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Home My WebLink About76-25 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 76-25 File Number: 2025-292 FLINTCO, LLC. (SERVICE CONTRACT): A RESOLUTION TO AWARD RFP 24-15 AND APPROVE A CONTRACT WITH FLINTCO, LLC. IN THE AMOUNT OF $1.00 TO PROVIDE CONSTRUCTION MANAGER AT RISK SERVICES FOR IMPROVEMENTS TO MAPLE STREET WHEREAS, the City and the University of Arkansas have been working together over the past 7 years toward a common goal of improving the section of Maple Street from the Razorback Greenway west to Garland Avenue to create a multi -modal street with a focus on safety of all users; and WHEREAS, on March 31, 2020, the Transportation Committee recommended the City Council apply for grant funding and authorize the allocation of 2019 bond funds as matching funds for the project; and WHEREAS, on December 4, 2024 City Council approved Resolution 301-24 that accepted Federal aid funding in the amount of $25,000,000.00 from the Department of Transportation Federal Highway Administration through the Safe Streets and Roads for all program; and WHEREAS, Maple Street has been identified as a catalyst project in the NWA Regional Bicycle and Pedestrian Master Plan and the addition of the Maple Street connection will greatly improve the accessibility from the trail system to this major destination for the campus's faculty, staff, visitors and students; and WHEREAS, the proposed improvements to Maple Street include 2,475-linear feet of new roadway surface, upgraded traffic signals, storm drainage, 8-foot-wide senior walk sidewalks, a separated two-way cycle track, enhanced mid - block crosswalks with decorative pavement markings and passive detection bollards for activation of beacons; and WHEREAS, a request for proposals for construction manager at risk services was advertised in late 2024 and on February 24th, 2025, a selection committee composed of staff representatives from the City of Fayetteville and non- voting members from the University of Arkansas selected Flintco, LLC for the construction management of the Maple Street Improvements; and WHEREAS, the initial contract consists of pre -construction services including working closely with design engineer Olsson, Inc. on phasing plans, traffic control, evaluate best construction methods and bidding of the project to provide a Guaranteed Maximum Price (GMP). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Page 1 Resolution: 76-25 File Number: 2025-292 Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFP 24-15 and authorizes Mayor Rawn to sign a contract with Flintco, LLC in the amount of $1.00 to provide construction manager at risk services for improvements to Maple Street. PASSED and APPROVED on March 18, 2025 Approved: ^/ Molly Rawn, Mayor Page 2 Attest: 14 cTTry ��' Kara Paxton, City Clerk Treasurer CITY OF FAYETTEVILLE ARKANS ARKANSAS MEETING OF MARCH 18, 2025 TO: Mayor Rawn and City Council THRU: Chris Brown, Public Works Director Keith Macedo, Interim Chief of Staff FROM: Matt Mihalevich, Active Transportation Manager SUBJECT: FLINTCO, LLC. (SERVICE CONTRACT): CITY COUNCIL MEMO 2025-292 RECOMMENDATION: Staff recommends approval of a contract with Flintco, LLC, who was selected by RFP 24-15 to provide Construction Manager at Risk (CMAR) services for the Maple Street Improvements for pre -construction services for the amount of $1.00. BACKGROUND: The City of Fayetteville and the University of Arkansas have been working together over the past 7 years toward a common goal of improving the section of Maple Street from the Razorback Greenway west to Garland Ave. to create a multi -modal street with a focus on safety of all users. On March, 31st 2020 the Transportation Committee reviewed the Maple Street project and forwarded a recommendation to the City Council to apply for grant funding and authorize the allocation of 2019 bond funds as matching funds for the project. Committee members expressed support for the vegetation buffer and recommended the wider crosswalk striping. On December 4th, 2024 resolution 301-24 was approved to accept Federal aid funding in the amount of $25,000,000 from the Department of Transportation Federal Highway Administration through the Safe Streets and Roads for all program. This funding will be used for 5 construction projects with a focus on safety. The Maple Street Improvements will be the first of the 5 projects to go to construction with a goal of starting work when the University of Arkansas Students are out for the summer of 2025. DISCUSSION: The proposed improvements to Maple Street include 2,475-linear feet of new roadway surface, upgraded traffic signals, storm drainage, 8-foot-wide senior walk sidewalks on the north and south sides and a separated two- way cycle track along the south side extending from the Razorback Greenway to Garland Avenue. Maple Street has been identified as a catalyst project in the Northwest Arkansas Regional Bicycle and Pedestrian Master Plan. Currently bicycle access to the University of Arkansas campus core and the surrounding neighborhoods is limited. The addition of the Maple Street connection will greatly improve the accessibility from the trail system to this major destination for the campus's faculty, staff, visitors and students. The safety upgrades will include a low vegetation buffer between the cycle track and the road. In addition, enhanced mid - block crosswalks are proposed with decorative pavement markings and passive detection bollards for activation of beacons. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The design plans for the Maple Street project are currently being finalized by Olsson. To prepare for the construction phase of the project, it is necessary to have a construction manager at risk on board to evaluate the final design, recommend localized construction methods and materials and develop the construction cost. A request for proposals (RFP 24-15) was advertised in late 2024 and qualifications were received from four construction management companies. On February 24th, 2025, a selection committee composed of staff representatives from the City of Fayetteville and non -voting members from the University of Arkansas selected Flintco, LLC for the construction management of the Maple Street Improvements. The contract for consideration with this proposal consists of pre -construction services including working closely with Olsson on phasing plans, traffic control, evaluate best construction methods and bidding of the project to provide a Guaranteed Maximum Price (GMP). The City will then negotiate the final construction costs which will be reflected in the guaranteed Maximum Price (GMP). The GMP proposal will include all costs associated with the construction of the Maple Street Improvements for approval by the City Council. BUDGET/STAFF IMPACT: The City has been awarded Federal funding for this project through the Safe Streets and Roads for all program (SS4A) and approved by resolution 301-24. The contract for pre -construction services by Flintco is $1.00. ATTACHMENTS: SRF (#3) , UofA Connections Map 8.5 x 11 (#4), RFP 24-15 - Voting Results (#5), RFP 24- 15 Contract - Flintco Signed (#6), RFP 24-15 - Appendix A - Scope or Work (#7), RFP 24-15 - Appendix B - Pre -Con Cost (#8), RFP 24-15 - Appendix C - City Issued RFP (#9), RFP 24-15 - Submittal (#10) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ® City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Legislation Text File #: 2025-292 FLINTCO, LLC. (SERVICE CONTRACT): A RESOLUTION TO AWARD RFP 24-15 AND APPROVE A CONTRACT WITH FLINTCO, LLC. IN THE AMOUNT OF $1.00 TO PROVIDE CONSTRUCTION MANAGER AT RISK SERVICES FOR IMPROVEMENTS TO MAPLE STREET WHEREAS, the City and the University of Arkansas have been working together over the past 7 years toward a common goal of improving the section of Maple Street from the Razorback Greenway west to Garland Avenue to create a multi -modal street with a focus on safety of all users; and WHEREAS, on March 31, 2020, the Transportation Committee recommended the City Council apply for grant funding and authorize the allocation of 2019 bond funds as matching funds for the project; and WHEREAS, on December 4, 2024 City Council approved Resolution 301-24 that accepted Federal aid funding in the amount of $25,000,000.00 from the Department of Transportation Federal Highway Administration through the Safe Streets and Roads for all program; and WHEREAS, Maple Street has been identified as a catalyst project in the NWA Regional Bicycle and Pedestrian Master Plan and the addition of the Maple Street connection will greatly improve the accessibility from the trail system to this major destination for the campus's faculty, staff, visitors and students; and WHEREAS, the proposed improvements to Maple Street include 2,475-linear feet of new roadway surface, upgraded traffic signals, storm drainage, 8-foot-wide senior walk sidewalks, a separated two- way cycle track, enhanced mid -block crosswalks with decorative pavement markings and passive detection bollards for activation of beacons, and WHEREAS, a request for proposals for construction manager at risk services was advertised in late 2024 and on February 24th, 2025, a selection committee composed of staff representatives from the City of Fayetteville and non -voting members from the University of Arkansas selected Flintco, LLC for the construction management of the Maple Street Improvements; and WHEREAS, the initial contract consists of pre -construction services including working closely with design engineer Olsson, Inc. on phasing plans, traffic control, evaluate best construction methods and bidding of the project to provide a Guaranteed Maximum Price (GMP). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Page 1 Resolution: 76-25 File !Number: 2025-292 Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFP 24-15 and authorizes Mayor Rawn to sign a contract with Flintco, LLC in the amount of $1.00 to provide construction manager at risk services for improvements to Maple Street. Page 2 City of Fayetteville Staff Review Form 2025-292 Item ID 3/18/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Matt Mihalevich 2/27/2025 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of a contract with Flintco, LLC who was selected by RFQ 24-15 to provide Construction Manager at Risk (CMAR) services for the Maple Street Improvements in the amount of $1.00. 2235.900.9 223-5814.05 Account Number 32401.9223 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Safe Streets and Roads Grant Fund Safe Streets and Roads Grant - W Maple St Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 26,250,000.00 Is 26,250,000.00 $ 1.00 Is 26,249,999.00 Previous Ordinance or Resolution p Approval Date: V20221130 ❑O UNIVERSITY OF ARKANSAS CAMPUS BICYCLE L, CIRCUIT 7 W I-afayetle W Watson St W k4c V LEGEND BUS ROUTES Blue Route Purple Route -zZlIll Red Route Green Route Yellow Route EXISTING TRAILS -Razorback Regional Greenway Oak Ridge Trail/ Existing Path PROPOSED CONNECTIONS 1 a1 1 Oak Ridge Connector I • 1 Garland Shared Street 1 • I Maple Cycle Track 1 kl 1 Bike Route PREPARED BY' a Ita PIANNING+DESIGN CITY OF ATTLL 10 AAA SELECTION COMMITTEE -VOTING RESULTSI Selection Description: RFP 24-15, CMAR for Maple Street Improvements Selection Committee Date/Time: 02/24/2025 at 3:45 PM in Room #326 Firms are listed in alphabetical order 11 2 Overall RANK I Flintco, LLC I Nabholz Construction 1st 2nd 3rd ORING 3 1st ranked firm: LLC 2nd ranked firm: Tallied by: t_" eAny Fitch, Sr. Procurement Agent Amanda Beilfuss, Procurem or Date: Z / ZS 1 ZS Date: (7� / cQ5 Docusign Envelope ID: D4FC9441-8D54-46A7-AOA2-3FAD12272FE0 CITY OF _ FAYETTEVILLE ARKANSAS Contract for Construction Manager at Risk Services Maple Street Improvements BETWEEN City of Fayetteville, Arkansas and Flintco, LLC THIS AGREEMENT is made this 18 day of March , 2025, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and Flintco, LLC. (construction manager at risk, hereinafter called CMAR, Construction Manager, Flintco OR VENDOR), and CITY OF FAYETTEVILLE from time to time requires professional CMAR services in connection with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore, CITY OF FAYETTEVILLE and CMAR in consideration of their mutual covenants agree as follows: CMAR shall serve as CITY OF FAYETTEVILLE's professional CMAR consultant in those assignments to which this Agreement applies and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of services defined in the scope of work. All services shall be performed under the direction of a CMAR registered in the State of Arkansas and licensed by the Arkansas Contractor's Licensing Board with a Municipal and Utility Construction classification. 1. Contracted parties and relationship: This agreement shall be binding between all parties. Fees for CMAR services shall be provided as identified in appendices. i. Flintco's Tax identification number (TIN) ending in 1079 ii. Flintco's Arkansas Contractor License No. 1976870625 iii. Flintco's Secretary of State Filing No. 800188970 b. Parties agree to act on the basis of mutual trust, good faith, and fair dealing, and perform in a fiscally responsible and timely manner. Parties shall each endeavor to promote harmony and cooperation among all Project participants. 2. Entire Agreement and Exhibits: This Agreement sets forth the entire agreement and understanding between the parties on the subject matter of this Agreement. Neither party shall be bound by any conditions, definitions, representations or warranties with respect to the subject matter of this Agreement other than those as expressly provided herein. a. Appendices included under this agreement include the following: i. Appendix A: Scope of Services ii. Appendix B: CMAR Fee Schedule iii. Appendix C: RFP 24-15, Construction Manager at Risk for Maple Street Improvements iv. Appendix D: Flintco's Response to RFP 24-15 v. Appendix E: Flintco's current Certificate of Insurance b. This agreement maybe modified only by a duly executed written instrument signed by the CITY and CMAR. c. ORDER OF PRECEDENCE: In case of any inconsistency, conflict, or ambiguity among the Contract Documents, the documents shall govern in the following order: (a) Change Orders, affidavits, and written amendments to this Agreement which are executed by all parties; (b) the Agreement; (c) CMAR's response to RFP 24-15 (d) City's published RFP 24-15 and associated Addenda and attachments. RFP 24-15, CMAR for Maple Street Improvements Page 1 of 21 Docusign Envelope ID: D4FC9441-8D54-46A7-AOA2-3FAD12272FE0 3. Notices: Any notice required under this Agreement shall be in writing, address to the appropriate party at the following addresses: a. City of Fayetteville: Attention: Mayor Molly A. Rawn, 113 W. Mountain, Fayetteville, AR 72701 b. Flintco, LLC.: Attention: Brent Farmer, 184 E. Fantinel Blvd., Springdale, AR 72762 4. General Provisions: a. ETHICS: All parties shall perform with integrity. Each shall avoid conflicts of interest and promptly disclose to any other part any conflicts that may arise. All parties warrant that it has not and shall not pay or receive any contingent fees or gratuities to or from any other party, including agents, officer's employers, Subcontractors, Sub subcontractors, Suppliers, Volunteers, Elected Officials, or Others to secure preferential treatment. b. When the Construction Documents, Guaranteed Maximum Price (GMP), and other descriptive documents defining the work are complete, they shall be identified and included in this Agreement by mutually agreed upon amendment to this Agreement. c. Workmanship: The Work shall be executed in accordance with the Contract Documents in a workmanlike manner. All materials used in the Work shall be furnished in sufficient quantities to facilitate the proper and expeditious execution of the Work and shall be new except as otherwise provided in the Contract Documents. d. MATERIALS FURNISHED BY OWNER OR OTHERS: If the Work includes installation of materials or equipment furnished by City or Others, it shall be the responsibility of Construction Manager to examine the items so provided and thereupon handle, store, and install the items, unless otherwise provided in the Contract Documents, with such skill and care as to provide a satisfactory and proper installation. Loss or damage due to acts or omissions of Construction Manager shall be the responsibility of Construction Manager and may be deducted from any amounts due or to become due Construction Manager. Any defects discovered in such materials or equipment shall be reported at once to the City and the City's contracted third -party Design Professional. Following receipt of written notice from Construction Manager of defects, City and Design Professional shall promptly inform Construction Manager what action, if any, Construction Manager shall take with regard to the defects. e. WORKSITE VISIT: Construction Manager acknowledges that it has visited, or has had the opportunity to visit, the Worksite to visually inspect the general and local conditions which could affect the Work. f. If applicable, Construction Manager shall perform cutting, fitting, and patching necessary to coordinate the various parts of the Work and to prepare its Work for the work of City or Others. i. Cutting, patching, or altering the work of City or Others shall be done with the prior written approval of City and Design Professional. Such approval shall not be unreasonably withheld. g. COMPLIANCE WITH LAWS: Construction Manager shall comply with all the Law at its own cost. Construction Manager shall be liable to City for all loss, cost, or expense attributable to any acts or omissions by Construction Manager, its employees, subcontractors, suppliers, and agents for failure to comply with Laws, including fines, penalties, or corrective measures. i. CHANGES IN THE LAW: The GMP, estimated Cost of the Work, Construction Manager's Fee, Date of Substantial Completion or Date of Final Completion, and, if appropriate, the Compensation for Preconstruction Services shall be equitably adjusted for additional costs or time needed resulting from Laws enacted after the date of this Agreement, including taxes. h. COST OF CORRECTING DAMAGED OR DESTROYED WORK: With regard to damage or loss attributable to the acts or omissions of City or Others and not to Construction Manager, City may either (a) promptly remedy RFP 24-15, CMAR for Maple Street Improvements Page 2 of 21 Docusign Envelope ID: D4FC9441-8D54-46A7-AOA2-3FAD12272FEO the damage or loss and assume affected warranty responsibilities, (b) accept the damage or loss, or (c) issue a Change Order to remedy the damage or loss. If Construction Manager incurs costs or is delayed due to such loss or damage, Construction Manager may seek an equitable adjustment in the GMP, estimated Cost of the Work, Construction Manager's Fee, Date of Substantial Completion or Date of Final Completion, and, if appropriate, the Compensation for Preconstruction Services under this Agreement. Any equitable adjustment shall be approved by all parties. Taxes and Permits: Construction Manager shall give public authorities all notices required by law and shall obtain and pay for all necessary permits, licenses, taxes, and renewals pertaining to the Work. Construction Manager shall provide to City copies of all notices, permits, licenses, and renewals required under this Agreement. DISCOUNTS: All discounts for prompt payment shall accrue to City. All trade discounts, rebates, and refunds, and all returns from sale of surplus materials and equipment, shall be credited to the Cost of the Work, or directly to the City after final payment. k. City may occupy or use completed or partially completed portions of the Work when (a) the portion of the Work is designated in a Certificate of Substantial Completion, (b) appropriate insurer(s) consent to the occupancy or use, and (c) public authorities authorize the occupancy or use. Construction Manager shall not unreasonably withhold consent to partial occupancy or use. I. JOINT DRAFTING: All Parties expressly agree that this Agreement was jointly drafted, and that both had opportunity to negotiate its terms and to obtain the assistance of counsel in reviewing its terms before execution. Therefore, this Agreement shall be construed neither against nor in favor of either Party but shall be construed in a neutral manner. m. EXTENT OF AGREEMENT: Except as expressly provided, this Agreement is for the exclusive benefit of all Parties, and not the benefit of any third party. This Agreement represents the entire and integrated agreement between the Parties, and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement and each and every provision is for the exclusive benefit of all Parties and not for the benefit of any third party. n. ASSIGNMENT: Except as to the assignment of proceeds, no Party shall assign their interest in this Agreement without the written consent of the other Party. The terms and conditions of this Agreement shall be binding upon all Parties, their partners, successors, assigns, and legal representatives. No Party shall assign the Agreement without written consent of the other. o. Where figures are given, they shall be preferred to scaled dimensions. p. The drawings and specifications are complementary. If Work is shown only on one but not on the other, Construction Manager shall perform the Work as though fully described on both. CMAR shall seek clarification from Design Professional for any discrepancies. q. In case of conflicts between the drawings and specifications, the specifications shall govern. In any case of omissions or errors in figures, drawings, or specifications, Construction Manager shall immediately submit the matter to City and Design Professional for clarification. Design Professional's clarifications are final and binding. r. DEBARMENT AND SUSPENSION: By execution of this agreement, CMAR certifies that to the best of its knowledge and belief that the CMAR and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; ii. Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with RFP 24-15, CMAR for Maple Street Improvements Page 3 of 21 Docusign Envelope ID: D4FC9441-8D54-46A7-AOA2-3FAD12272FEO 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 statements, or receiving stolen property; iii. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and iv. (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. v. CMAR understands that a false statement on certification regarding debarment and suspension may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine. I further certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000. vi. Certifications for subcontracts or sub subcontracts executed under this agreement shall include all language in this section. S. Definitions: a. Unless otherwise specifically defined in this Agreement, any terms that have well-known technical or trade meanings shall be interpreted in accordance with their well-known meanings. b. "Business Day" means all Days, except weekends and official federal or state holidays where the Project is located. c. A "Change Order" is a written order signed by all Parties after execution of this Agreement, indicating changes in thescope of the Work, theGMP and Dateof Substantial Completion or Date of Final Completion. d. "Contract Time" is the period between the Date of Notice to Proceed and the total time authorized to achieve Final Completion. e. "Cost of the Work" means the sum of all allowed direct and indirect costs necessarily and reasonably incurred and paid by CMAR in the performance of the Work including those set forth in the Guaranteed Maximum Price Amendment. f. The "Construction Manager at Risk" (CMAR or CM) is the person or entity identified in this contract and includes Construction Manager's Representative. g. "Day" means a calendar day unless otherwise specified. h. "Defective Work" is any portion of the Work that that does not conform with the requirements of the Contract Documents. i. "Design Professional" means the licensed engineer and its subconsultants retained by the City and its subconsultants, to perform design services for the Project. j. "Final Completion" occurs on the date when CMAR's obligations under this Agreement are complete and accepted by City and final payment becomes due and payable. This date shall be confirmed by a Certificate of Final Completion signed by all Parties. k. "Hazardous Material" is any substance or material identified now or in the future as hazardous under the Law, or any other substance or material that may be considered hazardous or otherwise subject to statutory or regulatory requirement governing handling, disposal, or cleanup. RFP 24-15, CMAR for Maple Street Improvements Page 4 of 21 Docusign Envelope ID: D4FC9441-8D54-46A7-AOA2-3FAD12272FEO I. "Interim Directive" is a written order containing change to the Work directed by and in consultation with City and Design Professional after execution of this Agreement and before Substantial Completion. Interim Directives shall be consolidated and formalized in a change order to be signed by all parties. m. "Law" means federal, state, or local laws, ordinances, codes, rules, and regulations applicable to the Work with which Construction Manager must comply that are enacted as of the Agreement date. n. "Others" means City's other: (a) contractors/constructors, (b) suppliers, (c) subcontractors, sub subcontractors, or suppliers of (a) and (b); and others employed directly or indirectly by (a), (b), or (c) or any by any of them or for whose acts any of them may be liable. o. "Overhead" means (a) payroll costs, burden, and other compensation of CMAR's employees in CMAR's principal and branch offices for work associated with this project. p. "Owner" is the City of Fayetteville, Arkansas (City). q. The "Parties" are collectively City and CMAR. r. The "Project," is the building, facility, or other improvements for which CMAR is to perform Work under this Agreement. It may also include construction by Owner or Others. s. The "Schedule of the Work" is the document prepared by CMAR that specifies the dates on which CMAR plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. t. "Subcontractor" is a person or entity retained by CMAR as an independent contractor to provide the labor, materials, equipment, or services necessary to complete a specific portion of the Work. The term Subcontractor does not include Design Professional or Others. u. "Substantial Completion" of the Work, or of a designated portion, occurs on the date when the Work is sufficiently complete in accordance with the Contract Documents so that City may occupy or utilize the Work, or a designated portion, for the use for which it is intended, without unapproved disruption. This date shall be confirmed by a certificate of Substantial Completion signed by all Parties. v. A "Sub subcontractor" is a person or entity who has an agreement with a Subcontractor or another sub subcontractor or Supplier to perform a portion of the Subcontractor's Work or supply material or equipm ent. w. A "Supplier" is a person or entity retained by CMAR to provide material or equipment for the Work. x. "Terrorism" means a violent act, or an act that is dangerous to human life, property, or infrastructure, that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion. Terrorism includes, but is not limited to, any act certified by the United States government as an act of terrorism pursuant to the Terrorism Risk Insurance Act, as amended. y. "Work" means the construction and administrative and management services necessary or incidental to fulfill Construction Manager's obligations for the Project in accordance with and reasonably inferable from the Contract Documents. The Work may refer to the whole Project or only a part of the Project if work is also being performed by Owner or Others. z. "Worksite" means the area of the Project where the Work is to be performed. aa. "Bi-monthly basis" means every fourteen to sixteen calendar days. RFP 24-15, CMAR for Maple Street Improvements Page 5 of 21 Docusign Envelope ID: D4FC9441-8D54-46A7-AOA2-3FAD12272FE0 6. Contract Document Review and Administration a. Before commencing the Work, Construction Manager shall examine and compare the drawings and specifications with information furnished by the City and Design Professional that are considered Contract Documents, relevant field measurements made by Construction Manager, and any visible conditions at the Worksite affecting the Work. b. Should Construction Manager discover any errors, omissions, or inconsistencies in the Contract Documents, Construction Manager shall promptly report them to the City and Design Professional. Following receipt of written notice from Construction Manager of defects, City shall promptly inform Construction Manager what action, if any, Construction Manager shall take with regard to the defect. c. Nothing in this section shall relieve CMAR of responsibility for its own errors, inconsistencies, or omissions. d. COST REPORTING: Construction Manager shall maintain complete, accurate, and current records that comply with generally accepted accounting principles and calculate the proper financial management under this Agreement. Construction Manager shall maintain a complete set of all books and records prepared or used by Construction Manager with respect to the Project. City shall be afforded access to all of Construction Manager's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to this Agreement. Construction Manager shall preserve all such records for a period of three years after the final paym ent or longer where required by Law. 7. Warranty a. Construction Manager warrants all materials and equipment furnished under the Construction Phase of this Agreement will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. At City or Design Professional request, Construction Manager shall furnish satisfactory evidence of the quality and type of materials and equipment furnished. Construction Manager further warrants all Work shall be free from material defects not intrinsic in the design or materials required in the Contract Documents. Construction Manager's warranty does not include remedies for defects or damages caused by normal wear and tear during normal usage beyond the warranty period, use for a purpose for which the Project was not intended, improper or insufficient maintenance, modifications performed by the City or others, or abuse. Construction Manager's warranty shall commence on the Date of Final Completion of the Project. b. To the extent products, equipment, systems, or materials incorporated in the Work are specified and purchased by the City, they shall be covered exclusively by the warranty of the manufacturer. There are no warranties which extend beyond the description on the face of any such warranty. For such incorporated items, ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. c. Construction Manager shall obtain from its Subcontractors and Suppliers any special or extended warranties required by the Contract Documents. Construction Manager's liability for such warranties shall be limited to the one-year correction period, as further defined in this Agreement. After that period Construction Manager shall provide full and comprehensive assistance to the City in enforcing the obligations of Subcontractors or Suppliers for such extended warranties. d. Correction of Work within Two Years i. If before Substantial Completion or within two -years after the date of Final Completion of the Work any Defective Work is found, City shall promptly notify Construction Manager in writing. Unless City provides written acceptance of the condition, Construction Manager shall promptly correct the Defective Work at its own cost and time and bear the expense of additional services required for correction of any Defective Work for which it is responsible. If within the two-year correction RFP 24-15, CMAR for Maple Street Improvements Page 6 of 21 Docusign Envelope ID: D4FC9441-8D54-46A7-AOA2-3FAD12272FEO period City discovers and does not promptly notify Construction Manager or give Construction Manager an opportunity to test or correct Defective Work as reasonably requested by Construction Manager, City waives Construction Manager's obligation to correct that Defective Work as well as City's right to claim a breach of the warranty with respect to that Defective Work. If Construction Manager fails to correct Defective Work within a reasonable time after receipt of written notice from City before final payment, City may correct it in accordance with Owner's right to carry out the Work. In such case, an appropriate Change Order shall be issued deducting the cost of correcting the Defective Work from payments then or thereafter due Construction Manager. If payments then or thereafter due Construction Manager are not sufficient to cover such amounts, Construction Manager shall pay the difference to City. iii. Construction Manager's obligations and liability, if any, with respect to any Defective Work discovered after the two-year correction period shall be determined by the Law. If, after the two- year correction period but before the applicable limitation period has expired, City discovers any Work which City considers Defective Work, City shall, unless the Defective Work requires emergency correction, promptly notify Construction Manager and allow Construction Manager an opportunity to correct the Work if Construction Manager elects to do so. If Construction Manager elects to correct the Work, it shall provide written notice of such intent within fourteen (14) Days of its receipt ofnoticefrom City and shall completethe correction of Work within a mutually agreed timeframe. If Construction Manager does not elect to correct the Work, City may have the Work corrected by itself or Others, and, if City intends to seek recovery of those costs from Construction Manager, City shall promptly provide Construction Manager with an accounting of the actual correction costs. iv. If Construction Manager's correction or removal of Defective Work causes damage to or destroys other completed or partially completed work or existing building, Construction Manager shall be responsible for the cost of correcting the destroyed or damaged property. v. The two-year period for correction of Defective Work does not constitute a limitation period with respect to the enforcement of Construction Manager's other obligations under the Contract Doc um ents. vi. Before final payment, at City option and with Construction Manager's agreement, City may elect to accept Defective Work rather than require its removal and correction. In such cases the GMP shall be equitably adjusted for any diminution in the value, as determined by City, of the Project caused by such Defective Work. 8. Safety of Persons and Property SAFETY PROGRAMS: Construction Manager holds overall responsibility for safety programs. However, such obligation does not relieve Subcontractors of their safety responsibilities and to comply with the Law. Construction Manager shall prevent against injury, loss, or damage to persons or property by taking reasonable steps to protect: (a) its employees and other persons at the Worksite; (b) materials and equipment stored at onsite or offsite locations for use in performing the Work; and (c) property located at the Worksite and adjacent to work areas, whether or not the property is part of the Worksite. b. CONSTRUCTION MANAGER'S SAFETY REPRESENTATIVE: Construction Manager shall designate an individual at the Worksite in its employ as its safety representative. Unless otherwise identified by Construction Manager in writing to City, Construction Manager's project superintendent shall serve as its safety representative. Construction Manager shall report promptly in writing all recordable accidents and injuries occurring at the Worksite. When Construction Manager is required to file an accident report with a public authority, Construction Manager shall furnish a copy of the report to City. RFP 24-15, CMAR for Maple Street Improvements Page 7 of 21 Docusign Envelope ID: D4FC9441-8D54-46A7-AOA2-3FAD12272FEO c. Construction Manager shall provide City with copies of all notices required of Construction Manager by the Law. Construction Manager's safety program shall comply with the requirements of governmental and quasi -governmental authorities having jurisdiction. i. Damage or loss not insured under property insurance that may arise from the Work, to the extent caused by negligent or intentionally wrongful acts or omissions of Construction Manager, or anyone for whose acts Construction Manager may be liable, shall be promptly remedied by Construction Manager. d. If City deems any part of the Work or Worksite unsafe, City, without assuming responsibility for Construction Manager's safety program, may require Construction Manager to stop performance of the Work, take corrective measures satisfactory to City. If Construction Manager does not adopt corrective measures, City may perform them and deduct their cost from the GMP. Construction Manager agrees to make no claim for damages, or an increase in the GMP, or for a change in the Dates of Substantial or Final Completion based on Construction Manager's compliance with City s reasonable request. 