the Federal award. This disclosure must include a statement of the action taken, or contemplated, and any assistance needed to resolve the situation.
2. Favorable developments which enable meeting time schedules and objectives sooner or at less cost than anticipated or producing more or different beneficial results than originally planned.
Q. In accordance with 2 C.F.R. § 200.329 (f), the parties agree that the federal awarding agency may make site visits as warranted by program needs.
R. In accordance with 2 C.F.R. § 200.308 (h), (i), and (j), the parties agree as follows:
CM/GC must request prior written approval promptly from Davis County and Davis County must then request prior written approval promptly from the federal awarding agency for budget revisions whenever paragraph 1, 2, or 3 of this section applies:
1. The revision results from changes in the scope or the objective of the project or program.
2. The need arises for additional federal funds to complete the project.
3. A revision is desired which involves specific costs for which prior written approval requirements may be imposed consistent with applicable OMB cost principles listed in 2 C.F.R. Part 200, Subpart E.
No other prior approval requirements for budget revisions may be imposed unless an exception has been approved by OMB.
When a federal awarding agency makes a federal award that provides support for construction and non-construction work, the federal awarding agency may require the recipient to obtain prior approval from the federal awarding agency before making any fund or budget transfers between the two types of work supported.
S. In accordance with 2 C.F.R. § 200.308 (i), the parties agree that when requesting approval for budget revisions, the recipient must use the same format for budget information that was used in the application, unless the federal awarding agency indicates a letter of request suffices.
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T. In accordance with 2 C.F.R. § 200.308 (j), the parties agree as follows:
Within 30 calendar days from the date of receipt of the request for budget revisions, the federal awarding agency must review the request and notify the recipient whether the budget revisions have been approved. If the revision is still under consideration at the end of 30 calendar days, the federal awarding agency must inform the recipient in writing of the date when the recipient may expect the decision.
U. In accordance with Title VI of the Civil Rights Act of 1964, the parties agree that CM/GC shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. CM/GC must require any contractors or subcontractors to agree to this language and must incorporate CM/GC this language in every contract or agreement relating to this RFP.
V. Proposals, including costs, must remain constant from the proposal submission date through the execution of a contract between Davis County and CM/GC for the services sought through this RFP. CM/GC that submits a proposal that will not remain constant for this required time period may be rejected by Davis County.
W. CM/GC shall obtain all applicable federal, state, and local licenses before a contract for the services sought through this RFP and between Davis County and CM/GC is executed. These licenses must be maintained by CM/GC for the duration of the contract between Davis County and CM/GC.
X. CM/GC shall be registered with the Utah Department of Commerce, Division of Corporations and Commercial Code. CM/GCs may obtain forms and information regarding this registration requirement by calling (801) 530-4849 or 1-877-526-3994, or by accessing the following website: www.commerce.utah.gov.
Y. CM/GC may modify its proposal at any time prior to the deadline for CM/GCs to submit proposals, which is set forth in the “Projected Schedule for the RFP Process” section above. After this deadline, CM/GC is precluded from modifying its proposal unless otherwise permitted by the RFP Policy or this RFP.
Z. Any agreement or collusion among CM/GC to fix a price, limit competition, or other similar conduct shall render the proposals of CM/GC void.
