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 (see 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 January 1, 2020, 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 and Progressive Construction Manager/General Contractor Contracts.
As in effect on January 1, 2020
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 Contracts.
- Date of Enactment or Last Substantive Amendment
- Notice of Continuation
- Authorizing, Implemented, or Interpreted Law
(1) Pursuant to Utah Code Section 63G-6a-106(3)(a), this rule establishes the Department's procedures to procure transportation construction under the Construction Manager/General Contractor (CM/GC) approach authorized in Utah Code Section 63G-6a-1302. CM/GC contracting seeks to provide a collaborative project delivery method which may result in: 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 sections 63G-6a-106, 63G-6a-702, and 63G-6a-1302 of the Utah Procurement Code; section 63G-3-201 of the Utah Administrative Rulemaking Act; and subsection 72-1-201(1)(h) of the Utah Transportation Code.
(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 consider the factors listed in Utah Code Subsection 63G-6a-1302(3). When the Executive Director or designee makes such a determination, the procurement officer responsible for the project shall execute and include in the contract file a written statement describing the facts leading to the selection of the method of construction contracting management used for the project.
(2) This rule also applies when the Department uses a variation of CM/GC contracting known as Progressive CM/GC (also referred to in the transportation industry as Progressive Design-Build).
(3) When a Progressive CM/GC contracting approach is used, the Department shall enter into one or multiple contracts to provide both engineering/design services, construction services, maintenance services, or a combination thereof pursuant to a scope of work statement provided by the Department.
(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 shall establish a team for evaluating proposals.
(2) One member of the team may be an employee of a consulting engineering firm, selected based on recommendation from the American Council of Engineering Companies of Utah (ACEC); and
(3) One member may be an employee of a licensed contractor, selected based on recommendation from the Utah Chapter of the Association of General Contractors (AGC).
(4) No evaluation team member may be an employee of any firm that participates in preparing a proposal to be submitted in response to an RFP or RLOI issued by the Department.
(5) Every member of an evaluation team must disclose conflicts of interest pursuant to the requirements of state and federal ethics and procurement law and the Department's Standard Specifications and policies.
(1) The Department shall evaluate proposals, in accordance with the evaluation criteria set forth in the RFP.
(2) As part of the qualifications specified in the RFP, the Department may require that potential contractors, at a minimum, demonstrate their:
(a) Construction experience with similar projects;
(b) financial, manpower and equipment resources available for the project;
(c) experience with other negotiated contracts; and
(d) preconstruction or design support experience.
(3) The Department may require potential contractors to participate in formal interviews as part of the selection process.
(1) The Executive Director or designee shall have the authority 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 Part 11 of the Utah Procurement Code 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 Part 11 of the Utah Procurement Code, 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.
(1) The Department shall comply with Section 63G-6a-1202 regarding clauses for contracts. The Department shall establish standard contract clauses to assist the Department and to help contractors and potential contractors to understand applicable requirements. These standard contract clauses may be modified as needed to meet the requirements of individual projects.
(2) All definitions in the Utah Procurement Code apply to this Rule unless otherwise specified in this Rule. This administrative rule provides additional requirements and procedures and must be used in conjunction with the Procurement Code.
(3) All contracts shall include text that allows the Department to terminate the contract for cause at any time, or without cause after providing the contractor with reasonable notice. The Department will pay the contractor the amount owing as of the termination date.
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;
(2) By the responsible proposer whose proposal is evaluated as providing the best value to Department;
(3) By the responsible proposer whose proposal is evaluated as representing the most qualified proposer; or
(4) Other approaches as determined by the Executive Director or designee, which satisfy the requirements of the Utah Procurement Code.
(1) The CM/GC approach consists of the following two contract phases:
(a) Preconstruction or design services, which may include value engineering, cost estimating, conceptual estimating, constructability reviews, scheduling, and Maintenance of Traffic plans.
(b) Construction services, which will be awarded after the plans have been sufficiently developed and a price for construction services has been successfully validated and accepted. In the event that a price is not validated and accepted, the Department shall not award the construction phase of the contract. Incremental construction contracts may be awarded after prices are validated and accepted for each contract. The Department may choose to retain any of the parties if the construction/design services phase of the contract is not awarded.
(2) The Department shall not be required to award a contract during either of the contract phases. However, following an award, the Department shall provide notice of the award to the successful CM/GC proposer followed by a notice to proceed with the work.
(3) Contractors or contractor teams must not begin work before receiving the notice to proceed with work described in rule R916-8-12(2).
transportation, highways, contracts, construction
April 23, 2018
July 9, 2015
63G-6a-1302; 63G-6a-106(3)(a); 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.