Utah Administrative Code
The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).
NOTE: For a list of rules that have been made effective since November 1, 2013, please see the codification segue page.
NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.
R916. Transportation, Operations, Construction.
Rule R916-4. Construction Manager/General Contractor Contracts.
As in effect on November 1, 2013
Table of Contents
- R916-4-1. Purpose.
- R916-4-2. Authority.
- R916-4-3. Policy.
- R916-4-4. Request for Proposals (RFP).
- R916-4-5. Evaluation Team.
- R916-4-6. Evaluation of Proposals and Discussions with Proposers.
- R916-4-7. Acceptable Bid Security; Performance and Payment Bonds.
- R916-4-8. Required Contract Clauses.
- R916-4-9. Selection.
- R916-4-10. Award of Contract.
- Date of Enactment or Last Substantive Amendment
- Notice of Continuation
- Authorizing, Implemented, or Interpreted Law
(1) Pursuant to Section 63G-6-207, this rule establishes the Department's procedures to procure transportation construction under the Construction Manager/General Contractor (CM/GC) approach authorized in Section 63G-6- 501. CM/GC seeks to provide: a savings of time, and cost; improved quality expectations as to the end product, schedule, and budget; and risk management savings through lack of duplication of expenses, and through early, continuous and coordinated efforts.
(1) This rule is authorized by grants of rulemaking authority in Title 63G, Chapter 6, Utah Procurement Code; Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and Sections 72-1-201, 72-2-206, and 72-6- 105.
(1) When the Executive Director or designee determines it appropriate, Department may use CM/GC method of project delivery. CM/GC is not recommended for every project, therefore, the decision to use the method must take into account the factors listed in Subsection 63G-6-501(1)(c).
(1) The Department will issue a request for proposals (RFP) from interested contractors.
(2) The RFP may require separate technical and price proposals, meeting requirements as stated in the RFP.
(3) The RFP may require a minimum mandatory technical level.
(1) The Department may establish a team for evaluating the technical proposals consisting of not more than 7 people.
(2) One member of the team may be a registered professional engineer, selected based on recommendation from the ACEC; and
(3) One member may be a senior management employee of a licensed contractor, selected based on recommendation from the AGC.
(1) The Department shall evaluate proposals, in accordance with the evaluation factors set forth in the RFP.
(2) As part of the qualifications specified in the RFP, the Department may require that potential contractors at least demonstrate their:
(a) construction experience in similar projects;
(b) financial, manpower and equipment resources available for the project;
(c) experience in other negotiated contracts; and
(d) preconstruction or design support experience.
(3) The Department may require that potential contractors participate in formal interviews as part of the selection process.
(1) The Executive Director or designee shall have the right to waive the requirement to provide bid security, or may reduce the amount of such security, if he or she determines that the bid security otherwise required by Utah Code Ann. Sections 63G-6-504 through 507 to be unnecessary to protect the State.
(2) The Executive Director or designee may reduce the amount of the payment and performance bonds below the 100% level required by Sections 63G-6-504 through 507, if he or she determines that a 100% bond is unnecessary to protect the State.
(3) Bid security, payment bonds and performance bonds must be provided on the forms included in the RFP.
The CM/GC contract documents shall include the contract clauses set forth in Utah Administrative Code R23-1-7, subject to such modifications as the Executive Director or designee believes appropriate. Any modifications shall be supported by a written determination of the Executive Director or designee that describes the circumstances justifying the variations, and notice of any material variation shall be included in the RFP.
The basis for selection shall be stated in the RFP. Selection may be based on any of the following approaches.
(1) By the responsible proposer offering the lowest priced responsive proposal. If the RFP includes a mandatory technical level, no proposal shall be considered responsive unless it meets that level; or
(2) By the responsible proposer whose proposal is evaluated as providing the best value to Department.
(1) The Contract will be awarded in two phases. The first is for preconstruction or design services, which may include value engineering, cost estimating, conceptual estimating, constructability reviews, scheduling, and Maintenance of Traffic plans.
(2) The second phase is for construction services. The second phase will be awarded after the plans have been sufficiently developed and a price for construction services has been successfully validated. In the event that a price is not validated, the Department will not award construction phase of the contract.
(3) In order to accelerate completion, incremental construction phases may be awarded after prices are validated for each phase.
(4) The Department is not required to ever award a contract. Following award, however, a contract shall be executed and notice given to the successful CM/GC proposer to proceed with the work.
transportation, highways, contracts, construction
October 11, 2011
March 11, 2010
63G-6-502; 63G-6-207; 72-1-201
For questions regarding the content or application of rules under Title R916, please contact the promulgating agency (Transportation, Operations, Construction). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.