AA. The parties acknowledge that Davis County has contracted with many general contractors over the past several years for construction and general contracting services. The parties further acknowledge that, while these contractual relationships have generally been positive, a common
Request for Proposals
Construction Management/General Contractor Services for the
Davis County Emergency Operations Center
Funded with State and Local Fiscal Recovery Funds (“SLFRF”)
Version: 7/1/2022 Page | 25 of 23
and reoccurring negative outcome relating to many of these contractual relationships has been an increase in the overall project cost borne by Davis County due to project change orders that become necessary due to an action or inaction of CM/GC or its consultants, including, but not limited to, mistakes or errors made by CM/GC or its consultants, failures or oversights of CM/GC or its consultants, CM/GC or its consultants’ lack of attention to detail, CM/GC or its consultants’ lack of communication, or other action or inaction of CM/GC or its consultants. The parties desire to avoid this common and reoccurring negative outcome for this Project as follows:
1. Davis County shall hold 1% of the overall construction cost of the Project as a design contingency (the “Design Contingency”);
2. The Design Contingency must be used by CM/GC to pay for Project expenses that arise after the bidding phase of the Project is complete and are a result of an action or an inaction of CM/GC, an action or an inaction of CM/GC’s consultants, a design error or omission of CM/GC, or a design error or omission of CM/GC’s consultants (“Design Contingency Project Expenses”) (If a dispute arises between the parties regarding whether the CM/GC must pay for a Project expense using the Design Contingency, Davis County’s decision on the matter is final);
3. The estimated Design Contingency is based off of the estimated overall construction cost; however, the overall construction cost of the Project may change at any time, and, thus, the Design Contingency amount may also change at any time, given that it is a percentage of the overall construction cost of the Project;
4. Davis County will pay the CM/GC 50% of any balance that remains in the design contingency 18 months following the completion of the Project;
5. In the event that the Design Contingency is exhausted, neither Davis County nor the CM/GC will receive any portion of the Design Contingency, and the CM/GC shall be responsible for all other Design Contingency Project Expenses; and
6. Notwithstanding anything in this subsection of this contract to the contrary, the CM/GC remains bound by the other provisions of this contract as well as applicable law.
BB. CM/GC shall perform the services identified in this contract consistent with the professional skill and care ordinarily provided by other general contractors:
1. With the same or similar professional license;
2. Providing the same or similar design professional service:
a) In the same or similar locality;
b) At the same or similar time; and
c) Under the same or similar circumstances.
CM/GC shall correct any services performed under this contract that fail to satisfy this section within 30 days after Davis County’s notice to CM/GC is effective under this contract. The rights and obligations of the parties set forth in this section will survive the termination of this contract.
CC. CM/GC agrees that prior to entering into a contract with the County for the services sought through this RFP and for the duration of such contact, CM/GC shall secure and maintain, at its own expense, insurance coverage that satisfies the following:
1. Professional liability insurance, including $1,000,000 per occurrence and $3,000,000 aggregate;
Request for Proposals
Construction Management/General Contractor Services for the
Davis County Emergency Operations Center
Funded with State and Local Fiscal Recovery Funds (“SLFRF”)
Version: 7/1/2022 Page | 26 of 23
2. Occurrence form commercial general liability insurance with the following minimum limits:
a) Each occurrence - $1,000,000.00;
b) Damage to Rented Premises - $100,000.00;
c) Medical Expense (any one person) - $5,000.00;
d) Personal and Adv. Injury - $1,000,000,00;
e) General Aggregate - $2,000,000,00; and
f) Products �" Comp/Op. Agg. - $2,000,000.00;
3. Automobile liability insurance that satisfies the minimum thresholds required by the State of Utah; and
4. Workers compensation and employer’s liability insurance that satisfies the minimum thresholds required by the State of Utah.
DD. CM/GC shall agree to the following indemnification provision: “With respect to any judicial, administrative, or arbitration action, suit, claim, investigation, or proceeding (“Proceeding”) against Davis County, Davis County’s officers, employees, agents, consultants, advisors, and other representatives, and each of their heirs, executors, successor, and assignees (“Davis County Indemnitees”) that arises out of this contract or the acts or omissions of CM/GC (each, a “Claim”), CM/GC shall, for the duration of this contract and for a period of six years after the termination of this contract, indemnify those Davis County Indemnitees against any amount awarded in, or paid in settlement of any Proceeding, including interest (”Loss”), and any expense incurred in defending a Proceeding or in any related to investigation or negotiation, including court filings fees, court costs, arbitration fees, witness fees, and attorneys’ and other professionals’ fees and disbursements (“Litigation Expense”) (Loss and Litigation Expense means “Indemnifiable Losses”) arising out of that Proceeding, except to the extent that Davis County negligently or intentionally caused those Indemnifiable Losses. CM/GC compliance with any provision of this agreement to secure and maintain insurance shall not waive or limit the obligations of this indemnification provision.