9. Subcontracts: a. BINDING OF SUBCONTRACTORS AND SUPPLIERS: Construction Manager agrees to bind every Subcontractor and Supplier and require every Subcontractor to so bind its subcontractors and significant supplier, to the Contract Documents as they apply to the Subcontractor's or Supplier's applicable provisions to that portion of the Work. b. Construction Manager agrees not to subcontract construction manager at risk related services without prior written consent from the City. 10. Fees, Expenses, and Payments: The maximum not -to -exceed amount authorized for this agreement is included in the breakdown shown below. Fees shall be paid to the CMAR as described in Appendix B. a. Phase 1: Pre -Construction Services i. The maximum not -to -exceed amount authorized for this phase is $1.00 US Dollar. Fees shall be paid to the CMAR from the City based Lump Sum basis as described in Appendix B. b. Phase 2: Guaranteed Maximum Price (GMP) i. If this Agreement is executed before establishment of the Guaranteed Maximum Price and its acceptance by the City, then the GMP and its basis shall be set forth in a GMP Change Order. ii. The GMP proposal shall include the cost of the Work, Construction Manager's Fee, the clarifications upon which it is based, but shall not include compensation for Preconstruction Services (Phase 1). iii. FAILURE TO ACCEPT THE GMP PROPOSAL: Unless the City accepts the GMP Proposal in writing the GMP Proposal shall not be effective. If City fails to accept the GMP Proposal, or rejects the GMP Proposal, City shall have the right to: 1. suggest modifications to the GMP Proposal 2. terminate the Agreement for convenience iv. PRE-GMP WORK: Before City acceptance of the GMP Proposal, Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work, except as provided in this Agreement or by change order executed by the Parties. v. GMP shall be itemized, including but not limited to: 1. Wages for labor directly employed by Construction Manager in the performance of the Scope of Services. RFP 24-15, CMAR for Maple Street Improvements Page 8 of 21 Docusign Envelope ID: D4FC9441-8D54-46A7-AOA2-3FAD12272FEO 2. Salaries of Construction Manager's employees when stationed at the field office, in whatever capacity employed, employees engaged on the road expediting the production or transportation of material and equipment, and employees from the principal or branch office as mutually agreed by the Parties in writing. 3. Cost of all employee benefits and taxes, including but not limited to, workers' compensation, unemployment compensation, social security, health, welfare, retirement, and other fringe benefits as required by law, labor agreements, or paid under Construction Manager's standard personnel policy, insofar as such costs are paid to employees of Construction Manager who are included in the Cost of the Work. 4. Transportation, travel, hotel, and moving expenses of Construction Manager's personnel incurred in connection with the Work. 5. Cost of all materials, supplies, and equipment incorporated in the Work, including costs of inspection and testing if not provided by City, transportation, storage, and handling. 6. Payments made by Construction Manager to Subcontractors for work performed under this Agreement. 7. Cost, including transportation and maintenance of all materials, supplies, equipment, temporary facilities, and hand tools not owned by the workers that are used or consumed in the performance of the Work, less salvage value or residual value; and cost less salvage value on such items used, but not consumed that remain the property of Construction Manager. 8. Rental charges of all necessary machinery and equipment, exclusive of hand tools owned by workers, used at the Worksite, whether rented from Construction Manager or others, including installation, repair, and replacement, dismantling, removal, maintenance, transportation, and delivery costs at competitive market rates. 9. Cost of the premiums for all insurance and surety, performance or payment bonds which Construction Manager is required to procure or deems necessary and approved by City including any additional premium incurred as a result of any increase in the GMP at fixed rates approved by the City. 10. Sales, use, gross receipts, or other taxes, tariffs, or duties related to the Work for which Construction Manager is liable. 11. Permits, taxes, fees, licenses, tests, royalties. 12. Losses, expenses, or damages to the extent not compensated by insurance or otherwise, and thecost of corrective work during the Construction Phase and for the warranty period. 13. Costs associated with establishing, equipping, operating, maintaining, mobilizing and demobilizing the field office. 14. Water, power, and fuel costs necessary for the Work. 15. Cost of removal of all nonhazardous substances, debris, and waste materials 16. Costs incurred due to an emergency affecting the safety of persons or property. 17. Costs directly incurred in the performance of the Work or in connection with the Project, and not included in Construction Manager's Fee, which are reasonably inferable from the Contract Documents. RFP 24-15, CMAR for Maple Street Improvements Page 9 of 21 Docusign Envelope ID: D4FC9441-8D54-46A7-AOA2-3FAD12272FEO c. Fees set for the construction of this project are intended to be executed upon agreement of all parties in a not to exceed form via change order. Due to the funding nature of this project, all parties agree payment to the CMAR shall be made as follows: i. The City shall be responsible for a not to exceed cap. Final amounts shall be identified with a Change Order, pursuant to agreement of all parties of a Guaranteed Maximum Price. CMAR shall track, log and report expenses directly related to this Agreement along with invoice which shall include schedule of values for payment for each month. Invoices shall be itemized. Invoice and payment requests shall not exceed the percentage of work completed as defined. e. Payment Terms: All invoices are payable upon approval and due within thirty(30) calendar days. If a portion of an invoice or statement is disputed by CITY, the undisputed portion shall be paid. CITY OF FAYETTEVILLE shall advise CMAR in writing of the basis for any disputed portion of any invoice. CITY shall make reasonable effort to pay invoices within 30 calendar days of date the invoice is approved. f. STORED MATERIALS AND EQUIPMENT: Unless otherwise provided in the contract documents, applications for payment may include materials and equipment not yet incorporated into the Work but delivered to and suitably stored onsite or offsite including applicable insurance, storage, and costs incurred transporting the materials to an offsite storage facility. Approval of payment applications for stored materials and equipment stored offsite shall be conditioned on a submission by Construction Manager of bills of sale and proof of required insurance, or such other documentation satisfactory to City to establish the proper valuation of the stored materials and equipment, City's title to such materials and equipment, and to otherwise protect City's interests therein, including transportation to the Worksite. Materials and equipment stored offsite shall be in a bonded and insured secure facility. g. Monthly invoices for each calendar month shall be submitted to City or such parties as City may designate for professional services consistent with CMAR's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Invoices shall be made in accordance with a format to be developed by CMAR and approved by City. Applications for payment shall be accompanied each month by the updated project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE'S approval and acceptance with the satisfactory completion of professional services for the Project. i. Retainage in the amount of five percent (5%) will be withheld from each payment until project final completion. ii. Upon Substantial Completion, the City may release retainage on that portion of the Work a Subcontractor has completed in whole or in part, and which City have accepted. Final Payment: Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, CMAR shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by CMAR to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against CMAR or sureties under this Agreement. RFP 24-15, CMAR for Maple Street Improvements Page 10 of 21 Docusign Envelope ID: D4FC9441-8D54-46A7-AOA2-3FAD12272FEO 11. Project Bonding: Performance and payment bonding. After execution of this contract by all parties, CMAR shall provide 100% separate performance and payment bonds from a bonding company, licensed to do business in the state of Arkansas, to the City of Fayetteville after being file marked at the Washington County Circuit Clerk's Office. Bonds shall be inclusive of any approved contingency. Bonds shall be provided within ten (10) calendar days after GMP change order has been executed and approved by all parties. a. Construction contracts for the project shall not be entered into between the CMAR and sub -contractor without 100% payment and performance bonds in the amount of the contract (including any approved contingency) and anyamendments thereto and shall providefor the manner in which the construction shall be managed and supervised. Bonds shall be valid and exchanged between all parties prior to the start of work. b. A maintenance bond shall be provided for the duration of the entire warranty period. c. All bonds shall be listed with the U.S. Treasury Department listing of approved surety's (T-List) and shall be rated A+ minimum by A. M. Best. 12. Time: a. SUBSTANTIAL and FINAL COMPLETION: Date of Substantial Completion and the Date of Final Completion shall be established in a GMP Change Order to this Agreement (GMP) as a hard not to exceed date. If such dates are not established upon the execution of this Agreement, at such time as GMP is accepted a Date of Substantial Completion and Date of Final Completion of the Work shall be established in a GMP Change Order. b. Time is of the essence with regards to the obligations of the Contract Documents. c. Unless instructed by City in writing, Construction Manager shall not knowingly commence the Work before the effective date of Construction Manager's required insurance and bonds. d. Schedule of Work: Before submitting its first application for payment, Construction Manager shall submit to City and, if directed, Design Professional a Schedule of the Work showing the dates on which Construction Manager plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. Except as otherwise directed by City, Construction Manager shall comply with the approved Schedule of the Work or Construction Manager. Unless otherwise agreed, the Schedule of the Work shall be formatted in a detailed precedence - style critical path method that (a) provides a graphic representation of all activities and events, including float values that will affect the critical path of the Work, and (b) identifies dates that are critical to ensure timely and orderly completion of the Work. Construction Manager shall update the Schedule of the Work on a bi-monthly basis or as mutually agreed by all Parties. iii. City may determine the sequence in which the Work shall be performed, provided it does not unreasonably interfere with the approved project schedule. City may require Construction Manager to make reasonable changes in the sequence at any time during the performance of the Work in order to facilitate the performance of work by City or Others. If Construction Manager consequently incurs additional costs or is delayed, Construction Manager may seek equitable adjustment of the GMP or the Dates of Substantial or Final Completion, or both. e. NOTICE OF DELAY CLAIMS: If Construction Manager requests an equitable extension of the Contract Time or an equitable adjustment in the GMP as a result of a delay described, Construction Manager shall give City written notice of the claim. If Construction Manager causes delay in the completion of the Work, City shall be entitled to recover its additional costs. RFP 24-15, CMAR for Maple Street Improvements Page 11 of 21 Docusign Envelope ID: D4FC9441-8D54-46A7-AOA2-3FAD12272FEO f. MONITORING PROGRESS AND COSTS: Following acceptance by City of the GMP, Construction Manager shall establish a process for monitoring actual costs against the GMP and actual progress against the Schedule of Work. Construction Manager shall provide written reports to City at intervals as agreed to by all Parties on the status of the Work, showing variances between actual costs and the GMP and actual progress as compared to the Schedule of Work, including estimates of future costs and recovery programs if actual progress indicates that the Dates of Substantial Completion or Final Completion may not be met. 13. Substantial Completion: a. Construction Manager shall notify City and, if directed, Design Professional when it considers Substantial Completion of the Work or a designated portion to have been achieved. City, with the assistance of its Design Professional, shall promptly conduct an inspection to determine whether the Work or designated portion can be occupied or used for its intended use by City without excessive interference in completing any remaining unfinished Work. If City determines the Work or designated portion has not reached Substantial Completion, City, with the assistance of its Design Professional, shall promptly compile a list of items to be completed or corrected so City may occupy or use the Work or designated portion for its intended use. Construction Manager shall promptly and accurately complete all items on the list. b. When Substantial Completion of the Work or a designated portion is achieved, Construction Manager shall prepare a Certificate of Substantial Completion establishing the date of Substantial Completion and the respective responsibilities of each Party for interim items such as security, maintenance, utilities, insurance, and damage to the Work, and fixing the time for completion of all items on the list accompanying the Certificate. The Certificate of Substantial Completion shall be submitted by Construction Manager to City and, if directed, to Design Professional for written acceptance of responsibilities assigned in the Certificate of Substantial Completion. c. Upon City's written acceptance of the Certificate of Substantial Completion, City shall pay to Construction Manager the remaining retainage held by City for the Work described in the Certificate of Substantial Completion less a sum equal to one hundred and fifty percent (150%) of the estimated cost of completing or correcting remaining items on that part of the Work, as agreed to by the Parties as necessary to achieve Final Completion, including all close outs. Uncompleted items shall be completed by Construction Manager in a mutually agreed upon timeframe. 14. Final Completion: a. Upon notification from Construction Manager that the Work is complete and ready for final inspection and acceptance, City, with the assistance of its Design Professional shall promptly conduct an inspection to determine if the Work has been completed and is acceptable under the Contract Documents. b. When the Work is complete, Construction Manager shall prepare for City's written acceptance a final application for payment stating that to the best of Construction Manager's knowledge, and based on City's inspections, the Work has reached Final Completion in accordance with the Contract Documents. c. Final payment of the balance of the GMP shall be made to Construction Manager within thirty (30) Days after Construction Manager has submitted an application for final payment, pending the application has been approved by the City, including submissions required, and a Certificate of Final Completion has been executed by all Parties. d. Final payment shall be due on Construction Manager's submission of the following to the City: i. an affidavit declaring any indebtedness connected with the Work, to have been paid, satisfied, or to be paid with the proceeds of final payment, so as not to encumber City property; RFP 24-15, CMAR for Maple Street Improvements Page 12 of 21 Docusign Envelope ID: D4FC9441-8D54-46A7-AOA2-3FAD12272FEO ii. as -built drawings, manuals, copies of warranties, and all other close-out documents required by the Contract Documents; iii. release of any liens, conditioned on final payment being received; iv. consent of any surety; and v. any outstanding known and unreported accidents or injuries experienced by Construction Manager or its Subcontractors at the Worksite. e. If, after Substantial Completion of the Work, the Final Completion of a portion of the Work is materially delayed through no fault of Construction Manager. The City may pay the balance due for any portion of the Work fully completed and accepted. If the remaining contract balance for Work not fully completed and accepted is less than the retained amount before payment, Construction Manager shall submit to City and, if directed, Design Professional the written consent of any surety to payment of the balance due for portions of the Work that are fully completed and accepted. Such payment shall not constitute a waiver of claims. f. Warranties required by the Contract Documents shall commence on the date of Final Completion of the Work or a designated portion. g. ACCEPTANCE OF FINAL PAYMENT: Unless Construction Manager provides written identification of unsettled claims with an application for final payment, its acceptance of final payment constitutes a waiver of such claims. h. CMAR shall ensure that the City of Fayetteville receives lien waivers from all material suppliers, subcontractors and sub -subcontractors and before work begins on the project. The contractor shall give written notice to the material suppliers, subcontractors and sub -subcontractors providing work on the project that states the following: i. `According to Arkansas law, it is understood that no liens can be filed against public property if valid and enforceable payment and performance bond is in place. Regarding this Project and Agreement, the valid and enforceable bonds are with ( name of surety V ii. CMAR shall direct its subcontractors to obtain a written receipt evidencing acknowledgment of this statement from sub -subcontractors. 15. Notices: Any notice required to be given under this Agreement to either party to the other shall be sufficient if addressed and mailed, certified mail, postage paid, delivery, fax or e-mail (receipt confirmed), or overnight courier. 16. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 17. Venue: Venue for all legal disputes shall be Washington County, Arkansas. 18. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the CMAR shall do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 19. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. RFP 24-15, CMAR for Maple Street Improvements Page 13 of 21 Docusign Envelope ID: D4FC9441-8D54-46A7-AOA2-3FAD12272FE0 20.Insurance: a. Before starting the Work and as a condition precedent to payment, Construction Manager shall procure and maintain in force Workers' Compensation Insurance, Employers' Liability Insurance, Business Automobile Liability Insurance, and Commercial General Liability Insurance ("CGL"). The CGL policy shall include coverage for liability arising from premises, operations, independent contractors, products - completed operations, personal injury and advertising injury, contractual liability, pollution coverage, and broad form property damage. Construction Manager shall maintain completed operations liability insurance for one year after Substantial Completion, or as required by the Contract Documents, whichever is longer. Construction Manager's Employers' Liability, Business Automobile Liability and CGL policies shall be written with at least the limits of liability presented in Appendix C. b. Employers' Liability, Business Automobile Liability, and CGL coverages required may be provided by a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella liability policies. c. Construction Manager shall maintain in effect all insurance coverage required with insurance companies lawfully authorized to do business in thejurisdiction in which the Project is located. If Construction Manager fails to obtain or maintain any insurance coverage required under this Agreement, City may purchase such coverage and charge the expense to Construction Manager or terminate this Agreement. d. To the extent commercially available to Construction Manager from its current insurance company, insurance policies required shall contain a provision that the insurance company or its designee shall give City written notice transmitted in paper and electronic format: (a) 30 Days before coverage is nonrenewed by the insurance company and (b) within 10 Business Days after cancelation of coverage by the insurance company. Before commencing the Work and upon renewal or replacement of the insurance policies, Construction Manager shall furnish City with certificates of insurance until one year after Substantial Completion or longer if required by the Contract Documents. In addition, if any insurance policy required is not to be immediately replaced without lapse in coverage when it expires, exhausts its limits, or is to be cancelled, Construction Manager shall give City prompt written notice upon actual or constructive knowledge of such condition. e. Certificates of Insurance shall list the City as Additional Insured Parties. f. PROPERTY INSURANCE: i. At no time shall any policy be covered by self-insurance or in a self -insured format. All policies shall be covered by an approved commercial insurance professional properly licensed to do business in Arkansas. ii. Unless otherwise directed in writing by City, before starting the Work, CMAR shall obtain and maintain a Builder's Risk Policy upon the entire Project for the full cost of replacement at the time of loss, including existing structures. This insurance shall also (a) name Construction Manager, Subcontractors, Sub subcontractors, and Design Professional as named insureds; (b) be written in such form to cover all risks of physical loss except those specifically excluded by the policy; and (c) insure at least against and not exclude: 1. the perils of fire, lightning, explosion, windstorm, hail, smoke, aircraft (except aircraft, including helicopter, operated by or on behalf of Construction Manager) and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind damage, testing if applicable, collapse, however caused; 2. damage resulting from defective design, workmanship, or material; RFP 24-15, CMAR for Maple Street Improvements Page 14 of 21 Docusign Envelope ID: D4FC9441-8D54-46A7-AOA2-3FAD12272FEO 3. coverage extension for damage to existing buildings, plant, or other structures at the Worksite, when the Project is contained within or attached to such existing buildings, plant or structures. Coverage shall be to the extent loss or damage arises out of Constructor's activities or operations at the Project; 4. equipment breakdown, including mechanical breakdown, electrical injury to electrical devices, explosion of steam equipment, and damage to steam equipment caused by a condition within the equipment; 5. testing coverage for running newly installed machinery and equipment at or beyond the specified limits of their capacity to determine whether they are fit for their intended use; and 6. physical loss resulting from Terrorism iii. The Party that is the primary cause of a Builder's Risk Policy claim shall be responsible for any deductible amounts or coinsurance payments. If no Party is the primary cause of a claim, then the Party obtaining and maintaining the Builder's Risk Policy shall be responsible for the deductible amounts or coinsurance payments. This policy shall provide for a waiver of subrogation. This insurance shall remain in effect until final payment has been made or until no person or entity other than City has an insurable interest in the propertyto be covered bythis insurance, whichever is sooner. Partial occupancy or use of the Work shall not commence until City has secured the consent of the insurance company or companies providing the coverage required in this subsection. Before commencing the Work, City shall provide a copy of the property policy or policies obtained. iv. If City elects to purchase the property insurance required by this Agreement, including all of the coverages and deductibles for the same durations specified, City shall give written notice to Construction Manager before the Work is commenced and provide a copy of the property policy or policies obtained in compliance with this agreement. City maythen provide insurance to protect its interests and the interests of the Constructor, Subcontractors, Suppliers, and Sub subcontractors. The cost of this insurance shall be paid by City in a Change Order. If City gives written notice of its intent to purchase property insurance required by this Agreement and fails to purchase or maintain such insurance, City shall be responsible for costs reasonably attributed to such failure. v. The Parties each waive all rights against each other and their respective employees, agents, contractors, subcontractors, suppliers, sub subcontractors, and design professionals for damages caused by risks covered by the property insurance, except such rights as they may have to the proceeds of the insurance. 1. To the extent of the limits of Construction Manager's Commercial General Liability Insurance, Construction Manager shall indemnify and hold harmless City against any and all liability, claims, demands, damages, losses, and expenses, including attorneys' fees, in connection with or arising out of any damage or alleged damage to any of City's existing adjacent property, including personal property, that may arise from the performance of the Work, to the extentcaused bythe negligent or intentionally wrongful acts or omissions of Construction Manager, Subcontractor, Supplier, Sub subcontractor, or anyone employed directly or indirectly by any of them or by anyone for whose acts any of them may be liable. g. RISK OF LOSS: Except to the extent a loss is covered by applicable insurance, risk of loss from damage to the Work shall be upon the Party obtaining and maintaining the Builder's Risk until the Date of Final Completion. RFP 24-15, CMAR for Maple Street Improvements Page 15 of 21 Docusign Envelope ID: D4FC9441-8D54-46A7-AOA2-3FAD12272FE0 h. ADDITIONAL GENERAL LIABILITY COVERAGE: City shall require Construction Manager to purchase and maintain additional liability coverage. Construction Manager shall provide: Additional Insured. City shall be named as an additional insured on Construction Manager's Commercial General Liability (CGL) specified, for on -going operations and completed operations, excess/umbrella liability, commercial automobile liability, and any required pollution liability, but only with respect to liability for bodily injury, property damage, or personal and advertising injury to the extent caused by the negligent acts or omissions of Construction Manager, or those acting on Construction Manager's behalf, in the performance of Construction Manager's work for Owner at the Worksite. The insurance of the Construction Manager and its Subcontractors (both primary and excess) shall be primary to any insurance available to the Additional Insureds. Any insurance available to the Additional Insureds shall be excess and non-contributory. ii. OCP. Construction Manager shall provide an Owners' and Contractors' Protective Liability Insurance ("OCP") policy with limits equal to the limits on CGL specified, or limits as otherwise required by Owner. Any documented additional cost in the form of a surcharge associated with procuring the additional liability coverage in accordance with this subsection shall be paid by CMAR. Before commencing the Work, Construction Manager shall provide either a copy of the OCP policy, or a certificate and endorsement evidencing that City has been named as an additional insured, as applicable. ROYALTIES, PATENTS, AND COPYRIGHTS: Construction Manager shall pay all royalties and license fees, unless otherwise specified in the Contract Documents, which may be due on the inclusion of any patented or copyrighted materials, methods, or systems selected by Construction Manager and incorporated in the Work. Construction Manager shall defend, indemnify, and hold City harmless from all suits or claims for infringement of any patent rights or copyrights arising out of such selection unless such design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in documents prepared by the Owner. PROFESSIONAL LIABILITY INSURANCE: To the extent Construction Manager is required to procure design services, Construction Manager shall require its design professionals to obtain a commercial professional liability insurance for claims arising from the negligent performance of professional services under this Agreement, with a company reasonably satisfactory to City, including coverage for all professional liability caused by any consultants to Construction Manager's design professional, written for not less than one million US dollars ($1,000,000) per claim and in the aggregate. Construction Manager's design professional shall pay the deductible. The Professional Liability Insurance shall contain a retroactive date providing prior acts coverage sufficient to cover all Services performed by the Constructor's design professional for this Project. Coverage shall be continued in effect for the entire warranty period. 21. Professional Responsibility: CMAR will exercise reasonable skill, care, and diligence in the performance of services and will carry out its responsibilities in accordance with customarily accepted professional practices. CITY OF FAYETTEVILLE will promptly report to CMAR any defects or suspected defects in services of which CITY OF FAYETTEVILLE becomes aware, so CMAR can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of CMAR. 22. Responsibility of the aty of Fayetteville a. CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of CMAR: i. Provide full information as to the requirements for the Project. RFP 24-15, CMAR for Maple Street Improvements Page 16 of 21 Docusign Envelope ID: D4FC9441-8D54-46A7-A0A2-3FAD12272FEO ii. Assist CMAR by placing at CMAR's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. iii. Assist CMAR in obtaining access to property reasonably necessary for CMAR to perform its services. iv. Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by CMAR and render in writing decisions pertaining thereto. v. Review all documents and provide written comments to CMAR in a timely manner. vi. The City of Fayetteville Public Works Director, or their designee, is the project representative with respect to the services to be performed under this Agreement. The Public Works Director shall have complete authority to transmit instructions, receive information, interpret and define policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 23. Cost Opinions and Projections: Cost opinions and projections prepared by the CMAR relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, cost estimating, and operating results are based on CMAR's experience, qualifications, and judgment as a CMAR professional. 24. Period of Service: This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. a. The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. CMAR shall proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. 25. Termination: a. This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. b. This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that CMAR is given: i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. c. If termination for default is affected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but i. No amount shall be allowed for anticipated profit on unperformed services or other work, ii. Any payment due to CMAR at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of CMAR's default. RFP 24-15, CMAR for Maple Street Improvements Page 17 of 21 Docusign Envelope ID: D4FC9441-8D54-46A7-AOA2-3FAD12272FE0 d. If termination for default is affected by CMAR, or if termination for convenience is affected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to CMAR for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by CMAR relating to commitments which had become firm prior to the termination. e. Upon receipt of a termination action under Paragraphs above, CMAR shall: i. Promptly discontinue all affected work (unless the notice directs otherwise), ii. Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by CMAR in performing this Agreement, whether completed or in process. f. Upon termination under sections above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. g. If, after termination for failure of CMAR to fulfill contractual obligations, it is determined that CMAR had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in this agreement. 26. Delays a. In the event the services of CMAR are suspended or delayed by CITY OF FAYETTEVILLE, or by other events beyond CMAR's reasonable control, CMAR shall be entitled to additional compensation and time for reasonable documented costs incurred by CMAR in temporarily closing down or delaying the Project. b. In the event the services are suspended or delayed by CMAR, CITY shall be entitled to compensation and time for reasonable costs incurred in temporarily closing down or delaying the Project. 27. Rights and Benefits: CMAR's services shall be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 28. Dispute Resolution a. Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and CMAR which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or CMAR in the performance of this Agreement, and disputes concerning payment. b. Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given as described in this agreement, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in this agreement have been complied with. c. Notice of Dispute i. For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice. ii. For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give CMAR written Notice at the address listed in this agreement within thirty (30) calendar days after occurrence of any incident, accident, or first observance of defect or damage. In both RFP 24-15, CMAR for Maple Street Improvements Page 18 of 21 Docusign Envelope ID: D4FC9441-8D54-46A7-AOA2-3FAD 12272FEO instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. iii. Negotiation: Within seven (7) calendar days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and CMAR shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of CMAR, and the Mayor of CITY OF FAYETTEVILLE or his or her designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 calendar days of the written request to resolve the dispute. 29. Sufficient Funds: The CITY represents to have sufficient funds or the means of obtaining funds to remit payment to CMAR for services rendered by CMAR. All parties agree if funding should become insufficient to complete the project, CMAR shall be notified in a timely manner. 30. Publications: Recognizing the importance of professional services on the part of CMAR's employees and the importance of CMAR's public relations, CMAR may prepare publications, such as technical papers, articles for periodicals, promotional materials, and press releases, in electronic or other format, pertaining to CMAR's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to CMAR, CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. Approved materials may be used in a variety of situations and do not require additional review or approval for each use. The cost of CMAR's activities pertaining to any such publication shall be for CMAR's account. 31. Indemnification: To the fullest extent permitted by law, the CMAR shall indemnify and hold harmless the City from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death or injury to or destruction of tangible property (other than the Work itself) but only to the extent caused by the negligent acts or omissions of the CMAR, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Agreement. 32. Ownership of Documents: All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD drawings, estimates, field notes, and project data are and remain the property of CITY OF FAYETTEVILLE. CMAR may retain reproduced copies of drawings and copies of other documents. Engineering and architectural documents, computer models, drawings, specifications and other hard copy or electronic media prepared by CMAR as part of the Services shall become the property of CITY OF FAYETTEVILLE when CMAR has been compensated for all Services rendered, provided, however, that CMAR shall have the unrestricted right to their use. CMAR shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of CMAR. c. Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. CMAR makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. RFP 24-15, CMAR for Maple Street Improvements Page 19 of 21 Docusign Envelope ID: D4FC9441-8D54-46A7-AOA2-3FAD12272FEO 33. Additional Responslbilltles of CMAR: a. Review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder by CITY shall not in any way relieve CMAR of responsibility for the technical adequacy of the work. Review, approval or acceptance of, or payment for any of the services by CITY shall not be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. b. CMAR shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by CMAR's negligent performance, except beyond the CMAR's normal standard of care, of any of the services furnished under this Agreement, and except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. c. CMAR's obligations under this clause are in addition to CMAR's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against CMAR for faulty materials, equipment, or work. 34. Audit and Access to Records: a. CMAR shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. b. CMAR shall also maintain the financial information and data used by CMAR in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. CMAR will provide proper facilities for such access and inspection. c. Records shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. d. This right of access clause (with respect to financial records) applies to: i. Negotiated prime agreements ii. Negotiated change orders or agreement amendments affecting the price of any formally advertised, competitively awarded, fixed price agreement iii. Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier sub agreement or purchase order awarded after effective price competition, except: 1. With respect to record pertaining directly to sub agreement performance, excluding any financial records of CMAR; 2. If there is any indication that fraud, collusion, gross abuse or corrupt practices may be involved; 3. If the sub agreement is terminated for default or for convenience. RFP 24-15, CMAR for Maple Street Improvements Page 20 of 21 Docusign Envelope ID: D4FC9441-8D54-46A7-AOA2-3FAD12272FEO 35. Covenant Against Contingent Fees: CMAR warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage orcontinentfee, excepting bona fide employees or bona fide established commercial orselling agencies maintained by CMAR for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 36. Gratuities: a. If CITY OF FAYETTEVILLE finds after a notice and hearing that CMAR or any of CMAR agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE or related third party contractor associated with this project, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to CMAR terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. b. The CITY may pursue the same remedies against CMAR as it could pursue in the event of a breach of the Agreement by CMAR. As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount, as determined by CITY, which shall be not less than three nor more than ten times the costs CMAR incurs in providing any such gratuities to any such officer or employee. 37. Clarification and Understanding of all parties: a. The citizens of Fayetteville voted to authorize the Fayetteville City Council to issue bonds to fund this project. b. All parties agree and acknowledge that all funds derived from the City's sale of the bonds may only be spent or used for purposes authorized by the City voters and applicable state law. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and FLINTCO, LLC. by its authorized officer have made and executed this Agreement as of the day and year first above written CITY OF FAYETTEVILLE. ARKANSAS N* By: Molly A. Rawn, Mayor ATTEST: � FAYETfEVILLE �- 9'• Bv: . Kara Paxton, City Clerk -Treasurer Date Signed 3/18/2025 RFP 24-15, CMAR for Maple Street Improvements Page 21 of 21 FLINTCO, LLC. DoouSfgned by: By: Brent Farmer, Vice President/Area Manager Date Signed: 2/26/2025 1 9:42 AM PST APPENDIX A —SCOPE OF WORK for RFP 24-15, CMAR for Maple Street Improvements 1. PROJECTSUMMARY Flintco, LLC. shall provide construction management at risk (CMAR) services for the Maple Street Improvments Project. The project includes storm drainage, sidewalks, protected bike lane, enhanced crosswalks, turn lanes, new traffic signals, street lighting and landscaping. 2. SCOPE OF WORK a. Overview: Anticipated phases are identified below with associated scope of work. Scope of work is not limited to any additional industry standard scope of work necessary to complete each phase. Flintco, LLC shall coordinate with the design team composed of Olsson Inc., the City of Fayetteville, and the University of Arkansas in order to achieve best value for the overall success of the project, including working to achieve maximum cost savings. Coordination with design team is critical for all phases. b. Phase 1: Design Development and Construction Drawings from the Current Plans to Final Plans i. Construction Documents Phase 1. CMAR shall develop a construction phasing plan 2. CMAR shall develop a construction schedule 3. CMAR shall develop cost estimates for the most current design set and specifications and evaluate cost reduction alternatives and control. 4. Provide industry standard construction manager services, including but not limited to development of costs, identifying potential design changes which could result in cost savings or construction efficiencies, interact with the design team for review of documents, etc. 5. Coordinate with Olsson on Final Design Document sets, Final Specifications, and Cost Estimates and Schedule to present to the Design Team. (90% plan review). 6. After receiving 90% design review comments, meet with applicable City of Fayetteville and University of Arkansas Staff to resolve comments. 7. Assist Olsson in responding in writing to all City of Fayetteville and Universityof Arkansas comments on plans. 8. Assist Olsson in coordinating with City -owned utilities, University of Arkansas utilities, private utilities, and service providers. 9. Attend follow up meetings with the design team. 10. Construction Documents/Plans, Specifications and Project Drawings shall be routed through the City of Fayetteville and University of Arkansas for required approvals. 11. Assist Olsson and the City with the bid form and identify all separate trade packages. 12. Facilitate with Olsson and the Design Team in conducting cost -benefit analyses to understand construction costs, life -cycle cost impacts and long-term maintenance costs. RFP 24-15, CMAR for Maple Street Improvements APPENDIX A —SCOPE OF WORK Page 1 of 3 13. Coordinate with the design team to create plans for closure and detour of both pedestrian and street zones based on construction phasing. 14. Provide pedestrian access and ADA accessibility plan for construction duration. ii. Bid Phase 1. Coordinate with City Purchasing Division to ensure all procedures followed for this phase meet state laws and City of Fayetteville Purchasing Policies. 2. Provide services for reproduction and dissemination of bid sets (project manual and stamped drawings) to the City Design Team [PM (1), Purchasing (1) and interested bidders]. Documents should be made available to any interested party electronically at no cost. 3. Provide distribution of plans to all interested parties: a. Maintain open communication with the City of Fayetteville Purchasing Division throughout the bidding process. b. Distribution of all documents shall be done in a fair and unbiased manner while keeping all interested parties on equal terms. c. Document and keep an updated accurate record of plan holder's and provide updated listings to all interested parties in a timely manner. d. Answers to questions and inquiries shall be made in the form of an addendum and shall be provided to all interested parties at the same time. 4. Coordinate with City Purchasing Division during pre -bid meeting, facilitate and attend the Bid Opening. 5. Maintain open communication with the City Purchasing Division during any process involving Request for Information (RFI). 6. Any addenda shall be provided to the Purchasing Division for review and approval in advance of issuance. Bidders, interested parties, and plan holders shall receive all information included in addenda at the time addenda is issued. 7. In the event the CMAR desires to self -perform a portion of the work or a trade package, the CMAR shall submit a bid package in the same time and manner as other interested parties. S. Assist with the design of all Bid Proposals. 9. Review Olsson's Recommendation of Award Letter that includes the following required content (and assist with): a. Check for math errors and reconcile any mathematical discrepancies, b. Review for unbalance bid items, c. Coordinate with the City Purchasing Division in finalizing a Certified Bid Tabulation including Engineer's estimate, d. Review of contractor's financial standing and references provided, e. Explanation of discrepancies between the Engineer's estimate and bids, and f. Meet with the City to provide a formal written recommendation of award. 10. Attend City Council meeting(s) for the recommendation for award of Contract(s) for construction. a. Be able to provide a completed Affidavit of Compliance with each Change Order that includes bids. RFP 24-15, CMAR for Maple Street Improvements APPENDIX A —SCOPE OF WORK Page 2 of 3 c. Phase 2: Guaranteed Maximum Price and Construction Administration Phase i. Construction Administration Phase 1. Put forth diligent and fiscally responsible efforts to ensure the project will be completed on time and within budget. 2. Attend pre -construction meeting and conduct regular update meetings as jointly determined by the design team and contracted construction companies. 3. Coordinate with Olsson and the Design Team on all Request for Change Proposals, Change Orders, etc. including maintaining a log of all such documents. 4. The City of Fayetteville and the University of Arkansas intends to provide regular construction administration services. Olsson will provide field services, progress meetings, and progress payment review and assistance on a bi-monthly basis. 5. Review site visit report from the Olsson, City of Fayetteville and University of Arkansas staff team at least twice (2) per month. 6. Coordinate with the Design Team to conduct Substantial Completion Inspection, coordinate with architect to create punch list, substantiate that items noted are completed, and issue Substantial Completion Certificate. 7. The Design Team shall be notified to attend all on -site meetings, review and approve all pay requests, and change order review prior to Mayor's approval. 8. Coordinate with the design team to create plans for closure and detour of both pedestrian and street zones based on construction phasing. ii. Project Close Out 1. Provide Warranty Services during the entire Warranty Period. Olsson to issue Warranty Reports and review items after the CM has notified the City that these items are complete. 2. Provide support services as needed during the project close out process. 3. Provide close-out submittal to Olsson for completeness before transmitting to the City which include but are not limited to: a. Contractor's red lines and as -built notes b. Provide as -built record drawings noting any changes to the plans prepared by Olsson (both hard copy and digital formats) c. Produce a project narrative that provides a comprehensive review of the construction activities for the project with a project narrative submitted for City approval at the completion of each contract phase. RFP 24-15, CMAR for Maple Street Improvements APPENDIX A —SCOPE OF WORK Page 3 of 3 SECTION A VII Cost Flintco greatly respects and appreciates our relationship with City of Fayetteville. We look forward to each project as an opportunity to prove ourselves and showcase our team. For the City of Fayetteville Maple Street Improvements project, Flintco's preconstruction fee is $1.00. There are no other fees solely associated with preconstruction. CITY OF FAYETTEVILLE MAPLE STREET IMPROVEMENTS I RFP 24-15 1fmAvrGD 116 CITY OF City of Fayetteville, Arkansas Purchasing Division — Room 306 FAY E T T E V I L L E 113 W. Mountain V A R K A N S A S Fayetteville, AR 72701 Phone: 479.575.8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 Request for Proposal: RFP 24-15, CMAR for Maple Street Improvements DEADLINE: Tuesday, January 7, 2025 before 2:00 al ti PRE -PROPOSAL CONFERENCE: Tuesday, e mb 7, 24, Roo* t�32 of Ft� eville SR. PURCHASING AGENT: Amanda3LXJuss, DATE OF ISSUE AND ADVE Q TOR At$ to e M a DJ N MT-40WA 6100 AM, in I I -a r.gov 0/24 ments No late proposals shall be acc Ps sh ubmitte�rough the City's third -party electronic bidding platform or by submit i seale ical prep to the City of Fayetteville, Purchasing Division at the below loca City o F teville 4q PCrchas vision — Room 306 1 ountain Street Fa eville, AR 72701 All proposals shall tted in accordance with the attached City of Fayetteville specifications and documents attache ereto. Each Proposer is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The City of Fayetteville shall not be responsible for lost or misdirected proposals, or for failure of proposers technical equipment. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Director. City of Fayetteville, AR RFP 24-15, CMAR for Maple Street Improvements Page 1 of 23 City of Fayetteville RFP 24-15, CMAR for Maple Street Improvements Advertisement City of Fayetteville, AR Request for Proposal RFP 24-15, CMAR for Maple Street Improvements The City of Fayetteville is accepting proposals from construction managementfirms licensed to do business within the State of Arkansas to provide, construction management / general contractor (CM/GC) services as a construction management at risk (CMAR) / guaranteed maximum (GMP) project for the reconstruction of 2,500 linear feet of Maple Street from Gregg Avenue to Garland Avenue. The project includes storm drainage, sidewalks, protected bike lane, enhanced crosswalks, turn lanes, new traffic signals, street lighting and landscaping. Any questions regarding this RFP shall be directed to Amann Beilfuss qj:R pf Fayetteville Sr. Purchasing Agent at abeilfuss@fayetteville-ar.gov or (479) 575-8220. [- ` _�f Solicitation documents and addenda shall be obtaine at e Cit f 7eett`teville Png Division's electronic bidding platform at www.fa etteville-ar. ov bids. II propos be recey Tuesday, January 7, 2025 before 2:00 PM, Local Time utilizing the elec c I ding f r or by i ing a sealed physical proposal to the City of Fayetteville, Purchasing Divisirop I due be e time stated. No late proposals shall be accepted. Submitting electron str ourag e Cit Fayetteville shall not be ected responsible for lost or misdirpro , or for Llur)of propp r' techry2 uipment. A non -mandatory Pre -proposal nice we{d Tues cem 24 at 10:00 AM in Room #326 of Fayetteville City Hall. Inf a r gart pre-bi s`avai le on the project page on the City's electronic bidding platformt reSted�ariTes are e�p aged toeAend. `` A v ` 111 ]]]►►► All interested parties shall be qua[fi To do busi and licen /accordance with all applicable laws of the state and local governmentRe re e proje ated. Fyo ndred percent (100%) performance bond and separate payment bond isd with t n ct aw roposers shall have a current, valid registration with the Arkansas Secreate RFP d OR be able to provide proof of registration before recommendation of rdlo Fayettevi ity Cou il�tration and good standing in the System for Award Management (SAM) also b \relZed prio*t* act execution. The City of Fayetteville res e right t e ct any or all Proposals and to waive irregularities therein, and all parties agree that such nn hall be without liability on the part of the City of Fayetteville for any damage or claim brought by an party because of such rejections, norshall any interested party seek any recourse of any kind against th i y of Fayetteville because of such rejections. The filing, of any Statement in response to this invitation shall constitute an agreement of the interested party to these conditions. The City of Fayetteville hereby notifies all proposers that this contract is subject to applicable labor laws, non- discrimination provisions, wage rate laws, and other federal laws including, but not limited to, the Uniform Administrative Requirements, Cost Principles, Audit Requirements for Federal Awards (2 CFR part 200), National Environmental Policy Act, and Build America, Buy America Act. City of Fayetteville, AR RFP 24-15, CMAR for Maple Street Improvements Page 2 of 23 This project is a Federal -Aid contract. This project requires wage rates to be paid according to Davis -Bacon Federal Wage Rates. City of Fayetteville By: Amanda Beilfuss, Sr. Purchasing Agent P: 479.575.8220 abeilfuss@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 12/08/24, 12/09/24, 12/10/24 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $734.44 City of Fayetteville, AR RFP 24-15, CMAR for Maple Street Improvements Page 3 of 23 City of Fayetteville RFP 24-15, CMAR for Maple Street Improvements SECTION A: General Terms & Conditions 1. SUBMISSION OF A PROPOSAL SHALL INCLUDE: Each proposal shall contain the following at a minimum. Proposer must also address detailed requirements as specified in the Scope of Work. a. A written narrative describing the method or manner in which the Proposer proposes to satisfy requirements of this RFP in the most cost-effective manner. The term Proposer shall be in reference to a firm or individual responding to this solicitation. b. A description of the Proposer's experience in providing the same or similar services as outlined in the RFP. This description should include the names of the person(s) wh will provid the services, their qualifications, and the years of experience in performing this t Y&rk. AIZIF, de the reference information requested in this RFP. Q � ,),N c. The complete fee and cost to the City for al services o lip in his RF v d. Statement should be no more than • 1►-fiv 2 es; sintandard, readable, print on standard 8.5x11 documents. Pro all s it a thre2 g imum) executive summary. The following items will not co and thE%JweJty-five-6 pendix, cover sheet, 3-page IWANOF executive summary, resum es hall be no mor page�pe on), and forms provided by the City for completion. �� i. Submitting a responding es Qn in o th��isJ FP osal`s s `e[`pre_pared simply and economically, providing a str fight concise cription of ity to meet the requirements for the project. Fancy bin n , olored di0s, and r onal material are not required. Emphasis should be on plet ess a ity of co I documents physically submitted should be typewritte andardd/// 8►►►►►► �wh'te and bound in one volume. Exceptions would be schema xhi its, of resume City required forms. Limit proposal to twenty-five (25) ess, exclud' resumes, team resumes, references, and forms required by the City for co etion. �Qll�jposals sr e aled upon delivery to the City of Fayetteville. 1. O ti —•Ellectr `Submittal (strongly eneoura e : Proposers can go to e eville-ar.gov/bids and follow the prompts to submit a proposal within the onic bidding platform. If a proposal is submitted electronically, a physical submission not necessary. All Proposers must register in order to be able to submit. There is no fee for registration. 2. Option 2 — Physical Submittal: All Proposers shall submit one (1) original copy of their proposal as well as one (1) electronic copy on a properly labeled USB or other electronic media device. The electronic copy submitted shall be contained into one single electronic file and shall be identical to the hard copies provided. The use of Adobe PDF documents is strongly recommended. Files contained on an USB or electronic media shall not be restricted against saving or printing. Electronic copies shall not be submitted via e-mail to Cityemployees bythe Proposer and shall be provided to the City in a sealed manner. Fed Ex, City of Fayetteville, AR RFP 24-15, CMAR for Maple Street Improvements Page 4 of 23 UPS, US PS, or other packages should be clearly marked with the RFP number on the outside ofthe mailing package. e. Proposals will bereviewed following the stated deadline, as shown onthe cover sheet ofthis document. Only the names of Proposer's will be available after the deadline until a contract has been awarded by the Fayetteville City Council. All interested parties understand proposal documents will not be available until after uvalid contract has been executed. t Proposers shall submit a proposal based on documentation published by the Fayetteville Purchasing Division. g. Proposals must follow the format of the RFP. Proposers should structure their responses to follow the sequence ofthe RFP. h. Proposers shallhave experience in work of the will satisfy the City of Fayetteville. Proposer a I urnish aLpfer ce is o n for whom they have %91' t fT performed similar services and must provide icl)ation R�estecl in , . ecu m e nt. i Proposer is advised that exceptions agreement must be identified in its o eto ailuretk o may lead the City to declare any such term non-negotiable. Propo 's esire tal xceptio 21140 _n o able term will not disqualify it from consideration for awkiar ]. Local time shall be od4Deadline. Documents shall be d b the atomic clock located in the Purchasing Division O��ceore ic d Y�c�n h ird'pa�ybidding softvvare. No oral interpretations 4111je made toatlaVims as tot�ft—meaning of specifications or any other contract documents. All que rtaini 11% term nditions or scope of work of this proposal must be senzmwrmngv an addendum if the se ou ro i e cil ion to the requirements of the proposal. All such addenda shall become part nrthe c ocu City will not be responsible for any other explanation or interpretation of the pro s FP ma eo i en prior to the award of the contract. __ DESCRIPTION OF-S AND SERVICES: Any rnanufarnes, trade name, brand narne, catalog number, etc. used in specifications are for the purpose of describing and establishing general quality levels. Such references are NOT intended to be restrictive. Proposals shall be considered for all brands that meet the quality of the specifications listed for any items. 4. RIGHTS OF CITY OF FAYETTEVILLE IN REQUEST FOR PROPOSAL PROCESS. In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the right tothe following: City of PayetteviIle, Ali RFP24'l5,[[NARfor Maple Street Improvements The City of Fayetteville reserves the right to rank firms and negotiate with the highest-ranking firm. Negotiation with an individual Proposer does not require negotiation with others. b. The City of Fayetteville reserves the right to select the proposal it believes will serve the best interest of the City. c. The City of Fayetteville reserves the right to accept or reject any or all proposals. d. The City of Fayetteville reserves the right to cancel the entire request for proposal. e. The City of Fayetteville reserves the rightto remedy orwaive technical or immaterial errors in the request for proposal or in proposals submitted. f. The City of Fayetteville reserves the right to request any necessary ctrification ional information or proposal data without changing the terms of the proposal. K"t, g. The City of Fayetteville reserves the right to�j sele i the Pr e to perform the services required on the basis of the original prod Is without o ' tion. h. The City reserves the right to askfor e and fi rom on ore Proposers. The best and final offer process is not guaranteed; r ore, P opo s shall s and r p nd to this RFP on the most favorable terms available. 5. EVALUATION CRITERIA: The evaluation criterion the fact hat will s by the Iec n committee to evaluate and score responsive, responsible a d qualiNuate oposals ro sers shall ' c de sufficient information to allow the selection committee tothoro a propo ach proposal submitted shall be evaluated and ranked by a selection Comm e. The t will b rded to the most qualified Proposer; per the evaluation criteria listed ' t is R P. Pro are not Reed to be ranked. 6. COSTS INCURRED POSERS; All expenses inv�Ai, th the par Lion mission of proposals to the City, or any work performed in connection tl- ehall o e so Proposer(s). No payment will be made for any responses received, or for any other requir d of o made by, the Proposer(s) prior to contract commencement. 7. ORAL PRESENTA 10 An oral presenta nd/or interview may be requested of any firm, at the selection committee's discretion. S. CONFLICT OF INTEREST: a. The Proposer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Limited Authority of City Employee to Provide Services to the City". b. The Proposer shall promptly notify Amanda Beilfuss, City Sr. Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may City of Fayetteville, Ali RFP 24-15, CIVIAR, for Maple Street Improvements Page 6 of 23 influence or appear to influence the Proposer's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the Proposer may undertake and request an opinion to the City as to whether the association, interest or circumstance ,would, in the opinion of the City, constitute a conflict of interest if entered into bythe Proposer. The City agrees to communicate :with the Proposer its opinion via e-mail or first-class mail within thirty days of receipt of notification. 9. WITHDRAWAL OF PROPOSAL: A proposal may be withdrawn prior to the time set for the proposal submittal based on a written request from an authorized representative of the firm; however, a proposal shall not be withdrawn after the time set for the proposal. a. Proposal and modifications received after the time setfor the propos submittal s of be considered. Modifications in writing received prior to the deadline will be a t The Cit not be responsible for misdirected bids. Proposers refer to theiGermceipt ission statu e onlin bi ing portal or call the Purchasing Division at (479) 575-8220 to ens it submitta ments prior to opening time and date listed. b. The time set for the deadline shall be c ime F eville, he date listed. All proposals shall be received in the Purchasing Div' o FO e e dline s The ial clock to determine local time shall be the atomic clock I in the P ch sing Div' i oom City Hall, 113 W.�,1auntain Fayetteville, AR. 11. CONSTITUTIONAL STA EDERA, LIA IR NT . The laws of the State of rl<ansas up to any urc made this request for proposal. Proposers shall comply with all constituti I, e, and f directive ers and laws as applicable to this proposal and subsequent contract(s) in u i but nolli d to Eq I oyment Opportunity (EEO), Disadvantaged Business Enterprises (DB ^ OS A as arwwjle to thi ct. N\0 12. PROVISION FOR 0TkJ GE CIES \CO Unless otherwis ted b the apo e e Proposer agrees to make available to all Government agencies, departm is m ies, a s the proposal prices submitted in accordance with said proposal terms and condi ' erein, ho ny said governmental entity desire to buy underthis proposal. Eligible users shall m state of nsas agencies, the legislative and judicial branches, political subdivisions (count aI district school boards, community colleges, municipalities, counties, or other public agencies rities), which may desire to purchase under the terms and conditions of the contract. 13. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "Proposer certifies that their proposal is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." City of Fayetteville, lilt f,FP 24-15,. CMAFI, for Maple Street Improvements Page 7 of 23 14. RIGHT TO AUDIT, F01A, AND JURISDICITON: a. The City ofFayetteville reserves the privilege of auditing a Contractor's records as such records relate to purchases between the City and said Contractor. b. Freedom of Information Act: [hx contracts and documents prepared while performing City contractual work are subject tothe Arkansas Freedom ofInformation Act. |faFreedom ofInformation Act request is presented to the City of Fayetteville, the (contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom ofInformation Act (AI.A. §25-19- 10I et. seq.). Only legally authorized photocopying costs pursuant to the FO|A may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 15. CITY INDEMNIFICATION: The successful Proposer(s) agrees to indemnify the City and h Id it a Ss fro&nhgainst all claims, 10 liability, loss, damage or expense, including b t n mited to coun s, arisi fr or by reason of any actual or claimed trademark, patentor copyrigh ig &inmen r i ation bas 3Ror., with respect to the services or any part thereof covered by this ord r, and such@Qbli tionshall r i e acceptance of the services and payment thereof by the City. 16. All standard terms and condition ' Nd in specifically stated in the subseq Wectigps understood by Proposers I Vq b m Lt t Via Persons with disabilities Persons needing tra;nsIAN of is dc immediately. N 18. PAYMENTS AND G: The Proposer must pecify t4 as invoices submitted fo responsible for irnrne of this docu hich recedence, and should be fully �pftposal re the cle ater than seven days prior to the deadline. '00""W � shall c tie City of Fayetteville, Purchasing Division, �^-~f companyQ .004b J1 prop e act name and address which must bethe same of award of this RFP. Further, the successful Proposer is iotifvingturohasing Division ofany company name change, which would cause invoicing to c rom the name used atthe time ofthe original RFP. Payment will bemade within thirty days of in The City of Fayetteville is very credit worthy and will not pay any interest or penalty for untirnepayments. Payments can be processed through Proposer's acceptance of Visa at no additional costs tothe City for expedited payment processing. The City will not agree 10allow any increase in hourly rates by the contract without PRIOR Fayetteville City Council approval. 19. a. The City reserves the right to cancel this contract without cause by giving thirty/]O\ days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractorfails tofulfill or abide by any of the terms or conditions specified. City of PayetteviIle, Ali RFP24'l5,[[NARfor Maple Street Improvements b. Failure of the contractor to onrnp|y with any of the provisions of the contract shall be considered a material breach of contract and shall be causefor immediate termination ofthe contract at the discretion of the City of Fayetteville. In addition to all other legal remedies available tothe City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the Contractor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. a. The Contractor shall perform this contract. No assignment of subc , tracting h allowed without ortion ork, the Proposer prior written consent of the City. If a Proposer intends to subco tt 4?7V IQ shall disclose such intent in the proposal sub s a resUlt o F P. la V b . In the event of a corporate acquisition erger, tractor I rovide written notice to the tor's t o such or upon the occurrence of said City within thirty (30) calendar days ,+,trcl action, whichever occurs first. 21. NON-EXCLUSIVE CONTRACT: Award of this RFP shall impos o "" ligatiOn on the City I , e h ractor for all work of this type., which may develop during Caa ct d. T clt t I _ 0 the right to concurrentl i 4 ct withK com s r simil wo if it deems such an action to be in the City's best interest. I�tVhecas*QfAultiple-R�ase ntracts is rovision shall apply separately to each 22. Lobbying of selectio c . Ittee Cit e teville employees, or elected officials regarding request for propo quest for I cations, bid r contracts, during the pendency of bid protest, bythe bidder/proposer or or m mbe e bidder's/proposer's/protestor's staff, and agent of the bidder/proposer/pr estor, per 4 o ed by any legal entity affiliated with or representing an organization that is resp I o the qu t 0 r proposal, request for qualification, bid or contract ., or has a pending bid protes is prohibite her upon advertisement or on a date established by the City of Fayetteville and ha rohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; ed, however, nothing herein shall prohibit a pros pective/bid der/proposer from contacting the Purc asing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification., bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to berejected. City of PayetteviIle, Ali RFP24'l5,[[NARfor Maple Street Improvements 23. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this RFP from the Proposer. When approved by the City as an amendment to the contract and authorized in writing priorto work, the Contractor shall provide such additional requirements as may become necessary. A written agreement, in substantially the form attached, incorporating the RFP and the successful proposal will be prepared by the City, signed by the successful Proposer and presented to the City of Fayetteville for approval and signature of the Mayor. 25. INTEGRITY OF REQUEST FOR PROPOSAL (RFP) DOCUMENTS: Proposers shall use the original RFP form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Proposers may use an attachment as an addendum to the RFP form(s) if sufficient space is not available on the original form for the Pro er to enter mplete response. Any modifications or alterations to the original RFP documents a oposep�wtper intentional or otherwise, will constitute grounds for rejection of uc RFP res nse. ny suc d 'cations or alterations a Proposer wishes to propose shall be clearly state e Pro RFP res nd presented in the form of an addendum to the original RFP documn 26. INSURANCE: Any project selected under this RFP s I quire rof oval lia sura i the amount of $5 million US dollars, at minimum. Such Cert ' e of Insur hall [is ty as itional insured and not be required unless firm is awarde c ntrac ertificate of i u e sh rovided within 10 (ten) calendar days after contract r Th Ci r eivest to pr i der's risk insurance in the event it results in a cost to the E proj i. Profess nal/Co hensive ner Liabili ance: Minimum $5 million NO ii. Builder's Ri k iii. 1Nor ompens n. tutory nt iv. al utomtivu rance a ired by state law 27. OTHER GENERA7provid &DITI a. Proposers sent ion t t eir firm currently has or has applied for a valid Arkansas Contractor'srent istered and in good standing or has applied with the Arkansas Secretary ofb. Proposers mty with their proposals signed by an employee having legal authority to submit proposals on behalf of the Proposer. The entire cost of preparing and providing responses shall be borne by the Proposer. c. The City reserves the right to request any additional information it deems necessary from any or all Proposers after the submission deadline. d. This solicitation is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the City to pay for any costs incurred by Proposer in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this requestfor proposal is at the Proposer's own City of Fayetteville, Alt f1,F1124-15, CIVIAf, for Maple Street Improvements Page 10 of 23 risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. e. If products, components, or services other than those described in this bid document are proposed, the Proposer must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. f. Any uncertainties shall be brought to the attention to Amanda Beilfuss immediately via telephone (479.575.8220) or e-mail (abeilfuss@favetteville-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all Proposers to be on equal terms. E h. k Any inquiries or requests for explanation in regard to the City's requ ments shod e made promptly to Amanda Beilfuss, City of Fayetteville, Sr. Purchasing Agent vitnva� abeilfu 7 tteville-ar. ov) or telephone (479.575.8220). No oral interprets i tion i on r clarifbe gi 1 'No the meaning of any part of this request for proposal. All questionsicati s reques t er with answers, if any, will be provided to all firms via written a�c um. Na mssub 'n any questions, clarifications, or requests will not be disclosed until contra 's pace. At the discretion of the City, oneG)nc re fir s m ➢doe aske 7T�ore a d information before final ranking of the firms, which mayerview� Any information provi d Rin i i �en evil to e Pro � the preparation of proposals necessary to prope nd toFP. T is desi ed 1b provide qualified Proposers with sufficient basic info ation I�ubmit ppoo plsmeeti inimum specifications and/or test requirements but is not int�l�l�b limit ontentcQc)fexclude any relevant or essential data. Proposers ii manner rel irrevocably jurisdiction ;ainst it under, arising out of or in any law. Proposer hereby expressly and seeding based on any alleged lack of The successful Propo r iWII not alLsign the whole or any part of this Contract or any monies due or to become due hee thout wri consent of City of Fayetteville. In case the successful Proposer assigns all o of any monies due or to become due under this Contract, the Instrument of assignment sa clause substantially to the effect that it is agreed that the right of the assignee in and to any moor to become due to the successful Proposer shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. The successful Proposer's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful Proposer shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner City of Fayetteville, AR RFP 24-15, CMAR for Maple Street Improvements Page 11 of 23 affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having anyjurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to the City of Fayetteville. City of Fayetteville, Ali RFf' 24-15, CIVIAR, for Maple Street Improvements Page 12 of 23 City of Fayetteville RFP 24-15, CMAR for Maple Street Improvements SECTION B: Scope of Services and General Information a. The City of Fayetteville is accepting statements of qualifications from licensed professionals to provide construction management at risk (CMAR) services for the reconstruction of 2,500 linearfeet Maple Street from Gregg Avenue to Garland Avenue for the City of Fayetteville. The project includes storm drainage, sidewalks, protected bike lane, enhanced crosswalks, turn lanes, new traffic signals, street lighting and landscaping. b. Olsson, Inc. is serving as lead design professional for this project. c. Phasing and Award: One (1) contract will be awarded with m It' aces. will include pre - construction services as outlined below. PhaW will includ e Ord or the Guaranteed Maximum price for construction of the projec d. Project Funding: The total project fu cf 57c F d ough t e Streets for All Program and , matching to be split by the Univ Ark ns the Ci a etteville. PROJECT INFORMATION &RECkUIR T Request for Proposal (RFP)s ses all be submitt one primary construction manager firm with each addition c cte N sty as ntrac r primary. The primary firm, in addition to any can bird p llb ed Twit the P response and be considered the project team for the o all co rr.ion sco of roject. hl equirement to provide sub -consultant professionals does not incl ntract esforth al construction items (Electrical, Masonry etc.) as those items will be i the C er cant c ward. It is the intent of i licitati ter in ally beneficial agreement indicated by the draft provided ti^,pith P. The primary res ndin s all b x n ed in constructing a wide variety of streetscape elements such as; street recon on, sh red- s paved trails, sidewalks, stormwater infrastructure, lighting, signalization, land irrigation specific pavement materials. Respondents to this RFP shall submit at least ) similar type projects within the past ten (10) years that demonstrates successful street proje ojects listed shall have been completed by the employees/associates that will be b. C. assigned to this"project. Overview: Anticipated phases are identified below with associated scope of work. Scope of work is not limited to any additional industry standard scope of work necessary to complete each phase. Selected Primary firm shall coordinate with the design team composed of +Olsson Inc., the City of Fayetteville, and the University of Arkansas in order to achieve best value for the overall success of the project, including working to achieve maximurn cost savings. Coordination with design team is critical for all phases. City of Fayetteville, Ali f1,F1124-15, CMAFI, for Maple Street Improvements Page 1' of 21 Ulm 1. CMAR shall develop a construction phasing plan 2. CIVIARshall develop aconstruction schedule 3. [IVIARshaU develop cost estimates for the most current design set and specifications and evaluate cost reduction alternatives and control. 4. Provide industry standard construction manager services., including but not limited to development of costs, identifying potential design changes which could result in cost savings or construction efficiencies, interact with the design team for review of documents, etc. 5Coordinate i1h Olsson on Final Design O Final Spulfications,d Cost Estimates and Schedule to present to the Des' r,� (90% view). & NIP 6. After receiving 90% design jaew comments, with a QiNb'le City of Fayetteville ff and University of Arkansas ff res mments. Arkansas comment ns. 10. C t on Do m /Plans e i ti ns d Project Drawings shall be routed th g e City f yettevil niver f Arkansas for required approvals. 11. Assist 0 the Ci the bid f and identify all separate trade packages. tand co cost5#w ycle cost impacts and long-term maintenance c t \160 0 dinate the d s n team to create plans for closure and detour of both p e d ;,r , nd s re� e based on construction phasing. 1 0 14. Pr i edestri n a ess and ADA accessibility plan for construction duration. Bi Coordinate with City Purchasing Division to ensure all procedures followed for this phase meet state laws and City of Fayetteville Purchasing Policies. 2. Provide services for reproduction and dissemination of bid sets (project manual and stamped drawings) to the City Design Team [PM '1\, Purchasing /l' and interested bidders]. Documents should be made available to any interested party electronically a1nocost. 3. Provide distribution of plans to all interested parties: City of PayetteviIle, Ali RFP24'l5,[[NARfor Maple Street Improvements Page l4of2J a. Maintain open communication with the City of Fayetteville Purchasing Division throughout the bidding process. b. Distribution of all documents shall be done in a fair and unbiased manner while keeping all interested parties on equal terms. c. Document and keep an updated accurate record of plan holder's and provide updated listings to all interested parties in a timely manner. d. Answers to questions and inquiries shall be made in the form of an addendum and shall be provided to all interested parties at the same time. 4. Coordinate with City Purchasing Division during pre -bid meeting, facilitate and attend [. 7 the Bid Opening. Maintain open communication with the City Purchasing Division during any process involving Request for Information (RFI). Any addenda shall be providad to the Purch ivision ew and approval in advance of issuance. BiddErs., teres parts s, and olders shall receive all information included in adde at the e dend d. In the event the CIS e Tres to If r rm a p f the work or a trade package, the CMAR shall su i id a the sa e and manner as other interested parties. Assist wit sign of all ropos Revie n's Re eticlatio rd L e includes the following required c n ass' i Che oemath erWrs a recon mathematical discrepancies, b. e e ifor unb kNF id item c. Coordinat the Cit haling Division in finalizing a Certified Bid oilTabu FludinNis estimate d. Revieo contrac nancial standing and references provided, ancies between the Engineer's estimate and bids, and to provide a formal written recommendation of award. meeting( s) for the recommendation for award of Contract(s) for Put forth diligent and fiscally responsible efforts to ensure the project will be completed on time and within budget. 2. Attend pre -construction meeting and conduct regular update meetings as jointlN,, determined by the design team and contracted construction companies. City of Fayetteville, silt RFf' 24-15, CMAFI, for Maple Street Improvements Page 15 of 21 3. Coordinate with Obsnn and the Design Team on all Request for Change Proposals, Change Orders, etc. including maintaining alog ofall such documents. 4. The [hv of Fayetteville and the University of Arkansas intends to provide regular construction administration services. O|sson will provide field services, progress meetings, and progress payment review and assistance on a bi-monthly basis. 5. Review site visit report from the Olsson., City of Fayetteville and University of Arkansas staff team at least twice (2) per month. G. Coordinate with the Design Team to conduct Substantial Completion Inspection., coordinate with architect to create punch list, substantiate that items noted are completed, and issue Substantial Completion Certificate. 7. The Design Team shall be notified toattend all on -site meetings, review and approve | pay requests, and change orderr' 8. Coordinate with the design team to creat an or clo,��ZrS�Fcd detour of both ii. Project Close Out 1. Provide Warranty dur g tire W r eriod. Olsson to issue Warranty Reports and re ms CM ha,4vr, ied City that these items are 4 a%�Q[5' al to 0 o comp en s before transmitting to the City a. two r's red H and as-bu' s P ro c roject r e that provides a comprehensive review of the ro constr Dn a cA iv,�iesf r the project with a project narrative submitted for City Any entity res to this RFP shall be a current licensed contractor with the State of Arkansas Contractor' Ing Board. Failure to hold a current contractor's license shall result in submittalsN jeotion. Al| �ubcontnactors on the project shall be properly licensed by the State of Arkansas Contractor's Licensing Board. b. Any industry standard cost share or savings incentive practices desired for discussion during contract negotiations should be disclosed with RFP response. Cost sharing practice shall be presented in the format of general best practices approach and contract terms. Pricing and fees are part ofthe selection criteria and shall beincluded with RFPsubmittal. c. Estimating City of PayetteviIle, Ali RFP24'l5,[[NARfor Maple Street Improvements d. After a contract has been awarded to the selected construction manager (CM) and within ten (10) calendar days of the final construction contract being finalized, provide a 100% separate performance and payment bond to the City of Fayetteville after being file marked at the Washington County Circuit Clerk's Office. Construction contracts for the project shall not be entered into between the CM and sub- contractor without a 100% payment and performance bond in the amount of the contract and any amendments thereto and shall provide for the manner in which the construction shall be managed and supervised. Bonds shall be valid and exchanged between all parties prior to the start of work. e. After contract award, the awarded CM shall furnish a certificate of insurance showing that insurance policies are carried in amounts acceptable to the City. Forms of insurance shall be, Comprehensive General Liability, Builder's Risk, Property Damage Insurance, Worker' Compensat' n, and Automobile coverage. Such insurance shall be kept in full force and in eff c all vvor een satisfactorily completed and accepted. All certificates of in ance shall lis ty of F _�tilile as an additional insured. The City of Fayetteville reserves the ight o bin 'Ider risk in e for this project in the event it results in a cost savings to the City. f. Ensure all funds spent are in accord ith Stat rkansas rement laws, including but not limited to i. Ensuring CMAR ma' a proper Vice with ansa C t ctors Licensing Board ii. Ensuring all su ctor *project operl li d by the Arkansas Contractors Licensing iii. Compliance ith Ark state la incl ing bu iced to sections: 1. A.C.-58-1001 2 A A. 19-11Jz A. A. 11 A.C.A 1 - 8-10 5. A. 17-3 � .A. § 12-1 A.C.A. § 12-80-101 8. A.C.A. § 22-9-101 9. A.C.A. § 22-9-103 10. A.C.A. § 22-9-104 11. A.C.A. § 22-9-213 12. A.C.A. § 22-9-401 13. A.C.A. § 22-9-501 14. A.C.A. § 22-9-601 City of Fayetteville, Ali RFf' 24-15, CMAFI, for Maple Street Improvements Page 17 of 21 15.AI.4. § 22-9-701 16.AU competitive bidding statutes shall remain in full force and effect and not be affected hereby 17. This project shall not authorize a design -build project contract or sub -contracts g. Project and change order pricing h. Schedule control i. Cost reduction and control 5, SUBMITTAL REQUIREMENTS: The Proposer shall provide adequate at 10 1 1 ren dq_r alifi and capable of effectively accomplishing the scope of service ropo I w' e revie a S c n Committee which could include ranking. Since there is n n e of the oser ha4 WYC 1%, ability, the proposal response 11 egatel aViguity� i h ect roposer's ability and approach. )m, Qgb i. Title Page: w t e laarn of irm, ad teleph umber, name of contact person, date, VNI &I ( ii. Table of Cor^ts: I lude a i entific the material by section and by page number. iii. Letter— te est: 1: - N N61 ation regarding previous experience related to elevant cle imilar pro�JAII Pro sers shall submit a minimum of four (4) references within the p five . In d vide in this section, your firm's primary business interest iv. Proiec anization — Provide an organizational chart indicating the relationship between th * n er's staff members who have responsibilities related to this project. Indicate on the ch%art�e names of key personnel and their titles. Submit professional qualifications and resumes ofstaff to be assigned to this project, showing where they have performed work on similar projects including Construction MonagernentGMP projects. v. Provide information regarding yourfirnfs past experience in providing the services requested in this RFP including information pertaining to customer satisfaction, timely completion, and meeting budgets onsimilar projects execu1ed under GK1P contracting format. City of PayetteviIle, Ali RFP24'l5,[[NARfor Maple Street Improvements Page l8of2J vi. Schedule: Sulamitter shall provide a general schedule for the completion of the scope of the specified project. vii. Cost: Total listing of fee for pre -construction services, and any additional fees associated with that pre -construction services only. viii. Additional Background: All Proposers are invited to include a maximum of two (2) pages of information not included above which may be useful and applicable to the project. b. Proposals shall include the following in addition to the other requirements specified: i. Prior experience construction streetscape and similar project types ii. Statement regarding understanding of pre -construction sere' es and appro h to billing for pre - construction services. Included as part of this statemen uId incl fear definition of understanding for what a Guaranteed Maximum Price means iii. Records of management teams o Qsar proJ th tim pletion, and high -quality workmanship iv. Records of previous similar with o verificati contact information. Please provide contact informat' udin ce cont o he er and architect on at least three (3) project e proje is s Id be w t e p (5j years. v. Current and pro vorkl OVvi. Current ma ' o dinNcavacity an 6. CONTRACT FORMATION: If the negotiation prod s mu t al agr t, a con Jill be considered for approval by the City of Fayetteville City Cou egotia ' h the nking Proposer fail, negotiations may be initiated with the next high - king Pro n it an a re nt is reached. The City reserves the right to reject all offers and end the p ss with ut cutl c ntract. 7. CONTRACTADMINISTRAT The Contract Admi 's r this Request for Proposal (RFP) shall be the City of Fayetteville's assigned Project Manag V Abernathy, Bond Project and Construction Director. The City's selected Project Manager will: a. Provide the successful Proposer direction and monitor the results within the limits of the Contract's terms and conditions. b. Manage issues which may arise as to quality and acceptability of services performed. Judge as to the accuracy of quantities submitted by the successful Proposer in payment requests and the acceptability of the services which these quantities represent. City of Fayetteville, Ali f1,F1124-15, CMAFI, for Maple Street Improvements Page 19 of 21 d. Serve as the point of contact for developing contract changes and amendments to be approved by the City of Fayetteville. e. Act as the City of Fayetteville's representative during the execution of any subsequent contract and related amendments. All questions arising, subsequent to the contract award, shall be addressed to the Purchasing Division. The following criteria will be used by the City to evaluate and score responsive proposals. Proposers shall include sufficient information to allow the City to thoroughly evaluate and score the proposal. Each proposal submitted is not required to be ranked by the selection committee. The contract may be awarded to the most qualified firm, per the evaluation criteria listed below, based on the evaluation of the selection committee. Following the evaluation of the proposals, the Selection Coramittee may r quest that the top- ranking firm(s) make an oral presentation or be interviewed. If pr se ns are��ry, they will take place in Fayetteville Arkansas. Notices will be sen the Purchasi yi-ion. 1) 30'%_, Qualifications in Relation to Sp 1c Prol be Pe Information reflecting qualifications of the fir d p ject ea icated s lized experience and technical competence of the fir nection ' the type plexity of the service required. Subcontractors, if u all b ith infor io on it organization. 2) 25% Experience, ence, and pacity or Information reflecting the names, tit qua i os (inclu peri c a technical competence) of the majo e e assiNLe this sp is ject. 3) 20% Propos d Meth Going k: propo rk plan (description of how the project Would be n ted as s 11 other f oncerning approach to scope) indicating methodownd edules ompli ope of work. Include with this the amount of wor ently un y. 4) 15% t rformance• evious e alua ions shall be considered a significant factor. If previous valuations the %t a of available, the professional firm's past performance records y a th w I be used, including quality of work, timely performance, dilige nd any e pertinent information. Firm will provide a list of similar jobs and person whom the City can contact for information. 5) 10% - st/Fees: Complete costs and fees as described in this RFP and for delivery of the proposal including fiscal feasibility and financial stability. All fees shall be clearly identified with RFP response and be itemized as much as possible. City of Fayetteville, Ali RFf' 24-15, CMAFI, for Maple Street Improvements Page 20 of 21 City of Fayetteville RFP 24-15, CMAR for Maple Street lmlarovements SECTION C: Signature Submittal a. Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. i. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order foryour bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TJO TI005, AS IT IATEL iS TO YOUR FIRM: 1) ISO KNOIr N RELATIONSHI E 2j RELATIONSHIP EK'IST see la C) b. I certify that; as an ficer o i organiz n, per t tt hed letter of authorization, am duly authorized to certify the ' r on pro erein i c rate and true; and my organization shall comply with all State and Fed Equal unity an -Discrimination requirements and conditions of employment. c. Proposer agr they sha av a curr t id registration with the Arkansas Secretary of State at time of RFP e OR b ble to per roof of registration before recommendation of award to Fayetteville City ouncil. d. Pursuant Arkan a Annotate 5-1-503, the Contractor agrees and certifies that they do not currently bo , o I and ,will not boycott Israel during any time in which they are entering into, orwhile in contract, y° public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during anytime in which they are entering into, orwhile in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. City of Fayetteville, Ali RFf' 24-15, CMAFI, for Maple Street Improvements Page 21 of 21 k At the discretion of the City, one or more firms may be asked for more detailed information before. final ranking of the firms, which may also include oral interviews. MOTE. Each Proposer shall submit to the City a primary contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. Corporate Name of Firm: Priman/ Contact: Phone#1 (cell preferred): E-Mail Address: Title of Primary Contact: ACKNOWLEDGEMENT OF ADDENDA Acknowledge receipt of addenda for this invita ion o bid by signing and dating below. All addendu s r eby extent as though it were originally includ ein. o in the appropriate blank listed herein t0 0 Phone#2: e sfTor pro r request for qualification art of t i r RFP documents to the same s/Bidd uld indicate their receipt of same subject tractor isqualification. 4. DEBARMENT CERTI O a. As an intere ty on project, required to provide debarment/suspension certification indicating comp ance halo I xecutive Order. Certification can be done by completing and signing this form b. Federal Exec ti r (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual aw sing federal funds, and all sub -recipients certify that the organization and its principals are not debarre , suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. c. Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, Ali RFP 24-15, CIVIAR, for Maple Street Improvements Page 22 of 23 S. SIGNATURE SUBMITTAL: NAME OF COMPANY: PHYSICAL ADDRESS: MAILING ADDRESS: TAX ID #: PHC)NE: E-M AI L: AR. SECRETARY OF STATE FILING #: SAM UEI #: SIGNATURE: ;7 PRINTED NAME: City of Fayetteville, Ali f1,F1124-15, CMAFI, for Maple Street Improvements Page 23of 23 CITY OF FAYETTEVILLE ARKANSAS Appendix A: Contract Provisions for Non -Federal Entity Contracts Under Federal Awards CODE OF FEDERAL REGULATIONS TITLE 2 — GRANTS AND AGREEMENTS PART 200, APPENDIX II Appendix II to Part 200, Title 2 — Contract Provisions for Non -Federal Entity Contracts Under Federal Awards https://www.govinfo.gov/content/pkg/CFR-2021-title2-volt/pdf/CFR-2021-title2-volt-part200. pdf Contractors and vendors shall comply with the following federal guidelines, in accordance with the most recent published version of Appendix II to Part 200—Contract Provisions for Non -Federal Entity Contracts Under Federal Awards. The definition of a "non -Federal entity" in this section shall mean the City of Fayetteville, AR. Language in this Appendi override rsede any language contained in the bid documents. All parties shall understand the terms "vendor " ntractor" ply to a design firm, construction contractor and/or sub -contractor. Language in th' app ndix shal ply It is appli t ederal law. Design firms shall incorporate all applicable federal language into bid specifi io , quali ' a ' equirement contract documents prepared for City of Fayetteville projects. 1. Simplified Acquisition Threshold: Contracts fo o� han the ed acquisit' shold, which is the inflation adjusted amount determined by the Civilian Agenc c�ion Co he Defensisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must addr a inistr ive, ractual, ::5as emedi in stances where contractors violate or breach contract terms, and e for such;�ns and as ap o e. 2. Termination for Cause and C ce �1 a. The Cityof Faye serves the ht to can I is ontract thou cause b giving thirty 30 days' notice to Y � Yg g Y( ) Y the vendor of th intent to c�or with C e i any time tl�v I►dor fails to fulfill or abide by any of the terms or conditions specified i. W *ement s utomatical minated if funds under federal award, number are discontinued by the a rd gency for a r son. Suc t tion shall take effect upon receipt of written notice. If there is a need ettle an earl01tion nation, pa ment up to the termination date would be determined by incurrence I able cost, of percent of time completed up to the settlement, or some other met ned by i on revi vendor's records. a. Failur ndor to omp ith a y e provisions of this contract shall be considered a material breach of contract d shall k�,�c or immeth er 'nation of the contract at the discretion of the City of Fayetteville. `VV, b. In addition to allA h legal rem ies vailable to the City of Fayetteville, the City reserves the right to cancel and obtain fr n ource any services which have not been provided within the period of time stated in the propo al, such time is stated, within a reasonable period of time from the date of order or request, as deter y the City. Equal Employment Opportunity— Vendor shall comply with 41 CFR 60-1.4(b) a. During the performance of this contract, the vendor agrees as follows: (1) The vendor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The vendorwill 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: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The vendor agrees to post in City of Fayetteville, AR Appendix A - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II Last Updated: 08/20/2024 Page 1 of 6 conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The vendor Will, in all solicitations Or advertisements for ernployees placed by or on behalf of the vendor, state that all qualified applicants will receive consideration for ernployment Withor.it: regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) 1 he vendor 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 ernployees 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; 3 7includinginvestigation 3 i! 3 1 3 C C'"1 1 "rE.ariraL„ or action, ara Ir1vE_StlL,ltlOn conducted r t."lE. E_rYap i)yE.r, or IS COrl.31.3tE_rat WIt1 the vendor's legal duty to furnish information. (4) The vendor will send to each labor union or representative ofaworkers with vvWch he has a collective bargaining agreement or other contract or understanding; a r to be pr a wising the said labor union or Workers' representatives of the vc_�rulor's c:orrunit. r dc_�r to"ris _ 'c <and shall post copies of the notice in conspicuous places avai CI) t employ and licants f loyment. (5) The vendor will comply with all provisExecu e 11246 0 `' e ber 24, 1965, and of the rules, regulations, and relevant orders r the Secretar _a r. (6) The vendor will furnish all .ic ion and =p S r .quired =cr -ive Order 1.:1246 of September 24, 1965; and by I ules, regula n ad or o ecretar} a or; or pursuant thereto, and will permit access to his books; rafNZ, and a the adm ' ring ag and the Secretary of Labor for CO purposes of Invest) r ) aScel"tal rY liance. WI ) 'L , rUIe_ r ? - )ns, and orders. (7) In the event of or`s noncomp ce with on iscrim ra uses of this contract or with any of the said r Ulatio rC rs, this co ac may b a e , terminated, or suspended in whole or in p- rt a t : R _ ndoi a eclared ' Ali or furt 60 __rnment contracts or federally assisted constri. atracts in Iac. rdance h o—dures a - oriz .d in Executive Order :11246 of September 24, 196 and sue hsanction S yimposed n re edies invoked as provided in Executive Order 1.:1.246 of SeK} ._ }E. 1.965i, oe, reg=Lila i c order of the Secretary of L..at}or, or as otherwise provided by la v.YJ (8) 1 he ve o will it .lude the I of the se mediately preceding paragraph (1) and the provisions of p a , hs (1) thro in every su t or purchase order unless exempted by rules, regulations, or rS O the. Sc.. :I" 3 Labor ISSL. `Suant to section 204 of Executive Order .11.246 of Septerber 2 1 -, so that suc visions w be bi ding upon each sub -vendor or vendor. The vendor will take such ction with re to any sL4) or purchase order as the administering agency may direct as a means o enforcing roviSI i t . no sanctions for noncompliance: ovided, )we .i, that in the event a vendor becomes involved in, or is threatened with; litigation wit sub -vendor or vendor as a result of such direction by the administering agency, the vendor may request the United States to enter into such litigation to protect the interests of the United States. b. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That: if the applicant so participating is a State or local governs"neat, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. c. The applicant agrees that itwill assist and cooperate actively with the administering agencyand the Secretary of Labor in obtaining the compliance of vendors and sub vendors With the equal opportunity clause and the rules; regulations; and relevant orders of the Secretary of Labor; that itwill furnish the administering agency and the Secretary of Labor such information as they may require for the strpervl Sion of suc-h Compliance, arid that It: will otherwise assist the City of Fayetteville, AR AppendixA- Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, CFR Park-100, Appendix 11 Last Updated: 08J20J2024 Pape 2 of 6 administering agency in the discharge of the agency's primary responsibility for securing compliance. d. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a vendor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon vendors and sub -vendors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. ff b. Subcontracts. Each nonexempt prime vendor or sub -vendor shall inclull�equal op� clause in each of its nonexempt subcontracts. ((��//�� c. Inclusion of the equal opportunity clause by re ren .TheeRaying oppo nity cla e included by reference in all Government contracts and subcontracts, in Covell ills of lad sportation requests, contracts for deposit of Government funds, and�co for issu U.S. n bonds and notes, and such other contracts and subcontracts as the Di FCCP��y Sig ate. d. Incorporation by operation of the o . y oper C order, t zI opportunity clause shall be considered to be a partof every contmcta s y��trp y1Ru"��»'y the o the reons in this part to include such a clause whether or not it is p�incor ted n such cac and wor not the contract between the 11 agency and the vendor is 11�� e. Adaptation of langua� necess es in Ian°�u e ay be In e equal opportunity clause as shall be appropriate to entl�yp}p ly to r a d�eiddlrng� 4. Davis -Bacon Ad, as by Department of Labor regulations a. See also 2 C.F.R. Part 200 endix II b. In accordance e sta ute, ve� st be req r pay wages to laborers and mechanics at a rate not less than the pre li agesspecif wage d to n made by theSecretaryof Labor. In addition, vendor must be require ay ages n once a c. The n -F er entity must p a copy of rent prevailing wage determination issued by the Department of Labor in ch solid ti e decisi4 �[a a contract or subcontract must be conditioned upon the acceptance of the wage determnl The Fe�dl tity must report all suspected or reported violations to the Federal awarding agency, i. CQn7 4 on projects s reference the appendices containing Wage Determination Numbers and dates. 5. Copeland "Ant c-' Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and SRbcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States'). a. Each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. i. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as may by appropriate instructions require, and also a clause requiring the subcontractors to City of Fayetteville, AR Appendix A - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II Last Updated: 08/20/2024 Page 3 of 6 include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 6. Contract Work Hours and Safety Standards Act a. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Parts. See 2 C.F.R. Part 200, Appendix II, ¶ E. b. Under40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer based on a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. c. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditionswhic areunsanitary zardousordangerous. These requirements do not apply to the purchases of supplies or mater rticles or vailable on the open market, or contracts for transportation or transmission of intelligen[9� d. Compliance with the Contract Work Hours an afe Standar ct ii. Overtime requirements. Nocontracto bcontrtacting f art of the contract work which may require or involve the erVl entoflabo echanicss r Lure or permit any such laborer or mechanic in any workweek i e ors is p yed on o k to work in excess of forty hours in such workweek unless suc ab r or a eives co tion at rate not less than one and one- half times the basic ra o or al ked it excL f forty^ in such workweek. iii. Violation; liability f d wages; uid ed dama . In he eve y violation of the clause set forth in paragraph (1 ection the con ctor an su contrates nsible therefor shall be liable for the unpaid additi�hqontractor s bcontr s be liable to the United States (in the case o wo d ne nd co t for th s f Colui o a territory, to such District or to such territo . uidatecr dNages. S u ated da ges hall be computed with respect to each individu laborerclieoianic, incl n chmen a an s, employed in violation of the clause set forth in paragraph( ion, in of$10f r alendardayonwhich such individual was required or permitted o o in excel standard o VVVeek of forty hours without payment of the overtime wages ed b the cla rth in pa. 1) ofthis section. iv. Wit for unpp/a►ii a s and I lid ages. The (write in the name of the Federal agency or the logra t recip�nty�j upon its o�p on or upon written request of an authorized representative of t D artment of L��j,,GGVV�r))withhold r can e to be withheld, from any moneys payable on account of work erformed by®®��ontractc� s ntractor under any such contract or any other Federal contract with the same��ntracQC17`11Nties 6t r federally -assisted contract subject to the Contract Work Hours and Safety�UkSrs Act, weld by the same prime contractor, such sums as may be determined to be c s satisfy anof such contractor or subcontractor for unpaid wages and liquidated as provided in the clause set forth in paragraph (2) of this section. v. ontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in ragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractorshall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses setforth in paragraphs (1) through (4) of this section." 7. Rights to Inventions Made Under a Contractor Agreement: If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient orsubrecipientwishes to enter into a contractwith a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. City of Fayetteville, AR Appendix A - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II Last Updated: 08/20/2024 Page 4 of 6 8. Clean Air Act 42 U.S.C. 7401: Contracts in excess of $150,000 shall comply with the following related to the Clean Air Act a. The vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 7401 etseq. b. The vendor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. c. The vendor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance funding. 9. Federal Water Pollution Control Act: Contracts in excess of $150,000 shall comply with the following related to the Federal Water Pollution Control Act a. The vendoragrees to complywith all applicable standards, orders orregulations issued pursuantto the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et sec. b. The vendor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indj n tribal govern nt) will, in turn, report each violation as required to assure notification to the (name of red iepi� deral Er anagement Agency, and the appropriate Environmental Protection A ency Regional Off (`/� c. The vendor agrees to include these requirem nts i each su trac xceedinjs,,�,No0 financed in whole or in partwith Federal assistance. 10. Debarment and Suspension (Executive Orde k9nffcd, 126a. This contract is a covered transacti o F.R. pt. 1 �i 2 C.F.R. pt. 3000. As such the vendor is required to verify that none of S/c a s princi fined .F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.9�� exclude deft ed at 2 F�180.kni squalified (defined at 2 C.F.R. § 180.935). VV/ b. A contract award (pFam .22 �ot be mad oesA1111111111e governmen wide exclusions in the System for ),i cordanc it OMBg ine at2 CFR 180 that implement Executive Orders 12549 Co ., p. 18 2689 (3Rpa t 1989 Comp., E. 235), "Debarment and Suspension." SA xclusionhpn�ins then s c roes de d uspended, or otherwise excluded by agencies, aswell as parties declan►1Y'`-'le undPtims ry or reg uthority other than Executive Order 12549. c. The vendor must com ly h 2 C.F.0, subpan 2 C.F.R. pt. 3000, subpart C and must include a requirement toRe lywi these r n any rcovered transaction it enters into. d. If it is later dthattth///h��[n r id no co h2C.F.R.ptl8Qsubpart Cand 2C.F.R. Et. 300Qsubpart C, in additi edies (v S to (name s agency serving as recipient and name of subrecipient), the Feder er ent may pur vailable r edies, including but not limited to suspension and/or debarment. e. The bid or prop sePes es to cor�the requirements of 2 C.F.R. pt. 18Q subpart C and 2 C.F.R. pt. 300Q subpartCwhilethisalid � ttheperiodofanycontractthatmayarisefromthisoffer.Thebidder or proposer furt r a inc dea rovision requiring such compliance in its lower tier covered transactions. 11. Byrd Anti -Cobb ing ent 31 U.S.C. § 1352 (as amended) a. Vendo apply or bid for an award of$10Q000 or more shall file the required certification. Each tier certifies to the tier a ve that it will not and has not used Federal 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. 12. Procurement of recovered materials 200.323) a. Anon -Fed era I entity that is a state agency or agency of a politica I subdivision of a state and its contractors and vendors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and City of Fayetteville, AR Appendix A - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II Last Updated: 08/20/2024 Page 5 of 6 Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 13. Prohibition on certain telecommunications and video surveillance services or equipment 200.216) a. Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: i. Procure or obtain; ii. Extend or renew a contract to procure or obtain; or iii. 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 telecommunicati s equipmenduced by Huawei Technologies Company or ZTE Corporation (or any subsidiaty teofsu ). (1) For the purpose of public safe security of Bove acilities, security surveillance of critical infrastructure, an of er nati s rity pur video surveillance and telecommunications equip roductera Co I tions Corporation, Hangzhou Hikvision Digital TecY4no YCompany, a Technol o pany (or any subsidiary or affiliate of such entities). (2) Telecommunicati video r ce seryill vided by such entities or using such equipment. VVVVVV (.3) Telecomm nsorvid sur Ilancee m ntors reduced orprovided byanentity that th ry of Defense, consul the [�,,[,or the National Intelligence or the DiIro the Feb Bseau of In tl non, r s believes to be an entity owned or coy, o e tonne gover en f a covered foreign country. b. In implementinibition un r Public 1 232 se nsubsection (f), paragraph (1), heads of executive agenci adminis Ineloan, gra or s sidy pro s all prioritize available funding and technical support to assist affe b y�sses, ins and or ans as is reasonably necessary for those affected entities to transition fr m�red corr7� ions equi ��\aannd services, to procure replacement equipment and services, and to s e th commu s service and customers is sustained. a See Public L 1 32 section Ar additi n tion. d. See also § 1. [ w ` ✓ 14. Domestic prefer s or pr cu nts 20 a. As appropriate and t tent is i law, the non -Federal entity should, to the greatest extent practicable under a Federal a rovide re rence for the purchase, acquisition, or use of goods, products, or materials produced n d States (inc ng but not limited to iron, aluminum, steel, cement, and other manufactured produ ts). uirements of this section must be included in all subawards including all contracts and purchase orders r or products under this award. I For purpo s of this section: i. "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. ii. "Manufactured products" means 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. City of Fayetteville, AR Appendix A - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II Last Updated: 08/20/2024 Page 6 of 6 RFP 24-15, Addendum 1 CITY OF FAYETTEVILLE Date: Monday, December 23, 2024 ' A R K A N S A S To: All Prospective Vendors From: Amanda Beilfuss-479.575.8220—abeilfuss@fayetteville-ar.gov RE: RFP 24-15, CMAR for Maple Street Improvements This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Interested parties should indicate their receipt of same in the appropriate blank of the RFP. PROPOSERS SHOULD ACKNOWLEDGE THIS ADDENDUM ON THEDMVeRQN ON THE BIG PORTA11FORM_ i 1'1 1. A non -mandatory pre -proposal confe;en was held sday, De r 17, 2024 at 10:00 AM in room #326 of Fayetteville City Hsting endees a tached to this addendum for disclosure to all interested parti�t ach� ` a. Attendees: v n i. City of Fayfneilf nd Pro, resen 1. A ��,Procure men for2.VP c�sklgAg t Mihal h��,.•//Activ T n ortatl Ma ger Kriste njght, Univ sit Arkansa — sociate Director ii. Vendors: D) 1. Antral, lint o Nabho uctio 2. DEADLINE EXSEN5l0l`%kQe dea�' + mit Proposals for this RFP has been extended. All Proposals shall be s�11�li ed byZtaesct��7 January 21, 2025 no later than 2:00 PM. Nftlof 3. CLARIFICAhe following is being provided as additional information and/or clarification: a. The City of Fayetteville will hold and administer the CMAR contract. b. Anticipated construction start time is May 2025. c. Draft Contract — A draft contract for the CMAR for this project is attached to this addendum (Attachment B). Final contract is subject to change. �_iLV of Fayetteville, AR RFP 2 4- 1 5, Addendum 1 Page 112 Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain -Fayetteville, AR 72701 d. Draft Plans/Drawings —The draft plans (NOT completed) for this CMAR project are being included in this addendum (see dropbox link below). Plans are subject to change. i. Dropbox link for Plans/Drawings: https://www.dropbox.com/scl/fi/ab9otzggeazcla m3mf82n/Maple-Street-Final- Plans-reduced-size.pdf?rlkev=w6ln5s6cfmf6vewfws58zkva9&dl=O 4. Attachments: a. Attachment A: Pre -Proposal Conference Sign -In Sheet b. Attachment B: Draft Contract _- of Fayetteville, AR UP P 2 4- 1 5, Addendum 1 Page212 Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain -Fayetteville, AR 72701 FAYETTEVILLE ARKANSAS Description: City of Fayetteville, Arkansas Attendance Sheet • 91M. Function (circle one) : Bid Opening, Selection Committee i +M 1�q Name �2.t�itf�5 3 1 tl 4 Wey;,n LaA< -oi 5 Cal}on HOFm 7 L'iMk 3'T IFP%4 lso->J 8 Pfme On Z;PSf61&f It 9 `, % �[Lcr� Qn. 10 0US_ _ r.. 11 kW5CEA1 �1U11oNT 12 Ka 1t� PrM 1A 13 Mom- MIHA&tV(C44 14 15 16 17 18 19 20 Dater /--j *7 / N "All Bid Openings are also streamed live on the City of Fayetteville's YouTube Channel. Interview /1 phut` ✓ City staff e-mail includes "@fayetteville-ar.gov" Email }mot . (3rrF�c��r (J v�xyJw�z ,vat tL� Gw�OI PS f� �/,f nr a�Os� _ Ceirs kris e vack•e&w k Aft CITE, OF City of Fayetteville FAYETTEVILLE RFP24-15, CMARfor Maple Street Improvements ARKANSAS Contract— Between City of Fayetteville, AR and **Contractor** THIS AGREEMENT ism adethis day of , 2025, by and between City of FayiMeviIlia, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and "Contractor" (construction manager at risk, hereinafter called CMAR, Construction Manager, **Contractor** OR 'ENDOR), and CITY OF FAYETTEVILLE from time to time requires professional CMAR services in connection with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore, CITY OF FAYETTEVILLE and CM AR in consideration oftheir mutual covenants agree as follcrws: -MAR shall serve as CITY OF FAYETTEVILLE'sprofessional CM AR consultant in thos ssignmentst ich this Agreement appliesand shall give consultation and ad vice to CITY OF FAYETTEVILLE durin t ormanc ices defined in the '.cope of work. All services shall be performed under th rection of a C gistered Kt State of Arkansas and licensed bythe Arkansas Contractor's Licensing Board. e) 1. Contracted parties and relationship: a. This agreement shall be bin tween r es F e !ASOZIAR services shall be provided as identified in appendices. i ContractorS x tifica i n nu�m ber (TIN in ## Cont Ct k sas n ac r Licen #### Contra cr ary f ate Filin ##### b. Parties agree tin act t sis of rust, goo and fair dealing, and perform in a fiscally responsible and tim y ner. P all eac n avor to promote cooperation among all Project participants. 2. EntireAgEeem Exhibits Bement sets the entire agreement and understanding between the parties on th matte f t Ag® Neither party shall be bound by any conditions, definitions, representations warran re bject matter ofthis Agreement other than those as expressly provided herein. a. A1_peridic:.. I under this agreement include the following: i. ndNA: Scope of Services ii. AppondLx S: CM AR Fee Schedule iii. Appendix C City issued solicitation for RFP 24-15, CM AR for Maple Street Improvements iv. AppendixD Contractor's Respon se to R FP 24-15 v. AppendLx E Contractor's current Certificate of Insurance b. This agreement may be modified only by a duly executed written instrument signed by the CITY and Cf l'A,P RFP24-15, ('110AP-11,-Arile Sf� Hpf ImF r- rn nt_ Page 1 of 26 Last Revised 12.19.24 c. ORDER OF PRECEDENCE: In case of any inconsistency, conflict, or ambiguity among the Contract Documents, the documents shall govern in the following order: (a) Change Orders, affidavits, and written amendments to this Agreement which are executed by all parties; (b) the Agreement; (c) CMAR's response to RFP 24-15 (d) City's published RFP 24-15 and associated Addenda and attachments. 3. Notices: Any notice required under this Agreement shall be in writing, address to the appropriate party at the following addresses: a. City of Fayetteville: Attention: Mayor Molly Rawn, 113 W. Mountain, Fayetteville, AR 72701 b. "Contractor".: Attention: TBD, "Contractor Address" 4. General Provisions: a. ETHICS: All parties shall perform with integrity. Each shall avoid conflicts of interest and promptly disclose to any other part any conflicts that may arise. All parties warrant that it ha of and shall not pay or receive any contingentfees or gratuities to o#from any other party, including an s, officer's employers, Subcontractors, Subsubcontractors, Su tier " Volu e s, Elected Officials, or Others to secure preferential treatment. b. When the Construction Docume anteed um Price and other descriptive documents defining the work are comp y s identifie waali ded this Agreement by mutually agreed upon amendment greem nt. c. Workmanship: The rk all be ecuted in actor a ith tract Documents in a workmanlike manner. All mate Is s inPe o shall b ed in s t quantities to facilitate the proper and expeditio tion of ork an II e new ept s otherwise provided in the Contract Documents. d. MATERIALS FURNIS E Y OWN OTHER I Work includes installation of materials or equipment fur d b City or r , it shall esponsibility of Construction Manager to examine the items pr ded an a on ha I e, and install the items, unless otherwise provided in the Contra, ocuments, uch skill n re as to provide a satisfactory and proper installation. Loss or damage fte to actj,.p r omissio nstruction Manager shall be the responsibility of Construction Manager and ma duct y: amounts due or to become due Construction Manager. Any defects discov zn such m teri or equipment shall be reported at once to the City and the City's contract - rty Design rofessional. Following receipt of written notice from Construction Man r ects, City and Design Professional shall promptly inform Construction Manager what action, Construction Manager shall take with regard to the defects. e. WORKSITE VISIT: Construction Manager acknowledges that it has visited, or has had the opportunity to visit, the Worksite to visually inspect the general and local conditions which could affect the Work. f. Construction Managershall perform cutting, fitting, and patching necessary to coordinate the various parts of the Work and to prepare its Work for the work of City or Others. i. Cutting, patching, or altering the work of City or Others shall be done with the prior written approval of City and Design Professional. Such approval shall not be unreasonably withheld. RFP 24-15, CMAR— Maple Street Improvements Page 2 of 26 Last Revised 12.19.24 g. COMPLIANCE WITH LAWS: Construction Manager shall comply with all the Law at its own cost. Construction Manager shall be liable to City for all loss, cost, or expense attributable to any acts or omissions by Construction Manager, its employees, subcontractors, suppliers, and agents for failure to comply with Laws, including fines, penalties, or corrective measures. i. CHANGES IN THE LAW: The GMP, estimated Cost of the Work, Construction Manager's Fee, Date of Substantial Completion or Date of Final Completion, and, if appropriate, the Compensation for Preconstruction Services shall be equitably adjusted for additional costs or time needed resulting from Laws enacted after the date of this Agreement, including taxes. h. COST OF CORRECTING DAMAGED OR DESTROYED WORK: With regard to damage or loss attributable to the acts or omissions of City or Others and not to Construction Manager, City may either (a) promptly remedy the damage or loss and assume affected warranty responsibilities, (b) accept the damage or loss, or (c) issue a Change Order to remedy the damage or loss. If Co truction Ma er incurs costs or is delayed due to such loss or damage, Construction Manag k an eq a adjustment in the GMP, estimated Cost of the Work, Constr n Manager's Fe of Sub n Completion or Date of Final Completion, and, if appropriate, e omp a n for Preco ion Services under this Agreement. Any equitable adjustment hall be ap a all parti i. Taxes and Permits: Construction r sh II g blic auth i ' II notices required by law and shall obtain and pay for all neces rmits and re Is pert Ing to the Work. Construction Manager shall provide to pies of II n ices, per ts, icense renewals required under this Agreement. i. Construct age h I aye appli es an a it fees associated with the entire project, j. DISCOUNTS: All disc t tk! promp ent shall e to City. All trade discounts, rebates, and refunds, and all returns r sale ofa s materi s equipment, shall be credited to the Cost of the Work, or dire t the ity aft rf4aayment. k. City ma y r use o d or part mpleted portions of the Work when (a) the portion of the r signated in ertificate'illlI Su stantial Completion, (b) appropriate insurer(s) consent to the occupancy or s d (c) puttlaslut rities authorize the occupancy or use. Construction Manager shall not unreas withh co to partial occupancy or use. I. JOINT D FYI I Parties expressly agree that this Agreement was jointly drafted, and that both had opp i negotiate its terms and to obtain the assistance of counsel in reviewing its terms before executi herefore, this Agreement shall be construed neither against nor in favor of either Party but shall be construed in a neutral manner. m. EXTENT OF AGREEMENT: Except as expressly provided, this Agreement is for the exclusive benefit of all Parties, and not the benefit of any third party. This Agreement represents the entire and integrated agreement between the Parties, and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement and each and every provision is for the exclusive benefit of all Parties and not for the benefit of any third party. n. ASSIGNMENT: Except as to the assignment of proceeds, no Party shall assign their interest in this Agreement without the written consent of the other Party. The terms and conditions of this Agreement RFP 24-15, CMAR— Maple Street Improvements Page 3 of 26 Last Revised 12.19.24 shall be binding upon all Parties, their partners, successors, assigns, and legal representatives. No Party shall assign the Agreement without written consent of the other. o. Where figures are given, they shall be preferred to scaled dimensions. p. The drawings and specifications are complementary. If Work is shown only on one but not on the other, Construction Manager shall perform the Work as though fully described on both. CMAR shall seek clarification from Design Professional for any discrepancies. q. In case of conflicts between the drawings and specifications, the specifications shall govern. In any case of omissions or errors in figures, drawings, or specifications, Construction Manager shall immediately submit the matter to City and Design Professional for clarification. Design Professional's clarifications are final and binding. DEBARMENT AND SUSPENSION. By execution of this agreement, CMAR certifies that to the best of its knowledge and belief that the CMAR and its principals: i. Are not presently debarred, s nded, pro ose debar t, declared ineligible, or voluntarily excluded from covere ction Federalle ent or agency; ii. Have not within a three year period p ec ding this pro al been convicted of or had a civil judgment rendered agai ' for o lion of XIFede criminal offense in connection with obtaining, attempti tain, p ming ZdI , tate, or local) transaction or contract under a ransacti ; v lation of or 5 titrust statutes or commission of embezzle eft, rgery, bribery, tion truction of records, making false statemen eivi s le pperty; iii. Are n r e tl indi to or or o se crimi or civilly charged by a government entity (Federa , Stat o al) with c ission of a of the offenses enumerated in paragraph (2) of this certifica o Ind iv. Have t ithin a the eriod g this application/proposal had one or more public tr s ti s (Fe , or to inated for cause or default. V.. understands at aVal4atement on certification regarding debarment and suspension may beg u s or rejf this proposal or termination of the award. In addition, under 18 USC Se , a fals stat ment may result in a fine. I further certify that I will obtain a similar cprtjfWVfor each su ntract awarded in excess of $25,000. v' cations for subcontracts executed under this agreement shall include all language in this 5. Definitions: a. Unless otherwise specifically defined in this Agreement, any terms that have well-known technical or trade meanings shall be interpreted in accordance with their well-known meanings. b. "Business Day" means all Days, except weekends and official federal or state holidays where the Project is located. RFP 24-15, CMAR— Maple Street Improvements Page 4 of 26 Last Revised 12.19.24 c. A "Change Order" is a written order signed by all Parties after execution of this Agreement, indicating changes in the scope of the Work, the GMP and Date of Substantial Completion or Date of Final Completion. d. "Contract Time" is the period between the Date of Notice to Proceed and the total time authorized to achieve Final Completion. e. "Cost of the Work" means the total costs and discounts charged to the City. f. The "Construction Manager at Risk" (CMAR or CM) is the person or entity identified in this contract and includes Construction Manager's Representative. g. "Day" means a calendar day unless otherwise specified. h. "Defective Work" is any portion of the Work that that does not conform with the requirements of the Contract Documents. i. "Design Professional" means the licensed aritect retained b ity and i s �onsultants, to perform design services for the Project. i j. "Final Completion" occurs on the date l%en C R tions u e is Agreement are complete and accepted by City and final payrne W eco es and pay, is date shall be confirmed by a Certificate of Final Completi 'hwed by a k. "Hazardous Material" i0��bstance or rial iden i ow n h uture as hazardous under the Law, or any other t ce or eri I that ma' b onsi zardous or otherwise subject to statutory or r ul re uire en erning dispos or eanup. I. "Interim Directi e" is a to order co aini hange to h ork directed by and in consultation with City and Design PrQ#essi after e n of this ement and before Substantial Completion. Interim Directives shall onsoI'd formaIi a change order to be signed by all parties. m. "Law" mea al, state I aws, Q rd' codes, rules, and regulations applicable to the Work with wh' nstruction must co at are enacted as of the Agreement date. n. "Othe means City's- other: actors/constructors, (b) suppliers, (c) subcontractors, sub - subcontractors, or fern o }, and others employed directly or indirectly by (a), (b), or (c) or any by any of tporfor who a any of them may be liable. o. "Overhe ns (a) payroll costs, burden, and other compensation of CMAR's employees in CMAR's principal and branch offices for work associated with this project. p. "Owner" is the City of Fayetteville, Arkansas (City). q. The "Owner's Program" is an initial description of Owner's objectives, including budgetary and time criteria, space requirements and relationships, flexibility and expandability requirements, special equipment and systems, site requirements, and any requirements for phased occupancy. r. The "Parties" are collectively City and CMAR. s. The "Project," is the building, facility, or other improvements for which CMAR is to perform Work under this Agreement. It may also include construction by Owner or Others. RFP 24-15, CMAR— Maple Street Improvements Page 5 of 26 Last Revised 12.19.24 t. The "Schedule of the Work" is the document prepared by CMAR that specifies the dates on which CMAR plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. u. "Subcontractor" is a person or entity retained by CMAR as an independent contractor to provide the labor, materials, equipment, or services necessary to complete a specific portion of the Work. The term Subcontractor does not include Design Professional or Others. v. "Substantial Completion" of the Work, or of a designated portion, occurs on the date when the Work is sufficiently complete in accordance with the Contract Documents so that City may occupy or utilize the Work, or a designated portion, for the use for which it is intended, without unapproved disruption. This date shall be confirmed by a certificate of Substantial Completion signed by all Parties. w. A "Sub -subcontractor" is a person or entity who has an agreement with a Subcontractor or another sub - subcontractor or Supplier to perform a portion of the 5ubco ctor's W upply material or equipment. x. A "Supplier' is a person or entity retained UC AR to o e material o mentforthe Work. y. "Terrorism" means a violent act that is a us to h life, property, or infrastructure, that is committed by an individ ndivi ua that ap t be part of an effort to coerce a civilian population or to in he affect th n uct ny government by coercion. Terrorism includes, but is ited to, ny ct certifi b he U e ates government as an act of terrorism pursuant to orisr Risk Insurance amende z. "Work" mean thara t cti a d_ ministr e mana a services necessary or incidental to fulfill Constru kdV 'ob ations f e roject accordance with and reasonably inferable from the Contr t DocThe Wo may efer to th ole Project or only a part of the Project if work is also being p o Own ers. aa. "Worksite" m ns he area of ctwhere ork is to be performed. bb. "Bi-mon sis mean e urteen t n calendar days. 6. Contract Docu t Revie dministrqa a. Before comme he Wo , C ruction Manager shall examine and compare the drawings and specifica io t nformation ished by the City and Design Professional that are considered Contract DocuTe vant field measurements made by Construction Manager, and any visible conditions at the W affecting the Work. b. Should Construction Manager discover any errors, omissions, or inconsistencies in the Contract Documents, Construction Manager shall promptly report them to the City and Design Professional. Following receipt of written notice from Construction Manager of defects, City shall promptly inform Construction Manager what action, if any, Construction Manager shall take with regard to the defect. c. Nothing in this section shall relieve CMAR of responsibility for its own errors, inconsistencies, or omissions. RFP 24-15, CMAR— Maple Street Improvements Page 6 of 26 Last Revised 12.19.24 d. COST REPORTING: Construction Manager shall maintain complete, accurate, and current records that comply with generally accepted accounting principles and calculate the proper financial management under this Agreement. Construction Manager shall maintain a complete set of all books and records prepared or used by Construction Manager with respect to the Project. City shall be afforded access to all of Construction Manager's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to this Agreement. Construction Manager shall preserve all such records fora period of three years after the final payment or longer where required by Law. 7. Warranty a. Construction Manager warrants all materials and equipment furnished under the Construction Phase of this Agreement will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. At City or Design Professional request, Construction Manager shall furnish satisfactory evidence of th quality and pme of materials and equipment furnished. Construction Manager further warrant al shall be e m material defects not intrinsic in the design or materials 00qtired in the Cc Docum s. onstruction Manager's warranty does not include remedies for f s or ges caused b mal wear and tear during normal usage beyond the warranr iod, use f pose for c the Project was not intended, improper or insufficient main modif ti s performed key the City or others, or abuse. Construction Manager's warrah I com the Date f anal Completion of the Project. b. To the extent products, sys ms or mate ' i corpo e n the Work are specified and purchased by the Ci all covere exclusi y the ty o the manufacturer. There are no warranties wh' end be e des on t f any such warranty. For such incorporated LOTH n AN S R S ED R I LIED INCLUDING THE WARRANTY OF MERCHANTABI AND fJHF##WARRANJY FITNESS F R PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. 4 c. Construction ger all Kb,(j�,,om its c ractors and Suppliers any special or extended warranties r d by the C tume struction Manager's liability for such warranties shall be limit he one-y a ction peVs further defined in this Agreement. After that period Cons anager sh rovide f and comprehensive assistance to the City in enforcing the obligatio of Su tors ors? rsuch extended warranties. d. Correction of rkvrthin i. r Substantial Completion or within two -years after the date of Final Completion of the Defective Work is found, City shall promptly notify Construction Manager in writing. ty provides written acceptance of the condition, Construction Manager shall promptly correct the Defective Work at its own cost and time and bear the expense of additional services required for correction of any Defective Work for which it is responsible. If within the two-year correction period City discovers and does not promptly notify Construction Manager or give Construction Manager an opportunity to test or correct Defective Work as reasonably requested by Construction Manager, City waives Construction Manager's obligation to correct that Defective Work as well as City's right to claim a breach of the warranty with respect to that Defective Work. RFP 24-15, CMAR— Maple Street Improvements Page 7 of 26 Last Revised 12.19.24 ii. If Construction Manager fails to correct Defective Work within a reasonable time after receipt of written notice from City before final payment, City may correct it in accordance with Owner's right to carry out the Work. In such case, an appropriate Change Order shall be issued deducting the cost of correcting the Defective Work from payments then or thereafter due Construction Manager. If payments then or thereafter due Construction Manager are not sufficient to cover such amounts, Construction Manager shall pay the difference to City. iii. Construction Manager's obligations and liability, if any, with respect to any Defective Work discovered after the two-year correction period shall be determined by the Law. If, after the two- year correction period but before the applicable limitation period has expired, City discovers any Work which City considers Defective Work, City shall, unless the Defective Work requires emergency correction, promptly notify Construction Manager and allow Construction Manager an opportunity to correct the Work if Construction Manager elects to do so. If Construction Manager elects to correct the Work, it shall provide writ otice of s nt within fourteen (14) Days of its receipt of notice from City and sha ete the ion of Work within a mutually agreed timeframe. If Con truction Man r do not ele to correct the Work, City may have the Work corrected by itself car Others, an ity inte eek recovery of those costs from Construction Mana C ity shall promtly pro v' e onstruction Manager with an accounting of the actual costs iv. If Construction Man R11111 corre on moval tive r auses damage to or destroys other completed 16rtially com work ng b ' i , onstruction Manager shall be responsible f th cost recting the d r or property. v. The AP eriod f r tion f e t e k do not constitute a limitation period with respec o the for ment of Con espNeco the Ma a 's other obligations under the Contract Documents. vi. Before I pa ent, at ion and i nstruction Manager's agreement, City may elect to a c efective r er tha equi a its removal and correction. In such cases the GMP sh e e uitabI a for anyNiminution in the value, as determined by City, of the Project c by such ef4kc ve Work. 8. Safety of Persons and Pro a. SAFETY P '" Constructi Manager holds overall responsibility for safety programs. However, such bli does not relieve Subcontractors of their safety responsibilities and to comply with the Law. C s ction Manager shall prevent against injury, loss, or damage to persons or property by taking reasonable steps to protect: (a) its employees and other persons at the Worksite; (b) materials and equipment stored at onsite or offsite locations for use in performing the Work; and (c) property located at the Worksite and adjacent to work areas, whether or not the property is part of the Worksite. b. CONSTRUCTION MANAGER'S SAFETY REPRESENTATIVE: Construction Manager shall designate an individual at the Worksite in its employ as its safety representative. Unless otherwise identified by Construction Manager in writing to City, Construction Manager's project superintendent shall serve as its safety representative. Construction Manager shall report promptly in writing all recordable accidents and RFP 24-15, CMAR— Maple Street Improvements Page 8 of 26 Last Revised 12.19.24 injuries occurring at the Works ite. When Construction Manager is required to file an accident report with a public authority, Construction Manager shall If a copy of the report to City. c. Construction Manager shall provide City with copies of all notices required of Construction Manager by the Law. Construction Manager's safety program shall comply with the requirements of governmental and quasi -governmental authorities having jurisdiction. i. Damage or loss not insured under property insurance that may arise from the Work, to the extent caused by negligent or intentionally wrongful acts or omissions of Construction Manager, or anyone for whose acts Construction Manager may be liable, shall be promptly remedied by Construction Manager. d. If City deems any part of the Work or Worksite unsafe, City, without assuming responsibility for Construction Manager's safety program, may require Construction Manager to stop performance of the Work, take corrective measures satisfactory to City. If Construc ' anager t adopt corrective measures, City may perform them and deduct their cost fro P. Con;:&,n Manager agrees to make no claim for damages, or an increas - in t GMP, or a ange in tes of Substantial or Final Completion based on Construction Manage omplia City's r le request. 9. Su bcontracts: �+14, a. BINDING OF SUBCONTRA AND S: Co ion ger agrees to bind every Subcontractor and Suppli r require eve u bcontlp&r o so bORd subcontractors and significant supplier, to the Cc a ocu nts as they a t the tractor's or Supplier's applicable provisions to that o f th rk. b. Construction age a ees of o subco constru manager at risk related services without priorwritten co sent o City. 10. Fees, Expenses, and Payrr►ents: e maxi of -to -ex ount authorized for this agreement is included in the breakdown shown below. Fees sh e id to t as described in Appendix B. a. Phase 1: PreifonstructionSe ices i. The maxi mu t-to-excgecl amount authorized for this phase is $######## USD. Fees shall be paid to the fro e abed Lump Sum basis as described in Appendix B. b. Phase 2: u eed Maximum a GMP i, 4fNok Agreement is executed before establishment of the Guaranteed Maximum Price and its ceptance by the City, then the GMP and its basis shall be setforth in a GMP Change Order. ii. In the event all Parties agree the drawings and specifications are sufficiently complete after bids are received, Construction Manager shall prepare and submit to the City in writing a GMP. The GMP proposal shall include the cost of the Work, Construction Manager's Fee, the clarifications upon which it is based, butshall not include compensation for Preconstruction Services (Phase 1). iii. FAILURE TO ACCEPT THE GMP PROPOSAL: Unless the City accepts the GMP Proposal in writing the GMP Proposal shall not be effective. If City fails to accept the GMP Proposal, or rejects the GMP Proposal, City shall have the right to: RFP 24-15, CMAR— Maple Street Improvements Page 9 of 26 Last Revised 12.19.24 1. suggest modifications to the GMP Proposal 2. terminate the Agreement for convenience iv. PRE-GMP WORK: Before City acceptance of the GMP Proposal, Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work, except as provided in this Agreement or as City may specifically authorize in advanced writing. v. GMP shall include an itemized cost items from the CMAR, including but not limited to: 1. Laborwages directly employed by Construction Manager in performing of the Work. 2. Salaries of Construction Manager's employees when stationed at the field office, in whatever capacity employed, employees engaged on the road expediting the production or transportation of material and equipment, and employees from the principal or branch office as mutually agreed by the Parties in iting. 3. Cost of all employee b PW fits and taxe i ing b �Zloimll ited to, workers' compensation, unemploy ent ompe n, s ial sec u alth, welfare, retirement, and other fringe be efits s re ui law, I reements, or paid under Construction M and d nel poli i ofar as such costs are paid to employees of C s ion n ho are i in the Cost of the Work. 4. Transport t vet, h (te.1, an moving es of ruction Manager's personnel incurr nection wonhe Work. 5. C ma)� , lies, a men ated in the Work, including costs ection es ing if r i ed byVty, t nsportation, storage, and handling. 6. aym de by Con uction Man ubcontractors for work performed under this g e ent. 7. C t, includi r ortatio aintenance of all materials, supplies, equipment, pora ' s, an tools not owned by the workers that are used or consume n e perfor and of the Work, less salvage value or residual value; and cost less ge valuq items used, but not consumed that remain the property of Co tion a tal charges 11 necessary machinery and equipment, exclusive of hand tools owned y workers, used at the Worksite, whether rented from Construction Manager or others, including installation, repair, and replacement, dismantling, removal, maintenance, transportation, and delivery costs at competitive market rates. 9. Cost of the premiums for all insurance and surety, performance or payment bonds which Construction Manager is required to procure or deems necessary and approved by City including any additional premium incurred as a result of any increase in the GMP at fixed rates approved by the City. 10. Sales, use, gross receipts, or other taxes, tariffs, or duties related to the Work for which Construction Manager is liable. RFP 24-15, CMAR— Maple Street Improvements Page 10 of 26 Last Revised 12.19.24 11. Permits, taxes, fees, licenses, tests, royalties. 12. Losses, expenses, or damages to the extent not compensated by insurance or otherwise, and the cost of corrective work during the Construction Phase and for the warranty period. 13. Costs associated with establishing, equipping, operating, maintaining, mobilizing and demobilizing the field office. 14. Water, power, and fuel costs necessaryfor the Work. 15. Cost of removal of all nonhazardous substances, debris, and waste materials 16. Costs incurred due to an emergency affecting the safety of persons or property. 17. Costs directly incurred in the performance of the rk or in conneation with the Project, and not included in Construction Manager's aNi are real in ly"inferable from the Contract Documents. \%-J r ec inten o c. Fees set for the construction of this pexecu agreement of all parties in a not to exceed form via chang a e to th and fed a nding nature of this project, all parties agree payment to the C be a Ilows. i. The City shall be re si le for not xceed c . ii. Final amounts sba ide tified wi a Cha r er, pu t t agreement of all parties of a Guarantee um Pr d. CMAR shall tr nd report xpenses ' t relate thi Agreement along with invoice which shall include sc dule o es for pa ent foeach Invoices shall be itemized. Invoice and payment requests s II exceed thO'S'ntagire fo completed as defined. e. Payment Ter I invoices ar le upon oval and due within thirty (30) calendar days. If a portion ofQn ice or t is di y CITY, the undisputed portion shall be paid. CITY OF FAYETTI=i 1hall advis R in writ- g o e basis for any disputed portion of any invoice. CITY shall make r d ble effQ#Uo pay inv®i hin 30 calendar days of date the invoice is approved. f. STORED MATE ND UIP NT: Unless otherwise provided in the contract documents, applications �ent may de materials and equipment not yet incorporated into the Work but delivere suitably stored onsite or offsite including applicable insurance, storage, and costs ncurr nsporting the materials to an offsite storage facility. Approval of payment applications for stored materials and equipment stored offsite shall be conditioned on a submission by Construction Manager of bills of sale and proof of required insurance, or such other documentation satisfactory to City to establish the proper valuation of the stored materials and equipment, City's title to such materials and equipment, and to otherwise protect City's interests therein, including transportation to the Worksite. Materials and equipment stored offsite shall be in a bonded and insured secure facility. g. Monthly invoices for each calendar month shall be submitted to City or such parties as City may designate for professional services consistent with CMAR's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Invoices shall be made in RFP 24-15, CMAR— Maple Street Improvements Page 11 of 26 Last Revised 12.19.24 accordance with a format to be developed by CMAR and approved by City. Applications for payment shall be accompanied each month by the updated project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVI LLE'S approval and acceptance with the satisfactory completion of professional services for the P roj e ct. i. Retainage in the amount of five percent (5%) will be withheld from each payment until project final completion. ii. Upon Substantial Completion, the City may release retainage on that portion of the Work a Subcontractor has completed in whole or in part, and which City have accepted. h. Final Payment: Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, CMAR 4 shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims aga OF FAYETTEVILLE arising under or by virtue of this Agreement except claims a specif' empted by CMAR to be set forth therein. i. Unless otherwise provided in tis Agreemef44r State la erwise expressly agreed to by the parties to this Ag final a en unde greement or settlement upon termination of this A m t sha t stitute a r of CITY OF FAYETTEVILLE's claims against CMAR or sur es rider is A ment. 11. Project Banding: Performanc n paym onding. Aft ex c tion ontract by all parties, CMAR shall provide 100%separate pe or a e a p bon fr bondi o any, licensed to do business in the state of Arkansas, to C+W of Fayette le after He mar at a Washington County Circuit Clerk's Office. Bonds shall be ovided n ten (10 alen r days P change order has been executed and approved by all parties. NO a. Construction cfntMcts or the shall no n ered into between the CMAR and sub -contractor without 1 /o p ment rmanc b in the amount of the contract and any amendments theret all provid r he man er i ich the construction shall be managed and supervised. Bonds valid xc ang ® n all parties prior to the start of work. b. A maintenance all be ovi forthe duration of the entire warranty period. c. All bond ted with the S. Treasury Department listing of approved surety's (T-List) and shall be rated imum by A. M. Best. 12. Time: a. SUBSTANTIAL and FINAL COMPLETION: Date of Substantial Completion and the Date of Final Completion shall be established in a GMP Change Order to this Agreement (GMP) as a hard not to exceed date. If such dates are not established upon the execution of this Agreement, at such time as GMP is accepted a Date of Substantial Completion and Date of Final Completion of the Work shall be established in a GMP Change Order. b. Time is of the essence with regards to the obligations of the Contract Documents. RFP 24-15, CMAR— Maple Street Improvements Page 12 of 26 Last Revised 12.19.24 c. Unless instructed by City in writing, Construction Manager shall not knowingly commence the Work before the effective date of Construction Manager's required insurance and bonds. d. Schedule of Work: Before submitting its first application for payment, Construction Managershall submit to City and, if directed, Design Professional a Schedule of the Work showing the dates on which Construction Manager plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. Except as otherwise directed by City, Construction Managershall complywith the approved Schedule of the Work or Construction Manager. i. Unless otherwise agreed, the Schedule of the Work shall be formatted in a detailed precedence - style critical path method that (a) provides a graphic representation of all activities and events, including float values that will affect the critical path of the Work, and (b) identifies dates that are critical to ensure timely and orderly completion of the Work. ii. Construction Manager shall update the Schedule of ork on nthly basis or as mutually agreed by all Parties. iii. City may determine the sequenc 'n hich rk shall be ed, provided it does not unreasonably interfere with e approv ct sche ty may require Construction Afta- Manager to make reason c anges i equence a i e during the performance of the Work in order to facili a t perf f work or Others. If Construction Manager consequently incurs s or is d aye , he GMP ates S bstantial or Final Completion, or both, Constru anager m ek equit dust e. NOTICE OF DELAY CLIf Con A Maria ests e le extension of the Contract Time or an equitab ent in G` as r u o a de de ibed, Construction Manager shall give City written no e of theWaigP If onst uctio nager c s delay in the completion of the Work, City shall be entitled to r addition f. MONITORING P 7RE AND C Ilowin ance by City of the GMP, Construction Manager shall establi- rocess for it ing act c s against the GMP and actual progress against the Schedule ork. Const anager s ovide written reports to City at intervals as agreed to by all Pa ie e status of Work, s wing variances between actual costs and the GMP and actual progres s co a o the S*c u f Work, including estimates of future costs and recovery programs if act gress i ica hat the Dates of Substantial Completion or Final Completion may not be met. 13. Determinatio Fra Time: a. General: i. The time allowed for the completion of the Work included in the Contract will be stated in the Proposal and Contract and will be known as the "Contract Time". The contract time will be specified as a fixed completion date or as calendar days. ii. The CMAR shall take into consideration all normal conditions considered unfavorable to the normal progress of the Work and place a sufficient work force and equipment on the project to ensure completion of the Work within the contract time. RFP 24-15, CMAR— Maple Street Improvements Page 13 of 26 Last Revised 12.19.24 in. The Engineer/atV Engineer will determine the date upon which the Contract Is substantially complete and time assessmentwm mazeIn the event cleanup Is necessary or items found at me final Inspection arson be corrected the CHAR shall complete this work In a dimply manner, orthe Engineer/atV Englneerwlu resume time charges. b. u.mtl Completion Date When the contract time is specified as stoma date It will Came date onwhlch all work on the project shall be substantially complete. c Calentlaroay. Calendar clay contractnme includes tlelaysfor normal weather -related events, such as ram, snow, and freezing temperatures than may affect the progress of the construction In the following amounts on a parmonthbasis as hereinafter set out. Only weather heated delays in excess of these amounts will be consltleretlfortlme extensions, If requested by the CMAR. Days included in the Contract unreason Normal WeatherWishedEvents, on a monthly basis, include ntaew n, , i. No on cons eTWlllb Canoga 'N without a request In writing from me CINAR. is real tt slil lmelutl s� ormer u�j het with supporting documentation as proof of wmeo tll s beyon MAR's [`t f 1VI coal rainfall amounts and soil conditions will not etl asr e#ercl�o/Ai Run, nor will workload of me Contractor. The reque t al, sub r to thhepe�� r/G[V Engineer within 5 clays of the and of the m F, ony . compj ftn will be mad, for monetary damages clue to weather it Workay 0 Ci+' f. the SO c 'me I5 scanned In working clays the provisions of Section 30908(tl]sball ��; s/e ssetl for each clay on which In the judgment of the Engineer/City Engineer and m the limitations below, conditions allow the Contactor to effectively utilize 60% of al 0rms and equipment to prosecute the work required at that time, for at least 60%of the Contactors normal working hours, regardless Nwhemertbe CHAR actuallVworla. u. The Engineer/City Engineer will not assess a working clay when conditions e-04 beyond the control and without the fault of the CHAR that prevent the utilization of formsand equipment as defined above Also, for the purpose of assessment ofworking clays, Inamesphall[V [o a portion of the work clue to utility conflict or utility work, efiber of which prevents utilization of forties and equipment as defined above, will be considered as an adverse working condition for the time exceeding that specified In the Contract for the utility adjustment The ability of vendors, suppliers, and subcontractors to prwltle materials and/or services is considered within the RW 2415, CMAR—Maple Street Improvements Gage 16 of 26 last Revised 1219.24 CMAR's control for the purpose of assessment of working days. Time from December 21 through January 15, inclusive, will not be assessed against the contract time. i. Saturdays and City recognized holidays, other than those designated above, which may be declared by the City for certain special or unusual circumstances, will be optional to the CMAR as working days, and time will not be assessed unless work is performed that requires inspection. If work is performed, contract time assessment will be based upon the same conditions as a normal working day. ii. Contract time will not be assessed during a full suspension of the work as ordered by the Engineer/City Engineer. During a partial suspension of the work as ordered by the Engineer/City Engineer, the contract time will be assessed in direct proportion to the ratio of the money value of the items not suspended to the total contract amount. iii. Each pay estimate will state the each working day charg uring th ing period and the total number of working days charged to date. If R disa ith the working days charged by the Engineer/City En ineer�, then Con ctor s thin 10 calendar days of signing the pay estimate, give the " ineer/ neer w ' tice of such disagreement and the reasons, therefo I MAR d rovide i n notice within 10 calendar days of signing the pay estim ubse ue uest for r ill be considered. 14. Substantial Completion: a. Construction Manag sh noti ity and, if direc sign P ional when it considers Substantial es na Completion of th r a portio a bee ed. City, with the assistance of its Design Profes all pro p condu ' s ection dete ine whether the Work or designated portion can be cupied d for its ' nd use by w out excessive interference in completing any remaining unfi rk. If rmines ork or designated portion has not reached Substantial Com tion,VY, with stance sign Professional, shall promptly compile a list of items to be ted or c t o City o cupy or use the Work or designated portion for its intended u Ill tructi rshall ly and accurately complete all items on the list. b. When tial Completmeof t rk or a designated portion is achieved, Construction Manager shall pre re a C of S ® mpletion establishing the date of Substantial Completion and the respective s ibilitie of c Party for interim items such as security, maintenance, utilities, insuranc age to the ork, and fixing the time for completion of all items on the list acco a the Certificate. The Certificate of Substantial Completion shall be submitted by Constr =V n Manager to City and, if directed, to Design Professional for written acceptance of responsibilities assigned in the Certificate of Substantial Completion. c. Unless otherwise provided in the Certificate of Substantial Completion, warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or a designated portion. d. Upon City's written acceptance of the Certificate of Substantial Completion, City shall pay to Construction Manager the remaining retainage held by City for the Work described in the Certificate of Substantial Completion less a sum equal to one hundred and fifty percent (150%) of the estimated cost of completing RFP 24-15, CMAR— Maple Street Improvements Page 15 of 26 Last Revised 12.19.24 or correcting remaining items on that part of the Work, as agreed to by the Parties as necessary to achieve Final Completion, including all close outs. Uncompleted items shall be completed by Construction Manager in a mutually agreed upon timeframe. 15. Final Completion: a. Upon notification from Construction Manager that the Work is complete and ready for final inspection and acceptance, City, with the assistance of its Design Professional shall promptly conduct an inspection to determine if the Work has been completed and is acceptable under the Contract Documents. b. When the Work is complete, Construction Manager shall prepare for City's written acceptance a final application for payment stating that to the best of Construction Manager's knowledge, and based on City's inspections, the Work has reached Final Completion in accordance with the Contract Documents. c. Final payment of the balance of the GMP shall be made to Constr tion Mana e in thirty (30) Days after Construction Manager has submitted an application fo i�qalejayment, i the application has been approved by the City, including sub ssio s requir antifica Fi al Completion has been executed by all Parties. d. Final payment shall be due on Co ® c Ma e ' mission h ollowing to the City: i. an affidavit declaring btedn cted zlitt7moOrA/ork to have been paid, satisfied, or to be paid with th e dsof f alp ent, soo enc r City property; ii. as -built draw' g , nual copies of warra nd al close-out documents required by the Contr men s; iii. releas lens, co di ned on ayment received; iv. consent of a and v. any o ndin know unrepor dents or injuries experienced by Construction Majog r its Sub o r tors at e e. vi a Substanti pletio of t Work, the Final Completion of a portion of the Work is ateriall d d throui t of Construction Manager. If approved by City, they shall pay the bala for p n of the Work fully completed and accepted. If the remaining cont r ance for r not fully completed and accepted is less than the retained amount ent, Construction Manager shall submit to City and, if directed, Design Professional ritten consent of any surety to payment of the balance due for portions of the Work that e fully completed and accepted. Such payment shall not constitute a waiver of claims, but otherwise shall be governed by this section. vii. ACCEPTANCE OF FINAL PAYMENT: Unless Construction Manager provides written identification of unsettled claims with an application for final payment, its acceptance of final payment constitutes a waiver of such claims. e. CMAR shall ensure that the City of Fayetteville receives lien waivers from all material suppliers, subcontractors and sub -subcontractors and before work begins on the project. The contractor shall give RFP 24-15, CMAR— Maple Street Improvements Page 16 of 26 Last Revised 12.19.24 written notice to the material suppliers, subcontractors and sub -subcontractors providing work on the project that states the following: i. `According to Arkansas law, it is understood that no liens can be filed against public property if valid and enforceable payment and performance bond is in place. Regarding this Project and Agreement, the valid and enforceable bonds are with ( name of surety ).' ii. CMAR shall direct its subcontractors to obtain a written receipt evidencing acknowledgment of this statement from sub -subcontractors. 16. Liquidated Damages: SUBSTANTIAL COMPLETION: Liquidated damages based on the Substantial Completion date, to be determined in a GMP Change Order, shall apply. a. City will suffer damages which are difficult to determine and accurately specify if the Substantial Completion date, which may be amended by Change Order, is not attained. n tion Manager shall pay City seven hundred fifty US dollars ($750.00 USD) per calm ar ay as liq damages and not as a penalty for each Day that Substantial Co ple 'on exte be d the Su ti Completion date. 17. Notices: Any notice required to be givenn this Agre t either p t the other shall be sufficient if addressed and mailed, certified mail, p paid, ivety, fax or ai (receipt confirmed), or overnight cou rier. 18. Jurisdiction: Legal jurisdiction tZeanydisp all be a s wit r slaw applying to the case. 19. Venue: Venue for all legal is shoboh Mgton Arkan 20. Freedom of Informatio ct: Ci f F etteville cont and do m is prepared while performing contractual work are subject to the Ar eedom rmation a Freedom of Information Act request is presented to the City of Faye to the C II do ev t g possible to provide the documents in a prompt and timely manner a r cribed in th sas Free Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized o ing c ant to e may be assessed for this compliance. 21. Changes in S ice: Chang odific ti s, or amendments in scope, price or fees to this contract shall not be allowed ;ithout ormal mendment approved by the Mayor and the City Council in k�& low advance of the change i cost fee 22. Insurance: a. Before ing the Work and as a condition precedent to payment, Construction Manager shall procure and maintain in force Workers' Compensation Insurance, Employers' Liability Insurance, Business Automobile Liability Insurance, and Commercial General Liability Insurance ("CGL"). The CGL policy shall include coverage for liability arising from premises, operations, independent contractors, products - completed operations, personal injury and advertising injury, contractual liability, pollution coverage, and broad form property damage. Construction Manager shall maintain completed operations liability insurance for one year after Substantial Completion, or as required by the Contract Documents, whichever is longer. Construction Manager's Employers' Liability, Business Automobile Liability and CGL policies shall be written with at least the limits of liability presented in Appendix E. RFP 24-15, CMAR— Maple Street Improvements Page 17 of 26 Last Revised 12.19.24 b. Employers' Liability, Business Automobile Liability, and CGL coverages required may be provided by a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella liability policies. c. Construction Manager shall maintain in effect all insurance coverage required with insurance companies lawfully authorized to do business in the jurisdiction in which the Project is located. If Construction Manager fails to obtain or maintain any insurance coverage required under this Agreement, City may purchase such coverage and charge the expense to Construction Manager or terminate this Agreement. d. To the extent commercially available to Construction Manager from its current insurance company, insurance policies required shall contain a provision that the insurance company or its designee shall give City written notice transmitted in paper and electronic format: (a) 30 Days before coverage is nonrenewed by the insurance company and (b) within 10 Business Days after cancelation of coverage by the insurance company. Before commencing the Work and uatn renewal Qpwreplacement of the insurance policies, Construction Manager shall furnish City it ificates o §I-S.Once until one year after Substantial Completion or longer equired by th act Do m. In addition, if any insurance policy required is not to be im edi ely r a d without la i coverage when it expires, exhausts its limits, or is to be cancelled Constructi ager shall i e prompt written notice upon actual or constructive knowledge c condit' e. Certificates of Insurance shal City nal Insur ies. f. PROPERTY INSURANCE: i. At no time y poli covered b f- sura i self -insured format. All policies shall c by a ved co e i in ura professional properly licensed to do busine in r an5as. ii. Unless othe r cted in t by City e starting the Work, CMAR shall obtain and maintain —a Buil 's Risk pon th ti Project for the full cost of replacement at the time ss, inclu a ng str This insurance shall also (a) name Construction ubco u bs u A& ors, and Design Professional as named insureds; (b) be it in such for cover atl ris of physical loss except those specifically excluded by the olicy; an ( ure at leagar t and not exclude: 1. rils of 're, lightning, explosion, windstorm, hail, smoke, aircraft (except aircraft, uding helico er, operated by or on behalf of Construction Manager) and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind damage, testing if applicable, collapse, however caused; 2. damage resultingfrom defective design, workmanship, or material; 3. coverage extension for damage to existing buildings, plant, or other structures at the Worksite, when the Project is contained within or attached to such existing buildings, plant or structures. Coverage shall be to the extent loss or damage arises out of Constructor's activities or operations at the Project; RFP 24-15, CMAR— Maple Street Improvements Page 18 of 26 Last Revised 12.19.24 4. equipment breakdown, including mechanical breakdown, electrical injury to electrical devices, explosion of steam equipment, and damage to steam equipment caused by a condition within the equipment; 5. testing coverage for running newly installed machinery and equipment at or beyond the specified limits of their capacity to determine whether they are fit for their intended use; and 6. physical loss resulting from Terrorism. iii. The Party that is the primary cause of a Builder's Risk Policy claim shall be responsible for any deductible amounts or coinsurance payments. If no Party is the primary cause of a claim, then the Party obtaining and maintaining the Builder's Risk Policy shall be responsible for the deductible amounts or coinsurance payments. This policy shall provide for a waiver of subrogation. This insurance shall remain in effect until final payment has It made o o person or entity other than City has an insurable interest in the er to be by this insurance, whichever is sooner. Partial occy, or use the ork sha commence until City has secured the consent of the ins rantompan panies g the coverage required in this subsection. Before c rt� g the shall p vi a copy of the property policy or policies obtained. iv. If City elects to purchase Ahe pr a urance wwl by s reement, including all of the coverages and deciu titles for t me dur AvApeci ' d shall give written notice to Construction er b the Work is m ced vide a copy of the property policy or po 'tieRpa"aE i c ante w' greem may then provide insurance to prote erests an the in t f the str ctor, Subcontractors, Suppliers, and Su bsub ntracto tKintent cost of s ins rance s aid by City in a Change Order. If City gives written notiTntain t se prop surance required by this Agreement and fails to purc e s � urance, City.5 II be responsible for costs reasonably attributed to s u re. v. je arties eat ai all rig is a inst each other and their respective employees, agents, n actors, ontract ® iers, sub -subcontractors, and design professionals for damages c used by over p perty insurance, except such rights as they may have to the o � the extent of the limits of Construction Manager's Commercial General Liability Insurance, Construction Manager shall indemnify and hold harmless City against any and all liability, claims, demands, damages, losses, and expenses, including attorneys' fees, in connection with or arising out of any damage or alleged damage to any of City's existing adjacent property, including personal property, that may arise from the performance of the Work, to the extent caused by the negligent or intentionally wrongful acts or omissions of Construction Manager, Subcontractor, Supplier, Sub -subcontractor, or anyone employed directly or indirectly by any of them or by anyone for whose acts any of them may be liable. RFP 24-15, CMAR— Maple Street Improvements Page 19 of 26 Last Revised 12.19.24 g. RISK OF LOSS: Except to the extent a loss is covered by applicable insurance, risk of loss from damage to the Work shall be upon the Party obtaining and maintaining the Builder's Risk until the Date of Final Completion. h. ADDITIONAL GENERAL LIABILITY COVERAGE: City shall require Construction Manager to purchase and maintain additional liability coverage. Construction Manager shall provide: i. Additional Insured. City shall be named as an additional insured on Construction Manager's Commercial General Liability (CGL) specified, for on -going operations and completed operations, excess/umbrella liability, commercial automobile liability, and any required pollution liability, but only with respect to liability for bodily injury, property damage, or personal and advertising injury to the extent caused by the negligent acts or omissions of Construction Manager, or those acting on Construction Manager's behalf, in the performance of Construction Manager's work for Owner at the Worksite. The insurance of the ConstructionlOanager and i bcontractors (both primary and excess) shall be primary to any insura e le to th A tonal Insureds. Any insurance available to the Additio nsureds shall b and nor -contributory. ii. OCP. Construction Manager ha )ovide ers' and C actors' Protective Liability Insurance ("OCP") policy W s eq al imits on CGS specified, or limits as otherwise required by Owner. i. Any documented additional s in the or a surc e soci d with procuring the additional liability coverage in acco e with thi section e paAR. Before commencing the Work, Construction a ger s r vide eith a py OCP policy, or a certificate and endorsement vi ci g at &tv een na d additi i red, as applicable. i. ROYAL S, PATE TS ND COP RIG onstruc o anager shall pay all royalties and license fees , unless eVu spec ifi e Contra cuments, which may be due on the inclusion of any patent or cop materi ethods, or systems selected by Construction Manag r d incorpora he Work. ruction Manager shall defend, indemnify, and hold Ci r ess fro u ?or cl infringement of any patent rights or copyrights arising t such sele n nless s ch ign, process or product of a particular manufacturer or a facture ' require® Contract Documents, or where the copyright violations are c ntaine04� men r y the Owner. j. PROFESSIO BILITY INSU - E: To the extent Construction Manager is required to procure design services, ction Manager shall require its design professionals to obtain a commercial professional liabili rance for claims arising from the negligent performance of professional services under this Agreement, with a company reasonably satisfactory to City, including coverage for all professional liability caused by any consultants to Construction Manager's design professional, written for not less than one million US dollars ($1,000,000) per claim and in the aggregate. Construction Manager's design professional shall pay the deductible. The Professional Liability Insurance shall contain a retroactive date providing prior acts coverage sufficient to cover all Services performed by the Constructor's design professional for this Project. Coverage shall be continued in effectfor the entire warranty period. 23. Professional Responsibility: CMAR will exercise reasonable skill, care, and diligence in the performance of services and will carry out its responsibilities in accordance with customarily accepted professional practices. CITY OF RFP 24-15, CMAR— Maple Street Improvements Page 20 of 26 Last Revised 12.19.24 FAYETTEVILLE will promptly report to CMAR any defects or suspected defects in services of which CITY OF FAYETTEVILLE becomes aware, so CMAR can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of CMAR. 24. Responsibility of the City of Fayetteville: CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of CMAR: a. Provide full information as to the requirements forthe Project. b. Assist CMAR by placing at CMAR's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. c. Assist CMAR in obtaining access to property reasonably necessary for CMAR to perform its services. d. Examine all studies, reports, sketches, cost opinions, proposals, and -ther documerA4s presented by CMAR and render in writing decisions pertaining thereto. e. Review all documents and provide writteOM ents to �Paimely m e AR . f. The City of Fayetteville Active Transportation Ma er, r their de ' is the project representatives MW with respect to the services to be performed u r is greem h Active Transportation Manager shall have complete authority to transmit i receiv i ation, interpret and define policies and decisions with respect to materials, uip nt, elem sys s o be used in the Project, and other matters pertinent to th services c by this 4greehient. 25. Cost Opinions and Project' ins. a. Cost opinions jection p pared b J$MAR 6ing to construction costs and schedules, operation and aint na costs, eq en charaand performance, cost estimating, and operating results ar a e on CMAR' erience, q tions, and judgment as a CMAR professional. 26. Period of Service: T 's eement co e effecikiIe upon the first written notice by CITY OF FAYETTEVILLE authorizing service reu der. a. The p isio s of th' reementt een agreed to in anticipation of the orderly progress of the Project through co on of stated in the Agreement. CMAR shall proceed with providing the authorized r ces imm iate upon receipt of written authorization from CITY OF FAYETTEVILLE. Said aut ri hall include the scope of the services authorized and the time in which the services are t pleted. The anticipated schedule for this project is included with Appendix B. 27. Termination: a. This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. RFP 24-15, CMAR— Maple Street Improvements Page 21 of 26 Last Revised 12.19.24 b. This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that CMAR is given: i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. c. If termination for default is affected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but i. No amount shall be allowed for anticipated profit on unperformed services or other work, ii. Any payment due to CMAR at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of CMAR's default. d. If termination for default is affected by CMAR, or if termin ioS&onvenie!!VrOffected by CITY OF FAYETTEVILLE, the equitable adjustment II include a re le profi o ervices or other work performed. The equitable adjustment for rmin II provide f ent to CMAR for services rendered and expenses incurred priorto the ter t in addi ' termination settlement costs reasonably incurred by CMAR relating to commi e w ich ha me firm prior to the termination. e. Upon receipt of a termination a and a hs abov R sh on i. Promptly discontinue all affected (unless a ice d c erwise), ii. Deliver or ise ma ?ailbble to FAYE EVI all data, drawings, specifications, repo ates, s aan c t er i rmation and materials as may have been accum ted by C AJ n perforiLing s Agreeme t, hether completed or in process. f. Upon termination and sections ab I OF FA ILLE may take over the work and may award another party aria reertn` nt to c to the wo r this Agreement. g. If, after to i for f e MAR t ontractual obligations, it is determined that CMAR had not f t fulfill cont ct I obliga ' ns, he termination shall be deemed to have been for the conve nce of CITY AYETTE\V4 uch event, adjustments of the agreement price shall be made as provided in this ent. 28, Delays a. In the ev - e services of CMAR are suspended or delayed by CITY OF FAYETTEVILLE, or by other events beyond AR's reasonable control, CMAR shall be entitled to additional compensation and time for reasonable documented costs incurred by CMAR in temporarily closing down or delaying the Project. b. In the event the services are suspended or delayed by CMAR, CITY shall be entitled to compensation and time for reasonable costs incurred in temporarily closing down or delaying the Project. 29. Rights and Benefits: CMAR's services shall be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 30. Dispute Resolution RFP 24-15, CMAR— Maple Street Improvements Page 22 of 26 Last Revised 12.19.24 31 32 a. Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and CMAR which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or CMAR in the performance of this Agreement, and disputes concerning payment. b. Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given as described in this agreement, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in this agreement have been complied with. c. Notice of Dispute i. For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the par g relief shall serve the other party with a written Notice. 1(0 1 &41 ii. For disputes arising within one (arer th king of final t, CITY OF FAYETTEVILLE shall give CMAR written Noticetat the add r s li d in this e nt within thirty (30) calendar days after occurrence of n i ent, i rfirst o a ce of defector damage. In both instances, the Notice s II ecify e and of relief sought, the reason relief should be granted, a ap o ri portio is Ag nt that authorize the relief requested. iii. Negotiatio in sev Alenclar recei o th Notice, the Project Managers for CITY EVILLE d AR s a e to resolve the dispute. If the dispute cannot a resole d a ha level, th on writ n quest of either side, the matter shall be referred to r 'dent of R, and th r of CITY OF FAYETTEVILLE or his or her designee. T e fficers s t at th Site or such other location as is agreed upon within len ar days p ritten r o resolve the dispute. Sufficient Funds. CI repre o ave suffi unds or the means of obtaining funds to remit payment to CMAR for se-rvi es rendere by R. II es agree if funding should become insufficient to complete the project, CMAR shall be no*i i i a tim ® r Publications: Reco he importa of professional services on the part of CMAR's employees and the importance of CMAkB ublic relations, CMAR may prepare publications, such as technical papers, articles for periodicals, p o ional materials, and press releases, in electronic or other format, pertaining to CMAR's services for the roject. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to CMAR, CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. Approved materials may be used in a variety of situations and do not require additional review or approval for each use. The cost of CMAR's activities pertaining to any such publication shall be for CMAR's account. RFP 24-15, CMAR— Maple Street Improvements Page 23 of 26 Last Revised 12.19.24 33. Indemnification: To the fullest extent permitted by law, the CMAR shall indemnify and hold harmless the City from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death or injury to or destruction of tangible property (other than the Work itself) but only to the extent caused by the negligent acts or omissions of the CMAR, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Agreement. 34. Ownership of Documents: a. All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD drawings, estimates, field notes, and project data are and remain the property of CITY OF FAYETTEV CMAR may retain reproduced copies of drawings and copies of other documents. 3 b. Engineering and architectural documents, omputer m drawings, s i tions and other hard copy or electronic media prepared by CIVIM as 'part of th ervices sh me the property of CITY OF FAYETTEVILLE when CMAR has a pens to II Servi re dered, provided, however, that CMAR shall have the unrestricte ri to th u MAR sh I o ever, retain its rights in its standard drawings details, specificati base , er sof d oth oprietary property. Rights to intellectual property dev o utilized, dified in rfor c f the Services shall remain the property of CMAR. c. Any files deliv c roni e may n n gst an software different than those with which they we or i all pro uc . CMA s no waas to the compatibility of these files with any other syste or f Because the potenti radation of electronic medium overtime, in the event of a conf t tween the origin I ings/hard copies and the electronic files, the sealed drawin rd c ies will 35. Additional Respo ies of CMAR'. a. Reviewi p val, oraccepance ® drawings, specifications, reports and other services furnished hereunde by CI of in y r ieve CMAR of responsibility for the technical adequacy of the work. Review, p r vat or cep ance of, or payment for any of the services by CITY shall not be construe a er of any rig is under this Agreement or of any cause of action arising out of the perforgLakW4p7 this Agreement. b. CMAR shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by CMAR's negligent performance, except beyond the CMAR's normal standard of care, of any of the services furnished under this Agreement, and except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. c. CMAR's obligations under this clause are in addition to CMAR's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against CMAR for faulty materials, equipment, orwork. RFP 24-15, CMAR— Maple Street Improvements Page 24 of 26 Last Revised 12.19.24 36. Audit and Access to Records: a. CMAR shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. b. CMAR shall also maintain the financial information and data used by CMAR in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. CMARwill provide proper facilities for such access and inspection. c. Records shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payme for the pro In addition, those records which relate to any controversy arising out of such m nce, or or items to which an audit exception has been taken, shall be (intned an de ilable u ree years after the date of resolution of such appeal, litigation, claimeptio . d. This right of access clause (with r t o inan ' I o s) appli i. Negotiated prime agr -e s ii. Negotiated chan r ers or ent a nts c g the price of any formally advertised, c p itively arded, fixed pre eme iii. Agree- t r purc ders u a y ag em t other than a formally advertised, compet ively aw de ,fixed pace a ent. H r, this right of access does not apply to a prime agree er tier reement chase order awarded after effective price competition, e t: L th respec e d perta' ' ectly to sub agreement performance, excluding any fi ncial e CMAR; If themLis, any indi that fraud, collusion, gross abuse or corrupt practices may be in 17 e sub afire t is terminated for default or for convenience. 9 37. Covenant Agar ontingent Fees, CMAR warrants that no person or selling agency has been employed or retained to solia or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CMAR for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 38. Gratuities: RFP 24-15, CMAR— Maple Street Improvements Page 25 of 26 Last Revised 12.19.24 a. If CITY OF FAYETTEVILLE finds after a notice and hearing that CMAR or any of CMAR agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE or related third party contractor associated with this project, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to CMAR terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. Date Signed: Date Signed: RFP 24-15, CMAR— Maple Street Improvements Page 26 of 26 Last Revised 12.19.24 CITY OF FAYETTEVILLE W4W ARKANSAS RFP 24-15 Addendum 1 Flintco Supplier Response Event Information Number: RFP 24-15 Addendum 1 Title: CMAR for Maple Street Improvements Type: Request for Proposal Issue Date: 12/8/2024 Deadline: 1/21/202502:00 PM (CT) Notes: The City of Fayetteville is accepting proposals from construction management firms licensed to do business within the State of Arkansas to provide, construction management / general contractor (CM/GC) services as a construction management at risk (CMAR) / guaranteed maximum (GMP) project for the reconstruction of 2,500 linear feet of Maple Street from Gregg Avenue to Garland Avenue. The project includes storm drainage, sidewalks, protected bike lane, enhanced crosswalks, turn lanes, new traffic signals, street lighting and landscaping. Any questions regarding this RFP should be directed to Amanda Beilfuss at abeilfuss0fayetteville-arar.gov. Contact Information Contact: Amanda Beilfuss Address: Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Email: abeilfuss@fayetteville-ar.gov Page 1 of 2 pages Vendor: Flintco RFP 24-15 Addendum 1 Flintco Information Contact: Klint Kimball Address: 184 E Fantinel Blvd Springdale, AR 72762 Phone: (479) 750-4565 Email: klint.kimball@flintco.com Web Address: www.flintco.com By submitting your response, you certify that you are authorized to represent and bind your company. Klint Kimball Signature Submitted at 112112025 10:42:36 AM (CT) Supplier Note Klint.kimball@flintco.com Email Was not sure if anything needed to be filled out in the activities section. We did participate in the pre -bid conference. Requested Attachments RFP 24-16, Response Submittal Fayetteville Streets_Final.pdf Please upload your RFP proposal, including the required signature forms from the RFP document. Bid Attributes 1 Addendum Acknowledgement By selecting " 1 agree", you acknowledge that you have read all addendum(s) that have been issued for this solicitation, if applicable. ❑J 1 agree Page 2 of 2 pages Vendor: Flintco RFP 24-15 Addendum 1 \\1 UNMRsf1Y OF ARKANS AS i9l I -"Wood x RFP 24-15, CMAR for Maple Street Improvements RFQ 24-15 1 January 21,2025 Submitted by Flintco, LLC Brent Farmer, Vice President / Area Manager 184 Fantinel Dr., Springdale, AR 72762 (479) 306-6259 r L I N TC O Executive Summary Firm Overview With over 70 years of construction experience in Northwest Arkansas, Flintco has a proven record of delivering high -quality infrastructure and streetscape projects forth e City of Fayetteville and other public clients. Our tailored approach integrates preconstruction expertise, long-standing partnerships with local trade partners, and a commitment to community -focused results to deliver this project on schedule and within budget. Relevant Experience Flintco's extensive portfolio includes several notable projects in Fayetteville that demonstrate ourability to meet the city's expectations forquality, safety, and timeliness: Razorback Road Improvements: This $1.68 million project involved roadway widening, landscaping upgrades, and the integration of pedestrian -friendly features, all completed within budget and in September 2022. Deane Street and Porter Road Realignment: Delivered under CMAR/CMP format, this $4.07 million project included roadway grading storm water improvements, parking, greenway pathways, crosswalk installation, and enhanced pedestrian infrastructure, completed in December 2023. University of Arkansas Senior Sidewalk Expansion: Spanning multiple years, this $4.05 million project involved complex coordination in high -traffic areas, demonstrating our ability to work effectively in active environments while ensuring quality and timeliness. Fayetteville Police Headquarters: Ourteam delivered this $35 million facility with minimal disruptions, employing creative scheduling and proactive problem -solving to meet quality and budget goals. Fayetteville Fire Stations #2, #8, and #9: These essential facilities, with project values ranging from $2.37 million to $7.07 million, reflect our expertise in constructing critical municipal infrastructure. Key Project Team Our proposed team for the Maple Street Improvements project combines extensive streetscape expertise and a proven track record of success with the City of Fayetteville: Brent Farmer, Vice President/Area Manager: With over 33 years of industry experience, Brent has overseen numerous Fayetteville projects, including Razorback Road Improvements and multiple fire stations, ensuring seamless execution from concept to completion. Chad Crouch, Project Director: A 24-year- industry veteran with 19 years at Flintco, Chad has provided executive oversight on Fayetteville projects such as the Police Headquarters and the Deane Street and Porter Road realignment. His focus on stakeholder collaboration ensures alignment with client objectives. Klint Kimball, Preconstruction Director: Klint has delivered over $2 billion in preconstruction services in Northwest Arkansas, including the Fayetteville Police Headquarters and Razorback Road Improvements. His expertise in cost estimation, constructability, and value engineering has consistently driven project success. Tricia Shaw, Project Manager: With 28 years of industry experience, Tricia has managed Fayetteville projects like Fire Stations #2, #8 and #9, ensuring timely delivery, quality control, and fiscal accuracy. Kevin Langston, Senior Superintendent: KevinIs36 years of experience include managing complex projects such as Razorback Road Improvements and the University of Arkansas Senior Walk, where he ensured quality execution inactive campus environments. Dustin Maupin, Superintendent: A seasoned professional with 24 years of industry experience, Dustin played a key role in the Deane Street realignment, Fayetteville Fire Station #9, and Fayetteville Fire Station #2, demonstrating exceptional leadership and attention to detail. Preconstruction and Execution Strategy Flintco's preconstruction process ensures value maximization and cost efficiency through: Advanced Estimation Accuracy: Historical projects such as Tyson Park Renovations ($5.49 million) and Rogers School District Athletic Facilities ($27 million) demonstrate ourabilityto maintain a variance below 2%. Innovative Solutions: Cost -saving measures and flexible workflows have resulted in significant savings on past Fayetteville projects, such as $2 million saved on the Fayetteville Police Headquarters through material substitutions and design optimizations. Safety and Quality Flintco's commitment to safety and quality is foundational to our operations: Industry -Leading Safety: Our Experience Modifier Rate (EMR) of 0.52 reflects our commitment to a safe work environment. Award -Winning Quality: Flintco's Fayetteville projects have consistently earned accolades for excellence, including national safety and construction awards. Conclusion Flintco's experience with the City of Fayetteville, combined with our seasoned project team and proven preconstruction strategies, ensures the successful delivery of the Maple Street Improvements project. Our dedication to quality, collaboration, and community impact aligns seam lessly with the City's goals, and we look forward to continuing our strong partnership. v. Table of Contents TitlePage.....................................................................................................................................................................................i ExecutiveSummary................................................................................................................................................................. ii Tableof Contents.....................................................................................................................................................................iv Letter of Interest 1 Project Team Organization 2 Specialized and Past Experience 9 Schedule 12 Cost 16 Additional Background 17 Prior Experience 19 Understanding of Preconstruction Services 23 Records of Management 25 Owner Verification & Contact Verification 28 Current and Projected Workload 29 Current Maximum Bonding Capacity and Rate 30 Signature Submittal 31 4ff1-31.— IL CITY OF FAYETTEVILLE MAPLE STREET IMPROVEMENTS I RFP 24-15 ?LINTCO Letter of Interest January21, 2025 City of Fayetteville, Arkansas Attention: Amanda Beilfuss, Sr. Purchasing Agent Re: RFQ 24 -15 1 CMAR for Maple Street Improvements Dear Ms. Beilfuss and Selection Committee: Thank you for inviting us to propose on the Street Improvement project. Having worked in the Fayetteville community, since 1951, Flintco will provide accurate estimating during preconstructi on, local trade partners with commitment to quality work, and the guarantee it requires to successfully complete your project on budget and schedule. Specialized Experience and Technical Competence: Flintco is the number one provider of CMAR services in the state of Arkansas and more than 90% of our work is completed under the CM GMP delivery system. Out of our Arkansas office, alone, Flintco has successfully completed more than $200 million in streetscaping and hardscaping projects. Your Preconstruction Director Klint Kimball has delivered more than $2 billion in preconstruction services in Northwest Arkansas and has developed meaningful relationships with trade partners, which results in reliable trade partners who garner the best bids and perform quality work for the duration of construction. We are also proposing our same team of construction professionals, who successfully collaborated with the City of Fayetteville to deliver your recent Fire Stations and Police Headquarters. Our long-standing relationship will allow us to hit the ground running, ensuring that project kick-off is on time. Firm's Business Interest and Project Familiarity: Flintco's primary business interest lies in providing a full range of construction services across various sectors. Flintco is deeply committed to prioritizing local clients and communities by placing their needs and aspirations at the forefront of every project. Our unwavering dedication to excellence extends to fostering strong relationships with local clients, understanding their unique requirements, and delivering tailored solutions that positively impact the community. Over our 70 years in Northwest Arkansas, our team has completed seven projects for the City of Fayetteville, including two streetscape projects: Fayetteville Razorback Road Improvements and Deane Street and Porter Road. Building Trust Through Repeat Clientele: Flintco takes immense pride in fostering lasting relationships. With 80%of our projects earned from repeat clients, we believe that the foundation of every successful project is a strong partnership that endures well beyond its completion. We know that you expect only the best from this project in terms of safety, schedule, quality, and value. Ourteam is readyto make that happen, and we appreciate your consideration. Sincerely, Brent Farmer Vice President/Area Manager As requested in this section, below are references stemming from our work performed in the last five years. References that are specific to the this project's scope are included in Section B IV. Gary Wilson, Billing & Collections Manager City of Bentonville 479.271.3100 gwilson@bentonvillear.com Scott Eccleston, President of Campus Planning and Facility Management Art and Wellness Enterprises 479.418.5731 scott.eccieston@aweoffice.org Dr. Jared Cleveland, Superintendent Springdale Public Schools 479.750.8800 jcleveland@sdale.org Shayan Dehbozorgi, Principal Hight -Jackson Associates 479.464.4965 sdehbozorgi@hjarch.com Greg Walker, Architect Miller Boskus Lack Architects 479.443.7121 greg@mbi-arch.com Project Team Organization Our project team members were selected because of their experience working on streetscape projects. This team is also uniquely familiar with the City of Fayetteville, as many have been instrumental in delivering the recently completed first responder projects. All have extensive experience in the delivery construction management GMP projects. They have the right blend of knowledge, skills, and experience to successfully complete the Maple Street Improvements project. Organizational Chart Legend Off -Site Support r Preconstruction Director Klint Kimball Project Director Chad Crouch On -Site Support CITY OF FAYETTEVILLE MAPLE STREET IMPROVEMENTS I RFP 24-15 \FLINTCO 12 Industry Experience 33 Years Years with Flintco 30 Years Education A.A. Construction Management, Oklahoma State University Licenses/Certifications LEED Review Seminar, Subguard, OSHA 30, FMI Leadership, First Aid, CPR, Bloodborne Pathogens Brent Farmer VP/ Area Manager In the 25 years Brent has led the Arkansas Division, he has been instrumental in leading the team to achieve more than 99 state awards from the Associated Builders and Contractors from 1993-2023. As a direct result from his leadership the Arkansas Division has been named #1 Contractor in the State of Arkansas several years running, Best Contractor by Citiscape Magazine, Commercial Contractor of the Year by Fayetteville Construction and Developers Committee, 2018-2022 Very Best Commercial Contractor by Celebrate Arkansas, and 2021 Best Places to Work by Arkansas Business. As Brent prioritizes camaraderie within the team, the NWA office has been named #1 Contractor in the State of Arkansas several years running, Best Contractor by Citiscape Magazine, Commercial Contractor of the Year by Fayetteville Construction and Developers Committee, 2018-2021 Very Best Commercial Contractor by Celebrate Arkansas, and 2021 Best Places to Work by Arkansas Business. Key Experience • Deane & Porter Road Realignment I Fayetteville, AR $ 4,074,000 • City of Fayetteville Razorback Road Improvements Fayetteville, AR $1,680,000 CMAR/GMP • Deane & Porter Road Realignment • University of Arkansas Senior Walk 2020 - 2025 1 Fayetteville, AR $4,051,000 CMAR/GMP • University of Arkansas Razorback Road I Fayetteville, AR 1 $2,000,000 CMAR/GMP • Fayetteville Fire Station #2 1 Fayetteville, AR 1 $7,078,000 CMAR/GMP • Fayetteville Fire Station #8 1 Fayetteville, AR 1 $2,374,000 • Fayetteville Fire Station #9 1 Fayetteville, AR 1 $2,510, 000 • Fayetteville Police Headquarters Facility Project I Fayetteville, AR $35,343,000 CMAR/GMP • University of Arkansas Brough Commons Retail Shops I Fayetteville, AR $4,392,000 CMAR/GMP • University of Arkansas Frank O'Mara Track I Fayetteville, AR $12,264,450 CMAR/GMP • Crystal Bridges Museum of American Art Phase II Expansion Bentonville, AR I Confidential CMAR/GMP • Crystal Bridges Museum of American Art - The Momentary I Bentonville, AR I Confidential CMAR/GMP CITY OF FAYETTEVILLE MAPLE STREET IMPROVEMENTS I RFP 24-15 1PLI1MTC0 13 Industry Experience 24 Years Years with Flintco 19 Years Education B.S., Construction Management, Missouri State University A.S., Drafting and Design Technology, Ozarks Technical Community College Licenses/Certifications OSHA 30, ACI Concrete Flatwork Finisher and Technical Chad Crouch Project Director As the project director, Chad serves in a project executive oversight role. He acts as the liaison between Flintco, the owner representatives, major trade partners and architects/engineers to provided iversified input based on his construction expertise. Chad is responsible for overall management direction of al I areas required to successfu I ly deliver the project. Hem a nagesthe appropriate resource allocation to assure completion of the project and he serves as the senior point of contact regarding overall project contract and delivery. His specific responsibilities will be over planning, staffing, defining functions and responsibilities, and supervision of all project activities including project schedule, personnel administration and performance review. Chad was selected to complete Pillars, a premier 2-year leadership program that trains and develops Flintco's future leaders and key contributors. He was nominated by his co-workers and honored with a Chairman's Award for Construction/Project Management Leadership, the highest recognition given at Flintco. Key Experience • City of Fayetteville Razorback Road Improvements I Fayetteville, AR $116801000 • Deane & Porter Road Realignment I Fayetteville, AR 1 $4,074,000 • University of Arkansas Senior Walk 2020 - 2025 1 Fayetteville, AR $410511000 • Bentonville Creekside Park Bentonville, AR $13,000,000 CMAR/GMP • Fayetteville Fire Station #2 Fayetteville, AR $7,078,000 CMAR/GMP • Fayetteville Fire Station #81 Fayetteville, AR 1 $2,374,000 • Fayetteville Fire Station #91 Fayetteville, AR 1 $2,510, 000 • Fayetteville Police Headquarters Facility Project I Fayetteville, AR $35,343,000 CMAR/GMP • Universityof Arkansas Brough Commons Retail Shops I Fayetteville, AR $4,392,000 CMAR/GMP • Tyson Park Renovations I Springdale, AR 1 $5,000,000 CMAR/GMP • Universityof Arkansas Frank O'Mara Track I Fayetteville, AR $12,264,450 CMAR/GMP CITY OF FAYETTEVILLE MAPLE STREET IMPROVEMENTS I RFP 24-15 ?LINTCo 14 Industry Experience 32 Years Years with Flintco 8 Years Licenses/Certifications USGBC LEED Green Associate, AGC-ASPE Estimating Academy, AGC Advanced Print Reading, Planning the Estimate, Advanced Contract Law, AGC Conceptual and Square Foot Cost, DBIA Certified Klint Kimball Director of Preconstruction Klint leads budgeting, estimating, value analysis and constructability review services as well as the planning and coordination of preconstruction activities with all team members. Klint is well versed at cost model development, as well as scope definition and bid packaging. He is skilled in contract negotiations and adds valuable insight in the preconstruction phase of planning. Klint is thorough, systematic and efficient in the development of the GMP. He also provides project development expertise during the design phase to help define needs and determine scope based on his experience in project management and field operations. Klint is DBIA certified and volunteers with the Ozark Foundation. He was nominated by his co-workers and honored with a Chairman's Award for Employee Development, the highest recognition given at Flintco. Klint was selected to complete Pillars, a premier 2-year leadership program that trains and develops Flintco's future leaders and key contributors. Klint enjoys traveling, pickleball and mountain biking. Key Experience • City of Fayetteville Razorback Road Improvements I Fayetteville, AR $1,680,000 • Deane & Porter Road Realignment I Fayetteville, AR 1 $4,074,000 • University of Arkansas Senior Walk 2020 - 20251 Fayetteville, AR $4,051,000 • Bentonville Creekside Park I Bentonville, AR $13,000,000 CMAR/GMP • Fayetteville Fire Station #2 1 Fayetteville, AR $7,078,000 CMAR/GMP • Fayetteville Fire Station #8 1 Fayetteville, AR 1 $2,374,000 • Fayetteville Fire Station #91 Fayetteville, AR 1 $2,510, 000 • Fayetteville Police Headquarters Facility Project I Fayetteville, AR $35,343,000 CMAR/GMP • Tyson Park Renovations I Springdale, AR 1 $5,000,000 CMAR/GMP • Oaklawn Track Improvements & Tunnel Replacement I Hot Springs, AR $2,407,000 CMAR/GMP • University of Arkansas Frank O'Mara Track I Fayetteville, AR $12,264,450 CMAR/GMP • Crystal Bridges Museum of American Art Phase II Expansion I Bentonville, AR I Confidential CMAR/GMP • Crystal Bridges Museum of American Art -The Momentary I Bentonville, AR I Confidential CMAR/GMP CITY OF FAYETTEVILLE MAPLE STREET IMPROVEMENTS I RFP 24-15 1PLINTC0 15 Industry Experience 28 Years Years with Flintco 10 Years Licenses/Certifications OSHA 30 Tricia Shaw Project Manager Tricia oversees the project team to assure quality workmanship is delivered timely and with fiscal accuracy. She prepares the prelim inary schedule and assists the preconstruction director with cost estimates, feasibility studies, and value analysis. She is responsible for writing and reviewing subcontracts and purchase orders to ensure the scope of work for each trade is accurate and complete. She monitors all construction activities, quality control, and the accounting process. She organizes and conducts progress meetings with the owner and architect and ensures timely resolution of all project issues. Tricia is a member of Women in Construction and chairs Flintco's annual Top Golf tournament, raising significant funds forA Level Up. She attends local Chamber of Commerce events. Tricia and her daughters share a jewelry business, and she enjoys spending time at the beach. Key Experience • City of Fayetteville Razorback Road Improvements I Fayetteville, AR $1,680,000 • University of Arkansas Senior Walk 2020 - 2025 1 Fayetteville, AR $4,051,000 • Fayetteville Fire Station #2 1 Fayetteville, AR 1 $7,078,000 CMAR/GMP • Fayetteville Fire Station #8 1 Fayetteville, AR 1 $2,374,000 • Fayetteville Fire Station #91 Fayetteville, AR 1 $2,510, 000 • University of Arkansas Seed Processing Facility I Stuttgart, AR $8,000,000 CMAR/GMP • Springdale Elementary School 2016 (Knapp Elementary) I Springdale, AR 1 $16,900,000 CMAR/GMP • University of Arkansas Brough Commons Retail Shops I Fayetteville, AR $4,392,000 CMAR/GMP • University of Arkansas Old Main Lawn Lighting I Fayetteville, AR $730,000 • University of Arkansas - Arkansas Avenue Sidewalk Replacement Fayetteville, AR 1 $550,000 • University of Arkansas Senior Walk Replace Sidewalk I Fayetteville, AR $630,000 • University of Arkansas Old Main Lawn Stone Retaining Wall Restoration I Fayetteville, AR 1 $525,000 CITY OF FAYETTEVILLE MAPLE STREET IMPROVEMENTS I RFP 24-15 ?LINTCO 16 e%5� Industry Expedence 36 Years Years with Flintco 13 Years Licenses/Cenifications CPR, Fi rst Aid, OS HA 10 Kevin Langston Senior Superintendent Kevin oversees and directs construction, ensuring trade partner workmanship is incorporated timely and with the expected level of quality. He works with the project manager and superintendent(s) to manage the on -site operations and is the most famiI is r with the plans, specifications, contracts and submittals. Kevin serves as the liaison between the owner's and trade partners and governmental authorities. He enforces jobsite safety, ensuring all field operations are in compliance with OSHA standards. Key Experience Fayetteville Razorback Road Improvements I Fayetteville, AR $2,398,000 University of Arkansas Senior Walk 2021-20251 Fayetteville, AR $1,383,000 University of Arkansas Brough Commons Retail Shops I Fayetteville, AR $4,392,000 CMAR/GMP University of Arkansas Old Main Lawn Lighting I Fayetteville, AR $730,000 University of Arkansas - Arkansas Avenue Sidewalk Replacement Fayetteville, AR I $550,000 University of Arkansas Senior Walk Replace Sidewalk I Fayetteville, AR $630,000 University of Arkansas Old Main Lawn Stone Retaining Wall Restoration I Fayetteville,AR 1 $525,000 University of Arkansas Alumni North Paver Patio I Fayetteville, AR $43,000 University of Arkansas System Eastern Avenue Demolition I Fayetteville, AR I $30,368 University of Arkansas System Maple & Reagan Gravel Parking Lots Fayetteville, AR I $163,098 University of Arkansas System Multiple Demo; Greg, Maple, Reagan St Fayetteville, AR 1 $95,800 University of Arkansas System Oliver Ave Demolition and Parking Fayetteville, AR I $468,000 University of Arkansas Innovation Center IAR I $5,300,000 University of Arkansas Peabody Hall I AR I $8,400,000 CITY OF FAYETTEVILLE MAPLE STREET IMPROVEMENTS I RFP 24-15 �pJm 1 Industry Experience 24 Years Years with Flintco 18 Years Education Master welding Degree Licenses/Certifications First Aid, CPR Dustin Maupin Superintendent Dustin oversees and directs construction, ensuring trade partner workmanship is incorporated on -time and with the expected level of quality. He works with the project managerto oversee operations and is the most familiarwith the plans, specifications, contracts and submittals. Dustin enforces jobsite safety, prepares and manages the quality control program, organizes and conducts weekly trade partner meetings and inspects the work to verify construction conforms to the contract documents. Key Experience • City of Fayetteville Razorback Road Improvements I Fayetteville, AR $1,680,000 • Deane & Porter Road Realignment I Fayetteville, AR 1 $ 4,074,000 • University of Arkansas Senior Walk 2020 - 2025 1 Fayetteville, AR $4,051,000 • Fayetteville Fire Station #2 1 Fayetteville, AR 1 $7,078,000 CMAR/GMP • Fayetteville Fire Station #8 1 Fayetteville, AR 1 $2,374,000 • Fayetteville Fire Station #9 1 Fayetteville, AR 1 $2,612,000 • Fayetteville Police Headquarters Facility Project I Fayetteville, AR $35,343,000 CMAR/GMP • University of Arkansas Maple & Reagan Gravel Parking Lots Fayetteville, AR 1 $163,098 • University of Arkansas - Arkansas Avenue Sidewalk Replacement I Fayetteville, AR 1 $550,000 • University of Arkansas Senior Walk Replace Sidewalk I Fayetteville, AR $630,000 • University of Arkansas Fred W. Smith Football Center I Fayetteville, AR $33,694,484 CMAR/GMP • Northwest Arkansas Community College Shewmaker Center for Global Business Development I Bentonville, AR 1 $8,000,000 CMAR/GM P • Gentry Public Schools Multi -Purpose Athletics & Activities Facility I Gentry, AR 1 $3,974,000 CMAR/GMP • Springdale Elementary School 2016 (Knapp Elementary) I Springdale, AR 1 $16,900,000 CMAR/GMP CITY OF FAYETTEVILLE MAPLE STREET IMPROVEMENTS I RFP 24-15 ?LINTCO I a SECTION A V Specialized and Past Experience According to Engineering News Record, the leading industry publication, Flintco is the number one provider of Construction Management at Risk (CMAR) services in the state of Arkansas. Flintco is consistently ranked as atop provider of CM in the nation, and ranks in the top 25 in multiple sectors. In the last five years, the Arkansas office alone has delivered or is delivering $1.93 billion worth of CMAR work. With more than 90% of our work completed under the CM delivery system, our construction management services focus on identification of team - oriented, positive solutions to project challenges. We provide the client with complete control and City of Fayetteville Experience In addition to the Razorback Road and the Dean Street and Porter Road improvement projects on the following pages, Flintco is proud to have partnered with the City of Fayetteville on four landmark projects. We deeply value the relationships we've built through these recent endeavors and remain committed to exceeding your expectations while strengthening our partnership at every opportunity. Project Director, Chad Crouch; Preconstruction Director, Klint Kimball; Project Manager, Tricia Shaw; and Superintendent, Dustin Maupin have been involved in each of these projects and understand how to expertly navigate the City of Fayetteville processes and procedures. ............. ..... .��. understanding of a project's status while placing the day-to-day decisions and dealings with trade partners in the experienced hands of Flintco's project team. The strength of oursuccess comes from our individual approach to each project: focusing on client goals, collaborating with the project team, listening to stakeholders, understanding the markets we serve and maximizing our national resources - all while providing unequaled service and attention to detail. CITY OF FAYETTEVILLE MAPLE STREET IMPROVEMENTS I RFP 24-15 ,?LINTCO 19 Fayetteville Police Headquarters Maintaining Schedule Momentum Despite Delays This state-of-the-art $35 million project was delivered without significant construction delays, thanks to Flintco's proactive problem -solving and adaptability. While the project team encountered several material acquisition challenges due to supply chain challenges that occurred during COVID, they ensured the timeline remained on track. For instance, the generator did not arrive until late January 2023, necessitating its installation after much of the project had been completed. Similarly, delays in the arrival of mechanical equipment required creative scheduling to prevent work stoppages. Sourcing essential materials like steel and roofing proved especially difficult, but Flintco's team successfully navigated these obstacles by securing substitutions where possible —an approach that not only kept the project moving but also yielded cost savings. When materials could not be substituted, the team strategically adjusted workflows to minimize disruptions. One of the most complex aspects of the project involved the building's exterior, which featured terracotta —a reddish limestone requiring specialized machinery and highly skilled labor for installation. Despite the fragility and logistical challenges of mining, transporting, and installing the massive terracotta pieces, the team's expertise ensured steady progress and exceptional craftsmanship. Project Savings In 2021, rising industry prices significantly increased project costs. Flintco's team initially provided the ownerwith a cost estimate, but delays in funding led to substantial cost escalation by the time construction began. To keep the project within the original budget, the team implemented over 30 cost -saving measures, achieving over $2M in savings. Specific actions included: • Switching from concrete paving to HD asphalt ($94K saved). • Changing door hardware to Falcon ($34K saved). • Using a 40MIL roofing product instead of 60MlL ($50K saved). • Opting for Powder Coat guardrails ($34K saved). • Improved landscape design with local planting and improved spacing ($29K saved). • Custornizing pedestals instead of using premanufactured ones ($40K saved). • Selecting alternate mechanical manufacturers to increase competition ($370K saved). • Switching to a more economical metal panel system ($260K saved). The below chart is a sample of our recent government projects executed under a GM P format that represents how Flintco has successfully delivered projects on -schedule, on -budget, while maintaining high customer satisfaction. Project Contract Amount Final Cost Scheduled ActualSatisfaction Completion Completion Cl Fayetteville Police Headquarters $35,343,000 $35,343,000 4/12/2023 4/12/2023 Yes Fayetteville Fire Station #2 $7,078,682 $6,931,188 10/30/2024 10/30/2025 Yes Bentonville Creekside Park & Road $6,279,038 $8,265,475 5/2/2023 5/3/2023 Yes Mickey Jackson Fire Training Center $2,805,900 $2,797,908 2/26/21 1/29121 Yes Fayetteville The New School $9,114,009 $9,101,776 1/31/16 1/31/16 Yes Bentonville Evening Star Elementary School $18,900,000 $18,108,379 8/1/19 8/1/19 Yes CITY OF FAYETTEVILLE MAPLE STREET IMPROVEMENTS I RFP 24-15 111w'co I I Additional savings were achieved by buying out metal panels for roof screens ($100K saved) and installing them individually. The team also replaced ceramic tile with polished concrete in many areas, saving $130K by using stainless steel wall protection instead of wall tile, $85K by resizing wall tiles, $80K with alternate quartz countertops and window stools, and $60K by reducing and rearranging light fixtures. This comprehensive approach allowed the project to remain on budget despite significant challenges. This project was impacted by manufacturing delays created from the COVID-19 pandemic. One was the overhead door forth e apparatus bay. The team found a temporary solution to keep the apparatus bay closed so that interior finishes could be completed to keep the project moving forward. Even though the overhead door arrived late, the team worked around that scope to avoid major schedule delays. Ensuring Quality & Client Satisfaction Flintco's Arkansas project team actively worked with the owner to develop the most cost-effective, highest -quality facility for the city's public servants. The project team created strong, lasting relationships with the owner and looks forward to future projects with the City of Fayetteville. CITY OF FAYETTEVILLE ARKANSAS December 5, 2023 To whom it may concern, It is my pleasure to provide this letter of recommendation for Flintco Construction, highlighting their exceptional contributions to the successful completion of the City of Fayetteville's new police headquarters campus. Flintco Construction played a pivotal role in ensuring the project's success, starting with their invaluable cost -saving strategies during pre -construction planning. Their meticulous attention to detail aided in the selection of subcontractors, which significantly contributed to the seamless execution of the project's scope of work. During the challenges posed by the construction industry's volatility amid an unprecedented pandemic, Flintco demonstrated resilience, adaptability, and a steadfast commitment to overcoming obstacles. Their proactive measures and collaborative approach helped mitigate unforeseen costs, allowing the City of Fayetteville to absorb challenges during the design, planning, and construction phases. Throughout the construction process, Flintco exhibited meticulous oversight and attention to detail, ensuring the project's quality met and exceeded expectations. Their responsiveness to the completion of punch list items showcased a dedication to excellence and client satisfaction. I wholeheartedly recommend Flintco Construction for future projects, as I and the entire police force have been impressed with their professionalism, expertise, and unwavering commitment to delivering exceptional results. Sincerel , /& 0,6a_ Mike Reynolds Chief of Police MR:am EXAMPLE: CUSTOMER SATISFACTION CITY OF FAYETTEVILLE MAPLE STREET IMPROVEMENTS I RFP 24-15 �-FLINTCO 177 Schedule Phase I Schedule ID (Task Mode Task Name Duratlon Start Finish efi2'5 xlul x '25 A xr 1 gis i • i • ti W - - - S W 4 {a ti Maple Street Construction Project Admin Project Award Owner Contract Negotiations Develop Bid Packages Bid Project Bid Due Bid Vetting Process Present Pricing to Owner Award Sub Contracts Submittal Process Finalize Phase Planning Submit Road Closure Permits One Call Locates Phase 1 Construction AREA1-Greggto Ark Mobilization Staking and Layout Traffic Control & Signage Installation SWEEP Installation Demo Sidewalks and Curb Gregg to Ark Excavation& Grading for Sidewalks and Utility Relocates Traffic Light Relocates Form Sidewalks and Curbs Inspect Forms and Compaction Test Pour Sidewalks, Curbs and Mud slabs Set Granite Curbs Demo Remaining Street Street Excavation and Grading Final Inspections and Compaction Test Asphalt Paving Bike Trail Paver and Cobble Stone Install Landscaping Install Open Gregg to Ark Curbs 124 days 62 days 1 day 7days 10 days 10 days 1 day 8 days 2tlays 5tlays 15 days 5tlays 5tlays 3tlays 60 days 40 days 1 day 3tlays 1 do, 2tlays 8days 8days 8 days 20 days 5 days 2 days 6 days 4 days 2tlays 5 days Il day 3 days 11 days 3tlays 1 do, Fee 2/11/25 Fee 2/11/25 Time 2/11/25 Wed 2/12/25 Wed 2/12/25 Wed 2/26/25 Wed 3/12/25 ALL 3/13/25 Toe 3/25/25 ALL 3/27/25 ALL 4/3/25 ALL 4/3/25 ALL 4/10/25 Mon 5/5/25 Mon 5/12/25 Mon 5/12/25 Mon 5/12/25 Mon 5/12725 Mon 5/12/25 Mon 5/12/25 Wed 5/14/25 ALL 5/15/25 ALL 5/15/25 ALL 5/15/25 Toe 5/27/25 Toe 6/3/25 ALL 6/5/25 Fri 6/13/25 ALL 6/19/25 Mon 6/23/25 Mon 6/30/25 Toe 7/1/25 ALL 6/19/25 Toe 7/1/25 Fri 7/4/25 Fri 8/1/25 Wed 5/7/25 Toe 2/11/25 Thu 2/20/25 Toe 2/25/25 Toe 3/11/25 Wed 3/12/25 Mon 3/24/25 Wed 3/26/25 Wed 4/2/25 Wed 4/23/25 Wed 4/9/25 Wed 4/16/25 1Wetl 5/7/25 Fri 8/1/25 Fri)/4/25 Mon 5/12/25 Wed 5/14/25 Mon 5/12/25 'Toe 5/13/25 Fri 5/23/25 Mon 5/26/25 Mon 5/26/25 Wed 6/11/25 Mon 6/2/25 Wed 6/4/25 Thu 6/12/25 Wed 6/18/25 'Fri 6/20/25 Fri 6/27/25 Mon 6/30/25 Thu 7/3/25 Thu 7/3/25 Thu 7/3/25 Fri 7/4/25 a 2 3 4 5 6 ] 8 9 10 11 12 13 14 15 16 11 18 19 20 21 22 23 24 25 26 21 28 29 30 31 32 33 34 35 36 31 38 39 Project: Maple Street Date: Fri 1/17/25 Schedule Task spuv ............... Mllertone O Summary pr Jett Summary In,seTask Inaclve Milestone Inaclve Summary �1 0 Manual Task DurationonlyFinish Manual Summary Rollup 0 Manual Summary startonlyC only] External Tasks External Mllertone Deadline 1 Progress Manual Progress 40 • . y • a y y a R ARE%2-Ark to GRAD Mobilization Traffic Control Signage Installation SWEEP Installation Demo Sidewalks and Curb Ark to GRAD Excavation Grading for Sidewalks and Curbs Utility Relocates Form Sidewalks and Curbs Inspect Forms and Compaction Test Pour Sidewalks, Curbs and Mud slabs Set Granite Curbs Demo Remaining Street Street Excavation and Grading Final Inspections and Compaction Test Asphalt Paving Bike Trail Paver and Cobble Stone Install Landscaping Install Open Ark to Whitham AREA 3- GRAD to Campus Drive Mobilization Traffic Control Signage Installation SWEEP Installation Demo Sidewalks and Curb GRAD to Campus Drive Demo Street Excavation Grading for Sidewalks and Curbs Storm Drainage Installation Utility Relocates Traffic Light Relocates Form Sidewalks and Curbs Inspect Forms and Compaction Test Pour Sidewalks, Curbs and Mud slabs Set Granite Curbs Street Excavation and Grading Final Inspections and Compaction Test Asphalt Paving Bike Trail Paver and Cobble Stone Install Landscaping Install Open 60 days 1 day lday 3tlays 7days 7days J days 5 days 1 day 5 days 5 days 3tlays 6days lday 2 days 12 days 3tlays lday 60 days lday lday 2tlays 8tlays 3tlays 8tlays 20 days 8 days 20 days 5 days 2tlays ] days 4 days 7 days lday 3tlays 10 days 3tlays '1 day Mon 5/12/25 Mon 5/12/25 Mon 5/12/25 Mon 5/12/25 Tue 5/27/25 Thu 6/5/25 Thu 6/5/25 Mon 6/16/25 Mon 6/23/25 Tue 6/24/25 Fri 7/4/25 Fri 7/11/25 Wed 7/16/25 Thu 7/24/25 Fri 7/25/25 Fri 7/11/25 Tue 7/29/25 Fri 8/1/25 Mon 5/12/25 Mon 5/12/25 Mon 5/12/25 Mon 5/12125 Wed 5/14/25 Mon 5/26/25 Mon 5/26/25 Mon 5/26/25 Mon 5/26/25 Mon 5/26/25 Mon 6/23/25 Mon 6/30/25 Wed 7/2/25 Fri 7/11/25 Thu 7/17/25 Mon 7/28/25 Tue 7/29/25 Thu?/17/25 'Tue 7/29/25 Fri 8/1/25 Fri 8/1/25 Mon 5/12/25 Mon 5/12/25 Wed 5/14/25 Wed 6/4/25 Fri 6/13/25 Fri 6/13/25 Fri 6/20/25 Mon 6/23/25 Mon 6/30/25 Thu 7/10/25 Tue 7/15/25 Wed 7/23/25 Thu 7/24/25 Mon 7/28/25 Mon 7/28/25 Thu 7/31/25 Fri 8/1/25 Fri 8/1/25 Mon 5/12/25 Mon 5/12/25 Tue 5/13/25 Fri 5/23/25 Wed 5/28/25 Wed 6/4/25 Fri 6/20/25 Wed 6/4/25 Fri 6/20/25 Fri 6/27/25 Tue 7/1/25 Thu 7/10/25 Wed 7/16/25 Fri 7/25/25 Mon 7/28/25 Thu 7/31/25 Wed 7/30/25 Thu 7/31/25 Fri 8/1/25 -' q I 41 42 43 44 45 46 41 48 49 So 51 52 53 54 55 56 51 58 59 60 61 62 63 64 65 66 61 68 69 10 11 12 13 14 ]5 16 11 ]8 Ta Project: Maple Street Schedule split Date: Fri 1/17/25 Milestone Summary Prolett Summary ............... Inattive Task O Inactive Milestone �1 Inactive Summary Manual Task StartonlyE Deadline 1 DurationonlyFinishonly] Progress ManualSummaryRollup External Tasks Manual Progress 0 Manual Summary riiiiiiiiiiiiiiiiiiiiiiiiiiiiii1 External Milestone CITY OF FAYETTEVILLE MAPLE STREET IMPROVEMENTS I RFP 24-15 'Lnvrao 113 Phase II Schedule ID Task Mode Task Name Duration Start Finish Predecessors IMay'26 �lun'26 �lul'26 JAug'26 26 3 16 17 24 39 7 14 21 28 5 12 19 26 2 9 1 �� a Ili �.� �a Ili �.� �.� �a �a �.� W, W. Wi Wa W, 111111% W, III, Wi W, 111111i III, III, M Ili Wi III, W, Maple Street Construction 62 days Phase 2 Construction 63 days AREA 1- Campus Drive to Oakland 40 days Mobilization 1 day Staking and Layout 3 days Traffic Control & Signage Installation 1 day SWPPP Installation 2 days Demo Sidewalks and Curb Campus Drive to Oakland 8 days Excavation & Grading for Sidewalks and Curbs 8 days Utility Relocates 8 days Form Sidewalks and Curbs 5 days Inspect Forms and Compaction Test 2 days Pour Sidewalks, Curbs and Mud slabs 6 days Set Granite Curbs 4 days Demo Remaining Street 2 days Street Excavation and Grading 5 days Final Inspections and Compaction Test 1 day Asphalt Paving 3 days Bike Trail Paverand Cobble Stone Install 11 days Landscaping Install 3 days Open Campus Drive to Oakland 1 day AREA 2 - Oakland to Lindell 63 days Mobilization 1 day Traffic Control & Signage Installation 1 day SWPPP Installation 3 days Demo Sidewalks and Curb Oakland to Lindell 7 days Excavation & Grading for Sidewalks and Curbs 7 days Utility Relocates 7 days Form Sidewalks and Curbs 5 days Inspect Forms and Compaction Test 1 day Tue 2/11/25 Mon 5/11/26 Mon 5/11/26 Mon 5/11/26 Mon 5/11/26 Mon 5/11/26 Mon 5/11/26 Wed 5/13/26 Thu 5/14/26 Thu 5/14/26 Tue 5/26/26 Tue 5/2/26 Thu 5/4/26 Fri 6/12/26 Thu 6/18/26 Mon 6/22/26 Mon 6/29/26 Tue 6/30/26 Thu 6/18/26 Tue 6/30/26 Fri 7/3/26 Mon 5/11/26 Mon 5/11/26 Mon 5/11/26 Mon 5/11/26 Tue 5/26/26 Thu 5/4/26 Thu 5/4/26 Mon 6/15/26 Mon 6/22/26 'Wed 5/7/25 Wed 8/5/26 Fri 7/3/26 Mon 5/11/26 Wed 5/13/26 Mon 5/11/26 Tue 5/12/26 Fri 5/22/26 Mon 5/25/26 Mon 5/25/26 Mon 5/1/26 Wed 5/3/26 Thu 6/11/26 Wed 6/17/26 Fri 6/19/26 Fri 6/26/26 Mon 6/29/26 Thu 7/2/26 Thu 7/2/26 Thu 7/2/26 Fri 7/3/26 Wed 8/5/26 Mon 5/11/26 Mon 5/11/26 Wed 5/13/26 Wed 5/3/26 Fri 6/12/26 Fri 6/12/26 Fri 6/19/26 Mon 6/22/26 18SS 19SS 19SS 21 22SS+1 day 23SS 24 25 26 27 28 29 30 31 28 31 34 18SS 38SS 38SS 23 41 42SS 43 44 8/5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Project: PH 2 Maple Street Sche Date: Sun 1/19/25 Task Split ................... Milestone O Summary r ---------- I Project Summary rT Inactive Task Inactive Milestone Inactive Summary Manual Task Duration -only o Manual Summary Rollup Manual Summary o Start -only C Finish -only 7 FMernal Tasks Fxtemal Milestone Deadline 3 Progress Manual Progress ID Task Mode Task Name I Duration I Start 1 Finish 1 Predecessors May'26 Jun'26 1Jul'26 IAug '26 26 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 46 Wi III, Wi W+ Wa Wa 1 III, W, Wa W,i Ili W4 W4 Wa 1 W, W+ W+ Ill Ili W4 W+ Pour Sidewalks, Curbs and Mud slabs Set Granite Curbs Demo Remaining Street Street Excavation and Grading Final Inspections and Compaction Test Asphalt Paving Bike Trail Paver and Cobble Stone Install Landscaping Install Open Oakland to Lindell AREA 3 - Lindell to Garland Mobilization Traffic Control & Signage Installation SWPPP Installation Demo Sidewalks and Curb Lindell to Garland Demo Street Excavation & Grading for Sidewalks and Curbs Storm Drainage Installation Utility Relocates Traffic Light Relocates Form Sidewalks and Curbs Inspect Forms and Compaction Test Pour Sidewalks, Curbs and Mud slabs Set Granite Curbs Street Excavation and Grading Final Inspections and Compaction Test Asphalt Paving Bike Trail Paver and Cobble Stone Install Landscaping Install Open Lindell to Garland 5 days 5 days 3 days 6 days 1 day 2 days 12 days 3 days 1 day 60 days 1 day 1 day 2 days 8 days 3 days 8 days 20 days 8 days 20 days 5 days 2 days 7 days 4 days 7 days 1 day 3 days 10 days 3 days 1 day Tue 6/23/26 Tue 6/30/26 Tue 7/7/26 Fri 7/10/26 Mon 7/20/26 Tue 7/21/26 Tue 7/7/26 Thu 7/23/26 Tue 7/28/26 Thu 5/14/26 Thu 5/14/26 Thu 5/14/26 Thu 5/14/26 Mon 5/18/26 Thu 5/28/26 Thu 5/28/26 Thu 5/28/26 Thu 5/28/26 Thu 5/28/26 Thu 6/25/26 Thu 7/2/26 Mon 7/6/26 Wed 7/15/26 Tue 7/21/26 Thu 7/30/26 Fri 7/31/26 Tue 7/21/26 Fri 7/31/26 Wed 8/5/26 Mon 6/29/26 Mon 7/6/26 Thu 7/9/26 Fri 7/17/26 Mon 7/20/26 Wed 7/22/26 Wed 7/22/26 Mon 7/27/26 Tue 7/28/26 Wed 8/5/26 Thu 5/14/26 Thu 5/14/26 Fri 5/15/26 Wed 5/27/26 Mon 6/1/26 Mon 6/8/26 Wed 6/24/26 Mon 6/8/26 Wed 6/24/26 Wed 7/1/26 Fri 7/3/26 Tue 7/14/26 Mon 7/20/26 Wed 7/29/26 Thu 7/30/26 Tue 8/4/26 Mon 8/3/26 Tue 8/4/26 Wed 8/5/26 45 46 47 48 49 50 47 52 53 19 57SS 57SS 59 60 60 62SS 62SS 62SS 63 66 67 68 69 70 71 '69 71 74 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 &6W+ 69 70 71 72 73 74 75 Project: PH 2 Maple Street Sche Date: Sun 1/19/25 Task Split ................... Milestone ♦ Summary r --------- I Projeat Summary 9" Inaetive Task Ina Rive Milestone InactivE Summary Manual Task Duration -only o Manual Summary Rollup Manual Summary r1 o Start -only C Finish -only 7 I'. External Tasks Extemal Milestone Deadline Progress Manual Progress CITY OF FAYETTEVILLE MAPLE STREET IMPROVEMENTS I RFP 24-15 ?MIIYTCC3 115 SECTION A VII Cost Flintco greatly respects and appreciates our relationship with City of Fayetteville. We look forward to each project as an opportunity to prove ourselves and showcase our team. For the City of Fayetteville Maple Street Improvements project, Flintco's preconstruction fee is $1.00. There are no other fees solely associated with preconstruction. CITY OF FAYETTEVILLE MAPLE STREET IMPROVEMENTS I RFP 24-15 1fmAvrGD 116 SECTION A VIII Additional Background Self Perform Flintco provides competitive self -performance capabilities to our clients for those trades that have significant impact on the quality and schedule of construction. When Flintco self -performs work, we have ourown people deeplyengaged in the safety, schedule and quality control of your project everyday, which addsvalue and certainty. Our ability to self -perform work allows for greater control of staff performance, cost, flexibility of schedules and end -of -work quality. This includes concrete, steel, rough carpentry, industrial, dry -wall and installation of doors, hardware and specialty items. The self -performance bid process is the exact same expected of other trade partners where we submit our lowest price for the scope of work and all bids are publicly opened. Flintco remains transparent throughout the bidding process, including when we self -perform. Final selection is always based on best value foryour project. Safety Our safety program exceeds federal, state, and local OSHA requirements and demands total participation of our staff and trade partners. This primary focus on safety results in quality buildings and positive experiences for everyone involved. It also controls costs and keeps projects on schedule. Safety is our company -wide badge of honorthat reflects ourcommitment to doing things right. We recently have celebrated the following milestones*: Flintco's Experience Modifier Rate (EMR) of 0.52 remains well below the industry average of 1.0 Trade Partner incidents continue to trend down yearafteryear 2021 - 2023 ABC National Safety of Excellence Award Winner 2O23ABC Pinnacle Award *2024 Safety Awards have not been issued to date 2018 - 2023 Designated as Diamond Level by the Associated Builders and Contractors Safety and Training Evaluation Process (ABC STEP) - the highest level a company can achieve from the safety r L--JkL benchmarking system. Our focus is evident, not only • through national prefer to ' recognition, including by both the Associated Builders and Contractors (ABC) and Associated General Contractors (AGC) trade associations, but also in our achievement of the prestigious Diamond status in the ABC STEP benchmarking process yearafter year. The single most important element in the success of our Safety program was the creation of our Flintco 4 LIFE culture. Since it was introduced in 2017, Flintco + LIFE has become synonymous with -1intco'sSafety culture because it vorks with leadership and employees it all levels to create change in people, )rocesses, culture, and organizations. -Iintco 4 LIFE focuses on process, )ractice, and individual behaviors o improve safety by Living Incident ree Everyday (LIFE). We explore how eople think, feel and relate to Safety, and look at the role of the organization in providing a safe work environment. The 4 R's are prominent in our approach: Reach out, do it Right, Raise your voice and Recognize hazards. Solid Trade Partner Relationships: As part of the Arkansas fabric for more than 70 years, Flintco enjoys an excellent reputation within local trade partner communities as a contractor known as financially stable and forsafe and clean jobsites. We plan ourworkand involve trade partners in scheduling the work. Because of this, trade partners want to work with us. Flintco has established itself not only in the region but nationally as a well -respected contractor of choice. Our reputation, excellent communication and partnering programs enable us to attract and engage the highest quality trade partners for our projects. Trade partners want to work with Flintco and will push aside other projects for an opportunity to bid a Flintco job. This benefits you by ensuring high levels of trade partner participation so that you know you are getting competitive market pricing. FAYETTEVILLE MAPLE STREET IMPROVEMENTS I RFP 24-15 ?LINTCO 118 TAB B I Prior Experience Constructing Streetscape and Similar Project Types In the past five years, Flintco has completed more than $240 million in streetscape and hardscaping projects in the last five years. Of this, more than $200 million has been completed in Northwest Arkansas. Fayetteville Razorback Road Improvements Fayetteville, AR These improvements included the widening of the existing road and landscaping upgrades along the west side of Razorbackto enhance thevisual appeal. Enhancements included the addition of trees, grassyareas, improved asphalt pavers, cobblestones, and pavement markings for pedestrian traffic. DELIVERY METHOD General Contracting FINAL COST $1,696,000 YEAR OF COMPLETION September 2022 CITY OF FAYETTEVILLE MAPLE STREET IMPROVEMENTS I RFP 24-15 'FLIT o 119 1 ^Il rA bMTT t.i�Il� i C1IAND R1AUL-R(T'I AI.L'XANI RLA M AA,R(l I VANY _A APADIA f;(WI,7 University of Arkansas Senior Sidewalk 2021-2025 The University of Arkansas Senior Walk project includes engraving the names of four years' worth of graduating seniors on over4,000 feet of sidewalk. The project scope included curb and gutter, sidewalk, manholes, landscaping and electrical work. From Cleveland Street and Razorback Road, the project spanned up Maple Street, around Garland, and tied into the previous Senior Sidewalk project at the northwest corner of Cleveland and Garland. DELIVERY METHOD General Contracting FINAL COST $4,051,000 YEAR OF COMPLETION December 2023 CITY OF FAYETTEVILLE MAPLE STREET IMPROVEMENTS I RFP 24-15 ?LINTCO 120 Deane Street and Porter Road Fayetteville, AR DELIVERY METHOD CM -At Risk / GMP As an extension of the Fayetteville Police Department project, Flintco transformed FINAL COST Deane Street and Porter Road into a safer, more accessible, and aesthetically $4,074,000 pleasing corridor. The project included widening and realigning the roadway, adding parking spaces, and improving drive lanes. A roundabout was constructed YEAR OF COMPLETION to enhance traffic flow, while new curb and gutter systems and an upgraded December2023 storm sewer system improved drainage. ADA-compliant crosswalks, a section of greenway bike and walkingtrail, and street landscaping further enriched the area, creating a functional and inviting space for pedestrians, cyclists, and drivers alike. CITY OF FAYETTEVILLE MAPLE STREET IMPROVEMENTS I RFP 24-15 1?Ur rco 121 � ♦ 4 4 1 k�'� � Cf' _ � C -1, V'r _ . �i-�� _� SECTION B II Understanding of Preconstruction Services Ninety-five percent of project savings are achieved during the preconstruction phase. We can help you maximize every dollar. As ideas are discussed, Flintco will work with the City of Fayetteville and engineering team to implement the most cost-effective solutions to the City's programing needs. We will work with the team to explore options and run "what -if" scenarios on the fly so that no design or programing idea is left unexplored. The meaning of Guaranteed Maximum Price {GMP} is more than just a contractual term that defines our "not to exceed" project value. A Guaranteed Maximum Price as prepared by Flintco shall include all Cost of the Work as defined by the AIA A133, Article 6. We prepare our GMP with full transparency in mind, allowing the Owner and Flintco to discuss both inclusions and exclusions. The GMP is only amended as a result of allowable additions or deletions as defined in the Contract. We are responsible for the GMP. Flintco works to exceed expectations while delivering the project from original concept through completion. We believe it is our responsibility to maximize your construction dollar. By collaborating with the design team and our trade partners, Flintco delivers the maximum amount of building/programing within the total GMP. OUR EXPERTISE: ' Design Management • AHJ Coordination Site Utilization and Logistics Planning • Schedule Development • Cost Estimating & Modeling • ConstructabilityAnalysis • Value Analysis • Phase Planning • Bid Package Planning & Development • Document Quality Analysis & Control • Total Cost of Ownership Analysis • Trade Partner Prequalification • WMBE/HUB Outreach OUR TOOLS: • Building Information Modeling • Proprietary Cost Data Base • Primavera P6 • Assemble • Laser Scanning • ThermalIriaging • Drone Imaging & Scanning • Coordination Clash Detection • Lean 2.0 CITY OF FAYETTEVILLE MAPLE STREET IMPROVEMENTS I RFP 24-15 \P INTCO 123 Mutual trust is the basis for any relationship. Flintco We work with the engineeringteam to prioritize the has been fostering relationships in the Northwest items that have the greatest impact on the final GMP Arkansas community for more than seven decades. foryourproject. Trend estimates, ourassumptions/ This has allowed us to create a deep pool of `tried clarifications and constructability reviews, help and true'trade partners that have proven theirvalue confirm that the contract documents and the GMP project after project. align with your- objectives. Flintco will take a hands-on approach from the initial phases of preconstruction. Our strong industry relationships from seven decades in the region allow Flintco to involve our trade partners in the constructibility reviews and value analysis early in the process. The Flintco team, in conjunction with our local trade partners, will add value to your project by making informed construction recommendations that will have direct impacts on schedule and budget. Our preconstruction process unifies design, engineering, and construction to ensure that the project is thoroughly planned, budgeted and built on paper priorto the start of construction. We provide value analysis, insight and creative recommendations that maintain your budget, schedule, and design intent. We develop trade partner interest in the project and divide the trade work into as many separate packages as is practical. The more the work is divided, the more clearly the cost of the work is defined. This also increases the opportunity to include smaller, local trade partners as well as more minority and small business. We tabulate the bids and make comments and recommendations. The low responsible bidder- is interviewed to ascertain bid completeness, as well as understanding of the scope of the work. Billing Approach Our approach to billing includes the use of the A133- 2009 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price. The A133 will be coordinated for use with AIA Document A201-2007, General Conditions of the Contract for Construction. Tyson Park Renovations - Cityof Springdale $5,493,500 $5,446,144 -0.86% Rogers School District Athletic Facilities $27,001,421 $26,890,705 -0.41% UniversityofArkansasFrankO'MaraTrackandFieldHigh $10,261,650 $10,143,112 -1.17% Performance Center Preconstruction will be led by Preconstruction Director, Klint Kimball, who has delivered more than $2 billion in preconstruction services in the Northwest Arkansas market and has a record of maintaining a 2% variance when preparing estimates. He is supported by a dedicated team of experts who will be involved in document review, project coordination, and quality exercises from the onset of Flintco's involvement. Mint has forged trusting relationships with the Arkansas trade partner community, ensuringproven trade partners will compete foryour project. CITY OF FAYETTEVILLE MAPLE STREET IMPROVEMENTS I RFP 24-15 1?UNTC0 l 24 SECTION B III Records on Similar Projects Asa companyand specifically forthe project team we have proposed, Flintco has earned a reputation for the timely completion of our projects with award -winning results for quality. On the previous pages, the resumes of our staff reflect a full listing of projects with on -time completions. In addition, these personnel have all earned ABC Excellence in Construction awards for projects they have built. Key members of this team are designated to establish and document the project quality objectives. A constructabiIity and materials performance report is prepared to address any concerns that surface during the evaluation of the design development documents. Elements of the program include: • A clearly understood and well communicated quality assurance program. Concise procedures and timing forinspection of the final work to coordinate the initial inspection responsibility of the project manager with the final acceptance responsibilities of the project architect. • Involve members of review agencies early. • Extract concerns relating to the trade partner's ability to perform to the objectives of the quality assurance program and discuss these issues at the pre -award conference. • Evaluation of alternates and "or equal" provisions prior to issuing the bidding documents. Incorporate into the construction documents specific criteria for submittals, samples, mock-ups, etc. and requirements to define the individual contractor's responsibility for quality assurance. Require each trade partner to designate a representative to discuss quality assurance issues. • Establish a meeting schedule prior to coming on -site to discuss quality awareness, individual commitment and anticipated problems with materials, equipment or workmanship to be incorporated into the project. PROJECTS Fayetteville Razorback Rd. Improv, ✓ ✓ ✓ ✓ ✓ Deane & Porter Road Realignment ✓ ✓ ✓ U of A Senior Walk 2020 - 2025 ✓ ✓ ✓ ✓ ✓ Fayetteville Police Headquarters ✓ ✓ ✓ Fayetteville Fire Station #2 ✓ ✓ ✓ ✓ Fayetteville Fire Station #8 ✓ ✓ ✓ ✓ Fayetteville Fire Station #9 ✓ ✓ ✓ ✓ CITY OF FAYETTEVILLE MAPLE STREET IMPROVEMENTS I RFP 24-15 1FL1r-rrC0 12 5 In addition to the extended project narrative shown below, please refer to Section B I for additional examples of Flintco's relevant experience. University of Arkansas Senior Walk 2021- 2025 Flintco was pleased to partner with the University of Arkansas on the expansion of their iconic Senior Sidewalk tradition. To maintain consistency in the design, especially since the campus has many historic areas, the University of Arkansas executives have established guidelines for the sidewalk size to accommodate two rows of names on each panel. Flintco was hired to complete this project, which involved redoing sidewalks and the curb, gutter, and manholes to accommodate the graduating classes from 2021 to 2025. The scope of the project also included electrical workto replace several old light poles to match campus standards. From the cornerof Cleveland and Razorback Road, the project spanned up Maple, around Garland, and tied into the previous Senior Sidewalk project, completed bythe Flintco JOC team in 2022, at the northwest cornerof Cleveland and Garland. The 2021- 2025 Senior Sidewalk project involved 4,240 linear feet of curb, gutter, and sidewalk, and the landscaping was also replaced. Safety and Successful Execution on Operational Campus An active corridor of campus, the project team took measures to control pedestrian and car traffic on roads and sidewalks, including establishing a path of access and installing proper signage and fencing, where necessary. Additional coordination efforts were exercised to accommodate drop-off and pick-up traffic, as the construction site was adjacent to an elementary school. The Flintco team was proactive in the coordination of these efforts, working closely with University staff and school administrators. t eky. • "� a .�G. . r Landscaping, senior sidewalk and retaining wall that were all a part of this 2020 - 2025 Senior Sidewalk Project just south of a residential area off Razorback and Cleveland Streets. CITYOF FAYETTEVILLE MAPLE STREET IMPROVEMENTS I RFP 24-15 1PLINTC0 1 26 Additionally, a portion of the project on Maple Street ran along the north end of Donald W. Reynolds Razorback Stadium, where 80,000+ fans converged on game days. Flintco worked diligently to maintain traffic flow in both directions, so this project did not impact game day traffic. Approximately 550 feet of the new Senior Sidewalk is located directly above a high -voltage tunnel that housed the infrastructure for campus utilities. Special consideration was given to protect this area while safely demolishing existing sidewalk, so as not to interrupt university operations and to ensure a safe environment for trade partners working around the high -voltage area. Though the start of this project was delayed, Flintco was able to finish on time by working in conjunction with the owner. Per the owner's request, we developed a plan whereby we could maintain open driveways and pathways which were necessary to maintain campus operations. The project team began work in December of 2022 and completed avast majority of the project by mid - September 2023, five weeks ahead of schedule. Further demonstrating the collaborative effort between Flintco, the owner and the designer, Flintco was asked to price the use of asphalt pavers compared to bluestone pavers for an area of the sidewalk. This change in design resulted in substantial savings. To effectively coordinate construction activities in this busy corridor of campus and maintain proper access to drives and walkways, Flintco held bi-weekly owner meetings to ensure communication was thorough and proactive. This working relationship laid the groundwork for a successful, injury -free project that finished on schedule and in -budget. Excavation at retaining wall preparing for new curb, gutter, and the Iconic U of A Senior Sidewalk. CITY OF FAYETTEVILLE MAPLE STREET IMPROVEMENTS I RFP 24-15 `"duNr= 1 27 SECTION B IV Owner Verification & Contact Information U of A Razorback Road Improvements OWNER REFERENCE Todd Ferguson, Campus Planner University of Arkansas toddf@uark.edu 479.575.3371 ARCHITECT REFERENCE Jay Young, President DCI jayy@dcius.pro 479-444-7880 Arkansas Ave. Senior Sidewalk OWNER REFERENCE Todd Ferguson, Campus Planner University of Arkansas toddf@uark.edu 479.575.3371 ARCHITECT REFERENCE Steven J. Head, PE, Principal and Geo-technical Department Head McClelland Consulting Engineers shead@mce.us.com 479.443.2377 U of A Senior Sidewalk OWNER REFERENCE Todd Ferguson, Campus Planner University of Arkansas toddf@uark.edu 479.575.3371 ARCHITECT REFERENCE Matt Loos, Engineer of Record Olsson, Inc. mloos@olsson.com 479.443-3404 CITY OF FAYETTEVILLE MAPLE STREET IMPROVEMENTS I RFP 24-15 ,PLINTCO 128 SECTION B V Current and Projected Workload We have the resources available to commence work immediately upon selection. Your team - Project Director, Chad Crouch, Project Manager, Tricia Shaw, Senior Superintendent, Kevin Langston, and Superintendent Dustin Maupin - have the capacity and resources available to them to manage the construction of the City of Fayettevi I I e's Maple Street Improvements project. Preconstruction Director Klint Kimball leads our preconstruction effort with the full support of our local Preconstruction Department, which is structured to facilitate multiple projects simultaneously. Our philosophy is that when preconstruction is interactive and performed at a high level, it sets the foundation for success in the field. Our current workload allows our team to commence this effort for the City of Fayetteville immediately. Bus Depot Transportation Upgrades - February 2025 Springdale HS & Harbor HS Baseball & Softball Field Improvements - February 2025 21C Museum Hotel Bentonville North Entry Modifications - May 2025 Downtown Bentonville Utility Relocation - July 2025 200 East Central Hotel - August 2025 Lincoln Junior High School SPED & FACS Remodel - August 2025 A Street Promenade - September 2025 Bentonville Adult Recreation Center - November 2025 Crystal Bridges Museum of American Art Phase 2 Expansion - December 2025 Saracen Casino Resort Hotel & Event Center Phase 2 - December 2025 Quilt of Parks - December 2025 Mercy Rogers 7th Floor ICU - April 2025 Oakdale Middle School Renovation - August 2026 Alice Walton School of Medicine Campus Housing - June2027 CITY OF FAYETTEVILLE MAPLE STREET IMPROVEMENTS I RFP 24-15 \P INT= 1 28 SECTION B VI Current Maximum Bonding Capacity and Rate TRAVELERS One Tower Square Hartford, CT 06183 January 16, 2024 Re: Flintco, LLC, (a subsidiary of Alberici) 323 E. Reconciliation Way Tulsa, OK 74120 To Whom This May Concern, Richard W. DuPont Managing Director, Construction Services Bond & Specialty Insurance (314) 579-8315 940 West Port Plaza, St. Louis, MO 63146 We are pleased to share with you our experience as surety for Flintco, LLC, a subsidiary of Alberici. We consider Alberici one of our outstanding and most valued clients in whom we have the highest confidence. Throughout the past 104 years Alberici has, in our opinon, remained properly financed, well equipped and capably managed. Based on a conservative internal credit system, we rank Alberici's financial strength and condition in the top 5% of our portfolio. Very few clients achieve this status and it reflects how well run the company is in several facets. Travelers' current A.M. Best Co. rating is A++ XV. Travelers Casualty and Surety Company of America, a subsidiary of The Travelers Companies, has a reinsurance agreement in place with other Travelers companies. Combined, these companies, which are licensed by the Treasury, provide Travelers Casualty and Surety Company of America with approximately $2 billion in capacity above and beyond its $211 million single risk limit Travelers Casualty and Surety Company of America has participated in total work programs on behalf of Alberici in excess of $300,000,000 on single contracts and $2,500,000,000 aggregate. This information is provided only for general evidence of capabilities and bonding capacity on a normal operating basis and is not intended to represent the maximum bonding capacity available for this firm. This letter confirms that, in the event Flintco, LLC should be selected for proposed Project, Travelers Casualty and Surety Company of America is prepared to provide the required Performance and Payment Bonds on behalf of Flintco, LLC covering the Project up to 100% of the contract price, subject to our normal underwriting requirements at the time the request is made. Alberici enjoys an excellent reputation of meeting all of their responsibilities and obligations in a professional manner and has a number of repeat customers because of their fine results. Travelers places a high level of confidence in Alberici's financial strength, technical expertise, integrity and ability to select projects. It is our privilege to recommend Flintco, LLC, as a subsidiary of Alberici, to you. Sincerely, Travel asualty d S Company of America By: ,? l Richard W. DuPont, Managing Director, Construction Services The undersigned declares under penalty of perjury that the above statement(s) submitted is true and correct and that this declaration was executed in St. Louis County, Missouri. Signed, sealed and dated this 16th day of January, 2024 By: OJUA //. � (.��LL.�C.L7AC.. Cheryl L Mc leenan—Notary Public o,pgY P(jIG, CHERYL L MCALEENAN �, : My Commission Expires * ;NOTARY : * ;9 . SEAL .a' = May 15, 2024 St. Louis County �OF40' Commission#12487106 CITY OF FAYETTEVILLE MAPLE STREET IMPROVEMENTS I RFP 24-15 ?Ur-JTCO 130 City of Fayetteville RFP 24-15, CMAR for Maple Street Improvements SECTION C: Signature Submittal 1. DISCLOSURE INFORMATION a. Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. L If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. Thisform must be completed and returned in orderforyour bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: X 1) NO KNOWN RELATIONSHIP EXISTS 2) RELATIONSHIP EXISTS (Please explain): b. I certify that; as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true; and my organization shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment. c. Proposer agrees that they shall have a current, valid registration with the Arkansas Secretary of State at time of RFP deadline OR be able to provide proof of registration before recommendation of award to Fayetteville City Council. d. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during anytime in which they are entering into, orwhile in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. e. Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during anytime in which they are entering into, orwhile in contract, with any public entity as defined in §25-1-1002. If at anytime during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. City of Fayetteville, AR RFP 24-15, CMAR for Maple Street Improvements Page 21 of 23 2. PRIMARY CONTACT INFORMATION At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. Corporate Name of Firm: Flintco, LLC Primary Contact: Brent Farmer Phone#1 (cell preferred): 479.879.7313 E-Mail Address: bfarmer@flintco.com 3. ACKNOWLEDGEMENT OF ADDENDA Title of Primary Contact: Vice President / Area hone#2: 479.306.6259 Acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFP documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject Contractor to disqualification. ADDENDUM NO. SIGNATUR AND PRINTED NAME DATE ACKNOWLEDGED 1 - Dec. 23, 2024 Brent Farmer `; 1/20/2025 4. DEBARMENT CERTIFICATION: a. As an interested party on this project, you are required to provide debarment/suspension certification indicating compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. b. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. c. Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR RFP 24-15, CMAR for Maple Street Improvements Page 22 of 23 5. SIGNATURE SUBMITTAL: NAME OF COMPANY: Flintco, LLC PHYSICAL ADDRESS: 184 E. Fantinel Blvd., Springdale, AR 72762 MAILING ADDRESS: TAX I D #: 27-3321079 PHONE: 479.750-4565 E-MAIL: bfarmer@flintco.com PRINTED NAME: Brent Farmer TITLE: VP/Area Manager AR. SECRETARY OF STATE FILING #: 800188970 SAM LEI #: U7BTDMB4CJ16 DATE: 1 /20/2025 END OF RFP DOCUMENT City of Fayetteville, AR RFP 24-15, CMAR for Maple Street Improvements Page 23 of 23