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Item 3.15 South Central Water Treatment Authorize Issuance of a Request for Proposals for CMAR Services Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Utilities Utility Manager Neidermeier October 13, 2025 PRESENTER(s) REVIEWED BY: ITEM #: Consent AE2S Engineer Schaefer City Administrator/Finance Director Flaherty 3.15 – SC Water Treatment – Phase 1 - CMAR RFP STRATEGIC VISION MEETS: THE CITY OF OTSEGO: Is a strong organization that is committed to leading the community through innovative communication. X Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City Staff is recommending City Council approval concurrence to move to the second step for procurement of Construction Manager at Risk (CMAR) services via the two-step process outlined in Minnesota Statute for the South Central Water Treatment (SCWT) project. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKGROUND/JUSTIFICATION: The City Council previously authorized advertisement of the CMAR request for qualifications (RFQ), which was the first step in selecting a CMAR to provide pre-construction services for the treatment portion of the project. The statements of qualifications (SOQs) from four candidate CMARs were received and were scored by the selection committee. The selection committee is recommending three candidate CMARs for “short listing”, and the short-listed candidates will receive the Request for Proposals (RFP). The RFP stage is the second step in Minnesota’s two-step CMAR procurement process. The RFP was reviewed with the Public Works Subcommittee on September 17, 2025, as well as by the City Attorney’s office. The City Council discussed and reviewed the RFP at their special meeting at 5:30PM on October 13, 2025. Following issuance of the RFP to the short-listed CMARs, proposals will be received in early November with interviews anticipated in mid-November with the intent of the selection committee making a recommendation to Council in December. Note that dates listed in the attached RFP are based upon the assumption of Council approval to issue the RFP at the October 13, 2025, Council meeting. SUPPORTING DOCUMENTS ATTACHED: • Draft South Central Water Treatment – CMAR RFP POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to authorize issuance of the RFP for the “South Central Water Treatment – Phase 1” pre-construction services. BUDGET INFORMATION FUNDING: BUDGETED: Fund 601 – Drinking Water Utility Yes This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i of iii REQUEST FOR PROPOSALS RFP – CMAR SERVICES OTSEGO SOUTH CENTRAL WATER TREATMENT CITY OF OTSEGO, MINNESOTA ISSUED DATE: OCTOBER 14, 2025 DUE DATE: 2:00 PM NOVEMBER 6, 2025 This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page ii of iii Table of Contents ADVERTISEMENT OF REQUEST FOR PROPOSALS ...................................................................... 1 Article 1— General Information ................................................................................................................ 3 1.01 Definitions ................................................................................................................................ 3 1.02 Project Description ................................................................................................................. 3 1.03 Proposer’s Services and Roles and Responsibilities ....................................................... 6 1.04 Procurement Process .......................................................................................................... 10 1.05 Proposal Documents............................................................................................................ 11 1.06 Information Conference ....................................................................................................... 12 1.07 Examination of Proposal Documents ................................................................................ 12 1.08 Site Visit ................................................................................................................................. 12 1.09 Addenda ................................................................................................................................. 13 1.10 Confidentiality of Submitted Information ........................................................................... 13 Article 2— Examination of the Proposal Documents .......................................................................... 15 2.01 Proposal Documents............................................................................................................ 15 Article 3— Instructions for Preparing the Proposal ............................................................................. 16 3.01 Preparation Instructions ...................................................................................................... 16 3.02 Proposal Content .................................................................................................................. 16 Article 4— Submitting the Proposal ....................................................................................................... 21 4.01 Delivery of Proposal ............................................................................................................. 21 4.02 Opening of Proposals .......................................................................................................... 22 Article 5— Evaluation of Proposals and Award of Contract .............................................................. 23 5.01 General Information ............................................................................................................. 23 5.02 Evaluation Criteria ................................................................................................................ 23 5.03 Selection of CMAR ............................................................................................................... 24 Article 6— Conditions of Proposers ...................................................................................................... 25 6.01 Confidentiality of Submitted Information ........................................................................... 25 6.02 Ineligible Firms and Individuals .......................................................................................... 25 6.03 Rights of Owner .................................................................................................................... 25 6.04 Obligation to Keep Project Team Intact ............................................................................ 26 6.05 Addenda ................................................................................................................................. 26 6.06 Protests .................................................................................................................................. 26 6.07 Conflicts ................................................................................................................................. 26 This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page iii of iii ATTACHMENT A – PROJECT BACKGROUND DOCUMENTS ...................................................... A ATTACHMENT B – PRICE PROPOSAL ............................................................................................... B ATTACHMENT C – GENERAL CONDITIONS ..................................................................................... C ATTACHMENT D – SUPPLEMENTARY CONDITIONS ..................................................................... D ATTACHMENT E – AGREEMENT ......................................................................................................... E ATTACHMENT F – CMAR CONTRACT EXCEPTIONS/ACCEPTANCE ........................................ F This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 26 ADVERTISEMENT OF REQUEST FOR PROPOSALS OTSEGO SOUTH CENTRAL WATER TREATMENT CITY OF OTSEGO OTSEGO, MINNESOTA General Notice: The City of Otsego (Owner) received Statements of Qualifications from prospective Construction Managers at Risk (Proposers) on October 1, 2025, for the following project: Project: Otsego South Central Water Treatment Owner Project No.: 4202408 Engineer Project No.: P05409-2024-005 Owner has ranked the Proposers using the methodology stated in the Request for Qualifications. Based on such rankings, Owner hereby requests that the following CMAR entities (Proposers), listed in alphabetical order, submit a Proposal to the Owner: 1. Journey Construction 2. Magney Construction, Inc. 3. Rice Lake Construction Group As of the date of this Request for Proposals (RFP), Owner has not requested Proposals from any prospective Construction Managers at Risk other than the Proposers listed above, and no other Proposers may submit Proposals or otherwise compete for an award of the CMAR Contract. Owner will reject any unrequested Proposals. Each potential Proposer should provide the Engineer, within five (5) business days of RFP issue date, an acknowledgement that they have received the RFP and are a potential Proposer. Receipt of Proposal: For this project, Proposals will be accepted only via the online electronic bid service through Quest Construction Data Network (QuestCDN) until Thursday, November 6, 2025 at 2:00 P.M. local time. After that time, Owner will no longer accept Proposal submittals. Prospective Proposers must be on the plan holders list through QuestCDN for Proposal to be accepted. This Quest CDN site will be password protected, and an initial password will be provided to the shortlisted proposers via email. Submissions shall be prepared at the Proposer’s expense and become a record of the Owner and therefore a public record. Owner is subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (“MGDPA”). All data submitted by Proposer is subject to the requirements of the MGDPA and corresponding Minnesota Rules. Proposal Documents: Digital copies of the Request for Proposal (RFP) documents are available from http://www.AE2S.com or http://www.questcdn.com for a fee. Said documents may be downloaded using the following QuestCDN Project #9907824. This is a private QuestCDN project, and a password will be provided via email. Please contact QuestCDN at 952-233-1632 or info@questcdn.com for assistance in free membership registration, downloading, and working with this digital project information. The RFP is subject to revision after the date of issuance via This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 26 written addenda. Any such addenda will be posted to QuestCDN. It is the responsibility of each Proposer to obtain all RFP addenda prior to submitting their Proposal. Neither Owner, Owner’s Advisors, nor Engineer will be responsible for any documents, including addenda, if any, obtained from sources other than QuestCDN. Project Funding: This Project is being funded by municipal bonds. Information Conference, Site Visits, & Interviews: Information regarding informational conferences, site visits, and interviews can be found in the RFP Documents. Owner’s Rights Reserved: The best value Proposal, based on the RFP criteria, will be selected for contract negotiations and award. However, Owner, acting through its duly authorized representatives, shall have the right to reject any and all Proposals and waive any informality or irregularities contained in Proposals received. No Bidder may withdraw their bid for a period of sixty (60) days after the bid opening. Contract Price and Completion of Work: Owner anticipates that the CMAR’s Contract Price will be approximately $25 million to $30 million. The CMAR Contract has an expected construction start date of August 2026 with an anticipated substantial completion of December 2028. Direct inquires in writing via email to Engineer; Ben Julson, PE at Ben.Julson@AE2S.com and Ryan Hanson, PE at Ryan.Hanson@AE2S.com. This Transmittal Letter is issued by: Owner: City of Otsego By: Adam Flaherty Title: City Administrator & Finance Director Date: October 14, 2025 This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 26 ARTICLE 1—GENERAL INFORMATION 1.01 Definitions A. Terms used in the Proposal Documents have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms have the meanings indicated below. 1. Proposal Documents—The Advertisement of Request for Qualifications (Advertisement), Request for Qualifications, Statement of Qualifications, Request for Proposals, Proposal, and Proposal Bond. 2. Proposer—A Construction Manager at Risk (CMAR) entity that submits a Statement of Qualifications and, if invited to do so in a two-step selection process, submits a Proposal for the CMAR Contract. 3. Request for Qualifications (RFQ)—The document issued by Owner to prospective Proposers requesting that they submit qualifications and other information to be used by the Owner in ranking Proposers and either selecting the successful Proposer in a one-step selection process or determining which Proposers in a two-step selection process will be invited to submit a Proposal for the CMAR Contract. 4. Statement of Qualifications (SOQ)—The document submitted to Owner by a Proposer in response to the RFQ, including any completed forms, attachments, and exhibits, to demonstrate experience, competence, and ability to successfully perform the CMAR Services and furnish and complete the Work. 5. Request for Proposal (RFP)—The document issued directly to the most highly ranked Proposers in a two-step selection process based on evaluations of the submitted Statements of Qualifications, asking each selected Proposer to submit a Proposal for providing CMAR Services and furnishing and completing the Work. 6. Proposal—The document submitted to Owner by a Proposer in response to the RFP, including any completed forms, attachments, and exhibits presenting the compensation (price) terms to be included in the Agreement between Owner and Construction Manager at Risk if the selected Proposer is awarded the CMAR Contract. 7. Proposal Bond—The surety bond provided by Proposer at the time the Proposal is submitted and held by Owner until the Agreement is executed and the evidence of insurance and bonds required by the Contract Documents are provided. B. In addition to terms specifically defined, terms with initial capital letters in the Proposal Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1.02 Project Description A. The Project is identified as follows: Owner: City of Otsego, Minnesota Project: Otsego South Central Water Treatment Owner Project No.: 4202408 Engineer Project No.: P05409-2024-005 B. The scope of the CMAR Contract is summarized as follows: This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 26 1. The draft CMAR Contract is included with the RFP (see Attachment E) to short- listed Proposers. 2. Owner and Engineer propose the following tentative Project Schedule and Milestones: 30% Design Deliverable: November 2025 60% Design Deliverable: January 2026 90% Design Deliverable: March 2026 100% Design Deliverable: May 2026 Finalize GMP May 2026 Estimated Construction Start(1): August 2026 Estimated Substantial Completion: December 2028 a. Actual Contract Times will be developed during the Preconstruction Phase to determine the earliest completion date while optimizing the cost of construction. The Contract Times will then be established along with the GMP, and for Work Authorizations as appropriate. As part of the preparation of this Proposal and any other Proposal Document submitted by the Proposer, Proposer shall assume that the Project is to be substantially complete by the date indicated above. 3. Owner’s Objectives: a. Owner’s goals for the Project and the CMAR are as follows: 1) Quality: Deliver the proposed facilities consistent with the project design and specifications that will reliably meet the project technical requirements. 2) Risk: Achieve an optimal balance of risk allocation between the Owner and the CMAR. 3) Safety: Implement a comprehensive safety program that incorporates industry best practices. 4) Cost: Maximize value to Owner and mitigate life-cycle cost by contributing to the design process. 5) Schedule: Provide real-time market insights to help the design team be aware of any market conditions or forces that may affect schedule. 6) Coordination: Minimize construction conflicts and potential re-work. Maximize construction efficiency, equipment and material procurement and delivery scheduling, and on-site use of CMAR and Subcontractor facilities and construction equipment to meet Project requirements. 7) Project Startup and Commissioning: Achieve full system test and mechanical completion within the agreed upon project schedule(s). This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 26 b. Owner selected CMAR as the delivery method for the following advantages: 1) Collaboration: Owner expects the CMAR to collaborate closely with Owner and Engineer during the Preconstruction Phase to review the design and provide a detailed and transparent estimate to help determine if design is within budget, and if not, the estimate will allow for identification of phasing that may be required to meet budget. If value engineering or redesign is needed, work with the Owner and Engineer to provide direction for the design(s) to achieve the Owner’s objective of a mutually agreeable Guaranteed Maximum Price (GMP) for delivery of the Project. 2) Construction: Owner expects the CMAR to plan, sequence, and construct the facilities as designed and within the agreed upon price and schedule. 4. Project Background: a. The Owner operates a municipal water distribution system comprised of ten (10) municipal wells ranging in capacity from 400 gallons per minute (gpm) to 1,200 gpm, which feed into four (4) existing wellhouses. Two of the wellhouses are currently in various stages of design and construction to add pressure filtration systems for the removal of iron, manganese, and radium. Due to ongoing residential growth, the City of Otsego’s drinking water capacity is projected to require capacity expansion by 2029. The next planned phase to increase capacity is the South Central wellfield and the associated South Central Water Treatment (SCWT) facility, which, based on the water quality of other wells in the system, is also expected to require filtration. The SCWT’s target capacity is 2,700 gpm for Phase 1 with a buildout capacity of 4,500 gpm in the future. Site planning for the proposed water treatment facility is ongoing. b. Project Background Documents including the preliminary process flow diagram, preliminary process & instrumentation diagram (P&ID), preliminary site plan & building layout, preliminary process & instrumentation diagram, and preliminary specification table of contents can be found in Attachment A. 5. Project Scope: a. It is anticipated that the Project will consist of the following major components: 1) Construction of on-site utilities, including the following components. All off-site utilities will be constructed by others. a) Raw water mains within the site to connect municipal wells, both on-site and off-site, to the water treatment building. b) Finished water mains within the site to convey treated water from the water treatment building to the connection point with the City’s distribution system. c) On-site sanitary infrastructure to convey building and process waste to the City’s existing collection system; a lift station may be required. This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 26 d) Other utilities: natural gas, electric, and communications utilities are anticipated to be brought on-site by the respective utility providers and will include a defined point of connection for the CMAR scope. 2) Construction of a water treatment facility with a capacity of 2,700 gallons per minute (gpm), expandable to 4,500 gpm, located in the south-central part of Otsego, including the following components: a) Forced draft aerators. b) Detention basins. c) Concrete gravity filters consisting of a 18-inch layer of greensand plus media and a 12-inch layer of anthracite media. d) Chemical storage and feed systems consisting of 1-ton chlorine gas cylinders, polyphosphate, and fluoride. e) Finished water clearwell / ground storage reservoir, volume to be defined through the design process. f) High service pump station comprised of two (2) high service pump chambers, one (1) backwash pump chamber, associated pumps, process piping, appurtenances, etc. g) Two (2) backwash tanks, each sized to hold one complete backwash cycle, with associated reclaim pumping and sludge waste pumping systems; a plate settler may be included depending on final design. h) Blower and associated piping and appurtenances to provide air scour backwashes. i) Administration spaces including a training room, offices, restroom, locker room, laboratory, server room, and control room. j) Electrical room and electrical equipment and instrumentations & control (I&C) equipment required to operate the facility. k) Mechanical room and mechanical equipment required to operate the facility. l) Garage and maintenance area. m) Site work including driveways, yard piping, stormwater systems, landscaping, lighting, etc. n) Power to site and emergency backup generator. 6. Project Budget and Funding: a. This Project is being funded by municipal bonds. b. The Engineer’s opinion of probable cost for construction is estimated to be $25 million to $30 million. 1.03 Proposer’s Services and Roles and Responsibilities A. Proposer’s Services: 1. Preconstruction Phase Services: This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 26 a. Refer to Exhibit A – Scope of CMAR Services of the Draft CMAR Contract included with this RFP for a detailed list of Preconstruction Phase Services for this Project. 2. Construction Phase Services: a. Following acceptance of the GMP by the Owner and execution of a construction contract (i.e. Work Authorization) between the Owner and CMAR, the CMAR will competitively procure all subcontractors and vendors and will be responsible for the project’s construction, startup, commissioning, operator training and support, performance testing, and warranty services as agreed to in the CMAR contract and the GMP Amendment(s). b. Construction Phase services may include but are not limited to: 1) Provide final design input; 2) Complete all work within the agreed upon GMP and GMP Amendment(s), if any; 3) Fully transparent and open-book reporting of all costs incurred against the GMP and GMP Amendment(s), if any; 4) Procurement and management of all construction materials, equipment, and labor with vendors and subcontractors; 5) Manage supply chain to ensure timely delivery of materials, equipment, etc.; 6) Procure and manage subcontractors; 7) Provide Construction Management services and coordination; 8) Manage submittal and Request for Information (RFI) processes; 9) Construction scheduling and monthly updates; 10) Manage and address Risk Mitigation and maintain a project-specific risk register; 11) Field management; 12) Quality assurance and quality control; 13) Bonding and insuring the Work; 14) Compliance with all federal, state, and local permitting and code requirements; 15) Construction job site safety; 16) Deliver constructed work; 17) Manage self-performed and subcontracted work; 18) Provide startup, commissioning, and performance testing; 19) Provide operator training; 20) Provide timely and complete submission of manufacturer’s equipment Operations and Maintenance materials; 21) Provide warranty period services; and This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 26 22) All other Construction Phase Services required for a complete and functional project. B. Roles and Responsibilities: 1. Owner: Owner will cooperate with the CMAR and will fulfill its responsibilities in a timely manner to facilitate the CMAR’s timely and efficient performance of services. a. Owner’s responsibilities include: 1) Manage contracts with Engineer and CMAR; 2) Manage interface between design and construction teams; 3) Review Pre-construction Phase deliverables and submissions; provide comments to CMAR in a timely manner; 4) Make timely decisions when presented with the proper information, and schedule for when decisions need to be made; 5) Furnish existing studies and provide relevant and available data and information regarding the project, including record drawings, preliminary studies, etc.; 6) Assist in field-verifying existing conditions; 7) Communication of sequencing constraints, (e.g., allowable shutdown durations, regularly scheduled maintenance, etc.); 8) Provide information and perform (or engage CMAR or Engineer to perform) additional studies that may be necessary to complete the project; 9) Approve design and construction plans; 10) Provide funding; 11) Provide access to the project site and any necessary easements; 12) Obtain the governmental approvals and permits that Owner is responsible for and assist the CMAR in obtaining governmental approvals and permits that the CMAR is responsible for; 13) Participate in construction Project meetings; 14) Monitor construction activities; 15) Coordinate engineering services during construction; 16) Respond in a timely manner to construction submittals and RFI responses (e.g., submittals, requests for information, notices, etc.) as defined in the contract; 17) Provide all 3rd Party Materials Testing and Special Inspections work; 18) Approve scope changes; 19) Provide necessary data and inputs (e.g., raw water quality, etc.) for project startup and performance testing; This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 26 20) Participate in the early development of the facility commissioning plan with responsibilities clearly delineated; 21) Manage Engineer’s preparation of facility Operations and Maintenance manual; and 22) Engage meaningfully in commissioning, startup, and training activities and prepare for hand-off from CMAR. 2. CMAR: The CMAR will cooperate with Owner and Engineer and will provide the Preconstruction Phase and Construction Phase Services necessary to complete the Project and project scopes specified in this RFP. a. CMAR responsibilities include: 1) Maintain single point of contact with Owner’s Project Manager for construction-related items; 2) Provide input to and coordinate with Engineer for design and construction; 3) Maintain as-built construction documents; 4) Supervise subcontractors and CMAR personnel; 5) Obtain necessary governmental approvals and permits. Lead the construction permitting process and obtain required construction permits. Owner and Engineer will participate and provide assistance with permitting process as applicable; 6) Perform risk management and mitigation activities; 7) Maintain site security; 8) Conduct acceptance testing; 9) Develop and implement project management plans and quality management procedures (including quality control and quality assurance). Quality management of contracts will include: (1) Coordination/constructability reviews of each bid package by the CMAR prior to issuing bid documents to subcontractors; (2) Complete and ensure construction of the work is in strict accordance with the quality requirements established by the contract documents; (3) Assemble and issue 3rd Party Materials Testing and Special Inspections bid packages to local vendors for direct contract to CMAR; (4) Coordinate CMAR’s 3rd Party Materials Testing and Special Inspections work with Subcontractors; 10) Establish and maintain budget cost management plan; 11) Develop and implement Project health and safety practices; 12) Facilitate resolution of Project issues and challenges; This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 26 13) Coordinate construction activities with and lead assigned testing, commissioning, startup, and training activities, coordinating with Owner’s Operations and Maintenance staff to minimize impacts; 14) Provide timely and complete submission of manufacturer’s equipment Operations and Maintenance materials; and 15) Additional roles and responsibilities as described in the Pre-construction and Construction Phase Services sections. 3. Engineer: Engineer will prepare all design documents, work collaboratively with Owner and the CMAR, and provide services during construction to supervise that the project construction conforms to the design and Owner’s objectives. 1.04 Procurement Process A. On behalf of the Owner, Engineer shall administer the RFP process. All communications shall be submitted in writing, by email, and shall specifically reference this RFP. All questions or comments about the meaning or intent of the Proposal Documents, Addenda, and the related supplemental data shall be directed to Ben Julson, PE (MN), Project Manager, at Ben.Julson@AE2S.com and Ryan Hanson, PE (MN), Assistant Project Manager, at Ryan.Hanson@AE2S.com. Only questions or comments from short-listed CMAR firms are permitted. Questions or comments from suppliers, vendors, etc. are not permitted as part of the RFP process. Inquiries must be received no later than seven (7) calendar days prior to the date for submittal of the Proposal. Questions received less than seven calendar days prior to the submittal of the Proposal may or may not receive an official response via addenda. Responses will be submitted to all short-listed proposers. B. Responses to questions or inquiries do not modify or supplement the Proposal Documents, including any draft Contract Documents, unless set forth in an Addendum that expressly modifies or supplements such documents. Any response that requires modification or supplementation of the Proposal Documents, including any draft Contract Documents, will be made by Addendum emailed to each Proposer’s representative. Owner or Engineer will not be responsible for any explanations or interpretations other than those posted. C. No oral communications from the Project Manager, Engineer, or any other individual are binding. No contact with Owner staff or any public official concerning the Project during the procurement process outside of formal procurement meetings that concern the project is allowed. Violations of this provision will result in disqualification of Proposer. D. The Owner is issuing this RFP as the second step in a two-step process for selecting a CMAR. 1. First Step (complete) – RFQ: Owner will receive and evaluate SOQ based on the prescribed selection criteria (which will not include price) to determine which of the responding Proposers the Owner deems most qualified to deliver the Project. Owner will identify no more than three (3) Proposers that will continue in the selection process. 2. Second Step – RFP: Owner will issue the RFP to no more than three (3) Proposers deemed most qualified to deliver the Project, inviting each thus identified to submit proposed prices for CMAR Services, Construction Support Costs, and the CMAR Fee on the Cost of the Work. This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of 26 3. The price information submitted in the Proposal, and the scoring of qualifications from the SOQ previously submitted, all as adjusted by Interviews, if any are conducted, will be used to prepare a final ranking of Proposers and identification of the successful Proposer to which an award of the CMAR Contract will be issued. E. Each potential Proposer should provide the Engineer, within five (5) business days of RFP issue date, an acknowledgement that they have received the RFP and are a potential Proposer. Such acknowledgement shall identify and provide full contact information for the Proposer’s representative, who shall be the Proposer’s single point of contact for the receipt of any future documents, notices, and addenda associated with this RFP. Such acknowledgment must be sent in writing and a copy electronically transmitted to the Owner contact. F. Each prospective Proposer must be on the plan holders list through QuestCDN for Proposal to be accepted. Only plan holders will receive any future documents, notices, and addenda associated with this RFP issued by Owner. G. Selection Process Schedule 1. The tentative selection process schedule is as follows: RFP Release October 14, 2025 Pre-Proposal Meeting, Site Visit TBD Questions Deadline October 30, 2025 Proposals Due November 6, 2025 Interviews November 17 – November 21, 2025 City Council Award of CMAR Firm December 8, 2025 Contract Finalization December 2025 Pre-construction Phase Notice to Proceed January 2026 1.05 Proposal Documents A. Digital copies of the RFQ documents are available from QuestCDN at http://www.questcdn.com for a fee. Said documents may be downloaded using the following QuestCDN Project #9907824. This is a private QuestCDN project; therefore, access will require a password, which will be sent to the shortlisted proposers via email. B. Proposers must obtain a complete set of the Proposal Documents for use in preparation of the Proposal. Proposers are responsible for ensuring that a complete set of documents is used and assume sole responsibility for errors or misinterpretations resulting from the use of incomplete Proposal Documents. Owner and Engineer may provide additional Proposal Documents as attachments to the RFP documents. This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 of 26 C. Owner shall make copies of the Proposal Documents, including any Addenda and related supplemental data, available to short-listed Proposers only to obtain Proposals and does not confer a license or grant permission or authorization for any other use. Authorization to download documents includes the right for Proposers to print documents for their use. Electronic or printed documents may not be re-sold under any circumstances. 1.06 Information Conference A. Owner does not presently plan to conduct a general Information Conference regarding the CMAR Contract and CMAR selection process. B. See “Site Visit” section below. 1.07 Examination of Proposal Documents A. Proposer shall examine the Proposal Documents before submitting a Proposal. 1. Carefully study the Proposal Documents, including any draft or supplemental information made available to the Proposer. 2. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work. 3. Make observations and investigations, correlate knowledge and observations with the requirements of the Proposal Documents and consider these in preparation of a Proposal. 4. Determine that the Proposal Documents, Addenda, and supplemental data are adequate to indicate and convey understanding of all terms and conditions for preparing a Proposal. 5. Promptly notify the Engineer of all conflicts, errors, ambiguities, or discrepancies that the Proposer discovers in the Proposal Documents, Addenda, or supplemental information. B. The submission of a Proposal will constitute an incontrovertible representation by the Proposer that it has complied with every requirement of the RFP and other Proposal Documents, that the Proposer has given the Owner’s Advisor written notice of all conflicts, errors, ambiguities, and discrepancies that the Proposer has discovered in the Proposal Documents, and that the Proposal Documents indicate and convey understanding of all terms and conditions required for preparation of the Proposal. 1.08 Site Visit A. Proposer is allowed to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. B. Owner will schedule the Site Visit between October 20, 2025 to October 31, 2025 at a time to be coordinated with the short-listed Proposers. The Site visits are intended to be one proposer at a time to maximize collaboration during the visits. Proposers are required to arrange their own transportation to the Site. All access to the Site other than during this scheduled Site visit must be coordinated through the Owner’s Advisor. C. No verbal statements made by Owner or Engineer supersedes the RFQ, RFP, Draft CMAR Contract, or any other Proposal Document. If any changes to Proposal This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 of 26 Documents need to be made as a result of one of the Site visits, direction will be given in writing by Addenda. 1.09 Addenda A. Owner or Engineer, on their own initiative, may issue Addenda to clarify, correct, modify, supplement, or change the Proposal Documents. Proposer is responsible for being aware of all Addenda issued. B. Proposer must submit all questions about the meaning or intent of the Proposal Documents, Addenda, and the related supplemental data to Ben Julson, PE (MN), Project Manager, at Ben.Julson@AE2S.com and Ryan Hanson, PE (MN), Project Engineer, at Ryan.Hanson@AE2S.com in writing. Questions received less than seven (7) days prior to the date for opening of Proposals may not be answered. C. Questions may be responded directly via email. Responses to questions do not modify or supplement the Proposal Documents, including any draft Contract Documents, unless set forth in an Addendum that expressly modifies or supplements such documents. Any response that requires a modification or supplementation of the Proposal Documents, including any draft Contract Documents, will be made by Addendum posted on the designated website. Owner will not be responsible for any explanations or interpretations other than those posted. 1.10 Confidentiality of Submitted Information A. Owner is a governmental body subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (“MGDPA”). All data submitted by Proposer is subject to the requirements of the MGDPA and corresponding Minnesota Rules. Owner intends to review the Proposal, and any other document submitted by Proposer, and presumes that all bid information is public. As a governmental body, Owner has limited authority to withhold confidential information submitted by Proposers when presented with an open records request. B. SOQs, Proposals, and other documents submitted by the Proposer will be opened in a manner consistent with Minnesota Statutes, Section 13.591, subds. 3(b) and 4. C. Proposer acknowledges and agrees that it will be solely responsible for submitting any arguments, authorities, or other information to the agency having jurisdiction regarding release of the information that the Proposer deems private, proprietary, trade secret, or confidential, and that if disclosure is required by the agency having jurisdiction, the Owner has no liability for releasing this information and Proposer will not be entitled to exercise any remedy for a disclosure made pursuant to the laws and regulations. D. If Owner is requested or becomes legally compelled, by oral questions, interrogatories, requests for information or documents, subpoena, civil or criminal investigative demand, public information requests, including requests under the MGDPA or other applicable laws and regulations, or similar process, or is required by a regulatory body to make any disclosure that is prohibited or otherwise constrained by this RFP, Owner will provide Proposer with prompt notice of this request so that Proposer may seek an appropriate protective order or other appropriate remedy. Any such effort by a Proposer to seek or obtain a protective order or other remedy shall be at the Proposer’s sole cost and expense. This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 of 26 E. By submitting a Proposal, the Proposer consents to the procedure outlined in this section of the RFP as its sole remedy and waives any claim against the Owner because of actions taken under this procedure. 1. Notwithstanding any other provision of the RFP, it is stipulated and agreed that by accepting a SOQ or Proposal, the Owner has not and does not waive any immunities or limitations on liability. 2. To the extent that the Owner withholds from disclosure all or any portion of Proposer’s documents at Proposer’s request, Proposer, by submitting a SOQ or Proposal in response to this RFQ or RFP agrees to fully indemnify, defend, and hold harmless Owner from all damages, penalties, attorneys’ fees and costs the Owner incurs related to withholding information from public disclosure. This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 of 26 ARTICLE 2—EXAMINATION OF THE PROPOSAL DOCUMENTS 2.01 Proposal Documents A. In preparing the Proposal, each Proposer must thoroughly examine the Proposal Documents made available to all prospective Proposers in the SOQ step of the CMAR selection process, all duly issued Addenda, and the following supplemental Proposal Documents issued exclusively to the Proposers listed below as attachments to this RFP. B. Supplemental Proposal Documents: 1. Request for Proposal; 2. Informational Documents including: a. RFP Attachment A: 1) Preliminary Process Flow Diagram 2) Preliminary P&IDs 3) Preliminary Building Layout & Site Plan 4) Preliminary Specification Table of Contents 3. Proposal (see RFP Attachment B, Form 1 and Form 2); and 4. Proposal Bond (see RFP Attachment B, Form 3). 5. Front-End Contract Documents, including: a. General Conditions (see RFP Attachment C); b. Supplementary Conditions (see RFP Attachment D); c. Agreement (see RFP Attachment E); and 1) Prior to executing the Agreement, proposer shall provide the following documentation: a) Responsible Contractor Verification Form; b) Non-Collusion Affidavit Form; and c) State of MN Affirmation Action Certification Form. 2) Proposer is not required to submit this information with its Proposal. 6. Contract Exceptions or Acceptance (see RFP Attachment F). This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 of 26 ARTICLE 3—INSTRUCTIONS FOR PREPARING THE PROPOSAL 3.01 Preparation Instructions A. The content requirements set forth in this RFP represent the minimum content requirements for the Proposals. It is the Proposer’s responsibility to include all required information in its Proposal and to present the material so that only directly relevant information is included in the Proposal. Unnecessary materials, marketing or brochures are not to be included in Proposals and may result in rejection or down- graded scoring. B. The Proposal must be on 8½ × 11- inch formatting with 1-inch or greater margins, excluding the transmittal letter, index or table of contents, front and back covers, title pages/separation tabs, appendices, or forms. Proposer shall use 11 x 17- inch format pages as needed to present information such as diagrams, graphs, etc. that may require larger print. The use of 11 x 17- inch pages shall be on as-needed basis. 11- point font or greater must be used. C. All information shall be computer typed. No handwritten responses are permitted. 3.02 Proposal Content A. Transmittal Letter 1. Proposers must submit a transmittal letter (one-page maximum) on the Proposer’s letterhead. It must be signed by a representative of the Proposer who is authorized to sign such material and to commit the Proposer to the obligations contained in the Proposal. The Transmittal Letter must include the name, address, phone number, and email address for the Proposer contact and must specify who would be the CMAR’s signatory to any contract documents executed with the Owner. The Transmittal Letter must also affirm receipt of all addenda. The Transmittal Letter may include other information deemed relevant by the Proposer. B. Index or Table of Contents 1. Provide a Table of Contents for each section of the Proposal. C. Executive Summary 1. The executive summary (maximum three (3) must include a concise overview of the key elements of the Proposal. The executive summary shall not be used to convey additional information not found elsewhere in the Proposal. D. Part 1 – Changes from Proposer’s Statement of Qualifications 1. If any information provided in the Proposer’s SOQ has changed between the SOQ submittal date and the Proposal submittal date, these changes must be fully described in Part 1. Changes may include such adjustments as key staff, experience, schedule commitment, or availability. 2. Owner reserves the right, at its sole discretion, to eliminate Proposals from further consideration if it is determined that the change was significant enough to have affected Owner’s decision to short-list the Proposer. E. Part 2 – Draft Scope of Preconstruction Phase Services This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 of 26 1. Proposers must submit a Draft Scope of Preconstruction Phase Services based on the following: a. CMAR Scope of Services provided in Article 1.03.A.1 of the RFP. b. Proposer’s understanding of the Project, including potential staging/constraint concerns. c. Proposer’s established preconstruction best practices. d. Proposer’s GMP modelling, proposal contents, costing approach, and negotiation methods to ensure transparent, cost defensible (as per law and per public request), and streamlined GMP negotiations. 2. This Draft Scope of Preconstruction Phase Services will be used along with the scope described in Exhibit A of the Draft CMAR Contract and the Price Proposal submitted by the Proposers to negotiate a preconstruction scope of services and fee. Proposers must explicitly identify any scope items Proposers are including beyond those outlined in the CMAR Scope of Services provided in Article 1.03.A.1 of the RFP. See RFP Article 3.02.F for how to indicate if Proposers has comments or exceptions. F. Part 3 – Comments/Exceptions to the Draft CMAR Contract 1. Proposers must include a list of any comments and/or exceptions the Proposer has for Owner’s Draft CMAR Contract using the form provided in this RFP (see Attachment F). Proposals shall include any and all revisions requested by the Proposer, and if appropriate, the acceptable or preferred alternative language. 2. Owner intends to negotiate the CMAR Contract. However, the content of the Comments/Exceptions to the Draft CMAR Contract may be considered by the Owner as an offer that Owner can elect to accept, resulting in a binding contract with the Proposer without further contract negotiations. In the event the Proposer has no comments/exceptions to the Draft CMAR Contract, this section of the Proposal shall clearly state so. 3. Proposers are encouraged to suggest revisions that would more efficiently allocate risk, improve the parties’ understanding of risk allocation, and improve clarity of any terms in the Draft CMAR Contract where ambiguities or uncertainties may arise in their application or interpretation. 4. Owner is not obligated to accept any of the Draft CMAR Contract revisions, exceptions, or modifications requested in the Proposal when negotiating and finalizing the CMAR Contract. Owner may request additional revisions during negotiations and finalizing the CMAR Contract.6 5. Proposers are encouraged to carefully review the Draft CMAR Contract and to submit written questions and comments by the deadline for questions specified in Article 1 of this RFP. Based on its assessment of the feedback provided by the questions deadline, Owner (at its sole discretion) may modify the Draft CMAR Contract and provide the update to all Proposers via addendum. Owner expects that this review and comment process will substantially reduce the need for extensive post-selection negotiation. G. Part 4 – Project Approach This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18 of 26 1. Proposers must provide a detailed approach to successfully completing this project to meet Owner’s objectives and fulfill the Project scope as outlined in Article 1 of this RFP. Limit shall be five (5) pages. H. Part 5 – Price Proposal 1. Owner intends to negotiate a final scope and fee with the selected CMAR based on the submitted Price Proposal. Proposer must complete all Proposal Documents with all required pricing information and include it in Part 5 of the Proposal. 2. Owner will consider the Proposer’s total estimated cost for constructing the Project to determine the Proposer to which Owner will award the CMAR Contract. In addition to the estimated cost to construct the Project, Owner will consider the qualifications of each Proposer, the research and investigation into information presented in the SOQ conducted by Owner and its representatives, and information from interviews, as described in Article 5 of this RFP. 3. The Price Proposal will include the following documents: a. The Price Proposal Form (see Attachment B, Form 1): Submit the completed and signed form. b. Preconstruction Phase Services Fee: 1) Each Proposer must provide a lump sum fee for the Basic CMAR Services (Preconstruction and Procurement) defined in the Draft CMAR Contract – Exhibit A included with the Proposal Documents using Form 2, Part A provided in Attachment B. All information submitted as part of this form shall be binding. 2) At this time, Preconstruction Phase Services do not include any Additional CMAR Services (Preconstruction or Procurement) or Special Services defined in the Draft Contract – Exhibit A included with the Proposal Documents. 3) Hourly rates and estimated hours must be provided in Form 2, Part A as they will be used to finalize the contract. Hourly rates shall be based on current 2025 rates for compensation purposes. Each Proposer shall provide annual escalators for the labor rates that will be committed to for the Project for the purposes of establishing rates for if contract amendment(s) are required. The lump sum amount proposed for the initial scope of services shall already include escalation, if any. 4) Compensation for the Preconstruction Phase Services (Basic CMAR Services for Preconstruction and Procurement) shall be as set forth in the Draft CMAR Contract. c. CMAR Fee: 1) CMAR Fee shall be as defined by Article 7 of the Draft CMAR Contract included with the Proposal Documents to cover the Cost of the Work as defined by Article 1 of the General Conditions and the Draft CMAR Contract. This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 of 26 2) Provide a percentage fee for the CMAR Fee using Form 2, Part B provided in Attachment B, which will be fixed and used for development of the GMP. 3) CMAR Fee in the Price Proposal will be evaluated based on the current Engineer’s Opinion of Probable Construction Cost for proposal comparison purposes. d. Construction Support Costs: 1) Construction Support Costs shall be as defined by Article 5 of the Draft CMAR Contract included with the Proposal Documents to cover the costs associated with or in support of the construction of the Work, but not directly related to specific construction tasks and activities such as furnishing and installing materials and equipment. 2) Provide an estimated percentage fee for the Construction Support Costs using Form 2, Part C provided in Attachment B. Percentage fee can be negotiated, up or down a maximum of two (2) percent of the Cost of the Work, once the construction support requirements are finalized by the Engineer. e. Owner’s Contingency Allowance: 1) An Owner’s Contingency Allowance may be established by the Owner for the Project. Owner’s Contingency Allowance shall be as defined by Article 12 of the Draft CMAR Contract included with the Proposal Documents. These funds can only be accessed by the CMAR when authorized by the Owner by Contract Amendment or Change Order. 2) An Owner’s Contingency Allowance has not yet been established. Therefore, Proposers shall not include a line-item cost for the Owner’s Contingency Allowance in the Price Proposal. f. Proposal Bond 1) Obtain and include the required Proposal Security in the form of the Proposal Bond using the form included in the Procurement Documents (see RFP Attachment B, Form 3). 2) Proposal Bond shall be an amount equal to 100-percent of Proposer’s Preconstruction Services Fee (see Attachment B, Form 2, Part A). The Proposal Bond must be issued by the surety that will subsequently provide Performance and Payment Bonds for the Project. 3) The Proposal security of the apparent successful Proposer will be retained until Owner (1) awards the CMAR Contract to such Proposer, and such Proposer enters into the CMAR Contract, and (2) Owner issues the first Work Authorization to the CMAR, and CMAR has signed the Work Authorization and furnished the required Performance and Payment Bonds. If the apparent successful Proposer fails to enter into the CMAR Contract which has been awarded, or CMAR fails to execute and sign the Work Authorization and furnish the required Performance and Payment Bonds within 15 days, then Owner may consider such Proposer to be in default and the Proposal security of that Proposer will This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 20 of 26 be forfeited (and when applicable Owner may terminate the CMAR Contract). 4) The Proposal security of other Proposers may be retained by Owner until the apparent successful Proposer has entered into the CMAR Contract. At that point, the Proposal security of the unsuccessful Proposers becomes void. I. Appendix A – Supporting Documentation 1. Appendix A – Supporting Documentation may be used by the Proposers as an opportunity to enhance their Proposal with additional information not specifically requested in Parts 1-5. The content of Appendix A is subject to Proposer’s discretion, but should meet the following criteria: a. Must be concise, b. Must have a direct application to the Project, c. May be information supplemental to information provided by Proposers in the SOQ and Parts 1-5 of the Proposal, d. Information may not be duplicated from information already present in Proposers SOQ and Parts 1-5 of the Proposal. e. Must be a limit of ten (10) pages. This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 21 of 26 ARTICLE 4—SUBMITTING THE PROPOSAL 4.01 Delivery of Proposal A. Submittal Deadline: 1. Proposals must be received no later than 2:00 PM, Thursday November 6, 2025, and addressed to: Otsego City Hall Attn: Adam Flaherty, City Administrator & Finance Director 13400 90th Street NE Otsego, MN 55330 B. Electronic Copy Deliverable Requirements: 1. For this project we will accept only online electronic bids through QuestCDN. A password protected QuestCDN site will be available for the submittals with only the short-listed Proposers receiving access. To access the electronic bid form, download the project document and click online bidding button at the top of the advertisement. 2. Provide a PDF copy of the “General Proposal”, including supporting documentation, attachments, etc. via QuestCDN within the “General Proposal” upload area. No price information should be included in the “General Proposal” PDF. 3. Provide a PDF of Part 5 – Price Proposal via QuestCDN within the “Price Proposal” upload area. C. Proposals may be modified or withdrawn using a document executed in the same manner that a Proposal must be executed, and the associated document signed by the person or officer of the Proposer authorized to do so. Using a method permitted for delivery of the Proposal, deliver the modification/withdrawal document prior to the date and time for the receipt of Proposals. 1. Proposer may withdraw its Proposal at any time prior to the submittal date and time by submitting a written request to the contact for RFP inquiries indicated above. An authorized representative of the Proposer must sign the written request. Proposer may submit another Proposal at any time prior to the submittal deadline. No Proposal may be withdrawn for 30 days after the submittal date and time without approval by Owner. Such approval shall be based on the Proposer’s submittal, in writing, of a reason acceptable to Owner in its sole discretion. 2. Owner shall not be liable for any errors in the Proposer’s Proposal. No modifications to the Proposal shall be accepted from the Proposer after the submittal date and time. The Proposer is responsible for careful review of its entire Proposal to ensure that all information is correct and complete. Proposers are responsible for all errors or omissions contained in their Proposals. D. Proposals submitted in response to this RFP will become the property of the Owner. E. The Owner will not consider unsolicited supplementary information within the Proposal. This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 22 of 26 F. Each Proposer assumes full responsibility for timely delivery of its Proposal at the required location. Any Proposal received after the submittal deadline will be deemed nonresponsive and returned unopened. 4.02 Opening of Proposals A. SOQs, Proposals, and other documents submitted by the Proposer will be opened in a manner consistent with Minnesota Statutes, Section 13.591, subds. 3(b) and 4. This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 23 of 26 ARTICLE 5—EVALUATION OF PROPOSALS AND AWARD OF CONTRACT 5.01 General Information A. Proposals will be reviewed and evaluated by Owner according to the requirements and criteria outlined in this Article. During the Proposal evaluation process, written questions or requests for clarification may be submitted to one or more Proposer(s) regarding its Proposal or related matters. Failure to respond in a timely manner to any such questions or requests may be grounds for elimination of the Proposer from further consideration. B. Each Proposal will be reviewed to determine whether it is responsive to the RFP. Failure to comply with requirements of this RFP may result in a Proposal being rejected as non-responsive. At its sole discretion, Owner may waive any such failure to meet a requirement of this RFP and may request clarification or additional information to remedy a deficiency. C. Owner intends to hold interviews November 17-21, 2025. Communication will be issued to each proposer via email with additional details such as interview location and time, relevant materials that may be asked to be provided by the Proposer, interview platform (meeting software if virtual interview), names and titles of interviewers, seating/space limitations (for in-person interview), equipment available for the interviewee (projector, microphone, etc.), interview duration, etc. 1. Interview Format (Approx. 60 minutes): a. 30 minutes: Proposer presentation on relevant topics (project experience, approach/methodology, key personnel, or other information deemed important). b. 30 minutes: Panel-led Q&A. c. Note: The interview will be capped at 60 minutes. 5.02 Evaluation Criteria A. Owner will evaluate and rank the Proposals that satisfy the requirements by applying weighted evaluation criteria, as set forth below, to information provided in Proposer’s Proposals. Rating Category Description Point Value 1 Transmittal Letter Not Scored 2 Executive Summary Not Scored 3 Part 1 – Changes to Proposer’s SOQ 5 4 Part 2 – Scope of Preconstruction Phase Services 10 5 Part 3 – Comments/Exceptions on Draft CMAR Contract 15 6 Part 4 – Project Approach 15 7 Part 5 – Price Proposal 30 7.1 Preconstruction Phase Services (5 points) 7.2 CMAR Fee (15 points) 7.3 Construction Support Costs (10 points) 8 Interview 25 9 Organization and Completeness of Proposal (including forms) Pass/Fail Total 100 This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 24 of 26 B. Owner will evaluate the Price Proposals (Part 5) separately and after the non-price portions of the Proposal evaluations are completed. C. The Proposal with the lowest price will receive full points for the Price Proposal (Part 5) aspect of the Proposal evaluation. The remaining Proposals will receive a prorated portion of the full points, based on the percentage above the lowest price. For example, if a Proposal has a price that is 10% higher than the lowest Proposal, that Proposal will receive 90% of the points for the Price Proposal aspect of the Proposal evaluation. The Price Proposal will be scored as three separate parts with each of the three parts scored separately. Price proposal scoring will be rounded to two decimal places. D. Points awarded for the Proposal will not be added to points awarded for the Statement of Qualifications to determine the ranking of Proposers. A final selection of CMAR will be based on the scoring of the Proposal. E. In the event of a tie, the tie-breaker will be based upon the aggregate score for the Price Proposal. F. Owner reserves the right to reject any or all Proposals, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Proposals. Owner also reserves the right to waive all minor Proposal informalities not involving price, time, or changes in the work. 5.03 Selection of CMAR A. Proposal Acceptance Period 1. This Proposal will remain subject to acceptance for 60 days after the date for receipt of Proposals, or for such longer period that Proposer may agree to in writing upon request of Owner. B. Negotiations 1. Owner may choose to negotiate with the most highly ranked Proposer to clarify and finalize any details related to the Proposal, scope of services, or other factors. If Owner and highest ranked Proposer are unable to reach a mutual agreement, Owner may choose to officially close negotiations with such Proposer and open negotiations with the next most highly ranked Proposer. Once Owner closes negotiations with a Proposer, negotiations cannot be reopened, and the offer of that Proposer will no longer be considered. 2. If negotiations with any Proposer are not successful, Owner may either select or negotiate with the next highest ranked Proposer, and continue the negotiation process until an agreement is reached with a Proposer or the Owner rejects all Proposals. This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 25 of 26 ARTICLE 6—CONDITIONS OF PROPOSERS 6.01 Confidentiality of Submitted Information A. Refer to Confidentiality of Submitted Information provided as part of Article 1 of this RFP. 6.02 Ineligible Firms and Individuals A. The following firms and individuals are serving in an advisory capacity to the Owner for this Project and related projects and are therefore not eligible to assist or participate with any Proposer that submits a Proposal for the Project. 1. Advanced Engineering and Environmental Services, LLC. 2. I & S Group, INC. 3. Hakanson Anderson Associates, Inc. 4. The Planning Company, LLC. 6.03 Rights of Owner A. In connection with this procurement process, including the receipt and evaluation of the Proposals, Owner reserves to itself (at its sole discretion) all rights available to it under applicable law, including without limitation, with or without cause and with or without notice, the right to: 1. Cancel, withdraw, postpone, or extend this RFP, in whole or in part, at any time prior to the execution of the CMAR Contract, without incurring any obligations or liabilities; 2. Modify the procurement schedule; 3. Waive deficiencies, informalities and irregularities in a Proposal and accept and review a non-conforming Proposals; 4. Suspend and terminate the procurement process or terminate evaluations of Proposals received; 5. Permit corrections to data submitted with any Proposal; 6. Hold meetings and interviews, and conduct discussions and correspondence, with one or more of the Proposers to seek an improved understanding of any information contained in a Proposal; 7. Seek to obtain, from any source, data that has the potential to improve the understanding and evaluation of the Proposal; 8. Seek clarification from any Proposer to fully understand information provided in the Proposal and to help evaluate and rank the Proposers; 9. Reject a Proposal containing exceptions, additions, qualifications, or conditions not called for in the RFP or otherwise not acceptable to Owner; 10. Reject any or all Proposals wholly or in part and to waive any technicalities, informalities, or irregularities in any Proposal at its sole option and discretion; 11. Conduct an independent investigation of any information, including prior experience, included in a Proposal by contacting project references provided in This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 26 of 26 the SOQ, accessing public information, contacting independent parties, or any other means; 12. Request additional information from a Proposer during the evaluation of its Proposal; and 13. Award a project contract only to a Qualified Proposer. Qualified Proposer is defined as a firm that meets the requirements of the issued RFQ and this RFP and demonstrates the ability, resources, skills, capability, willingness, and business integrity necessary to provide required services. The Owner’s determination of whether a proposer is a Qualified Proposer is at Owner’s sole discretion. 6.04 Obligation to Keep Project Team Intact A. Proposers are advised that all firms and Key Personnel identified in the SOQ shall remain on the Project Team for the duration of the procurement process and execution of the Project. Key Personnel shall be committed to the Project and changes may not be accepted, unless they no longer work for the firm or Owner otherwise agrees that a change is appropriate. If extraordinary circumstances require a change, it must be submitted in writing to the Owner’s Representative, who, and with Owner’s review and at Owner’s sole discretion, will determine whether to authorize a change, recognizing that certain circumstances (such as termination of employment) may occur that are beyond the CMAR’s control. Unauthorized changes to the Project Team at any time during the procurement process may result in the elimination of the Proposer from further consideration. Alternate candidates listed in the SOQ shall be used for replacement purposes should a Primary Candidate be removed from the Project based on the reasons previously discussed. 6.05 Addenda A. If any revisions to the RFP or procurement process become necessary or desirable (at Owner’s sole discretion), Owner may issue written addenda. Owner will issue any such addenda to potential Proposers via email. It is each Proposer’s responsibility to obtain, review and incorporate all addenda information prior to submitting their Proposal. 6.06 Protests A. Any protests to an Owner’s action in connection with this procurement must be filed in writing no later than seven (7) calendar days following such action and must be in strict accordance with the Owner’s applicable procedures and with applicable law. 6.07 Conflicts A. Proposers must disclose any instances where the firm or any individuals working on the SOQ, the Proposal, or subsequent project, may have a conflict of interest and, if so, the nature of that conflict (e.g., employed by Owner, related to an official of Owner). This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page A-1 ATTACHMENT A – PROJECT BACKGROUND DOCUMENTS SEE ATTACHED DOCUMENTS A.01. Otsego South Central Treatment Preliminary Site Plan A.02. Otsego South Central Treatment Preliminary Building Layout A.03. Otsego South Central Treatment Preliminary Process & Instrumentation Diagram A.04 Otsego South Central Treatment Preliminary Specification Table of Contents This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page B-1 ATTACHMENT B – PRICE PROPOSAL SEE ATTACHED FORMS B.01. Form 1 – Proposal Form B.02. Form 2 – CMAR Fees B.03. Form 3 – Proposal Bond This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page C-1 ATTACHMENT C – GENERAL CONDITIONS SEE ATTACHED DOCUMENT This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page D-1 ATTACHMENT D – SUPPLEMENTARY CONDITIONS SEE ATTACHED DOCUMENT This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page E-1 ATTACHMENT E – AGREEMENT SEE ATTACHED DOCUMENT This document is a MODIFIED version of EJCDC® CMAR-400, Request for Proposals—Construction Manager at Risk Series. Copyright© 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page F-1 ATTACHMENT F – CMAR CONTRACT EXCEPTIONS/ACCEPTANCE SEE ATTACHED FORM