EE. Conflicts. Any conflicts between one or more of the following shall be resolved in the following order:
1. Once signed, the contract between Davis County and CM/GC for the services sought through this RFP:
2. The RFP Policy;
3. Davis County’s other policies and procedures;
4. This RFP; and
5. The proposal submitted by CM/GC in response to this RFP.
FF. Utah law governs any judicial, administrative, or other action, suit, claim, investigation, or proceeding (“Proceeding”) brought by one party against the other party arising out of this contract. If either party brings any Proceedings against the other party arising out of this contract, that party may bring that Proceeding only in a state court located in Davis County, Utah (for claims that may only be resolved through the federal courts, only in a federal court located in Salt Lake City, Utah), and each party hereby submits to the exclusive jurisdiction of such courts for purposes of any such Proceeding.
Version: 7/1/2022 Exhibit A | Cover Sheet
EXHIBIT A
(Written Claim of Business Confidentiality and Concise Statement of Reasons Supporting This Claim of Business Confidentiality)
Version: 7/1/2022 Exhibit A | Page 1 of 2
EXHIBIT A
Written Claim of Business Confidentiality and
Concise Statement of Reasons Supporting This Claim of Business Confidentiality
Required: Please check the box directly below that best describes the applicability of this form to the proposal:
 This form does not apply to the proposal being submitted (If You Mark This Box, Stop Here)
 This form does apply to the proposal being submitted and has been filled out completely and accurately (If You Mark This Box, Please Fill Out the Remaining Portions of This Form)
Pursuant to Subsections 63G-2-305(1) and (2), Utah Code Annotated (2021, as amended), and Section 63G-2-309, Utah Code Annotated (2019, as amended), (company name) asserts a claim of business confidentiality to protect certain portions of its proposal. An entire proposal cannot be identified as “Protected.”
Please mark the box or boxes directly below that best describe(s) the ground(s) for this claim of business confidentiality for certain portions of the proposal:
 Trade secrets as defined in Section 13-24-2, Utah Code Annotated (1989, as amended), if the person submitting the trade secret has provided the governmental entity with the information specified in Section 63G-2-309, Utah Code Annotated (2021, as amended) (“Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (a) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy).
 Commercial information or non-individual financial information obtained from a person if: (a) disclosure of the information could reasonably be expected to result in unfair competitive injury to the person submitting the information or would impair the ability of the governmental entity to obtain necessary information in the future; (b) the person submitting the information has a greater interest in prohibiting access than the public in obtaining access; and (c) the person submitting the information has provided the governmental entity with the information specified in Section 63G-2-309, Utah Code Annotated (2019, as amended).
The following is a concise statement of reasons supporting this claim of business confidentiality for the proposal:
Page
Paragraph
Reason
Please use additional sheets, if needed.
Version: 7/1/2022 Exhibit A | Page 2 of 2
Pursuant to Section 63G-2-309 (2019, as amended), you will be notified, at the address provided in the proposal, if either some or all of the proposal claimed to be protected herein is classified “public” by Davis County or if Davis County determines that some or all of the proposal claimed to be protected herein should be released after balancing interests under Subsection 63G-2-201(5)(b), Utah Code Annotated (2019, as amended), or Subsection 63G-2-401(6), Utah Code Annotated (2019, as amended).
Signed: Title:_________________________________________
Printed Name: Date:_________________________________________
Version: 7/1/2022 Exhibit B | Cover Page
EXHIBIT B
(CM/GC Proposal Form)
Version: 7/1/2022 Exhibit B | Page 1 of 1
EXHIBIT B
CM/GC Proposal Form
Name: ______________________________________________________________________________
(Provide the complete legal name of the CM/GC)
Address: ____________________________________________________________________________
City: __________________________________________________ State: ____________ Zip: _______
List one person who Davis County may contact concerning the CM/GC’s proposal.
Name:
Telephone Number:
E-Mail:
The CM/GC’s SAM.gov “Unique Entity ID” is:
I certify that to the best of my knowledge and belief the information contained in this proposal is accurate and complete. I further certify that I am legally authorized by the entity to submit this proposal and bind the CM/GC, and that the CM/GC and its principals:
a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;
b) Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property;
c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default.
By:
Printed Name:
Position or Title:
Date: